Terms & Conditions

TERMS & CONDITIONS – TERMS OF USE

Australian Visas Downunder (the “Service”) and its Web Site (the “Web Site”) is owned and operated by Irene O’Brien (ABN 75 547 639 687) trading as Australian Visas Downunder, hereinafter referred to as Australian Visas Downunder (ECS). Use of this Service and/or Web Site is subject to the Terms of Use.

Australian Visas Downunder is not liable to you or any one else for any loss in connection with the use of this Service and/or Web Site or a Linked Web Site.

Please note: Australian Visas Downunder reserves the right to amend the Terms of Use at any time. However, since you are bound by these Terms of Use you should periodically refer to them.

DISCLAIMER OF LIABILITY

General Disclaimer:

We are not liable to you or anyone else for any Loss in connection with use of this Service and/or Web Site or a Linked Web Site. This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.

Specific Warnings and Disclaimers:

The Trade Practices Act and similar State and Territory legislation in Australia, Canada, New Zealand and other countries may confer rights and remedies on you in relation to the provision by us of goods or services on the Web Site and by direct contract, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

Web site Warnings and Disclaimers

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Service and/or Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for your use from this Service and/or Web Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the Web Site will be uninterrupted or error free or that any defects will be corrected.

We may, from time to time, change or add to this Web Site (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this Web Site updated. We are not liable to you or anyone else if errors occur in the information on this Service and/or Web Site or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of Australian Visas Downunder) will Australian Visas Downunder be liable for any indirect, incidental, special and/or consequential damages and/or loss of profits and/or loss of opportunity whatsoever which result from any use or access of, or any inability to use or access, the Service and/or Web Site.

Product-related Warnings and Disclaimers

The information in this Service and/or Web Site is provided solely as a convenience for Australian Visas Downunder customers, partners, representatives and employees. Australian Visas Downunder provides this information in good faith and makes reasonable efforts to ensure that the information is as accurate and up-to-date as possible. Accordingly, this information is made available on an “as is” basis without warranty of any kind, except for specific warranties (1) (2) and (3) below. To the maximum extent permissible by law, Australian Visas Downunder excludes all warranties, either express or implied (including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, completeness, usefulness, accuracy, relevancy of information, revised information, up to date information.) In no event will Australian Visas Downunder be liable for any damages resulting from information contained on this Service and/or Web Site including damages arising from inaccuracies, omissions or errors. Any reliance on information contained in this Service and/or Web Site may only be made on the basis that Australian Visas Downunder will not be held liable for any damages including, without limitation, direct, indirect or consequential damages including loss of revenue, loss of profits, loss of opportunity or any other loss.

Australian Visas Downunder expressly disclaims all warranties of any kind whether express or implied. Australian Visas Downunder makes no warranties that Australian Visas Downunder’ services will meet your requirements, or that Australian Visas Downunder’ services will be uninterrupted, secure, or error free, or the results that may be obtained from the use of Australian Visas Downunder’ services, or to the accuracy or reliability of any communication or transmission or data, or the accuracy of any information obtained through Australian Visas Downunder’ services or that defects in the software will be corrected. Australian Visas Downunder makes no warranty regarding any goods or service purchased or obtained through Australian Visas Downunder or any transaction entered into through Australian Visas Downunder. Australian Visas Downunder takes no responsibility for the deletion or failure to store fax and E-mail messages. No advice or information, whether oral or written, obtained by you from Australian Visas Downunder or through Australian Visas Downunder’ services shall create any warranty by Australian Visas Downunder.

Information contained in this Service and/or Web Site is subject to change, alteration or update at any time and without notice.

To the fullest extent permitted by law, Australian Visas Downunder liability for breach of any implied warranty or condition that cannot be excluded is limited at the option of Australian Visas Downunder to the following:

In the case of goods or services supplied or offered by Australian Visas Downunder,

The replacement of the goods or services or the supply of equivalent goods or services,

The refund of the cost of the goods (excluding postage and handling) or refund of the cost of services.

Where permitted by law, Australian Visas Downunder’ liability is restricted to a payment of Australian Dollars 100.

MONEY-BACK GUARANTEE

The Money-Back guarantee is available to Gold Service Consultancy only.

In the unlikely event that the Immigration application is refused by Government, Australian Visas Downunder shall refund up to 80% of all fees received for our Consultancy Services only, as detailed in the Standard Agreement signed by the Client and ECS.
Governments Fees and other Statutory Fees are not refunded by the organisations and therefore cannot be refunded to Client.

Special conditions are applicable, as per written Agreement between Client and Australian Visas Downunder on commencement of Consultancy services. Please check your individual Agreement for more detail.
Notwithstanding clauses in the individual Agreements, no fees will be refunded under the Money-Back Guarantee in the following cases, under any circumstances:
1. Where the Client has provided false or misleading information;
2. Where Government organisations find that document(s) and/or deposition(s) are forged or fabricated;
3. Where the Main Applicant’s and/or Secondary applicant’s qualifications and/or skills / experience are not acceptable to the Government Assessing Body.;
4. Where the Main Applicant and/or Secondary applicants fail in the requisite language skills tests and/or interview;.
5. Where the Main Applicant and/or Secondary applicants fail in the medicals, for any reason whatsoever;
6. Where the Main Applicant and/or Secondary applicants fail to obtain necessary Police, Taxation and other clearances as required by the Government organisations;
7. Where the Main Applicant and/or Secondary applicants are rejected on the basis that their successful visa application would cause undue and/or ongoing expenses to the Government (medicals, disadvantaged child(ren) or dependent(s), additional care, additional training, additional language and other skills requirements, etc.).

8. Where the Main Applicant and/or Secondary applicants fail because of subsequent changes to legislation and/or points-tests.

INDEMNIFICATION

You agree to indemnify Australian Visas Downunder, its parents, subsidiaries, representatives and employees from any claim or demand, including solicitors’ fees, arising out of your use of Australian Visas Downunder, including any violation of this Agreement by you or any other person using your account, or any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers and infringement of intellectual property or other rights.

TAX

No tax will be added to any purchases, except for GST on sales within Australia, Canada and New Zealand to local residents and/or organisations. However it is likely that these goods/services will be subject to the customs fees and import duties of the country into which the goods are mailed or freighted, or services supplied.

CUSTOMS

All goods are dispatched on a CFR basis (Cost + Freight). You may be subject to import duties and taxes that are levied once a package reaches your country. Additional charges for customs clearance must be borne by you. Australian Visas Downunder has no control over these charges and cannot predict how much they may be. Customs policies vary widely from country to country. If in doubt you should contact your local customs office for further information, prior to placement of order.

You will be considered the importer of the goods or product(s) and must comply with all laws and regulations of the country into which you are receiving the goods.

You must arrange for insurance cover, if required.

TERMINATION

In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the “General” section.

The Terms of Use are effective until terminated by Australian Visas Downunder and Australian Visas Downunder may terminate this agreement and your access to the Service and/or Web Site at any time without notice. In the event of termination you are no longer authorised to access the Web Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

Australian Visas Downunder may terminate your account with or without cause at any time. Grounds for termination include, but are not limited to, lack of use, any violation of the Terms of Service, or if Australian Visas Downunder decides, in its sole discretion, to discontinue the service. Once your account is terminated, your right to use Australian Visas Downunder ceases. Australian Visas Downunder shall have no obligation to maintain any content in your account or provide ongoing informational service until the expiry of the SELF HELP Membership Service or Professional Assessment Service (usually 90 days). You agree that any termination of your access to Australian Visas Downunder may be effected without any prior notice to you.

COPYRIGHT

This Web Site is our copyright property.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means:

Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or

Commercialise any information, products or services obtained from any part of this Web Site without our written permission.

TRADE MARKS

These trade marks and other Australian Visas Downunder products and services referred to in this Service and/or Web Site are trade marks of Australian Visas Downunder.

Other product and company names mentioned in this Service and/or Web Site may be the trade marks of other people or entities.

Nothing contained in the Service and/or Web Site should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Web Site without the express written permission of Australian Visas Downunder or third party owner.

LINKED WEB SITES

This Web Site may contain links to Linked Web Sites. Those links are provided for convenience only any may not remain current or be maintained.

Links to those web sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.

Unless otherwise stated the Linked Web Sites are not under the control of Australian Visas Downunder and Australian Visas Downunder is not responsible for the contents of any Linked Web Site. You link to any such web site at your own risk.

COOKIES

Cookies are pieces of information that a web site transfers to your computer’s hard disk. We may store one or more cookies in your computer or request your computer to transmit data to us.

If you do not wish to receive cookies you may set your browser to refuse cookies.

Cookies do not in and of themselves personally identify users, although they do identify a user’s browser.

This Web Site may store cookies on your computer in order to better serve you upon subsequent visits to this Web Site.

If you use our on-line credit card payment option, you must turn cookies on. But cookies are not required for faxed and mailed orders, or for browsing through our “Australian Visas Downunder” web site.

GENERAL

In this Web Site:

“Australian Visas Downunder” means Irene O’Brien (ABN 75 547 639 687) trading as Australian Visas Downunder and its subsidiaries unless otherwise specified.

“Linked Web Sites” means web sites of persons or entities other than Australian Visas Downunder which are hyperlinked from this Web Site.

“Personal Information” means any information from which your identity is apparent or can be reasonably be ascertained, including “sensitive information” under the Privacy Act.

“Web Site” means the whole or any part of the web pages located at www.live-in-australia-today.com (including the lay-out of this Web Site, individual elements of the Web Site design, underlying code elements of this Web Site, or text, sounds, graphics, animated elements or any other content of this Web Site.)

“We” and “us” refer to Australian Visas Downunder and “our” has the same meaning.

Governing Law

These Terms of Use are governed by the laws in force in Western Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia.

This Agreement takes effect from the date when you first visit our web-site home page or when you make the first appointment with one of our Migration Consultants. The terms and conditions will remain operative until either you or Australian Visas Downunder terminate the services.
1. This Agreement is governed in all respects by the laws of Western Australia;
2. The UN Convention on contracts for the international sale of goods is expressly disclaimed;
3. Both parties agree that any cause of action relating to this Agreement shall be brought in a Court of Perth, Western Australia;
4. If any provision of this Agreement was held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of this Agreement shall remain in full force and effect;
5. Australian Visas Downunder’s failure to act with respect to a breach by You or others does not waive Australian Visas Downunder’s right to act with respect to subsequent or similar breaches by You or others; and
6. You cannot assign or transfer this Agreement and any right under this Agreement, any such attempt is void.

Nothing contained in these Terms of Use derogates from Australian Visas Downunder right to comply with law enforcement requests or requirements relating to your use of this Service and/or Web Site or information provided to or gathered by Australian Visas Downunder with respect to that use.