Terms and Conditions
Access to the migration xyz websites and the purchase of any service/s from migration xyz is conditional upon you reading and accepting all of the terms and conditions in, and linked to, the Terms of Use, Terms of Service and Privacy Policy, as they exist at that time. These Terms and Conditions are subject to change at the sole discretion of migration xyz.
1. Terms of Use
Defined Terms
“Client” or “you” or “your” or “their” means the individual visiting this Website.
“Client Account Area” means the secure online system managed by migration xyz which allows Clients to enter and update their personal information and access our Services from any computer with internet access.
“Migration xyz” or “www.migrationxyz.com.au” or “we” or “our” means migration xyz or any of our subsidiary companies.
“Profile” means the information provided by the Client about the Client and, if applicable, about the Client’s family.
“Service” means the Visa Service provided by migration xyz. A detailed description of what is included in your Service can be found at www.migrationxyz.com.au.
“Terms” mean these terms and conditions.
“Working Day” means a day on which banks are open for business in Melbourne, Australia.
“Website” means www.migrationxyz.com.au
Privacy
Please review our Privacy Policy, which also governs your visit to migration xyz, to understand our practices.
Licence and Website Access
Migration xyz grants you a limited licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of migration xyz. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of migration xyz.
You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of migration xyz without express written consent.
You may not use any meta tags or any other “hidden text” utilising our name or trademarks without our express written consent of migration xyz. Any unauthorised use terminates the permission or license granted by migration xyz.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Website so long as the link does not portray migration xyz, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any migration xyz logo or other proprietary graphic or trademark as part of the link without express written permission.
Copyright
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of migration xyz or its content suppliers, and is protected by Australian and international copyright and trademark laws.
The compilation of all content on this Website is the exclusive property of migration xyz and protected by the laws that apply in the countries we operate in and international copyright laws. All software used on this Website is the property of migration xyz or its software suppliers, and is protected by local and international copyright laws.
Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE IS PROVIDED BY MIGRATION XYZ ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIGRATION XYZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIGRATION XYZ DISCLAIMS ALL WARRANTIES. MIGRATION XYZ DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM MIGRATION XYZ ARE FREE OF ERROR, VIRUSES OR OTHER HARMFUL COMPONENTS. MIGRATIONXYZ.COM.AU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
To the extent that liability cannot be excluded, the liability of migration xyz, its directors, officers, employees, and consultants is limited to the cost of the service migration xyz provides to the Client.
To the greatest extent possible by law, the Client must indemnify and hold harmless migration xyz, its officers, employees, agents and related companies (Indemnified Persons) against all Liabilities (including legal costs on a full indemnity basis) incurred by the Indemnified Person in connection with the provision of the Service by migration xyz, except the Liability arising from the negligence or default of any of the Indemnified Persons.
2. Terms of Service
Communications
When you visit migration xyz, send e-mails to us or by communicating via the Client Area, you consent to communicating with us electronically and agree that all such communications (including agreements, notices, disclosure, etc.) satisfy all legal requirements to be in writing.
We will communicate with you by e-mail, through the Client Area, or by posting notices on this Website. If you do not respond to any communication related to the provision of the Service within two (2) working days, we may prepare the Service based on the information previously provided by you.
Migration xyz reserves the right not to respond to any query which is not sent through the Client Area or a provided support e-mail address.
Information Provided by the Client
Migration xyz will use and rely on information provided by the Client in the provision of the Service. Migration xyz will not independently verify or assume responsibility for the accuracy or completeness of such information. Accordingly, the information provided by the Client must be correct.
Any advice provided to you should not be used by any third party as each case varies depending on the particular circumstances of the applicant and the applicant’s family. Such action will result in an immediate breach of our Copyright terms as set out above.
Provision of Service
Upon registering your interest, you are able to purchase a Service offered by us. Upon payment, we will endeavour to have the Service delivered to you within the time frame provided for in the Service description. However, in certain cases this may take longer, depending on the complexity of your case.
The Service also takes into account current and publicly available immigration legislation and policies. Migration xyz cannot be held responsible for any inaccuracy arising from changes to such legislation and policy which are not publicly available at the time the Service is provided or which may occur after the Service has been provided to the Client.
The Client is encouraged to seek additional guidance from one of our Migration Consultants and/or make independent enquiries before relying on the information provided as part of the Service.
Migration xyz cannot offer taxation, business, education or investment advice. Any information provided by our employees on non-migration related matters should only be interpreted as general information and the Client should obtain professional advice regarding these matters.
Types of Services
Migration xyz offers two types of services: Professional Consultations and Managed Visa Application Services.
Professional Consultations are one-on-one sessions between the client and a Migration Consultant. Managed Visa Application Services is where the client appoints migration xyz to manage their entire visa application on their behalf.
Support Available During Your Managed Visa Application
Our Support Service enables clients to contact a Migration Consultant while we are managing your Visa application. During this subscription period, clients are permitted to submit visa application related questions, specific to their profile, via e-mail address provided.
We endeavour to have one of our service team members or Migration Consultants reply to your query within two (2) working days of receiving the question. In some cases, however, it may take longer than the two (2) working days. This will depend on the nature of the question.
Migration xyz reserves the right not to respond to questions that:
- do not relate to migration matters; or
- are not submitted in English; or
- are not related to the Client’s Profile; or
- are not appropriate.
Migration xyz reserves the right to request, or to limit the amount of questions asked in a 24-hour period.
Under Australian law, a person who wishes to operate as a Migration Consultant must be registered with the Migration Agents Registration Authority (MARA). Migration xyz confirms that its Migration Consultants are all registered with MARA, which is responsible for administering the Code of Conduct.
The Code of Conduct is intended to regulate the conduct of Migration Consultants. Among the requirements of the Code, is the ability of Consultants to demonstrate good character as well as competency in the provision of Australian immigration advice. A copy of the Code of Conduct can be found in Schedule 2 of the Migration Consultants Regulations 1998. To view the Code of Conduct please click here
Regulation of Migration Agents
A copy of the Information on the Regulation of the Migration Advice Profession can be found on the migration xyz Website. To view the Information on the Regulation of the Migration Advice Profession please click here.
The client acknowledges that they have had access to and the opportunity to read this document in full prior to making any payment to migration xyz.
Guarantee of Visa
We are not part of any government. We are a private company and we do not have the authority to grant you a visa of any kind. We can only assist and advise people who want to travel to Australia. Please note that the final decision on all visa applications rests with the relevant government department.
Fees Payable
Any fees paid to migration xyz are for the provision of the Service/s listed on our Website. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our Services using one of our accepted payment methods.
Our fees do NOT include other costs, which are part of the migration process such as government lodging fees, medical and police checks, translation of documents, etc. As part of the Service/s which is/are provided to you, an approximate indication of the fees which form part of the process will be set out for you, together with clarification as to when these costs are due.
The client agrees that all service fees are deemed earned once paid and subject to the terms of termination outlined in this agreement.
The client agrees that the service fees will be deposited into the migration xyz’s account within 14 days of receipt, as applicable.
Refund Policy
As soon as payment is received, the Client is deemed to have engaged the Services of migration xyz. Our Service is our professional advice and expertise. Once the Service has been provided to you, it cannot be returned, whether or not you have changed your mind or you no longer wish to utilise it.
If the client purchased a professional consultation, and the consultation was not provided, the client is entitled to a full refund.
If the client purchased a Manage My Visa Application Service, and migration xyz has not commenced any work on their case, then we will provide a full refund.
However, if migration xyz has commenced work, the client will be charged AU$199 per hour of work completed to date and the rest will be refunded.
In the event of a refund of a payment by credit card, funds will be returned to the credit card that was used for your payment. If this card is no longer valid, you will be responsible for making arrangements with your bank or credit provider to have the funds transferred.
Termination of Service
Migration xyz reserves the right to terminate this agreement at any time. Termination includes cancelling your registration with or ability to have full or partial access to this Website and/or any other service provided to you by us.
Migration xyz reserves the right to terminate this agreement for any reason, including any improper use of this Website; the provision of false or misleading information; or your failure to comply with these terms and conditions.
Internal Complaints Procedure
Migration xyz is committed to providing its clients with the highest standard of service. Our complaint handling process is designed to ensure that clients’ concerns are treated seriously and addressed promptly and fairly. In many instances, we have found that your consultant will be able to help resolve your concerns.
All complaints must be submitted in writing and directed to support@migrationxyz.com.au. All such written complaints will be acknowledged in writing. Upon receipt of the complaint, your Migration Consultant will contact you in the next 3 business days to acknowledge receipt. A detailed review will be conducted and a response provided to the client within 10 – 15 days. All clients will receive written notification of any investigation undertaken and the resolution achieved.
Our commitment to our clients is genuine.
Privacy and Release of Information
Migration xyz is bound by the Privacy Act 1988 (Cth) (Privacy Act). Accordingly, migration xyz takes reasonable steps to protect personal information (as defined under the Privacy Act) collected by migration xyz from misuse and loss and from unauthorised access, modification or disclosure.
Migration xyz may use and disclose the Client’s (and if applicable, the Client’s family’s) personal information for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act.
In general, migration xyz will disclose the Client’s personal information for the following purposes:
- to conduct our business;
- to provide and market our services;
- to communicate with the Client;
- to comply with our legal obligations; and
- to help us manage and improve our services.
Subject to the exceptions set out in the Privacy Act, the Client may gain access to the personal information which migration xyz holds about them by sending an email to privacy@migrationxyz.com.au. A fee may be charged for providing access and migration xyz will advise the Client of the likely cost in advance.
Due to privacy laws, we are unable to discuss your personal details with any third party enquiring on your behalf (including family) unless you provide your written consent authorising us to do so.
Please review our Privacy Policy which also governs your visit to migration xyz, to understand our practices.
Governing Law
The agreement Terms shall be governed by the laws of Victoria, Australia. The Courts of Victoria shall have exclusive jurisdiction to settle any disputes (including claims of set-off and counterclaims) in connection with this Agreement.
General
No person has been authorised to give any representations on behalf of migration xyz in regards to the subject matter or the terms of these Terms.
Headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
Migration xyz may vary any of these Terms and any other information relating to the Service at any time, and your subsequent use of the Website will be governed by the varied Terms.
In the event that any of the provisions of these Terms are or shall become invalid, illegal or unenforceable, the remainder shall survive unaffected.
Links
This Website contains links to other sites. Please be aware that we, migration xyz, are not responsible for the accuracy or the privacy practices of other such sites. We encourage our clients to be aware that when they leave our site, they should read the privacy statements of each and every website that collects identifiable personal information. This privacy statement applies solely to information collected on this Website.