Terms of Use

1. Acceptance of Terms

This Website is operated by File Right Inc., its parents, subsidiaries, affiliates, successors and assigns (“Company,” “we,” “us,” or “our”), and through our website www.fileright.com.au (the “Website”), provides: (i) general immigration-related information and products; (ii) an automated software solution for filling out certain Australian immigration forms based on the specific information and direction which you provide, which we then deliver to you along with the original Government instructions; and (iii) other ancillary and support services at your request (collectively referred to hereafter as the “Service”), subject to the following Terms of Use (the “Terms”), which may be updated by Company from time to time. Notwithstanding the foregoing, decisions regarding the contents of any particular field, as well as the choice of the form itself, are solely and exclusively your own.

One of the primary advantages of the Website is educating you about the process and requirements of the Department of Home Affairs (“DHA”) applications. The Website provides a user-friendly, automated “do-it yourself” software solution that guides you through the application preparation process based upon your specific direction. The payment received by the Company is in exchange for the use of this Service.

The Company is NOT a Government Agency nor affiliated with any government entity or agency. Further, the Company is NOT a law firm and neither Company nor any of its employees provide legal or immigration advice or services, opinions or recommendations to its users about their possible legal rights, legal remedies, legal defenses, legal options or legal strategies, selection of forms, or answers to specific questions on forms. The Company is not a registered migration agent and does not regard itself as being a provider of ‘immigration assistance’ (as this expression is defined in section 276 of the Migration Act 1958 (Cth)). Further, no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from your use of the Services. As such, this Website is not intended to create any attorney-client relationship, and by using this Website no attorney-client relationship will be created with Company. Instead, you are representing yourself in any legal matter you undertake through the Website’s Services. If you have specific or unique problems which are complex or require legal advice, please consult with and obtain legal advice from a qualified attorney. Your use of information and forms on this Website is solely at your own discretion and risk.

By accessing the Website and using the Service in any way, you are agreeing to comply with and be bound by the terms of these Terms. In addition, when using the Website and the Service, you agree to abide by any applicable posted guidelines for all of Company’s services, which may change from time to time, and to comply with all applicable laws and regulations. Should you object to any of the terms or conditions of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Company or the Website in any way, you should immediately discontinue use of the Website. These Terms will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability.

YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.

It is your responsibility to periodically review these Terms. Nevertheless, Company reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Services by you after Company’s publication of any such changes shall constitute your acceptance of these Terms, as modified. You agree that Company is permitted to access and use any other information provided by you to perform the Service and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Service provided to you by the Company.

Company strives to keep its forms and documents accurate, current and up-to-date. However, because the law changes rapidly, Company cannot guarantee that all of the government forms or information on the Website is correct, complete or up to date.

2. Pricing and Fees

Prices posted on the Website represent the fees which are payable to the Company for your use of the Services. Additional processing and filing fees (if any) are payable either to the DHA (“Government Fees”), as determined by the circumstances. These additional Governmental Fees are not included in the price for the Services identified on the Website. You must pay these Government Fees separately at the time of application submission.

3. Access to the Service

Company grants you a limited, revocable, nonexclusive, non-transferable license to access the Website and utilize the Service for your own personal use of the Service only, and not to download or modify it or any portion thereof (other than as expressly permitted by Company.) Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, you agree that no Materials (as defined below) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Company’s written permission. Violation of these Terms, including without limitation modification or use of Materials on the Website for any purpose other than those permitted in this Agreement, shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Service, and also may constitute the infringement of Company’s copyright, trademark and/or other rights. You shall not attempt to access any other Company’s systems, programs or data that are not made available for public use. Except as expressly stated in the Terms, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of Company’s or any third party, in connection with your use of the Website and any Materials provided by Company or any third party on the Website. Elements of the Website, including page headers, custom graphics, logos, sounds, images, the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) and button icons, are protected by trade dress and other state and federal laws and may not, except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, be copied or imitated, in whole or in part.

4. Electronic Filing Service (“E-File“ or “E-Filing”)

IF AVAILABLE, and you elect to have Company file your application electronically, the completed application will be forwarded by the Company to the DHA, or applicable government agency, electronically. You are responsible for verifying the status of your application to confirm that it has been received and accepted by the DHA and, if necessary, for filing it manually in the event that the DHA rejects your electronically filed application. You agree to review your application for errors before electronically filing or mailing it.

By using E-Filing to submit your completed application, you consent to the disclosure to the DHA (and any other immigration-related Australian government authority) of all information relating to your use of the Electronic Filing Service. Company cannot guarantee the acceptance of your application by the DHA due to any circumstances beyond Company’s control, such as incorrect data or information, or a failure of the DHA e-file system. Additionally, you consent to the Company requesting e-filing receipts from the DHA on your behalf, if needed.

5. Creating an Account

You may browse the Website and view certain content without registering, but as a condition to using certain aspects of the Website, you are required to register with us and select a password and email address (“User ID”). You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account with us. You shall not (i) select or use as a User ID a name or email of another person with the intent to impersonate that person; (ii) use as a User ID a name or email subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name or email that is otherwise illegal, offensive, vulgar or obscene. We reserve the right to refuse registration, cancel a User ID or deny your access to the Website in our sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password and security information. You shall never use another user’s account without such other user’s express written permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store. You will be responsible for the confidentiality and use of your User ID, and for any and all activities that are conducted through your account, and agree not to transfer or resell your use of or access to the Website to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your User ID, disclosure of your User ID, or your authorization of anyone else to use your User ID. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately Contact Us.

6. Restrictions on Use of Website

You agree that in connection with your use of the Website, you will not do any of the following:

Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials, or enforce limitations on use of the Website or Materials.
Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials without our written permission, other than as expressly allowed by us.
Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
use any data mining, robots, spiders, or similar data gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without our prior written consent.
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website.
use any meta tags or any other “hidden text” utilizing the name “Immigration Direct” or any substantially similar name without our written consent.
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
“Frame” or “mirror” any part of the Website.
Engage in spamming or flooding.
Remove any copyright, trademark or other proprietary rights notices contained on the Website.
Use the Website or Materials for any unlawful purpose.
Make any resale or commercial use of the Website or Company Materials; or (b) make any derivative use of the Website or Company Materials.

7. Links to Third Party Sites

The Website may contain links to other websites, which are completely independent of this Website and are provided to you only as a convenience. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. Your linking to any other websites is at your own risk and you acknowledge that you bear all risks associated with access to and use of any content, information, data, advertising, products, services, or materials on or available through such websites, and your access to and use of such websites is subject to the terms and conditions of use applicable to such websites. You agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).

8. Limitations on Service

You acknowledge that Company may establish limits concerning use of the Service and reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, including but not limited to the Website’s content, functionality or hours of availability, the equipment needed for its access or use, or its pricing. Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You acknowledge that Company is not responsible for any rejection of your immigration application due to your failure to timely or properly file your application with DHA. Further, you acknowledge that DHA publishes updated forms or changes filing fees from time to time. If you expect to delay submitting your application to DHA, be sure to confirm that the form you have printed is still being accepted by DHA prior to filing and that the amount of the filing fee is still correct. You can check the validity of your form and filing fee amount at any time by logging into your account on the Website and reprinting or downloading your form.

You acknowledge that Company is not responsible for any denial of your immigration application by DHA due to your underlying ineligibility for the immigration benefit which you are seeking.

You acknowledge that Company is not responsible for DHA not following their own published guidelines as made available to the general public via their website.

You acknowledge that from time to time Company may make changes or updates to its Website, Content, Services and/or software solutions (an “Update”) in order to continue to provide best in-class Services and to ensure that the Website supports form updates implemented by applicable government agencies. In the event of an Update, you may be required to provide additional information when returning to your account in order to complete or print your final application. In the event an Update has been made and your account has remained dormant for an extended period of time, Company may disable viewing or editing access of your personal information and require you to contact our customer service in order to view or access your outdated application and/or reuse the Services. Without limiting any other provision of these Terms, Company shall not be liable or responsible for any rejection or denial as a result of an outdated form submission.

You acknowledge that any of the foregoing Limitations on Service will not be cause for a refund for Services and that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

9. Termination of Service

You agree that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website immediately and without notice if Company reasonably believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination.

10. Privacy and Information Disclosure

You acknowledge and agree that Company’s Privacy Policy, as contained on this Website, is incorporated herein by this reference and is hereby a part of these Terms.

11. Ownership

A. Website Content. This Website is owned and operated by the Company. All right, title and interest in and to the materials provided on this Website (excluding any Government forms and documents), including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the “Materials”) are owned either by Company or by third party authors, developers, or vendors that have licensed the Materials to the Company. Except as otherwise expressly provided by Company or permitted under the Copyright Act 1968 (Cth) or other applicable laws, none of the Materials may be copied, republished, reproduced, uploaded, downloaded, displayed, posted, distributed, or transmitted, in any way, including without limitation on any other website or in a networked computer environment, and nothing on this Website shall be construed to confer any license under any of Company’s intellectual property rights, whether by implication, estoppel, or otherwise. Any rights not expressly granted herein to you are hereby reserved by the Company.

Company deems the fair market value of the Website’s pages that contain the Materials to be no less than Six Thousand Australian Dollars (AUD$6,000) per page. As such, if you are interested in purchasing any of the Website’s pages that contain the Materials, and are willing to pay the Company Six Thousand Australian Dollars (AUD$6,000) per page, please contact Company. However, the decision to sell any of the Website’s web pages shall be exercised in Company’s sole and absolute discretion. Any rights not expressly granted herein are reserved by Company.

C. Trademarks. “File Right”, “FileRight.com.au”, the Company’s logo, “Immigration paperwork just got easier”, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Immigration Direct. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

12. Refund Policy

This refund policy is to be read subject to your rights under the Australian Consumer Law (as embodied in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

If you would like to request a refund of the fee you paid to the Company for use of the Service, your refund request must be made (a) within thirty (30) days of the original payment date and (b) prior to (i) the completed application being printed or downloaded, (ii) the downloadable product (e.g. E-Book guide) being downloaded, (iii) the physical product (e.g. DVD, application packet) being shipped, (iv) the translation being initiated, or (v) the substantial performance of the purchased Service. The shipment or delivery of any Service or product, whether electronically, by mail or otherwise, shall constitute substantial performance for purposes of this provision.

Notwithstanding any other provision herein, refunds for services provided by a third-party service provider, including, without limitation, an independent attorney or professional services provider, are subject exclusively to the agreement between you and such third party.

From time to time, Company may promote a special offer on its website or via email or any other place of its choice (“Special Offer”). If there is a conflict between these Terms and any such Special Offer, the Special Offer terms, conditions and refund policies shall apply.

Unless specifically stated to the contrary herein, all refunds will be calculated based on the purchase price paid at the time of purchase. If the Service includes multiple items purchased at the same time (a “Bundle”), items within the bundle will be considered for a refund individually pursuant to the terms of this Refund Policy, and any refund amounts for items within a Bundle will be based on each item’s set individual item price within the total Bundle price.

For Service currently referred to as “Print & Mail”, only one package shipment is included. If a package shows as “delivered” by third-party courier or mailing tracking, no refund will be issued for Print & Mail Service. If a new package is requested, it can be purchased at a reduced rate of 50% of the original Print & Mail Service price you paid. If a package is not received and cannot be shown as “delivered” by third-party courier or mailing tracking, we will send out a replacement Print & Mail Service package to you at no cost.

For any refund requests that do not qualify for a refund pursuant to this Refund Policy, Company, at its complete and sole discretion, may choose to offer a credit to you as a courtesy to be used toward the purchase of one or more items of the Service (“Store Credit”). Store Credit will expressly expire after one (1) year from date of issue. Store Credit has no underlying value and at no times can be exchanged for cash or other form of monetary payment. Store Credit may be used by a friend or family member, but is otherwise non-transferrable and cannot be sold or marketed publicly.

All approved refunds for credit and debit card transactions are issued within five (5) business days. However, please be aware that it can take your bank up to five (5) additional business days for the credit transaction to post to your credit card or bank account, or for the pending charge to be cancelled.

Click Here to Submit a Refund Request.

13. Disclaimer of Warranties

The Company’s Website provides a service designed to allow you to prepare and/or complete various governmental forms and applications using our online software. The form completion software uses the information provided by you on the Website to complete the information on the required governmental form(s). Company shall retain your completed and finalized forms for a period of no less than three (3) years, or otherwise for a duration permitted under applicable law, in Company’s reasonable discretion. The Company is not a law firm and neither Company nor any of its employees provide legal services, legal advice, ‘immigration assistance’ or immigration advice. Further, no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of our services or forms.

The information contained in this Website is provided for general information only and should not serve as a substitute for legal advice from an attorney or immigration assistance from a migration agent familiar with the facts and circumstances of your specific situation. Company’s liability is limited only to amounts paid to Company. If you are not satisfied with our service please Contact Us.

14. Limitations of Liability

A. Consumer guarantees

The Australian Consumer Law (as embodied in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (“ACL“) requires that certain guarantees must be given by the Company to you in relation to the supply by the Company of goods or services to you (“Consumer Guarantees”).

B. Limitation of liability of Company

The Company’s liability to you is limited in the following ways:

Except as required of the Company under the Consumer Guarantees (as to which, see clause 14A above), the Company provides no other warranty, guarantee or assurance, express or implied, to you in relation to the goods or services supplied to you, and you agree and acknowledge that it is fair and reasonable, in all the circumstances, for the Company to do so. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE’S MATERIALS. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY DOES NOT WARRANT THE ACCURACY, QUALITY, SECURITY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, GOVERNMENT FORMS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE’S MATERIALS. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW COMPANY DISCLAIMS ANY WARRANTIES FOR AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, RELIABILITY, TIMELINESS, VIRUSES, HARMFUL COMPONENTS OR EFFECTS, VULNERABILITIES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE OPERATION OF THE WEBSITE OR THE SERVICES, OR ANY OTHER INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE’S CONTENT OR ANY THIRD PARTY WEBSITE, OR ANY OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. THE COMPANY MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE WEBSITE NOR DOES IT REPRESENT OR WARRANT THAT THE GOVERNMENTAL FORMS YOU CAN ACCESS ON THIS WEBSITE ARE ACCURATE AND UP TO DATE. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS WEBSITE, AND ALL CHARGES RELATED THERETO.
If the goods or services supplied by the Company to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, except in the case of a failure by the Company to comply with a Consumer Guarantee under any of sections 51, 52 or 53 of the ACL, the Company’s liability for failure to comply with a Consumer Guarantee to you is limited to:
1. in the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to you of the repair); and
2. in the case of services supplied to you, the supply of the services again or the payment of the cost to you of having the services supplied again.
The Company’s liability to you for a breach of any condition, warranty or term of this these Terms that is not a breach of a Consumer Guarantee is limited in the following way:
1. to the fullest extent permitted by law, the Company is not liable (whether in negligence or otherwise) to you in relation to such breach for any indirect or consequential loss, loss of profit revenue or anticipated savings, business interruption, loss of chance or business opportunity, loss of or damage to goodwill or reputation, claims by a third party for liquidated sums or damages under any agreement, or loss of production or operating time (even if you have advised the Company of their possibility).
2. to the fullest extent permitted by law, any right or remedy conferred on you in relation to any such breach is limited to the price paid by you directly to the Company in connection with such access to or use of the Website of the Services.
Exclusion of loss:
1. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, ADVISORY BOARD MEMBERS, EMPLOYEES, SHAREHOLDERS, MANAGERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, ATTORNEYS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY OTHER LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE OR ANY OTHER SITE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOUR USE OF CONTENT FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

15. General Release of Claims

As such may apply to your usage of the Website, its Content and/or the Services, you, on behalf of yourself, your spouse, and each of your heirs, beneficiaries, executors, administrators, attorneys, agents, representatives, successors and assigns, hereby forever release and discharge Company, and each of its employees, members, managers, officers, contractors, attorneys, agents, representatives, successors and assigns, and any person or entity acting by, though, under or in concert with any of them, from and against, and forever waive, forfeit and relinquish, each and every claim, action, demand, right, lien, covenant, agreement, contract, representation, warranty, indemnity, obligation, debt, cause of action, liability, lawsuit, litigation, loss, damage (including consequential damages and penalties), fee, cost and expense (including costs and expenses of counsel), of every and whatever type, kind, nature, description or character, whether sounding in law, equity, contract, tort, statute or otherwise, and whether or not presently or later known, existing, asserted, suspected, liquidated, fixed, contingent, matured or anticipated, that arises out of, relates to or otherwise is in any way connected with your access or use of the Website, its Content and/or the Services and/or any User Content (each a “Claim,” collectively, “Claims”).

You also acknowledge and agree that nothing contained in this Section 15 shall release or discharge you from your representations, warranties, covenants and agreements set forth in, and from your duties and obligations assumed under, these Terms.

You shall forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the Company and other parties released hereunder arising out of or in any way connected with any Claim that is released or discharged under these Terms.

You represent and warrant to the Company that you have not assigned any Claim released or discharged under the Terms, and you shall indemnify, defend, protect and hold harmless the Company and other parties from and against any and all Claims that the Company and/or other parties shall suffer or incur as a result of or arising in connection with any breach of the foregoing representation and warranty.

16. Indemnity

You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Service and/or the Website, your violation of the Terms, or your breach of any of the representations and warranties herein.

17. Pricing and Damages

YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND PROVIDED ACCESS TO OR USE OF THE WEBSITE AND THE SERVICES, AND/OR ANY CONTENT IN RELIANCE OF THE LIMITATIONS OF LIABILITY, THE DISCLAIMERS OF WARRANTIES AND DAMAGES, THE GENERAL RELEASE, AND THE INDEMNITY SET FORTH HEREIN IN SECTIONS 13-16, AND THAT THE SAME FORM AN ESSENTIAL BASIS UPON WHICH THESE TERMS ARE ESTABLISHED, AND UPON WHICH COMPANY HAS PROVIDED TO YOU ACCESS TO OR USE OF THE WEBSITE, THE SERVICES, AND/OR CONTENT. YOU AGREE THAT THE LIMITATIONS OF LIABILITY, THE DISCLAIMERS OF WARRANTIES AND DAMAGES, THE GENERAL RELEASE, AND THE INDEMNITY SET FORTH HEREIN IN SECTIONS 13-16 WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

18. Enforcement of Rules and Polices

We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of your rights to use our Website. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.

In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, and to cooperate with law enforcement or a court order request, we will cooperate with any such law enforcement or court order request, and we may disclose information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

If at any time we choose, in our sole discretion, to monitor the Website, we nonetheless assume no responsibility to modify or remove any inappropriate content, and we assume no responsibility for the conduct of the user submitting any such content. You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third party advertisers on the Website.

19. User Acknowledgements

Company is not a law firm, the employees of Company are not acting as your attorney, and Company is not a substitute for the advice of an attorney or migration agent. Company cannot provide legal advice and can only provide self-help services at your specific direction. Company does not perform the legal services that an attorney performs, or the immigration assistance that a migration agent performs, and will not provide any kind of explanation, advice, recommendation or opinion to you about your legal rights, options, selection of forms or strategies.

By using the Website to assist your self-representation, you agree to the following:

I realize that Company is not representing me in any legal matter;
No attorney-client privilege is created with Company;
I have been informed of the services that Company is performing, and the cost of these services; and
No governmental entity or authority has evaluated or approved Company’s knowledge or experience, or the quality of Company’s services.

You acknowledge that you may obtain information regarding free or low-cost legal representation through a local bar association or legal aid foundation. Company is not permitted to engage in the practice of law including providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.

The Terms and the relationship between you and Company shall be governed by the laws of the State of Victoria, Australia, without regard to any conflicts of laws principles. Further, you agree that all actions or proceedings arising in connection with your use of the Website and these Terms shall be settled by final and binding arbitration governed by the Rules of Arbitration of the International Chamber of Commerce (ICC Rules) by one (1) arbitrator appointed in accordance with the ICC Rules. The place of arbitration shall be the Isle of Man or such other place as the parties may mutually agree upon in writing and shall be conducted in accordance with this paragraph. Each arbitrator shall be fluent in the English language. The arbitration proceedings shall be conducted in the English language (provided that any person participating in the arbitration may speak through a translator) and all written submissions, awards, and the reasons supporting them shall be in English. The costs of arbitration (including attorneys’ fees and other arbitration costs) shall be borne in the manner determined by the arbitrator, which may require the losing party to pay some or all of the costs of the arbitration, the arbitrator’s fees, and the attorneys’ fees. In the absence of any such determination by the arbitrator, each party shall bear its own attorneys’ fees and costs and an equal share of the costs of the arbitration and the arbitrator’s fees. The award shall be in writing and shall state the reasons supporting such award.

Each party hereby submits to the exclusive jurisdiction of the courts of the Isle of Man in any action, suit or proceeding with respect to the enforcement of the agreement to arbitrate in this, and the non-exclusive jurisdiction of such courts with respect to the enforcement of any award thereunder. Each party agrees not to plead or claim in any court that any such action or proceeding has been brought in an inconvenient forum.

You agree that you may only bring claims against the Company in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and us agree otherwise, the trier of fact may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

In addition, in the event of a breach of these Terms by you, the Company will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies. This provision will not be construed as a waiver of the rights which the Company may have for damages under these Terms or otherwise, and all of the Company’s rights and remedies will be unrestricted.

In order to contact Company regarding a complaint about the Service, please Contact Us.

20. Technical Support Issues

If you encounter a technical problem when attempting to print or otherwise access your completed application, or some other problem you may encounter in attempting to utilize our Service, Company’s customer service representatives may be able to assist you with your problem.

If you contact Company’s customer service representatives and request that your completed application be sent to you, you acknowledge and agree that you are specifically authorizing them to log in to your account to generate your application and then view your application data to ensure that it was generated properly. You further acknowledge and agree that Company is not liable in the event that your application data is somehow misappropriated.

If you contact Company’s customer service representatives and request that a customer service representative remotely control your computer in order to try to resolve your technical problem, you acknowledge and accept that Company is not liable for any technical problems that may persist or arise with your computer after doing so.

21. General Information

The Terms constitute the entire agreement between you and Company and govern your use of the Website and the Service, superseding any prior agreements between you and Company. The exercise of a right partially or on one occasion does not prevent any further exercise of that right in accordance with the terms of this Agreement. Neither a forbearance to exercise a right nor a delay in the exercise of a right operates as an election between rights or a variation of the terms of this Agreement.

The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. The employees of Company are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in a writing signed by an authorized officer of Company. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., Company.

You warrant, represent and agree that, by accessing and/or using of the Website, its Content and/or the Services, you (i) do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms, (ii) have carefully read and considered these Terms and fully understand its contents and the significance of its contents, (iii) are consenting to these Terms of your own informed and free will, based upon such party’s own judgment and without any coercion or fear of retaliation, and (iv) you have been afforded the opportunity to obtain independent legal advice with respect to these Terms.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Company agree otherwise, the trier of fact may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.

Last Updated: September 01, 2021