Terms of Service – MigrationX

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Terms of Service

Welcome to www.migrationx.com.au Website (the “Website”) operated by MigrationX.

This Terms of Service shall be a Legally binding agreement between you the User (‘You’, ‘your’, ‘User’, including all its grammatical Variations) and MigrationX, ‘We’, ‘Our’, ‘Us’, with all its grammatical variations) and this Terms of services shall be construed to be in absolute compliance with all the statutory or other laws dealing with digital contracts and hence don’t need a physical signature.

These Legal Terms of Service (the “Terms of Service”, or “User Agreement”, or “Terms”, or “Agreement”) as set forth herein, are legally binding terms and Conditions for your use of the Website migrationx.com.au (the “Website”), all of the content, applications, products and services offered from time to time by, on or through the Website www. migrationx.com.au (collectively the “Services” and all of its content, applications, products and services offered from time to time, including any content, materials, products or services which are delivered to you via email or other form of delivery, are referred to herein as the “Services”). By ACCESSING, VISITING AND/OR using the Services and regardless of whether you have registered for an account, you agree to be legally bound by these Terms of Service, the Privacy Policy, Cookie Policy, and any other policy which is contained on the Website, each of which is incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS, VISIT OR USE THE WEBSITE.

In addition to complying with these Terms and Conditions, you agree to comply with any and all applicable laws with respect to your use of the Website. By accessing, visiting and/or using the Website, you acknowledge that you have read, understand and agree to be bound by these terms and conditions.

You acknowledge and agree that we may amend this Agreement at any time, and from time to time, by posting the amended terms on our website. Unless, and only to the extent, expressly stated to the contrary herein, all amended terms and conditions shall automatically be effective on a prospective basis once they are posted on our Website. Accordingly, you are encouraged to periodically review our terms of use for any such changes and/or amendments.

SERVICES, ACCESSIBILITY, AND CONSENT:

Through the Website, MigrationX provides users with access to information primarily about visas and shall aim to provide links which will redirect the users to the websites of third-party insurance service providers, where the users can purchase the Insurance products that suits their requirements (the “Service”). In the absence of a linked source, MigrationX offers provisions to purchase specific insurance policies from a third-party insurance provider through the Website directly. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. By making use of this Website, and furnishing your personal / contact details, you hereby agree that you are interested in availing and purchasing the Service(s) that you have selected. You hereby agree that MigrationX may contact you either electronically or through phone, to understand your interest in the selected products and Service(s) (like renewals, reminders etc.) and to fulfill your demand. You also agree that MigrationX reserves the right to make your details available to its affiliates and partners and you may be contacted by the affiliates and partners for information through email, telephone and/or message. You agree to receive promotional materials and/or special offers from MigrationX through email or SMS.

ELIGIBILITY:

The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by MigrationX for any reason. If you do not qualify, you may not use the Service or the Website.

LICENSE:

MigrationX grants you a limited license to access and make personal use of the Website and the Services. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any Content available through the Website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in MigrationX sole discretion) an unreasonable or disproportionately large load on MigrationX’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by MigrationX to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by MigrationX. By using the Website you agree not to:

• use this Website or its contents for any commercial purpose;
• make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
• access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
• take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

ACCOUNT:

In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction and will only use the Website to make legitimate purchases for you or for another person for whom you are legally authorized to act (and will inform such other persons about these Terms and/or Privacy Policy) that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MigrationX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MigrationX has the right to suspend or terminate services and refuse any and all current or future use of the Website (or any portion thereof). MigrationX reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Website and the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms or Privacy Policy. You agree to abide by the terms and conditions of purchase imposed by any service provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding use of products, and/or Services. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your purchase(s), in your being denied access to the applicable service(s), in your forfeiting any monies paid for such Services, and/or in our debiting your account for any costs we incur as a result of such violation.

WARRANTY AND DISCLAIMER:

The Content, Products, and Services Published on this Website may include inaccuracies or errors, Including Pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and services. We expressly reserve the right to correct any pricing errors on the Website and/or on pending reservations made under an incorrect price. MigrationX makes no representation about the suitability of the information, Software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services. All such information, software, products, and services are provided “AS IS” without warranty of any kind. MigrationX disclaims all warranties and conditions that this Website, its services or any email sent from MigrationX, its affiliates, and/or their respective or associated service providers are free of viruses or other harmful components. MigrationX hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The service providers providing services on this Website are independent affiliates and MigrationX are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefore. MigrationX and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority. In no event shall MigrationX and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked Websites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if MigrationX and/or its affiliates, their respective service providers have been advised of the possibility of such damages.

SUBMITTED CONTENT:

MigrationX does not claim ownership of any materials you make available through the Website. At MigrationX sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials, you submit or make available for inclusion on the Website, you grant MigrationX a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website:

• any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
• any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
• any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.

ADDITIONAL DISCLAIMER:

In addition to the other disclaimers and limitations discussed in this notice, there are no guarantees and no warranties regarding online availability, impressions, and click-through of www.

migrationx.com.au, its web pages, and any material, information, links, or content presented on the web pages at www.migrationx.com.au, its web pages, and any material, information, links, or content presented on the web pages at www. migrationx.com.au, may be unavailable for online access at any time. Advertising sponsors and advertising, if any and if permitted, must be approved by MigrationX before the posting of any advertising material, information, links, content, banners, and graphics on migrationx.com.au. MigrationX reserves the right to accept or to reject any advertising sponsor or any advertising for any reason.

APPLICABILITY OF LAW, CONTROL, AND DISPUTE RESOLUTION:

MigrationX controls and operates this Website from its headquarters in Melbourne, Victoria, Australia and makes no representation that the materials on the Website are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

LIMITATION OF LIABILITY:

You expressly understand and agree that MigrationX and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MigrationX has been advised of the possibility of such damages), resulting from use of the Website, content or any related services. If, despite the limitation above, MigrationX or its Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of MigrationX and/or Its Affiliates will in no event exceed, in the aggregate, the greater of the service fees you paid to MigrationX in connection with such transaction(s) on this Website, or 5 Australian Dollars.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of MigrationX, Its affiliates, and/or their respective service providers.

CUSTOMER DUE DILIGENCE:

You agree and acknowledge that for undertaking any financial transaction through the Website, Our Company may undertake client/customer due diligence measurers and seek mandatory information required for verification and identification of the User. Our Company may obtain sufficient information to establish, to its satisfaction or the insurance company, the identity of each new customer, and the purpose of the intended nature of insurance relationship between you and the insurance company(ies). You agree and understand that you shall ensure that any payment towards insurance policy is remitted only through your bank account or from a joint bank account in which you are a joint holder. You also agree and understand that by purchasing and paying for a policy via this Website, you warrant you are the authorised holder of the credit card used for payment and/or have express consent of the authorised credit card holder to make the relevant purchase and payment. In the event, payment towards insurance purchase is remitted through a bank account opened in the name of a third party (i.e., not being in your name), you agree and acknowledge that Our Company can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements.

INDEMNITY:

You agree to indemnify and hold MigrationX (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms, your violation of any law or the rights of a third party, or your use of the Website.

NOTICES AND COMMUNICATIONS:

When you use the Website or send emails to MigrationX, you are communicating with MigrationX electronically. You consent to receive communications from MigrationX electronically. MigrationX may communicate with you by email or by posting notices on the Website or by phone or usually available means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LINKS:

The Website or third parties may provide links to other World Wide Web Websites or resources. Because MigrationX has no control over such Websites and resources, you acknowledge and agree that MigrationX is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Websites or resources. You further acknowledge and agree that MigrationX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or resource.

TRADEMARKS:

The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of MigrationX and other associated parties and service providers. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Websites on the World Wide Web without the written permission of MigrationX or such third party which may own the Marks. All information and content including any software programs available on or through the Website (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes.

SPECIFIC CONDITIONS OF SERVICE:

MigrationX provides visa consultancy and advice for all countries, like the United States, Canada, Dubai etc. but for Australia we only provide the visa application services like translating the information on the Home Affairs website and conveying the correct meaning of those points in detail. Helping out as an authorized recipient by filling in the application form or helping you to fill in the application form. No extra comments or details should be provided by us to what is already on the www.homeaffairs.gov.au website. It is your duty to select which visa is suitable for you and which category is suitable as per your needs. You should consult the MARA registered agent if you need any migration advice. According to Australian Law (Ref. Form 956 Appointment of a registered migration agent, legal practitioner or exempt person – Page 1)

‘Immigration assistance does not include simply filling in an application form, translating or interpreting or passing on information about an application without comment or explanation’.

GENERAL:

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should Endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This Terms and the relationship between you and MigrationX will be governed by the laws of the Australia without regard to its conflict of law provisions. You and MigrationX agree to submit to the personal jurisdiction of the courts located in Victoria, Australia with respect to any legal proceedings that may arise in connection with these Terms. The failure of MigrationX to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. MigrationX does not guarantee it will take action against all breaches of these Terms. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. These Terms constitutes the entire agreement between you and MigrationX and governs your use of the Website, superseding any prior agreements between you and MigrationX with respect to the Website.

TERMS AND CONDITIONS OF APPOINTMENT

Your appointment will be 30 mins maximum; this time may vary at the discretion of MigrationX You must ask any questions you have during your appointment. We will not be able to reply to your queries once your appointment is over. Your circumstances related to your immigration status will always be changing due to changing migration policies and you must book another appointment with us next time you want to talk to us if you have not started any visa process with us.

At MigrationX, our phone lines are busy and it is impossible for us to be available for you to answer your queries. If you try to defame us posting a review on any online platform for the reason, we could not take your call to answer your queries after your appointment, the matter will be considered serious and dealt with legally. However, if you have any feedback or complaint regarding our services, please use the feedback button on our website and we will try to resolve the issue in 7 business days. At MigrationX we are always happy to assist you, but we appreciate your patience and support when booking an appointment.

If you have any questions feel free to contact us.

MigrationX

Contact: [email protected]

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