Terms and Conditions

These Terms and Conditions apply whenever you access the migration area of VISAFAQ website, regardless of how or where you access the website.

Access to VISAFAQ migration services web space and the purchase of any service/s from the site 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 VISAFAQ.

1. Terms of Use

Defined Terms

“Client” or “you” or “your” or “their” means the individual visiting this Website

“We” or “our” means VISAFAQ or any associated entity.

“Profile” means the information provided by the Client about the Client and, if applicable, about the Client’s family for migration purposes.

“Service” means the migration advisory services provided by VISAFAQ.

“Terms” mean these terms and conditions.

“Working Day” means a day on which banks are open for business in Sydney, Australia.

“Website” means VISAFAQ.com.au

Privacy

Please review our Privacy Policy below, which also governs your visit to VISAFAQ website and engagement of our services.

Licence and Website Access

VISAFAQ grants you a limited licence to access and make personal use of this site. You are prohibited from downloading, or modifying any portion of it, except with express written consent of VISAFAQ. This license does not permit 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 VISAFAQ.

You may not enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VISAFAQ without express written consent. You may not use any meta tags or any other “hidden text” utilising our name without our express written consent. Any unauthorised use terminates the permission or license granted by VISAFAQ.

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, is the property of VISAFAQ 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 VISAFAQ and protected by the laws which apply in the countries we operate in and international copyright laws.

Disclaimer of Warranties and Limitation of Liability

This website is operated by VISAFAQ on an “as is” and “as available” basis. VISAFAQ 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, VISAFAQ disclaims all warranties. VISAFAQ does not warrant that this website, its servers, or e-mail sent from VISAFAQ are free of error, viruses or other harmful components. VISAFAQ.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 VISAFAQ, its directors, officers, employees, and consultants is limited to the cost of the service VISAFAQ provides to the Client.

To the greatest extent possible by law, the Client must indemnify and hold harmless VISAFAQ, 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 services, except the Liability arising from the negligence or default of any of the Indemnified Persons.

2. Terms of Service

Communications

When utilising our site, sending of e-mails to us via contact forms or client area communications, 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 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 will prepare the Service based on the information previously provided by you.

Visa Assessment

The Visa Assessment is a free questionnaire which is completed on our Website. It has been specifically designed to provide you with a preliminary assessment of your ability to satisfy the Visa criteria for your selected visa/permit type. You should not rely on this result alone as a true indication of your ability to apply for migration.

If you wish to obtain a realistic assessment of your eligibility for migration, you should complete both the Visa Assessment and follow up Interview. Once you have completed these steps, you can elect to engage one of our consultants to act on your behalf OR purchase a service prepared by one of our consultants to allow you to self-manage the application process.

Post Assessment Interview

The follow up interview is designed to gather additional information about you to assist us in providing you with a personalised Service. It is recommended that you use the “Your Comments” section of the Interview to set out further information which may be relevant. Matters of a non-migration nature (such as housing, employment opportunities, etc.) will be disregarded.

Information Provided by the Client

VISAFAQ will use and rely on information provided by you, the client, in the provision of services. We will not independently verify or assume responsibility for the accuracy or completeness of such information. Accordingly, the information provided by you must be correct, including date of birth, qualifications and work history, contact details, etc. If the information provided by you is not correct, the service may not be meet with success and you may be liable to prosecution under Australian Immigration Law for the provision of fake or bogus documentation.

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 engaging our services, we will endeavour to have the service delivered to you within the time frame provided for in the service agreement. However, in certain cases this may take longer, depending on the complexity of your case and specific requirements.

The service also takes into account current and publicly available immigration legislation and policies. VISAFAQ 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 you.

VISAFAQ can offer taxation, business, education or investment advice either in-house or under contract to other service providers. Fees and scope of services will be agreed upon with the client on ‘as needs’ basis’.

Professional Conduct

Our migration professionals are registered with the Office of Migration Agents Registration Authority (MARA). This regulatory body authorises them to provide immigration and visa advice in to persons wishing to migrate to or gain citizenship in Australia. Under Australian law, a person who wishes to operate as a migration agent must be registered with the MARA.

MARA’s Code of Conduct is intended to regulate the conduct of migration agents. Among the requirements of the Code, is the ability of agents 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 visit the MARA website at www.mara.gov.au. The client acknowledges that they have had access to and the opportunity to read this document in full prior to making any payment to VISAFAQ.

Guarantee of Visa

VISAFAQ is not affiliated nor purports to be affiliated with the Australian government and as a private company does not have the authority to grant a visa of any kind to any person or entity. We can only assist and advise people who want to migrate or travel to Australia or take out citizenship. Please note that the final decision on all visa applications rests with the Department of Immigration and Citizenship (DIAC).

Fees Payable

Any fees paid to VISAFAQ are for the provision of service entered into by way of service agreement. 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 and disbursements which are part of the migration process such as DIAC application fees, skills assessment bodies or health and police checks, 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 services fees are deemed earned once paid and services performed as per the terms of the service agreement. The client agrees that the service fees will be deposited into the Client Account to be held in escrow immediately upon receipt and held until invoice to for services completed has been issued to the client. Thereupon client funds are released to VISAFAQ operational account.

Refund Policy

Once payment is received, the client is deemed to have engaged the services of VISAFAQ. 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.

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 to make arrangements with your bank or credit provider to have the funds transferred.

Termination of Service

VISAFAQ reserves the right to terminate this agreement at any time. VISAFAQ 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

VISAFAQ 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. All such written complaints will be acknowledged in writing. Upon receipt of the complaint, your consultant will contact you in the next 2 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 client is genuine.

Privacy and Release of Information

VISAFAQ is bound by the Privacy Act 1988 (Cth) (Privacy Act). Accordingly, VISAFAQ takes reasonable steps to protect personal information (as defined under the Privacy Act) collected by our consultants from misuse and loss and from unauthorised access, modification or disclosure.

VISAFAQ 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, VISAFAQ 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 VISAFAQ holds about them by sending a request in writing. A fee may be charged for providing access and we 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.

General

No person has been authorised to give any representations on behalf of VISAFAQ 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.

VISAFAQ 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.

3. Privacy Policy

By visiting VISAFAQ, you are accepting the practices described in this Privacy Policy.

Personal Information

The information collected from clients is required in order to provide the personalized migration services.

Information You Give Us:

We receive and store any information you enter on our Website or give us in any other way. If you choose not to provide certain information this may affect the level of service you receive.

Automatic Information:

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide information such as the country and region you are accessing our Website from, duration of your visit, etc.

Sharing

We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can divulge the identity of our clients.

We share customer information only as described below:

Agents: We employ other companies and individuals to perform functions on our behalf. Examples include processing credit card payments, and providing customer service; fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links). They have access to personal information needed to perform their functions, but may not use it for other purposes.

Protection of VISAFAQ and Others: We release account and other personal information when collection is required by law or when the information is necessary for the establishment, exercise or defence of a legal claim.

VISAFAQ may use and disclose the client’s (and if applicable, their 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 VISAFAQ will disclose the client’s personal information with expressed or implied consent for the following purposes:

to conduct their business, including billing and account management;

to communicate with the client;

to comply with their legal obligations; and

to help them manage and improve their services

VISAFAQ may disclose the Client’s personal or sensitive information (as defined in the Privacy Act):

to regulatory authorities;

where the law requires us to do so; and

where the Client consents for us to do so.

Security

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. Our customer information is stored in high capacity servers located in a state-of-the-art data centre which boasts the following security measures:

Security Guards are on duty to monitor all access points to the building.

Security cameras continually monitor the entire facility.

Monitored alarms on all ingress points.

Card access technology tracks and records all door entry and exit transactions.

All visitors are required to be identified with Photographic Identification, and are escorted by staff at all times.

Conditions of Use, Notices, and Revisions

Use of this Website is subject to the Terms & Conditions. Any concerns should be addressed to enquiries@visafaq.com.au.

If a client wishes to review or make corrections to their contact information, they can do so at any time.

Our Privacy Policy and the Terms & Conditions may change from time to time. Clients should check our Website frequently to see any recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you.

Links

This Website contains links to other sites. Please be aware that we 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.

Intellectual Property Claims (DMCA, Trademark Infringement)

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA)

VISAFAQ.com’s content is based on User Generated Content (UGC). VISAFAQ does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. VISAFAQ looks into reported violations and removes or disables content shown to be violating third party rights.

In order to allow us to review your report promptly and effectively, a copyright infringement notice (“Notice”) should include the following:

Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to
Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered
Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate
A short description of how our user(s) allegedly infringe(s) your copyright(s)
Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the GIG® url, a link to the deliverable provided to a user, etc.
Your complete name, address, email address, and telephone number.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
Your electronic or physical signature

You can send your Notice to our designated DMCA Agent at:

VISAFAQ
Attention: DMCA Agent

You can submit the Notice electronically info@visafaq.com.au.

Note that we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable laws.

If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under relevant jurisdictional laws under the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our DMCA agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the relevant courts in your local judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under relevant laws.

TRADEMARK INFRINGEMENT

VISAFAQ’s content is based on User Generated Content (UGC). VISAFAQ does not check user uploaded/created content for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark, you should follow the process below. VISAFAQ looks into reported violations and removes or disables content shown to be violating third party trademark rights.

In order to allow us to review your report promptly and effectively, a trademark infringement notice (“TM Notice”) should include the following:

Identification of your trademark and the goods/services for which you claim trademark rights
Your trademark registration certificate and a printout from the pertinent country’s trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
A short description of how our user(s) allegedly infringe(s) your trademark(s)
Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the GIG® url, a link to the deliverable provided to a user, etc.
Your complete name, address, email address, and telephone number.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner
Your electronic or physical signature

You can send your Notice to:

VISAFAQ
Attention: Trademark Complaints
Info@visafaq.com.au

Note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable law.

REPEAT INFRINGERS

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Intellectual Property Claims (DMCA, Trademark Infringement)

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA)

In order to allow us to review your report promptly and effectively, a copyright infringement notice (“Notice”) should include the following:

Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to
Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered
Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate
A short description of how our user(s) allegedly infringe(s) your copyright(s)
Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the GIG® url, a link to the deliverable provided to a user, etc.
Your complete name, address, email address, and telephone number.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
Your electronic or physical signature

You can send your Notice to our designated DMCA Agent at:

VISAFAQ
Attention: Trademark Complaints
Info@visafaq.com.au

COUNTER-NOTIFICATION PROCEDURES

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the relevant court for the judicial district in which your address is located (or for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

TRADEMARK INFRINGEMENT

VISAFAQ ‘s content is based on User Generated Content (UGC). VISAFAQ does not check user uploaded/created content for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark, you should follow the process below. VISAFAQ looks into reported violations and removes or disables content shown to be violating third party trademark rights.

In order to allow us to review your report promptly and effectively, a trademark infringement notice (“TM Notice”) should include the following:

Identification of your trademark and the goods/services for which you claim trademark rights
Your trademark registration certificate and a printout from the pertinent country’s trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
A short description of how our user(s) allegedly infringe(s) your trademark(s)
Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the GIG® url, a link to the deliverable provided to a user, etc.
Your complete name, address, email address, and telephone number.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner
Your electronic or physical signature

You can send your Notice to:

VISAFAQ
Attention: Trademark Complaints
Info@visafaq.com.au

REPEAT INFRINGERS

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

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