Terms and Conditions

NEO PHOENIX Pty Ltd (owner of website URL www.myaustralianvisa.com) provides migration advice and assistance services to paid clients only subject to the following terms and conditions.The purchase of any services from www.myaustralianvisa.com is conditional upon accepting these terms and conditions.

DEFINED TERMS

"Client" or "you" or "your" means the individual visiting www.myaustralianvisa.com

"GST" means any goods and services tax or similar tax imposed by the Commonwealth of Australia under the A New Tax System (Goods and Services Tax) Act 1999.

"Online Visa Centre" means the secure online system managed by www.myaustralianvisa.com which allows Clients to enter and update their personal information and access our Service from any computer with internet access.

"www.myaustralianvisa.com" means the website MY AUSTRALIAN VISA.com which is owned and operated by Neo Phoenix Pty Ltd "Profile" means the information provided by the Client about the Client and, if applicable, about the Client's family.

"Service" means any of the services provided by www.myaustralianvisa.com. A detailed description of the service (s) which you have purchased can be found at www.myaustralianvisa.com.

"Terms" means these terms and conditions.

"Working Days" means Australian business days, excluding National or State Public Holidays.

"Website" means http://www.myaustralianvisa.com

PRIVACY

Please review our Privacy Policy, which also governs your visit to www.myaustralianvisa.com, to understand our privacy policy.

LICENSE AND SITE ACCESS

www.myaustralianvisa.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of www.myaustralianvisa.com.

This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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 site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of www.myaustralianvisa.com.

You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.myaustralianvisa.com without express written consent.

You may not use any meta tags or any other "hidden text" utilising www.myaustralianvisa.com's name or trademarks without the express written consent of www.myaustralianvisa.com. Any unauthorised use terminates the permission or license granted by www.myaustralianvisa.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.myaustralianvisa.com so long as the link does not portray www.myaustralianvisa.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

You may not use any www.myaustralianvisa.com logo or other proprietary graphic or trademark as part of the link without express written permission.

ELECTRONIC COMMUNICATIONS

When you visit www.myaustralianvisa.com, send e-mails to us or by communicating via the Online Visa Centre, 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 uploading documents to your Online Visa Centre.

If a Client does not respond to any communication related to the provision of the Service within two (2) working days, such failure will be deemed as the Client's express consent to prepare the Service based on information previously provided by that Client.

www.myaustralianvisa.com reserves the right not to respond to any query which is not sent through the Ask an Agent facility.

You can elect to discontinue all future correspondence from www.myaustralianvisa.com at any time by selecting the "Unsubscribe" link www.myaustralianvisa.com/unsubscribe.php.

www.myaustralianvisa.com will not be responsible for any loss of data or immigration advice resulting from the Client selecting to unsubscribe their details.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of www.myaustralianvisa.com or its content suppliers, and is protected by Australian and international copyright and trademark laws. The compilation of all content on this site is the exclusive property of Www.myaustralianvisa.com and protected by Australian and international copyright laws. All software used on this site is the property of www.myaustralianvisa.com or its software suppliers, and is protected by Australian and international copyright laws.

Any breach of copyright will be prosecuted.

YOUR ACCOUNT

Users are responsible for maintaining the confidentiality of your login and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your login or password.

When accessing the Online Visa Centre, you are required to enter your login and password from the www.myaustralianvisa.com Homepage or Client login page.

Access to your Online Visa Centre is protected by login and password. To ensure you are the only person that knows your personal access information, all access to your login information should not be written down or accessible to other persons, even if you believe it is disguised. Do not disclose your password to anyone, including family members or friends.

www.myaustralianvisa.com will not be held responsible for any access gained by third parties to your Members Area or Online Visa Centre, whether the login details were provided by you or were otherwise obtained.

www.myaustralianvisa.com does not provide advice or assistance services to children under the age of 18 years, but it sells them to adults, who can purchase with a credit card. www.myaustralianvisa.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

AUSTRALIAN VISA ONLINE ASSESSMENT

The Online Assessment is a free online assessment completed on www.myaustralianvisa.com, which has been specifically designed to provide you with a preliminary assessment of your ability to satisfy the Australian visa criteria for your selected visa type. You should not rely on this result alone as a true indication of your ability to apply for migration to Australia.

If you wish to obtain a realistic assessment of your eligibility for migration to Australia, you should complete the Australian Visa Online Assessment and Australian Visa Online Consultation and purchase an advice or assistance service prepared by a Solicitor or Registered Migration Agent.

AUSTRALIAN VISA ONLINE CONSULTATION

The Australian Visa Online Consultation is designed to gather additional information about you to assist us in providing you with a personalised Service. As these questions may not be exhaustive, Clients are advised to use the "Other Comments" section of the Online Consultation to set out further information which may be relevant. Matters of a non-migration nature (such as housing, employment opportunities, etc.) will be disregarded. In addition, users who purchase an advice or assistance service, and thus become a client, are also requested to email their resume.

PROVISION OF ADVICE OR ASSISTANCE SERVICES

Due to industry regulations we cannot provide any detailed advice on an assessment of visa eligibility or information until a website user becomes a client by purchasing one of our services.

Upon completing an Online Assessment and Online Consultation, you are able to purchase an advice or assistance service offered by www.myaustralianvisa.com Upon payment, the Service will be delivered to you within the time frame provided for in the Service description. However, in certain cases the delivery time may take longer, depending on the complexity of the Client's Profile and whether or not requests for further information have been complied with.

While we aim to provide accurate information on this website, www.myaustralianvisa.com cannot accept responsibility for any errors or omissions. Australian migration law is constantly changing and therefore it pays to have a professional assessment of your visa eligibility and advice accordingly.

General Information Only, Not Advisory

The information provided on the www.myaustralianvisa.com web site is not intended to be Australian immigration advice. Many factors unknown to us may affect the applicability of any content on the www.myaustralianvisa.com web site to your particular circumstances.

www.myaustralianvisa.com uses reasonable care in compiling and presenting the information found on this web site, it is provided purely for informative purposes and you are encouraged to seek additional guidance from our Registered Migration Agent and/ or make independent enquiries before relying upon it.

The information included in this web site has been compiled from a variety of sources and is subject to change without notice. As application forms, fees and criteria are subject to change without notice, you may also wish to refer to the official Department of Immigration & Multicultural & Indigenous Affairs website (www.immi.gov.au) should you seek verification of any information contained within this website.

No Warranties

www.myaustralianvisa.com makes no representation that it can guarantee the approval of any visa application, which can only be given by the Australian Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) or any diplomatic post authorized by the Australian government.

www.myaustralianvisa.com makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, adequacy, suitability or operation of this web site, or of the information it contains, nor that has this information necessarily been verified by the www.myaustralianvisa.com.

Such information is provided "as is" without warranty or condition of any kind. The www.myaustralianvisa.comweb site may include inaccuracies or typographical errors.

Accordingly, www.myaustralianvisa.com assumes no responsibility for information contained in this site and disclaims all liability arising from negligence or otherwise in respect of such information and by using this web site you assume the risk that the information on this web site may be incomplete, inaccurate, out of date or may not meet your requirements.

ELECTRONIC TRAVEL AUTHORITY (ETA)

Upon completing the ETA application form provided on http://www.myaustralianvisa.com/eta_home.php, your request for an ETA will be processed within 1 working day. Your ETA grant is subject to approval from the Australian Government's Department of Immigration & Multicultural & Indigenous Affairs. In the event that additional information is required to process your application, we will contact you via the details provided by you in your ETA Visa Application. Please note that if you do not respond to any requests we submit for further details, your ETA application will not be processed and your payment will be refunded within 48 hours.

ASK AN AGENT

Upon purchasing the ASK AN AGENT Service, clients are permitted to submit migration-related questions specific to their profile via the email link in their Online Visa Centre.

A Registered Migration Agent will reply to your query within four (4) working days of receiving the question. In some cases, it may take longer (than the four (4) working days), depending on the nature of the question.

www.myaustralianvisa.com reserves the right not to respond to questions that:

relate to non-migration matters; or
are not submitted in English; or
are not related to the Client's Profile; or
are not appropriate.

If multiple questions are submitted in one session, www.myaustralianvisa.com reserves the right to request that the Client resubmit the questions separately, or to limit the amount of questions asked in a 24-hour period.

In the event that the Client wishes to purchase an additional subscription to the ASK AN AGENT Service, this can be done via the homepage:

1. US$89 for 7 questions.

PAYMENT OF SERVICE

Prior to providing any one of our Services a website user must pay the associated fees as displayed on the Services page www.myaustralianvisa.com/services_and_products.php

The fees cover professional fees in relation to analysis of your Assessment and Consultation and research of The Migration Act 1958, The Migration Regulations 1994 and the Policy Manuals used by DIMIA case officers to assess your case. The fees also cover time in formulating, preparing and presenting our advice, in addition to overheads related to the website and office.

The professional service fees do not cover any other costs associated with the immigration process, including visa application charges (payable to DIMIA), English language tests, skill & medical assessments, etc. Please note that as www.myaustralianvisa.com is not in any way responsible for these fees, you must pay them directly to the relevant authority.

Payments made in Australia (on-shore) will be subject to 10% GST.

All prices displayed and products and services offered by Www.myaustralianvisa.com are subject to change without notice.

REFUND POLICY

As soon as payment is received, the Client is deemed to have engaged the Service of www.myaustralianvisa.com. As such, payments are non-refundable.

www.myaustralianvisa.com offers neither refund nor return on any services.

Cancellation must be made prior to commencement of any work.

Our Registered Migration Agent complies with the Migration Agents Registration Authority (MARA) Code of Conduct.

www.myaustralianvisa.com provides honest assessment and advice, even where this includes negative feedback. It may be that as a consequence of reading our advice that a client decides not to go ahead with any visa application, indirectly saving a significant amount of time, money and frustration.

Visa Approval can only come from the Department of Immigration (DIMIA). Therefore, naturally we cannot make any guarantee of success of any visa application.

However our written advice is reasonable and based on our analysis of a client's profile (using information provided in client's Online Assessment, Online Consultation and CV/Resume) and assessed according to current Migration Laws and Regulations as well as appropriate Skills Assessing body information and guidelines.

Migration Law is in an area of constant flux and therefore we cannot be held responsible should laws or policies be changed and adversely affect a client's position. We do however update clients at all times of material changes which may effect or alter advice given.

Any advice is current as of date of publish.

GUARANTEE OF VISA

Only the Department of Immigration and Citizenship (DIAC) has the power to issue a visa. We provide professional migration advice and assistance to people who want to migrate to Australia. We do not have the power to issue visas. The final decision on all visa applications rests with the Department of Immigration and Citizenship (DIAC).

INFORMATION PROVIDED BY THE CLIENT

www.myaustralianvisa.com will use and rely on information provided by the Client in the provision of the Service without having independently verified or assumed responsibility for the accuracy or completeness of such information. Accordingly, the information provided by the Client must be correct, including contact details such as e-mail, etc. If the information provided by the Client is not correct, the Service may not be accurate.

Such information is provided "as is" without warranty or condition of any kind. The www.myaustralianvisa.com web site may include inaccuracies or typographical errors.

Any advice provided to you should not be used by any third party as each case can vary 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.

The Service also takes into account current and publicly available Australian migration legislation and policy. www.myaustralianvisa.com cannot be held responsible for any inaccuracy arising from changes to such legislation and policy which are not publicly available at the time the Service is provided or which may occur after the Service has been provided to the Client.

The Client is encouraged to seek additional guidance from our Registered Migration Agent and/or make independent enquiries before relying on the information provided as part of the Service.

In order to maintain professional integrity, www.myaustralianvisa.com specialises in providing Australian migration advice only. www.myaustralianvisa.com cannot offer any advice regarding taxation, business, education or investment advice. Any information provided by employees of www.myaustralianvisa.com on non-migration related matters should only be interpreted as general information and the Client should obtain professional advice regarding these matters.

TERMINATION OF SERVICE

www.myaustralianvisa.com reserves the right to terminate this agreement, your website membership or ability to have full or partial access to this website and/or any other service provided to you by us for any reason, including any improper use of this site; provision of false or misleading information; or your failure to comply with these terms and conditions.

PROFESSIONAL CONDUCT

Under Australian law, anyone who wishes to provide migration advice or assistance must be registered with the Migration Agents Registration Authority (MARA) as a Registered Migration Agent. www.myaustralianvisa.com confirms that it is operated by an agent registered with MARA which is responsible for administering the Code of Conduct.

The 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 Agents Regulations 1998. To view the Code of Conduct please click here.

REGULATION OF MIGRATION AGENTS

A copy of the Information on the Regulation of the Migration Advice Profession can be found on the www.myaustralianvisa.com website. To view the Information on the Regulation of the Migration Advice Profession please click here.

The client acknowledges that they have had access to and the opportunity to read this document in full prior to making any payment to www.myaustralianvisa.com.

DISPUTES

Any dispute related in any way to your visit to www.myaustralianvisa.com or service you purchase through www.myaustralianvisa.com shall be submitted to confidential arbitration in Melbourne, Australia.

Arbitration under this agreement shall be conducted in accordance with the procedure adopted by the Australian Centre for International Commercial Arbitration (ACICA). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

In the event that you have in any manner violated or threatened to violate www.myaustralianvisa.com's intellectual property rights, www.myaustralianvisa.com may seek injunctive or other appropriate relief in any state or federal court in the state of Victoria, Australia and you consent to exclusive jurisdiction and venue in such courts.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

www.myaustralianvisa.com is provided "as is" without warranty or condition of any kind.

Users / Clients expressly agree that they use this site at their own risk.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WWW.MYAUSTRALIANVISA.COM DISCLAIMS ALL WARRANTIES. WWW.MYAUSTRALIANVISA.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WWW.MYAUSTRALIANVISA.COM ARE FREE OF ERROR, VIRUSES OR OTHER HARMFUL COMPONENTS. WWW.MYAUSTRALIANVISA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

To the extent that liability cannot be excluded, the liability of www.myaustralianvisa.com, its directors, officers, employees, and consultants is limited to the cost of the service www.myaustralianvisa.com provides to the Client.

To the greatest extent possible by law, the Client must indemnify and hold harmless www.myaustralianvisa.com, its officers, employees, agents and related companies (Indemnified Persons) against all Liabilities (including legal costs on a full indemnity basis) incurred by the Indemnified Person in connection with the provision of the Service by www.myaustralianvisa.com, except the Liability arising from the negligence or default of any of the Indemnified Persons.

GOVERNING LAW

This agreement shall be governed by the laws of Victoria, Australia. The Courts of Victoria shall have exclusive jurisdiction to settle any disputes (including claims of set-off and counterclaims) in connection with this Agreement.

GENERAL

No person has been authorised to give any representations on behalf of www.myaustralianvisa.com 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.

www.myaustralianvisa.com 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.

PRIVACY AND RELEASE OF INFORMATION

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

www.myaustralianvisa.com may use and disclose a website user's / client'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, www.myaustralianvisa.com will disclose a website user's / 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 www.myaustralianvisa.com holds about them by contacting Support on This e-mail address is being protected from spambots. You need JavaScript enabled to view it A fee may be charged for providing access and www.myaustralianvisa.com 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 a written consent authorising us to do so.