Terms of Service
TERMS OF SERVICE
These are the Terms and Conditions under which MY AUSTRALIAN VISA.com via any Registered Migration Agent under its employ or control provides the following online consulting services - the Level 1 Service and the Ask An Agent Service.
Individual Client /Agent agreements with further terms and conditions apply to Level 2 and Level 3 Services as only clients who have first been assessed by a Registered Migration Agent via the Level 1 Service as having a reasonable prospect of success may be able to use these services.
You should also have regard to the general Terms and Conditions of Use of the MY AUSTRALIAN VISA.com website.
You agree to pay in full the appropriate fees for the applicable online consulting services.
Please note that by making a payment and engaging MY AUSTRALIAN VISA.com's Registered Migration Agent, Mr. Andre Congiu, Registered Migration Agent Number 0319022 to provide you with Australian migration advice and assistance via the Level 1 Service or the Ask An Agent Service you are confirming that you understand and agree to the following terms and conditions.
Glossary of Terms
Agent - means Mr. Andre Congiu, Registered Migration Agent Number 0319022 and/or Mrs. Teresa Morfuni Registered Migration Agent Number 0848853 as applicable to the Service and that is appointed to your case.
Business day - means 9.30 a.m. to 5.30 p.m. on Monday to Friday, excluding any gazetted Australian public holidays.
Client ('You') - means a Registered User of the MY AUSTRALIAN VISA.com Website (http://www.myaustralianvisa.com) who has made a payment for the provision of Australian immigration advice via the Level 1 Service or the Ask An Agent Service.
DIAC - means the Australian Department of Immigration and Citizenship.
OMARA - means The Office of the Migration Agents Registration Authority.
Online Consulting Services - means the Level 1 Service and the Ask An Agent Service.
Online Visa Centre - means the online account centre for Registered Users and Clients from which access to the Level 1 Service and Ask An Agent Service are provided in addition to other Settlement Services. A login and password are required to enter same.
Registered User - means a visitor to the website who has completed an Online Assessment and Online Consultation and thus supplied their valid email address in order to create an online account with a login and password.
Service/Services - means the service which you request the Agent to provide via the Website includes the Level 1 Service and the Ask An Agent Service.
Website Visitor - means any person who views any of the web pages on the MY AUSTRALIAN VISA.com website (http://www.myaustralianvisa.com)
MY AUSTRALIAN VISA.com reserves the right to alter the Service from time to time. A current description of the Level 1 Service and Ask An Agent Service may be found in the appropriate Services page.
Online Assessment - means MY AUSTRALIAN VISA.com's proprietary, secure online assessment tool which allows both Clients and Registered Users to enter and update their personal information, and access our automated visa assessment via the World Wide Web.
The Online Assessment is a guide only and should not be relied upon as the basis of determining your visa eligibility. Please see the Online Assessment Disclaimer. In order to have your visa profile assessed by Mr. Andre Congiu, Registered Migration Agent Number 0319022 and/or Mrs. Teresa Morfuni Registered Migration Agent Number you will need to complete the Online Assessment and Online Consultation for the visa type you are interested in and make payment for the applicable Level 1 Service.
Online Consultation - means MY AUSTRALIAN VISA.com's proprietary, secure online interface which allows both Clients and Registered Users to enter and update their personal information, and access our services via the World Wide Web. Payment for the Level 1 Service can only be made after completion of all steps of the Online Consultation.
Website - unless otherwise specified, this means the MY AUSTRALIAN VISA.com website, www.myaustralianvisa.com
1. SUPPLY OF SERVICE(S)
As outlined in the Migration Agents Code of Conduct, clients must agree to the following information to engage the services of a Registered Migration Agent:
A person who wishes to give Migration Advice into Australia must be registered with the OMARA www.mara.gov.au
Generally the Registered Migration Agent that will provide your migration advice and assistance is Mr. Andre Congiu, Migration Agent Registration Number 0319022.
A Registered Migration Agent is required to deal with you, the client competently, diligently and fairly.
Part 3, Clause 3.2A of the Migration Agents Code of Conduct (Australia) requires that before starting work for a client, a copy of the Information on the Regulation of the Migration Advice Profession booklet must be provided to the client, and record that a copy of this has been provided maintained. You can download a copy of this booklet by clicking here. A copy can also be found in your Online Visa Centre as can a copy of your Tax Invoice and Statement of Services. You acknowledge that you have had access to and the opportunity to read these documents in full prior to making any payment for any services.
For security purposes your this booklet and indeed the Level 1 Service advice is in the file format .pdf. You will require Adobe Acrobat Reader to view your advice. If you do not already have a copy of Adobe Acrobat you can download a copy for free from Adobe's web site.
You may contact Registered Migration Agent Mr. Andre Congiu, MARN 0319022 and/or Mrs. Teresa Morfuni Registered Migration Agent Number before receipt of your service using the following contact details:
386 Bell St
Ph: +61 3 9484 1566
FAX: +61 3 9484 1263
MY AUSTRALIAN VISA.com's office hours are 9:30 AM to 5:30 PM (Australian Eastern Standard Time), Monday to Friday.
Upon receipt of payment, you will be sent an automated email requesting you to email your CV/Resume and that of your partner's (if applicable). This email will also include details of your Account in order to access your Online Visa Centre and a link to the Information on the Regulation of the Migration Advice Profession booklet (also included in your Online Visa Centre).
MY AUSTRALIAN VISA.com shall appoint (as applicable) a Registered Migration Agent to analyse your profile, and prepare your Level 1 Service within 10 Australian business days (subject to the provision of all requested information).
Please see the Services Page and the Invoice and Statement of Services (in your Online Visa Centre) for more information about what is included in the Level 1 Service.
Your engagement of MY AUSTRALIAN VISA.com is strictly personal and your Agent will not discuss your profile, information or Service(s) with any third party enquiring on your behalf (including family) unless you provide express instruction that the third party in question is authorised to do so.
MY AUSTRALIAN VISA.com reserves the right to appoint a new Registered Migration Agent, whether temporarily or permanently, to provide the Service(s) at anytime and without notice.
Where a time frame is specified for the delivery of a Service (s), MY AUSTRALIAN VISA.com will use its best endeavours to adhere to the given period, however as cases are managed on an individual basis, the Service may take longer to provide in certain circumstances. In such an event, MY AUSTRALIAN VISA.com shall notify the client of this delay within twenty-four (24) hours of the promised service delivery time.
MY AUSTRALIAN VISA.com reserves the right to extend the turn around time for provision of any service if the client has not furnished requested information or if information provided by a client is technically too difficult to answer in the time frame provided for, or that may require more in depth research and analysis. Other factors which may result in an extension to the delivery of the service include, Public Holidays, annual Leave, sick leave of staff and urgent work for other clients. The Level 1 Service turn around is aimed to be within 10 Australian business days. The client will be contacted if further information is needed or if it is likely to take longer than this time frame.
You acknowledge that once you have engaged MY AUSTRALIAN VISA.com, the principle point of contact, communication and access to the Service(s) shall be via email before delivery of the Level 1 Service and then via the Ask An Agent email facility which can be accessed via the Online Visa Centre (login and password must be entered for access).
2. LIMITATIONS OF SERVICE
Your Agent will provide an assessment of your visa profile based on the specific information you supply within the Online Assessment, Online Consultation and CV/Resume (s) emailed.
Hence if limited detail is available, certain assumptions may be necessary.
The assessment of your information will be made by the Agent within the first 3 days of the 10 Australian business day delivery period. Therefore, if you wish to amend any information on your profile you must do so via the Online Consultation and notify your Agent via email before the end of this 3 day period.
The accuracy of the assessment and prepared advice depends on the accuracy of the information you supply and your ability to substantiate that information as required by DIAC.
As a clients' information and profile can vary considerably from client to client, any guidance or comments are personal and intended only for you and should not be applied to the circumstances of any third party.
No Ongoing Obligations
The advice provided by your Agent is communicated on the belief that it reflects current Australian immigration laws, policies and regulations. Therefore the Level 1 Service is only current as of date of publish.
You should have regard to the Migration News section of the MY AUSTRALIAN VISA.com website and any email updates in relation to any legislative changes which may affect your visa profile or application.
MY AUSTRALIAN VISA.com and its Registered Migration Agent are under no obligation to keep Registered Users, Level 1 Service Clients up to date with any legislative changes which may affect their visa profile or application.
Whilst MY AUSTRALIAN VISA.com and its Registered Migration Agent endeavour to offer the best possible advice; immigration laws, policies & fees are subject to frequent change without notice and no responsibility is accepted for any errors in the guidance and information provided, typographic or otherwise.
MY AUSTRALIAN VISA.com does not and cannot make any guarantees in relation to the approval or validity of any visa application made by you or by your Agent on your behalf. The power to grant or refuse visa applications vests solely in DIMIA.
MY AUSTRALIAN VISA.com is not engaged in rendering taxation, business, accounting, investment or other professional advice or services which are unrelated to Australian immigration matters; unless expressly stated otherwise by MY AUSTRALIAN VISA.com in relation to any particular Service being provided. MY AUSTRALIAN VISA.com advises clients to seek separate independent professional advice regarding these matters.
The Client also acknowledges and agrees that MY AUSTRALIAN VISA.com via a Registered Migration Agent provides migration advice and assistance strictly in relation to Australian immigration and you will not make any representation to the contrary.
In relation to questions on official DIAC visa application forms which ask the applicant questions about "Assistance with this Form", "Authorised Recipient" and "Migration Agent Details", only clients who have retained the Level 3 Service should include the Registered Migration Agent, Mr. Andre Congiu's or Mrs. Teresa Morfuni's, details in these sections.
Clients who have only used the Level 1 Service or Level 2 Service should not include these details.
Any problems experienced with completion of any application forms can be addressed by use of the Ask An Agent service prior to completing your application.
See "Section 9 REPRESENTATION" for more information.
3. ASK AN AGENT
In addition to the stand alone Ask An Agent Service, as the Level 1 Service also includes an Ask An Agent Service component, you shall be able to ask Appropriate Questions (as defined below) via the Ask An Agent email facility for the period specified in the Service you purchase.
Your Agent will respond to your Appropriate Questions (which may be by way of a request for further information) within twenty-four (24) hours or by the next Business Day on weekends.
The time period referred to above is an estimate only and MY AUSTRALIAN VISA.com will not be liable to any Client or third party if these estimated time periods are not met for any reason. In the interests of quality and accuracy, your Agent may take additional time to answer questions where of an especially technical nature or questions which require consultation with the Department of Immigration, Multicultural and Indigenous Affair (DIMIA) a Skills Assessing Body or any other relevant third parties.
MY AUSTRALIAN VISA.com reserves the right to impose a limit on the number of questions asked in a twenty-four hour period. In the event that you exceed this limit, your Agent may take additional Business Day to respond, during which you cannot ask additional questions.
Your Agent may also ask you to resubmit, as separate questions, any single question that MY AUSTRALIAN VISA.com determines to be comprised of a number of questions.
All questions must be directly related to your current application only. Where you wish to ask a question in relation to another visa category for which you have not been formally assessed via any applicable Level 1 Service, you must first complete the appropriate Online Assessment and Online Consultation and make payment for the Level 1 Service so that a professional assessment may be made of your profile.
Where your Agent provides any answer to a question, that answer will be deemed a final response to your question.
MY AUSTRALIAN VISA.com reserves the right to refuse to communicate further with a Client in relation to any answer forwarded by your Agent.
4. TELEPHONE CONSULTATION
Where the Service you have purchased includes a Telephone consultation component, you shall be able to ask Appropriate Questions (as defined below) via the telephone for the period specified and at the time specified in the Service you purchase.
Your Registered Migration Agent will respond to your Appropriate Questions (which may be by way of a request for further information) during the telephone communication as scheduled. The time period referred to above is an estimate only and MY AUSTRALIAN VISA.com will not be liable to any Client or third party if these estimated time periods are not met for any reason. In particular, the client is responsible for the quality of the voice communication and no credit of time will be given for calls not satisfactorily understood by the client in these cases.
All questions shall be answered in English, unless otherwise stated, the client must have a sufficient level of English to ask and respond to questions. No time credit will be provided in lieu of poor English. In the interests of quality and accuracy, your Registered Migration Agent may take additional time to answer questions where of an especially technical nature or questions which require consultation with the DIAC a Skills Assessing Body or any other relevant third parties.
MY AUSTRALIAN VISA.com reserves the right to re-schedule a call at anytime.
Partial calls will not be accepted in meeting the scheduled total call time. If a call drops out and the client can not re-establish the call in the specified time then the service shall be deemed to have been delivered. You Agent may also ask you to resubmit via email, as separate questions, any single question that your Agent determines to be comprised of a number of questions or of a particularly technical nature that requires further investigation.
Where your Registered Migration Agent provides you with any answer to a question, that answer will be deemed a final response to your question. MY AUSTRALIAN VISA.com reserves the right to refuse to communicate further with a Client in relation to any answer forwarded by Registered Migration Agent.
5. APPROPRIATE QUESTIONS
MY AUSTRALIAN VISA.com reserves the right to determine in its absolute discretion what constitutes an Appropriate Question, however your Registered Migration Agent may choose not to respond to a question that:
- requires advice or opinions on issues unrelated to migration laws or regulations;
- concerns a response that can only be determined by the discretion or internal policies of a third party (such as DIAC);
- calls for a recommendation as to a particular course of action that is unlawful;
- cannot be reasonably interpreted in English, OR;
- MY AUSTRALIAN VISA.com, in its absolute discretion, determines that a question is not appropriate.
Any questions deemed to meet these criteria, and hence be classified as inappropriate questions, will, if answered, be strictly an expression of general opinion only and do not form part of the Service. MY AUSTRALIAN VISA.com advises you to seek independent professional advice on any matters unrelated to migration advice.
6. TERM AND TERMINATION
MY AUSTRALIAN VISA.com is entitled to terminate this Agreement immediately where:
- Your Service is cancelled;
- MY AUSTRALIAN VISA.com reasonably forms the view that someone other than the Client is attempting to gain access to the Service for their personal benefit;
- There is any belief by your Registered Migration Agent that your have provided false or misleading information;
- A period of six (6) months lapses during which you do not access the Level 1 Service or communicate with your Registered Migration Agent, OR;
- At the discretion of MY AUSTRALIAN VISA.com, you behave in such a way that renders your Registered Migration Agent unable to provide the Service(s) any longer.
7. REFUND POLICY & OTHER FEES PAYABLE
MY AUSTRALIAN VISA.com provides Level 1 and Ask an Agent services online via the MY AUSTRALIAN VISA.com website (http://www.myaustralianvisa.com). Where a Level 1 Service is purchased, MY AUSTRALIAN VISA.com will NOT provide any refund within ten (10) days of paying for the Level 1 Service prior to commencing any work on provision of this service except as outlined herein.
MY AUSTRALIAN VISA.com may provide a full or partial refund for services purchased if your request is received by e-mail or fax at least twenty-four (24) hours prior to commencement of any work on that service.
After this time however, please note that no refunds will be provided under any circumstances, including if we determine that you are ineligible to apply for any visa.
MY AUSTRALIAN VISA.com reserves the right to charge the client on an hourly basis of AU$90 per hour for work already performed prior to any cancellation.
Where possible, MY AUSTRALIAN VISA.com charges 'one flat fee' which entirely covers the Service(s) being provided. However, you acknowledge that as part of the migration or temporary residence visa process, various additional fees will apply, such as courier costs, Government application charges, English language tests, skills & medical assessment fees and document certification costs.
These fees are not payable to MY AUSTRALIAN VISA.com, but directly to the relevant body providing that service and MY AUSTRALIAN VISA.com does not benefit from nor is it responsible in any way for these auxiliary costs.
Where applicable to the Service(s), your Agent will provide you with an approximate indication of the fees that you can expect in relation to your application and when each cost will be payable.
8. REGULATION OF THE MIGRATION ADVICE PROFESSION
MY AUSTRALIAN VISA.com has a Registered Migration Agent on staff, bound by the OMARA Code of Conduct A link is provided on this site to the Code of Conduct. By agreeing to these terms and conditions you agree that you have had satisfactory access and opportunity to read the Code of Conduct.
The Level 1 Service and Ask An Agent Service does NOT include any service to act on your behalf in relation to your visa application.
You have NO authority to enter MY AUSTRALIAN VISA.com or your Registered Migration Agent details as your Registered Migration Agent in your visa application. We have provided you with pre-application advice but we are not acting on your behalf. Agent details can only be provided in this section if you have retained our Level 3 Service which is only available to certain eligible clients.
MY AUSTRALIAN VISA.com or your Registered Migration Agent are providing you with advice and assistance, not representation. Pursuant to the above, you must not indicate anything to the contrary on any application form you submit to DIAC or any other authority or send any documentation to your Agent unless you are requested to do so.
MY AUSTRALIAN VISA.com shall not be responsible for any delays or loss of documentation whatsoever in the event that you direct correspondence or enquires to your Agent by mistake.
You acknowledge that, because of the nature of the Internet and the third party dependencies, MY AUSTRALIAN VISA.com does not warrant that the provision of the Service(s) or any part of them will be continuous, uninterrupted or error free.
From time to time, the MY AUSTRALIAN VISA.com Website may not be available due to technical difficulties, upgrades or maintenance. In no event will MY AUSTRALIAN VISA.com be liable to the Client or any other person for any remote, indirect, consequential, special or incidental damages, including without limitation, damages resulting from loss of data, loss of profit or business interruption.
This limitation will apply even if MY AUSTRALIAN VISA.com has been advised of the possibility of such damages. Without limiting any other provisions of this Agreement, MY AUSTRALIAN VISA.com will not be liable to you or any third party for damage directly or indirectly caused to computer files through use of the MY AUSTRALIAN VISA.com Website.
MY AUSTRALIAN VISA.com expressly disclaims all and any liability to any person in respect of anything and of the consequences of anything, done or omitted to be done by any person in reliance, whether wholly or partially, on the whole or any part of the contents of answers or other information provided by MY AUSTRALIAN VISA.com.
11. IMPLIED TERMS & LIMITATIONS
To the extent permitted by law, MY AUSTRALIAN VISA.com specifically disclaims all warranties whether express, implied, statutory or otherwise relating in any way to this Agreement, including, without limitation, any warranty that the Services provided under this Agreement are fit for a particular purpose.
You acknowledge that you have exercised and relied upon your own skill in determining whether the Services provided under this Agreement meet your particular requirements, and that you have not relied on any statement or representation made on behalf of MY AUSTRALIAN VISA.com.
Without limiting the effect of any other provision of this Agreement, the parties agree that the total liability of MY AUSTRALIAN VISA.com to the Client arising in any circumstances, and whether under this Agreement or otherwise, will be limited to the either supplying the Service(s) in question or refunding the amount paid under this Agreement.
Each part of the MY AUSTRALIAN VISA.com Website and all communications from MY AUSTRALIAN VISA.com as part of the Service(s) ("MATERIAL") are protected by copyright unless otherwise indicated. MY AUSTRALIAN VISA.com reserves all rights. You agree not to copy, reproduce, alter, adapt, modify, translate, create relative works, transmit, storing electronic or other media or otherwise deal with the MATERIAL, including each part of the MATERIAL, except where expressly permitted to do so by MY AUSTRALIAN VISA.com.
Client download and/or printing of material for personal use is deemed a permitted use.
13. SYSTEM INTEGRITY
The Website Visitor/Registered User/Client agrees not to interfere with the proper working of the MY AUSTRALIAN VISA.com Website.
The Website Visitor/Registered User/Client agrees not to do anything that imposes an unreasonable or disproportionately large load on the Website infrastructure.
14. YOUR PRIVACY
15. INDEMNITY & THIRD PARTIES
In the event that answers and information provided by MY AUSTRALIAN VISA.com's Registered Migration Agent are used by you in advising third parties, please be advised that you do so at your own risk. You agree that you will not forward information and answers provided by MY AUSTRALIAN VISA.com to any third party. The Client indemnifies MY AUSTRALIAN VISA.com against any loss, action, proceedings, costs, claims and damages which may be caused directly or indirectly by:
- any breach by the Client of its obligations under this Agreement, OR;
- reliance by any third party on any advice given by the Client, which was derived directly or indirectly from any information (including answers) obtained from MY AUSTRALIAN VISA.com .
In this Agreement, unless the context otherwise requires references to clauses are to clauses of this Agreement, the singular includes the plural and vice versa, where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning, and a reference to any statute, includes any amendment, consolidation, modification, enactment or reprint of it or any statute replacing it.
The MY AUSTRALIAN VISA.com Website is operated and controlled in Australia. The validity, interpretation and performance of this Agreement will be governed by the law of the State of Victoria and of the Commonwealth of Australia. The Client may not assign, sub-license or otherwise transfer the benefit of this Agreement without the prior written consent of MY AUSTRALIAN VISA.com.
The Client agrees that the terms and conditions of this Agreement are for the benefit of MY AUSTRALIAN VISA.com and each of its employees, agents and contractors and are enforceable at the suit of any such person. No failure or omission by either party to perform or observe the terms and condition of this Agreement will, except in relation to obligations to make payments under it:
- give rise to any right of action or claim against the defaulting party, OR;
- be treated for any purpose as a breach of this Agreement if such failure or omission arises from any cause reasonably beyond the control of that party.
You agree that sections 2, 7, 8, 9, 11, 12, 13, 14, 15 and 16, will survive termination of this Agreement and continue in force.
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Affordable Migration Advice
To receive a professional visa eligibility assessment and written advice: