Terms and conditions

Welcome to Migration Expert Pty Ltd (Migration Expert). These Terms and Conditions apply whenever you access the website, regardless of how or where you access the website.

Access to the Migration Expert websites and the purchase of any Service/s from the Migration Expert 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 Migration Expert.

1. Terms of Use

Defined Terms

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

“Client Area” means the secure online system managed by Migration Expert, which allows Clients to enter and update their personal information and access our Service from any computer with internet access.

“Migration Expert Pty Ltd” or “migrationexpert.com” or “we” or “our” means Migration Expert or any of our subsidiary companies.

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

“Service” means the Visa or Travel Service provided by Migration Expert. A detailed description of what is included in your Service can be found at www.migrationexpert.com.

“Terms” mean these terms and conditions.

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

“Website” means www.migrationexpert.com.au

Privacy

Please review our Privacy Policy, which also governs your visit to Migration Expert, to understand our practices.

Licence and Website Access

Migration Expert grants you a limited licence 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 Migration Expert. This license does not include any 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 Migration Expert. 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 Migration Expert without express written consent. You may not use any meta tags or any other “hidden text” utilising our name or trademarks without our express written consent. Any unauthorised use terminates the permission or license granted by Migration Expert. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Website so long as the link does not portray Migration Expert, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Migration Expert logo or other proprietary graphic or trademark as part of the link without express written permission.

Copyright

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Migration Expert 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 Migration Expert and protected by the laws which apply in the countries we operate in and international copyright laws. All software used on this Website is the property of Migration Expert or its software suppliers and is protected by local and international copyright laws.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE IS PROVIDED BY MIGRATION EXPERT ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIGRATION EXPERT 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, MIGRATION EXPERT DISCLAIMS ALL WARRANTIES. MIGRATION EXPERT DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM MIGRATION EXPERT ARE FREE OF ERROR, VIRUSES OR OTHER HARMFUL COMPONENTS. MIGRATIONEXPERT.COM 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 Migration Expert, its directors, officers, employees, and consultants is limited to the cost of the Service Migration Expert provides to the Client.

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

2. Terms of Service

Communications

When you visit Migration Expert, send e-mails to us or by communicating via the Client Area, 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 by sending a message through the Client Area 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.

Migration Expert reserves the right not to respond to any query which is not sent through the Client Area. You can elect to discontinue all future correspondence from Migration Expert at any time by selecting the “Remove Your Details” link in the Client Area of our Website. Migration Expert will not be responsible for any loss of data or immigration advice resulting from the Client selecting to unsubscribe their details.

Your Profile

If you use this Website, you are responsible for maintaining the confidentiality of your Profile and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Profile or password.

When accessing the Client Area, you are required to enter your email/username and password each time. Since access to your Profile is protected by your email/ username and password, it is very important that you protect your password by making it known ONLY to you. To protect your personal details, we recommend that you do not disclose your password to anyone, including family members and friends.

Migration Expert will not be held responsible for any access gained by third parties to your personal Profile, whether the Log in details was provided by you or was otherwise obtained.

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 your selected visa, you should complete both the Visa Assessment and Online Interview. Once you have completed these steps, you can elect to engage one of our Migration Consultants to act on your behalf OR purchase a Service prepared by one of our Migration Consultants to allow you to self-manage the application process.

Online Interview

The Online 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

Migration Expert will use and rely on information provided by the Client in the provision of the Service. Migration Expert will not independently verify or assume responsibility for the accuracy or completeness of such information. Accordingly, the information provided by the Client must be correct, including date of birth, qualifications and work history, contact details, etc. If the information provided by the Client is not correct, the Service may not be accurate.

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 registering your interest, you are able to purchase a Service offered by us. Upon payment, we will endeavour to have the Service delivered to you within the time frame provided for in the Service description. However, in certain cases this may take longer, depending on the complexity of the Client’s Profile.

Once the Service has been prepared, the Client will be notified, and the Service will be made available for download through the Client Area. In the event that the Service documents are not accessed by the Client within two (2) days of preparation, they will be emailed to the account nominated by the Client in the registration process. The Service to be provided to the Client may vary from time to time.

The Service also takes into account current and publicly available immigration legislation and policies. Migration Expert 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 one of our Migration Consultants and/or make independent enquiries before relying on the information provided as part of the Service.

Migration Expert cannot offer taxation, business, education or investment advice. Any information provided by our employees on non-migration related matters should only be interpreted as general information and the Client should obtain professional advice regarding these matters.

Types of Services

Migration Expert offers a selection of Services which vary depending on the country a person is seeking to migrate to. A brief introduction to these Service types can be viewed by clicking the appropriate link below. A detailed description of what is included in your Service can be found on the Website.

E Visitor Visa (EVV)

Upon completing the EVV application form provided on Migration Expert, your profile will be reviewed by one of our migration consultants who will then submit your electronic application directly with the Department of Home Affairs. Your EVV grant is subject to approval from the Australian Government.

In some cases, it is possible for an EVV to be processed and granted within minutes. However, if any details have been entered incorrectly or are incomplete, your application may be delayed. In other instances, you may be required to provide additional documentation, such as bank statements, evidence of employment and travel itinerary after the application has been lodged. In these cases, processing can take up 2-10 working days after the documentation has been provided and in the event that your application is referred to an overseas post for verification, there will be further delay.

An EVV is valid for 12 months from the date of grant and permits you to stay in Australia for 3 months from the date of entry.

Prior to making payment for the EVV, you will have an opportunity to review all the details you have provided on your screen and make changes if necessary. If you have made an error, it is important that you correct it before proceeding. Once you have confirmed the details, you will be prompted to enter your credit card details for the non-refundable Service charge. If you find out later that you have made a mistake, you can either make a new application (and incur another Service charge) or contact your nearest Australian visa office.

In the event that you have an existing visa, or you are in Australia at the time we attempt to process the EVV, the fee you have paid to Migration Expert for another EVV is non-refundable. In such circumstances, we will issue you with confirmation of your current EVV status and the charge is applied to cover costs for the use of our system resources.

Please do not arrange any travel to Australia until you have received email notification that your EVV request has been approved by the Australian Government. Migration Expert takes no responsibility for changes to a Client’s travel plans due to visa processing.

Working Holiday Visa

Upon completing the Working Holiday Visa Assessment and Online Interview provided on Migration Expert, the information will be used in order to lodge an electronic application directly with the Department of Home Affairs. Your Working Holiday Visa is subject to approval from the Australian Government.

Prior to your Working Holiday Visa application being submitted with the Department of Home Affairs, one of our migration consultants may contact you via telephone to confirm that the information provided in our online application form is correct and also to request that a copy of your passport ID page be sent to us for verification purposes.

In most cases, your Working Holiday Visa application will be submitted to the Department of Home Affairs within 48 hours of payment. However, in certain instances, we may require clarification of the information you have provided and we will not be able to lodge the application until this additional information is required. If any details have been entered incorrectly or are incomplete, your application may also be delayed.

You must be outside Australia at the time of application and also at the time of visa decision. Therefore, you must not arrange any travel to Australia until you have received an email notification that your Working Holiday Visa has been approved by the Department of Home Affairs. Migration Expert takes no responsibility for changes to a Client’s travel plans due to Department of Home Affairs processing delays.

The average Department of Home Affairs processing period for a Working Holiday Visa application is six (6) days. If additional documents are required such as health or character checks, this will affect the average processing period. In such cases, you will receive detailed instructions as to the specific documents which are required and how to obtain them.

In the event that the Working Holiday Visa application is refused by the Department of Home Affairs due to health or character reasons not fully disclosed at the time of completing the online application form, the fee you have paid to Migration Expert is non-refundable.

Online Support™ Service

Online Support™ Service enables clients to contact a Migration Consultant for the duration of their subscription to Online Support. During this subscription period, clients are permitted to submit profile or visa-related questions, specific to their profile, via the Client Area.

We endeavour to have one of our Service team members or Migration Consultants reply to your query within two (2) working days of receiving the question. In some cases, however, it may take longer than two (2) working days. This will depend on the nature of the question.

Migration Expert reserves the right not to respond to questions that:

• do not relate to 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, Migration Expert reserves the right to request that the Client resubmit the questions separately, or to limit the number of questions asked in a 24-hour period.

Some of the Services Migration Expert offers include a complimentary Online Support subscription. Complimentary subscription periods begin the first time you download your Managed Visa Application Service (MVAS)™ Service documents or when they are delivered to you by email, whichever occurs first. Complimentary subscription periods also begin once the Professional Consultation is completed.

Professional Consultation Service™

The Client must book the date and time of the consultation by selecting the “Book Consultation” option in the Client Area or by contacting one of our offices and speaking to a Client Services Consultant.

Any pre-paid fee will be forfeited if the Client is not reachable at the number provided or does not contact our office at the booked consultation time and does not provide at least twenty-four (24) hour’s notice of cancellation. If you need to cancel or reschedule the consultation, you can provide notice either through the Client Area of the Website, or by telephone within the 24-hour period specified.

As the Client telephone consultation is a one-time exclusive engagement, no further advice will be provided at its conclusion. Any further consultations, either by telephone or e-mail, with a Migration Consultant are not covered by the Professional Consultation Service™ fee. If a further consultation(s) is desired and/or required, the Client may choose to purchase an additional telephone consultation or another migration Service.

Some services from Migration Expert include a complimentary consultation.

All clients are required to telephone our office at the assigned time. The complimentary Professional Consultation must be utilised within 10 days of provision of the Managed Visa Application Service (MVAS)™ documents.

If the Client has already paid for the Professional Consultation Service™ and then opts to cease the engagement for any reason, without providing notice as stipulated above, there will be no entitlement to a refund.

Managed Visa Application Service (MVAS)™

The Managed Visa Application Service (MVAS)™ from Migration Expert is the most comprehensive immigration Service provided by us. We will handle your application from start to finish; with the attention to detail that can only be provided by registered Migration Consultants with an exhaustive knowledge of immigration law.

Upon payment of the Managed Visa Application Service (MVAS)™ fee OR return of the signed Acceptance Form it will be deemed that you have engaged the services of Migration Expert for the purpose of fully preparing and submitting your visa application to the relevant regulatory and government bodies. The Managed Visa Application Service (MVAS)™ will be provided in accordance with the Managed Visa Application Service (MVAS)™ – Terms of Engagement as available in the Client Area.

Professional Conduct

All our senior Migration Consultants are registered with the relevant regulatory body which authorises them to provide immigration and visa advice in their respective country of specialisation.

Australia

Under Australian law, a person who wishes to operate as a Migration Consultant must be registered with the Migration Agents Registration Authority (MARA). Migration Expert confirms that its Migration Consultants are all registered with MARA which is responsible for administering the Code of Conduct.

The Code of Conduct is intended to regulate the conduct of Migration Consultants. Among the requirements of the Code, is the ability of Consultants 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 click here.

Consumer Guide

A copy of the consumer guide can be found by clicking 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 Migration Expert.

VEVO

As part of any service provided by Migration Expert, we may need to access VEVO (Visa Entitlement Verification Online) to confirm your current visa status.

By purchasing any of our services, you consent to Migration Expert accessing your current visa status through VEVO.

Refund Policy

As soon as payment is received, the Client is deemed to have engaged the Services of Migration Expert. 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.

If you submit a written refund request through the Client Area within 8 hours of payment, you may be entitled to a refund if the Service has not yet been provided to you and/or work has not commenced on your profile. By agreeing to the terms and conditions of the site, you agree that Service fees are non-refundable following 72 hours of payment or provision of the Service, whichever occurs first.

Except the EVV Service, all refunds remain strictly at the discretion of management and will be less a banking and administration fee of US$29 or 15% of your initial payment (whichever is greater).

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.

Please note that this policy does not apply for the Managed Visa Application Service (MVAS)™, which will be provided in accordance with the Managed Visa Application Service (MVAS)™ – Terms of Engagement as available in the Client Area.

Termination of Service

Migration Expert reserves the right to terminate this agreement at any time. Termination includes cancelling your registration with or ability to have full or partial access to this Website and/or any other Service provided to you by us.

Migration Expert 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

Migration Expert 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 using the Client Feedback Form which can be accessed here. All such written complaints will be acknowledged in writing. Upon receipt of the complaint, your Migration Consultant will contact you in the next 3 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 clients is genuine.

Privacy and Release of Information

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

Migration Expert 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, Migration Expert 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 Migration Expert holds about them by sending a message via the Client Area. A fee may be charged for providing access and Migration Expert 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.

Please review our Privacy Policy, which also governs your visit to Migration Expert, to understand our practices.

Governing Law

The agreement Terms 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 Migration Expert 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.

Migration Expert 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.

Links

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