1. ECOMMERCE

While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error)

Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order, we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.

2. THE PRODUCT

In consideration of your payment of the Fees, and subject to your compliance with the terms of this Agreement, we will provide the product in accordance with this Agreement.

The product is provided to you for your own personal use. You agree not to disclose or provide access to the product to third parties without our prior written consent.

You must create an account in order for you to access and use the product, in accordance with the terms of this Agreement.

You agree that you will be responsible for ensuring that any information provided to us is complete and accurate. You also agree that you are authorised to provide this information to us. You are also responsible for ensuring that your account details are kept confidential and that you will monitor all activity in relation to your account.

We grant you a non-exclusive, royalty-free, revocable license to use the account and our product for your personal use, as contemplated by this Agreement. You must not use your account or our product for your own commercial gain or share it with a third party. You must not use the account or our product which would constitute a breach of any applicable laws or infringes on anyone’s rights, including our Intellectual Property Rights.

3. ADVICE AND INFORMATION

You acknowledge that by purchasing our products, we have not entered into a client relationship with you or provided you with legal advice. The product we offer should not substitute for or constitute professional legal advice. 

The product has not been tailored to your specific circumstances, i.e., your previous and current immigration status, your financial status, and your overall personal circumstances. Your situation is unique, and not everything contained within the product may be suitable for your situation. As such, we strongly recommend obtaining additional advice or information before undertaking any of the steps or strategies contained in our product. We recommend you consult with us or any other professional for legal advice.

We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information we give in relation to the product is generic in nature and is not intended to constitute or substitute for professional advice. You should seek appropriate professional advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.

4. PAYMENT

You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.

You acknowledge and agree that your payment in full in cleared funds is a condition of this Agreement, any breach of which will entitle us to terminate this Agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of product unpaid for unless and until we receive your payment in full.

If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this Agreement.

We currently accept payments by credit card and debit card.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider (such as PayPal or Stripe), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.

5. DISCOUNT

We may offer discounts from time to time.

Discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).

Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).

Unless we specify otherwise in our offer, discounts are available on full priced products only.

We reserve the right to revoke any discount offer at any time without notice.

6. EVENTS BEYOND CONTROL

As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue.  While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

7. AUSTRALIAN CONSUMER LAW

Our product comes with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the product repaired or replaced if the product fails to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however, we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:

• replacement of the product;
• repair of the product;
• payment of the cost of having the product repaired; or
• such other fair and reasonable remedies as we are ready and willing to provide.

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.

If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.

To make an ACL-related claim, please contact us at info@migrationaffairs.com.au.

This clause will survive the termination or expiry of this Agreement.

9. REFUNDS

To the maximum extent permitted by law, there will be no refunds or credits for any amounts paid by you.

If the product received defective in any way on delivery, please contact us at info@migrationaffairs.com.au as soon as possible to arrange a suitable remedy.

Please note that you are required to inform us of any fault with the product in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately 7 days from the date of purchase.

10. INTELLECTUAL PROPERTY

All content in our products belongs exclusively to Migration Affairs. We grant you a non-exclusive, royalty-free, revocable license to use our product for your personal use. You may not copy, reproduce, transmit electronically or otherwise use our product in any way for the purpose of commercial gain or for any purpose that may amount to competition with our business. You also must not share the product with a third party.

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.

This clause will survive the termination or expiry of this Agreement.

11. VARIATION

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted. 

12. SEVERANCE

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.

13. TERMINATION

We may terminate this Agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of an undelivered product.

Upon expiry or termination of this Agreement:

• We will cease providing you with access to the account and our product
• We will be entitled to permanently delete all of your data
• You agree to return or delete any of the property.

14. JURISDICTION

As we are based in NSW, these terms will be governed by the laws of NSW. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of NSW and courts of appeal from them.

This document was last updated: 3/03/2023