GENERAL & ACCEPTANCE
This website is owned and operated by Migrate With Us. In these Terms and Conditions, Migrate with Us will be referred to as "we", "our", "us" and the user of the website will be referred to as "You".
Use of the Assessment Form automatically indicates your acceptance of these terms and conditions. The Assessment Forms is part of our website and by accessing the Assessment Form you agree to be bound by any terms and conditions of our website that may be current at the time of access, including the contents of our Privacy Statement. If you do not agree to the terms and conditions, then you may not use our website or Assessment Form.
We may amend these terms and conditions at our discretion and without notice by posting any amended terms and conditions on our website. The current terms and conditions will always be available on our website. By continuing to use the Assessment Form you accept and agree to be bound by the current terms and conditions.
The use of this Questionnaire is for the purpose of collecting basic information to enable us the opportunity to perform a preliminary assessment of your situation. By completing the Assessment Form, you accept that any information or assistance we provide to you does not take into account all eligibility requirements. Furthermore, you accept that completing the Assessment Form does not in any way guarantee grant of a sponsorship, nomination, visa or other migration outcome. A positive result from an eligibility assessment of the Assessment Form does not guarantee a positive final migration outcome.
This Assessment Form is not an application form.
WHAT YOU CAN DO
The Assessment Form is to be used by you to provide us with information about your circumstances and any relevant documentation to enable us an opportunity to consider assessing your situation and, where we deem appropriate, provide you with an assessment of your migration options.
SCOPE OF WHAT WE WILL DO
By using this Assessment Form, you are providing us with a non-compellable invitation to review the information you have provided and, at our complete
discretion, perform an initial assessment of your eligibility to seek a migration outcome. Using or submitting the Assessment Form does not make you our client. If we agree to perform an initial assessment for you, we will contact you in writing to confirm your instructions.
The scope of any work which we may elect to perform as a result of you submitting a completed Assessment Form is limited to performing an assessment, including performing any enquiries (including with third parties) that we deem necessary.
YOUR OBLIGATIONS AND RISKS
You are responsible for all costs and charges associated with your accessing the Assessment Form including, but not limited to, internet and telephone costs and charges.
You must only access the Assessment Form for legitimate and lawful purposes and in accordance with directions or instructions posted on our website. You agree not to upload any documents, images or files that might be considered offensive, discriminatory or unlawful.
Should you not comply with these terms and conditions, or otherwise misuse the Assessment Form, or should our service to you for whatever reason be suspended or discontinued, then the right of access to the Assessment Form shall cease and we have the right to terminate this agreement with no further need for proof of default and with immediate effect and to deny you access to the Assessment Form with immediate effect.
CHANGES OF LAW
Migration law and policy are continuously updated and revised, and we do not warrant that the process of this Assessment Form and any subsequent Initial Assessment take into account the current law at any point in time. This information is general in nature, prepared from preliminary questions.
If we agree to perform an assessment of the information you provide to us, you authorise us (including our staff and third-party contractors) to act on any instructions, information and documentation you provide using the Assessment Form. However, we may choose not to act in accordance with your instructions where we reasonably believe those instructions are unlawful, contain fraudulent or bogus material or information, or may result in illegal consequences or pose a risk to our systems. Further, we may immediately refuse to process or complete any transaction or dealing of yours, suspend the provision of a product or service, or terminate your access to the Assessment Form. We will be under no liability to you if we do any or all these things.
If you add any incorrect information or documentation to the Assessment Form, you must notify us as soon as you become aware that the information is incorrect. If we act on your instructions or make use of documentation or information that is incorrect, fraudulent or bogus (whether deliberate or not), we will not be liable to you or to any third party for any loss or damage caused by us acting in accordance with your instructions or by making use of the documents or information. Further, we will not analyse your instructions to determine whether they are correct. As soon as the instructions, documents and/or information are added to the Assessment Form by you, we are entitled to and will assume that it is correct.
WARRANTY AND AGREEMENT
By uploading documents, information or files to the Questionnaire, you warrant that:
The information and documents you have supplied to us is accurate, complete and not misleading, deceptive, fraudulent or bogus; and you have read these terms and conditions and fully understand their nature and effect.
By accessing or using the Questionnaire you agree:
* to at all times indemnify Migrate With Us and its employees, contractors, third party service providers, from claims by third parties which are in any way connected with the services provided by and/or with the information made available via the Assessment Form including personal user information provided by you.
* that we provide the Assessment Form through the internet on an "as-is" basis. Your use of the Assessment Form is at your own risk.
* that we do not accept any responsibility or liability for any expenses, loss, damage, costs, demands or liabilities howsoever caused arising out of or in connection to the actions of hackers or the effects of viruses, worms or any other forms of corruptive code. We do not warrant, guarantee or make any representations as to the reliability, accuracy or completeness of the data or information provided to you through the Assessment Form.
* that we do not warrant, guarantee or make any representations that data, information or files on the secure Questionnaire will be secure from hackers, or free of viruses, worms or any other form of corruptive code.
* we may restrict, suspend, alter or terminate your access to the Questionnaire at any time without cause and without notice to you.
*that you authorise us to store your documents, data and information with third party cloud storage providers, such as Dropbox. You further understand, acknowledge and agree that these data storage providers may be based in locations outside of Australia.
Any data or personal information you provided to us via the Assessment Form will be treated confidentially and in accordance with these terms and conditions.
We do not disclose personal information to third parties apart from:
Where we are required by law, or a court order to do so;
Where we deem it necessary to make enquiries with third parties to enable us to adequately assess your eligibility for a migration outcome;
Any disclosures which may occur as a result of the use by us of IT service providers including the provider of this Assessment Form. These services commonly involve diverse geographic locations which change from time to time for reasons which include data protection and processing efficiency. Where these services are used by us, it is not practical for us to notify you of which country your personal information may be located in. Providers whom we may store and process data with who may be located outside of Australia include Microsoft, Adobe, Amazon, Raygun, etc.
Occasions where we are required to do so in order to provide you with our products or services, or manage our relationship with you
By having dealings with us you acknowledge and consent to disclosure of your personal Information to third party and/or overseas recipients described above in the circumstances described above.
SEVERABILITY & JURISDICTION
If any provision of these terms and conditions is deemed unlawful, void or for any reason unenforceable, that provision shall be deemed to be severable and shall not affect the validity of the remaining terms and conditions. These terms and conditions should be read in conjunction with any Privacy Statement located on the website.
These provisions are governed by the laws of the Commonwealth of Australia, and any and all disputes between the parties relating to these provisions will be referred to a competent Australian court. .
No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. .
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. .