TERMS AND CONDITIONS

If you do not agree to the Terms and Conditions herein below, do not use this website.

Introduction
Welcome to our website: www.australianimmigration.com.au (“the Site”). The Site consists of any and every thing whatsoever on or through the Site including without limitation all information, services, products, resources and tools on or accessible through the Site (collectively “the Site’s Resources”). The Site is operated by AICLA Global (registered in Australia), its successors, assignees, entities, members and affiliates (collectively “the firm”).

The terms “us”, “our” or “we” refer to the firm. The terms “you” or “your” refers to the Site user/s, collectively also referred to as “the Parties” or each a “Party”.  The Terms and Conditions govern the relationship between the firm and you in connection with your use of the Site.

These Terms and Conditions which (to avoid doubt) include the Privacy Policy (“the Terms and Conditions”) immediately apply to all direct and indirect users of the Site (collectively “the Site user/s”).  Please read the Terms and Conditions carefully.  In or by using the Site, you agree to comply with and be bound by the Terms and Conditions.

In or by using the Site, you warrant that you are 18 years or older, have had sufficient opportunity to access the Terms and Conditions and contact us, you have read, understood, accepted, agreed and will comply with the Terms and Conditions and that you are entering into a commercial agreement/relationship with the firm based on the Terms and Conditions (“the User Agreement”). If you do not agree to the Terms and Conditions, do not use the Site.

Relationships
You make payments directly to the firm and the firm administers your written contract. We oversee that your contract is fully and professionally performed by your AG Professional. Consequently, the firm does not provide legal advice and services so that your professional relationship is directly with your AG Professional (your consultant or case manager). Your solicitor/client relationship (where and when it occurs) is not with the firm but is solely with the AG Professional (if a lawyer) who advises and assists you. Our fees and payment methods may be amended from time to time in our discretion.
We have the right to change the Terms and Conditions from time to time without notice. You acknowledge and agree that it is your responsibility to review the User Agreement periodically to familiarize yourself with any modifications. Your continued use of the Site after such modifications will constitute acknowledgment and agreement with the modified terms and conditions.

Responsible Use and Conduct
In or by using the Site:

  1. You agree to use it only for the purposes intended as permitted by (a) the Terms and Conditions (b) the User Agreement, and (c) any applicable laws.
  2. Where you are required to provide information about yourself (including identification and contact details), you agree that any information you provide is full, accurate and correct.
  3. You are responsible for maintaining the confidentiality of any login information (if applicable) associated with any account you use to access the whole or any part of the Site. Accordingly, you accept responsible for all activities that occur under your account/s.
  4. You accept and agree that accessing (or attempting to access) the Site by or through any automated, unethical or unconventional means is strictly prohibited.
  5. You accept and agree that engaging in any activity that disrupts or interferes with the normal operation of the Site including without limitation the servers and/or networks at which the Site is located or connected is strictly prohibited.
  6. You accept and agree that any attempt by you to copy, duplicate, reproduce, sell, trade, or resell the Site’s Resources is strictly prohibited.
  7. You accept and agree that you are solely responsible for any loss, damage or consequence that we may directly or indirectly incur or suffer and which arises or relates to any unauthorized behaviour or activity directly or indirectly done or conducted by you and for which you may suffer criminal or civil liability.
  8. You accept and agree that we may provide open communication tools on the Site including blogs, chats, forums, message boards, newsgroups, product ratings and reviews, various social media services. And that we may not pre-screen or monitor the content posted by users of the Site. And that if you these tools to post or submit any content to the Site, you accept personal responsibility for using these tools in a responsible and ethical manner so that you will not upload, post, share, or otherwise distribute any content that:A. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    B. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    C. Contains any type of unauthorized or unsolicited advertising;
    D. Impersonates any person or entity including any agent, employee or representative of the firm.We have the sole right and discretion to remove any content that in our judgment does not comply with the User Agreement or is otherwise offensive, harmful, objectionable, inaccurate or violates any copyright or trademark. We are not responsible for any delay or failure in removing such content. If you post content that is removed by us, you hereby consent to such removal and consent to waive any claim against us.
  9. We do not accept any liability for any content posted by you or any user of the Site. However, any content posted by you using open communication tools on the Site and which does not violate or infringe any copyright or trademark, becomes the property of the firm which then gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute same as we see fit. To avoid confusion, this refers and applies only to content posted using open communication tools and does not refer to your personal information that is provided to us during any registration process. All personal information provided to us during any registration process is protected by our Privacy Policy.

Indemnity
You agree to fully indemnify and hold harmless the firm and all related parties including but without limitation their affiliates, directors, officers, managers, employees, donors, agents, and licensors, from and against all loss, damage or consequence whatsoever and howsoever described including but without limitation expenses, damages and costs (including reasonable attorneys’ fees) incurred by you or any other person (including third parties) and that arise from or relates to your (or any other person using your account) using the Site or your violation of the User Agreement or your failure to perform any obligations relating to your account. We reserve the right to take over the exclusive prosecution or defence of any claim including but without limitation claims for which we are entitled to indemnification under the User Agreement. And in such situations, you shall do all things possible, sign all documents necessary and otherwise provide us with all and any reasonable cooperation as and when requested.

Limitation of Liability
No Indirect or Consequential Damages. To the fullest extent permitted by applicable law, the firm and its related parties will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or in connection with the User Agreement, the use of the Site and the Site’s Resources (including without limitation the inability to use same), or any application using the Site or the Site’s Resources.

No Liability for Transactions or Delays. In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, the firm and its related parties will not be liable for (a) any damages arising out of or in connection with any services, products, purchases, or transactions entered into through the Site and the Site’s Resources, or (b) delay by the firm and its related parties in performing their respective obligations under this User Agreement, regardless of whether the failure or delay is caused by an event or condition beyond their respective control.

Limited Aggregate Liability. In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will the aggregate liability of the firm and its related parties arising out of or in connection with this User Agreement or the transactions contemplated hereby, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of fees (if any) earned by us in connection with your use of the Site and the Site’s Resources during the one-month period immediately preceding the event giving rise to the claim for liability.

Maximum Effect. The laws of certain jurisdictions may not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this User Agreement. The liability of the firm and its related parties is limited to the greatest extent permitted by law.

Disclaimer, Limitation of Warranties
The information on the Site is provided with the understanding that the authors and publishers (including the firm) are not herein engaged in rendering legal or other professional advice and services. Accordingly, it should not be used as a substitute for legal or professional advice. Before making any decision or taking any action as a result of visiting this site, you should always consult an AG Professional.

In or by using the Site, you understand, accept and agree that all the Site’s Resources are provided “as is” and “as available” and that we disclaim absolutely any and all warranties, guarantees and claims to the fullest extent permitted by law. And included in the foregoing but without limitation, we do not represent or warrant to you that:
i) its use will meet your needs or requirements;
ii) its use will be uninterrupted, timely, secure or free from errors;
iii) the information obtained from its use will be accurate or reliable, and
iv) any defects in the operation or functionality of the Site’s Resources will be repaired or corrected.

Furthermore, in or by using the Site, you understand, accept and agree that:

v) any content downloaded or otherwise obtained through the use of the Site’s Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether express or implied, obtained by you from the Site’s Resources shall create any warranty, guarantee, or condition of any kind, except for those expressly contained in the User Agreement.

Copyrights/Trademarks
All content and materials available on the Site including, without limitation, text, graphics, website name, code, images and logos are the intellectual property of the firm, and are protected by applicable copyright and trademark law. Any unlawful use of same, including without limitation, the unlawful reproduction, distribution, display or transmission of any content or materials on the Site is strictly prohibited, unless authorized in writing by the firm or its lawful third party proprietors.

Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your use or access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of the User Agreement. Any suspicion on our part of illegal, fraudulent or abusive activity may be grounds for suspension or termination of such use or access and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Site will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

If you have any questions or comments about the User Agreement, you can contact us at:

AICLA Global
Level 29, 221 St George’s Terrace, Perth, WA 6000
E: aicla@australianimmigration.com.au
(put in subject line: “Administration Department”)

Privacy Policy
This Privacy Policy sets out how the firm protects the privacy of personal information that is collected through the Site or directly from you.  We are committed to ensuring that your privacy is protected. Please read this Privacy Policy carefully.

Should we ask you to provide any information by which you can be identified when using the Site, we assure it will only be used in accordance with this Privacy Policy.

You may choose whether or not to provide any personal information to us.  Please note however that if you do not do so, this may affect your use of the Site.

This Privacy Policy may be amended from time to time with changes, additions and deletions, at the firm’s sole discretion. You should check this page regularly to ensure that you are aware of any changes. Your continued use of the Site following any amendments indicates that you accept the amendments.

Collection of personal information
The information that we collect may include:

  • names;
  • dates of birth;
  • job titles;
  • contact information, including email address;
  • demographic information such as postcodes;
  • other information relevant to the customisation of a document on the Site;
  • information about your business or personal affairs;
  • information about your legal needs;
  • other information relevant to client surveys and/or promotions; and
  • other information requested on the Site

As is customary, we too may log any information about or relating to your access and use of the Site, including through the use of Internet cookies.

We may contact you for your views via questionnaires, surveys or market research to seek your opinion and feedback.  Providing this information is absolutely optional to you.

We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

Use of personal information
We collect and use personal information for the following purposes:

  • to provide information, products and services to you;
  • to respond to any of your queries including queries for advice and services;
  • to provide information to our team of lawyers and consultants for the purposes of professionally advising and assisting you;
  • to better understand your needs, enabling us to improve our products and services;
  • for internal record keeping;
  • to circulate promotional emails about new products and services, special offers or other information which we think you may find useful or interesting;
  • to contact you for market research purposes;
  • direct marketing; and
  • to customise the Site according to your interests

We may contact you by a variety of measures including by telephone, email, sms or mail.

Disclosure of personal information
We may disclose personal information:

  • for the purpose of providing information, products and services to clients;
  • to credit reporting agencies and courts, tribunals, regulatory authorities where clients fail to pay for goods or services provided by us to them;
  • to courts, tribunals, regulatory authorities, and law enforcement officers as required by law, in connection with any type of legal proceedings, or in order to establish, exercise or defend our legal rights;
  • to our team of lawyers and consultants for the purpose of providing information and services to you;
  • to any relevant third party or parties, with our client’s consent, if the matter involves third parties; and
  • to third parties, including agents, referral partners, contractors and sub-contractors for the purposes of providing information, products and services to you;  This may include parties located, or that store data, anywhere in the world

By providing us with personal information, you consent to this disclosure.  Where we disclose your personal information to third parties, we will request or otherwise seek to be satisfied that the third party follows principles contained in this Privacy Policy regarding handling your personal information.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.  This information may be disclosed to a potential purchaser.  We would seek to only disclose information in good faith and where we have sought to maintain confidentiality.

Security
We are committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic or managerial procedures to safeguard and secure that information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

No information transmitted over the Internet can be guaranteed to be secure.  We cannot guarantee the security of any information that you transmit to us or we transmit to you. This transmission of information is carried out at your request and at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot guarantee that personal information that we collect may not be disclosed in a manner that is inconsistent with this Privacy Policy.

How we use cookies
We may use cookies on the Site from time to time. A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs and preferences by collecting and remembering information about you.

We may use traffic log cookies to identify which pages are being used. This helps us analyse information about web page traffic and improve the Site by tailoring it to your needs. We use this information for statistical analysis purposes only.

In general, cookies help us provide you with a better online experience, by enabling us to monitor which pages you find useful or not. A cookie does not give us access to your computer or any information about you, other than the data you provide to us.

You can choose to accept or decline cookies. This may, however, prevent you from taking full advantage of the Site.

We may also use web beacons on the Site from time to time. Web beacons or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

Links to other websites
The Site contains links to other websites of interest. We do not have any control over those websites and so we are not responsible for the protection and privacy of any information which you provide whilst visiting such websites and such websites are not governed by this privacy policy. Please exercise caution when accessing such websites and look at the privacy policy applicable to the website in question.

Unsubscribe: To unsubscribe from our e-mail database, or opt out of communications, please write to our Privacy Officer – see below.

Complaints
If you believe that we have breached this Privacy Policy and wish to make a complaint about that breach then please email us setting out details of the breach. We will investigate your complaint and will endeavour as soon as possible to respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

To contact our Privacy Officer, please write to:
AICLA Global
Level 29, 221 St George’s Terrace, Perth, WA 6000
E: aicla@australianimmigration.com.au
(put in subject line: “Privacy Officer”)