Terms & Conditions
Last updated: 10.04.2019
We are Immiwork Pty Ltd incorporated in Australia under Australian Company Number (ACN): 06369697. These are our terms and conditions. By using our site, you indicate that you accept these terms and conditions, and the referenced policies, and that you agree to abide by them.
- ‘Billing’ is the total invoices paid during the month;
- ‘Client’ means a person buying services from an Immiworker on Immiwork;
- ‘Commencement of the project/application’means either the purchase of an Offer by the Client or acceptance of a Proposal for a custom project/application by the Client in the Work stream;
- ‘Content’ means such things as data, text, photographs, videos, audio clips, written posts and comments, graphics, User content and interactive features generated, provided, or otherwise made accessible on or through Immiwork;
- ‘Guest’ means an unregistered user of Immiwork;
- ‘Dispute’ means a dispute raised in relation to a rejected Invoice or a rejected Refund Request;
- ‘Escrow Account’ means the virtual account where money is deposited on Commencement of the project/application and is only released in accordance with these terms and conditions;
- ‘Offer/Proposal’ means a pre-packaged service, that is offered on Immiwork by an Immiworker for a fixed price.
- ‘Invoice’ means a bill for a completed project/application which is raised by the Immiworker in the Work stream or in the Immiwork payments dashboard;
- ‘Project/application’ means a piece of work that an Immiworker and Client agree via Immiwork is to be provided by the Immiworkerer to the Client. Project/Application refers to work either agreed when the Client purchases an Offer, or when a Proposal by an Immiworker is accepted by the Client for a custom project/application;
- ‘Immiwork’ means the website with the domain name immiwork.com or Immiwork Pty Ltd as the context so requires;
- ‘Immiwork User Account’ means a User’s Immiwork persona, profile, settings, activities, invoices, transactions and funds balance available for you to withdraw;
- ‘Immiworker’ means a person providing/selling services to a Client via Immiwork; currently only Immigration lawyers, Migration agents, NAATI translators and approved educational agents can be immiworkers.
- ‘User’ means any registered person who uses Immiwork;
- ‘User Content’ means all Content uploaded, submitted, distributed, or posted to the services by Users, including without limitation, Proposals and communication via the Work stream. User Content does not include any materials or deliverables, or intellectual property therein arising from a project, which shall be assigned to the Client on successful payment for the project. User Content is the sole responsibility of the person who originated it;
- ‘Work stream is where all the communication between Client and Immiworker is conducted in private. Via the work stream, the parties can exchange information including attachments, send a Proposal/Offer or raise an Invoice, make payments, request a refund or raise a Dispute in relation to a project/application.
2 The cheat sheet
A) Immiwork operates a platform linking Immiworkers (Immigration Lawyers, Migration agents, Translators and Educational agents) to Clients from around the world. It also operates as a Directory for Immiworkers.
B) Immiwork is an online Directory and Marketplace for immigration assistance and translation services and educational services that makes it faster and easier for Clients to access Immiworkers solely based on their preferences. Immiwork is not a law firm or immigration firm, is not engaging in a legal or immigration practice and does not act as lawyers or migration agents or educational agents or translators. Immiwork does not provide legal or immigration advice. Immiwork provides general information, nothing on this site is legal or immigration advice and you cannot rely on it and should always consult a lawyer or a migration agent to get certainty of your legal and immigration rights and obligations.
C) While we endeavour to keep the information provided in our website, up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
D) Third party trademarks mentioned in this website are not owned by Immiwork Pty Ltd. These trademarks have been depicted on some pages for purposes of comparison and/or demonstrating the background of at least some of the Immiworkers available on the Immiwork platform.
E) Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Services are offered on Immiwork through Offer and acceptance which will lead to a formal contract with Fixed price services. Immiwork also offers Directory services for Immiworkers for which they choose our premium services as well. The payment arrangements are described under Payment arrangements below. Services delivered in these ways on Immiwork are collectively referred to in these terms as “projects/applications”. Whether or not a project/application is offered and/or accepted is entirely at the discretion of the Immiworker/Client. Immiwork has no control over this process. Services are provided by Immiworkers directly to Clients, who determine the deliverables, price, payment arrangements and all other requirements.
On Commencement of a project/application and signing the contract the client pays funds into our Escrow Account.
Immiworkers must deliver work within the delivery times either defined in their Offer, or agreed with the Client upfront in their contract. Immiworkers’ rankings will be penalised for late delivery.
Immiworkers must fulfil their projects/applications and Clients agree to pay for work delivered. Users will be penalised for cancellations or refunds caused by them, without just reason. If applicable and doable, Immiworkers must provide, and be given the opportunity by the Client to provide one further iteration on the work if the Client is not initially satisfied and if the nature of the work makes it applicable.
2.2 Payment of invoices
Immiworker, will raise a request to receive funds held in the Escrow Account, as per the payment arrangement agreed upon in their contract. Clients must authorise us to pay within the 7day payment terms. If no authorisation is given and no objection to/rejection of invoice is raised by the Client in 7-day term after the invoice was issued, Immiwork will release the funds to Immiworker. If the funds held in the Escrow Account are released to the Immiworker, Immiwork and the Immiworker will be entitled to assume that the Client is satisfied with the project/application and does not have a dispute of any kind in relation to the project. The Client agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal etc.
If the Client does not agree that the project/application has been satisfactorily completed at the stages prior to lodgement (if applicable) then they can reject the Invoice. The Client must then provide the Immiworker with detailed feedback in the work stream on what work remains outstanding and why they are not satisfied. The Immiworker must provide, and be given the chance to provide, one iterations of the work (if applicable) based on detailed feedback from the Client
The fees charged in the Invoices issued by Immiworkers should be as has been explicitly agreed upfront in the contract. The payment terms for the invoices are seven (7) days and if the invoice is not paid within this period of time, the Immiworker or Immiwork is entitled to unilaterally terminate or cancel the contract. If requirements/ scope changes materially during a project/ application the Immiworker may need to propose a change to a previously agreed price. This must be explicitly agreed by the client, in the work stream and an amendment to the contract before any extra work is undertaken so that the Client can confirm whether they wish to proceed with the additional scope for the extra cost.
The Immiworker must not request a release of funds from the Escrow Account contrary to what is agreed upon in the contract. Clients must report such cases immediately. In such cases the Immiworker’s account may be temporarily or permanently suspended.
Immiwork acts as an Agent of Payment between the Client and Immiworker. In return for full invoice payment by the Client for the project/application, Immiwork agrees to discharge the Clients obligations relating to debts owed to the Immiworker under this agreement. Immiwork agrees to make such funds available to the Immiworker balance in seven (7) days, subject to fraud and Anti Money Laundry (AML) procedures. Immiworkers are then able to withdraw those funds subject to the setting up of a valid withdrawal account. Immiwork takes its obligations to prevent fraud and money laundering seriously and reserves the right to delay payments to Immiworkers if fraud or money laundering is suspected. All payments for work completed must go via Immiwork unless Immiwork has given its express written permission otherwise in relation to a specific payment or invoice; attempts to pay outside of Immiwork will lead to sanctions not limited to immediate account suspension. Users must immediately report to Immiwork any offers to pay outside of Immiwork made by their Client or Immiworker.
On purchase of an Offer and signing the client engagement/service contract the Client transfer funds to the Escrow Account in maximum seven (7) days. If the funds are not transferred within this 7-day period, Immiwork and Immiworker will assume that there is no contract. Upon receipt of the funds in the Escrow account, the Immiworker must:
All direct communication between Client and Immiworker must go via the work stream to keep both parties protected in case of a Dispute.
2.4 Payment Arrangements
All offers are fixed price at Immiwork. No extra professional fees can be obtained at later stages. No hourly rate is allowed at Immiwork. If separate items of work are involved, each item must be at fixed price.
If application fees/assessment fees/governmental fees/surcharges or any other similar fees are involved, Immiworkers must clearly state the exact figures in their contract before the client sign it.
Client must pay the full amount of requested funds (professional fees plus other related fees as per contract) upon signing the contract.
Funds held in the Escrow account will be released to Immiworkers as per their contractually agreed payment arrangement and as follows:
2.5 Funds in users’ accounts
Immiwork is not a bank and only holds funds for the purposes of settling the provision of services and specific invoices of Immiworkers. We strongly recommend that all users do not hold dormant balances on the platform. No user is permitted to hold a dormant balance on the platform for more than 30 days. Immiwork reserves the right to apply Admin Fees or write downs to dormant balances until they are withdrawn or become zeroed. Funds held by Immiwork on the platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency. Immiwork hold the funds in a separate client account.
Once payment has been made, Clients are granted all rights for the delivered work.
For purposes of service messages, notices, offers and news about Immiwork, Users receive alerts on certain pages and emails to the email addresses associated with their accounts. If you do not want to receive newsletters, announcements, or other communications and/or services from our Site, please do not opt-in for those communications or services at the time of registration. If you have opted-in and, at a later time, wish to opt-out, please click on the relevant link inserted in our communications. In every Interesting and Important e-mail communication sent to you, we provide you the opportunity to discontinue receiving future communications (i.e., unsubscribe). Simply follow the unsubscribe process or directions provided in these emails. For the orderly operation of the platform, users cannot opt-out from essential emails such as when receiving an invoice or when a Client requests a refund.
By accepting these terms, Immiworkers automatically opt-in to receive emails from Immiwork.
Immiwork takes privacy and data security extremely seriously and users may opt out from receiving project/application invites and email notifications from Immiwork.
3 User accounts
To access the full Immiwork site, Users have to register for an account, provide accurate and complete information, and keep their account information updated. Both Clients and Immiworkers undergo certain account registration process.
Each account must be a personal account, but Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated).
Users cannot register for more than one account.
The information that users supply in the public profile of their account must comply with Immiwork Profile Policies.
Immiwork reserve the right to restrict your access, temporarily or indefinitely block your account, stop any projects/applications you have in progress, warn other Clients and Immiworkers of your actions or issue you a warning if:
Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking). Users may never use another person’s user account or registration information for the Website.
You confirm that you are not economically barred/limited under sanctions rules of any country worldwide. If your circumstances change to be included in such lists, please cease using Immiwork immediately.
As per Australia’s regulation, Immiwork is unable to support users from North Korea, Iran, Syria, Cuba, Sudan (Republic of Sudan or North Sudan), South Sudan (Republic of South Sudan) and Region of Crimea.
4 Project/Application Delivery
All Immiworkers must deliver a high standard of work, appropriately meeting their Client’s needs as well as the regulatory bodies and licensing bodies’ Rules, regulations, Codes of Conduct and all applicable laws in the country where the Immiworker is registered.
Specifically, Immiworkers must ensure that all works are:
4.2 Important bits:
A) The Client and Immiworker decide on the type of project/application, the terms and conditions of “projects/applications”, including deliverables, any specific requirements, and for “projects/application” the price, directly between them. The Client and Immiworker create a direct client engagement/service contract (‘contract’) between themselves and Immiwork are not party to that contract.
B) Subject to this being varied as part of the Contract, ownership in and to any materials and or deliverables arising from a project/application and any intellectual property rights therein, will be assigned to the Client upon successful payment to the Immiwork.
C) Subject to variation in the Contract, the terms and conditions of each project/ application shall be deemed to incorporate a term that in consideration of the fee paid for the project/application the Immiworker thereby assigns to the Client absolutely with full title guarantee the following rights throughout the world:
D) You promise that:
A) All payments between Client and Immiworker must be processed through Immiwork for work sourced on Immiwork and for any follow-on work between the Client and Immiworker, either for the same project/application or another project/application. An Immiworker may seek express written permission from Immiwork to allow payment by alternative means for a specific invoice or payment if the Immiworker intends to issue proceedings or pursue legal action against the Client.
B) Payment (or attempt of) outside of Immiwork is a breach of these terms and conditions unless the prior express written consent of Immiwork has been obtained. Such payment (or attempt of) and will lead to temporary and/ or permanent suspension of the Client and/or Immiworker’s account. The Immiworker will be liable for any loss of business and legal expenses that Immiwork may incur in recovering it. Immiwork reserve the right to sanction funds held in the Immiworker’s Account to recover lost fees. Moreover, Immiwork will not mediate any Disputes or be liable to either the Client or Immiworker’s loss of business because of violation of this clause. Users must report attempts or offers to make payment outside of Immiwork by their Client or Immiworker to Immiwork immediately.
C) Payments by Clients are routinely checked by Immiwork for fraud prevention purposes, before any payments are released to the Immiworker. Immiwork aim to process these payments and credit funds to the Immiworker’s Immiwork User Account within three (3) working days, however Immiwork reserve the right to take up to ten (10) working days.
D) To withdraw funds from their Immiwork User Account an Immiworker needs to request a withdrawal on an authorized withdrawal account. An authorized withdrawal account can be either:
Immiwork process payments daily and will send the money to the Immiworker via their selected payment preference. Once Immiwork has processed payments, they are then subject to timescales imposed by the banking clearing system in Australia and other countries (in case of international transfers).
E) For security reasons, Immiwork reserves the right to request additional information from Clients and Immiworkers, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:
F) For credit/debit card users (one of the following):
G) For PayPal users:
H) For international Bank transfers, credit to the beneficiary may be delayed by factors such as local bank holidays, delays by an intermediary bank or other local conditions. Please note that some countries have been designated as “slow-to-pay” countries, and transfers made to those countries may take several days or even weeks in crediting the receiving account. Please see a complete listing of slow-to- pay countries.
I) In using the Escrow Account Immiwork act, subject to these terms and conditions, on the User’s behalf. Immiwork hold the funds in a separate client account. Immiwork is not a bank and only holds funds for the purposes of settling the provision of services and specific invoices of Immiworkers. We strongly recommend that all users do not hold balances on the platform. Funds held by Immiwork on the platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency. Users will not receive interest or other earnings on the funds in their Escrow Account or Immiwork User Account. Immiwork will endeavour to ensure that the funds in the Escrow Account or Immiwork User Account are available to the User in accordance with these Terms and Conditions but do not guarantee that they will be available to the User in circumstances which are unforeseen or beyond our control.
J) If Immiwork have to return funds to the Client due to the Client (contrary to these Terms and Conditions) filing a dispute or requesting a payment be reversed through its credit card provider, bank or Paypal then Immiwork will be entitled to recover any such amount from the Immiworker’s Immiwork User Account (and if insufficient monies are in the Immiworker’s Account), credit card or other previously made payment method if available. If Immiwork is unable to recover the amount returned to the Client from the Immiworker in full then the Immiworker agrees to pay to Immiwork any outstanding sums within two (2) days of Immiwork making a request.
K) To prevent funds being held indefinitely in the Escrow Account, Immiwork will notify the Immiworker in the event of funds being held in an Escrow Account for a project/ application that i) does not have an unpaid Invoice nor an open Dispute; and ii) has not had any activity in the work stream for a period of one (1) calendar month or longer. Activity is defined as any action by the Client or Immiworker in the work stream such as: a message posted, an Invoice is raised, a deposit into the Escrow Account made or a Refund Request raised.
L) Immiwork uses third-party service providers such as paypal, etc. to process payments by Clients and to transfer funds to Immiworkers. These third-party payment service providers are regulated and authorised to provide payment services in the countries where they operate. Immiwork may share your personal or transactional information with third-party payment service providers when it is necessary to process payments.
6 Leaving Feedback
When the project/application is completed and the Immiworker has been paid by the Client, the Client is asked to provide both qualitative feedback and a rating from 1-5 for the Immiworker. This rating influences Immiworker’s ranking on Immiwork. A review (feedback) is published on the Immiworker’s profile page when the Clients leave their feedback after final invoice payment (funds released / amount paid).
Users should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to Immiwork.
Immiworkers can report feedbacks to us. Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.
7 Cancellations and refunds
7.1 Cancellation of a project
After the Commencement of a project/application, the Client or Immiworker may request a cancellation:
Once notified of a cancellation:
7.2 Project/Application Refund policy
A) A Client is entitled to receive a refund of funds held in the Escrow Account under the following circumstances:
B) Client and Immiworker may mutually agree to a refund for reasons other than the previous clause however authorization of such refunds will be subject to a review by Immiwork, as defined in Section 7.2.1, that clearly states that Immiwork will process approved (or non-actioned) refund requests back to the Client’s Immiwork User Account subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If Immiwork reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations Immiwork shall not be obliged to make the refund.
C) Refunds are only applicable to funds held in the Escrow Account. As per Section 4, funds should only be paid out of the Escrow Account once the Client is satisfied that the project/application has been completed. By releasing funds from the Escrow Account the Client accepts that this money is non-refundable.
D) Clients must avoid filing a dispute or reversing payment through their credit card holder, Bank or PayPal. Attempts to seek a refund in this way will lead to the Client’s account being automatically suspended.
7.2.1 Requesting a refund
A) A Client can request a refund of the funds held in the Escrow Account using the “Request Refund” action in the work stream and specifying a reason for their request:
B) Immiwork will process approved (or non-actioned) refund requests back to the Client’s Immiwork User Account subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If Immiwork reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations Immiwork shall not be obliged to make the refund.
7.2.2 Refund and cancellation penalties
Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the Immiwork marketplace as follows:
8 Disputes between Immiworker and Client
Immiwork encourage Immiworkers and Clients to try and resolve any disagreements between themselves. However, should that not be possible Immiwork Customer Services can provide Dispute resolution. To raise a dispute, Users are required to pay a non-refundable handling fee as per section 9.2
A Dispute can be raised:
9 Immiwork fees
9.1 Client Fees
Client fees are broken down as follows:
- Currently Clients do not pay any fees to Immiworker. However, they bear all possible costs of transferring the funds to Immiwork’s Escrow Account or any other account nominated by Immiwork.
- We may make changes to our service fees from time to time. These changes will be reflected in updated terms issued by us, which will apply to any transactions which take place after the updated fees come into force.
- All possible costs and fees incurred as a result of refund to Client must be borne by the Client and will be deducted from the existing fund prior to transfer of fund. These costs may include but are not limited to bank or gateway transfer fees (if applicable) and 5% of the refund amount as Immiwork handling fee if the refund was the result of mutual agreement in the client engagement/service contract (not a result of dispute).
9.1.1 NDA Fee
Immiwork shall make available, upon payment of an optional fee of 50 AUD, a non-disclosure agreement (NDA) for the Immiworker and the Client to use in relation to a project/Application. Said fee will not be refundable. In providing the NDA we exclude all warranties in respect of and all liability for the following:
9.2 Immiworker fees
9.3 Zero Service Fee scheme
The Zero Service Fee scheme enables Immiworkers to apply the benefit of the tools available on Immiwork to the work with their existing client base for no Service/referral Fee. To participate in this scheme Immiworkers invite a client that they already have a working relationship with outside of Immiwork (“Existing Clients”), to join Immiwork by entering their email address in a special invitation form (“Immiwork Invitation”). Clients that receive invitations by Immiworkers through the zero service scheme and successfully sign up on Immiwork, will receive a 100 AUD coupon which will be automatically added upon checkout of their first purchase on Immiwork (First purchase should be the equivalent of 1000 AUD or more).
If the amount of coupons redeemed by Clients, invited by a single Immiworker, reach 300 AUD within a month (i.e 30 day period), then said Immiworkerer will not be able to send out any more invitations to Clients to join the Zero Service Fee scheme for that month (i.e 30 day period).
9.3.2 No Service Fee
Subject to the eligibility conditions in Section 9.3.3 all payments made by Existing Clients to the Immiworker through payment of Invoices on Immiwork will not be charged the Service/Referral Fee described in Section 9.2. The full invoiced amount paid by Existing Clients will be deposited in the Immiworker’s Immiwork User Account and be available for withdrawal in keeping with these terms and conditions. Similarly, subject to the eligibility conditions in Section 9.3.3 all payments made by Clients to Existing Immiworkers through payment of Invoices on Immiwork will not be charged the Service/Referral Fee described in Section 9.2. The full invoiced amount paid by Clients to Existing Immiworkers will be deposited in the Existing Immiworkers’ Immiwork User Accounts and be available for withdrawal in keeping with these terms and conditions.
As an Immiworker, to be eligible for the Zero Service Fee scheme for payments made by your Existing Clients:
- you must have an active User account on Immiwork;
- you may not invite yourself to the Zero Service Fee scheme;
- the work with your Existing Client was not originally sourced on Immiwork;
- your Existing Client should not already have a User account (active or inactive) on Immiwork;
- your Existing Client must sign up for a User account using the activation link they received in their Immiwork invitation;
- after sign-up, your Existing Client must pay at least one of your Invoices through Immiwork.
There is no limit to the number of Existing Clients that can be invited under this scheme.
As a Client, to receive the reward and allow your Existing Immiworker to benefit from the Zero Service Fee scheme:
9.4 Admin fee for inactive User accounts
Immiwork is not a bank and only holds funds for the purposes of settling the provision of services and specific invoices of Immiworkers. We strongly recommend that all users do not hold dormant balances on the platform. No user is permitted to hold a dormant balance on the platform for more than 30 days. If a User has held dormant funds in their Immiwork User Account for a period of 30 days or more then Immiwork reserves the right to charge a monthly administration fee of 10 AUD for holding those funds on behalf of the User. This fee will be automatically collected each month from the funds in the User’s Immiwork User Account starting from the 31st calendar day. The collection of this fee will end when either i) funds held are less than 30 days old, ii) the balance is cleared.
9.5 Currency Conversion
If you require a transaction within the Immiwork site which involves a currency conversion, it will be completed at a foreign exchange rate determined by an official institution, which is adjusted on a regular base. Exchange rates fluctuations are not under Immiwork’s control. A Currency Conversion Fee of 4% will be applied every time Immiwork performs a currency conversion. When a currency conversion is available by Immiwork, you will be shown the exchange rate that will be applied to the transaction before you proceed with authorising the payment transaction. By accepting this transaction, you also agree to the exchange rate currency conversion terms.
10 Referral Programme
The Immiwork Referral Program is a program that allows Users to receive certain benefits in their User account (“Referral Reward”) if they refer a non-Immiworker user (“Referred User”) to Immiwork and they then make a qualifying purchase on the site (“Successful Referral”). Users perform this referral by submitting the email address of the Referred User on a special referral form or by sharing a special referral link found through Immiwork (“Referral Invitation”).
10.2 Referral Reward
Referrers will receive a coupon of 100 AUD per each referred user Subject to the eligibility conditions in Section 10.3. Said coupon will be redeemable upon checkout for purchases of at least 1000 AUD or their currency equivalent.
To be eligible for the Referral Reward:
There is no limit to the numbers of referrals for each user.
10.4 Discontinuance or modification
Immiwork reserves the right at any time to modify or discontinue the Referral Program either temporarily or permanently with or without notice. Immiwork will not be liable to you in the event of any modification, suspension or discontinuance of the Referral Program. Non-fraudulent accrued Referral Rewards are not affected by suspension or discontinuance of the Referral Program.
Immiwork reserves the right to not grant or to remove any previously granted Referral Reward from your User account should any of the Immiwork terms and conditions not be met. Immiwork reserves the right to suspend the User account or remove Referral Reward should abusive or fraudulent activity regarding the Referral Program be suspected at the discretion of Immiwork.
Users may receive funds deposited directly in their Immiwork User Account as part of a promotion or as a Referral Reward (see Section 10); or alternatively receive a promotional code for a fixed or percentage discount on services purchased on Immiwork (“Vouchers”).
- will be for the exclusive use of purchasing services on Immiwork, their monetary value will not be available for withdrawal from Immiwork.
- where the voucher is a direct deposit of funds in the user’s Immiwork User Account, the currency of the voucher will be the one that corresponds to the highest balance in the User’s Immiwork User Account in case there is one that is higher than the other two or in any other case.
- where the voucher is in the form of a promotional code, the code can only be used once even if the voucher is used in a transaction for less than the monetary value of the voucher.
12 General terms of website use
The Immiwork terms of website use define how Users may make use of Immiwork whether as a guest or a registered user. They contain very important points so please read them carefully.
Immiwork may use your personal data to gather feedback regarding your experience you may have with our platform. This helps our business grow by assembling useful information from our end-users.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers. If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notice of alleged infringement by emailing to email@example.com.
15 About Immiworkers
15.1 The Immiwork Rating system
An Immiwork Rating reflects Immiwork’s assessment of a given Immiworker, based upon the information obtained by or submitted to Immiwork. Someone else’s assessment of the same Immiworker may be very different, or be based upon different information. An Immiwork Rating is not an endorsement of any particular Immiworker, and is not a guarantee of an Immiworker’s quality, competency, or character. Nor is the Immiwork Rating a predictor of the outcome of any matter in which such Immiworkers are involved. Rather, the Immiwork Rating is intended to be a starting point to gather information about Immiworkers who may be suitable for your needs, but you should not rely solely on the Immiwork Rating in deciding whether to contact or hire any given Immiworker.
15.2 Information on the services
Our Services display both Immiwork-created content and content that is not created or developed by Immiwork (the ” Information”). We may review third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not routinely screen third-party content that is published via our Services. This includes the Information that Immiworkers post on Immiwork, and we cannot guarantee the accuracy, adequacy or quality of any such Information, or the qualifications of those posting it.
If Immiworkers believe information on their profiles is not current or correct, they should immediately rectify the issue or contact us at firstname.lastname@example.org to get us to correct the information. We will double check the information with the relevant regulatory body or licensing authority before making any changes.
15.3 No formation of an Immiworker-client relationship or professional privilege
The Information found on Immiwork is intended for general informational purposes only and should be used only as a starting point for addressing your issues. The Information is not the provision of legal/Migration/Education/Translation or other similar services, and accessing such information, or corresponding with or asking questions to an Immiworker via the Services, or otherwise using the Services, does not create an Immiworker-client relationship between you and Immiwork, or you and any Immiworker. It is not a substitute for an in-person or telephonic consultation with an Immiworker licensed to practice in your jurisdiction about your specific issue, and you should not rely on such Information. You understand that questions and answers or other postings to the Services are not confidential and are not subject to any professional privilege.
15.4 Directory premium services and Pricing/refund policy
Immiwork offers optional Premium Services or memberships for Immiworkers. By selecting a Premium Service, you agree to pay Immiwork the subscription or usage fees indicated for that service. Payments for subscription services will be charged on the day your Premium Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments will continue to be charged to your credit card on a recurring basis until you cancel your service. The amount of the monthly recurring charge will be the then-current subscription fee applicable to the Premium Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Premium Services other than advertising, websites, or Ignite must be cancelled prior to your monthly renewal to avoid billing of the next month’s Premium Service fee. For advertising services, websites, or Ignite, Immiwork must receive written notice of your cancellation or reduction in service at least thirty (30) days in advance of the monthly renewal date on which you wish to make the cancellation or reduction effective. All cancellations or reductions of advertising services must be received in writing by email email@example.com . Premium Service fees are not prorated or refundable.
If your payment method fails or your account is past due, Immiwork reserves the right to either suspend or terminate your Premium Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Premium Services. You agree to submit any disputes regarding any charge to your account in writing to Immiwork within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Premium Services may include the publication of advertising or website content you provide to us (the “Premium Services Content”). You retain all rights in, and are solely responsible for, the Premium Services Content posted on Immiwork or websites supported by Immiwork. You give Immiwork, our affiliates, providers of third party services, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute the Premium Services Content (in whole or in part) in providing the Services.
15.5 Advertising and communications
It is solely the responsibility of Immiworkers to ensure that any information or advertisements they post or place on the Immiwork website (including without limitation any Legal/Migration/education/translation or similar Information), and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
16 Related Policies
The following policies are part of these terms and conditions and should be read carefully:
17 Waiver, severability, and assignment
Immiwork’s failure to enforce a provision of these terms and conditions is not a waiver of its right to do so later. If any provision of these terms and conditions is found unenforceable, the remaining provisions will remain in full effect and an enforceable terms and conditions will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these terms and conditions, and any attempt to do so will be void. Immiwork may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Notwithstanding any of these terms and conditions, Immiwork reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. Immiwork reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
Some of our Services allow you to download some softwares (“Software”) which may update automatically; you agree that these terms will apply to such upgrades. So long as you comply with these terms and conditions, we give you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these terms and conditions. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
20 Disputes between you and Immiwork
20.1 Mandatory Arbitration and Dispute Resolution
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. You may send us the details of your concern to firstname.lastname@example.org However, if Immiwork is not able to informally resolve your complaint, you and Immiwork agree to refer the dispute to the Australian Commercial Disputes Centre (ACDC) for final settlement by a single arbitrator appointed in accordance with the Rules of the ACDC, or by another dispute resolution process suggested by ACDC and accepted by the parties. Any fees payable to ACDC or to the person appointed by ACDC must be paid by the parties equally.
The following applies to any arbitration proceedings between you and Immiwork:
Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought. This notice may be sent via email to email@example.com.
Any arbitration must be commenced by filing a demand for arbitration with ACDC within One (1) Year from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead. You may choose the location of any in-person hearing from either your county of residence; or, if you are a business, the county of your principal place of business; or, Immiwork’s principal place of business in QLD, Australia.
Notwithstanding our agreement to arbitrate disputes as provided above, the following exceptions will apply to the resolution of disputes between us:
Disputes not Covered by Arbitration: In the event that arbitration is found to be inapplicable or unenforceable for any reason and if both parties, you and Immiwork, exercise the option to opt-out of arbitration, the claim at issue will be brought under judicial proceedings in federal or state courts in state of Queensland, Australia, and you and Immiwork consent to personal jurisdiction and exclusive venue in such courts.
Option to Opt Out of Arbitration: Immiwork and You may mutually opt out of this agreement to arbitrate. In this case, the mutual and post hoc agreement of both you and Immiwork must be obtained. To opt out, you must notify us in writing within 30 days of the date that you first became subject to the arbitration provision in these terms and conditions. To opt out you must send us a clear statement that you want to opt out of arbitration, along with your name, residence or business address, and the email address associated with your account to: firstname.lastname@example.org. Immiwork must reply to you in 30 days after you sent your request email. If Immiwork mutually agrees with your request, then both parties can opt out of arbitration.
No class action: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private lawyer-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.
You agree to defend, indemnify and hold harmless Immiwork, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable Immiworkers’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these terms and conditions or your violation of the rights of any third party.
22 Disclaimers and acknowledgements regarding use of information
While Immiwork strives to provide—and to allow Immiworkers to provide—useful information regarding Immiworkers and their services, there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that information may be incomplete, may contain inaccuracies, or may be based on opinion. Immiwork does not screen such information for accuracy or reliability. To the fullest extent permitted by law, Immiwork and its affiliates, suppliers and distributors make no warranties, either express or implied, about the services or software. The services and software are provided “as is”. Immiwork also disclaims any warranties of merchantability, fitness for a particular purpose, title and non-infringement.
23 Limitation of liability
To the fullest extent permitted by law, in no event shall Immiwork or any of its affiliates, suppliers and distributors, or any of their respective directors, employees and agents be liable for any special, indirect or consequential damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from A) the outcome of any matter B) your access to or use of or inability to access or use the services or software; C) any conduct or content of any third party relating to the services or software; or D) unauthorised access, use or alteration of information.
To the extent permitted by law, the total liability of Immiwork and its affiliates, suppliers and distributors, for any claim arising out of or relating in any manner to the use of the services or software, is limited to the amount you paid Immiwork to use the services to which such claim relates in the 12-month period preceding the filing of such claim. In the interest of clarity, this limitation also applies to premium services.
24 User posted content & other interactive services or areas
Immiwork includes interactive areas in which you may post content and information, including peer endorsements and user reviews, questions and answers, comments, photos, and other materials (the “User Content”). You retain all rights in, and are solely responsible for, the User Content you post to Immiwork. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to comply with the Immiwork terms and conditions. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these terms and conditions or our other policies.
When you post User Content to Immiwork, you give Immiwork and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the Immiwork platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
25 Governing Law
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the state of New South Wales, Australia. The courts of Australia shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).