Terms & Conditions
Last updated: 14.06.2019
We are Immiwork Pty Ltd incorporated in Australia under Australian Company Number (ACN): 631264554. 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;
- ‘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;
- ‘Immiwork’ means the website with the domain name immiwork.com or Immiwork Pty Ltd as the context so requires;
- ‘Immiworker’ means a migration professional who has an active account in Immiwork website.
- ‘User’ means any registered person who uses Immiwork;
- ‘User Content’ means all Content uploaded, submitted, distributed, or posted to the services by Users/
2 The cheat sheet
A) Immiwork operates as an immigration directory and listing for migration professionals from around the world. The professionals on this directory are not the employees of Immiwork.
B) Immiwork does not have any sponsorship by, or any affiliation with the governments or regulatory bodies of any country, 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. 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.
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 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 protected].
6 About Immiworkers
6.1 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.
6.2 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 [email protected] 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.
6.3 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.
6.4 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 protected] . 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.
6.5 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.
7 Related Policies
The following policies are part of these terms and conditions and should be read carefully:
8 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.
11 Disputes between you and Immiwork
11.1 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 [email protected] 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 protected].
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 NSW, 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: [email protected]. 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.
13 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.
14 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.
15 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.
16 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).