(a) Welcome to the Migrova website (www.migrova.com). Migrova Pty Ltd (ACN 671 413 853) operates the Website as a platform facilitating interactions between service providers (“Providers”) and service receivers (“Receivers”). The Website assists in locating, communicating, arranging payments, and delivering services in a secure manner. These terms and conditions (“Terms”) govern your use of the Website and its associated products or Services. By accessing or using the Website, you agree to comply with these Terms. Please read them carefully
(b) These Terms also apply to all domains and subdomains associated with www.migrova.com.
(c) Migrova Pty Ltd reserves the right to update these Terms at its discretion. Any changes will take effect immediately upon publication. It is recommended that you keep a copy of these Terms for your records.
You accept the Terms by registering for the Services and or making any payment as required under the Terms for use of the Services. You may also accept the Terms by
clicking to accept or agree to the Terms where and if this option is made available to you by Migrova Pty Ltd in the user interface.
(a)In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (Account ).
(b)As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(vi) OMARA Registration
(c) You warrant that any information you give to Migrova Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
(d)Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.
(e)You may not use the Services and may not accept the Terms if:
(i) You are not of legal age to form a binding contract with Migrova Pty Ltd; or
(ii) You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
As a Member, you agree to comply with the following:
(a)you will not share your profile with any other person;
(b)you will use the Services only for purposes that are permitted by:
(i)the Terms; and
(ii)any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c)you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the
immediate cancellation of the Services;
(d)any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Migrova Pty Ltd of any
unauthorized use of your password or email address or any breach of security of which you have become aware;
(e)you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f)any content that you broadcast, publish, upload, transmit, post or distribute on the Website (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g)you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h)access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i)you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or
approved by the management of Migrova Pty Ltd;
(j)you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other
means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k)you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result
in termination of the Services. Appropriate legal action will be taken by Migrova Pty Ltd for any illegal or unauthorised use of the Website; and
(l)you acknowledge and agree that any automated use of the Website or its Services is prohibited.
Migrova Pty Ltd (“Migrova,” “we,” “us,” or “our”) operates an immigration marketplace connecting migrants, users, and applicants (“Service Receivers”) with migration agents,
lawyers, and legal professionals (“Service Providers”) for the purpose of facilitating the provision of migration and legal services. By using our platform, Service Receivers agree to
comply with the following terms to legally protect Migrova and all parties involved:
Service Requests
Service Receivers on the Migrova platform can engage migration agents and lawyers for migration or legal services. Service Receivers are responsible for verifying the qualifications, quality, and legality of the services offered by Service Providers on the platform. Migrova does not directly provide any legal services.
Compliance with Laws
Service Receivers must comply with all applicable laws and regulations when using the Migrova platform and seeking migration or legal services. It is the responsibility of Service
Receivers to ensure they are eligible to receive such services in their jurisdiction.
No Guarantee of Outcomes
Service Receivers acknowledge and agree that Service Providers do not guarantee the success of migration or legal matters. The outcome of cases is determined by various
factors and legal processes, and Service Providers shall not be held liable for the results. Use of Personal Information
Service Receivers may be required to share Personal Information with Service Providers during the provision of services. Service Receivers agree to handle this information in
compliance with all applicable privacy laws and regulations. Service Providers may access and utilize this information in accordance with Migrova’s Privacy Policy Code of Conduct
Service Receivers must adhere to ethical and respectful conduct when interacting with Service Providers through the Migrova platform. This includes providing accurate
information, treating Service Providers with respect, and maintaining the privacy and confidentiality of any information shared.
Dispute Resolution
In the event of disputes between Service Receivers and Service Providers, Migrova encourages both parties to seek an amicable and professional resolution. Migrova will
intervene dispute resolution where required but recommends good-faith negotiations to reach a resolution
Intellectual Property
All content, features, and functionality on the Migrova platform are the exclusive property of Migrova. Service Receivers are prohibited from copying, selling, modifying, or
reproducing any content from the platform without prior written consent. Termination.
Migrova reserves the right to terminate or suspend the account of Service Receivers and access to the platform in the event of a violation of these terms, breaches of policies, or
behavior detrimental to the user experience.
Changes to Terms
Migrova may make changes to these terms at its discretion. Significant changes will be communicated to Service Receivers. The continued use of Migrova’s services after any
revisions constitutes the acceptance of the revised terms. Contact Us
If Service Receivers have any questions or require clarification on these terms, please contact Migrova at info@migrova.com
User Consent:
By accessing or using the Migrova marketplace as a Receiver, you expressly consent to the collection, processing, and disclosure of your personal information in accordance
with our Privacy Policy. You acknowledge and agree that your use of the marketplace signifies your acceptance of this process.
Information Collection:
We collect personal information from Receivers as described in our Privacy Policy. This information may include, but is not limited to, contact details, immigration status,
location, and other relevant data necessary to facilitate the immigration process.
Data Usage:
Personal information collected from Receivers is used solely for the purpose of connecting them with registered migration lawyers and agents, facilitating the immigration process,
and ensuring the delivery of efficient services.
Information Sharing:
Migrova may share Receivers’ personal information with registered migration lawyers and agents on the Migrova platform to facilitate the provision of legal immigration services.
Receivers’ information will not be shared with any third party not involved in the immigration process without explicit consent, except as required by law
Security Measures:
Migrova employs robust security measures to protect Receivers’ personal information as outlined in our Privacy Policy. However, it is essential for Receivers to exercise caution
in sharing sensitive information with migration lawyers and agents.
Cookies and Tracking Technologies:
The Migrova marketplace may employ cookies and tracking technologies as described in our Privacy Policy to enhance user experience and collect usage data.
Receiver Control:
Receivers have the right to access, correct, or delete their personal information as outlined in our Privacy Policy.
Contact Information:
For any privacy-related concerns, inquiries, or requests, Receivers may contact our Data Protection Officer as detailed in our Privacy Policy.
Updates and Amendments:
Migrova reserves the right to update or amend this process in accordance with changes in applicable privacy laws and regulations. Receivers will be duly notified of any material
changes.
By using the Migrova marketplace as a Receiver, you acknowledge and agree to abide by this process and the terms and conditions stipulated in our Privacy Policy. Failure to
comply with these provisions may result in the suspension or termination of your access to the marketplace.
For a comprehensive understanding of how Migrova handles your personal information,
we strongly recommend reviewing our Privacy Policy.
This document delineates the legally binding process for Providers, specifically Migration Agents and Lawyers (“Providers”), seeking to utilize the Migrova marketplace, governed by
Migrova Pty Ltd (“Migrova,” “we,” “us,” or “our”). This process is subject to the terms and conditions articulated in our Privacy Policy.
Please carefully read these Terms of Service (“Terms”) before using the services provided by Migrova Pty Ltd (“we,” “us,” or “our”). These terms are applicable to service providers,
including migration agents and lawyers, who wish to offer their services through our platform. By accessing and using our platform, you agree to be bound by these terms and
Code of conduct by OMARA. If you do not agree with any part of these terms, please refrain from using our services.
(a)By Migrova Pty Ltd offering the Services to you, you agree that:
Payment Terms and Conditions – Privacy Agreement These Payment Terms and Conditions (“Payment Terms”) govern the financial transactions conducted within the Migrova marketplace, operated by Migrova Holdings Pty Ltd (“Migrova,” “we,” “us,” or”our”). By using the Migrova marketplace, including making or receiving payments, you agree to abide by these Payment Terms.
(b)All payments made in the course of your use of the Services are made using Stripe Paypal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe Paypal terms and conditions which are available on their website.
(a)All Providers agree to comply with the Australian Consumer Law. Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.
(b)Since Migrova Pty Ltd is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, Migrova Pty Ltd does not
hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
(c)Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Migrova Pty Ltd requires the Receiver to:
(i)contact the Provider directly to request a refund; and
(ii)if contacting the Provider is not successful after fourteen (14) days, contact Migrova Pty Ltd through the ‘Contact Us’ section of the Website outlining
why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
(a)The Website, the Services and all of the related products of Migrova Pty Ltd are subject to copyright. The material on the Website is protected by copyright under
the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the
Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive
features) or the Services are owned or controlled for these purposes, and are reserved by Migrova Pty Ltd or its contributors.
(b)All trademarks, service marks and trade names are owned, registered and/or licensed by Migrova Pty Ltd, who grants to you a worldwide, non-exclusive,
royalty-free, revocable license whilst you are a Member to:
(i)use the Website pursuant to the Terms;
(ii)copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii)print pages from the Website for your own personal and non-commercial use.
Migrova Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Migrova Pty Ltd.
(c)Migrova Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i)business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii)a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii)a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.
Migrova Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Migrova Pty Ltd’s Privacy Policy, which
is available on the Website.
(a)Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b)Subject to this clause, and to the extent permitted by law:
(i)all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii)Migrova Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable
resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in
connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether
at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c)You acknowledge that Migrova Pty Ltd Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Migrova Pty Ltd holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a
competitor of Migrova Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Migrova Pty Ltd will
hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
(a) Migrova Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Migrova Pty Ltd, its affiliates, employees,agents, contributors and licensors shall not be liable to you for any direct, indirect,
incidental, special consequential or exemplary damages which may be incurred byyou, however caused and under any theory of liability. This shall include, but is not
limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) You acknowledge and agree that Migrova Pty Ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
(a) If you want to terminate the Terms, you may do so by providing Migrova Pty Ltd with 14 days’ notice of your intention to terminate by sending notice of your intention to
terminate to Migrova Pty Ltd via the ‘Contact Us’ link on our homepage.
(b) Migrova Pty Ltd may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Migrova Pty Ltd is required to do so by law;
(iii) Migrova Pty Ltd is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use
the service; or
(iv) the provision of the Services to you by Migrova Pty Ltd is, in the opinion of Migrova Pty Ltd, no longer commercially viable.
(c) Subject to local applicable laws, Migrova Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if
your conduct impacts Migrova Pty Ltd’s name or reputation or violates the rights of those of another party.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Migrova Pty Ltd have benefited from, been subject to (or which have
accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
(a) You agree to indemnify Migrova Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
16. 1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
16.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
16.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms(Parties) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which
they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Adelaide, Australia.
16. 4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
16.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and them Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
The Services offered by Migrova Pty Ltd are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.
The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating
to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to
conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties
hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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