Terms and Conditions

1. About the Website

(a) Welcome to the Migrova website (www.migrova.com) ("Website"), which is operated by Migrova Pty Ltd (ACN 671 413 853) ("Migrova", "we", "us" or "our") and these terms also apply to all domain and subdomain associated with Migrova. Migrova provides certain platform and marketplace services to users ("P&M Services"), including making available the Website to facilitate connections between:

(i) service providers, including migration agents and legal professionals ("Providers"); and

(ii) service receivers, including migrants, users and applicants ("Receivers"),

to enable Providers and Receivers to locate, communicate, arrange payments for, and deliver immigration and legal services ("Migration Services") in a secure manner. Migrova is not a party to the Migration Services.

(b) Migrova provides the P&M Services by:

(i) listing Providers on the Website, which enables potential Receivers to select a Provider at their discretion; and

(ii) making available a personalised agent recommendation engine powered by machine learning, which matches potential Receivers with Providers who have a history of providing Migration Services that are similar to the Migration Services required by a particular Receiver.

(c) These terms and conditions ("Terms") govern the use of the Website and the P&M Services by users of the Website or P&M Services ("User" or "you"). By accessing or using the Website and/or P&M Services, you agree to comply with these Terms. Please read them carefully. These Terms also apply to all domains and subdomains associated with the Website.

(d) Migrova reserves the right to update these Terms at its sole discretion (including replacing these Terms with entirely new terms). Any changes will take effect immediately upon publication. Your continued use of the Website following such change being placed on the Website represents an agreement by you to be bound by the Terms as amended.

2. Acceptance of the Terms

You are deemed to have read and have accepted the Terms by using the Website, registering for the P&M Services and/or making any payment as required under the Terms for use of the P&M Services. If you do not accept these Terms, you must leave the Website and cease using the P&M Services immediately.

3. Information

(a) In order to access the P&M Services, Receivers and Providers 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 P&M 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; and/or

(vi) Migration Agent Registration Number.

(c) You warrant that any information you give to Migrova in the course of completing the registration process will always be accurate, correct and up to date.

(d) Once a Provider or Receiver has completed the registration process, Provider or Receiver will be a registered member of the Website ("Member").

(e) You may not use the P&M Services and may not accept the Terms if:

(i) You are not of legal age to form a binding contract with Migrova; or

(ii) You are a person barred from receiving the P&M Services under the laws of Australia or other countries including the country in which you are resident or from which you use the P&M Services.

4. Using the Website as a Member

4.1. Obligations of Members

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 P&M 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 the 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 P&M Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Migrova 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, and/or 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 P&M Services;

(i) you will not use the P&M Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Migrova;

(j) you will not use the P&M 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 emails or unauthorised framing of or linking to the Website;

(k) you acknowledge and agree that any automated use of the Website or the P&M Services is prohibited;

(l) you must comply with all applicable laws and regulations when using the Website, the P&M Services, and providing or seeking Migration Services. It is your responsibility to ensure you are eligible to receive or provide (as applicable) Migration Services in your jurisdiction; and

(m) All content, features, and functionality on the Website are the exclusive property of Migrova. You are prohibited from copying, selling, modifying, or reproducing any content from the Website or P&M Services without prior written consent.

4.2. Dispute between Members

In the event of a dispute between Receivers and Providers, Migrova encourages both parties to seek an amicable and professional resolution. Migrova will intervene in dispute resolution where required but recommends good faith negotiations to reach a resolution.

5. Receiver Terms

5.1. Service Requests

Receivers are responsible for verifying the qualifications of Providers, and quality and legality of the Migration Services offered by Providers, on the Website. Migrova does not directly provide any Migration Services.

5.2. No Guarantee of Outcomes

Receivers acknowledge and agree that Migrova does not guarantee the success of migration or legal matters. The outcome of cases is determined by various factors and legal processes, and Migrova shall not be held liable for the results.

Receivers must adhere to ethical and respectful conduct when interacting with Providers through the Website. This includes providing accurate information, treating Providers with respect, and maintaining the privacy and confidentiality of any information shared.

5.3. Privacy

(a) By accessing or using the Website as a Receiver, you expressly consent to the collection, processing, and disclosure of your personal information in accordance with our Privacy Policy available at www.migrova.com/privacy-policy ("Privacy Policy"). You acknowledge and agree that your use of the Website signifies your acceptance of this process.

(b) Receiver acknowledges that Migrova may 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.

(c) Personal information collected from Receivers is used solely for the purpose of connecting Receivers with Providers, facilitating the immigration process, and ensuring the delivery of efficient Migration Services.

(d) Migrova may share Receivers’ personal information with Providers to facilitate the provision of Migration Services.

(e) Receivers’ personal information will not be shared with any third party not involved in the immigration process without explicit consent, except as required by law.

(f) 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 Providers.

6. Provider Terms

6.1 Service Agreement

(a) Migrova is not a party to the Service Agreement or otherwise responsible for the delivery or performance of the P&M Services in any way.

6.2 Warranties

Provider warrants that:

(a) it has all applicable licenses and consents necessary to supply the Migration Services; and

(b) it will comply with the current version of the Migration (Migration Agents Code of Conduct) Regulations 2021 established under the Migration Act 1958 (Cth) in supplying the Migration Services.

6.3 Privacy

Receivers may be required to share Personal Information with Providers during the provision of Migration Services. Providers agree to handle this information in compliance with all applicable privacy laws and regulations.

7. Payment Terms

(a) By Migrova offering the P&M Services to you, you agree that these payment terms and conditions ("Payment Terms") govern the financial transactions conducted on the Website. By using the Website, including making or receiving payments, you agree to abide by these Payment Terms.

(b) All payments made in the course of using the P&M Services are made using third party processors (each a "Payment Processor"). In using the Website, the P&M Services or when making any payment in relation to your use of the P&M Services, you warrant that you have read, understood and agree to be bound by each Payment Processor’s terms and conditions. Migrova’s current Payment Processors are Stripe Payments Australia Pty Ltd (ACN 160 180 343).

(c) When a Receiver makes a payment for Migration Services through the Website or as a consequence of an introduction by Migrova, Migrova is entitled to a fee (Platform Fee).

(d) Provider Taxes

(i) As a Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable GST or other indirect taxes, occupancy taxes, sales, tourist or other taxes ("Taxes").

(ii) To the extent necessary, Provider instructs and authorises us to collect Taxes on Provider’s behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by us are identified to Members on their transaction records, as applicable. We may seek additional amounts from Members (including by deducting such amounts from future payouts) where Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by us is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

(iii) In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about a Provider, or withhold Taxes from payouts to a Provider, or both. Where applicable, if a Provider fails to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to a Provider, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. Providers agree that we may issue on Provider’s behalf invoices or similar documentation for GST or other Taxes for your Migration Services to facilitate accurate tax reporting.

8. Refund Policy

(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 is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, Provider agrees that Migrova does not hold any liability to the Receiver directly and will not personally refund Provider any payments made in the use of P&M Services.

(c) Notwithstanding the clause 8(b), if a Receiver is unsatisfied with the Migration Services provided by the Provider or believes that they may be entitled to a refund, then Migrova 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 through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund so that we are able to determine if the Provider should be removed as a Member.

9. Intellectual Property

(a) As between Migrova and you, Migrova is the owner of all copyright, patents, trade marks and other intellectual property rights in the P&M Services and on the Website (including but not limited to text, graphics, logos, use interfaces, artwork, button icons, video images, audio clips, computer code, scripts, design elements, interactive features and downloads offered on the Website) ("Migrova Content"). Migrova’s ownership in the intellectual property of the Migrova Content is protected by both Australian and international law. If you believe that anything on the Website infringes your intellectual property rights, you should notify Migrova in accordance with clause 22.

(b) Nothing you do on or in relation to the Website will transfer any intellectual property rights in the Website, the P&M Services or the Migrova Content to you.

(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;

(iii) print pages from the Website for your own personal and non-commercial use; and

(iv) create a hyperlink to the home page of the Website, so long as the link does not portray Migrova or its services in a false, misleading, derogatory or otherwise offensive manner,

(together, "Licence").

(d) Migrova does not grant you any other rights whatsoever in relation to the Website or the P&M Services. Any contravention by you of these Terms terminates the Licence immediately. All other rights are expressly reserved by Migrova.

(e) Under no circumstances, without the prior written approval of Migrova, may you:

(i) adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website other than in accordance with the Licence;

(ii) use any data gathering and extraction tools or software to extract information from the Website;

(iii) frame or utilise framing techniques to enclose any of the contents of the Website;

(iv) use any meta tags or other hidden text which incorporate Migrova’s name or any of its intellectual property, including trade marks, without Migrova’s express prior written permission;

(v) use any Migrova logo or other proprietary graphic or trade mark as part of the link without Migrova’s express written permission; or

(vi) use any content included on the Website other than in accordance with the Licence.

10. Privacy

Migrova takes your privacy seriously and any information provided through your use of the Website and/or P&M Services are subject to Migrova’s Privacy Policy. For any privacy-related concerns, inquiries, or requests, Receivers may contact our Data Protection Officer as detailed in our Privacy Policy.

11. Access

You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Migrova cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features. Migrova does not accept responsibility for any interference or damage caused to your computer system, data or for any bugs, viruses, trojan horses or other destructive code which may arise in connection with your use of the Website.

12. Maintenance

From time to time, Migrova may perform routine or non-routine maintenance, upgrades, patches, bug fixes, error correction or other changes to the Website ("Maintenance"). Migrova reserves the right to interrupt the operation of the Website, or any portion of the Website, as necessary to perform Maintenance at any time, without notice.

13. Competitors

If you are in the business of providing services similar to the P&M 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 ("Competitor"). Competitors are not permitted to use or access any information or content on the Website. If you breach this term, Migrova 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.

14. General Disclaimer

(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 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 P&M Services or these Terms (including as a result of not being able to use the P&M Services or the late supply of the P&M Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) You acknowledge that the Website and the P&M Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the P&M Services and Migrova 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).

15. Limitation of Liability

(a) To the extent permitted by law, Migrova’s total liability arising out of or in connection with the P&M 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 P&M Services to you.

(b) You expressly understand and agree that Migrova, 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 by you, however caused and under any theory of liability, as a result of using the Website, Migrova Content and/or P&M Services. 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.

16. Termination

(a) If you want to terminate the Terms, you may do so by providing Migrova with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to Migrova via the ‘Contact Us’ link on our homepage.

(b) If Provider becomes aware that it is reasonably likely that it will cease to be a registered migration agent on a particular day, Provider must give written notice to Migrova of the expected cessation as soon as practicable (and otherwise no later than 14 days before that day).

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) Migrova is required to do so by law;

(iii) Migrova is transitioning to no longer providing the P&M Services to Members in the country in which you are resident or from which you use the Service; or

(iv) the provision of the P&M Services to you by Migrova is, in the opinion of Migrova, no longer commercially viable.

(d) Subject to local applicable laws, Migrova 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 P&M Services without notice if you breach any provision of the Terms or any applicable law, if your conduct impacts other Members or Migrova’s name or reputation, or violates the rights of those of another party.

(e) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Migrova 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.

17. Indemnity

(a) You agree to indemnify Migrova, 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 using the P&M Services and accessing, using or transacting on the Website, or attempts to do so; and/or

(iii) any breach of these Terms.

18. Dispute Resolution

18. 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).

18.2. 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.

18.3. 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.

18.4. 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.

18.5. Termination of Mediation

If two (2) months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

19. Venue and Jurisdiction

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.

20. Governing Law

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.

21. General

These Terms contain the entire understanding between the parties concerning the subject matter of these Terms and supersede all prior communications. These 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. Neither party may transfer or assign this Agreement without the other party’s prior written consent (not to be unreasonably withheld). Migrova is not a party to any Service Agreements and operates as an independent contractor. It is not a partner, agent, employee, joint venturer, fiduciary or legal representative of you. Neither party has authority to bind the other in any way. Migrova does not guarantee the delivery of the Migration Services by Providers and are not their agent.

22. Contact Us

If you have any questions or require clarification on these Terms, please contact Migrova at info@migrova.com.