GOLD STAR MIGRATION – WEBSITE TERMS OF USE

This website (Site) is operated by Jia Ma trading as Gold Star Migration (ABN: 67 114 982 185) (we, our or us). It is available at: https://gsmigration.com/ and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  2. using our Site to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our Site;
  4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  5. using our Site to send unsolicited email messages; or
  6. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free or free from viruses; or
  3. our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. You acknowledge that use of our website and online store is dependent on the availability of third party services, including but not limited to our web hosting service, content management system and online payment gateway, and we are not responsible for any loss, damage or expense caused by any error or disruption arising from any third party services.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of [insert the State your business is based in]. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in [insert the State your business is based in] and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

GOLD STAR MIGRATION – TERMS OF SALE

About us

We are a migration agency located in Sydney, Australia. We provide Australian visa and citizenship products and services including but not limited to visa applications, citizenship applications, business sponsorship applications, business nomination applications, merits review applications, judicial review applications, immigration advice and any related products or services (product(s) or service(s)).

Application

The following terms of sale apply when you purchase a product or service from us, whether the purchase was made through our online store or via another channel, and regardless of the payment method used in making the purchase.

Currency

All prices listed in our online store, elsewhere on our website, or on other documents provided by us, are in Australian dollars.

How you can order a product or service

You may order a product or service via our online store, by placing the order via telephone or email, or via any other method of communication with us.

What happens after you make an order

We will send you an email to confirm that the order has been received and will provide payment details as applicable based on the method of payment you have chosen.

After you make an order for any type of application (ie. visa or citizenship application, or business sponsorship or nomination application), the status of the order will be pending. We may request further information from you in order to assess your eligibility for the product(s) or service(s) you have ordered.

When order is finalised

The order will not be finalised until we have:

  1. Completed our eligibility assessment for the selected product(s) or service(s), and
  2. Issued an invoice for our professional fees for the product(s) or service(s) you have ordered. The invoice will be sent to your nominated email address unless you request a different method of delivery.

After order is finalised

After your order is finalised, we will send you a Cost Agreement for the product(s) or service(s) you have ordered. You must:

  1. Sign and return the Cost Agreement within 7 days of the date of issue, and
  2. Pay the amount due on the invoice within 7 days of the date of issue (or as otherwise stated on the invoice).

Otherwise, the order will be voided and you will lose any discount applied to the order (if applicable).

Cancellations

You may cancel an order any time before the order is finalised, either in writing or via telephone.

If you wish to cancel your order after you have sent us the signed Cost Agreement and paid our invoice, but before we have commenced work on the matter, you must do so in writing. We will charge a cancellation fee of 10% of the total value of the order or $150, whichever is greater, and will refund you the balance of the total amount you have paid to us after deducting the cancellation fee.

Termination

If you have sent us the signed Cost Agreement and paid our invoice and we have commenced work on the matter, you may terminate your agreement with us at any time by giving us notice in writing.

We can also terminate your agreement with us by giving 7 days notice in writing if:

  1. You fail to respond to our requests for documents or information within a reasonable time, or
  2. You become ineligible for the product(s) or service(s) that you have ordered, either due to a change of your circumstances or a change of immigration laws and policies, or
  3. You provide false or misleading information or documents to us, or
  4. You instruct us to do something that, in our opinion, is unethical or unlawful (including but not limited to providing false or misleading documents or information to the Department of Immigration or another assessing body), or
  5. You fail to pay our professional fees or necessary third party fees, or
  6. A conflict of interest arises between you and us and we are no longer able to act in your best interests.

Refunds

If you terminate your agreement with us, we will charge a cancellation fee plus an amount calculated based on the value of the work we have completed (partial service fee). We will refund you the balance of the total amount that you have paid to us after deducting the cancellation fee and the partial service fee.

If we terminate your agreement with us, we will not charge a cancellation fee. We will refund you the balance of the total amount that you have paid to us after deducting the partial service fee.

No guarantee as to success

You acknowledge that we, as Registered Migration Agents, are bound by the Code of Conduct for Registered Migration Agents. You acknowledge that we are prohibited by the Code of Conduct from guaranteeing the success of an application. You acknowledge and understand that, despite our professional expertise and our best efforts to ensure the success of an application, the outcome of an application will on:

  1. Your circumstances, and
  2. The quality and completeness of the information and documents provided to the Department of Home Affairs (Department of Immigration) or other assessing body (as applicable), and
  3. The discretion, judgement or subjective opinion of the decision maker, and
  4. The laws or policies applicable at the time the application is decided.

You acknowledge that we do not have any control over the outcome or processing time of an application after it has been submitted. You acknowledge that we do not have any special relationship with the Department of Immigration or any other assessing body (as applicable) and we do not have the ability to influence the outcome of an application or the processing time of an application.

You also acknowledge that immigration laws and policies are subject to change without notice. You acknowledge and understand that our advice to you and our work in relation to an application is based on the laws and policies current at the time that we provide the product or service, and we cannot anticipate any future changes in laws or policies that may affect your eligibility for a product or service or the outcome of an application.

Limitation of liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our services.

Third party charges

You acknowledge that all fees stated in our online store do not include third party charges, which may include but are not limited to the following:

  1. Government application charges;
  2. Credit card or other payment provider surcharges;
  3. Translation fees;
  4. Health examination fees;
  5. Fees for police clearance certificates;
  6. English test booking fees;
  7. Fees associated for obtaining any document required to support your application.

Specific third party charges relating to your application will be disclosed in the Cost Agreement. You agree to pay any third party fees promptly when requested by us.

For any questions and notices, please contact us at:

Jia Ma trading as Gold Star Migration (ABN: 67 114 982 185)

Email: info@gsmigration.com

Last update: 17 December 2019