Terms and Conditions

Disclaimer

This website has been prepared to provide general information only and does not, under any circumstances, constitute legal advice.

Transmission of information is not intended to create an agent/client relationship between the sender and receiver.

Any material obtained on this website should not be relied upon as a substitute for detailed advice or legal/migration advice.

The following terms and conditions sets out the basis on which TIA will provide you, and if applicable, your family, the Service. All information contained here within this website applies to the agreement to supply the Service between TIA and the Client. By paying a deposit and initiating our Service, you are confirming that you have read and agree to be bound by these Terms.

Definition of terms

“Client” or “you” or “your” means the individual requesting the Service for him/herself and if applicable for his/her family.

“TIA” means Migration Pty Ltd trading as This is Australia.

“Profile” means the information provided by the Client about the Client and if applicable about his/her family.

“Service” means the personalised migration service provided by TIA.

“Terms” means these terms and conditions.

“GST” means any goods and services tax or similar tax imposed by the Commonwealth of Australia under the A New Tax System (Goods and Services Tax) Act 1999.

“Working Day” means a day on which banks are open for business in Gold Coast, Queensland.

Information provided by the Client

TIA will provide the Service to the best of its ability and in accordance with current Australia migration law based on the information provided by the Client. However, TIA does not guarantee the success of any visa application made on the basis of the Service. Only the Department of Home Affairs (DOHA) can grant the approval of a visa application.

The Client is encouraged to seek additional guidance from one of our Migration Agents and/or make independent enquiries before relying on the information provided as part of the Service.

TIA will use and rely on information provided by the Client in the provision of the Service without having independently verified or assumed responsibility for the accuracy or completeness of such information. If the information provided by the Client is not correct, the Service may not be accurate. Accordingly, the information provided by the client must be correct and the Client is fully responsible and releases TIA to the fullest extent permitted by law for providing TIA with any information and/or documents which are inaccurate, misleading, bogus or fraudulent in any particular. DIAC has very strict policies on information and/or documents which are found to be inaccurate, misleading, bogus or fraudulent.

The Service also takes into account current Australian migration legislation, regulations and policy. TIA cannot be held responsible for any inaccuracy arising from changes to such legislation, regulations and/or policy occurring after the Service has been provided to the Client or if changes take place after TIA is engaged by the Client and/or during the course of the Service provided.

Client Communications

The Client acknowledges that from the date of engagement and throughout the entire agreement, the primary source of communication with TIA will be electronically through email.

The Client consents to receiving communications from TIA electronically and agrees that all agreements, notices, disclosures and other communications provided by TIA to the Client electronically satisfy any legal requirement that such communications be in writing.

Where the Service requires TIA to email the Client, the following will apply:

TIA will address and send emails to the email address provided by the Client. The Client is solely responsible for ensuring that
1. the contact details provided are correct;
2. their email service is operational; and
3. they check their emails regularly;
If TIA sends the Client an email to your listed email address, the Client is deemed to have received that email and TIA is not obliged to take any further action to confirm that you have received, opened and/or read the email, unless the Client promptly notifies TIA and demonstrates that the email was not delivered to their email address; and
If the Client does not respond to an email from TIA requesting further clarification within a period of 10 Working Days, TIA will be entitled to prepare the Service based on the information provided by the Client in their Profile.

Refunds

As soon as payment is received, the Client is deemed to have engaged the Service of TIA.

No refunds shall be payable by TIA in any circumstances.

Privacy and Release of Information

TIA is bound by the Privacy Act 1988 (“Privacy Act”). Accordingly, TIA takes reasonable steps to protect personal information (as defined under the Privacy Act) collected by TIA from misuse and loss and from unauthorised access, modification or disclosure.

TIA may use and disclose the Client’s (and if applicable, their family’s) personal information for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act.

By accepting our terms and conditions, you grant us permission to undertake a Visa Entitlement Verification Online (VEVO) search for the purposes of verifying your (and your dependant family members') current visa status and to assist you with your possible migration matter.

In general, TIA will disclose the Client’s personal information for the following purposes:

to conduct our business;
to provide and market our services;
to communicate with the Client;
to comply with our legal obligations; and
to help us manage and improve our services.

Subject to the exceptions set out in the Privacy Act, the Client may gain access to the personal information which TIA holds about them by contacting info@thisisaustralia.com. A fee may be charged for providing access and TIA will advise the Client of the likely cost in advance.

Intellectual Property

All content on this website and material provided in the Service is the property of TIA. The exclusive right to this website and the Service belong to TIA and is protected by Australian laws.

Code of Conduct

Under Australian law, a person who wishes to operate as a migration agent must be registered with the Migration Agents Registration Authority (“MARA”). TIA confirms that its migration agents are all registered with MARA which is responsible for administering the Code of Conduct. The Code is intended to regulate the conduct of migration agents. Amongst the requirements of the Code, is the ability of agents to demonstrate good character as well as competency in the provision of Australian immigration advice.

A copy of the Code of Conduct can be found in Schedule 2 of the Migration Agents Regulations 1998. To view the Code of Conduct please click here (https://www.mara.gov.au/tools-for-registered-agents/standards-for-services)

A copy of the Information on the Regulation of the Migration Advice Profession can be found here (English Consumer Guide). The client acknowledges that they have read this document in full prior to making any payment to TIA.

Disclaimer and Indemnity

To the fullest extent permitted by law, TIA shall not be liable for any loss, damage, cost, expense or other liability (“Liabilities”) suffered or incurred by the Client or their family arising in connection (either directly or indirectly) with the Service. To the extent that liability cannot be excluded, the liability of TIA, its directors, officers, employees, agents, consultants and related companies is limited to the cost of the service TIA provides to Client.

To the fullest extent permitted by law, the Client must indemnify and hold harmless TIA, its directors, officers, employees, agents, consultants and related companies (“Indemnified Persons”) against all Liabilities (including legal costs on a full indemnity basis) incurred by the Indemnified person in connection with the provision of the Service by TIA, except the Liabilities arising from the negligence or default of any of the Indemnified Persons.

Comments

Any comments you may have regarding our website, the service we provide or the terms and conditions contained here within please contact us at info@thisisaustralia.com

Governing Law

The agreement created upon acceptance of these Terms shall be governed by the laws of Queensland, Australia. The Courts of Queensland shall have exclusive jurisdiction to settle any disputes (including claims of set-off and counterclaims) in connection with this Agreement.

General

No person has been authorised to give any representations on behalf of TIA in regards to the subject matter or the terms of these Terms.

Headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

TIA may vary any of these Terms at any time and any other information relating to the Service, at any time and your subsequent use of the website will be governed by the varied Terms.

In the event that any of the provisions of these Terms are or shall become invalid, illegal or unenforceable, the remainder shall survive unaffected.

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