Terms and Conditions

1.GENERAL

1.1This website (located at www.PortMigration.com) is operated by Joanna Hill Migration Agent Pty Ltd. We are registered in Australia under company number 607 497 610 but trading as Port Migration (we, us or our).
1.2This page (together with documents referred to on it) governs the terms of use on which you may make use of our products, services and website (located at www.PortMigration.com) (collectively referred to as the Site).
1.3Please read these terms of use carefully before you start to use the Site. By using or accessing the Site, you indicate that you have read, understood and accept these terms of use, together with our privacy policy portmigration.com/privacy-policy/and that you agree to abide by them. We encourage you to read these terms of use, and to contact us by email to info@myauspath.com.au if you have any particular questions or concerns in relation to the use of the Site.
1.4If you do not agree to these terms of use, you should refrain from using the Site in any manner.

2.ACCESSING THE SITE

2.1Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the information, products or services we provide without notice.
2.2We will not be liable if for any reason the Site is unavailable (wholly or partly) at any time or for any period. From time to time, we may restrict access to some parts of the Site (wholly or partly).
2.3You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
2.4When accessing and using the Site, you must:
(a)not attempt to undermine the security or integrity of our computing systems or networks or, where the Site is hosted by a third party, that third party's computing systems and networks.
(b)not use, or misuse, the Site in any way which may impair the functionality of the Site, or other systems used in the course of delivering the Site or impair the ability of any other user to use the Site.
(c)not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Site are hosted.
(d)not transmit, or input into the Site, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law.
(e)not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Site.

3.INTELLECTUAL PROPERTY RIGHTS

3.1We are the owner or the licensee of all intellectual property rights in the Site, and in the material and content published on or via the Site or our Site (including, without limitation, trade marks, patents, copyright, software, code, technology, pre-trip technology, farefinder facility, booking engine, our Site’s look and feel, brands, logos, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved.
3.2So far as we able to grant you the licence to do so, you may print off, and may download extracts, of any page(s) from the Site for your personal reference and non-commercial use, and you may draw the attention of others to material posted on the Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
3.3You must not use, copy, modify or reproduce any part of the materials or code on, or contained within, the Site, for commercial purposes without obtaining an express licence to do so from us or our licensors. If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.INFORMATION POSTED

4.1The information contained on this Site is for general guidance on matters of interest only. They are not intended to be comprehensive, and they do not constitute and must not be relied on as legal or immigration advice. The application and impact of Australian immigration laws can vary widely based on the specific facts involved. You must seek specific immigration advice tailored to your circumstances.
4.2We disclaim all liability and responsibility arising from any reliance placed on such materials, and any services provided therefrom, by any visitor to the Site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such materials will not infringe intellectual property rights of any third parties.
4.3We attempt to be as accurate as possible when we describe information, products and services on or via the Site, however, to the extent permitted by applicable law, we do not warrant that the information, products or service descriptions, or other content available or offered on the Site is accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the information, products or services offered via the Site.

5.THE SITE CHANGES

5.1We may update the Site regularly, and may change it (wholly or partly) at any time. If the need arises, we may suspend or cease access to the Site. Any of the material on or via the Site may be out of date at any given time, and we are under no obligation to update.

6.POLICIES & GUIDELINES

6.1You shall comply with our policies and guidelines as apply from time to time.

7.OUR LIABILITY

7.1The material, content, product descriptions, standard, quality and specifications displayed on or via the Site, and any links and in relation to the products or services contained therein are provided “as is” and without any guarantees, conditions or warranties as to its accuracy, completeness, timeliness, reliability, currency or fitness for purpose. It is your sole responsibility to determine that the Site meets your specific needs and is suitable for the purposes for which they are used.
7.2To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude:
(a)All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b)Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site, information, products or services or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.3This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
7.4Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of the Site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion:
(a)in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
(b)in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
7.5Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one hundred dollars (AUD$100.00). You agree to indemnify us, our directors, officers, affiliates, employees, partners and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, as a result of, or which is directly or indirectly related to:
(a)the use of the Site, or any other information, products or services accessed via, or associated with the Site.
(b)a breach of these terms of use.
(c)an infringement of any rights of another.

8.THIRD PARTY DISCLAIMER

8.1You acknowledge that the Site may include the facility for you, or any applicants or the family members of any applicants, to enter into a transaction with third parties, and the subject matter of such transactions shall not be provided to you, or any applicants or the family members of any applicants, by us, and accordingly we are not responsible to you, or any applicants or the family members of any applicants, for any risks, damage or loss associated with such third parties or the goods and services provided by them. The third parties impose specific terms and conditions on the provision of specific products or services, introduced to you, or any applicants or the family members of any applicants, via the Site. You should carefully read all the terms and conditions of such third parties before finalising the transaction.
8.2We do not endorse or recommend any particular third parties.
8.3You acknowledge and accept, and shall ensure that that any person acting on your behalf, acknowledge and accept, that we cannot and have not checked the accuracy of all information provided by third parties. We will not be responsible to you, or any applicants or the family members of any applicants, or anyone else, for errors, omissions, bias, price fluctuation or misleading information of third parties. You should, and should ensure that any person acting on your behalf, make self-evaluations of the accuracy or completeness of any information, opinion, advice or other content available via the Site, whether provided by third parties or otherwise.

9.INFORMATION ABOUT YOU

9.1We process information about you in accordance with our privacy policy portmigration.com/privacy-policy/. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate. We may request you to provide your personal details, in particular, your real name, phone number, e-mail address and other requested information.

10.VIRUSES AND HACKING

10.1You must not misuse the Site by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
10.2We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.

11.LINKING TO THE SITE

11.1You may link to our home page, provided you obtain our prior written consent. You can request our consent by sending us an email at info@myauspath.com.au. Any links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
11.2The Site must not be framed on any other Site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.

12.LINKS FROM THE SITE

12.1Where the Site contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).
12.2Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).

13.FORCE MAJEURE

13.1We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

14.SUSPENSION AND TERMINATION

14.1You agree that we may, under certain circumstances and without prior notice, suspend or immediately terminate your access to the Site.
14.2Cause for such suspension or termination shall include, but not be limited to:
(a) breaches or violations of the these terms of use, our Privacy Policy and/or any other agreements entered into between us.
(b) requests by law enforcement or other government agencies.
(c) discontinuance of the Site (or any part thereof).
(d) unexpected technical or security issues or problems.
14.3You agree that all such suspensions or terminations shall be made at our sole discretion and that we shall not be liable to you or any third party for any such suspension or termination.

15.JURISDICTION AND APPLICABLE LAW

15.1The Site is created and controlled by us in the State of Victoria, Australia. As such, the laws of the State of Victoria will govern these terms of use (and the use of the Site).
15.2By using the Site you submit to the jurisdiction of the courts of Victoria and the federal courts of the Commonwealth of Australia (as the context permits) and agree that any legal action will only be commenced in these forums.
15.3By accessing this Site throughout Australia or overseas, you do so at your own risk and are responsible for complying with the relevant laws which you should abide by.

16.VARIATIONS

16.1We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
16.2Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed terms of use. If you do not agree to any change, then you must immediately stop using the Site.

17.RELATIONSHIP

17.1No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these terms of use.

18.SEVERABILITY

18.1If any provision in these terms of use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the reminder of these terms of use which will continue in full force and effect.

19.ENTIRE AGREEMENT

19.1These terms of use constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.

20.YOUR CONCERNS

20.1If you have any concerns about material which appears on the Site, please contact info@myauspath.com.au.