IMPORTANT – PLEASE READ CAREFULLY
By visiting or using any of AustraliaGSM Website or Offered Products or Software you acknowledge and are aware that such are provided by AustraliaGSM, a private corporation and are not and do not represent to be, offered by an official organ of the Australian Government nor by any entity otherwise connected to the Australian Government in any way whatsoever. AustraliaGSM is not part of the Australian Government or immigration authorities or a law firm. In this respect AustraliaGSM neither intends nor claims to provide legal advice or solutions of any kind to any individual including in respect of any specific problems relating to any individual.
Please note that at any time, and upon the approval of the government or legislation bodies, the Australian Government has the authority to cancel or modify the various immigration Visa Programs presented in the Website. AustraliaGSM and the Site shall not be held responsible in case the Australian Government (or anyone of its Agencies) cancels, suspends, prohibits or otherwise prevents (the “Prevention Announcement”) the various immigration visa application programs or the use of AustraliaGSM Offered Products, or otherwise, for any reason, and will not provide refund for payments that were made prior to any such Prevention Announcement.
You acknowledge and agree that by visiting or using any of AustraliaGSM’s Websites or Offered Products, you are entering into a legally binding contract that shall govern any use of AustraliaGSM’s Websites or Offered Products by you or any third party on your behalf. Further, you hereby agree to the use of electronic communication in order to enter into contracts, place orders and to the delivery or acceptance of notices, policies and records of transactions initiated or completed through AustraliaGSM’s Websites or Offered Products. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
1.1 AustraliaGSM and/or any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives or licensors.
1.2 AustraliaGSM’s Websites or Site or Website means any and all elements, contents and the ‘look and feel’ of the website available under the domain www.AustraliaGSM.com and all related sites owned, operated or controlled by AustraliaGSM.
1.3 AustraliaGSM’s Offered Products or Offered Products means the use of the Software, if applicable, and any of AustraliaGSM products and related services available via any of AustraliaGSM’s Websites whether they are defined as a “Paid Product” , as defined herein, or any other products provided by AustraliaGSM. The AustraliaGSM.com website is owned by the EU company, Post Haste S.L, company number ES B86522703, address : 17th Jose Silva Street, postecode: 28043, Madrid, Spain.
1.4 AustraliaGSM’s Software or Software means AustraliaGSM’s proprietary web based software.
1.6 Intellectual Property means any and all intellectual property rights, including without limitation, intangible legal rights, titles and interests, evidenced by or embodied in: (i) any invention (whether patentable or un-patentable and whether or not reduced to practice), all improvements thereto, and all patent, patent applications and patent disclosures; (ii) any work of authorship, regardless of copyright ability, copyrightable works and all copyrights; (iii) all trade secrets and confidential information; and (vi) any other similar rights, in each case on a worldwide basis.
2. License And Access
AustraliaGSM grants you with a limited license to access and make personal use of AustraliaGSM’s Websites and Offered Products and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of any of AustraliaGSM’s Websites or Offered Products or its contents; any derivative use of any of AustraliaGSM’s Websites or Offered Products or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Any of AustraliaGSM’s Websites or Offered Products or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any of AustraliaGSM’s Websites or Offered Products or any part thereof. You may not use any Meta tags or any other “hidden text” utilizing AustraliaGSM’s name or trademarks. You are granted with a limited, revocable, and nonexclusive right to create a hyperlink to the AustraliaGSM’s Website so long as the link does not portray AustraliaGSM or any of its products including without limitation, AustraliaGSM’s Offered Products or Websites or the Software, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AustraliaGSM’s logo or other proprietary graphic or trademark, including without limitation, as part of a link, without AustraliaGSM’s express written permission. You shall not attempt to access any other of AustraliaGSM’s systems, programs or data that are not made available for public use.
3. Proprietary Information
You shall not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any of AustraliaGSM’s Website’s or Offered Products or Software or any part thereof.
The information on AustraliaGSM’s Website’s is protected by copyright: Copyright AustraliaGSM Inc. All rights reserved.
4. Modifications and Updates
4.1 AustraliaGSM has the right at any time and for any reason to modify or discontinue any aspect or feature of any of AustraliaGSM’s Websites or Offered Products or Software, including but not limited to its content, functionality, availability, or it’s pricing.
4.2 Without derogating form the above said, AustraliaGSM, at its sole discretion, reserves the right to add additional features or functions, or subtract or change such or to provide programming fixes, updates and upgrades, to any of AustraliaGSM’s Websites or Offered Products or Software. You acknowledge and agree that AustraliaGSM has no obligation to make available to you any subsequent or previous versions of any of AustraliaGSM’s Websites or Offered Products or Software.
5. Paid Products
6. Transactions, Payment Fraud and Collection
The user of the Offered Product is fully responsible for paying all monies owed to AustraliaGSM. We try to provide the best possible products to all our valued customers. If you are dissatisfied in any way with our products, please contact us directly for a solution, before you consider calling your financial institution for a refund. AustraliaGSM may, at its sole discretion, cease to provide the Offered Products to certain users or to users paying with certain credit cards.
AustraliaGSM reserves the right to perform credit checks on all users with third party credit agencies, on the basis of the information provided to us in the application or by you in any other manner.
AustraliaGSM reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by you in connection with your use of the Offered Products and/or Software.
In any case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment, found to be fraudulent), AustraliaGSM reserves the right to block a user’s account and reverse any refund made, if any. AustraliaGSM shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments.
8. No Warranties
8.1 AustraliaGSM cannot guarantee that you shall always be able to communicate by using any of AustraliaGSM’s Websites or Offered Products or Software, nor can AustraliaGSM guarantee that you can communicate without disruptions, delays or communication-related flaws or that all your communication shall always be delivered. AustraliaGSM shall not be liable for any such disruptions, delays or other omissions in any communication experienced when using the Software, Websites and Offered Products, even if such was incurred by or due to AustraliaGSM.
8.2 AustraliaGSM shall not be responsible or held liable for any disturbances or malfunctions that any of AustraliaGSM’s Websites or Offered Products or Software may cause to any other software or application, or to any computer hardware system or any part thereof, including any information or data contained in such.
8.3 AustraliaGSM may suspend any of AustraliaGSM’s Websites or Software or Offered Products, including Paid Products, or any parts thereof, for maintenance work, updates or for any other reason, or terminate any of such Websites, Software or Offered Products, all at its sole discretion, without any prior notice. AustraliaGSM shall not be liable or responsible with respect to or in connection with, such suspension or termination.
8.4 AustraliaGSM’s Websites and Offered Products may include a pre-release “beta” version of its Websites and Offered Products which may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data.
9. No Guarantee of Visa Acceptance
9.1 You understand that the Australian Visa Programs are based on evaluation procedures determined by the Australian Government and/or any authority so appointed on its behalf, and therefore there is no guarantee a visa will be granted. All applications submitted, as well as applications submitted through use of the Offered Products and/or Software, should receive equal treatment by the Australian authorities as any other applications so submitted, and nothing herein shall be understood as a representation that applications through AustraliaGSM are granted any priority in any manner whatsoever.
9.2 AustraliaGSM is not involved in any way in issuing immigration visas. Choosing AustraliaGSM Offered Products does not guarantee a better or expedited handling.
9.3 Minimum eligibility requirements known as of the date hereof have been detailed and listed on the AustraliaGSM Website and may be updated from time to time in accordance with any changes or updates published by the competent Australian authorities. It is up to you to review the requirements and ensure that you qualify within the guidelines at the time of submission of your application. If you have any questions, please visit the https://www.AustraliaGSM.com.
10. No Responsibility of Content
10.1 AustraliaGSM’s Websites and Offered Products and all information, content, materials, products and services included on or otherwise made available to you through any of AustraliaGSM’s Websites or Offered Products are provided on an “as is” basis. AustraliaGSM and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors make no representations or warranties of any kind, expressed or implied, as to the operation of any of AustraliaGSM’s Websites or Offered Products or Software or the information, content, materials, products or services included on or otherwise made available to you through such Websites or Offered Products. Without derogating from the aforementioned, you acknowledge and understand that the content of the communication spread by the use of any of AustraliaGSM’s Websites or Offered Products or Software is entirely the responsibility of the person or entity from whom such content originated. Further, AustraliaGSM’s Websites or Offered Products may contain links to other websites, you acknowledge and agree that the content of such is entirely the responsibility of its respective authors. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable and your linking to such web sites is at your own risk and you acknowledge and agree that AustraliaGSM shall not be liable for any type of communication spread by means any of AustraliaGSM’s Websites or Offered Products.
10.2 Subject to the terms and conditions of the Privacy Statement any communication or material you post or transmit in connection with your use of the Offered Products will be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant AustraliaGSM the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose, including but not limited to registration for the Australian visa program. If you object to your Personal Data being used in this manner please do not register.
10.3 In this respect you should be aware that if you voluntarily disclose Personal Data (e.g. user name, email address) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.
10.4 The Offered Products and the Site may include bulletin boards, chat rooms and other user and member created pages which allow you and other users and members to post information, provide feedback to AustraliaGSM, and interact in real-time.
10.5 You acknowledge that AustraliaGSM and its affiliates do not control the information available on the bulletin boards, chat rooms and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. AustraliaGSM reserves the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated pages.
11. Lawful Purposes
You acknowledge and agree to use any of AustraliaGSM’s Websites or Offered Products or Software solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble any of AustraliaGSM’s Websites or Offered Products or Software or the communication, (c) send any unsolicited commercial communication not permitted by applicable law, or (d) expose any other user to material which is offensive, harmful to minors, indecent, unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law or otherwise objectionable.
Further, you declare that the source of funds used by you to use the Offered Products and/or used through the Website is not illegal and that you will not use the Offered Products and/or the Websites and/or the Software in any way as a money transfer system. You will not use the Offered Products and/or the Websites and/or the Software for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under any law.
You will be responsible for, and indemnify and hold harmless AustraliaGSM against any claim arising from any material that you post or transmit.
As a worldwide standard, IP address is allocated according to states or areas. During registration, AustraliaGSM may utilize such allocation to identify the area you are calling and/or connecting from (this is made without personally identifying you). Any use of any of AustraliaGSM’s Websites or Offered Products must be made from the area you have registered from, you may not, by any means, cause AustraliaGSM to misidentify the area you are registering from (including without limitation by the use of proxy or any other software or service). You acknowledge and agree that not complying with such terms may cause AustraliaGSM to be in violation of or non-compliance with any applicable law for which you shall be fully responsible for.
13. Fees & Refund Policy
By visiting or using any of AustraliaGSM’s Websites or Offered Products or Software you understand and agree to the refund policy specified herein.
AustraliaGSM and the Site take every precaution to protect users’ Personal Data. When users submit sensitive information via the Site, the information is protected both online and off-line. When users are asked to enter sensitive information (such as credit card number) such information is encrypted and is protected with the encryption software SSL. While on a secure page, such as the payment reply form, the lock icon on the bottom of Web browsers such as Microsoft Internet Explorer becomes locked. Although we have taken significant measures to ensure the security of information submitted in using the Software and Offered Products, AustraliaGSM and the Site cannot guarantee the security of information collected during your use of the Software and Offered Products and shall not be liable in any way for a compromise of your data.
If you object to your Personal Data being transferred or treated in this way please do not register.
15. User ID and Password
You are the only person authorized to use your user identification and password, and are not allowed to permit or allow other persons to have access to or use the same. You are responsible for the use of any of AustraliaGSM’s Websites or Offered Products under your user identification number, and for maintaining the confidentiality of your user identification and password and limiting access to your computer to prevent unauthorized access to your account and personal information.
For security purposes, unless otherwise noted, AustraliaGSM shall not disclose your user identification or password if you lose or forget it other than by sending it to your email address as provided during registration.
16. Confidential Information
Please note that, with the exception of credit card numbers and other personal information that you are required to fill in the forms as part of the use of the Software and/or the Offered Products, AustraliaGSM does not want to receive confidential or proprietary information from you through the Site. Any non-personal information or material sent to AustraliaGSM will be deemed NOT to be confidential. By sending AustraliaGSM any non-personal information or material, you grant AustraliaGSM an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that AustraliaGSM is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
17. Use of Information
Notwithstanding section 16 above, upon your registration you explicitly allow AustraliaGSM to transmit via the Internet, telephone, facsimile or any other means of communications, commercial, promotional material and advertisements of any kind and type in its sole discretion, whether its own or of a third party. If you wish to cease receiving such material and advertisements, you may do so by notifying AustraliaGSM.
Without limiting other remedies, AustraliaGSM may limit, suspend, or terminate your use of AustraliaGSM Websites or Software or Offered Products (including Paid Products) and delete your user account and/or user ID, and the use of any content or other material contained therein, at any time, with or without cause and without any recourse, with immediate effect and without any prior notice.
AustraliaGSM shall not be liable in respect to any damage caused by or arising of or in connection with the termination or suspension or restriction, irregardless of the reason thereof.
20. Economic Basis
21. Disclaimer of Warranties
21.2 ANY OF AUSTRALIAGSM’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; AUSTRALIAGSM AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS DO NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO ANY OF AUSTRALIAGSM’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. AUSTRALIAGSM AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS FURTHER DO NOT REPRESENT OR WARRANT THAT THE AUSTRALIAGSM’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DO AUSTRALIAGSM AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS WARRANT ANY SUCCSESS OR ACCEPTANCE OF A VISA THROUGH ANY OF AUSTRALIAGSM’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
21.3 AustraliaGSM’s Websites may allow you to access third party websites. Your access to and use of any third party websites, including any goods, services or information made available from such websites, is governed by the terms and conditions found at each third party website, if any.
22.1 You agree to indemnify, defend and hold harmless AustraliaGSM, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors, from and against all demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, made against AustraliaGSM by any third party due to or arising out of or in connection with your visit or use of any of AustraliaGSM’s Websites or Offered Products or Software.
22.2 You agree to defend, hold harmless and indemnify AustraliaGSM from and against any and all liabilities, damages, actions, costs, expenses, including without limitation attorneys’ fees, resulting from or arising of any and all third party claims, including without limitation your own.
22.3 As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
23. Limitation of Liability
23.1 YOU ACKNOWLEDGE AND AGREE THAT AUSTRALIAGSM, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OR VISIT OF ANY OF AUSTRALIAGSM’S WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
23.2 IN NO EVENT SHALL AUSTRALIAGSM, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INJURIES, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE VISIT OR USE OF ANY OF AUSTRALIAGSM’S WEBSITES OR OFFERED PRODUCTS OR SOFTWAREOR INABILITY TO USE SUCH, EVEN IF AUSTRALIAGSM, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23.3 YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DAMAGE, PROBLEMS OR DISSATISFACTION IN CONNECTION WITH ANY OF AUSTRALIAGSM’S WEBSITES OR OFFERED PRODUCTS OR SOFTWAREOR THE USE OR VISIT THEREOF IS TO CEASE USE OF SUCH WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
23.4 If, notwithstanding the other provisions of this User Agreement, AustraliaGSM is found to be liable to you for any damages or loss which arises out of or is any way connected with the use of this Site or the Offered Products or Software, AustraliaGSM’s liability shall in no event exceed the lesser of (a) the amount paid by you for the Offered Products; or (b) $50.00 (Australian Dollars). As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
24. Immigration Laws and Regulations
Immigration laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for consulting with your own professional immigration advisors concerning your specific circumstances. AustraliaGSM disclaims any responsibility for the accuracy or adequacy of any positions taken by you in your applications.
25. MARA Registration
AustraliaGSM works with a registered member of the Migration Agents Registration Authority (MARA) in Australia Our MARA-certified Australian immigration agent that we collaborate with is authorized to evaluate your options for immigration to Australia; recommend the Australian immigration option that best matches your personal profile; properly prepare and submit your forms and documents to the Australian government; and answer questions you have about your particular case should they arise.
26. Governing Law
Dispute Resolution. You agree that all matters relating to your access to or use of the Site, Offered Products and Software, including all disputes, will be governed by the laws of Cyprus without regard to its conflict of law’s provisions. You agree to the personal jurisdiction by and venue in the District Court in Larnaka, Cyprus and waive any objection to such jurisdiction or venue. Any claim under the User Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between AustraliaGSM and you arising out of or in connection with your use of the Site or Offered Products or Software, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. Nothing herein will be construed as prohibiting AustraliaGSM from applying to a court for an injunctive relief with or without prior written notice.
27.2 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.