Terms and Conditions

The term ‘Visapath Australia’ or ‘us’ or ‘our’ or ‘we’ refers to Visapath PTY LTD, the owner of the website. The term ‘Client or ‘you’ refers to the website user and purchaser of services offered on this website.

1. Website & Operator

These terms and conditions refer to the use of the website visapath.com.au as well as the use of the services offered on this website.

The website is operated by Visapath PTY LTD. Access to and use of the website, or any of its associated products or services, is provided by Visapath PTY LTD. Please read these terms and conditions carefully.

Visapath PTY LTD is registered under the Australian Business Number (ABN) 63 628 018 100.

You accept the terms and conditions by remaining on the website. You may also accept the terms by clicking to accept or agree to the terms where this option is made available to you by Visapath PTY LTD in the user interface.

Visapath PTY LTD provides services related to advising on Australian visas and immigration to Australia.

Consulting services, visa applications and visa lodging are handled by registered migration agents. Registered Migration Agents are bound by the Code of Conduct for Migration Agents. Code of Conduct and a Consumer Guide are available on this website as PDF documents or links.

The content of this website gives only an overview of the relevant Australian immigration law and is not a substitute for personalized and individual advice. No responsibility is assumed for the completeness and accuracy of the information presented on these pages.

2. Applicable law

These terms and conditions are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the terms and conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The terms and conditions shall be binding to the benefit of the parties hereto and their successors and assigns.

3. Visa Quick Assessment

The Visa Quick Assessment is a free questionnaire which is completed on our website and which provides a preliminary assessment of possible visa options based on the information provided by you. However, the information gathered through the Visa Quick Assessment questionnaire is not sufficient to provide comprehensive guidance on visa options. You should not and cannot rely on this result alone as a true indication of your ability to apply for migration.

We cannot guarantee the success of a visa application. The success of visa applications is only subject to the decision of the relevant Australian authorities.

The Visa Quick Assessment is free. The provision does not constitute a consultant-client relationship.

All data submitted by you as part of the Visa Quick Assessment will only be stored by us for processing your request and get in touch with you regarding the quick assessment.

4. Initial consultation packages

The following initial consultation packages are available on this website:

  • Visa Consultation
  • Visa Expertise

The respective Statements of Service will be given to you prior to purchase the service and are additionally provided by e-mail.

The provision of these initial consulting services rely on the information provided by the client. The client is responsible for the accuracy and completeness of the information provided.

We cannot guarantee the success of a visa application. The success of visa applications is only subject to the decision of the relevant Australian authorities. If the information provided by the client is not correct, the service may not be accurate.

5. Visa services

The following visa services can be purchased directly via the website:

  • Application for an eVisitor visa (651) by Visapath PTY LTD on behalf of the client
  • Application for a Working Holiday visa (417) by Visapath PTY LTD on behalf of the client
  • Application for a Resident Return visa (155) by Visapath PTY LTD on behalf of the client

The respective Statements of Service will be given to you prior to the purchase of the service and are additionally provided by e-mail.

The objective of our professional services is to present the visa application to the Immigration Department in the best possible manner in compliance with Australia’s immigration laws, policies and procedures.

We will provide recommendations on how you can best comply with Australian Government requirements to lodge a valid and complete visa application.  You must be aware that lodging a complete visa application may depend upon time constraints such as to when any existing visas may expire and when you wish your application to be lodged.

The provision of this service is based on the information provided by the client. The client is responsible for the accuracy and completeness of the information provided.

The client must provide documents and information within the timeframes provided (work on the matter can not commence until all documents and information have been provided).

The client must keep us informed of any change in address, contact details or if there is any change in your circumstances (we will determine if the change is material to thevisa application).

The client is obliged to provide complete and correct information and not to submit false documents. It is a serious offense to provide false information or to submit false documents in a visa application.

We do not guarantee the grant of a visa by the Australian authorities. The success of visa applications is only subject to the decision of the relevant Australian authorities. Even in the case of a visa grant, the visa can be cancelled by the Australian authorities and entry to Australia denied. Visapath PTY LTD has no control over this and is not liable for any damage due to the cancelation of a visa or refused entry.

The contract is fulfilled with the grant of a visa or the refusal of the visa application. Advice regarding an appeal or lodging an appeal against a visa refusal or visa cancellation is not included in the agreed services.

Resident return visa (155):

The online service for a Resident Return visa (155) covers only cases in which the residency requirement is fulfilled and the client has no criminal convictions. If it turns out that this is not the case, Visapath will propose a new fee agreement based on the complexity of the work or terminate the contract. The client can choose to accept the new fee agreement or to terminate the contract. In the case of termination the conditions specified in section 6 apply.

Visapath PTY LTD checks the current visa status of the applicant based on the provided passport details. The applicant gives Visapath PTY LTD  the permission to check the applicant’s visa status directly in the VEVO System of the Department of Home Affairs. 

If the applicant is not eligible for a resident return visa or the applicant holds an ATR or Return endorsement Visapath PTY LTD will advice the applicant on his visa status and will not lodge the application. In this cases the service fee is reduced to $150 and the applicant receives a refund of the difference between the paid amount and $150.

If the visa check shows that the current visa is still valid for one year or more Visapath PTY LTD will contact the applicant and advise him on the validity of his visa. If, as a consequence, the applicant chooses not to lodge an application the service fee is reduced to $150 and the applicant receives a refund of the difference between the paid amount and $150.

Working Holiday Visa (417)

By purchasing visa services for a Working Holiday visa, the customer is entitled to use the Australian postal address provided by Visapath PTY LTD for applying for an Australian Tax File Number (TFN). The use of this additional service is optional. If the customer uses this service and uses the provided mailing address in his application for a TFN as his postal address, the customer agrees that Visapath PTY LTD opens the incoming mail from the Australian Tax Authority (ATO), scans it and sends it as a pdf document to the customers by e-mail. The original ATO letter will be destroyed after three months. The provided postal address can only be used for the purpose of applying for a tax number. The customer is not entitled to use the address for any other purpose. Visapath PTY LTD is not obliged to accept any incoming mail other than letters from the ATO or to forward other mail to the customer. The customer is solely responsible for providing the correct and complete postal address when applying for a TFN. Visapath PTY LTD takes no responsibility for mail that is lost during delivery by post or which is undeliverable due to an incorrect or incomplete postal address.

6. Fees, payment and termination of contract

Where the option is given to you, you may make payment for the services by way of:

  • Credit Card Payment (‘Credit Card’)
  • PayPal Australia Pty Limited (‘PayPal’)

All payments made in the course of your use of the services are made using Paypal and Stripe (‘Paypal and Stripe’). In using the website, the services or when making any payment in relation to your use of the services, you warrant that you have read, understood and agree to be bound by the Paypal and Stripe terms and conditions which are available on their website.

You acknowledge and agree that where a request for the payment of the services fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the services fee.

All fees paid by clients for services purchased via the website are kept in our clients’ account upon completion of the service. After completion of the service all fees are transferred to our business account.

In the event of the termination of the contract by the client, Visapath PTY LTD will provide you with no refund for the initial consultation packages (Visa Consultation, Visa Expertise) or visa services (eVisitor visa, Working Holiday visa, Resident Return Visa) if Visapath PTY LTD has already begun processing the service. If Visapath PTY LTD has not yet commenced processing the service, a refund of the agreed fee will be made, less an administration fee of A$ 100. However, the maximum amount of the administration fee is limited to the total fee the client paid for the service. If the one-to-one consultation included in the visa expertise package has not taken place eight weeks after submission of the written expertise (Visa Expertise), due to circumstances Visapath PTY LTD is not responsible for, the service and the contract shall be considered as fulfilled.

If the client wishes to terminate the contract for the application for a Working Holiday visa or a Resident Return Visa after Visapath PTY LTD has begun processing the application, but before submitting the application, Visapath PTY LTD will refund the visa application charge, which is included in the total fee. The refund will be paid into a bank account designated by the client less the costs for bank transfer and currency conversion.

Visapath PTY LTD may at any time, terminate the contract with you if:

  • you have breached any provision of these Terms and Conditions or intend to breach any provision or
  • you don’t respond to enquiries or don’t provide documents in a timely manner
  • you provide fraudulent or bogus information or documents
If you don’t respond to enquiries for four weeks although Visapath PTY LTD made at least three attempts to contact you, you don’t respond in a timely manner.

Visapath PTY LTD will advise you on the reasons for the intended termination before we terminate the contract. If Visapath Pty Ltd terminates the contract based on one of the reasons above it shall be entitled to the full fee. Visapath Pty Ltd will refund the visa application charge if the the contract is terminated before a visa application was lodged.

 
Furthermore, Visapath PTY LTD may also terminate the contract with you if:
  • you are ineligible for the service
  • Visapath PTY LTD is required to do so by law or
  • the provision of the services to you by Visapath PTY LTD is, in the opinion of Visapath PTY LTD, no longer commercially viable.

Visapath PTY LTD will advise you on the reasons for the intended termination before we terminate the contract. If Visapath PTY LTD terminates the contract based on one of the reasons above it shall be entitled to a fee for already rendered services based on an hourly rate of A$ 250,-.  Visapath PTY LTD will refund the visa application charge if the the contract is terminated before a visa application was lodged.



7. Limitation of liability

Visapath PTY LTD’s total liability arising out of or in connection with the services or these terms and conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services to you.

You expressly understand and agree that Visapath PTY LTD, 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. 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.

8. Indemnity

You agree to indemnify Visapath PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • 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;
  • any direct or indirect consequences of you accessing, using or transacting on the website or attempts to do so; and/or
  • any breach of the terms.



9. Communication between client and Visapath PTY LTD

The client consents to receive electronic communications and agrees that communications we provide to you electronically, via email and on this website, satisfy any legal requirement that such communications be in writing.

10. Communication with authorities and authorization of Visapath PTY LTD

By purchasing visa services through this website, the client agrees that Visapath PTY LTD will provide his personal data and all relevant information required for their visa application to the Australian authorities.

The client authorises Visapath PTY LTD to receive written communication on his behalf in relation to the visa application.

The client authorises Visapath PTY LTD to receive health and character information about the client, the clients’ spouse, de facto partner or dependants, that may arise, or be revealed in the course of the visa application.

11. Commissions / Affiliates

In certain cases, Visapath PTY LTD may receive commissions, referral fees or marketing contributions from third parties where we refer users from this site to external websites that are not under the control of Visapath PTY LTD. We do not accept any liability or responsibility for these services provided by a third party. We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or material.
Any dealings between you and any third party advertiser or merchant mentioned or linked to by means of a link from
this website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Visapath PTY LTD will not be held responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.


12. Privacy Policy and Website Disclaimer

The Privacy Policy and the Website Disclaimer for this website are part of these terms and conditions.

13. Consumer protection

If you have a problem with our service, we kindly ask you to let us know so that we can resolve the problem quickly and courteously. Our goal is to ensure that any issues are resolved to your satisfaction. In the event of a dispute, the services agreed through this site are subject to the Australian Consumer Law (ACL). Information on the rights and obligations of businesses and consumers under the ACL can be found on the Australian consumer protection website http://consumerlaw.gov.au.

14. Conflict resolution

If any dispute arises out of or in connection with this agreement or the breach, termination, validity or subject matter of this agreement, the parties agree to attempt to resolve the dispute by mutual consent and reach a mutually acceptable agreement. If a party requests to discuss a dispute, the parties should try to reach an agreement within 28 days of this request. After 28 days, each party can take legal action.

15. Independent legal advice

Both parties confirm and declare that the provisions of the terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16. Severance

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.

17. Contact

You can contact us per e-mail: info@visapath.com.au.
Our postal address is Visapath PTY LTD, Suite 427, 585 Little Collins Street, Melbourne VIC 3000, Australia.

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