(a)“Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of opportunity, loss of production and any other special, indirect, incidental, exemplary, compensatory or consequential damages, losses or expenses, howsoever arising or caused, including, without limitation, negligence;
(b) “personal information” means information that can be associated with a specific person and can be used to identify that person and includes your Information. We do not consider personal information to include information that has been made anonymous or aggregated so that it cannot be used, whether in combination with other information or otherwise, to identify a specific person;
(c)“Related Entity” has the meaning given to that term in section 9 of the Corporations Act 2001 (Cth);
(d) “Services” means any services provided by Us from time to time, including the Website;
(e) “Us” means Glorious Immigration and “We” or “Our”” shall be interpreted accordingly; and
(f) “Website” means any Website owned and operated by Us from time to time;
(g) “You” means the person or entity that accesses and/or uses our Services and Your” shall be interpreted accordingly.
- How we collect personal information
3.1 Glorious Immigration collects personal information in a number of ways, including:
(a) when you provide information directly to Glorious Immigration in person, by phone or in writing (whether by email or any other electronic means or otherwise);
(b) when you visit and/or use any Website operated by Glorious Immigration, in which case, Glorious Immigration records information sent to us by your computer, mobile device or other access device;
(c) when you contact us through WhatsApp or other messaging apps;
- d) from third parties such as Glorious Immigration’ Related Entities, employees and contractors.
3.2 In some circumstances, personal information is provided to us by third parties or other organisations conducting activities on your behalf. It is assumed that you have provided consent for your personal information to be used and disclosed to us this way.
- What we collect
4.1 We may collect the following types of personal information in order to provide the Services:
(a) your name, phone number, mobile telephone number, email address, and other contact information;
(b) any information provided by you, including information required in order to provide you with the Services we offer;
(c) personal information you provide to us through any discussions boards, correspondence, disputes, or shared by you from other social media, applications, services or Websites;
(d) to the extent permitted by law, other personal information provided by or obtained from third parties (such as a credit bureau) including navigation and demographic data and credit check information; and
(e) additional personal information we ask you to provide to verify your identity or the information provided to us by you.
4.2 It is our policy never to knowingly collect or maintain information about anyone under the age of 13 unless this is required in order to provide the services.
4.3 In the event you do not provide personal information that we request, we may not be able to provide the services to you.
- Automatic Collection of your Personal Information
5.1 When you visit our Website, our internet service provider automatically records the following information about you:
(a) your server address;
(b) the Website you visited immediately prior to ours;
(c) your domain name;
(d) date and time of your visit to our Website;
(e) pages you accessed and the information or documents you downloaded;
(f) type of browser you used; and
(g) any other information we request our Internet Service Provider to record from time to time.
- How personal information is used
6.1 Our principal purpose in collecting, using and storing your personal information is to provide the Services in a personalised, safe and efficient manner. You consent to us collecting, using, storing, sharing and disclosing your personal information to:
(a) provide, administer and manage the Services;
(b) research, develop and improve the Services;
(c) communicate with you;
(d) conduct surveys to determine use and satisfaction with the Services;
(e) generate statistics in relation to the Website;
(g) enforce any agreement between us and you;
(h) verify information for accuracy or completeness (including by way of verification with third parties);
(I) comply with our legal obligations, a request by a governmental agency or regulatory authority or legally binding court order;
(k) aggregate and/or make anonymous your personal information so that it cannot be used, whether in combination with other information or otherwise, to identify you;
(l) collect fees, resolve disputes and to identify, test and resolve problems;
(m) supply you with generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications, and measure and improve our marketing, advertising and promotions based on your ad customisation preferences; or
(n) protect a person’s rights, property or safety.
6.2 For the avoidance of doubt you consent to Glorious Immigration providing any information considered necessary by Glorious Immigration to third parties such as government entities to enable us to provide you with the Services.
6.3 For the avoidance of doubt you consent to Glorious Immigration providing your personal information to an overseas recipient in accordance with clause 6.1.
6.4 In the event we share your personal information to third parties in accordance with this clause you agree and acknowledge that Glorious Immigration does not control the use, storage or disclosure of that information by such third parties (nor their privacy policies if any), who may apply different privacy rules and practices. As a result, in the event you suffer a Loss as a result of the conduct of such third parties in relation to the handling of your personal information, you release and hold harmless Glorious Immigration (and its Related Entities, officers, directors, agents, employees and contractors) from actions, claims, demands and Losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such Loss.
- Disclosure of personal information
7.1 By submitting data to us electronically, you are providing explicit consent to trans-border transmission of data collected via our Website.
7.2 We may disclose your personal information to third parties for the purposes contained in clause 6, including without limitation to:
(a) our staff members;
(b) contractors and outsourced service providers who manage the services we provide to you, including: –
(i) registered migration agents;
(ii) information technology service providers;
(iii) debt-recovery agencies;
(c) your authorised representatives;
(d) third parties to whom you expressly ask us to send or consent to us sending, your personal information;
(e) our professional advisers, including our accountants, lawyers and auditors;
(f) government and regulatory authorities and other similar organisations, as required or authorised by law;
(g) our Related Entities; and
(h) such entities that we propose to merge with or be acquired by.
8.3 Cookies may be used to provide you with the services, including to identify you as a User of the Website, remember your preferences, customise and measure the effectiveness of the Website and our promotions, advertising and marketing, analyse your usage of the Website, and for security purposes.
8.4 You also may encounter cookies used by third parties and placed on certain pages of the Website that we do not control and have not authorised (such as web pages created by another user). Glorious Immigration is not responsible nor liable for the use of such cookies.
8.7 We reserve the right to collect more extensive information about any attempted access to our Website that raises security issues and make the appropriate disclosures to the relevant authorities.
- No Spam, Spyware or Spoofing.
9.1 You are prohibited from engaging in spam, spyware or spoofing type activities, regardless of whether directed towards Glorious Immigration or other users of Glorious Immigration.
9.4 To report spam, spyware or spoof activities to Glorious Immigration, email us at [email protected]
- Storage and security
10.1 We store and process your personal information on our host’s servers, currently located in multiple locations around the world. You consent to the transfer, storage and retention of that information onto the servers of our host provider used from time to time by Glorious Immigration, regardless of the location of those servers. You acknowledge and agree that we save your personal information to hard drives, servers in Australia and other countries, iCloud, and in printed form at various locations.
10.2 Glorious Immigration has taken reasonable steps to protect your personal information. These measures are designed to mitigate, but do not guarantee against, the risk of loss, misuse, unauthorised access, disclosure and alteration.
10.3 To the extent permitted by law, we reserve the right to retain and store your personal information for such period as is deemed necessary by Glorious Immigration in its sole discretion. If we determine that we no longer need to hold your personal information, we will take reasonable steps to destroy or permanently de-identify that information. Generally, we will store your personal information for 7 years.
- Access to information
11.1 You may request to access the personal information we hold about you. All requests for access will be processed within a reasonable time.
11.2 In certain instances we may not be required or able to provide you with access to your personal information. If this occurs, we will give you reasons for our decision not to provide you with such access to your personal information.
11.3 There is no application fee for making a request to access your personal information. However, we may charge an administrative fee for the provision of information in certain circumstances such as if you make repeated requests for information or where the information is held by a third party provider.
- Opting out
12.1 You may opt out of receiving our marketing, advertising and promotional notices, offers and communications by communicating this to us by email to: [email protected]
- Contact Us
Terms of Services
The Website under the domain namegloriousimmigrationservices.com.au and its related services, products, Websites, tools and applications (“Website”) is owned and operated by Glorious Immigration Services Pty Limited(“Agency”).
You must read these terms of service (“Terms of Service”) and all other Policies (as defined below) before using the Website. By using the Website, you agree to these Terms of Service and all Policies.
We may amend these Terms of Service or any Policy at any time at our discretion. Please review the Terms of Service and our Policies periodically as your continued use of the Website indicates your agreement to any changes made. All amended Terms of Service and Policies shall automatically be effective from the time and date of appearance on our Website (unless otherwise stated in the Terms of Service or Policy). If you do not agree with such changes, you must cease to use the Website. These Terms of Service are effective as at 4 March 2016.
1.Definitions & Interpretation
In these Terms of Service unless inconsistent with the context or subject matter:
(a) “Agency” means Glorious Immigration Services Pty Limited;
(b) “Client” means a person who accesses the Website for the purpose of obtaining Services;
(c) “Client Information” means any information relating to a client that is provided by the client to the agency or provider in connection to the services;
(d) “Content” includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise;
(e) “Information” means any information, Content, documents, links or attachments a Client provides to us including through the Website;
(f) “Intellectual Property “means all intellectual property rights, including without limitation inventions, patents, copyright, rights in circuit layouts, registered designs, trademarks, know-how, processes, concepts, intellectual property in name “Glorious Immigration Services”, the Website, the system developed by the Agency and used on the Website and the source code for that system, and any right to have Information kept confidential and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms of Service;
(g) “Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data (howsoever arising or caused, including, without limitation, negligence);
(h) “our”, “us” and “we” means Agency;
(i) “Policy” means any policy of Agency in place from time to time including without limitation any policy relating to privacy, fees, refunds and service;
(j) “Related Entity” Related Entity has the meaning given to it in section 9 of the Corporations Act 2001 (Cth);
(k) “Services” means any services provided by us to you pursuant to these Terms of Service and includes provision of the Website and any migration services sought by you;
(l) “User” means any person who uses the Website for any purpose whatsoever;
(m) “Website” means gloriousimmigrationservices.com.au; and
(n) “you” and “your” means a Client.
In these Terms of Service, unless inconsistent with the context or subject matter:
(a) a reference to a person includes any other legal entity;
(b) a reference to a legal entity includes a person;
(c) words importing the singular number include the plural number;
(d) words importing the plural number include the singular number;
(e) the masculine gender must be read as also importing the feminine or neuter gender;
(f) a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
(g) headings are for reference purposes only and must not be used in interpretation, with the exception of where a subheading of Client, User and/or Provider is used, in which case clauses under that subheading relate to the party referred to in the subheading;
- h) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(i) a reference to a statute includes all regulations and subordinate legislation and amendments;
(j) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;
(k) a reference to a monetary amount is a reference to an Australian currency amount;
(l) an obligation of two or more parties binds them jointly and each of them severally;
(m) an obligation incurred in favour of two or more parties is enforceable by them severally;
(n) references to time are to local time in Victoria;
(o) where time is to be reckoned from a day or event, the day or the day of the event must be excluded;
(p) a reference to a business day means any day on which trading banks are open for business in Victoria;
(q) if any time period specified in this agreement expires on a day which is not a business day, the period shall expire at the end of the next business day;
(r) a reference to a month means a calendar month; and
(s) a reference to data includes metadata.
2.1 Our Services are available only to, and may only be used by, persons who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to persons under 18 years of age. If you do not qualify, please do not use our Services.
- Your Obligations
4.1 You must use the Website and our Services in accordance with these Terms of Service and our Policies. You must also ensure that you comply with all clauses of these Terms of Service and all Policies and all terms and policies included by reference in those documents.
4.2 Your use of the Website and our Services, and your Information, must not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or deceptive;
(c) infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law such as the Competition and Consumer Act 2010 (Cth));
(e) be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
(f) be obscene, pornographic or indecent or contain adult material or vulgar, profane, discriminatory, offensive or racist language;
(g) contain comments of a religious, political or social nature;
(h) contain any viruses, Trojan horses, worms, time bombs, trap doors, back doors, Easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of this Website;
(i) create liability for us or cause us to lose (in whole or in part) the services of our internet service provider, Providers, other Users or other suppliers;
(j) damage the credibility or integrity of the Website or Agency;
(k) breach or violate any Policy;
(l) link directly or indirectly to or include anything that:
(i) you do not have a right to link to or include;
(ii) could cause us to violate any applicable law, statute, ordinance or regulation.
- Fees & Services
5.1 If you use our Services, you will pay the agreed fee in respect of the provision of the Services to usat the times agreed to by us. You must pay any amounts directly to us, and not to the migration agent assisting you.
- Website Information
6.1 The Website contains Information and Content prepared by the Agency or by third parties such as Providers at the request of the Agency (“Agency Information”) of a general nature on matters of interest only, including information relating to the Services. The Website and Agency Information does not take into account your personal situation or provide you with any advice or guarantee in respect of your ability to obtain a visa. For the avoidance of doubt, any online assessment provided through the Website by us is of a general nature only, and we make no warranties, representations or guarantees that you will be successful in obtaining a visa, even if the online assessment indicates that you will be successful. As such, the online assessment should not be used as a substitute for consultation with migration professionals.
6.2 The Agency is not responsible for any errors or omissions, or for the results obtained from the use of information contained in or linked to the Website (including Agency Information or that provided by other Users). In no event will Agency or its Related Entities, officers, directors, agents, employees, consultants or contractors be liable to you or anyone else for any decision made or action taken or omission in reliance on the information in or linked to the Website (including the Agency’s Information and the online assessment) or for any consequential, special or similar damages or other Loss, even if advised of the possibility of such damages. Certain links in the Website connect to other Websites maintained by third parties over whom Agency has no control. Agency makes no representations as to the accuracy or any other aspect of information contained in other Websites.
6.3 All Agency Information in this Website is provided to the extent permitted by law, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this Agency Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in Agency Information.
6.4 We may send you communications and notices regarding your transactions and any other communications you have consented to receive including without limitation by electronic means.
- Intellectual Property AND DATA
7.1 Agency Information and Intellectual Property is protected by copyright and other proprietary rights and remains the property of Agency.
7.2 You acknowledge and agree that:
(a) you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Website) any Agency Information unless in a manner condoned by Agency or with the prior written permission of Agency or the appropriate third party authorised to grant such permission and when doing so you must acknowledge us and, in the case of Websites, include a link from your Website to our Website;
(b) Agency owns the Intellectual Property and no right, title or interest in any of the Intellectual Property is transferred or granted to the you;
(c) you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Website) any of Agency’s Information or Intellectual Property unless with the prior written consent of Agency or the appropriate third party authorised to grant such permission and when doing so you must acknowledge Agency and, in the case of Websites, include a link from the Website to the Website;
(d) if you add any Information to the Website of any nature whatsoever that Information is personally attributable to you then you warrant that you have the right to distribute that Information;
(e) when you provide Information, we may receive additional related data, such as the time, date and place you provided the Information;
(f) we receive data from or about the computer, mobile phone, or other devices you use to access the Website. This may include network and communication information, such as your IP address or mobile phone number, and other information about things like your internet service, operating system, location, the type (including identifiers) of the device or browser you use, or the pages you visit;
(g) we store data for as long as we consider necessary;
(h) you grant Agency a perpetual, irrevocable, worldwide, royalty free, transferable, sub-licensable and unlimited licence to use, modify, aggregate, sell and distribute any Information (including Information relating to you) in any media (now known or not known) or other entity as Agency sees fit; and
(i) Agency is not liable or responsible for any Loss that you may experience in submitting Information to Agency or for Agency’s use of your Information in accordance with the licence granted.
7.3 Agency may at its sole and absolute discretion refuse or remove any Information from the Website.
8.1 Without limiting other remedies available to Agency at law, in equity or under these Terms of Service or any other Policy or otherwise, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of the Website and/or refuse to provide our Services to you if:
(a) you breach these Terms of Service or any Policy or the terms and policies those documents incorporate by reference; or
(b) we are unable to verify or authenticate your Information; or
(c) we believe that your actions may cause legal liability for you, Users of the Website or us; or
(d) in our sole opinion, your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of the Website (or the operation thereof) or Agency; or
(e) we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent or deceptive activity in connection with our Website.
- No Warranty and disclaimers
9.1 We and our suppliers provide the Website and our Services on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties including in relation to title, merchantability, fitness for a particular purpose and non-infringement. Furthermore, we do not guarantee continuous, uninterrupted or secure access to our Services or your Information, and operation of our Website may be interfered with by numerous factors outside our control.
9.2 You warrant that you have not relied upon any representations, warranties or conditions offered or made by or on behalf of Agency except to the extent expressly set out in these Terms of Service.
9.3 To the extent that Agency and its related entities, related bodies corporate and suppliers are able to limit the remedies available under these Terms of Service, and subject to clause 10, Agency and its Related Entities, related bodies corporate and suppliers expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation or law to the amount of $10.00 or the costs of providing the Services again, whichever is the lesser.
9.4 No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect your Information, we do not warrant and cannot guarantee the security of your Information which you transmit through the Website. Accordingly, your Information which you transmit through the Website is transmitted at your own risk. Nevertheless, once transmitted we will take reasonable steps to preserve the security of such Information. We cannot guarantee the confidentiality or security of your Information or Feedback which is provided to other Users of the Website through the Website. We cannot guarantee that your Information remains solely in the hands of those recipients of that information or that those recipients comply with their confidentiality obligations as required under our Policies, and we will not be responsible or liable for any Loss incurred in this regard. You must inform Agency immediately of any breaches of security or unauthorised use of your Information.
9.5 The Website may contain a number of links to other internet sites which are operated by third parties. You acknowledge and agree that we are not responsible either directly or indirectly for any Loss caused by use of or reliance on linked sites.
10.1 In no event shall Agency or its Related Entities, officers, directors, employee’s agents, contractors or suppliers be liable for any Loss arising out of or in connection with:
(a) the failure by you to obtain a visa or any other item or thing sought through the use of our Services;
(b) our Website, use of the Website or the inability to use the Website by any party;
(c) any failure or performance, error, omission, interruption, defect, delay in operation or transmission, including any Loss caused by any failure or performance, error, omission, interruption, defect, delay in operation or transmission arising out of or in connection with the Services;
(d) line or system failure or the introduction of a computer virus or other technical sabotage; or
(e) our Services, even if we or our employees or representatives are advised of the possibility or likelihood of such Loss.
10.2 You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that Agency and its Related Entities, officers, directors, employees, agents, contractors and suppliers have no responsibility for the actions of other Clients (including the legality of such actions).
10.3 Without prejudice to clause 9 and notwithstanding any other provision of these Terms of Service and except to the extent permitted by law:
(a) our total liability arising out of or in connection with these Terms of Service, and the liability of our suppliers, to you or any third parties in any circumstance is limited per event to the amount of $10.00; and
(b) Agency shall not be liable for loss of contract, loss of profit or revenue, contractual claims of third parties, economic loss, loss of production, business interruption, loss of data, production stoppage, or consequential or indirect loss or damage.
10.4 The limitation and exclusion of liability in this clause 10 applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
10.5 Notwithstanding any other term in these Terms of Service, nothing in these Terms of Service is intended to limit or exclude any liability on the part of Agency or its Related Entities, officers, directors, employees, agents, contractors or suppliers where and to the extent that applicable law prohibits such exclusion or limitation.
You agree to indemnify and hold us and our Related Entities, officers, directors, agents, employees, contractors and suppliers harmless from and against any actions, claims, demands, proceedings, Loss of every kind and nature, known and unknown, including reasonable solicitors’ fees and claims made by third parties, due to or arising out of your breach of these Terms of Service or any Policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party, or otherwise in arising in connection with these Terms of Service or the Services.
- Legal Compliance
You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our Services including the Competition and Consumer Act 2010(Cth) and other relevant legislation.
13.1 Accessing information from the Website is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.
13.2 These Terms of Service are governed by the laws of Victoria and the Commonwealth of Australia which are in force in Victoria and the parties submit to the jurisdiction of the Court of Victoria, relevant Federal Courts and Courts competent to hear appeals from them.
13.3 These Terms of Service shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
13.4 If a clause of these Terms of Service are void or unenforceable it must be severed from these Terms of Service and the clauses that are not void or unenforceable are unaffected by the severance.
13.5 You agree that these Terms of Service and all incorporated agreements may be assigned by Agency, in our sole discretion, to Related Entities or third parties. You may not assign these Terms of Service without Agency’s express prior written consent.
13.6 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
13.7 Agency’s failure to act with respect to a breach by you or others does not constitute a waiver of that breach or waive our right to act with respect to that breach or subsequent or similar breaches.
13.8 You agree that these Terms of Service may not be construed adversely against us solely because we prepared them.
13.9 These Terms of Service and the Policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.
13.10 Nothing in these Terms of Service or your use of the Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties including in particular between Agency and Clients.
13.11 Any provision capable of surviving termination of these Terms of Service shall survive any termination or expiration of these Terms of Service.
13.12 Should a dispute arise in connection with these Terms of Service or with your use of the Website which cannot be resolved by good faith negotiations between us and you, Agency may at its sole discretion refer the dispute to mediation or to arbitration. At all times we reserve the right to instigate legal proceedings prior to negotiation, arbitration or mediation against any person including any individual or entity (incorporated or otherwise), who in our opinion has acted in breach of these Terms of Service.
13.13 The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.