OpenVisa Standard Customer Terms and Conditions

1. Why is this important?

1.1 This is a legal agreement between You and Us. Although we have attempted to write this agreement in simple terms, this is a serious document that you need to read and agree to in full. In this agreement, we may also be called ‘us’, ‘our’, ‘we’, or ‘OpenVisa’. In this agreement, you may also be referred to as ‘your’, ‘customer’, ‘purchaser’, or the ‘user’.

1.2 OpenVisa provides services subject to the following Terms and Conditions. When you visit our Website (including www.openvisa.co and any other website, platform or application operated by us), you are confirming that you agree to these Terms and Conditions. If you use our services your use will be governed by these Terms and Conditions. If you disagree with these Terms and Conditions, you must leave the website and will not be able to use our services.

1.3 From time to time we will update these Terms and Conditions. Without knowing who you are, it is up to you to check these Terms and Conditions prior to using our services.

2. Registering as a user

2.1 You will need to register as a user to access our services and provide us with personal information. The information you give us must be correct and accurate. If you don’t give us the information we request, we may not be able to offer the services you require or complete your registration.

2.2 You must not give us inaccurate or misleading information or pretend to be someone you are not or access someone else’s account. If you do this, we will deactivate your account and may take further action against you.

2.3 When you register you will be able to choose a password. You must keep your password safe and secure. It is up to you to change your password if you think that someone else has accessed your account.

3. Who can use our Website

3.1 Anyone can access our Website so long as they are over the age of 18. You must be over the age of 18 at the date you access our Website, register as a user or make any purchase.

4. Limitations of our responsibility

4.1 Upon making payments for the services selected, you can create a personal profile and complete forms for a specific visa application for Australia. You can upload and store documents or supporting evidence for your visa application to be reviewed by a registered migrant agent (Third-party Providers).

4.2 Our free online assessment may not be taken as substantive immigration advice. We recommend you use the feedback provided as a preliminary assessment only to determine whether you meet the basic eligibility criteria.

4.3 As much as we love helping by making the visa application process easier, the free online assessment must not be taken as your only immigration advice. We recommend you use our assessment as a guide to determine if you meet the basic eligibility criteria. If you’re stuck, we offer a custom consultancy which can advise you on your visa situation.

5. What you must not do our Website

5.1 When visiting our Website, you must not try to gain access to areas of the Website that are restricted or use any unauthorised means to access content on the Website.

5.2 All material published on our Website is copyright and must not be reproduced without the prior written consent of OpenVisa.

5.3 You must not attempt to hack our Website, overcome the security we have in place, log into our Website as someone that you are not, or fraudulently gain access to any data or information.

6. Code of Conduct

6.1 Only registered migration agents can legally give immigration assistance in Australia. To do this, they must be listed on the Register of Migration Agents, held by the Office of the Migration Agents Registration Authority. Our Agents operate under a strict Code of Conduct. You acknowledge that you have had access to and the opportunity to read this document in full prior to making any payment to OpenVisa.

7. Payment of Services

7.1 All Fees shown on our Website are in Australian Dollars and inclusive of Goods and Services Tax (GST). Fees shown are only valid for the time that they are advertised on our Website and may change without notice.

7.2 The Fees charged by OpenVisa is for the services selected and does not include any fees charged by the Department of Home Affairs for lodgement of the Visa Application, English language tests, skill & medical assessments, appeals etc.

7.3 You must pay for the services in full, unless otherwise stated on our Website. We do not accept any method of payment other than those listed on the Website. We do not accept payments by cash.

7.4 You understand and accept that whatever the outcome of the migration application, these fees, including those charged by OpenVisa are not refundable.

8. Services and fees

8.1 OpenVisa provides three (3) level of services:

8.1.1 Standard Service

  • Create your profile, store your evidence and documents, fully accessible throughout your entire migration journey
  • Final review by a Registered Australian Migration Agent
  • Lodgement by a Registered Australian Migration Agent
  • You are the main point contact for all correspondence with the Department of Home Affairs

8.1.2 Additional Service

  • All the standard services above
  • Agent assistance with the entire application, including if required, assisting with:
    • Templates for supporting evidence
    • Coordinate your medical examination*
    • Arrange your police checks*
    • Translate your documents*
    • Prepare letter of intent
  • Provide ongoing status reports concerning developments as they occur
  • Registered Australian Migration Agent as main point of contact with the Department of Home Affairs

8.1.3 Initial consultation

  • Complete a serious of questionnaire and our registered migration agent will advise you on which visa subclass (if any) you’re eligible to apply.

It may be necessary for you to pay additional fees such as medical cost for the purposes of medical examination(s), translations/ interpreters, costs of obtaining police clearances from Australia and overseas authorities.

8.2 The Fees are based on the service level selected at the time of payment, and varies depending on the type of visa you are applying for. The Fee is an agreed sum concerning the work outlined in the service and does not include any additional work. Additional work may include, but are not limited to:

8.2.1 Any substantial matter affecting the work which was not known by us when this document was written.

8.2.2 All work done in response to unreasonable or repeated requests for information.

8.2.3 All additional work made necessary due to your failure to:

  • Notify us of any change of address or contact details; or
  • Respond to telephone calls, emails, and letters.

8.3 Section 313 of the Migration Act imposes an obligation to provide particulars of the service to be rendered and the charges to be levied in respect of those services. As this is an agreed sum you therefore agree that the fee is reasonable, the requirement for a statement of services and ‘particulars’ does not import a requirement for an itemised account to be prepared on a time costed basis.

8.4 In submitting the application to OpenVisa and clicking the “PAY NOW” button you agree to receive in full satisfaction of the section 313 requirements a tax invoice in general terms particularising the general rather than the elements of the specific services to be provided to you or services that have already been provided.

8.5 You shall pay the Department of Home Affairs the Visa Application Fee for the migration application the (“application fee”), which varies depending on the visa subclass (Sch 1 Item 1223A(2)(a)). The application fee is payable at the time of application lodgement.

8.6 You understand and accept that whatever the outcome of the migration application, these fees are not refundable.

8.7 You understand and accept that for the purpose of the migration application, it may be necessary for you to pay the following fees, namely:

  • Medical cost for the purposes of medical examination(s),
  • Translations/ interpreters, if required,
  • Costs of obtaining police clearances from Australia and overseas authorities.

8.8 Where necessary, OpenVisa shall advise you the time, place and manner of payment of the fees to third parties. OpenVisa shall advise you in the event that the amount of the fees payable to third parties changes or in the event that there are additional fees payable to the third parties.

9. Outcome of the visa application

9.1 OpenVisa is not part of the Australian Government and we do not have the authority to grant you a visa. We can only connect you with a Registered Migration agent to assist and advise you in your migration to Australia, who has agreed to handle your case to the very best of their ability. We will do all that is reasonably and ethically in our power to bring about desirable results for your application. The final decision on all visa applications are made by the Department of Home Affairs.

9.2 We cannot be held responsible for any inaccuracy arising from changes to such legislation and policy which are not publicly available at the time the Service is provided or which may occur after the service has been provided. The accuracy of our advice depends on the exhaustive, correct information provided by you, the applicant. We are not responsible for any inaccuracy of our advice due to the incorrect/misleading information provided to us on your part with respect to your circumstances.

9.3 Using registered migration agents does not speed up the processing time by the Department of Home Affairs.

10. Limitations of our responsibility

10.1 Our reputation is built on our ability to provide premium service and migration advice but there are limits to what we are or will be liable for.

10.2 We cannot guarantee that the Website will be free of errors, faults, or mistakes. As we are, in fact, relying on Third-Party providers to provide the services such as the review of your application, we are reliant on those third parties providing correct and up to date information to you.

10.3 Before you purchase the service, it is entirely up to you to ensure that you meet all the requirements of the application.

10.4 To the maximum extent allowable by law we do exclude liability to you or anyone else for any loss or damage (including consequential loss) that arises as a result of:

10.4.1 A virus, bug, worm, spyware, script or other malicious computer program found in or transmitted via our Website;

10.4.2 Any errors, mistakes or inaccurate information on the Website;

10.4.3 The actions of any third party, including the registered migration agent;

10.4.4 Any defamatory, hurtful, or offensive material published on our Website;

10.4.5 Unauthorised action or access by any third party, hacking or stealing of personal information;

10.4.6 The cost you may incur as a result of Internet Service Provider charges;

10.4.7 Any interruptions or loss of data; and

10.4.8 Any personal injury or damage to any property that results from access or use of our Website.

10.5 To the extent that liability cannot be excluded, the liability of OpenVisa, its directors, employees, agents, consultants and partners is limited to the cost of the service we provide to you. To the greatest extent possible by law, you must indemnify and hold harmless OpenVisa, its employees, agents and related companies against all liabilities (including legal costs on a full indemnity basis) incurred by the indemnified person in connection with the provision of the service, except the liability arising from the negligence or default of any of the indemnified persons.

11. Provision of information to us

11.1 Collecting personal information is necessary for us to provide you with the right advice to apply for an Australian visa. You agree to provide us as soon as possible with any information or documents we request of you to assist in the preparation of your case. You must let us know immediately if we request you to provide something, which you are unable to provide, so that alternative arrangements can be made. We will use and rely on information provided by you in the provision of the service without having independently verified or assumed responsibility for the accuracy or completeness of such information. Accordingly, the information provided by you must be exhaustive, correct, including contact details such as e-mail, etc. If the information provided by you is not correct, our advice may not be accurate. If you choose not to provide certain information this may affect the accuracy of our advice.

We will safely store any information you enter on our website or any information you provide us orally or in writing. All enquiries and your personal details are treated with the utmost confidentiality, in accordance with the Code of Conduct. Please be assured that we take every possible measure to keep your information private. In general, we will disclose your personal information to conduct our business, to provide and market our services, to communicate with our clients, to comply with our legal obligations and to and improve our services. Please review our Privacy Policy to understand our practices.

12. Transfer and interpretation

12.1 We may at any time sell, transfer, merge or assign part or all of our business, including control of our business, to any third party which may include our Website, your personal information, and any other information we hold. We will do so without prior notice to you.

13. This agreement

13.1 If any part of these Terms and Conditions is found to be void, unlawful or unenforceable the remaining parts of these Terms and Conditions will remain in effect and enforceable.

13.2 If we do not enforce a right we have under these Terms and Conditions, we are not electing to waive that right and may exercise that right at any time.

13.3 We want you to be happy with our service. At any time if you think there is something wrong please inform us. In this particular case we will try to solve the problem immediately in all interest if possible.

13.4 These Terms and Conditions will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the New South Wales, Australia, and to the Federal Court of Australia sitting in New South Wales.

Last Updated 18 May 2018