Before reading the articles below, please note the following preliminary terms, which constitute an inseparable part of the Terms of Use, and use some of the definitions specified in Article 1 below:
The Terms of Use governs the use of Ausfis Websites and Services, including without limitation, any information or data embodied in or provided by Ausfis' Websites or Services.
As used in this Terms of Use, the terms you, your or user are synonymous, and refer to the person using the Services in any way.
Important Notice
By visiting or using any of Ausfis' Website or Services you acknowledge and aware that Ausfis is a private corporation and is not and do not pretend to be, an official organ of the Australian Government or otherwise connected to the Australian Government in any way whatsoever. Ausfis Organisation is not part of the Australian Government or immigration authorities, or a law firm. In this respect Ausfis neither intends nor claim to provide Legal advice or solutions to individual's specific problems.
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 Skilled Visa Program. Ausfis and the Site shall not be held responsible in case the Government in Australia (or one of its Agencies) cancel, suspend, prohibit or otherwise prevent (the "Prevention Announcement") the Skilled Visa Program or the Service, for reasons beyond Ausfis control, and will not provide refund for payments that were made prior to any such Prevention Announcement.
Before you use or visit any of Ausfis's Websites or Services, you must read, agree with and accept all of the terms and conditions contained in the Terms of Use, which includes those terms and conditions expressly set out below and those incorporated by reference. It is your responsibility, as you read the Terms of Use, to also access and read the information contained in the other pages and websites referred to in the Terms of Use, as they constitute part of the Terms of Use and contain further terms and conditions and other information which apply to you as a user of Ausfis's Websites or Services. Please note: underlined words and phrases are click-through links to these pages and websites.
The Terms of Use describes the terms and conditions applicable to your use of Ausfis's Websites and Services. If you do not unconditionally agree to be bound by the Terms of Use you may not use or visit any of Ausfis's Websites or Services.
You acknowledge and agree that by visiting or using any of Ausfis's Websites or Services, you are entering into a legally binding contract that shall govern any use of Ausfis's Websites or Services 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 Ausfis's Websites or Services. 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.
If any limitation under any applicable law prevents or limits your ability to be bound by the Terms of Use or any part thereof, you may not visit or use any of Ausfis's Websites or Services. By visiting or using any of Ausfis's Websites or Services you explicitly state that, you are in full compliance of any law applicable, including without limitation, any applicable law regarding limitation applied on your ability to enter into agreements or using or visiting any of Ausfis's Websites or Services due to your age or any other limitation regarding your use or visit of any of Ausfis's Websites or Services.
In the Terms of Use the following capitalized definitions are being used, singular as well as plural.
Ausfis grants you with a limited license to access and make personal use of Ausfis's Websites and Services 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 Ausfis's Websites or Services or its contents; any derivative use of any of Ausfis's Websites or Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Any of Ausfis's Websites or Services 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 Ausfis's Websites or Services or any part thereof. You may not use any meta tags or any other "hidden text" utilizing Ausfis's name or trademarks. You are granted with a limited, revocable, and nonexclusive right to create a hyperlink to the Ausfis's Website so long as the link does not portray Ausfis or any of its services or products including without limitation, Ausfis's Services or Websites or the Software, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ausfis's logo or other proprietary graphic or trademark, including without limitation, as part of a link, without Ausfis's express written permission. You shall not attempt to access any other of Ausfis's systems, programs or data that are not made available for public use.
Any of Ausfis's Websites and any of Ausfis's Services, and any part thereof, including without limitation logos, text graphics, texts, buttons, icons, images, videos, sounds, names, 'look and fill', source code and any and all Intellectual Property, embodied in the same, including, copyrights, patents, trademarks, titles, or other proprietary information and/or any techniques, algorithms, methods or processes contained in such, in whole or in part, in any form, including without limitation, any component, modification, extraction or development thereof made by Ausfis or you or any third party, constitute trade secrets and proprietary information of Ausfis and Intellectual Property, and are protected as such by this Terms of Use or by any applicable law.
You shall not make any use of such Ausfis proprietary information and nothing in the Terms of Use shall construed as giving you any licence or approval to do so.
You shall not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any of Ausfis's Website's or Services or any part thereof.
The information on Ausfis's Website's is protected by copyright: Copyright AUSFIS INC. All rights reserved.
You acknowledge and agree, that Ausfis Organisation is a private company and that any fee you pay is in return for the handling and submitting of your application and is designed to cover Ausfis Organisation costs and time. Payment of all fees and charges to Ausfis Organisation, if applicable, must be made by a valid credit or charge card and/or other forms of accepted payment as designated on the Website (hereinafter "Paid Services"). such Paid Services are stipulated at Ausfis's Website. You acknowledge that Ausfis may, at its sole discretion and without prior notice, condition the use (of all users or a group of users or your use specifically) of any part or all the of its Websites or Services, to include payments, to exclude payments, change or modify such Paid Services, turn unpaid services or Websites (or any part thereof) into Paid Services, and vice versa. Any and all terms and condition in the Terms of Use, including without limitation, any limitations or disclaimers of liability or of warranty, shall apply to the Paid Services, except if explicitly stated to the contrary in the Terms of Use or in any additional terms and conditions brought to your attention prior to such payments.
Subject to the terms and conditions of the Terms of Use including, without limitation, the payment of the fee, a user can use the Service to prepare a Green Card Lottery application. The Service may be used only for its intended purpose, and may not be used to prepare immigration forms, supporting documents or letters on a professional basis.
The user of the Service is fully responsible for paying all monies owed to Ausfis. User agree that he will not make or attempt to make any charge-backs, and/or deny or reverse any payment that he has made and will reimburse Ausfis for any charge-backs, denial or reversal of payments he make and any loss suffered by Ausfis as a consequence thereof. Ausfis may, at its sole discretion, cease to provide the Services to certain users or to users paying with certain credit cards.
Ausfis reserve the right to perform credit checks on all users with a third party credit agencies, on the basis of the information provided to us on application or by you in any other manner.
Ausfis reserve the right to use a third party electronic payment processors and/or financial institutions to process payments made by you in connection with your use of the Services.
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), Ausfis reserve the right to block a user's account and reverse any refund made, if any. Ausfis 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.
Subject to the terms and conditions of the Privacy Policy any communication or material you post or transmit by or on any of Ausfis's Websites or Services shall be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit. If you object to your information being transferred or used in this way please do not use any of Ausfis's Website's or Services.
You acknowledge and agree to use any of Ausfis's Websites or Services 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 Ausfis's Websites or Services 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 receive the Services and/or used through the Website is not illegal and that you will not use the Services and/or the Websites in any way as a money transfer system. You will not use the Services and/or the Websites 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 Ausfis against any claim arising from any material that you post or transmit.
As a world wide standard, IP address are allocated according to states or areas. During registration, Ausfis 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 Ausfis's Websites or Services must be made from the area you have registered from, you may not, by any means, cause Ausfis 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 Ausfis to be in violation of or non compliance with any applicable law for which you shall be fully responsible for.
Refunds shall be given at the sole discretion of Ausfis, and in any event shall not exceed the amount actually paid by you for the remaining credit outstanding to you with respect to any of the relevant Paid Service. Without derogating from any provision of the Terms of Use, fees paid are not recoverable if Ausfis suspects, at its sole discretion, that you are in breach of the Terms of Use, including without limitation, creating any problems with any of Ausfis's Websites or Services or the use thereof, possible legal liabilities, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons, or if filing of the application is made impossible by any events beyond the control of Ausfis (for example, including but not limited to act of war, acts of nature, changes in the visa program instructions such as eligibility, required details or other changes, technological limitations, economical resources, legislative or procedural change and/or State Action). By visiting or using any of Ausfis's Websites or Services you understand and agree to the refund policy specified herein.
Ausfis and the Site take every precaution to protect users' information. 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 Service, Ausfis and the Site cannot guarantee the security of information collected during your use of the Services and shall not be liable in any way for a compromise of your data.
If you object to your Information being transferred or treated in this way please do not register.
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 Ausfis's Websites or Services under your user identification number, and for maintaining the confidentiality of your user identification and password. For security purposes, unless otherwise noted, Ausfis 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.
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 Service, Ausfis does not want to receive confidential or proprietary information from you through the Site. Any non-personal information or material sent to Ausfis will be deemed NOT to be confidential. By sending Ausfis any non-personal information or material, you grant Ausfis an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Ausfis is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
Notwithstanding section 6 above, upon your registration you explicitly allow Ausfis 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 this service, you may do so by notifying Ausfis.
Without limiting other remedies, Ausfis may limit, suspend, or terminate your use of Ausfis Websites or Services (including Paid Services) 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.
Ausfis 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.
Without derogating from or limiting our other remedies, Ausfis shall have the right to immediately terminate your access to or use of the Service in the event of any activities which are in breach of the Terms of Use or conduct which, in Ausfis's judgment, interferes with the operation or use of the Service.
The limitations of damages or liability set forth in the Terms of Use are fundamental elements of the basis of the bargain between Ausfis and you. You acknowledge and agree that Ausfis would not be able to provide the Service on an economic basis without such limitations.
If, notwithstanding the other provisions of this User Agreement, Ausfis 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 Service, Ausfis's liability shall in no event exceed the lesser of (a) the amount paid by you for the Service; or (b) $50.00 (AUD). 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.
In any case, all warranties or guarantees given or made by Ausfis with respect to the Service (1) are for the benefit of registered users of the Service that comply with the terms of the Terms of Use only and are not transferable, and (2) shall be null and void if you breach any terms or conditions of the Terms of Use.
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. Ausfis disclaims any responsibility for the accuracy or adequacy of any positions taken by you in your applications.
Dispute Resolution. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Cyprus without regard to its conflict of laws 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 Ausfis and you arising out of or in connection with your use of the Site, 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.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING ANY OF AUSFIS'S WEBSITES OR SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO AUSFIS THE RIGHTS SET FORTH HEREIN.