1 APPLICATION AND MODIFICATION
1.1 The www.ask-an-agent.com.au website (Website) is controlled, operated and made available by Sydney Migration International GmbH (GmbH), a limited liability company under HRB 64376. The Australian Migration Agent and Immigration Lawyer Association Pty Ltd (AMAILA) provides administrative services in relation to various features on the Website. References to AMAILA in these terms and conditions (Terms) and elsewhere on the Website include GmbH where liability on the part of AMAILA is limited, excluded or otherwise disclaimed in any manner. It is the responsibility of each person who accesses, views or uses this Website (you, your) to read these Terms and ensure you understand them.
1.3 By accessing, viewing or using the Website in any way, you agree to be legally bound by these Terms. If you do not agree to be bound by these Terms, you must not access, view or use this Website in any way. If you are using the Website as an employee or agent of an organization or other entity, you are agreeing to these Terms on behalf of that principal organization or entity.
1.4 AMAILA may vary or modify these Terms at any time without notice. Any amendments to these Terms will be published on the Website. It is your responsibility to ensure that you are aware of any changes to these Terms. Any subsequent access, viewing or use of the Website in any way will constitute an acceptance of these Terms, and any amendments to these Terms.
2 AMAILA DOES NOT PROVIDE ANY ADVICE
2.1 AMAILA does not provide any advice (whether legal, financial or otherwise). AMAILA is not a legal practice or law firm. Anything accessed, viewed, or used by you on or via the Website, or otherwise received from AMAILA in any way, does not constitute legal or other advice from AMAILA and cannot be relied upon as such.
2.2 The Website is a facility which persons who are at least 18 years of age who request the provision of any services via the Website or AMAILA (Clients) may use to connect with independent registered advisors in any field e.g. registered migration agents, licensed immigration advisers or lawyers who are registered with AMAILA (Agents). Information provided to you by Agents or AMAILA is by way of general information only unless expressly specified otherwise, and is not a substitute for detailed evaluation and specific advice provided by professionals in person. AMAILA recommends that you seek independent legal or financial advice. In the case of registered migration agent work, the Code of Conduct for registered migration agents (Code) implements a standard of conduct. A copy of the Code can be accessed here or otherwise via www.mara.gov.au.
2.3 Agents are independent of AMAILA, and are not partners, officers, employees, consultants, or agents of AMAILA. AMAILA facilitates your engagement of an Agent (of your choice). AMAILA does not recommend the engagement of any particular Agent. The terms and conditions on which you engage an Agent are a matter between you and your Agent. If any issues, potential disputes or disputes arise in connection with any recommendations, advice, or other services provided to you by an Agent, or otherwise relating in any way to your engagement of an Agent, such issues, potential disputes or disputes must be resolved between you and your Agent.
2.4 Agent profiles on the Website or which are supplied to you by AMAILA are advertisements by the relevant Agent, and should be interpreted as such. AMAILA does not investigate, verify or warrant the accuracy of the information contained in any Agent profile on the Website. Agents are third-party independent persons solely responsible for the advice they give, the services they provide and the representations about themselves that they make. You are solely responsible for assessing the quality, integrity, suitability and trustworthiness of all Agents. You can for example visit The Office of the Migration Agents Registration Authority, The Immigration Advisers Authority, or in most cases The Law Society to verify an Agent’s registration. In all events, use of this Website is at your own risk.
3 ENGAGING AN AGENT – ASKING A QUESTION
3.1.1 Persons who are at least 18 years of age (Eligible Clients) are eligible to submit a question to an Agent via the Website. In order to submit a question, Eligible Clients must:
(a) Click on the “Ask Your Question” tab on the Website or otherwise go to the website at https://www.ask-an-agent.com.au/ask-an-agent to submit the Eligible Client’s question to all Agents with an active AMAILA account (Active Agents); or
(b) Click on the “Agent Directory” tab on the Website or go to the website at https://www.ask-an-agent.com.au/agent-directory to ask a specific Agent a question.
Eligible Clients must follow the prompts, and provide all the requested information including details of the Eligible Client’s question (Question), details of the amount which the Eligible Client will pay (Fee), account details to enable the processing of the Fee, and a contact email address for the Eligible Client (Nominated Email). Eligible Clients must also confirm that their question is submitted on the terms and conditions set out in the Agent Terms of Engagement (Agent’s Terms) and confirm their agreement to these Terms. Eligible Clients may be able to provide one or more times to enable an Agent to telephone them at a specified time, however Agents are not under any obligation to telephone them at any specified time(s), and may not have accepted the question before the specified time(s).
3.1.2 By submitting a Question in accordance with clause 3.1.1 (a), Eligible Clients agree and are deemed to make an offer to enter into legal relations on the Agent’s Terms with all Active Agents or, if the Question is submitted in accordance with clause 3.1.1 (b), an offer to their specified Agent on the Agent’s Terms (Offer). In doing so, Eligible Clients are also deemed to agree to these Terms.
3.1.3 AMAILA may impose a minimum fee in relation to each question with which Clients must comply. AMAILA will be paid an administrative fee which Clients and Agents agree to pay to AMAILA for AMAILA’s fees and expenses connected with facilitating the engagement of any Client with an Agent (Administrative Fee). The relevant Agent is entitled to the remainder of the Fee in connection with their recommendations or advice to the relevant Client in accordance with these Terms.
3.1.4 Upon checking out and submission of the Client’s question, Clients agree that the Fee may be processed and authorized for capture / payment. Clients agree and authorise AMAILA to deal with the Fee in accordance with these Terms. In the event that an Agent does not accept the relevant Offer, or if the Client otherwise requires the Fee to be refunded, it is the responsibility of the Client to contact AMAILA within 1 month of payment of the Fee failing which the Client is deemed to have donated the Fee to AMAILA towards the administrative and operational expenses of the Website.
3.1.5 Each Offer is open for acceptance until the Offer has been accepted by an Agent, unless the Client who submitted the Offer has withdrawn the Offer in accordance with these Terms. The Client may withdraw the Offer prior to its acceptance by an Agent via the Website by logging into the Website using the Nominated Email and the question ID that was shown to the Client when the Question was submitted (Question ID).
3.1.6 Clients may vary or modify their Question and/or the Fee at any time prior to acceptance of the relevant Offer by an Agent by logging into the Website using the Nominated Email and the Question ID, following the prompts and completing all the requested information. Doing so will automatically and immediately withdraw and replace any previous Offer made by the Client relating to the Question and will constitute a new Offer to the same Agent(s) to enter into legal relations on these Terms. Clients are not permitted to vary or modify their Question or Fee after their Question has been accepted by an Agent, unless otherwise agreed by the Agent and AMAILA.
3.2.1 An Active Agent may accept an Offer if a Question is available for acceptance. Acceptance of a Question is deemed to occur at the time AMAILA sends an email to the Nominated Email with confirmation that an Agent has accepted the Question, at which time the Question will no longer be available for acceptance.
3.2.2 If an Active Agent accepts an Offer, an agreement is constituted between the Client who made the Offer and the Agent in relation to the Question. AMAILA is not a party to that agreement.
3.2.3 If an Offer has been made to a specific Active Agent in accordance with clause 3.1.1 (b) and the specified Agent does not accept the question within 24 hours of the time that the Offer was deemed to have been made, the Client who made the Offer will immediately and automatically make the Offer to all Active Agents as if the Offer were made under clause 3.1.1 (a).
3.3.1 An Agent who accepts the Client’s Offer must submit an answer in the form of recommendations or advice in response to the Question via the portal on the Website that is accessible to Agents (AMAILA Portal) within the timeframe specified for an answer in the “How it Works” section of the Website (Answer). The Answer must be based only on the information provided in the Question. Agents must submit the Answer either in plain text via the AMAILA Portal, or by attaching the Answer in written document format using a template document which has been approved in writing by AMAILA for use by that Agent.
3.3.2 A Question is deemed to be answered at the time AMAILA sends an email to the Client’s Nominated Email with confirmation that the Answer has been submitted. The Client may then view the Answer by logging into the Website once it is made available by AMAILA.
3.3.3 If the Agent does not submit the Answer in accordance with clause 3.3.1, then the agreement between the Client and the Agent will immediately be terminated, and the Client will immediately and automatically make the Offer to all Active Agents as if it were made under clause 3.1.1 (a).
3.4.1 The Client may submit a question seeking clarification to the Agent, free of any additional charge by AMAILA or the Agent, within 24 hours of the time when the Question was deemed answered by clicking on the link AMAILA sends to the Client’s Nominated Email and following the prompts, on condition that the clarification question satisfies all of the following criteria:
(a) it is solely directed and limited in scope to the Answer;
(b) it is for the sole purpose of enabling the Client to understand the Answer; and
(c) it does not require the Agent to provide any additional information in response to the clarification question in order to answer it (Clarification Question).
3.4.2 A Clarification Question is deemed to be submitted at the time AMAILA sends an email to the Client’s Nominated Email with confirmation that the Clarification Question has been submitted. AMAILA reserves the right to decide whether or not the Client has submitted a question which constitutes a Clarification Question. AMAILA’s decision in this regard is final, and no correspondence will be entered into.
3.4.3 The Agent must submit an answer to the Clarification Question within the timeframe specified for a clarification question in the “How it Works” section of the Website.
3.4.4 The answer to the Clarification Question is deemed to have been submitted at the time AMAILA sends an email to your Nominated Email with confirmation that the answer to the Clarification Question has been submitted. Clients may view the answer to their Clarification Question via the AMAILA Portal.
3.5 Release of payment for Question to Agent
3.5.1 Clients agree that the Fee (excluding the Administrative Fee which is to be paid to AMAILA immediately upon receipt by AMAILA) may be released and paid to the Agent by AMAILA at AMAILA’s discretion upon the occurrence of any of the following:
(a) The Client confirms to AMAILA that the Client does not require clarification or does not wish to submit a Clarification Question;
(b) The Client does not submit a Clarification Question within the permitted timeframe in accordance with clause 3.4.1; or
(c) An answer to the Clarification Question is deemed to have been submitted in accordance with these Terms.
3.5.2 Agents agree that, despite the issue of any invoice by an Agent, Fees are not due and payable to Agents unless and until AMAILA has received and remains in receipt of the payment of the Fee from the Client (and the Fee has not been deducted from AMAILA’s bank account by the Client or the Client’s bank for any reason), the Agent has provided a correct tax invoice to AMAILA in the format and containing the information required by AMAILA, and the Fee has become payable to the Agent in accordance with these Terms. Once the Fee (excluding the Administrative Fee which is to be paid to AMAILA) is released or paid to the Agent, any further communications regarding the Fee must be sent directly to the Agent unless it relates solely to the Administrative Fee. AMAILA will not enter into any further correspondence in relation to the reimbursement or otherwise of your Fee.
3.6 Request a consultation
Clients may also request a 30 minute consultation with an Active Agent in the same manner and on the same terms as a Question by following the prompts on the “Ask Your Question” tab on the Website and selecting “I want a 30 minute consultation with an agent” from the drop down menu however:
3.6.1 Clause 3.3.1 (Answer) does not apply. Instead, once the Agent has accepted the relevant Offer, the Agent must contact the Client and arrange a mutually convenient time for the consultation to occur.
3.6.2 Agents must upload a detailed note of their consultation with the Client to the Ask-An-Agent portal within 24 hours of the consultation occurring. This will then be made available to the Client.
3.6.3 Clause 3.3.3 does not apply.
3.6.4 Clause 3.4 does not apply.
3.6.5 Clause 3.5.1 does not apply. Instead, following receipt of consent from the Client by AMAILA, the Fee minus the Administrative Fee (which is to be paid to AMAILA) may be released to the relevant Agent.
3.6.6 Clause 3.5.2 is modified only to reflect the fact that it is the Agent who must invoice the Client.
3.6.7 If the Client engages with the Agent subsequently to the consultation for a visa related application, then this must be conducted wholly via the Website and using PaySafe.
4 ENGAGING AN AGENT – REQUESTING A QUOTE
4.1 AMAILA provides a facility for Eligible Clients to request quotes for the provision of immigration assistance by Agents. In order to do so, Eligible Clients must complete the form available from the Website at https://www.ask-an-agent.com.au/visa-quote, provide any details and information requested by AMAILA, and submit the Form, information and documents to AMAILA via the Website or otherwise in writing as directed by AMAILA (Request for Quote). AMAILA reserves the right to refuse to send or submit any Request for Quote to Agents without notice however except in exceptional circumstances will usually notify Clients if their Request for Quote will not be sent.
4.2 Agents who wish to provide a quote to the relevant Client in response to the Request for Quote (Quote) must do so free of any charge to AMAILA or the Client and within 24 hours of being sent notification by AMAILA of the relevant Request for Quote. Clients agree that any Quotes are based solely upon the information provided in the Request for Quote and may be modified as further information becomes available. AMAILA reserves the right in its absolute discretion to review, format, vary, amend or modify any Quote, and to select in its absolute discretion the Quotes that will and will not be sent to the relevant Client in response to the Request for Quote. AMAILA reserves the right to forward any Quotes received after the aforementioned 48 hour period has lapsed to the relevant Client.
4.3 Once AMAILA has selected 3 Quotes to send to the relevant Client, AMAILA will email the selected 3 Quotes to the client to their nominated email address.
4.4 Quotes are open for acceptance by a Client for a period of 5 working days commencing on the date that the Quotes are sent by AMAILA to the Client, after which time they will immediately and automatically be withdrawn by the relevant Agent. Of the 3 Quotes that are sent to a Client in response to a Request for Quotation, Clients may only accept one Quote. To accept a Quote, Clients must contact the relevant Agent directly by email confirming their acceptance of the relevant Quote and thereafter engage with the relevant Agent directly.
4.5 Agents must immediately notify AMAILA in writing upon the acceptance by a Client of any Quote, and provide details of the relevant Quote to AMAILA. Agents must also notify AMAILA immediately of any changes to the Request for Quotation and/or Quote.
4.6 Unless otherwise expressly provided for in these Terms, Clients and Agents agree that any engagement of an Agent by a Client to provide services which has been facilitated or enabled in any way by AMAILA, and any immigration assistance or other services provided by the same Agent to the Client for a period of 24 months after the Client and Agent were first introduced by or on behalf of AMAILA, must be conducted via AMAILA (using PaySafe for any payments relating to the services). For example, AMAILA may facilitate the engagement of Agents by Clients by communicating with Clients and Agents in writing or by telephone. Clients and Agents agree that AMAILA does so in consideration for the promise by Clients and Agents to conduct the transactions relating to their services via AMAILA for a period of 24 months after they were first introduced or communication was first facilitated or enabled. Accordingly for the avoidance of any doubt, Clients agree to make all payments in relation to such aforementioned services to AMAILA. Clients and Agents agree that AMAILA is entitled to charge an administrative fee of up to 30% on all sums paid to AMAILA, and the administrative fee shall be due and payable upon payment of any such sums to AMAILA.
4.7 Agents and Clients agree that any fees due to an Agent in respect of the services contemplated under clause 4 are only payable to an Agent if the relevant Client has paid the fees to AMAILA and AMAILA remains in receipt of the fees (for example such fees have not been recalled or withdrawn by the Client or the Client’s bank) after a period of 14 days from receipt by AMAILA from the relevant Agent of confirmation duly signed by the Client confirming that such payment is due has elapsed. Alternatively, if an Agent requests payment and a Client does not object in writing to AMAILA within 14 days of the request, Clients agree that the amount requested by the Agent shall be immediately due and payable to the Agent. Clients and Agents must comply with reasonable requests of AMAILA in a timely manner notified to them by AMAILA in writing from time to time.
5 ENGAGING AN AGENT – COMPARISON SERVICE
5.2 In order to participate in a Promotional Offer and engage with an Agent using the Comparison Service, Clients must select the relevant promotional offer at at https://www.ask-an-agent.com.au/compare-migration-agent-fees or https://www.ask-an-agent.com.au/visa-information and provide all information requested by AMAILA, accept these Terms and any other terms and conditions contained in the relevant Promotional Offer. By responding to AMAILA in relation to a Promotional Offer and / or participating in the Comparison Service, a Client is deemed to accept these Terms and any other terms and conditions relating to the relevant Promotional Offer (Participating Client).
5.3 AMAILA will typically send one or more Agent profiles who are prepared to participate in the relevant Promotional Offer (each a Participating Agent) to a Participating Client. Clients must choose one preferred Participating Agent and notify AMAILA of the identify of a preferred Participating Agent within the timeframe required by AMAILA in writing for the relevant Promotional Offer or as otherwise required in writing by AMAILA.
5.4 Any information or documents (such as Participating Agent’s contact details and terms and conditions of business of a Participating Agent) supplied by AMAILA to a Client in connection with a Promotional Offer or the Comparison Service may be subject to copyright and are supplied to Clients on a strictly private and confidential basis.
5.5 Participating Clients may be introduced to a Participating Agent in AMAILA’s absolute discretion for the purposes of a free no obligation 15 minute telephone call subject to the following conditions:
(a) Participating Clients and Participating Agents agree that the telephone call is free of any charge to Agents, Clients and AMAILA;
(b) The relevant Participating Client and Participating Agent must not agree to any terms and conditions between them which have not been previously approved, sanctioned, or provided by AMAILA in writing to the Client or Agent;
(c) Participating Clients and Participating Agents agree that the telephone call may be terminated immediately by either party; and
(d) Clients must not engage directly or indirectly with an Agent in relation to a Promotional Offer or any Comparison Service otherwise than in accordance with these Terms.
5.6 If both the Participating Client and Participating Agent wish to engage with each other for the purposes of the Participating Agent providing the services contemplated under the relevant Promotional Offer, the Agent must issue its terms of engagement for the relevant Promotional Offer to the Participating Client. Upon acceptance of those terms by the Participating Client, an agreement between the Participating Client and the Participating Agent (to which AMAILA is not a party) in relation to the services contemplated under the relevant Promotional Offer will be formed (Comparison Service Contract).
5.7 100% of the total fees for the relevant Promotional Offer as stated to the Client by AMAILA in the Promotional Offer must be paid by the Participating Client to AMAILA in full immediately upon acceptance of the Comparison Service Contract by the Participating Client. In the event that the relevant Agent or the relevant Client attempt to circumvent the effect of this clause or the Participating Client does not pay 100% of the total fees to AMAILA in accordance with this clause, the relevant Client and relevant Agent agree that AMAILAs damages would be uncertain and difficult to accurately estimate due to a range of factors. Accordingly, in such an event, without limiting AMAILA’s rights, notwithstanding any other provision in these Terms, Clients and Agents agree that AMAILA is entitled to charge a fee of $450 in addition to its administrative fee. Clients and Agents agree that:
- The relevant Participating Agent must deduct the sum of $450 in addition to AMAILA’s administrative fee from sums received from the Participating Client; and
- The relevant Participating Agent must immediately transfer via electronic funds transfer within one business day after receipt of sums from the relevant Client to the relevant Agent the additional fee of $450 in addition to AMAILA’s administrative fee into AMAILA’s bank account.
5.8 Clients and Agents agree that AMAILA is entitled to charge an administrative fee in relation to each Comparison Service of up to 30% of all sums paid by the Client pursuant to the Comparison Service Contract, and the administrative fee shall be due and payable to AMAILA from the relevant Client or Agent (jointly and severally) upon payment of any such sums by the Client.
5.9 Participating Agents and Participating Clients agree that any fees due to a Participating Agent under a Comparison Service Contract from a Participating Client are only payable to a Participating Agent 14 days after receipt by AMAILA from the relevant Participating Agent of confirmation duly signed by the Participating Client. Alternatively, if a Participating Agent requests payment and a Client does not object in writing to AMAILA within 14 days of the request, Clients agree that the amount requested by the Participating Agent shall be immediately due and payable to the Participating Agent.
5.10 Participating Clients and Participating Agents must comply with reasonable requests of AMAILA in a timely manner and abide by the process for the particular Promotional Offer notified to them by AMAILA in writing from time to time.
5.11 AMAILA reserves the right to terminate a Promotional Offer at any time prior to the Participating Client engaging with an Agent in accordance with this clause 5. A Participating Client or Participating Agent may similarly terminate their participation in the relevant Promotional Offer at any time prior to the Participating Client engaging with an Agent in accordance with this clause 5.
5.12 If there is any inconsistency between these Terms and the terms of any Comparison Service Contract, Clients and Agents agree that these Terms shall prevail.
5.13 Any disputes concerning the services provided by an Agent to a Client or any payments under the Comparison Service Contract are to be resolved between the Agent and the Client directly firstly by genuinely attempting to negotiate and failing such negotiations in accordance with these Terms.
6 RATINGS AND TESTIMONIALS
6.1 Clients may be provided with an opportunity to provide AMAILA with a rating and testimonial for their Agent.
6.2 AMAILA reserves the right to moderate all ratings in AMAILA’s absolute discretion and to exercise full control over the contents of the Website.
7 WEBSITE USE
7.1 AMAILA does not make any representation or warranty regarding the completeness or accuracy of the information that is either on the Website, or accessible via the Website. Such information must not be commercially exploited. You acknowledge that AMAILA also does not warrant that this Website will be free of viruses, that defects will be corrected, or that it will always be available or accessible. The Website is provided on an "as is" and "as available" basis. AMAILA will not be in breach of any obligation or liable for any failure or delay wholly or partially caused by any occurrence or omission outside AMAILA’s control and/or any failure of a third party service provider and/or website unavailability.
7.2 When using the Website or any of its facilities or services, you agree to abide by all applicable laws and regulations. In addition, you agree in particular that you will not:
(a) Publish, post, upload, distribute or transmit any material which infringes or violates the legal rights of others or which may be considered inappropriate, profane, obscene, or indecent;
(b) Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices;
(c) Publish, post, upload, distribute or transmit any material, document or file which contains a computer or software corruption or virus which is capable of harming or interfering with any computer or computer system;
(d) Interfere with the proper operation of the Website or any transaction conducted via the Website; or
(e) Harvest or otherwise collect personally identifiable information about others, without their consent.
7.3 AMAILA is not obliged to monitor any person’s use of the Website. AMAILA reserves the right, in AMAILA’s own discretion, to monitor, review, retain and remove materials posted on or via the Website, in whole or in part. AMAILA reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
7.4 Certain services made available on the Website are delivered by third parties. By using any product, service, or functionality originating from the Website, you are allowing AMAILA to share information with that third party including any information necessary to facilitate its provisions of products, services, or functionality to you. Any links to third party websites appearing on the Website are provided for your convenience only and are accessed by you at your own risk.
8.1 Either you or AMAILA can terminate this agreement by notice in writing at any time without prejudice to any accrued rights. In the case of Comparison Services, notice in writing of at least 21 days must be given by a Client or Agent.
8.2 If a Client who has submitted a Question terminates this agreement once an Answer has been submitted by the Agent in accordance with clause 3.3, then the Client will forfeit the Fee, and the Fee (excluding the Administrative Fee which is to be paid to AMAILA) may be released and paid to the Agent at AMAILA’s discretion in accordance with these Terms.
8.3 If AMAILA terminates this agreement with a Client who has submitted a Question within 24 hours of the time a Question was deemed answered, then the relevant Client authorises AMAILA to capture the Fee and the Fee may then be released to the Agent at AMAILA’s discretion.
8.4 If AMAILA terminates this agreement with a Client who has submitted a Question after a Clarification Question has been submitted but before an answer to the Clarification Question has been submitted, then Clients authorise AMAILA to capture the Fee and the Fee may then be released to the Agent at AMAILA’s discretion.
8.5 If the Agent to whom a Client has asked a Question terminates a Client’s agreement with the Agent within 24 hours after a Question is deemed answered in accordance with these Terms, or before the Client has confirmed that the Client does not wish to submit a Clarification Question, then AMAILA may issue the Client with a refund of the Fee or a part of the Fee in AMAILA’s absolute discretion.
8.6 If the Agent to whom a Client has asked a Question terminates a Client’s agreement with the Agent after a Clarification Question has been submitted but before an answer to the Clarification Question has been submitted, then Clients authorise the capture of the Fee by AMAILA and AMAILA may issue the Client with a refund of the Fee or a part of the Fee in AMAILA’s absolute discretion.
8.7 Clauses 8.2 – 8.7 shall survive termination.
If you have any concerns, comments or wish to make a complaint, please email us at firstname.lastname@example.org.
10 INTELLECTUAL PROPERTY
10.1 Posts are not private or confidential. All materials and information on the Website are the intellectual property of AMAILA. You must not reproduce, copy, distribute, disseminate, or publish such materials and information either in whole or in part without written consent from AMAILA.
10.2 You irrevocably assign to AMAILA absolutely all intellectual property rights in any content uploaded or communicated via the Website and waive all moral or other similar rights that you may be entitled to under the laws of any and all jurisdictions throughout the world in perpetuity. To the extent that such assignment is not enforceable in any jurisdiction, you grant to AMAILA a worldwide royalty free licence to use and reproduce any content uploaded or communicated via the Website for promotional purposes or any purposes connected with the business of AMAILA.
The Fee is inclusive of legally applicable goods and services tax in applicable jurisdictions.
12 INDEMNITY, EXCLUSION AND LIMITATION OF LIABILITY
12.1 Information received via AMAILA should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of the Website is at your own risk. You agree that AMAILA has no liability whatsoever in connection with any discussions between you and an Agent, any advice provided to you by an Agent, or any other interactions between you and the Agent. AMAILA and its officers, employees, agents, and contractors make no warranties, either express or implied, in connection with your use of the Website, its features, or your engagement or use of an Agent.
12.2 Except for any liability which cannot be excluded, restricted or modified by law, AMAILA, its officers, employees, agents, and contractors exclude, to the fullest extent permitted by law, all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any injury, loss, liability, or damage of any kind (including, without limitation, any direct, indirect, special or consequential loss) arising in any way from your access or use of this Website, or your engagement or use of an Agent.
12.3 To the extent that the liability in clause 12.2 cannot be excluded, restricted or modified by law, AMAILA its officers, employees, agents, and contractors limit liability to the relevant administrative fees which have been paid to AMAILA, or the cost of resupplying the services in respect of which the breach occurred, at the option of AMAILA.
12.4 You hereby release, and agree to indemnify and hold AMAILA, its officers, employees, agents, and contractors harmless from any and all liabilities, damages, injury to any person or property, losses, claims and expenses of any kind (including reasonable lawyer fees) which may be incurred as a result of your misuse of the Website, or breach of these Terms.
12.5 Clients and Agents agree that AMAILA is not under any obligation to make any payments or release any amounts pursuant to these terms which have not cleared into its bank account or which are not credited to its bank account by the relevant Client. In the event that the Client or the Client’s bank deducts any fees payable to an Agent or AMAILA under these terms from AMAILA’s bank account for any reason (whether before or after such fees have been released to an Agent or as a result of alleged fraud), Agents must pursue payment of the relevant fees from the Client directly, and immediately refund any payments made by AMAILA to the relevant Agent relating to such fees or any payments which have been released by AMAILA to the relevant Agent relating to such fees.
12.6 Where the Client or the Agent has incurred any liability to AMAILA, whether under this agreement or otherwise and whether such liability is liquidated or unliquidated, AMAILA may set-off the amount of such liability against any sum that would otherwise be due to the relevant Client or the Agent (as the case may be).
13.1 Severance: If any provision of these Terms is prohibited by law or judged by a court to be unlawful, unenforceable, or void, the provision shall to the extent required be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.
13.2 Waiver: Failure to take action does not mean a party has consented to another party’s actions nor does it prevent a party from taking action later.
13.3 Assignment: You may not assign any of your rights, powers or remedies under these Terms, without AMAILA’s written consent. AMAILA may assign its rights, powers and remedies at any time.
13.4 Entire agreement: These Terms constitute the entire agreement between you and AMAILA with respect to the subject matter of these Terms, and supersede and replaces any other prior written or oral negotiations, promises and understandings.
13.5 Third parties: These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
13.6 Dispute resolution: Any claim, dispute, controversy or difference whatsoever arising out of or relating to this agreement or arising in connection with the performance, interpretation, application or enforcement of this contract, including but not limited to breach thereof, shall be referred to mediation administered by the Australian Disputes Centre (ADC) before, and as a condition precedent to, the initiation of any litigation, adjudicative action or proceeding, including arbitration. The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC (Guidelines). The terms of the Guidelines are hereby deemed to be incorporated into this agreement. This clause shall survive termination of this agreement.
13.7 Jurisdiction: The laws of Germany govern this agreement and you agree to the Courts of Germany having jurisdiction in any matter under this agreement.
13.8 Photo Credit: Tourism Australia, Fotolia, iStock Photo
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Effective from: 1 November 2016