Legal Notices

Migration Agents Code of Conduct

All Registered Migration Agents are governed by a Code of Conduct. You can find a copy of the code in Schedule 2, Regulation 8 of the Migration Agents Regulations 1998, or alternatively, it can be found here: https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-conduct/.

Last updated: September 2018

Website Privacy Policy

 
This Privacy Policy applies to all personal information collected by Avis & Funk Pty Ltd (ABN 63 392 913 132) (“we” or “us”) via the website located at www.avisfunklaw.com.au (“Site”) or directly from you.

How to contact us about privacy

Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions.

Collection and Purpose

We may collect personal information from if you input any personal information into the website. In addition, we also collect cookies from your computer, which enables us to tell when you use the website and also to help customise your website experience.

The purpose for which we collect personal information is to provide you with the best service experience possible on the website. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the website.

Disclosure

We customarily disclose personal information only to our service providers who assist us in operating the website. We will only disclose personal information to an unrelated third party with your consent.

Access and correction

National Privacy Principle 6 of the Australian Privacy Act 1998 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.

Security

We are committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure that information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

No information transmitted over the Internet can be guaranteed to be secure.  We cannot guarantee the security of any information that you transmit to us, or receive from us.  The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Transfer out of Australia

The website is not hosted in Australia. For that reason, we transfer all data on the website (including all personal information) to our hosting service provider in the Singapore. You hereby consent to this transfer.

Last updated: February 2018

Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Welcome to the Avis & Funk Law website located at: avisfunklaw.com.au (“Site”).  This website is owned and operated by Avis & Funk Law Pty Ltd (ABN 63 392 913 132), successors and assignees, (“we” or “us”).

These Terms of Use (“Terms“) govern your use of our Site and form a binding contractual agreement between you, the user of the Site and us.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you must not use our Site.

Licence to use Site

1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
3. You must not add any content to the Site:
   1. unless you hold all necessary rights, licences and consents to do so;
   2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
   3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
   4. that would bring us, or the Site, into disrepute; or
   5. that infringes the intellectual property or other rights of any person.
4. The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
5. You acknowledge and agree that:
   1. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
   2. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

Intellectual Property Rights

6. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
7. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
8. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
9. The licence in clause 2.3 will survive any termination of these Terms.
10. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.

Warranties

11. You represent and warrant to us that:
    1. you have the legal capacity to enter these Terms; and
    2. you have complied with clause 1.3.

Liability

12. Any information provided by the Site, including any questionnaire answers or articles (whether written by us or a third party), is only intended to provide a general overview of the relevant topics, and is for your information only. We attempt to keep the content current and correct, but we do not guarantee its accuracy. Any information should not be taken as legal advice. You should seek professional advice before acting or relying on any of the content. We are not responsible for any loss suffered in connection with the use of any content contained on the Site, and we exclude any liability which may arise as a result of the use of this Site (to the maximum extent permitted by law).
13. Where liability cannot be excluded, any liability incurred by us in relation to the use of the Site is limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
14. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
15. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
16. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
    1. in the case of goods:
       1. the replacement of the goods or the supply of equivalent goods;
       2. the repair of the goods;
       3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
       4. the payment of having the goods repaired, and
    2. in the case of services:
       1. the supply of the services again; or
       2. the payment of the cost of having the services supplied again.

Termination

17. These Terms terminate automatically if, for any reason, we cease to operate the Site.
18. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

General

19. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
20. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
21. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
22. This Agreement is governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland.