Terms and Conditions

1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. Subject to this clause, and to the extent permitted by law:some text
   1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
   2. Welcome Visas Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Welcome Visas Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Welcome Visas Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:some text
   1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
   2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
   3. costs incurred as a result of you using the Website, the Services or any of the products of Welcome Visas Pty Ltd; and
   4. the Services or operation in respect to links which are provided for your convenience.

1. Welcome Visas Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
2. You expressly understand and agree that Welcome Visas Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Welcome Visas Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Welcome Visas Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

1. The Terms will continue to apply until terminated by either you or by Welcome Visas Pty Ltd as set out below.
2. If you want to terminate the Terms, you may do so by:some text
   1. providing Welcome Visas Pty Ltd with 14 days' notice of your intention to terminate; and
   2. closing your accounts for all of the services which you use, where Welcome Visas Pty Ltd has made this option available to you.

Your notice should be sent, in writing, to Welcome Visas Pty Ltd via the 'Contact Us' link on
our homepage.

3. Welcome Visas Pty Ltd may at any time, terminate the Terms with you if:some text
   1. you have breached any provision of the Terms or intend to breach any provision;
   2. Welcome Visas Pty Ltd is required to do so by law;
   3. the provision of the Services to you by Welcome Visas Pty Ltd is, in the opinion of Welcome Visas Pty Ltd, no longer commercially viable.
4. Subject to local applicable laws, Welcome Visas Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Welcome Visas Pty Ltd's name or reputation or violates the rights of those of another party.

You agree to indemnify Welcome Visas Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
3. any breach of the Terms.

14.1 Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence anyTribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

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14.2 Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

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14.3 Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
   
2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;
3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. The mediation will be held in Sydney, Australia.

‍14.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

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14.5 Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

The Services offered by Welcome Visas Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.