Schedule of Definitions:
- Account means the online account that the Purchaser uses to purchase services on the website;
- Purchaser means the entity to whom services are supplied by WeMove Experience Pty Ltd;
- Purchaser’s Representative means the Purchaser’s employees, agents & contractors;
- Contract means a contract of the sale of services arising out of an order accepted by WeMove Experience Pty Ltd;
- Delivery means the services have been:
- handed to the Purchaser or the Purchasers’ Representative;
- delivered to the carrier or site nominated by the Purchaser;
- Dispute an unresolved claim which arises under these terms and conditions.
- Services means any services and or services supplied by WeMove Experience Pty Ltd;
- GST means services and Services Tax as provided for in A New Tax System (services and Services Tax) Act 1999 (Cth);
- Invoice means the Invoices issued by WeMove Experience Pty Ltd in relation to a Contract; and words importing the singular number include the plural and vice versa;
- Member means an account holder under the website who has completed the registration process and agree to be bound by the terms and conditions;
- Notice means written notice of a dispute in accordance with Clause 16(b);
- Parties means the parties to these terms and conditions;
- Refund means a refund of the purchase services fee under the Refund Policy;
- Services Address means firstname.lastname@example.org;
- Services Fee means the total monetary amount payable for purchase of products on the website including any associated bank, payment gateway or credit card charges;
- Terms means the terms and conditions contained herein within this document;
- Website means ‘[https://wemoveexperience.com]’ and any pages or subpages associated with this domain name.
- WeMove and WeMove Experience means We Move Pty Ltd ACN 618 032 438 and its assigns;
- You means the Purchaser or the entity to whom services are supplied by WeMove Experience Pty Ltd and the terms may be used interchangeably.
1.1 Welcome to the WeMove Experience Website (‘the Website’). The Website provides you with the following services:
- A. Study Programs;
- B. Visa Application Assistance;
- C. Migration Services;
- D. Banking Assistance;
- E. Phone and Sim Assistance;
- F. Travel Assistance and/or Programs; and
- G. Individual and Group Activities (‘the Services’).
The Website may provides these services by way of third party businesses, institutions, agencies, and other information and training materials from or affiliated with WeMove Experience Pty Ltd ACN 618 032 438 (‘the Website Provider’) and personnel employed, contracted or affiliated with WeMove Experience through both online, telephone and in-person delivery of the training materials (‘the Website Platform’).
These terms may change over time. They were last updated on 5 March 2021. Please check regularly to familiarise yourself with the current terms. The Website reserves the right to amend its terms and conditions at its sole discretion over time. By visiting this website, you are taken to have accepted these terms. If you do not accept these terms, you must not use this website.
3. Website and services
3.1. The Website Provider will endeavour to perform and provide the materials, training and services during your Website use with due diligence and to the best of their ability. The Purchaser understands and agrees that certain materials, training and services may be provided through or in conjunction with personnel employed, contracted or affiliated with the Website Provider who are covered under these Terms and Conditions.
3.2. Notwithstanding the above, the Purchaser understands and accepts that any referrals to third party service providers through the Website Provider or the Website is completed as recommendations only and cannot be taken as professional advice. The Purchaser agrees to indemnify the Website Provider from any liability which may arise out of disputes or claims with regard to referrals to third party service providers and their service(s) provided.
3.3. The Purchaser warrants to abide by the terms and conditions of the Website and understands that the Website Provider holds no liability should the Purchaser breach the terms and conditions of use. If the Purchaser has breached any term or condition of the Website Platform it does not negate their obligation under this Agreement to pay the Website Provider the remainder of the payment(s) owing. This clause will continue to operate regardless of whether the Purchaser is unable to access and use the Website and the Website Platform.
3.4. The Purchaser understands that part of the Website may include face-to-face or digital meetings with the Website Provider. The Website Provider reserves the right to decide the location and timing of such meetings at their sole discretion. If there is a change to an agreed meeting, the Purchaser and Website Provider agree that twenty four (24) hours notice is sufficient and reasonable for the purposes of postponing or arranging a new meeting.
3.5. The Purchaser is responsible for all travel and accommodation costs to participate in any events and/or activities organised by the Website Provider.
3.6. The Website Provider reserves the right to vary and update the Terms and Conditions of the Website including but not limited to amending contents of the Website or its associated services as is reasonably required by the Website Provider in its sole discretion. The Website Provider is able to vary and update the Terms and Conditions without any notice to the Purchaser.
4. ACTIONS OF THE PURCHASER
4.1 The Purchaser understands that the Website Provider will only provide the Services by way of training materials, referrals and general consulting advice and assistance. The Purchaser understands that advice given through the Website is general advice only and may not take into account specific needs and circumstances of the Purchaser, the Purchaser is asked to look at their own objectives and requirements and seek professional advice where needed. The Website Provider is not responsible for the Purchaser’s use of the training materials and is not liable for any representations and communications relating to or arising from the training materials and advice between the Purchaser, the Website Provider or any other third party. Representations and communications under this clause includes but is not limited to any physical, written or digital representation and communication through social media channels, online websites, emails, phone conversations (both text and call) and in person.
5.1. The Purchaser agrees to the fees for any Services listed on the Website which may be amended from time to time at the Website Provider’s discretion.
5.2 The price indicated does not include any travel or accommodation costs and additional study materials that may be required by you (such as but not limited to stationery, textbooks, electronic devices, internet connections, study aids etc.) You can choose from 2 payment methods:
- full payment by way of credit or debit card (please provide the Website Provider with your credit card or debit card details no less than 3 business days prior to the day you wish to commence the Website); or
- full payment by way of bank deposit (please provide the Website Provider with your bank account details no less than 3 business days prior to the day you wish to commence the Website).
5.3. Should the Purchaser’s credit or debit card expire or be cancelled, it is your responsibility to provide the Website Provider with your new credit card details to ensure payments continue to be successfully debited.
5.4 It is the Purchaser’s responsibility to ensure that there are sufficient funds in their nominated account for payment collection. The Website Provider reserves the right to charge an amount of $50.00 for each recollection attempt for administration and bank charges.
5.5. The Website Provider reserves the right to charge interest at the rate of 15% per annum on any amounts unpaid 30 calendar days after the payment due date. Further, the Website Provider reserves the right to engage external debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us. The Purchaser will be liable for all costs arising from unpaid debt including legal fees and payments to third parties engaged to recover the debt.
5.6. All amounts are in Australian dollars and include GST. The Website Provider is not responsible for exchange rate fluctuations or changes in GST rates, and reserves the right to increase the gross price should GST and/or any other rates increase.
5.7. The Purchaser understands that the pricing structure, payment methods, payment processes and these Terms and Conditions may be amended at any given time at the Website Provider’s sole discretion.
7. Permission to use the website
The Purchaser is permitted to use this website, for legal purposes only. The Purchaser must not misuse this website.
Misuse of the website constitutes any of the following:
- commit or encourage someone else to commit a criminal offence;
- transmit or distribute a virus, trojan, worm, or any other material which is malicious, or harmful, in breach of confidence or in any way offensive or obscene;
- hack into or attempt to breach any aspect of the website;
- corrupt data;
- cause annoyance to other users;
- infringe upon the rights of any other person's proprietary rights;
- send any unsolicited advertising or promotional material;
- attempt to reverse engineer, copy or infringe on our intellectual property rights (including copyright) in the content on the website or the technology used to make it available to you; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through the website.
A breach or violation of any of these terms may result in an immediate termination of the Purchaser’s use of the Website and WeMove may also instigate enforcement action or investigation without further notice to you.
WeMove reserves the right to refuse access to the Website to any person, for any reason. We don’t offer any assurances to you as to the maintenance of your access to the Website. You may experience a disruption of service if there are issues with technology or for any other reason. We disclaim any liability for loss arising out of access to the Website being refused, either by us or by a disruption attributable to the technology we use, to the maximum extent permitted by law.
8. Use of the website
When you use the website you are solely responsible for the consequences of your decision to share information with us. By using the website, you are permitting us to use your content without attribution, payment or any other commitment to you and you are representing that you are not violating or infringing anyone else’s rights in doing so. You must not rely on us for the accuracy, completeness, validity for fitness for the purpose of the content on the website.
You are welcome to embed links to our website in your website, however you may not suggest a relationship between parties without our permission.
Your use of the website does not confer any rights, title or interest in the intellectual property right subsisting in the content on the website. We do not grant any such rights to you. We reserve all of our rights in the content.
9. Third party content
WeMove may incorporate content created by third parties on the website. We do not verify the accuracy, completeness or validity of third party content and you must not rely on us in that context.
If you follow a link to a third party website from our website, then your use of that other website will be subject to separate terms and policies. We are not responsible for managing third party websites and have no obligation to you in connection with your use of third party content.
10.1. Any requests to terminate the Website must be sent in writing to email@example.com.
10.2. Termination prior to the completion of your Website will require that the Purchaser pay the any accrued debts owing for any purchase of services made on the Website for events or programmes hosted or created by WeMove.
10.3. In avoidance of all doubt, the Purchaser is liable to pay the total accrued debts in full regardless of the timing of the termination date, whether they have consumed any services or their perceived value of the service received. No refunds apply.
10.4. The date of termination is the date where the Website Provider receives the Purchaser’s written request to terminate their Website.
10.5. The Website Provider may pause or terminate the Agreement immediately and the Website at their sole discretion if:
- a. there is a breach of any part of this Agreement; or
- b. the Purchaser is involved otherwise in any illegal activities inside or outside of this Agreement.
10.6. On termination of this Agreement, the Purchaser is to promptly return (where possible), or delete or destroy (where not possible to return), any confidential information and intellectual property, and/or documents containing or relating to any confidential information and intellectual property.
10.7. The accrued rights, obligations and remedies of the Parties are not affected by the termination of this Agreement.
11. DISPUTE RESOLUTION AND DEFAMATION
11.1. The Purchaser agrees not to post any content on any website(s) or social media accounts that is or could reasonably be considered to be inappropriate, defamatory, disparaging or would otherwise bring the Website Provider into disrepute.
11.2. If any dispute arises in connection with this Agreement or Services (Dispute):
- The party raising the Dispute must notify the other party of the Dispute, with sufficient detail to enable the dispute to be considered (Dispute Notice); and
- The parties must engage in confidential senior level negotiations, with a view to resolving the Dispute.
11.3. If a Dispute has not been resolved within 14 days after the Dispute Notice is given, the
parties agree to refer the Dispute to mediation, as soon as practicable, in accordance with such
rules as the parties may agree, or failing such agreement, as specified by the President of the
Law Society of New South Wales.
If a Dispute has not been resolved following mediation, the Dispute must be referred to arbitration conducted in English, in Sydney and in accordance with the ACICA Arbitration Rules. The number of arbitrators will be one if the amount in Dispute is less than $10 million or three if the amount is greater than $10 million.
11.4. In making an award in the arbitration, the tribunal must:
- Determine the rights and liabilities of the parties in the same way as if Proportionate Liability Legislation applied to each claim in the arbitration, irrespective of whether or not the tribunal is otherwise bound or entitled to apply Proportionate Liability Legislation and whether or not the claim is an appropriate claim under Proportionate Liability Legislation.
- In doing so, have regard to the comparative responsibility of the parties to the arbitration and of any concurrent wrongdoer who is not a party to the arbitration; and
- Give full effect to this clause notwithstanding any provisions in Proportionate Liability Legislation which express a contrary intention or which are inconsistent with this clause, and notwithstanding the inability of the parties in the arbitration to join any concurrent wrongdoers in the arbitration.
It is the intent of this clause to apply proportionate liability to all claims within the arbitration, even if they would not be subject to proportionate liability if made in court.
11.5. No court proceedings may be commenced in relation to a Dispute other than in accordance with section 34A of the Commercial Arbitration Act 2010 (NSW) or to seek urgent relief.
12. Confidential information
- To its legal advisers and external auditors;
- Where we are the recipient of the Conditional Information:
- To any Assisting Party;
- To our insurers, professional advisers or financiers;
- To the extent necessary for us to comply with applicable Professional and Ethical Standards or codes, or where we are required to do so by a regulator.
13. INTELLECTUAL PROPERTY
13.1. The Purchaser understands that the Website Provider owns all intellectual property rights in the materials and resources provided, and that nothing in these Terms and Conditions constitutes a transfer of any intellectual property ownership rights in our materials, except where the Website Provider has expressly authorised the transfer and the authorisation is evidenced in writing.
13.2. The Purchaser must not breach the copyright or intellectual property rights of the Website Provider by:
- altering or modifying any of the materials; or
- creating derivative works from the materials; or
- using any materials for commercial purposes such as on sale to third parties.
13.3. Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
14. LIABILITY AND INDEMNITY
14.1. The Purchaser agrees to indemnify, defend and hold the Website Provider harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
- a. any indirect or consequential loss or damage; or
- b. any loss or damage to business, goodwill, or reputation and loss of revenue and profits;
- c. any breach of these Terms and Conditions; and
- d. any misuse of the Services from or by the Purchaser, their employees or third-party personnel affiliated with the Purchaser.
14.2. The Purchaser understands that the Website is designed to assist them in learning about the development and construction of property through the provision of advisory sessions, materials and resources. The Website Provider does not warrant or guarantee the success of their product, service or business through any service or materials offered and cannot be held liable for any damages arising out of the use of such services or materials.
14.3. The obligations under this clause will survive termination of these Terms.
15.1. The Purchaser agrees that correspondence between the Parties will mostly be through the use of electronic mail. The Purchaser waives the right to any claim they might have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
15.2. If and when applicable, GST payable on our Services will be set out on our invoices. By accepting these Terms, the Purchaser agrees to pay the Website Provider an amount equivalent to the GST imposed on these charges. GST means GST as defined in the A New Tax System (services and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
15.3. The Terms and Conditions of this Agreement are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
16. SEVERANCE, TERMINATION AND SUSPENSION
16.1. Either party can sever this Agreement, if any provision in the Terms and Conditions is held to be unenforceable or invalid.
16.2. Severance: If any provision (or part of it) of the Terms and Conditions is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms and Conditions cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and Conditions and the remaining provisions (and remaining part of the provision) of the Terms and Conditions are valid and enforceable.
16.3. We may suspend the Services for so long as: any fees payable by you are overdue; you fail to provide us with assistance or information, or there is a dispute.
16.4. Either party may terminate this Agreement immediately by written notice to the other: if the other materially breaches this Agreement and fails to remedy that breach on 14 days’ notice; the other becomes insolvent or the Services are suspended for more than 21 days.
16.5. We may also terminate this Agreement immediately by written notice if, in our reasonable opinion, our provision of Services breaches any applicable laws, regulations, professional or ethical standards or codes, has the potential to bring us into disrepute, or may expose us to unreasonable personal risk.
16.6. Termination does not affect any accrued rights of either party, including your obligation to pay our fees, expenses and charges for work performed up to the effective date of termination.
17.1. Any notice required or permitted to be given by either party to the other under these conditions will be sent by way of email to the address provided by the Purchaser at the time of sending. Sufficient notice will be deemed to have been served on the expiry of 24 hours after the email correspondence has been sent.
18.1. The Terms and Conditions contained within this Agreement are governed by the laws of New South Wales and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales. The Purchaser cannot bring a claim, suit or action arising out of any part of this Agreement in a different jurisdiction, regardless of the Purchaser’s geographical locations.
19. Entire Agreement
19.1. These Terms and Conditions and any document expressly referred to in them represent the entire agreement between the Purchaser and the Website Provider and supersedes any prior agreement, understanding or arrangement between the Purchaser and the Website Provider, whether oral or in writing.