TERMS OF USE
(LEGAL TERMS)

1. Our Services

The information provided when using the Services is for general informational purposes. The Services are designed to provide information about Australian migration and education pathways and the professional services we offer.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Important information about migration and education services

• No guarantee of outcomes: Visa outcomes, processing times, and decisions are determined by relevant government authorities and institutions. We cannot and do not guarantee any outcome, approval, or timeframe.
• General information only: Content on the Site does not constitute legal advice. Your circumstances may require tailored advice.
• Engagement required: If you choose to engage us, the scope of work, fees, and responsibilities will be set out in a separate written agreement (e.g., engagement letter/client agreement).
• Migration assistance: Where “migration assistance” is provided, it is provided by an appropriately authorised person. 
• Third-party requirements: Education providers, assessing authorities, employers, and government bodies may impose additional requirements. You are responsible for providing accurate information and documents.

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

The Content and Marks are protected by copyright and trademark laws and treaties in Australia and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access,
  solely for your personal, non-commercial use or internal business purpose.

Except as set out in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to use any part of the Content or Marks other than as set out above, please address your request to: support@knowbal.com.au.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Your submissions

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree that we may use those Submissions for any lawful purpose, without compensation to you.

You are responsible for what you send to us. You warrant that your Submissions do not violate any law or third-party rights and do not contain confidential information.

3. User Representations

By using the Services, you represent and warrant that:

1. all information you submit will be true, accurate, current, and complete;
2. you will maintain the accuracy of such information and update it as necessary;
3. you have the legal capacity and you agree to comply with these Legal Terms;
4. you are not under the age of 13;
5. if you are a minor, you have parental permission;
6. you will not access the Services through automated means (bots/scripts/scrapers);
7. you will not use the Services for any illegal or unauthorised purpose; and
8. your use of the Services will not violate any applicable law or regulation.

If you provide information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate access to the Services.

4. User Registration

You may be required to register to use parts of the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We may remove, reclaim, or change usernames if we determine they are inappropriate or misleading.

5. Purchase and Payment

We may accept payments for consultations, professional services, or other offerings through the Services.

You agree to provide current, complete, and accurate payment and account information and promptly update it as required. All payments shall be in Australian Dollars (AUD) unless otherwise stated.

Where professional services are provided, additional terms may apply (including an engagement letter/client agreement and any required disclosures).

6. Refund Policy

Our Refund Policy forms part of these Legal Terms and can be accessed here: [Insert Refund Policy URL once published].

Where there is any inconsistency between these Legal Terms and the Refund Policy, the Refund Policy will prevail to the extent of the inconsistency.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available.

As a user of the Services, you agree not to:

• systematically retrieve data or content to create a database/directory without permission;
• trick, defraud, or mislead us or other users;
• interfere with security features;
• disparage, tarnish, or otherwise harm us and/or the Services;
• harass, abuse, or harm another person;
• use the Services in a manner inconsistent with laws or regulations;
• upload or transmit viruses, malware, or disruptive material;
• use bots, scripts, scraping, data mining, robots, or similar extraction tools;
• attempt to bypass access restrictions;
• reverse engineer or copy software except where permitted by law;
• use the Services to compete with us or for revenue-generating activity without permission.

8. User Generated Contributions

The Services may allow you to submit content (e.g., enquiry forms, testimonials, messages, documents) (“Contributions”). Contributions may be treated in accordance with our Privacy Policy.

When you submit Contributions, you represent and warrant that you have the rights to do so and that your Contributions are lawful and do not infringe third-party rights.

9. Contribution Licence

By submitting Contributions, you grant us a non-exclusive, royalty-free licence to use, store, reproduce, and display those Contributions to operate and improve the Services, subject to our Privacy Policy.

10. Third-Party Websites and Content

The Services may contain links to Third-Party Websites and Third-Party Content. We are not responsible for the accuracy, appropriateness, or completeness of any Third-Party Websites or Third-Party Content. You access them at your own risk and should review their terms and policies.

11. Advertisers

We may allow advertisers to display advertisements on the Services. We simply provide the space for these advertisements and do not endorse advertised products or services unless stated.

12. Services Management

We reserve the right (but not the obligation) to:

• monitor the Services for violations;
• take legal action against anyone who violates the law or these Legal Terms;
• restrict access, remove content, or disable features as necessary; and
• manage the Services to protect our rights and ensure proper functioning.

13. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: [Insert Privacy Policy URL once published].

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

The Services are hosted in Australia. If you access the Services from outside Australia, you consent to your information being transferred to and processed in Australia, to the extent permitted by law.

14. Term and Termination

These Legal Terms remain in full force while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason, including breach of these Legal Terms or applicable law.

15. Modifications and Interruptions

We may change, modify, or remove content from the Services at any time without notice. We do not guarantee availability of the Services at all times. You agree we have no liability for interruptions or downtime to the extent permitted by law.

16. Governing Law

These Legal Terms shall be governed by and defined in accordance with the laws of Australia and, where applicable, the laws of the State of Victoria.

You and Knowbal Migration and Education irrevocably consent that the courts of Victoria, Australia (and courts of appeal from them) shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms, except where laws require otherwise.

17. Dispute Resolution

Informal negotiations

To expedite resolution and control costs, the parties agree to first attempt to negotiate any dispute, controversy, or claim related to these Legal Terms (“Dispute”) informally for at least 30 days before commencing court proceedings, except for urgent matters.

Informal negotiations commence upon written notice from one party to the other.

Court proceedings

If the Dispute is not resolved, either party may commence proceedings in the courts described under “Governing Law” above.

Exceptions

Nothing in this section prevents either party from seeking urgent injunctive relief or enforcing intellectual property rights.

18. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and update information at any time without notice.

19. Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

MIGRATION AND EDUCATION INFORMATION PROVIDED ON THE SITE IS GENERAL IN NATURE AND DOES NOT CONSTITUTE LEGAL ADVICE OR A GUARANTEE OF ANY OUTCOME.

20. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE LESSER OF:

• the amount paid (if any) by you to us during the six (6) months prior to the event giving rise to the claim; or
• AUD $1,000,
  except where Australian Consumer Law requires otherwise.

21. Indemnification

You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, claim, or demand made by any third party due to or arising out of:

1. your use of the Services;
2. breach of these Legal Terms;
3. breach of your representations;
4. violation of third-party rights; or
5. any harmful act toward another user.

22. User Data

We may maintain data that you transmit to the Services. You are responsible for all data you transmit. To the extent permitted by law, we have no liability for loss or corruption of data.

23. Electronic Communications, Transaxtions and Signatures

By using the Services, you consent to receive electronic communications. You agree that communications provided electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

24. Australian Consumer Law Notice

Nothing in these Legal Terms is intended to exclude, restrict, or modify any consumer guarantees, rights, or remedies under the Australian Consumer Law or other applicable laws that cannot be excluded.

25. Miscellaneous

These Legal Terms and any policies posted by us constitute the entire agreement between you and us regarding the Services. If any part is unlawful or unenforceable, it will be severed and the remainder will remain valid.

26. Contact Us

To resolve a complaint regarding the Services or to receive further information, please contact us:

Knowbal Migration & Education
Phone: (03) 9448 1800
Email: support@knowbal.com.au

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Office hours: Monday to Friday, 9:00am – 5:00pm

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‍Williams Landing: 308/111 Overton Rd, Williams Landing VIC 3027

‍Melbourne CBD: Level 1, 25 Elizabeth Street, Melbourne VIC 3000

‍Geelong: Suite 3, Level 1, 110 Little Malop Street, Geelong VIC