Terms of Use
Last updated: 03 August 2021
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR PURCHASING ANY ONLINE SERVICES
INTRODUCTION
Welcome to visasidekick.com.au (“Site”). This Site is owned and operated by Order & Law Pty Ltd (ACN 635 985 232) trading as Visa Sidekick (collectively and individually referred to in these terms as “Order & Law”, “Visa Sidekick”, “we”, “our” or “us”).
Order & Law is a company initially incorporated in Victoria, Australia that now runs its primary business operations in Western Australia, Australia.
Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you (“Terms”). These Terms together with our Privacy Policy are very important as they apply to all Site visitors, subscribers to our marketing, subscribers to our Subscription Packages, clients, customers, and all other users of the Site (“user”, “you” and “your”).
CONSENT TO SITE TERMS OF USE
By accessing and using this Site, our social media channels and any other materials that are now or in future made available to you including but not limited to our guides, blog, eBooks, Subscription Packages, webinars, podcasts, checklists, free consultations, videos, downloading our template documents and packages (“Online Services”) provided on this Site, whether made available for purchase or not, you are taken to accept our Terms.
By using the Site, accessing or purchasing any Online Services, you warrant that:
(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
(b) have read and accepted these Terms; and
(c) will comply with these Terms.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also may accept these Terms where you click “Agree” or “Accept” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase or download. We don’t bite! Also, feel free to keep a copy of these Terms handy for your records.
INFORMATION ON THIS SITE IS GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE
All content, including the Online Services made available to you on www.visasidekick.com, contains general information about our Online Services, as well as general information about different areas of the law and does not take into account your specific needs, objectives or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified lawyer.
Your use of this Site, booking a free consultation or the purchase of any of our awesome Online Services, does not create a lawyer and client relationship even in circumstances where any content on this Site has been authored or created by a lawyer.
You further understand and agree that any information, feedback, comment or review that you provide by reason of your use of this Site, using a free consultation or purchasing the Online Services is not privileged or confidential. The Online Services provided are not for legal or commercial use, but for education in relation to your personal visa application.
ARE YOU MY LAWYER IF I USE THIS SITE, USE A FREE CONSULTATION OR BUY SOMETHING ONLINE?
No. Although this Site is owned by a legal practice, we’re not acting as your lawyer and no lawyer-client relationship is created if you:
1. use the Site;
2. Click purchase or a similar button to initiate a purchase of our Online Services on this Site;
3. book a free consultation
and no legal advice (or other) advice is provided on this Site.
Any information, articles, guides or any other information made available to you on this Site, through our newsletter or via our social media channels is general information only and does not take into account your specific needs or circumstances and should not be relied upon as such.
When consultations become available for booking, any free consultation offer will be for your initial free consult and on a per person basis. This means you get only 1 free initial consult, you cannot book in multiple consults. If you miss your booking time, without rescheduling or notify of the change within three hours of the scheduled consult time, you forfeit the consult. Where you book and attend (whether in person or via electronic communication e.g. Zoom, Skype or mobile) a free consultation you acknowledge and agree (as a binding contractual agreement between you and us) that all the information you receive during the free consultation is only general information and provided to you in a summarised form on legal and other topics and does not constitute legal (or other) advice and should not be relied upon as such.
If you want legit legal advice, we’re totally available. Check out the next section.
SO WHEN DO YOU BECOME MY LAWYER?
Subject to a conflict of interest check, Visa Sidekick will only become your legal advisor when the following occurs:
1. you contact us directly for legal advice that is specific to your needs or circumstances or when you purchase one of our Online Services that includes the provision of legal advice specific to your needs or circumstances;
and
2. after you have
(i) accepted a specific proposal for those Online Services (separate to those provided in these Terms),
(ii) you have entered into a lawyer-client agreement with Visa Sidekick; and
(iii) are provided advice within the scope of the services set out in the proposal.
Any legal advice provided under the accepted proposal and reflected in the signed lawyer-client agreement, will be in accordance with the Legal Profession Act (WA) 2008 and associated rules and regulations and not these Terms. Order & Law will provide you with specific documentation in relation to the proposal and lawyer-client agreement by separate communication.
IF YOU BECOME MY LAWYER WHAT ABOUT THESE TERMS?
If a client engages Visa Sidekick to provide legal advice in relation to the Online Services and enters into a lawyer-client agreements, then these Terms will apply to any such client to the extent that they use the Site to access the Online Services, and will operate in conjunction with any lawyer-client agreement. In the event of a conflict or inconsistency between these Terms and a term in any lawyer-client agreement, the terms of the lawyer-client agreement will prevail.
INTELLECTUAL PROPERTY
Ownership of Intellectual Property
The Site and Online Services contain intellectual property owned by Visa Sidekick and by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the Online Services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the Online Services or the Content.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, Content or the Online Services, Visa Sidekick’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site and Online Services, without refund, if you are found to be violating these Terms.
Templates
By ordering or downloading our templates documents (including our Guides) whether directly or via email, you are granted a non-exclusive, non-transferable, limited licence to access and use the template document for your own personal use. You may not assign or transfer the template documents or your Subscription Package or its benefits to any other person without Visa Sidekick’s express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.
PRIVACY
These Terms also include our Privacy Policy which can be accessed here.
DESCRIPTIONS OF ONLINE SERVICES
We try to be clear and informative when describing our Online Services and do our best to describe and display them as accurately as possible in a way that is easy to understand. Whilst we do try our best, occasionally there may be information that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers and availability. From time to time we may amend errors in pricing and descriptions. We’re only human after all so we hope you understand. We reserve the right to refuse or cancel any order if any information on the Site (including our Online Services) is inaccurate at any time without prior written notice (including after you have submitted your order).
Template Documents & Guides
Any template documents and/or guides available on our Site or emailed on request to you are for informational purposes only. They do not create a lawyer-client relationship and they do not account for your personal circumstances. You are solely responsible for the completion and/or use of the template documents and guides. We do not provide any warranties or guarantees regarding the template documents or guides.
If you have any questions or concerns regarding the template documents or guides please contact us. If it is a quick, non-complex query we will endeavour to answer it for you. If your query requires lengthy and/or complex advice, the guide may not be suitable as an informational resource for you, and we will direct you to book in for a paid consultation.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at anytime without advance notice to you. If you’ve purchased our Online Services it will be charged at the price in force at the time a customer’s order is validated.
We offer visitors who want to purchase from our Site the option to pay for the Online Services by Paypal or credit card or such other method of payment as notified by Visa Sidekick from time to time. We aim to ensure we provide the best possible payment options to ensure top online experience. You acknowledge and agree to make timely and full payments to Visa Sidekick for Online Services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card.
When making payments to us, you warrant that you have read the terms and conditions of any third party payment gateway provider or credit provider (e.g. Paypal, Stripe etc) which are available on their respective websites.
WHEN YOU USE OR BUY OUR ONLINE SERVICES WE WILL GIVE YOU A LIMITED LICENSE
Where any Online Services are downloaded by you or to which you are granted access, Visa Sidekick grants you a limited, personal, non-exclusive, non-transferable license to use the Online Services for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Online Services in any manner, except for modifications in completing the Online Services for your authorised use.
You shall not remove any copyright notice from any of the Online Services. Doing so may infringe on our intellectual property rights, as outlined below. Remember that ad that played at the movies in the 90s – its pretty applicable here too.
BE A GOOD PERSON
We’ve created this Site to be a helpful resource and guide to provide users with access to our Online Services. By using our Site we expect you to meet certain standards of behaviour, and to encourage that, we’ve set out some rules below. You must:
Not breach another person’s privacy and use their details without their consent to do anything on this Site or in connection with our Online Services;
Not use this Site in any way that is or may be damaging to this Site
Not use this Site to send unsolicited emails
Not interfere with anyone using this Site
Not use this Site to defame, harass, threaten or offend any person; or
Not help anyone else do any of the above.
Simple enough. Be a good person. Don’t be mean. Don’t be lame. We know you get it.
USER FEEDBACK, COMMENTS AND OTHER SUBMISSIONS
We always appreciate interaction on our social media channels and feedback about our Online Services, as it helps us to improve our Site and our Online Services. Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you! Where you do decide to submit such feedback or comments, you give us permission to post or otherwise use that feedback on our social media or other channels. If you don’t want us to do that, you can email us and tell us at any time.
We reserve the right to remove a review or comment if such review or comment (a) contains libelous or otherwise unlawful, abusive or obscene material; (b) attacks our employees or another contributor; (c) contains material that discloses your personal information; or (d) is unrelated to the post or content to which you have reviewed or commented on. Like we said above, just be a good person.
Our Site may feature user reviews of the Online Services and blogs by guest bloggers. These reviews and content of the guest blogs in no way represent the views or opinions of Visa Sidekick or its owners, shareholders, employees or others, but are the sole product of its creator. Visa Sidekick disclaims all liability with respect to any content submitted by the user or guest blogger.
DISCOUNTS
From time to time, we may offer discounts including exclusive member only discounts, any such discounts cannot be used in conjunction with another offer or discount – we’re sure you know the drill, that’s 1 discount per purchase. Discount codes are not transferable and cannot be redeemed for cash under any circumstances.
COMPETITORS ARE EXCLUDED
You are not allowed under any circumstances to use or access any documents or content on our Site in any way that competes with our business. Visa Sidekick reserves its right to exclude and not permit any person using this Site or accessing its document in its sole discretion.
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or the Online Services including that:
1. they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
2. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
3. there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our Online Services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our Online Services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by Australian Consumer Law (s64A of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
SEVERABILITY
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
ASSIGNMENT
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
ENTIRE AGREEMENT
These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.
GOVERNING LAW AND JURISDICTION
Our Site, like any other website, is accessible to anyone, which means, it may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Western Australia, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Western Australia, Australia.
CHANGES TO THESE TERMS
Visa Sidekick reserves the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of Visa Sidekick’s Online Services. If at any time you choose not to accept these Terms, you should not use this Site.
HOW TO CONTACT US
If you have any questions regarding the above Terms, just connect with us via our Contact Us page.