Terms and conditions

1.1 In this Agreement the following definitions apply:

Agreement means the agreement formed between You and Us for the download of the App and includes these Trading Terms.

Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

Us, We, Our means Migration Council Australia and includes its directors, agents, subcontractors and employees.

You, Your means the person/entity downloading and using the App and includes its directors, agents, subcontractors and employees.

1.2 Unless the context requires otherwise:

1. a reference to a person includes a corporation, a trust or any other legal entity;
2. the singular includes the plural and vice versa;
3. headings are for convenience and do not form part of this Agreement or otherwise affect the interpretation of this Agreement;
4. where any word or phrase is given a definite meaning in this Agreement, any part of speech or other grammatical form of that word or phrase has a corresponding meaning; and
5. the term "includes" (or any similar term) means "includes without limitation".

2.1 The App is for Your non-commercial, personal use only and You must not use the App for business purposes.

2.2 We may prevent You from using the App at any time and for any reason.

2.3 The provision of the App does not include the provision of a mobile telephone or handheld device or other equipment to access the App. To use the App, You will require internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with Your mobile network provider (Mobile Provider) will continue to apply when using the App. As a result, You may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any third party charges that may arise, and You accept responsibility for all such charges.

2.4 If You are not the bill payer for the mobile telephone or handheld device being used to access the App, You warrant that You have received permission from the bill payer to use the App.

2.5 You must not hack or extract data from the App or otherwise interfere with the security or software of the App.

2.6 You must not use the App for any fraudulent or illegal purposes.

2.7 You must not engage in any conduct which restricts or inhibits any other customer from using or enjoying the App.

3.1 You acknowledge and agree that:

1. We do not warrant that access and use of the App will be uninterrupted, error-free, or completely secure;
2. We do not warrant that the App will be compatible, or operate in any combination with Your mobile telephone or handheld device which may be selected for use by You;
3. We do not warrant that Your use of the App will be uninterrupted and any information transmitted via the App will be transmitted reliably or in a timely manner; and
4. We do not guarantee the App to be free from virus, spyware or malware.

4.1 Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights.

4.2 You acknowledge that We, or a third party in respect of particular aspects, own all Intellectual Property Rights in the App and all information and content contained in the App.

4.3 You must not directly or indirectly do anything that would or might invalidate or put in dispute Our title in the App or any of Our registered or unregistered trade marks (Trade Marks).

4.4 You must comply with Our reasonable usage guidelines and directions with respect to the App and the Trade Marks as notified to You from time to time.

4.5 You must not copy or reproduce any of the content contained in the App in breach of Our Intellectual Property Rights without Our prior written consent and nothing in this Agreement constitutes a licence or right for You to copy or reproduce the information on the App.

5.1 If You breach this Agreement, We may suspend or terminate Your use of the App at Our discretion.

5.2 If We suspend Your use of the App, We may refuse to allow You to use the App until You have rectified the breach of this Agreement and confirm that there will be no further breaches.

5.3 If We terminate this Agreement, then Your rights to use the App immediately cease and You must immediately remove the App from Your mobile telephone or handheld device.

6.1 The App and related content is provided as a general information resource only and is not designed to replace professional advice.

6.2 While We have made every effort to provide accurate advice and information through the App, We do not make any representations or warranties that the information provided in this App is reliable, accurate or complete.

6.3 We are not liable for any loss or damage resulting from any action taken or reliance made by You on any information contained within the App.

6.4 To the full extent permitted by law, We exclude all liability in respect of Your use of the App, loss of data, interruption of business, wasted management time or any consequential or incidental damages, even if We had been advised by You or should have reasonably been aware of the possibility of such loss.

6.5 You acknowledge that the App is provided as is and as available and Your use of the App is entirely at Your own risk.

6.6 The website links provided in this App are provided for Your convenience only. We do not take any responsibility for their content or endorse any opinions or recommendations provided in those websites. By clicking on those website links, You agree that You are solely responsible for agreeing to the terms and conditions of those websites and for any damages or loss caused from following those links.

6.7 You acknowledge that You must make Your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to You from the App.

7.1 We may change, modify, substitute, suspend or remove the App and any information and features contained on the App from time to time without any notice to You. It is advisable that You connect to the internet from time to time to receive updates.

7.2 Your access to the App may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities on the App. We will attempt to restore access to the App as soon as we reasonably can.

8.1 The App may be accessed within Australia and, where permitted by technology, outside Australia. The law of the Australian Capital Territory shall apply to this Agreement and You hereby submit to the jurisdiction of the Courts of that Territory.

8.2 If a provision of this Agreement is 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.

8.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

8.4 This Agreement (and any documents executed in connection with it) is the entire Agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements.

8.5 We may amend this Agreement from time to time. The amended Agreement will be notified to You via the App and will take effect from the date of amendment of the App. If You continue to use the App after We have notified you of the amended Agreement, You are taken to accept and be bound to the amended Agreement.

8.6 A provision of or a right under this Agreement may not be waived or varied except in writing signed by the person to be bound.