1. Introduction

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Welcome to https://www.skylarkmigration.com.au (Site). The Site is owned and operated by SKYLARK MIGRATION SPECIALISTS PTY LTD ACN 625 196 894 (SKYLARK, we, us, our).

The use of the Site, is subject to the following Terms & Conditions and any additional terms and conditions, policies (including our Privacy Policy) and notices made available by us on the Site from time to time (together, Terms of Use). In the Terms of Use, “you” means the person accessing or using the Site.

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2. Using the Skylark site

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2.1     By logging onto the Site, you irrevocably submit to and are bound by these Terms of Use.
2.2     We reserve the right to modify or terminate the Site or your access to the Site for any reason, without notice, at any time and without any liability to you.
2.3     If you do not agree to these Terms of Use, you must immediately exit and not use or access the Site.
2.4     You acknowledge and agree that SKYLARK provides you with access to the Site in consideration for and in reliance upon your agreement to be bound by these Terms of Use.

2.5     You agree that we may include any advertising and promotions on Site at our sole discretion. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

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2.6. Your Conduct

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While using the Site, you will not:

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2.6.1     upload any viruses or other malicious code;
2.6.2     use or access the Site if you are unable to form legally binding contracts or are under the age of 18;
2.6.3     post, distribute, upload, publish or disseminate any illegal, discriminatory, threatening, defamatory or offensive content

2.6.4     post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
2.6.5     harvest or otherwise collect information about other users, including email addresses, without their consent;
2.6.6     breach any provision of the Terms of Use. All or some of the Terms of Use may change from time to time and it is your responsibility to remain familiar with the most current versions;
2.6.7     solicit other users’ login information or attempt to access an account belonging to someone else;
2.6.8     use the Site in any manner which might damage, disable, overburden, or impair the Site or interfere with any user's use and enjoyment of the Site, such as a denial of service attack;
2.6.9     defame, bully, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of our staff or other users;
2.6.10     fail to comply with all applicable laws, rules and regulations during your use of the Site, including without limitation, laws related to copyright;  
2.6.11     facilitate or encourage any violations of these Terms of Use; or
2.6.12     infringe any third party’s rights including intellectual property rights.

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2.7. Content

2.7.1     The Site and the information, content, illustration, images, statements, figures, calculations and representations including any blog posts or podcasts [##TBC, what other content is in your blog?] contained within it are for presentation purposes only and are subject to change without notice as a result of a range of variable factors, including changes in governmental policy or global economic climate. We recommend that you confirm the most current information at the time and consult an independent migration agent. 

2.7.2     Whilst the Site has been prepared with all reasonable care and thought, no warranty is given as to the accuracy, currency or completeness of the information contained within it and it is not intended to be relied upon in any way. SKYLARK, its related companies and their consultants and agents accept no responsibility for any of the information contained in this Site or for any action or omission taken in reliance upon it by any party including any user, client or potential client.

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2.8. Commissions

If you have been introduced to the Site or the services offered by SKYLARK by a third party, that third party may have received a commission for the introduction.  

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2.9. Commissions

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SKYLARK makes no, and expressly disclaims any, representation or warranty that the Site will be available or secure for use by you at all times or at any particular time.

We are not responsible in circumstances where the Site or any part of it is unavailable at any time due to a power outage or server outage. We have no control over, and no responsibility for, the functioning network you use to access the Site.

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2.10. Suspension

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Without limiting our other remedies, we may limit, suspend or prohibit access to the Site or any part of it, delay or remove content, and take technical and legal steps to keep you off the Site for any reason.

3. Liability

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3.1. Our liability

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3.1.1     To the fullest extent permitted by any applicable law, SKYLARK excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) and the application or availability of any statutory rights (including any implied representations, warranties, terms or conditions or any statutory guarantees that any goods or services supplied under these Terms of Use are of satisfactory quality or fit for their purpose) in connection with the Site.

3.1.1     To the fullest extent permitted by any applicable law, SKYLARK will not be liable to you (whether under these Terms of Use or otherwise) for any indirect or consequential loss, loss of profit, data loss, damage to reputation, additional borrowing loss, effects of any insolvency, damage to reputation, claims or allegations by a third party that any material breaches that third party’s rights (including intellectual property rights) you may suffer or incur in connection with the Site. You release and forever discharge SKYLARK from any such liability.
3.1.3     To the extent SKYLARK is able to limit the remedies available under these Terms of Use, SKYLARK expressly limits is liability for breach of a non-excludable statutory guarantee to the following remedies (at its election):

(a) the supply of services again; or

(b) payment of the cost of having the services supplied again.

3.1.4     You agree that in the event you incur any damages, losses or injuries that arise from or are connected with our acts or omissions, damages are an adequate remedy and you irrevocably waive any right to seek interim, interlocutory or final injunctive relief or specific performance of these Terms of Use and you will have no right to restrain the development, distribution, advertising, exhibition or exploitation of any website, property, product, service or other content owned or controlled by us including the Site.

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3.2 Risk

3.2.1     Except as expressly set out in these Terms of Use, you use and access the Site at your own risk.

3.2.2     You are responsible for ensuring that your activities on the Site are lawful (including by ensuring you have obtained all necessary consents, permits and authorisations).
 

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4. Intellectual Property

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Nothing in these Terms of Use transfers any intellectual property rights incorporated in the Site to you.

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5. Privacy

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When you register an account, submit an enquiry to us or otherwise engage with us, you will be required to provide us with various pieces of personal information. We will collect, store, use and disclose your personal information in accordance with our Privacy Policy, which can be found at https://www.skylarkmigration.com.au/privacy-policy

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5.2     At the time of collecting your personal information, we will take reasonable steps to bring our privacy collection statement to your attention.

5.3     If you would like to request a physical copy of our collection statement or Privacy Policy (or both) please contact us on +613 9034 4514, or by email at service@skylarkmigration.com.au.

5.4     You warrant to SKYLARK that any personal information you provide to SKYLARK about a natural person has been collected with that person's consent for it to be provided to us to be used in a manner contemplated by these Terms of Use including our Privacy Policy.
 

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6. Miscellaneous

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6.1 Amendments

We reserve the right to modify or replace any part or all of the Terms of Use and you agree that we may notify you of an such changes by emailing you or posting them on the Site and that your use of the Site subsequent to posting such changes shall constitute your acceptance of those changes. Any amendments to the Terms of Use take effect from the date stated or, where no date is stated, from the beginning of the next day after they become available. It is your responsibility to stay up to date with the current Terms of Use.

6.2 Severance

If any provisions of these Terms of Use are found to be invalid or unenforceable, then that provision will be read down or severed and that invalidity or unenforceability does not affect the validity or enforceability of the other terms and conditions.

6.3 Waiver and Exercise of Rights

6.3.1     A single or partial exercise or waiver of a right relating to these Terms of Use does not prevent any other exercise of that right or the exercise of any other right.
6.3.2    No party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.

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6.4  No Relationship

We do not have a trust relationship with you, and we do not owe you any fiduciary duty. No party to these Terms of Use has the power to obligate or bind any other party. Nothing in these Terms of Use will be construed or deemed to constitute a partnership, joint venture or employee, employer or representative relationship between any of the parties.

6.5 Indemnities

6.5.1    Each indemnity in these Terms of Use is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms of Use.
6.5.2    It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity conferred by these Terms of Use.

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6.6 No Merger

The warranties, undertakings, agreements and continuing obligations in these Terms of Use do not merge on completion.

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6.7 Rule of Construction

In the interpretation of these Terms of Use, no rule of construction applies to the disadvantage of the party preparing the document on the basis that it put forward these Terms of Use or any part of it.

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6.8 Links to Third Party Sites

The Site may contain links to other web sites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by use of the Linked Site or any association with its operators.

6.9 Jurisdiction

These Terms of Use are governed by the law in force in Victoria, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
We make no representation that the Site is accessible, appropriate or legally permissible for use in locations outside of Victoria, Australia and accessing and using the Site is prohibited from jurisdictions where doing so would be illegal.