Terms Of Service
Welcome to www.bajwaimmigration.com Website (the “Website”) operated by Bajwa Immigration Consultants.
This Terms of Service shall be a Legally binding agreement between you the User (‘You’, ‘your’, ‘User’, including all its grammatical Variations) and Bajwa Immigration Consultants , ‘We’, ‘Our’, ‘Us’, with all its grammatical variations) and this Terms of services shall be construed to be in absolute compliance with all the statutory or other laws dealing with digital contracts and hence don’t need a physical signature.
In addition to complying with these Terms and Conditions, you agree to comply with any and all applicable laws with respect to your use of the Website. By accessing, visiting and/or using the Website, you acknowledge that you have read, understand and agree to be bound by these terms and conditions.
SERVICES, ACCESSIBILITY, AND CONSENT :
Through the Website, Bajwa Immigration Consultants provides users with access to information primarily about Education, Immigration, Coaching and Overseas Health Insurance related products and services for International students and visitors and shall aim to provide links which will redirect the users to the websites of third party insurance service providers, where the users can purchase the Insurance products that suits their requirements (the “Service”). In the absence of a linked source, Bajwa Immigration Consultants offers provisions to purchase specific insurance policies from a third party insurance provider through the Website directly. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. By making use of this Website, and furnishing your personal / contact details, you hereby agree that you are interested in availing and purchasing the Service(s) that you have selected. You hereby agree that Bajwa Immigration Consultants may contact you either electronically or through phone, to understand your interest in the selected products and Service(s) (like renewals, reminders etc.) and to fulfill your demand. You also agree that Bajwa Immigration Consultants reserves the right to make your details available to its affiliates and partners and you may be contacted by the affiliates and partners for information through email, telephone and/or sms. You agree to receive promotional materials and/or special offers from Bajwa Immigration Consultants through email or SMS.
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Bajwa Immigration Consultants for any reason. If you do not qualify, you may not use the Service or the Website.
LICENSE :Bajwa Immigration Consultants grants you a limited license to access and make personal use of the Website and the Services. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any Content available through the Website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Bajwa Immigration Consultants’s sole discretion) an unreasonable or disproportionately large load on Bajwa Immigration Consultants’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Bajwa Immigration Consultants to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by Bajwa Immigration Consultants. By using the Website you agree not to:
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- “frame”, “mirror” or otherwise incorporate any part of this Website into any other Website without our prior written authorization.
WARRANTY AND DISCLAIMER :
The Content, Products, and Services Published on this Website may include inaccuracies or errors, Including Pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and services. We expressly reserve the right to correct any pricing errors on the Website and/or on pending reservations made under an incorrect price. Bajwa Immigration Consultants makes no representation about the suitability of the information, Software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services. All such information, software, products, and services are provided “AS IS” without warranty of any kind. Bajwa Immigration Consultants disclaims all warranties and conditions that this Website, its services or any email sent from Bajwa Immigration Consultants, its affiliates, and/or their respective or associated service providers are free of viruses or other harmful components. Bajwa Immigration Consultants hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The service providers providing services on this Website are independent affiliates and Bajwa Immigration Consultants are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefore. Bajwa Immigration Consultants and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority. In no event shall Bajwa Immigration Consultants and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked Websites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Bajwa Immigration Consultants and/or its affiliates, their respective service providers have been advised of the possibility of such damages.
Bajwa Immigration Consultants does not claim ownership of any materials you make available through the Website. AtBajwa Immigration Consultants’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Website, you grantBajwa Immigration Consultants a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website:
- any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
- any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
- any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
In addition to the other disclaimers and limitations discussed in this notice, there are no guarantees and no warranties regarding online availability, impressions, and click-through of www.bajwaimmigration.com, its web pages, and any material, information, links, or content presented on the web pages at www.bajwaimmigration.com. bajwaimmigration.com, its web pages, and any material, information, links, or content presented on the web pages at www.bajwaimmigration.com, may be unavailable for online access at anytime. Advertising sponsors and advertising, if any and if permitted, must be approved by Bajwa Immigration Consultants before the posting of any advertising material, information, links, content, banners, and graphics on www.Bajwaimmigration.com. Bajwa Immigration Consultants reserves the right to accept or to reject any advertising sponsor or any advertising for any reason.
APPLICABILITY OF LAW, CONTROL, AND DISPUTE RESOLUTION:
Bajwa Immigration Consultants controls and operates this Website from its headquarters in Melbourne, Victoria, Australia and makes no representation that the materials on the Website are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Disputes if any shall be subject to the exclusive jurisdiction of Courts at the state of Victoria, Australia.
LIMITATION OF LIABILITY:
You expressly understand and agree that Bajwa Immigration Consultants and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequntial or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bajwa Immigration Consultants has been advised of the possibility of such damages), resulting from use of the Website, content or any related services. If, despite the limitation above, Bajwa Immigration Consultants or its Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Bajwa Immigration Consultants and/or Its Affiliates will in no event exceed, in the aggregate, the greater of
- the service fees you paid to Bajwa Immigration Consultants in connection with such transaction(s) on this Website, or
- 5 Australian Dollars.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Bajwa Immigration Consultants, Its affiliates, and/or their respective service providers.
CUSTOMER DUE DILIGENCE
You agree and acknowledge that for undertaking any financial transaction through the Website, Our Company may undertake client/customer due diligence measurers and seek mandatory information required for verification and identification of the User. Our Company may obtain sufficient information to establish, to its satisfaction or the insurance company, the identity of each new customer, and the purpose of the intended nature of insurance relationship between you and the insurance company(ies). You agree and understand that you shall ensure that any payment towards insurance policy is remitted only through your bank account or from a joint bank account in which you are a joint holder. You also agree and understand that by purchasing and paying for a policy via this Website, you warrant you are the authorised holder of the credit card used for payment and/or have express consent of the authorised credit card holder to make the relevant purchase and payment. In the event, payment towards insurance purchase is remitted through a bank account opened in the name of a third party(i.e. not being in your name), you agree and acknowledge that Our Company can undertake enhanced due diligence measures(including any documentation), to satisfy itself relating to customer due diligence requirements.
You agree to indemnify and hold Bajwa Immigration Consultants (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms, your violation of any law or the rights of a third party, or your use of the Website.
NOTICES AND COMMUNICATIONS:
When you use the Website or send emails to Bajwa Immigration Consultants, you are communicating with Bajwa Immigration Consultants electronically. You consent to receive communications from Bajwa Immigration Consultants electronically. Bajwa Immigration Consultants may communicate with you by email or by posting notices on the Website or by phone or usually available means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website or third parties may provide links to other World Wide Web Websites or resources. Because Bajwa Immigration Consultants has no control over such Websites and resources, you acknowledge and agree that Bajwa Immigration Consultants is not responsible for the availability of such external Websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Websites or resources. You further acknowledge and agree that Bajwa Immigration Consultants shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or resource.
The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Bajwa Immigration Consultants and other associated parties and service providers. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Websites on the World Wide Web without the written permission of Bajwa Immigration Consultants or such third party which may own the Marks. All information and content including any software programs available on or through the Website (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes.
SPECIFIC CONDITIONS OF SALE:
The website contains information in a comparative manner regarding products, services, their presumed benefits and features of insurance policies of the OSHC and OVHC variety. We make no warranties on the information hosted on the website on the whole and any specific content and we make no representations or warranties on accuracy, integrity, feasibility of the information provided by the website. You are responsible for your choice of OSHC and OVHC insurance and you agree to not hold Bajwa Immigration Consultants responsible for any liabilities or adverse consequences that may occur as a result of your purchase.
GENERAL REFUND RULES FOR OSHC PURCHASES:
In addition to the other disclaimers and limitations discussed in this notice, you also agree and understand that Bajwa Immigration Consultants is not responsible to initiate process or complete any claim or refund request. The below information is only provided to users as a general guide to understand their eligibility of obtaining a refund from the third party insurance providers.
Students can apply in writing for a pro-rata refund of premium for the unexpired portion of your policy if:
- They paid their premium and did not come to Australia
- They paid their premium on the basis of an extended stay but the extension of authorised stay was not granted by DIAC
- They are obliged to cease studies and leave Australia before the end of a period of approved stay for reasons beyond your control
- They have been granted permanent residence in Australia
- They were not resident in Australia for a continuous period of 3 months or more but whilst holding a valid Student Visa
- They can provide proof of OSHC provided by another organisation which includes the period covered by the organisation
- Refunds are calculated on a monthly or daily pro-rata basis, with a minimum refund of one month
- A minimum cover period of 3 months is payable if cover is cancelled whilst in Australia
- There is no minimum cover period payable if cover is cancelled prior to arrival in Australia
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This Terms and the relationship between you and Bajwa Immigration Consultants will be governed by the laws of the Australia without regard to its conflict of law provisions. You and Bajwa Immigration Consultants agree to submit to the personal jurisdiction of the courts located in Victoria, Australia with respect to any legal proceedings that may arise in connection with these Terms. The failure of Bajwa Immigration Consultants to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Bajwa Immigration Consultants does not guarantee it will take action against all breaches of these Terms. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. These Terms constitutes the entire agreement between you and Bajwa Immigration Consultants and governs your use of the Website, superseding any prior agreements between you and Bajwa Immigration Consultants with respect to the Website.