This service does not grant or provisions any visa for travel to any country.
Downunder Migration Services Ltd. provides services on behalf of organisations which may provide services related to immigration matters.
This service is not affiliated to any Government Immigration Authority. All decisions for granting a visa remain solely with the relevant Government Authority.
This service is not a visa application, nor visa assessment service.
Each individual has to lodge an application with the relevant Government Authority, either with or without the help of a commercial or not for profit immigration adviser, should he wish to immigrate to another country.
With registering and logging in to the system you accept the Acceptable Use Policy.
Acceptable Use Policy
Version 1.6 - July 2020
(1) This Policy
This Acceptable Use Policy (the “Policy”) sets out the rules governing the use of our web services at usegment.com / avas.usegment.com / avas.co.nz (the “Service Website”) and any content that you may submit to the Service Website (the “Content”).
We will ask you to expressly agree to the rules set out in this Policy on registration and log in to the Service Website.
(2) Purpose of the Service
The Services are offered 'as is' as a Software as a Service (the “SaaS”), provisioned by Downunder Migration Services Ltd. (the “Service Provider”) on behalf of eligible representatives of a company (the “Agent” or "Default Agent") registered with and performed through the Service Website. A user (the “Consumer”) is presented with a set of questions in the interface (the "Questionnaire"). Machine Intelligence is applied to process information supplied in the Questionnaire (the "Calculation"). A result may be presented to the Consumer , and/or sent to the Agent or Default Agent, based on the Questionnaire and the Calculation (the "Result"). Usegment.com and its service engine AVAS (Advanced Verification and Assessment Service) consist of the Questionnaire, the Calculation, the Result as well as all other functions currently or built in the future (the “Service”).
Each Consumer, who is willing to use this Service, needs to be registered with the Service. The Service can only be used by the Consumer and Agent when registered, set-up, or logged in to the Service. Each Agent or Default Agent (subsequently referred to as the "Agent") needs to be set up by the Service Provider with the Service.
Each Consumer is assigned to an Agent and may receive additional services from an Agent which may or may not incur a fee (the “Agent Fee”). Any Agent Fee is outlined in the Agent’s communication with the Consumer and may refer to the Agent's website. The Agent's terms and conditions apply, and the Consumer is entering into a legal agreement with the Agent once he chooses to accept the services of the Agent (the "Agent Service") by logging in to the Service. The Agent may authorise the Service Provider to collect the Agent Fee as part of the use of the Service.
The Consumer is asked to provide Content in order to use the Service. Content is provisioned to the Consumer using the Consumer's email address. Content may be sent to the Agent for further service offerings, quality control and sales and marketing activities.
Any advice (the “Advice”) is provided by the Agent and not the Service nor the Service Provider. The definition of Advice is solely governed by the Government Authorities mentioned below, or through the Agent's Agent Service.
The Service Provider is not liable for any actions of the Agent with regards to the Agent's Agent Service provided to the Consumer.
In using the Service, including all Services and Materials available through it, you agree:
- Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked websites
- Not to upload, post or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files
- Not to create a false identity
- Not to use or attempt to use another’s account, password, service, or system without express authorisation from the Service Provider
- Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law
- Not to run mass mailings, campaigns, or other high-volume operations, unless otherwise agreed in writing between the parties.
Response levels to violations to this Policy:
The Service Provider reserves the right to execute any of the below actions (the "Response Actions"):-
- Issue warnings: written or verbal
- Suspend the Agent’s, Default Agent's or Consumer’s account
- Terminate the Agent’s, Default Agent's or Consumer’s account
- Bill the Agent, Default Agent or Consumer for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
(4) Ownership of the information, location of the Service and privacy
The Service Provider claims ownership of any data or information or Content uploaded to the Service. Consumer and Agent data may traverse or be stored on the Service Provider’s upstream provider’s networks or systems. In these instances that provider considers the data and information that the Consumer or Agent use or transmit via the Service as owned by the Service Provider.
Metadata and other statistical information, such as anonymised data generated as a result of the use of the Service, are owned by the Service Provider and may be used for the purposes of sales and marketing or other purposes. The data stored in the systems of the Service is securely hosted in New Zealand. Please note that any legal jurisdictions over data and information may change depending on the location.
Otherwise, if not defined by this Policy, the NZ Privacy Act 1993 applies.
A Cookie is a small piece of text that is stored by your web browser, and is often used to store your preferences for the Service (i. e. associate the Agent URL to the Consumer), and helps to improve the Service.
A Web Beacon is a clear, very tiny image (1x1 pixel), and it helps us and our advertising partners understand how you use our site. The Service Provider and his advertising partners use both of these technologies to help deliver advertisements about products and services that interest the Consumer and Agent.
These technologies do not store any personal information about you, like your name, phone number, address, or email address. If you would like more information on these technologies, including how to opt out of this, please visit the Network Advertising Initiative.
(6) Pricing Scheme and Subscription
A detail pricing scheme and plan information is available on request.
If not otherwise defined in your specific contract, plans are structured based on:-
- volume (how many runs) AND
- sales qualifications performed (how many results / successful runs).
Unless otherwise agreed in writing between the parties, high volume operations are prohibited.
See section General restrictions and violations for more information
The Service Provider may send the Agent notifications, should the plan limits be reached i.e. if 85 % of the plan volume are reached.
If you use up your plan's limits, you automatically are charged the next higher plan and are billed the difference to your previous plan.
List of plans:
Bronze: Starter Plan
Silver: Small volumes
Gold: Medium volumes
Platinum: Large volumes
Diamond: Unlimited volumes
Minimum subscription period: 3 month
Incentives are provided for 12 month subscriptions.
(7) Agent and Default Agent association to the Consumer
An Agent is set up in the Service as an Agent. The Default Agent is the Agent who is set up in the Service as the default (the “Default Agent”). The Agent and Default Agent receive a unique URL to one or many Questionnaires (the "Agent URL") at set-up in the Service.
Each Agent, including the Default Agent, must provide the Agent URL to the Consumer. A Consumer is associated to the Agent (the "Consumer Agent Association") provided the Consumer uses the Agent URL with the Service, and has enabled cookies (the "Auto Agent Matching"), or if the Service asks the Consumer to identify the Agent from a list (the "Consumer Agent Matching"); Consumer Agent Matching supersedes Auto Agent Matching, should Consumer Agent Matching be applied at any time. The Service Provider reserves the right to determine the instances of applying, or not-applying of the Consumer Agent Matching at any given time without prior notification throughout the Service.
Consumers who use the Service without an Agent URL, or have disabled cookies, are automatically assigned to the Default Agent's Agent URL, unless determined otherwise by the Consumer Agent Association.
The Consumer Agent Association ensures the proper application of regulations and government policies, should they apply to the Agent Service. This ensures that each Consumer receives the Agent Service only through association to an Agent. Without Consumer Agent Association the Service cannot operate.
This Policy shall be governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the Courts of New Zealand.
(9) Proprietary rights
The Customer, Agent and Default Agent acknowledge and agree that the Supplier and/or its licensors own all intellectual property rights in the Service and the Documentation of the Service. Except as expressly stated herein, this agreement does not grant the Customer, Agent, Default Agent or any other person any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Service or the Documentation of the Service.
The Service Supplier confirms that it has all the rights in relation to the Service and the Documentation that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this agreement.
(10) Agent registration and licensing with Government Authorities
Immigration Advice for New Zealand (“NZ”) , Australia (“AU”), Canada ("CA") or other countries can only be offered by Agents who are licensed or registered with the respective Government Authorities, unless exempt.
Please find details about government regulations pertaining Immigration Advice here: www.iaa.govt.nz for NZ, www.mara.gov.au for AU, or http://iccrc-crcic.info/ for CA, as well as other websites, available in the internet.
The Agent must provide a current, valid license or registration on set-up with the Service, unless exempt.
The Agent is liable for disclosing any changes of his registration or licensing status to the Service Provider, in particular when his license or registration with the respective Government Authority has stopped or is no longer valid, or if any charges or complains are laid against the Agent or Default Agent.
The Agent and Default Agent is liable to provide genuine evidence and documentation about the registration and licensing status to the Service Provider.
The Service Provider is not liable to verify the Agent’s or Default Agent's license or registration status at any time.
The Agent and Default Agent must notify the Service Provider immediately of any change in his licensing or registration status. They are obliged to immediately notify the Service Provider if any charges or complains are held against the Agent or Default Agent (the "Notification Clause").
An Agent or Default Agent must stop the use of the Service immediately should he no longer be licensed or registered, unless exempt (the "Stop Clause").
Any violation to the Notification Clause and/or the Stop Clause result in the application of any one or multiple of the Response Actions outlined in the Policy.
(11) Service Level Agreement (SLA)
The Service Provider offers no Service Level Agreement. The Service, the Service Website may be unavailable without any prior notification for any period of time. Data backup is performed by the Service Provider's provider or network or hosting company. The Service Provider is not liable for any problems, damage or any other situation created for the Consumer, the Agent and/or Default Agent, caused by running or not running the Service.
(12) Disclaimer of Warranties
In using this Site and its Services, you expressly understand and agree that:
The Site and the Services contained on it are provided on an “as is” and “as available” basis and that use of the Site and Services is at your own risk.
The Service Provider disclaims all warranties of any kind, whether by express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement.
The Service Provider makes no warranties regarding the accuracy, reliability, quality or availability of service of any products, materials or services made available on the Site.
Any damage to your computer or loss of data that results from the use of the Site or Services, or from the download of any material will be your sole responsibility and is done at your own discretion.
No advice or information obtained from the Site or its Services, whether written or oral, shall create any warranty not expressly stated.
Further, the Service Provider makes no warranty or condition that:
- The Services will meet your requirements
- The Services will be uninterrupted, timely, secure or error-free.
- The results that may be obtained from the use of the Services will be accurate or reliable
- The quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations
- Any errors in the software will be corrected.
This clause sets out the entire financial liability of the Service Provider (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Consumer, the Agent and the Default Agent in respect of:
- Any breach of this agreement;
- Any use made by the Consumer of the Service and Documentation or any part of them; and
- Any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
Except as expressly and specifically provided in this agreement:
The Consumer, the Agent and/or the Default Agent assume sole responsibility for results obtained from the use of the Service and the Documentation by the Consumer, the Agent and/or the Default Agent and for conclusions drawn from such use. The Service Provider shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to the Service Provider by the Consumer, the Agent and/or the Default Agent in connection with the Service, or any actions taken by the Service Provider at the Consumer’s, the Agent’s and/or the Default Agent’s direction; all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and the Service and the Documentation are provided to the Consumer, the Agent and/or the Default Agent, on an "as is" basis.
Nothing in this agreement excludes the liability of the Service Provider:
- For death or personal injury caused by the Service Provider's negligence; or
- For fraud or fraudulent misrepresentation.
Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected party including but not limited to fire, floods, embargoes, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority or the other party.
The Service Provider shall not be liable whether in tort (including for [negligence or] breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
the Service Provider's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to zero $ NZ.