Terms of use

Welcome to myVisa Toolkit’s Terms & Conditions of Use! We are truly excited to have you on board. Thank you for choosing to use our services.

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The Terms and Conditions listed below are necessary in order to protect both you and us, and to make your experience with myVisa Toolkit as enjoyable as possible. 

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We understand that legal terms and conditions can be exhausting to read, so we’ve provided a brief summary of the important bits in the ‘Key Things to Note’ section. However, not everything is covered in the summary, so it’s recommended that you read through for the full terms and conditions.

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KEY THINGS TO NOTE:

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1. myVisa Toolkit is a service provided by Skylark Migration Specialists 

2. Our services start when we receive the full payment. They generally end once feedback has been provided for the reviewed documents and forms relating to the application.

3. The review by the migration agent only occurs once, after you have notified us that you’ve provided all the documents and forms to be reviewed. Additional reviews may be purchased as a Bolt On.

4. Our services end once we have completed your application review and/or your feedback session.

5. Terms of use for individual Bolt-On services can be found in section 3.

6. This service doesn’t include representation from a registered migration agent or assistance with the application process itself. Please note that we won’t be held responsible for any correspondence received from Immigration for any authorised appointments by you. Processing or forwarding correspondence of this nature may incur additional service fees. For the details of which services we provide and do not provide, please refer to Section 1.

7. You will need to provide documents required for the review at your own cost. This includes the translation of documents to English.

8. You must provide us with genuine documents and information at all times. There are significant consequences for providing false or misleading information to government authorities.

9. You will be expected to collect and produce the supporting documents and complete the application form(s) yourself. We will provide guides to help you with these processes. You may incur additional third-party costs as part of this process.

10. It is your responsibility to check your eligibility for the relevant visa before purchasing this service. It is highly recommended that you first complete our free online eligibility test. Refunds will not be issued if you later discover you’re not eligible for the visa. 

11. All material (including but not limited to: guides, samples, other supporting material) provided to you are the property of Skylark Migration. If it is discovered that you have distributed, resold, copied or reproduced the content of these materials, we will immediately terminate your service without refund. Legal action will be sought for serious breaches.

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TERMS AND CONDITIONS OF SERVICE
These Terms and Conditions of Service (“Terms”) act as a legal agreement between you (“the Client”) and Skylark Migration Specialists Pty Ltd (ABN 35 625 196 894) (”Skylark Migration,” “we,” “our,” or “us”) and its associated entities. These Terms govern the use of the myVisa Toolkit service (“the Service”).

 

1. PROVISION OF SERVICE

Upon commencement of the Service, you will be assigned a registered migration agent (“the Agent”) under employment or contract with Skylark Migration.

 

The service associated with myVisa Toolkit is strictly an application review service. This means that the Agent will only review and provide feedback for the provided documents and application forms. The service also includes the provision of material to support the Client with the process of preparing the relevant documents and forms for review.

 

For the sole purpose of granting you the Service, Skylark Migration will need to access, download and/or copy your content to our cloud services namely Dropbox, to perform our review and feedback services.

 

The Service will be provided by Skylark Migration, its associated migration agents and its other staff.

Services requiring the provision of immigration assistance will be performed by the Agent. Other administrative tasks, such as but not limited to, collation of documents, and sending basic correspondence, may be performed by staff members of Skylark Migration who are not registered migration agents. Staff members will be supervised by the Agent as appropriate.

 

Skylark Migration will endeavour to respond to all email enquiries within the service standard as advertised online. We will only answer questions related to the Service; we reserve the right to make this determination. We also reserve the right to decline to respond to email enquiries where they are harassing or repetitive in nature.

 

Only enquiries relating to the visa application that is subject to the Service will be addressed. Other enquiries relating to migration or other matters should be directed to Skylark Migration directly.

 

All documents and forms for review must be provided in the manner specified by the Agent. Any documents received outside of these specifications may not be eligible for review and may incur additional service fees for its handling.

 

The Service will commence upon receipt of the full amount of fees payable. The Service will end upon finalisation of the review and feedback session, or upon issue of a Statement of Services indicating that the Service has been finalised, whichever occurs the earliest.

 

The Service, unless otherwise specified by the Agent or Skylark Migration, will only include one single instance of review and feedback provision, at the request of the Client. Only documents and forms provided by the Client, in the manner specified by the Agent, will be reviewed in this instance.

 

The Service is limited to the review of one visa application. 

 

The Agent will not be appointed to represent the Client at any stage during the Service or the subsequent application process.

 

The Agent, nor Skylark Migration, will be held responsible for correspondence received from the Department of Immigration in relation to the Client. The Client may be liable for additional service fees for forwarding of any correspondence from unauthorised appointments made by the Client.

 

2.    OUR INTELLECTUAL PROPERTY

The Service and all materials therein or transferred thereby, including, without limitation, documents, images, text, graphics, logos, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Skylark Migration. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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Distribution, resale, reproduction of any material belonging to Skylark Migration to any unauthorised third party is a direct contravention of the terms and conditions of the Service, and will result in the immediate termination of any current service with no recourse for refund. Legal action will be sought for severe contraventions.

 

 

3.    BOLT-ONS

 

3.1 30-Minute Call Back

This Bolt-On service (“the Service) constitutes a single 30-minute telephone or video call with a registered migration agent affiliated with Skylark Migration Specialists Pty Ltd (“we”). You may use this time to discuss issues and concerns you may have about the visa application selected as part of the myVisa Toolkit service. 

 

The Service is not intended to constitute remote assistance with the process of collecting documents, contacting third parties or completion of forms. We reserve the right to terminate the Service, without refund, if the Service is not being utilised as described above.

 

It is your responsibility to provide the correct and suitable contact details for the call. No refunds will be issued for invalid/incorrect contact details. If we are unable to contact you after the first attempt to call, we will leave a message and wait for your return call during the allocated appointment time.

 

No refunds will be issued for technical issues affecting the quality of the call, unless it is found that we were at fault regarding the technical difficulties.

 

The Service terminates at the conclusion of the allocated appointment time, regardless of whether or not contact was successfully established.

 

12 hours' notice is required for rescheduling of any appointments that have been booked. Any requests for rescheduling made outside of this notice period will incur additional charges.

 

As the Service is in high demand, we do not offer refunds for cancellations. If a cancellation request is received with at least 12 hours’ notice, we would be happy to reschedule the call or transfer it to someone else.

 

Additional calls may be purchased as separate ‘30-Minute Call Back’ Bolt-On service.

 

3.2 Express Service

This Bolt-On service (“the Service”) will reduce the service standard for the review portion of the myVisa Toolkit to 2 business days. A registered migration agent affiliated with Skylark Migration Specialists Pty Ltd will review the relevant application and provide written feedback regarding your application and supporting documents within 2 business days.

By paying for the service, you are confirming that your application and supporting documents are completely prepared for review any time within the next 2 business days. There will not be an opportunity to submit additional documents for consideration once the registered migration agent has reviewed the application.

The Service does not guarantee that you will be able to book your complimentary 30-minute feedback session within 2 business days.

Once the review has commenced, refunds will no longer be issued, regardless of whether or not written feedback has been issued.
 
3.3. PR Pathway Planning

This Bolt-On service (“the Service”) entitles you to the PR Strategy Session Service provided by Skylark Migration Specialists Pty Ltd (“Skylark Migration”). You may find out more about the service here:
https://www.skylarkmigration.com.au/strategy
 

The Service explores 2 key strategies as identified through discussion between you and a registered migration agent affiliated with Skylark Migration. Additional strategies may be considered at additional cost. 
 

The Service does not offer any guarantees of a definite migration strategy leading to permanent residency. Though every effort will be placed into providing accurate and pertinent advice, the suggested migration strategies are still subject to changes in policy and legislation.
 

Skylark Migration will not be held liable for any losses or damages arising from advice offered as part of this Service.
 

The Service is complete at the conclusion of the complimentary 60-minute consultation held after the Migration Plan is sent to you. Any further enquiries about the Migration Plan or recommended migration strategies may be addressed as an additional paid service.

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3.4. After-Service Support

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This Bolt-On service (“the Service”) extends the period of email support from the myVisa Toolkit service beyond the conclusion of the complimentary 30-minute review discussion. The support will be provided by Skylark Migration Specialists Pty Ltd ("Skylark Migration").

 

The support is restricted only to email communication. Phone support may be obtained by purchasing the 30-Minute Call Back Bolt-On service.

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Only enquiries relating to the lodgement of the visa application and the post-lodgement process will be addressed. Skylark Migration retains the right to determine the suitability of the enquiry to the Service, and to decline to respond to email enquiries where they are harassing or repetitive in nature.

 

The Service does not include review of any additional documents or forms that were not initially provided for review as part of the myVisa Toolkit service in the manner specified by Skylark Migration.

 

The Service does not include review of any documents that may be submitted as part of a Request for Information from the Department of Home Affairs.

 

You will retain all responsibilities regarding the receipt and response to all correspondence from the Department of Immigration. Skylark Migration will not be held responsible for correspondence received from the Department of Immigration in relation to your application. You may be liable for additional service fees for forwarding of any correspondence from unauthorised appointments made by you.

 

The Service will cease upon the finalisation of the relevant visa application. You are obligated to notify us of any visa decisions made by the Department of Immigration for the purposes of concluding the Service.

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3.5. The Ultimate Upgrade 

This Bolt-On service (“the Service”) enables a registered migration agent affiliated with Skylark Migration Specialists Pty Ltd (“Skylark Migration”) to assist you with the preparation and lodgement of your visa application.
 

Any fees paid for the purchase of 30-Minute Call Back Bolt-On services purchased as part of your myVisa ToolkIt service will be credited towards the purchase of this upgrade.

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4. AGENT GUARANTEES

The Agent is a registered migration agent with the Office of the Migration Agents Regulation Authority (OMARA). Therefore, the Agent is bound by the Code of Conduct ("the Code") prescribed in Schedule 2 of the Migration Agents Regulations 1998. A copy of the Code will be provided to the Client upon request. Alternatively, a copy of the Code can be obtained via the website of the Office of the Migration Agents Regulation Authority at www.mara.gov.au.

 

The Agent may recommend third-party business partners for services that would be utilised during the migration process. Please note that Skylark Migration stands to receive financial benefit from these recommendations, unless otherwise stated.

 

Although the Agent will provide feedback regarding the application to the best of their ability, the Agent cannot guarantee the success of the application.

 

The Agent maintains the required level of professional indemnity insurance.

 

The Agent does not have a conflict of interest as prescribed in Part 2 of the Code.

 

The Client will be provided an interpreter upon request. However, any interpreting services utilised will be paid for by the Client.

 

The Agent will endeavour to provide all the necessary information to assist the Client in making migration-related decisions.

 

The Agent will always advise the Client of any additional fees that may be payable during the course of the Service. If the fee for items outlined in this agreement has increased, the Agent will only proceed with the relevant service if the Client has agreed to the increased fees in writing and if the invoice for the increased fees have been paid. If the payment of the additional fees are not mandatory for the completion of the Service, the Client will always be offered the choice to opt out. 

 

5. CLIENT OBLIGATIONS
 

The Client is solely responsible for ensuring that they are eligible for the visa for which they are applying. Refunds will not be issued if the Client later discovers they are unable to receive the full service due to their visa ineligibility.

 

The Client is responsible for the labour and costs of providing the documents and forms required for the review and feedback stages of the Service. Neither the Agent, nor Skylark Migration, will directly assist in the process of procuring documents or completing application forms.

 

The Client is obliged to disclose any information to the Agent that is directly relevant to the application made to the Department. These may include personal information such as health concerns and criminal history.

 

The Client is obliged to notify the Agent of any changes to, or intention to change, their circumstances that may be relevant to their migration status and the application. These may include, but not limited to; change of employment, departure/arrival in Australia, etc.

 

The Client understands that the final decision made by the Department is not within the Agent's control and a positive outcome cannot be guaranteed by the Agent.

 

The Client also understands that although the application might meet all the requirements, there are criteria that offer Department officers discretion to make their decision.

 

The Client will not hold the Agent liable for any loss arising from changes to legislation and/or policy that may occur.

At all times, the Client must provide the Agent with genuine documents and information that is true and correct to the best of the Client's knowledge. The Client acknowledges the significant consequences of providing false or misleading information to government authorities.

 

If the Client is representing third-party applicants, the Client agrees to ensure that the applicants have authorised the Client in writing to act on their behalf. The Client agrees to provide a copy of this written authorisation to Skylark Migration Specialists before the commencement of service. The Client understands that the Agent does not hold any obligations to any other parties, except what is required under the Code and relevant Australian legislation.

 

6. TERMINATION OF AGREEMENT

The Client may terminate this agreement in writing at any time. If the agreement is terminated before the Service is finalised, the Client should note that any service fees held in the client account for may be forfeited. 

 

The Agent may terminate this agreement at any time, provided that adequate notice is provided to the Client as prescribed in clause 10.1A of the Code. The Agent will have discretion regarding the refund of any funds held in the client account. The Agent must terminate this agreement if a conflict of interest as prescribed in Part 2 of the Code arises, and an alternate solution cannot be found. If this agreement is terminated, the Client's file will be processed in accordance with Part 10 of the Code.

 

7.RECORDS POLICY AND CONFIDENTIALITY

 

The Agent will retain all documents and information in secure cloud storage.

 

The Agent will not retain credit card information. Once payments are processed, any credit card information received from the Client is destroyed to ensure the Client's financial security.

 

The Agent will request for digital documents (where appropriate) in the first instance. In the interests of environmental sustainability, any non-original paper copies received from the Client will be digitised and destroyed. Provision of non-digital documents by the Client may incur additional service fees.

 

The Agent will retain all records on the Client's file for 7 years after the date of the last action taken in relation to the Client's file as required by clause 6.1 of the Code. After this date, the Agent may destroy the documents.

 

The Agent will maintain strict confidentiality for all information unless advised otherwise by the Client, or unless required by law to disclose the information.

 

If the services of a third-party service provider is used, the Client agrees to allow Skylark Migration Specialists to only share information that is essential for the provider to complete their service.

 

The Agent will handle all documents and information belonging to the Client in compliance with the Australian Privacy Principles as prescribed in Schedule 1 of the Privacy Act 1988 at all times. Please refer to our website for our Privacy Policy: https://www.myvisatoolkit.com.au/privacy

 

8. DISPUTES AND COMPLAINTS

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Both the Client and the Agent agree to communicate with each other in an attempt to resolve any disputes or complaints that may arise from the services provided or this agreement. If a resolution is reached, it will be transcribed in written form and signed by both parties.

 

If one party initiates the process of dispute resolution, the other party must respond within 72 hours. Resolutions should be finalised within 28 days. If both parties cannot reach a resolution within 28 days, both parties agree to escalate the case to the Australian Disputes Centre (ADC). The ADC is an independent, not-for -profit organisation that aims at resolving commercial disputes. Any fees incurred by this process will be paid for by both parties equally.

 

If parties are unable to resolve their dispute through ADC, either party may initiate legal proceedings no earlier than 28 days after the escalation of the case to ADC. If it can be established that the Department of Immigration requires that the Client depart Australia before the aforementioned deadlines, the Client may alter any clauses in this section of the agreement in order to accommodate the time constraints.

 

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We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page, accessible via our website, periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, simply withdraw from the Service and terminate this agreement.

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If you have any questions about our Terms and Conditions, please contact us at service@myvisatoolkit.com.au.