Terms of Service
Published on March 26th, 2022
1. Introduction
Welcome to ImmiYami (“ImmiYami”, “we”, “our”, “us”)! As You have just
arrived
at our Terms of Service, please pause, grab a cup of coffee and carefully read
the
following pages. It will take You approximately 20 minutes.
“ImmiYami” is the trading name of Duchy Global Limited (New Zealand Company)
along with
their respective directors, officers, employees, licensees, contractors,
attorneys,
agents, successors and assigns.
IMMIYAMI.COM IS NOT ACTING AS AN IMMIGRATION AGENT/LAWYER/ADVICER. IMMIYAMI IS A
COMMON
PLATFORM WHERE IMMGRATION SEEKERS AND IMMIGRATION SERVICE PROVIDERS MEET EACH
OTHER.
“You” or “Your” is either: i) a registered business that wish to or already
purchases any product or service made available through the Service incl. the
business’
respective directors, officers, employees, licensees, contractors, attorneys,
agents,
successors and assigns (“Business Customer”); or ii) a private individual that
wish to
or already purchases any products or service made available through the Service
(“Consumer”).
Our Privacy Policy also governs Your use of our Service and explains how we
collect,
safeguard and disclose information that results from Your use of our web pages.
Please
read it https://www.immiyami.com/pages/privacy-policy
. If you are a Business
Customer
we act from a position of a “data processor” for any personal data you provide
us that
relates to private individuals, and our role, together with the security
measures we
apply, is detailed in the DPA.
Your agreement with us includes these Terms, our Privacy Policy, and, where
applicable,
the DPA (“Agreements”). You acknowledge that You have read and understood the
Agreements, and agree to be bound by them.
If You do not agree with (or cannot comply with) the Agreements, then You may not
use
(and must immediately stop using) the Service, but please let us know by
emailing at
[email protected] so we can try to find a solution. These Terms apply to all
visitors, users and others who wish to access or use Service.
Thank You for being responsible.
2. Communications
When creating an account on our Service, You will be asked to select marketing
preferences which allow You to subscribe to newsletters, marketing or
promotional
materials and other information we may send.
You may opt out of receiving any, or all, of these communications from us by
accessing
Your Account Settings on the Service, or by following the unsubscribe link at
the bottom
of each of our marketing communications.
For additional information about how we protect Your privacy, please refer to our
Privacy
Policy at https://www.immiyami.com/pages/privacy-policy
3. Purchases and Membership
If You wish to purchase any product, service or membership made available through
the
Service (“Purchase”), You may be asked to supply certain information relevant to
Your
Purchase including, without limitation, Your credit card number, the expiration
date of
Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit
card(s) or
other payment method(s) in connection with any Purchase; and (ii) the
information You
supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating
payment and
the completion of Purchases. By submitting Your payment information, You
understand that
we may share that information with these third parties subject to our Privacy
Policy.
Your Purchase is not confirmed until You receive a confirmation email from us. In
particular, we reserve the right to reject Your Purchase due to product or
service
unavailability, or if fraud or an unauthorized or illegal transaction is
suspected.
All prices shown on the Service are as a standard denominated in USD. We may
determine to
show the prices in the currency that ImmiYami determines to be your local
currency. All
prices shown to Consumers include applicable sales taxes at the rate that is in
force
from time to time.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made
available
through the Service may be governed by rules that are separate from these Terms.
If You
participate in any Promotions, please review the applicable rules as well as our
Privacy
Policy. If the rules for a Promotion conflict with these Terms, the rules
governing the
Promotion will prevail.
5. Subscriptions / Membership / Payments
Some parts of the Service are subject to payments. Paid Services are usually
provided on
a recurring subscription or membership basis (“Subscription(s)”(Membership(s)),
but we
may also provide them on a fixed-term basis (“Fixed Term”). Fixed Term Services
are paid
against the invoice according to the payment terms agreed separately
(Advertistment(s))
and classified(s)). Unless otherwise agreed, Subscription and membership payment
terms
shall not apply to Fixed Term Services. If you are interested in Fixed Term
Services,
please contact us. Subscriptions are billed in advance on a recurring and
periodic basis
(“Billing Cycle”). The relevant Billing Cycle will be displayed to You at
check-out, on
Your quote or on Your invoice.
At the end of each Billing Cycle, Your Subscription will automatically renew
under the
exact same conditions unless You cancel it or ImmiYami cancels it. If Your
Subscription
is on an annual basis, we will let You know at least thirty (30) days in advance
of any
automatic renewal in order to give You the opportunity to cancel your
Subscription. You
may cancel Your Subscription renewal either through Your online account
management page
or by contacting our customer support team.
A valid payment method, including credit card, is required to process the payment
for
Your Subscription. You shall provide ImmiYami with accurate and complete billing
information including full name, address, state, zip code, telephone number, GST
number
(if applicable) and a valid payment method information. By submitting such
payment
information, You automatically authorise ImmiYami to charge all Subscription
fees
incurred through Your account to any such payment instruments.
Should automatic billing fail to occur for any reason, ImmiYami may (but does not
have an
obligation to) issue an electronic invoice indicating that You must proceed
manually,
within a certain deadline date, with the full payment corresponding to the
billing
period as indicated on the invoice.
We reserve the right to terminate Your Subscription in the event we are unable to
collect
a relevant payment from You (whether automatically or manually). Where that
happens, we
will inform You of the termination of Your Subscription via email.
6. Free Trial
We may, at our sole discretion, offer a Subscription with a free trial for a
limited
period of time (“Free Trial”).
You may be required to enter Your billing information in order to sign up for a
Free
Trial. If You do enter Your billing information when signing up for Free Trial,
You will
not be charged by ImmiYami until your Free Trial has expired. On the last day of
the
Free Membership/Subscription/ Fees period, unless You cancelled Your Membership
/
Subscription/Fees, You will be automatically charged the applicable Subscription
fees
for the type of Subscription You have selected.
7. Fee Changes
ImmiYami, in its sole discretion and at any time, may modify advertising and
classified
fees for the future payments. We will inform You of any change to Your
advertising fees
at least thirty (30) days in advance to give You an opportunity to renew your
contract
before such change becomes effective. Any Subscription fee change will become
effective
on the earlier of the expiry of that thirty (30)-day period, or at the end of
the
then-current Billing Cycle, whichever is earlier.
Your continued use of a Subscription after a Subscription fee change comes into
effect
constitutes Your agreement to pay the revised Subscription fee amount.
8. Refunds
If you make any Purchase on the Service as a Consumer/Member, you have the right
to
request a refund of the applicable Purchase price without providing a reason at
any time
within seven (07) days of the original date of purchase. As your Purchase can be
used by
you immediately, we reserve the right to only issue a pro-rated refund which
reflects
the amount of time you have enjoyed the Purchase before claiming a refund.
To request a refund (or partial refund), please contact us by using the contact
details
at the bottom of these Terms. We will issue any refund as soon as possible to
the
payment method used for the original Purchase.
Refunds do not apply to Business Customers (Sponsors).
9. Your Content
Our Service allows You to post, link, store, share and otherwise make available
certain
information, text, graphics, videos, or other material. (together, Your
“Content”).
You are responsible for Content that You post on through the Service, including
its
legality, reliability, and appropriateness.
By posting or creating Content on or through the Service, You represent and
warrant that:
(i) Content is Yours (You own it) and/or You have the right to use it and the
right to
grant us the rights and licence as provided in these Terms, and (ii) the posting
of Your
Content on or through the Service does not violate the privacy rights, publicity
rights,
copyrights, contract rights, intellectual property rights or any other rights of
any
person or entity. We reserve the right to terminate Your account in the event
You
infringe this provision.
You retain any and all of Your rights to any Content You submit, post, display or
create
on or through the Service and You are responsible for protecting those rights.
We take
no responsibility and assume no liability for Content You post or create on or
through
the Service.
ImmiYami has the right but not the obligation to monitor and edit all Content
submitted
by users on the Service.
By uploading through the Service, You grant ImmiYami a free of charge,
non-exclusive,
perpetual, transferable, royalty-free, irrevocable, worldwide licence to: (i)
deliver
the Service to You; and (ii) use the Content for internal research and
development
and/or to improve the Service. Where Content includes personal information about
private
individuals this will be further regulated by our Privacy Policy, DPA, or other
individual agreement.
You shall ensure that Your Content complies with, and assist ImmiYami to comply
with, the
requirements of all legislation and regulatory requirements in force from time
to time
relating to the use of personal data included in Your Content, including
(without
limitation) any data protection legislation from time to time in force in New
Zealand
including the Privacy Act 2020 and any successor legislation. You will collect
and
process the personal data of all individuals featured in the Content in
accordance with
all applicable laws, including by obtaining any appropriate consents or
approvals
sufficient for the provision of the Service by ImmiYami.
You are solely responsible for securing and backing up Your Content.
10. Prohibited Uses - Acceptable Use Policy
You agree that you will not misuse the Service, ImmiYami Content, or Your
Content. A
misuse constitutes any use, access, or interference with the Service, ImmiYami’s
Content, or Your Content contrary to these Terms, any other individual agreement
executed between You and ImmiYami, and applicable laws and regulations. You will
especially not, without limitation, use the Service, ImmiYami Content, or Your
Content:
1. In any way that violates any applicable national or international law
or
regulation.
2. For the purpose of exploiting, harming, or attempting to exploit or
harm
minors in any way by exposing them to inappropriate content or
otherwise.
3. For the purpose of adult entertainment and/or other incriminating
content.
11. Confidential Information
“Confidential Information” means the specific terms and conditions of the
Agreements and
any non-public technical or business information of a party, including without
limitation any information relating to a party’s techniques, algorithms,
know-how,
current and future products and services, research, engineering, designs,
financial
information, procurement requirements, manufacturing, customer lists, business
forecasts, marketing plans and any other information which is disclosed to the
other
party in any form and (i) which is marked or identified as confidential or
proprietary
at the time of disclosure, or (ii) that the receiving party knows or should
reasonably
know to be the confidential or proprietary information of the disclosing party
given the
nature of such information and the circumstances of its disclosure.
Both ImmiYami and Business Customer will only use the other’s Confidential
Information as
necessary to perform under the Agreements, and must not use or disclose, either
during
or after the termination of its relationship, such information. Both
ImmiYami and
Business Customer (Sponsers) will only disclose the other party’s Confidential
Information to persons or entities who need to know the information to perform
under the
Agreements. These obligations will remain in full force and effect in
perpetuity.
Nothing in the Agreements shall prohibit either ImmiYami or Business Customer
(Sponsor)
from disclosing Confidential Information of the other party if legally required
to do so
by judicial or governmental order (“Required Disclosure”); provided that the
disclosing
party shall: (i) give the other party prompt written notice of such Required
Disclosure
prior to disclosure; (ii) cooperate with the other party in the event the party
elects
to oppose such disclosure or seek a protective order with respect thereto,
and/or (iii)
only disclose the portion of Confidential Information specifically requested by
the
Required Disclosure.
12. Analytics
We may use third-party service providers to monitor and analyse the use of our
Service.
For additional information on how such third-party service providers may access
Your
personal data, please refer to our Privacy Policy at https://www.immiyami.com/terms/privacy-policy.
13. No Use By Minors
The Service is intended only for access and use by individuals at least sixteen
(16)
years old.
By accessing or using the Service, You warrant and represent that You are at
least
sixteen (16) years of age and with the full authority, right, and capacity to
enter into
this agreement and abide by all of the terms and conditions of these
Terms.
If You are not at least sixteen (16) years old, You are prohibited from both the
access
and usage of the Service and should immediately stop using the Service.
14. Accounts
When You create an account with us, You guarantee that the information You
provide us is
accurate, complete, and current at all times. Inaccurate, incomplete, or
obsolete
information may result in the immediate termination of Your account on the
Service.
You are responsible for maintaining the confidentiality of Your account and
password,
including but not limited to the restriction of access to Your device and/or
account.
You agree to accept responsibility for any and all activities or actions that
occur
under Your account and/or password, whether Your password is with our Service or
a
third-party service. You must notify us immediately upon becoming aware of any
breach of
security or unauthorised use of Your account.
You may not use as a username the name of another person or entity or that is not
lawfully available for use, or a name or trademark that is subject to any rights
of
another person or entity other than You, without appropriate authorisation. You
may not
use as a username any name that is offensive, vulgar or obscene.
15. Customer Reference
You agree (i) that ImmiYami may identify You as a recipient of Service and use
Your name
and logo in sales presentations and on the ImmiYami website, and with prior
approval in
marketing materials and press releases, and (ii) with prior approval to develop
a brief
customer profile for promotional purposes on any websites owned and/or
controlled by
ImmiYami.
16. Intellectual Property
The Service and its original content (excluding any Content provided by You or
other
users), features and functionality are and will remain the exclusive property of
Duchy
Global Limited (ImmiYami.com)and its licensors.
The Service is protected by copyright, trademark, and other laws of foreign
countries.
Our trademarks and trade dress may not be used in connection with any product or
service
without our prior written consent.
17. No Reverse Engineering
You agree that You will not, at any time, reverse engineer (or attempt to reverse
engineer) any part of the Service or content therein, nor will You permit any
third-party to do so.
18. Error Reporting and Feedback
You may provide us directly at [email protected] with information and feedback
concerning errors, suggestions for improvements, ideas, problems, complaints,
and other
matters related to our Service (“Feedback”).
You acknowledge and agree that: (i) You shall not retain, acquire or assert any
intellectual property rights or other rights, title or interest in or to the
Feedback;
(ii) we may use the Feedback to improve the Service or any other technology;
(iii) we
may have development ideas similar to the Feedback; (iv) the Feedback does not
contain
confidential information or proprietary information from You or any third-party;
and (v)
we are not under any obligation of confidentiality with respect to the
Feedback.
You hereby grant ImmiYami and its affiliates an exclusive, transferable,
irrevocable,
free-of-charge, royalty-free, sub-licensable, unlimited and perpetual right to
use
(including copy, modify, create derivative works, publish, distribute and
commercialise)
the Feedback in any manner and for any purpose.
19. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not
owned or
controlled by ImmiYami.
ImmiYami has no control over, and assumes no responsibility for, the content,
privacy
policies or practices of any third-party web sites or services. We do not
warrant the
offerings of any of these entities/individuals or their web sites.
You acknowledge and agree that ImmiYami 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 third-party web sites or services.
We strongly advise You to read the terms of service and privacy policies of any
third-party web sites or services that You visit.
20. Disclaimer Of Warranty
OUR SERVICE AND ANY CONTENT THEREIN ARE PROVIDED BY IMMIYAMI ON AN “AS IS” AND
“AS
AVAILABLE” BASIS. IMMIYAMI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SERVICE AND THE INFORMATION, CONTENT OR
MATERIALS
INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ANY
CONTENT
THEREIN IS AT YOUR SOLE RISK.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IMMIYAMI MAKES NO WARRANTY OR
REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, IMMIYAMI DOES NOT
REPRESENT
THAT THE SERVICE, ANY CONTENT THEREIN OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE
SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS
WILL BE
CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES
OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS
OBTAINED
THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER
APPLICABLE LAW. IN PARTICULAR, IF YOU ARE A CONSUMER AND HAVE YOUR HABITUAL
RESIDENCE IN
THE UK OR THE EUROPEAN ECONOMIC AREA, APPLICABLE CONSUMER LAWS MAY NOT ALLOW
SOME OF THE
EXCLUSIONS AND LIMITATIONS SET OUT ABOVE, SO SOME OR ALL OF THE ABOVE EXCLUSIONS
AND
LIMITATIONS MAY NOT APPLY TO YOU.
21. Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL DEFEND, INDEMNIFY AND HOLD
HARMLESS
IMMIYAMI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY
AND ALL
LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING LEGAL FEES), CLAIMS, COMPLAINTS,
DEMANDS,
ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES ARISING FROM, CONNECTED
WITH OR
RELATING TO YOUR USE OF THE SERVICE OR BREACH OF THESE TERMS. NOTWITHSTANDING
THE
FOREGOING, IMMIYAMI RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENCE OF AND
SETTLEMENT
NEGOTIATIONS RELATING TO ANY THIRD-PARTY CLAIM, COMPLAINT, DEMAND, ACTION, SUIT
OR
PROCEEDING WITH COUNSEL OF OUR OWN SELECTION AT OUR SOLE COST AND EXPENSE.
IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL IMMIYAMI BE LIABLE TO YOU FOR LOSS OF
PROFITS, SALES, BUSINESS, OR REVENUE, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED
SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR REPUTATION, OR ANY
DESAPOINTMENTS REGADING THE GOALS NOT ACHIEVING OR ANY INDIRECT OR CONSEQUENTIAL
DAMAGE
RESULTING FROM YOUR USE OF THE SERVICE OR ANY CONTENT THEREIN.
22. Termination
We may terminate or suspend Your account and/or prevent Your access to the
Service
immediately, without prior notice in the event You are in breach of these Terms.
You are free to stop using the Service at any time. If You wish to terminate your
account, please contact us. Termination of Your account will take effect at the
end of
the then current Billing Cycle and will not give rise to any refund of Your
Purchase,
unless as described under “8. Refund”.
All provisions of these Terms which by their nature should survive termination
shall
survive termination, including, without limitation, ownership provisions,
warranty
disclaimers, indemnity and limitations of liability.
23. Governing Law
The Agreements and any dispute or claim (including non-contractual disputes or
claims)
arising out of or in connection with it or its subject matter or formation are
governed
by New Zealand Law. The New Zealand Courts will have exclusive jurisdiction to
deal with
any dispute (including any non-contractual claim or dispute) which has arisen or
may
arise out of, or in connection with, the Agreements.
If you are a Consumer and have your habitual residence in New Zealand you
may
benefit from additional rights and protection afforded to you by mandatory
provisions of
the laws of your country of residence, and nothing in these Terms shall affect
the
enforceability of these additional rights and protection.
24. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or
material we
provide via the Service, in our sole discretion without notice. We will not be
liable if
for any reason all or any part of the Service is unavailable at any time or for
any
period. From time to time, we may restrict access to some parts of Service, or
the
entire Service, to users, including registered users.
25. Amendments To Terms
We may amend these Terms at any time by posting the amended Terms on this site.
It is
Your responsibility to review these Terms periodically. These terms become
effective
immediately upon posting, unless You have an active Subscription in which case
the
revised Terms will become effective thirty (30) days after posting. If any
revision to
these Terms has a material impact on Your rights or obligations, we may notify
You of
such revision using Your registered e-mail address.
By continuing to access or use our Service after any revisions become effective,
You
agree to be bound by the revised Terms. If You do not agree to the revised
Terms, You
are no longer authorised to use Service.
26. Waiver
No waiver by ImmiYami of any term or condition set forth in these Terms shall be
deemed a
further or continuing waiver of such term or condition or a waiver of any other
term or
condition, and any failure of ImmiYami to assert a right or provision under
these Terms
shall not constitute a waiver of such right or provision.
27. Severability
If any provision of these Terms is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such
provision
shall be eliminated or limited to the minimum extent such that the remaining
provisions
of these Terms will continue in full force and effect.
28. Assignment
We may transfer our rights and obligations under these Terms to another
organisation. We
will always tell You in writing if this happens and we will ensure that the
transfer
will not affect Your rights.
You may not transfer any of Your rights and obligations under these Terms to any
other
person without our prior express written consent.
29. Acknowledgement
IMMIYAMI.COM IS NOT ACTING AS AN IMMIGRATION AGENT/LAWYER/ADVICER. IMMIYAMI IS A
COMMAN
PLATFORM WHERE IMMGRATION SEEKERS AND IMMIGRATION SERVICE PROVIDERS MEET EACH
OTHER.
BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US,
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
30. Contact Us
The Service is operated by Duchy Global Limited. Our registered address is 15C,
Manning
Street, Hamilton Central, Hamilton, New Zealand, 3204.
Please send Your feedback, comments, requests for technical support by email at:
[email protected].