Terms of Service

Last Updated: December 2024 These Terms of Service (“Terms”) govern your access to and use of the AdviserAide platform and services provided by Adviseraide Limited (“AdviserAide”, “we”, “us”, or “our”), a company incorporated in New Zealand. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

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1. Acceptance of Terms

By creating an account, accessing our platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Data Security policies. These Terms constitute a legally binding agreement between you (either an individual or the entity you represent) and AdviserAide Limited.

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2. Description of Service

AdviserAide is a cloud-based Software-as-a-Service (SaaS) platform designed specifically for immigration advisers and professionals. Our platform provides tools and features to help you manage your immigration practice, including: Core Features:

• Case Management - Track and manage visa applications and immigration cases for your clients
• Client Management - Maintain comprehensive client records and profiles
• Document Management - Store, organize, and manage client documents and files securely
• Invoicing & Billing - Create and send invoices, track payments, and manage billing
• Contracts & Forms - Generate client agreements and prepare immigration forms
• Task Management - Organize and track work items and deadlines
• Custom Fields - Customize data fields to match your specific workflow
• Multi-user Collaboration - Work with team members with role-based permissions
• Client Portal - Provide clients with secure access to their information
• Employer Management - Manage employer-sponsored cases and relationships

Service Delivery: AdviserAide is provided on a subscription basis. We continuously update and improve our platform, and the specific features available may vary based on your subscription plan.

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3. Eligibility and Account Registration

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Eligibility

To use AdviserAide, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Be an immigration adviser, immigration lawyer, or related professional, or be authorized to use the service on behalf of such a practice
• Comply with all applicable laws and regulations governing immigration advisory services in your jurisdiction

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Account Registration

To access our services, you must create an account by providing:

• Accurate and complete registration information
• A valid email address
• A secure password
• Your organization or practice name
• Billing information (for paid plans)

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Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using strong, unique passwords and updating them regularly

You must not:

• Share your login credentials with unauthorized persons
• Allow others to access your account without proper authorization
• Use another person’s account without permission

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4. User Responsibilities and Acceptable Use

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Your Responsibilities

As a user of AdviserAide, you are responsible for: Professional Compliance:

• Ensuring your use of our platform complies with all applicable laws, regulations, and professional standards governing immigration advisory services in your jurisdiction
• Maintaining any required professional licenses, registrations, or certifications
• Obtaining any necessary consents from your clients for storing and processing their information
• Using the platform in accordance with professional ethics and standards

Data Accuracy:

• Ensuring the accuracy and completeness of all information you enter into our platform
• Keeping client information up to date
• Verifying information before submitting it to immigration authorities or using it for official purposes

Appropriate Use:

• Using our services only for their intended purpose of managing immigration advisory services
• Respecting the rights and privacy of your clients and third parties
• Not using our platform to store or transmit unlawful or inappropriate content

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Prohibited Activities

You must not: Illegal or Harmful Activities:

• Use our services for any illegal purpose or in violation of any laws
• Engage in fraudulent activities or misrepresentation
• Store, transmit, or distribute content that is unlawful, defamatory, harassing, threatening, or obscene
• Violate the rights of others, including intellectual property rights or privacy rights

Security and System Integrity:

• Attempt to gain unauthorized access to our systems, servers, or networks
• Introduce viruses, malware, or any malicious code
• Attempt to probe, scan, or test the vulnerability of our systems
• Bypass or circumvent any security measures or access controls
• Use automated systems (bots, scrapers) to access our services without authorization
• Reverse engineer, decompile, or disassemble any part of our platform

Service Abuse:

• Use our services in any way that could damage, disable, overburden, or impair our servers or networks
• Interfere with any other user’s access to or use of our services
• Resell, sublicense, or otherwise commercialize our services without authorization
• Use our platform to send spam or unsolicited communications
• Create multiple accounts to abuse free trials or evade suspension

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5. Subscription and Payment Terms

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Subscription Plans

AdviserAide operates on a subscription model. We offer various subscription plans with different features and pricing. Current plans and pricing are available on our website.

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Billing and Payment

Subscription Fees:

• Subscription fees are charged in advance on a recurring basis (monthly or annually, depending on your chosen plan)
• All fees are in the currency specified at the time of purchase (typically NZD, AUD, or USD)
• Payment is due at the beginning of each billing period
• We accept payment via credit card or other payment methods as indicated during signup

Automatic Renewal:

• Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date
• You authorize us to charge your payment method on file for renewal fees
• We will notify you in advance of any price changes to your subscription

Failed Payments:

• If a payment fails, we will attempt to process it again
• If payment cannot be processed after multiple attempts, your account may be suspended or downgraded to a free plan (if available)
• You remain responsible for any unpaid fees

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Free Trials

We may offer free trials for new customers:

• Free trials are available only once per customer
• No payment method may be required to start a trial, but will be required before the trial ends to continue service
• If you do not cancel before the trial ends and provide payment information, you will be charged for the subscription
• We reserve the right to modify or cancel free trial offers at any time

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Refunds and Cancellations

Cancellation:

• You may cancel your subscription at any time through your account settings or by contacting support
• Cancellations take effect at the end of your current billing period
• You will retain access to your account until the end of the paid period
• We do not provide refunds for partial months or unused portions of your subscription

Refunds:

• Refunds are generally not provided for subscription fees
• In exceptional circumstances, we may provide a refund at our sole discretion
• To request a refund, contact support@adviseraide.com with details of your situation

Data Export After Cancellation:

• Upon cancellation, you should export all data you wish to retain
• We will retain your data for 6 months after cancellation in case you reactivate your account
• After 6 months, your data will be permanently deleted as outlined in our Privacy Policy

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Price Changes

We reserve the right to change our subscription prices at any time. For existing customers:

• We will provide at least 30 days’ advance notice of any price increase
• The new pricing will apply from your next renewal date
• If you do not agree to the price change, you may cancel your subscription before the renewal date

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6. Intellectual Property Rights

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AdviserAide’s Intellectual Property

All aspects of the AdviserAide platform, including but not limited to:

• Software, code, and technology
• Website design, layout, and graphics
• Logos, trademarks, and brand elements
• Documentation and help materials
• Features, functionality, and user interface

are owned by AdviserAide Limited or our licensors and are protected by copyright, trademark, and other intellectual property laws. Your License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business purposes in accordance with these Terms. This license does not grant you any rights to:

• Modify, copy, or create derivative works of our platform
• Sell, resell, or commercialize any part of our services
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks or branding without written permission

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Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas about our platform:

• You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into our services
• We are under no obligation to implement any feedback
• You will not be entitled to any compensation or attribution for feedback we use

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7. Data and Content Ownership

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Your Data

You Own Your Data: All data, documents, client records, and content that you upload, create, or store in AdviserAide (“Your Data”) remain your property. We do not claim any ownership rights to Your Data. License to Us: By using our services, you grant AdviserAide a limited license to host, store, process, and transmit Your Data solely for the purpose of providing our services to you. This license terminates when you delete Your Data or terminate your account. Your Responsibilities: You represent and warrant that:

• You own or have the necessary rights and permissions to upload and store Your Data on our platform
• Your Data does not infringe on the intellectual property rights or other rights of any third party
• You have obtained any necessary consents from your clients for storing and processing their information on our platform
• Your Data complies with all applicable laws and regulations

Data Security: We implement industry-standard security measures to protect Your Data, including daily encrypted backups, geographic redundancy, and disaster recovery procedures. For details, see our Data Security page. However, you acknowledge that:

• No system is completely secure, and internet-based services carry inherent risks
• You should use appropriate security measures on your end (strong passwords, secure devices, etc.)
• You are responsible for ensuring your account credentials are kept secure and not shared with unauthorized persons

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Data Processing

AdviserAide acts as a data processor for Your Data. You are the data controller and are responsible for:

• Determining what data to collect and store
• Ensuring compliance with privacy laws and regulations
• Obtaining necessary consents from individuals whose data you process
• Responding to data subject requests (access, deletion, etc.) in accordance with applicable privacy laws

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8. Service Availability and Support

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Service Availability

We strive to provide reliable, uninterrupted access to our services. However: No Guarantee of Uptime:

• We do not guarantee that our services will be available 100% of the time
• Services may be unavailable due to maintenance, updates, or circumstances beyond our control
• We reserve the right to modify, suspend, or discontinue any feature or aspect of our services at any time

Maintenance and Updates:

• We may perform scheduled maintenance with advance notice when possible
• Emergency maintenance may be performed without notice
• Updates and improvements to our platform may be deployed regularly

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Support

We provide customer support to help you use our platform effectively: Support Channels:

• Email support at support@adviseraide.com
• Help documentation and resources available on our website

Support Availability:

• We aim to respond to support inquiries within 1 business days
• Support hours are during normal business hours (New Zealand time)
• Response times may vary based on the complexity of your inquiry

Scope of Support: Our support covers:

• Technical issues with our platform
• Questions about using features and functionality
• Account and billing inquiries

Our support does not include:

• Immigration law advice or consultation
• Preparation or review of immigration applications
• Training on immigration procedures or requirements
• Custom development or integrations (unless specifically agreed)

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9. Limitations of Liability

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What You Should Know About Our Service

We work hard to provide you with a reliable, secure platform, but like all software services, we need to be clear about what we can and cannot guarantee: Our Commitment: We’re committed to maintaining a high-quality platform and continuously improving our services. We implement robust security measures and strive for excellent uptime and reliability. Important Legal Disclaimer: However, to the extent required by law, AdviserAide is provided “as is” and “as available.” This means:

• We cannot guarantee 100% uptime or that the service will always be error-free (though we work hard to minimize issues)
• Technology can have occasional bugs or interruptions, and we’ll work to fix them as quickly as possible
• You are responsible for how you use the platform and the accuracy of the information you input
• While we strive for security, no internet-based service can be completely immune to all security risks

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Professional Advice Disclaimer

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Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: Our Liability is Limited: AdviserAide’s total liability to you for all claims arising from or related to these Terms or your use of our services shall not exceed the amount you paid to us in the 12 months preceding the event giving rise to the claim. Exclusion of Damages: We will not be liable for:

• Indirect, incidental, consequential, special, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Loss of or damage to client relationships
• Errors or omissions in immigration applications or advice you provide
• Denial or delay of visa applications
• Immigration penalties or consequences arising from your use of our platform
• Any damages resulting from your reliance on information in our system

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10. Indemnification

You agree to indemnify, defend, and hold harmless AdviserAide, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use or misuse of our services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your violation of any applicable laws or regulations
• The content or data you upload or store on our platform
• Your provision of immigration advisory services to your clients
• Any negligence or misconduct by you or your authorized users

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

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11. Termination

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Termination by You

You may terminate your account at any time by:

• Canceling your subscription through your account settings
• Contacting our support team at support@adviseraide.com
• Ceasing to use our services

Upon termination:

• You will no longer have access to your account at the end of your billing period
• You should export any data you wish to retain before termination
• We will retain your data for 6 months, after which it will be permanently deleted

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Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You breach these Terms or any other policies
• Your account is inactive for an extended period
• You engage in fraudulent, illegal, or harmful activities
• Your payment method fails and you do not provide an alternative
• We are required to do so by law or legal process
• Continued provision of services would create a security or legal risk

Effect of Termination: Upon termination by us:

• Your access to our services will be immediately revoked
• We will make reasonable efforts to allow you to export your data (unless prohibited by law or if termination was for cause)
• You remain responsible for any unpaid fees incurred before termination
• Sections of these Terms that should reasonably survive termination will continue to apply (including intellectual property, liability limitations, and dispute resolution)

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12. Modifications to Service and Terms

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Changes to Our Services

We reserve the right to:

• Add, modify, or remove features from our platform
• Update the user interface or user experience
• Change technical requirements or compatibility
• Discontinue the service entirely (with reasonable notice)

We will make reasonable efforts to notify you of significant changes that affect your use of our services.

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Changes to These Terms

We may update these Terms from time to time. When we make changes:

• We will update the “Last Updated” date at the top of this page
• For material changes, we will provide notice via email or a prominent notice in our platform
• Continued use of our services after changes take effect constitutes acceptance of the updated Terms

If you do not agree to the updated Terms, you must stop using our services and may cancel your account.

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13. Dispute Resolution and Governing Law

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Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

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Jurisdiction

Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of New Zealand.

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Dispute Resolution Process

Before initiating any legal proceedings, you agree to:

1. Contact us at support@adviseraide.com to describe the issue
2. Work with us in good faith to resolve the dispute informally
3. Allow at least 30 days for us to attempt to resolve the issue

If we cannot resolve the dispute informally, either party may proceed with formal legal action.

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Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as a plaintiff or class action, consolidated action, or representative action.

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14. General Provisions

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Entire Agreement

These Terms, together with our Privacy Policy and Data Security policies, constitute the entire agreement between you and AdviserAide regarding your use of our services and supersede any prior agreements.

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Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

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Waiver

Our failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or our right to enforce it in the future.

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Assignment

You may not assign or transfer these Terms or your account to any third party without our prior written consent. We may assign these Terms to any successor or affiliate without your consent.

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Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including:

• Acts of God (natural disasters, pandemics, etc.)
• War, terrorism, or civil unrest
• Government actions or regulations
• Labor disputes or strikes
• Failures of third-party services or infrastructure
• Internet or telecommunications failures

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Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and AdviserAide. You are an independent party using our services.

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Third-Party Services

Our platform may integrate with or link to third-party services or websites. We are not responsible for:

• The content, accuracy, or practices of third-party services
• Your use of third-party services
• Any transactions between you and third parties

Your use of third-party services is governed by their terms and policies.

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Export Compliance

You agree to comply with all applicable export and import control laws and regulations. You may not use our services if you are located in a country subject to trade restrictions or sanctions.

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Notices

We may provide notices to you:

• Via email to the address associated with your account
• By posting notices on our website or in our platform
• Through in-app notifications

You agree that electronic communications satisfy any legal requirement that communications be in writing. To provide notice to us, contact: support@adviseraide.com

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15. Contact Information

If you have any questions about these Terms of Service, please contact us: Adviseraide Limited
Email: support@adviseraide.com For privacy-related inquiries, see our Privacy Policy.
For security-related inquiries, see our Data Security page.

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