These Terms and Conditions ("Agreement") govern your access to and use of the Visa Tracker Pro mobile application, the website at app.positivemigration.com, and any related services (together, the "Service"). The Service is provided by Positive Thinkers Pty Ltd (ABN 90 668 517 119), trading as Positive Education and Migration ("we", "us", "our" or "Licensor"). By creating an account or using the Service, you ("you", "Customer") agree to this Agreement.
Positive Education and Migration retains exclusive title to all software, source code, designs, trademarks, copyrights, patents and other proprietary rights in and to the Service. Except for the limited licence granted in Section 3, no rights are transferred to you. You must not remove, obscure or alter any proprietary notices, watermarks, branding or attribution that appear in the Service.
The Service displays publicly available information sourced from the Department of Home Affairs, SkillSelect, OMARA, state and territory nomination websites and other public bodies. Such data is reproduced for informational purposes only; the underlying sources retain ownership of their content. We make reasonable efforts to keep this information current but make no warranty as to its accuracy or completeness.
The Service includes open-source components made available under their own licences (for example, React Native, ML Kit and TanStack Query). Where an open-source licence applies to a component, that licence prevails over this Agreement to the extent of any inconsistency. Source code for those components is available from the upstream project or upon written request.
Subject to your compliance with this Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Service on devices you own or control, solely for your personal, non-commercial use. The licence does not permit use as a service bureau, distribution to third parties, or any form of commercial exploitation.
The Service is offered on a freemium basis. Some advanced features may require a paid subscription. Where subscription plans are offered:
Core features (account creation, profile setup, points calculator, EOI ranking, document tracking) are available without payment. We may change which features are included in the free tier on prospective notice.
Nothing in this section excludes or limits any guarantee, warranty or right that cannot be excluded under the Australian Consumer Law.
You must not, and must not permit any third party to:
You must not delete, remove or alter our trademarks, logos or other identifying marks, nor use them in any manner that suggests endorsement or affiliation without our prior written consent.
You must use the Service only in compliance with all applicable laws, including export controls, sanctions, privacy laws and the laws of any jurisdiction where you access the Service.
You agree to provide truthful, complete and current information when creating your account or completing your migration profile. The points and ranking outputs of the Service are only as accurate as the inputs you provide.
Support Services are provided as set out in Section 13 (Support Services Schedule).
We retain account and transaction records for at least seven (7) years after the closure of your account, in accordance with applicable record-keeping obligations. Profile data tied to a deleted account is removed within 30 days as set out in our Privacy Policy.
We reserve the right to review account activity for compliance with this Agreement. If a review reveals material breach (for example, automated scraping, account sharing or fraudulent payment activity) we may suspend or terminate the account and recover the costs of the investigation.
We warrant that we will use reasonable skill and care in providing the Service and will address material defects you report. This warranty does not extend to third-party open-source components, third-party services or any modifications or use of the Service contrary to this Agreement.
Personal information is handled in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
The limited warranty does not apply to defects caused by accident, misuse, abuse, unauthorised modification, integration with non-supported hardware or software, or your failure to comply with this Agreement.
To the maximum extent permitted by law, and except for the limited warranty above, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of public-data feeds, or that the Service will be uninterrupted, error-free or fail-safe.
To the maximum extent permitted by law, our aggregate liability to you arising out of or in connection with this Agreement is limited to the total amount you have paid us for the Service in the twelve (12) months preceding the event giving rise to the claim, or AUD $100, whichever is greater.
We are not liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including without limitation loss of profits, loss of data, loss of goodwill, business interruption, or denial of a visa, even if advised of the possibility of such damages.
Nothing in this Agreement excludes or limits liability that cannot be excluded under the Australian Consumer Law.
Each party will protect the confidential information of the other with the same degree of care it uses to protect its own confidential information, and not less than a reasonable standard of care. Confidential information may be disclosed only to employees, contractors and advisors with a need to know who are bound by equivalent obligations of confidentiality.
We may collect and use de-identified, aggregated technical and usage data to operate, secure, improve and develop the Service. Such use will not include any personal information capable of identifying you.
Each party acknowledges that breach of confidentiality or intellectual property obligations may cause irreparable harm for which monetary damages are inadequate, and consents to the seeking of injunctive relief in addition to other remedies.
We may deliver notices to you by email, in-app message, or by posting on the Service. Your continued use of the Service after a notice is given constitutes acceptance of the notice. You may give notice to us at support@positivemigration.com.
This Agreement commences when you first access the Service and continues until terminated in accordance with this Section.
You may terminate this Agreement at any time by deleting your account from within the app (Profile → Delete account). Account deletion may require email-based confirmation. On deletion, your account record, profile, document metadata and saved checklists are scheduled for permanent removal within 30 days.
We may suspend or terminate your access immediately, with or without notice, if you breach this Agreement, if continued provision of the Service would expose us to legal liability, or where required by law. We may also discontinue the Service in whole or in part on reasonable prior notice.
On termination, the licence in Section 3 ends and you must cease all use of the Service. Unused subscription fees are not refundable except as required by Australian Consumer Law. Sections that by their nature are intended to survive termination (including Sections 2, 5, 7, 8, 9, 11 and 12) will survive.
You agree to indemnify and hold harmless Positive Education and Migration, its Affiliates and personnel from and against any claim, loss, liability, damage or expense (including reasonable legal costs) arising out of or related to:
We will indemnify you against any third-party claim that the Service, when used in accordance with this Agreement, infringes Australian intellectual property rights, except where the claim arises from your modifications, your combination of the Service with non-supported products, or your use of a superseded version after we have made an update available.
You may not assign this Agreement without our prior written consent. We may assign this Agreement to an Affiliate or in connection with a merger, acquisition or sale of substantially all our assets.
Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including network or hosting outages, natural disasters, pandemics, acts of government, civil unrest or industrial action. If such an event continues for more than 90 days, either party may terminate this Agreement on written notice without further liability.
Fees are stated exclusive of GST and other applicable taxes unless expressly stated otherwise. You are responsible for taxes other than those based on our net income.
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior agreements and understandings. We may update this Agreement from time to time; the "Last updated" date indicates when changes took effect.
If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remainder will continue in full force.
Failure or delay by either party to enforce a right under this Agreement is not a waiver of that right.
This Agreement is governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship.
If either party brings legal action to enforce this Agreement, the prevailing party is entitled to recover reasonable costs and legal fees, to the extent permitted by law.
Support hours: Monday to Friday, 9:00am – 6:00pm AEST, excluding Australian public holidays.
Support does not cover issues caused by your hardware, network or operating system, third-party applications, modifications, or use of the Service outside the scope of this Agreement.
We release updates and maintenance patches when they become generally available. We aim to give at least 2 hours' notice before scheduled maintenance, although emergency maintenance may proceed without notice.
Positive Thinkers Pty Ltd (ABN 90 668 517 119), trading as Positive Education and Migration, is bound by the Migration Agents Code of Conduct administered by the Office of the Migration Agents Registration Authority (OMARA). Visa Tracker Pro is an information and self-help tool only and does not constitute migration advice.