Disclaimer of Warranty and Limitation of Liability
To the maximum extent permitted by law, VFS expressly disclaims all conditions and warranties, express or implied, in connection with your application and/or the Services other than any conditions or warranties expressly stated in these Terms. Where the law precludes such exclusion and implies certain terms, conditions and/or warranties into this agreement ("Implied Terms"), the liability of VFS for a breach of such Implied Term shall be limited, at the option of VFS, to any one or more of the following:
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the re-supply of the relevant services; or |
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the cost of the re-supply of the relevant services; |
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Any amount paid by you to VFS in respect of the relevant services. |
You agree that in no circumstances whatsoever will VFS be liable to you or anyone claiming though you for any indirect, incidental, special and/or consequential losses or damages of whatever nature, or for loss or profits, loss of opportunity, loss of business or goodwill or interruption of business arising out of or in connection with your application and/or any of the Services, however arising or where so ever situated, whether or not relating to any act, error, omission or negligence by VFS or any officer, agent, related entity, subsidiary, joint venture partner, employee, representative, contractor or sub-contractor of VFS.
You further agree that VFS will not be liable to you or anyone claiming through you for any loss or damage whatsoever to the extent that it is caused by you, results from your failure to take reasonable steps to avoid or minimize your loss, or is caused by VFS failing to comply with its obligations due to events outside its reasonable control (such as a failure of equipment that is not owned or operated by VFS, an industrial strike, a natural disaster or an act of God).
Indemnity
You agree to indemnify and hold VFS, its officers, agents, related entities, subsidiaries, joint venture partners, employees, representatives, contractors and sub-contractors harmless from any claim, loss, damage, proceeding or other action (including, without limitation, reasonable legal fees), made by any third party due to, or arising out of, a breach of these Terms by you, or a violation by you of any law of any country or of the rights of a third party.
Prices and Payments
unless expressly stated to the contrary:
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all fees, charges or other amounts payable by you to VFS are quoted in Australian Dollars ("AUD") and are inclusive of any applicable goods and services tax ("GST"); |
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any payments which are received in a currency other than AUD will not be accepted; and |
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All fees, charges or other amounts quoted on this website are subject to change without notice. You should confirm the fee, charge or other amount before submitting your application. |
Notices
unless expressly stated otherwise, any notices in connection with your application and/or the Services must be given by registered post (or if posted to or from a place outside Australia, by registered airmail) and addressed as follows:
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if the notice is to VFS: VFS Services Australia Pty Ltd, Level 1, 64 Clarence Street, Sydney 2000 Australia; and |
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If the notice is to you: the email address and/or physical address provided by you to VFS during the online registration process or at the time your application is lodged with VFS.
A letter or email is taken to be received: |
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in the case of a posted letter, on the third (seventh, if posted to or from a place outside Australia) day after posting; and |
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In the case of an email, 24 hours after the email was sent. |
Severability
If any part of these Terms is held invalid, illegal or unenforceable, that part shall be severed and the remainder will continue to be valid and enforceable.
Waiver
The failure, delay, relaxation or indulgence on the part of VFS in exercising any power, right or remedy conferred upon VFS by these Terms shall not operate as a waiver of that power, right or remedy, nor shall the exercise or any single or partial exercise of any power, right or remedy preclude any other or further exercise of such power, right or remedy or the exercise of any other power, right or remedy in these terms.
Any waiver of a breach of these Terms must be in writing signed by VFS granting the waiver and shall be effective only to the extent specifically set out in that written waiver.
Governing Law and Submission to Jurisdiction
These Terms are governed by and construed and enforced in accordance with the laws in force from time to time in the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and their respective courts of appeal ("Courts of Victoria"). You waive any right which you may have had to object to an action being brought in the Courts of Victoria including, but not limited to, claiming that the action has been brought in an inconvenient forum or that the Courts of Victoria do not have jurisdiction.
Reservation of Rights
any rights not expressly granted to you herein are reserved by VFS.
Interpretation
In these Terms, unless the context otherwise requires:
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words denoting the singular include the plural and vice versa; |
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words denoting a natural person include a company, corporation, corporate body, government agency or authority or crown instrumentality and vice versa; |
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headings are for convenience only and shall not affect interpretation of these Terms; |
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a reference to a party includes its successors and permitted assigns; |
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Any term is not to be construed against VFS because it prepared that term. |