Mobile App Terms and Conditions

1. About the Application

(a) Welcome to OzPath (Application). The Application provides international students with:

• User account management and authentication systems;
• Personalised checklist;
• Interactive cost calculator;
• Translation services;
• Educational blog content;
• Customisable notifications;
• AI-powered chatbot assistance.

(b) The Application is operated by OZPATH PTY LTD (ACN 691355209). Access to and use of the Application, or any of its associated Products or Services, is provided by OZPATH PTY LTD. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of Services, immediately.

(c) OZPATH PTY LTD reserves the right to review and change these Terms at its sole discretion. Changes to the Terms will be handled as follows:

(i) For material changes that affect user rights or obligations (such as privacy, payment, or data handling):

• Users will be notified via email at least 30 days before the changes take effect;
• The updated Terms will be available for review within the Application;
• Continued use of the Application after the 30-day notice period constitutes acceptance of the modified Terms;

(ii) For changes related to new features, improvements, or minor updates:

• If you do not agree with the modified Terms, you must cease using the Application and may delete your account through the Application settings;
• For minor changes that do not materially affect user rights, OZPATH PTY LTD may update the Terms with immediate effect and will notify users via email;
• The updated Terms will be available for review within the Application;
• Continued use of the Application after the 30-day notice period constitutes acceptance of the modified Terms.

(d) Government Non-Affiliation

• OZPATH PTY LTD is not affiliated with, endorsed by, or connected to the Department of Home Affairs or any Australian government department or agency;
• The Application is an independent service providing information tools only;
• All official immigration matters must be conducted through appropriate government channels.

(e) Important Disclaimers:

• The Application and its content do not constitute immigration advice under any circumstances. The information provided is for general guidance only. For official immigration advice, you must consult a registered migration agent or immigration lawyer;
• Use of the Application does not guarantee any positive visa outcome;

Regarding AI-powered features and chatbot:

• Information may be incomplete, incorrect, or outdated;
• Responses are generated automatically and not reviewed by immigration professionals;
• Users must verify all information through official government channels;
• The chatbot should not be used for making critical immigration decisions.

Translation services:

• Price estimates are indicative only;
• Turnaround times (2-5 business days) are estimates only;
• NAATI certification status must be verified independently;
• Users are responsible for verifying translation acceptability.

2. Acceptance of the Terms

(a) You accept the Terms by remaining on the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by OZPATH PTY LTD in the user interface.

3. Registration to use the Services

(a) In order to access the Services, you must first register for an account through the Application (Account).

(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

• Email address;
• Password;
• Visa stream selection;
• Preliminary questionnaire responses.

(c) Data Storage and Processing

The Application stores and processes the following data:

• User authentication information (email and account details);
• Preliminary questionnaire responses and visa stream selection;
• Chat history, timestamps, and AI interaction logs;
• Notification preferences and scheduled reminders;
• Checklist completion status and progress tracking;
• Document classification and translation requirements.

The Application explicitly does NOT store:

• Payment or financial information;
• Permanent copies of uploaded documents;
• Biometric data;
• Government identification documents.

Third-Party Processing:

• Authentication services provided by Firebase;
• AI-powered chat features utilise external processing services;
• Analytics and diagnostic data collected for service improvement;
• Temporary document processing for translation services.

Data Storage Limitations:

• Chat histories retained according to service limits;
• Limited offline functionality and data access;
• User data deletable upon account termination.

(d) You warrant that any information you give to OZPATH PTY LTD in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms.

(e) You may not use the Services and may not accept the Terms if:

• You are not of legal age to form a binding contract with OZPATH PTY LTD; or
• You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

As a Member, you agree to comply with the following:

(a) You will use the Services only for purposes that are permitted by:

• The Terms; and
• Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

(b) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services.

(c) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify OZPATH PTY LTD of any unauthorised use of your password or email address or any breach of security of which you have become aware.

(d) Access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of OZPATH PTY LTD providing the Services.

(e) You will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of OZPATH PTY LTD.

(f) You will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application.

(g) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by OZPATH PTY LTD for any illegal or unauthorised use of the Application.

(h) You acknowledge and agree that any automated use of the Application or its Services is prohibited.

5. Payment

(a) All payments made in the course of your use of the Services are made using Stripe. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

(b) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

(c) You agree and acknowledge that OZPATH PTY LTD can vary the Services Fee at any time.

6. Refund Policy

OZPATH PTY LTD does not provide direct refunds for any Services Fee paid. While all purchases are generally final and non-refundable, users who are unsatisfied with their translation may report issues through the Application. Such reports may result in refunds as part of the resolution process, although this is not guaranteed. Nothing in these Terms limits or excludes any rights you may have under the Australian Consumer Law, including any statutory consumer guarantees that cannot be excluded by law.

Translation Services and Issue Resolution:

• Payment is processed at the time of ordering;
• Translation services are considered complete upon delivery;

Users who are unsatisfied with their translation may report issues through the Application by:

• Providing specific details about their concerns;
• Submitting the report through the designated system.

Issue Resolution Process:

• OZPATH PTY LTD will review reported issues within 3 business days;
• If the report is approved, the translator will have 2 business days to provide revisions;
• If revisions are unsatisfactory, OZPATH PTY LTD may:
  • Assign the translation to a different translator;
  • Issue a refund where appropriate;
  • Take other remedial action as deemed necessary;
• OZPATH PTY LTD maintains final authority over resolution decisions;
• The submission of a report does not guarantee a refund or any specific outcome.

7. Copyright and Intellectual Property

(a) The Application, the Services and all of the related products of OZPATH PTY LTD are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by OZPATH PTY LTD or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by OZPATH PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

• Use the Application pursuant to the Terms;
• Copy and store the Application and the material contained in the Application in your device's cache memory; and
• Print pages from the Application for your own personal and non-commercial use;
• Use the Application solely for your personal, non-commercial purposes and not for any business or commercial activities.

OZPATH PTY LTD does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by OZPATH PTY LTD.

(c) OZPATH PTY LTD retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:

• Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
• A right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
• A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process)

to you.

(d) You may not, without the prior written permission of OZPATH PTY LTD and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

(e) User-Uploaded Documents:

• Users retain ownership of their uploaded documents;
• By uploading documents, users grant OZPATH PTY LTD and its contracted translators a limited license to:
  • Access and process documents for translation purposes;
  • Store documents temporarily during the translation process;
  • Transmit documents to authorised translators;
• This license terminates upon completion of the translation service.

8. Privacy

OZPATH PTY LTD takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to OZPATH PTY LTD's Privacy Policy, which is available at www.ozpath.au/appprivacy. OZPATH PTY LTD reserves the right to modify, update, or change its Privacy Policy from time to time. Users will be notified of any material changes to the Privacy Policy and continued use of the Application after such changes constitutes acceptance of the updated Privacy Policy.

9. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

• All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
• OZPATH PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of OZPATH PTY LTD make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of OZPATH PTY LTD) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• The accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
• Costs incurred as a result of you using the Application, the Services or any of the products of OZPATH PTY LTD; and
• The Services or operation in respect to links which are provided for your convenience.

(d) AI Chatbot Liability Disclaimer:

OZPATH PTY LTD expressly disclaims all liability for:

• Any decisions made based on AI-generated information;
• Inaccuracies or errors in AI responses;
• Consequences of relying on AI-generated guidance;
• Any loss or damage arising from use of the AI features.

Users acknowledge that the AI chatbot:

• Is an informational tool only;
• Does not provide immigration advice;
• Should not be relied upon for critical decisions;
• May provide incomplete or outdated information.

10. AI-Generated Information Disclaimer

The Application utilises artificial intelligence to provide information. Users acknowledge that:

• AI-generated content is for informational purposes only;
• Information may contain inaccuracies or errors;
• Content should not be relied upon for immigration decisions;
• Users must verify all information through official channels;
• OZPATH PTY LTD does not guarantee the accuracy of AI responses.

11. Third-Party Services

OZPATH PTY LTD is not responsible for:

• The operation or reliability of Google's Gemini AI service;
• Stripe payment processing services;
• Any third-party services integrated with the Application.

12. Limitation of Liability

(a) OZPATH PTY LTD's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that OZPATH PTY LTD, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) You expressly acknowledge and agree that shall not be liable for any loss or damage arising from your failure to comply with these Terms or to take all necessary precautions to ensure that any material you may download or otherwise obtain through your use of the Application is free of viruses or other harmful components.

13. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of OZPATH PTY LTD. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, OZPATH PTY LTD will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

14. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by OZPATH PTY LTD as set out below.

(b) If you want to terminate the Terms, you may do so by:

• Deleting your account through the Application settings; or
• Contacting OZPATH PTY LTD via the 'Contact Us' feature in the Application.

Account deletion will take effect after 5 days to allow for any pending processes to complete. During this period, you may cancel the deletion request by logging back into your account.

(c) OZPATH PTY LTD may at any time, terminate the Terms with you if:

• You have breached any provision of the Terms or intend to breach any provision;
• OZPATH PTY LTD is required to do so by law;
• The provision of the Services to you by OZPATH PTY LTD is, in the opinion of OZPATH PTY LTD, no longer commercially viable.

15. Indemnity

You agree to indemnify OZPATH PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
• Any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
• Any breach of the Terms.

16. Dispute Resolution

16.1 Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

16.2 Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

16.3 Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

• Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation;
• The mediation will be held in Sydney, Australia.

17. Venue and Jurisdiction

The Services offered by OZPATH PTY LTD is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

18. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.