IMPORTANT – PLEASE READ CAREFULLY
By visiting or using any of Brain Mobility Websites or Offered Products you acknowledge and are aware that Brain mobility is a private business and is not and does not pretend to be, an official organ of New Zealand’s government or otherwise connected to the Government of New Zealand in any way whatsoever. Brain mobility is not part of New Zealand’s government or immigration authorities, or a law firm. In this respect Brain mobility neither intends nor claims to provide Legal advice or solutions to an individual’s specific problems.
Please note that at any time, and upon the approval of governmental or legislative bodies, the Government of New Zealand has the authority to cancel or modify the various Visa Programs presented in the Website. Brain mobility and the Site shall not be held responsible in case New Zealand’s government (or one of its Agencies) cancels, suspends, prohibits or otherwise prevents (the “Prevention Announcement”) the various Visa Programs or the Offered Products, for any reason, and will not provide refund for payments that were made prior to any such Prevention Announcement.
You acknowledge and agree that by visiting, accessing or using any of Brain Mobility websites or Offered Products, you are entering into a legally binding contract that shall govern any use of Brain Mobility websites or Offered Products by you or any third party on your behalf. Further, you hereby agree to the use of electronic communication in order to enter into contracts, place orders and to the delivery or acceptance of notices, policies and records of transactions initiated or completed through Brain Mobility websites or Offered Products. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
If you do not unconditionally agree to be bound by this Agreement, you should not use this site or use or visit any of the Brain-mobility.com Websites, Offered Products, and/or Software.
The following capitalized terms shall have the meaning ascribed to them in this section and may be used, in the singular or plural form:
1.1. Brain mobility means the Brain mobility Company and/or any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives or licensors. The Brain mobility website is owned by Yair Oz , 2 Kehilat Venezia Street ,Tel –Aviv , Israel.
1.2. Brain Mobility Websites or Site or Website means any and all elements, contents and the ‘look and feel’ of the website available under the domain www.brain-mobility.com and all related sites owned, operated or controlled by Brain mobility.
1.3. Brain Mobility Offered Products or Offered Products means the use of the Software, if applicable, and any of Brain Mobility products and related services available via any of Brain Mobility Websites whether they are defined as Paid Products, as defined herein, or any other products provided by Brain mobility.
1.4. Brain Mobility Software or Software means Brain Mobility proprietary web based software.
1.6. Intellectual Property means any and all intellectual property rights, including without limitation, intangible legal rights, titles and interests, evidenced by or embodied in: (i) any invention (whether patentable or un-patentable and whether or not reduced to practice), all improvements thereto, and all patent, patent applications and patent disclosures; (ii) any work of authorship, regardless of copyright ability, copyrightable works and all copyrights; (iii) all trade secrets and confidential information; and (vi) any other similar rights, in each case on a worldwide basis.
- License and Access
Brain mobility grants you a limited license to access and make personal use of Brain Mobility Websites and Offered Products and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of any of Brain Mobility Websites or Offered Products or its contents; any derivative use of any of Brain Mobility Websites or Offered Products or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Any of Brain Mobility Websites or Offered Products or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any of Brain Mobility Websites or Offered Products or any part thereof. You may not use any Meta tags or any other “hidden text” utilizing Brain Mobility name or trademarks. You are granted with a limited, revocable, and nonexclusive right to create a hyperlink to Brain Mobility Website so long as the link does not portray Brain mobility or any of its products including without limitation, Brain Mobility Offered Products or Websites or the Software, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of Brain mobility, including without being limited to part of a link, without the express written permission of Brain mobility.
You shall not attempt to access any of Brain Mobility systems, programs or data that are not made available for public use.
- Proprietary Information
You shall not make any use of the proprietary information of Brain mobility and nothing in this agreement shall be construed as giving you any license or approval to do so. You shall not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any of Brain Mobility Websites, Offered Products or Software or any part thereof.
The information on the Websites of Brain mobility is protected by copyright: Copyright 2015 – Brain mobility. All rights reserved.
- Modifications and Updates
4.1. Brain mobility has the right at any time and for any reason to modify or discontinue any aspect or feature of any Brain Mobility Websites or Offered Products or Software, including but not limited to its content, functionality, availability or its pricing.
4.2. Without derogating from the above, Brain mobility at its sole discretion, reserves the right to add additional features or functions, subtract or change any features or functions or provide programming fixes, updates and upgrades, to any of its Websites or Offered Products or Software. You acknowledge and agree that Brain mobility has no obligation to make available to you any subsequent or previous versions of any of its Websites or Offered Products or Software.
- Paid Products
5.2. You acknowledge that Brain mobility may, at its sole discretion and without prior notice, condition the use (of all users or a group of users or your use specifically) of any part or all the of its Websites or Offered Products or Software, to include payments, to exclude payments, change or modify such Paid Products, turn unpaid Offered Products or Websites (or any part thereof) into Paid Products, and vice versa. Any and all terms and conditions in this User Agreement, including but without being limited to, any limitations or disclaimers of liability or of warranty, shall apply to the Paid Products, except if explicitly stated to the contrary in this User Agreement or in any additional terms and conditions brought to your attention prior to such payments.
- Transactions, Payment Fraud and Collection
6.1. The user of the Offered Products is fully responsible for paying all monies owed to Brain mobility. We try to provide the best possible products to all our valued customers. If you are dissatisfied in any way with our products, please contact us directly for a solution, before you consider calling your financial institution for a refund. Brain mobility may, at its sole discretion, cease to provide the Offered Products to certain users or to users paying with certain credit cards.
6.2. Brain mobility reserves the right to perform credit checks on all users with third party credit agencies, on the basis of the information provided to us on application or by you in any other manner.
6.3. Brain mobility reserves the right to use a third party electronic payment processor and/or financial institutions to process payments made by you in connection with your use of the Offered Products and/or Software.
6.4. In any case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment, found to be fraudulent), Brain mobility reserves the right to block a user’s account and reverse any refund made, if any. Brain mobility shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments.
Bluesnap.com is Brain Mobility payment provider.
- No Warranties
8.1. Brain mobility cannot guarantee that you shall always be able to communicate by using any of Brain Mobility Websites or Offered Products or Software, nor can Brain mobility guarantee that you can communicate without disruptions, delays or communication-related flaws or that all your communication shall always be delivered. Brain mobility shall not be liable for any such disruptions, delays or other omissions in any communication experienced when using the Software, Websites and Offered Products, even if such was incurred by or due to Brain mobility.
8.2. Brain mobility shall not be responsible or held liable for any disturbances or malfunctions that any of Brain Mobility Websites or Offered Products or Software may cause to any other software or application, or to any computer hardware system or any part thereof, including any information or data contained in such.
8.3. Brain mobility may suspend any of Brain Mobility Websites or Software or Offered Products, including Paid Products, or any parts thereof, for maintenance work, updates or for any other reason, or terminate any of such Websites or Software or Offered Products, all at its sole discretion, without any prior notice. Brain mobility shall not be liable or responsible with respect to or in connection with, such suspension or termination.
8.4. Brain mobility Websites and Offered Products may include a pre-release beta version of its Websites and Offered Products which may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data.
- No guarantee of Visa Acceptance
9.1. You understand that the Immigration New Zealand visa program is a based on internal evaluation procedure and therefore there is no guarantee a visa will be granted.
9.2. Choosing the Brain Mobility Offered Products does not guarantee a better or expedited handling.
9.3. Minimum eligibility requirements have been detailed and listed on the Brain mobility Website. It is up to you to review the requirements and ensure that you qualify within the guidelines.
9.4 No guarantee of outcome
We are unable to guarantee the outcome of Your application.
We will however, undertake to use Our professional skill for Your benefit to the best of Our ability at all times.
9.5 You should NOT quit Your job, sell Your home, or take other measures to move to New Zealand until You receive official written notification that You have been approved for a SMC visa to New Zealand
9.6 Immigration New Zealand reserves the right to request additional information in the course of assessing an application and to retain information and documents on file.
- No Responsibility of Content
10.1. Brain Mobility Websites and Offered Products and all information, content, materials, products and services included on or otherwise made available to you through any of Brain Mobility Websites or Offered Products are provided on an “as is” basis. Brain mobility and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors make no representations or warranties of any kind, expressed or implied, as to the operation of any of Brain mobility ’s Websites or Offered Products or Software or the information, content, materials, products or services included on or otherwise made available to you through such Websites or Offered Products. Without derogating from the aforementioned, you acknowledge and understand that the content of the communication spread by the use of any of Brain Mobility Websites or Offered Products or Software is entirely the responsibility of the person or entity from whom such content originated. Further, Brain Mobility Websites or Offered Products may contain links to other websites, you acknowledge and agree that the content of such is entirely the responsibility its respective authors. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable and your linking to such web sites is at your own risk and you acknowledge and agree that Brain mobility shall not be liable for any type of communication spread by means any of Brain Mobility Websites or Offered Products.
10.2. Subject to the terms and conditions of the Privacy Statement any communication or material you post or transmit in connection with your use of the Offered Products will be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant Brain mobility the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose. If you object to your Information being used in this manner please do not register.
10.3. In this respect you should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.
10.4. The Offered Products and the Site may include bulletin boards, chat rooms and other user and member created pages which allow you and other users and members to post information, provide feedback to Brain mobility and interact in real-time. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You will be responsible for, and indemnify and hold Brain mobility harmless against any claim arising from any material that you post or transmit. Although Brain mobility and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated content on the Site, Brain mobility is under no obligation to do so.
10.5. You acknowledge that Brain mobility and its affiliates do not control the information available on the bulletin boards, chat rooms and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. Brain mobility reserves the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated pages.
- Lawful purposes
You acknowledge and agree to use any of Brain Mobility Websites or Offered Products or Software solely for lawful purposes. In this respect you may not, without limitation:
(a) Intercept or monitor damage or modify any communication which is not intended for you,
(b) Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble any of Brain Mobility Websites or Offered Products or Software or the communication,
(c) Send any unsolicited commercial communication not permitted by applicable law, or
(d) Expose any other user to material which is offensive, harmful to minors, indecent, unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law or otherwise objectionable.
Further, you declare that the source of funds used by you to use the Offered Products and/or used through the Website is not illegal and that you will not use the Offered Products and/or the Software and/or the Websites in any way as a money transfer system. You will not use the Offered Products and/or the Software and/or the Websites for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under any law.
You will be responsible for, and indemnify and hold harmless Brain mobility against any claim arising from any material that you post or transmit.
As a worldwide standard, an IP address is allocated according to states or areas. During registration, Brain mobility may utilize such allocation to identify the area you are calling and/or connecting from (this is made without personally identifying you). Any use of any of Brain Mobility Websites or Offered Products must be made from the area you have registered from, you may not, by any means, cause Brain mobility to misidentify the area you are registering from (including without limitation by the use of proxy or any other software or service). You acknowledge and agree that not complying with such terms may cause Brain mobility to be in violation of or non-compliance with any applicable law for which you shall be fully responsible for.
- Fees & Refund Policy
The fees charged by Brain mobility consist of handling fees only, and do not include any official or Governmental registration fees, which shall be paid solely by you and at your responsibility. Fees paid to Brain mobility for Offered Products are, in any event (including in the event a client has decided not to pay a Governmental registration fee) non-refundable.
In the event that you did not file the application form, you may ask Brain mobility to consider your request for refunds. Refunds shall be given (if any) at the sole discretion of Brain mobility and in any event shall not exceed the amount actually paid by you for the relevant Paid Product. No refund request will be considered after you started filling your application.
The applicant is not eligible for refund when the applicant has provided false or misleading information, information relevant to your application has been omitted, or on failing to meet health or character requirements
Brain mobility and the Site take every reasonable precaution to protect user’s information. When users submit sensitive information via the Site, the information is protected both online and off-line. When users are asked to enter sensitive information (such as credit card number) such information is encrypted and is protected with the encryption software SSL. While on a secure page, such as the payment reply form, the lock icon on the bottom of Web browsers such as Microsoft Internet Explorer becomes locked.
Furthermore, the Website operates by the official PCI security standards. Although we have taken significant measures to ensure the security of information submitted in using the Offered Products and Software, Brain mobility and the Site cannot guarantee the security of information collected during your use of the Offered Products and Software and shall not be liable in any way for a compromise of your data.
If you object to your Information being transferred or treated in this way please do not register.
- Confidential Information
Please note that with the exception of credit card numbers and other personal information that you are required to fill in the forms as part of the use of the Software and/or Offered Products, Brain mobility does not require the receipt of confidential or proprietary information from you through the Site. Any non-personal information or material sent to Brain mobility will be deemed to be NOT confidential. By sending Brain mobility any non-personal information or material, you grant Brain mobility an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Brain mobility is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
- Use of Information
Notwithstanding section 16 above, upon your registration you explicitly allow Brain mobility to transmit via the Internet, telephone, facsimile or any other means of communications, commercial, promotional material and advertisements of any kind and type in its sole discretion, whether its own or of a third party. If you wish to cease receiving such material and advertisement, you may do so by notifying Brain mobility.
Without limiting other remedies, Brain mobility may limit, suspend, or terminate your use of Brain Mobility Websites or Software or Offered Products (including Paid Products) and delete your user account and/or user ID, and the use of any content or other material contained therein, at any time, with or without cause and without any recourse, with immediate effect and without any prior notice.
Brain mobility shall not be liable in respect to any damage caused by or arising of or in connection with the termination or suspension or restriction, irrespective of the reason thereof.
Without derogating from or limiting Brain Mobility other remedies, Brain mobility shall have the right to immediately terminate your access to or use of the Software and/or Offered Products in the event of any activities which are in breach of this Agreement and/or conduct which, in the sole discretion of Brain mobility interferes with the operation or use of the Software and/or Offered Products.
- Economic Basis
- Disclaimer of Warranties
20.1. The warranties stipulated in this Agreement, constitute the sole warranties of Brain mobility and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors. Any warranties, expressed or implied, including without limitation, any warranty of merchantability or fitness for particular use or the legality of the any of Brain MobilityWebsites or Offered Products, and/or Software, not expressly granted by Brain mobility are hereby disclaimed.
20.2. ANY OF BRAIN MOBILITYW EBSITES OR OFFERED PRODUCTS OR SOFTWARE ARE PROVIDED AS IS, WITH NO WARRANTIES WHATSOEVER; BRAIN MOBILITY AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS DO NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO ANY OF BRAIN MOBILITYWEBSITES OR OFFERED PRODUCTS OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. BRAIN MOBILITY AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS FURTHERMORE DO NOT REPRESENT OR WARRANT THAT THE BRAIN MOBILITYWEBSITES OR OFFERED PRODUCTS OR SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES BRAIN MOBILITY AND ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS WARRANT ANY SUCCESS OR ACCEPTANCE OF A VISA THROUGH ANY OF BRAIN MOBILITYWEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
20.3. Brain Mobility Websites may allow you to access third party websites. Your access to and use of any third party websites, including any goods, services or information made available from such websites, is governed by the terms and conditions found at each third party website, if any.
21.1. You agree to indemnify, defend and hold harmless Brain mobility, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors, from and against all demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred by Brain mobility due to or arising out of or in connection with your visit or use of any of Brain MobilityWebsites or Offered Products or Software.
21.2. You agree to defend, hold harmless and indemnify Brain mobility from and against any and all liabilities, damages, actions, costs, expenses, including without limitation attorney’s fees, resulting from or arising of any and all third party claims, including without limitation your own.
21.3. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
- Limitation of Liability
22.1. YOU ACKNOWLEDGE AND AGREE THAT BRAIN MOBILITY, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OR VISIT OF ANY OF BRAIN MOBILITYWEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
22.2. IN NO EVENT SHALL BRAIN MOBILITY, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INJURIES, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE VISIT OR USE OF ANY OF BRAIN MOBILITYWEBSITES OR OFFERED PRODUCTS OF SOFTWARE OR INABILITY TO USE SUCH, EVEN IF BRAIN MOBILITY, ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22.3. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DAMAGE, PROBLEMS OR DISSATISFACTION IN CONNECTION WITH ANY OF BRAIN MOBILITYWEBSITES OR OFFERED PRODUCTS OR SOFTWARE OR THE USE OR VISIT THEREOF IS TO CEASE USE OF SUCH WEBSITES OR OFFERED PRODUCTS OR SOFTWARE.
If, notwithstanding the other provisions of this User Agreement, Brain mobility is found to be liable to you for any damages or loss which arises out of or is any way connected with the use of this Site or the Offered Products or Software, Brain Mobilityliability shall in no event exceed the lesser of (a) the amount paid by you for the Offered Products; or (b) $50.00. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
- Immigration Laws and Regulations
Immigration laws and regulations, and visa application criteria change frequently and their interpretation can vary widely based upon the specific facts and circumstances involved. You are responsible for consulting with your own professional immigration advisors concerning your specific circumstances. Brain mobility disclaims any responsibility for the accuracy or adequacy of any details specified by you and positions taken by you in your applications process.
- Governing Law & Dispute Resolution
You agree that all matters relating to your access to or use of the Site, Offered Products and Software, including all disputes, will be governed by the laws of ISRAEL without regard to its conflict of laws provisions. You agree to the personal jurisdiction by and venue in the District Court in Tel Aviv, Israel and waive any objection to such jurisdiction or venue. Any claim under the User Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Brain mobility and you arising out of or in connection with your use of the Site or Offered Products or Software the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
25.2. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- NO LEGAL ADVICE
The information provided on our Website is distributed for information purposes only and is not intended to constitute legal advice. Many factors unknown to Brain Mobility may affect the applicability of any statement or comment that we make on our Website to your particular circumstances and legal counsel should be consulted with regard to specific application of the information, on a case by case basis.