Terms and Conditions

1. Acceptance

By using our website, application, and services (the "Services"), you agree to these Terms and Conditions and our Privacy Policy. If you use the Services on behalf of a business, you bind that business to these Terms and Conditions. To utilise our Services, you must be over the age of 18.

2. What We Do

We provide software, operational support, and immigration assistance to prepare and lodge Australian visa applications. We are not affiliated with the Department of Home Affairs and do not control decisions related to your application, timeframes, or governmental fees.

3. Immigration Assistance and Legal Services

Where immigration assistance is provided, it will be delivered through our platform by an Australian legal practitioner or registered migration agent. The practitioner will be identified to you by name and relevant identification number.

If we engage a migration agent or Australian legal practitioner to assist with your matter, their associated agreement and professional obligations will apply. Where no migration agent or Australian legal practitioner is engaged, any guidance provided on the platform is general information only and not legal advice.

4. Your Responsibilities

By utilising our Services, you agree to the following:

You are responsible for outcomes caused by inaccurate or incomplete information.

5. Accounts and Identity

We may require you to verify your identity. We reserve the right to refuse, suspend, or cancel accounts for failed verification or misuse.

6. Fees and Payments

Payments for our Services are processed through Stripe. By paying, you agree to the Stripe Services Agreement and other Stripe terms for your jurisdiction.

Service fees are displayed at checkout. Government fees are separate and non-refundable once paid.

Prices include GST where applicable. Receipts will be provided electronically.

If a payment fails or is reversed, you remain liable for the amount and any third-party charges.

7. Cancellations and Refunds

Payment triggers immediate platform activity: eligibility analysis runs, your workflow is generated, and a document checklist tailored to your specific circumstances is prepared. For this reason, service fees are non-refundable on a change-of-mind basis, including where you decide not to proceed after reviewing your workflow or evidence requirements.

Tern may, at its sole discretion, offer a partial refund or service credit. Any such decision is made on a case-by-case basis and does not set a precedent for future requests.

If your visa application is refused, our service fee is refundable, unless the refusal was caused or contributed to by any of the following:

For Visitor (subclass 600, 651, or 771) and Working Holiday (subclass 417 or 462) visa applications, if you declared a criminal conviction, our service fee is not refundable if the application is refused, regardless of the reason for refusal. You will be asked to acknowledge this before payment.

For Partner visa applications (subclass 820, 801, 309, or 100), if you or your sponsor declared a criminal conviction, our service fee is not refundable where the refusal is based on the character requirements, whether those requirements relate to you or to your sponsor. The refund set out above still applies if the application is refused for any other reason. You will be asked to acknowledge this before payment.

Government fees, consultation fees, and add-on or additional charges, such as police checks, document translation, criminal record processing, and additional practitioner work charged for your specific case, are non-refundable in all circumstances, including where your application is later refused or does not proceed.

Where a refund is owed under these Terms, it will be processed within 14 days of the decision being confirmed.

These Terms do not exclude, restrict, or modify your rights under the Australian Consumer Law (ACL), including your rights to a remedy where services are not provided with due care and skill, are not fit for purpose, or are not supplied within a reasonable time.

8. Relationship Breakdown

Partner visa applications are based on a genuine relationship between two people. This section applies for as long as we are actively working on your application: before submission on the Direct and Guided plans, or up to a decision on the Complete plan.

If the relationship ends during that period, you must tell us as soon as possible. Once we are notified, we stop acting on the application and transfer it to the relevant parties. Our service fee already paid for that application is not refunded, whether the application is later withdrawn, refused, or otherwise does not proceed, and this is not covered by the refund provisions in Section 7.

Where a relationship ends because of family violence, provisions may allow the application to continue. Pursuing that is a separate legal matter that is not included in our service plans and can be arranged separately.

9. Processing Time Promise

For eligible applications, we may provide a "Visa Granted By" promise, which specifies a date by which we expect your visa to be granted. If your visa is not granted by the promised date and your application remains pending or is ultimately refused, you are entitled to a full refund of our service fee. Government fees, consultation fees, and add-on or additional charges remain non-refundable.

This promise is not available for all visa types or applicants. Eligibility is determined at our discretion based on factors including but not limited to visa subclass, applicant circumstances (such as criminal history or health conditions), and data availability. Where a promise is offered, the promised date will be clearly displayed during the application process.

The promise applies only where the delay is not caused by factors within your control, such as failure to respond to requests for information from us or the Department of Home Affairs within 24 hours, or failure to follow guidance or recommendations provided during the application process.

10. Processing Times and Outcomes

Any timelines, grant-rate data, or predictions provided (other than a "Visa Granted By" promise where offered) are informational only. Visa outcomes and timeframes are determined solely by the Department of Home Affairs.

11. Third-Party Services

We may connect you to third parties (e.g., Stripe payments, identity checks, document translation, VEVO, health checks, insurers). We will not use third parties to process your visa application or share your information with them for that purpose, without your prior consent, except where required by law or where you instruct us to engage a lawyer or other provider.

12. VEVO and Authority to Act

You authorise us to conduct VEVO checks and to use, store, and disclose your information to prepare and manage your application in accordance with these Terms and our Privacy Policy.

13. Intellectual Property

We own all intellectual property in the Services, except for content you upload. You are granted a limited, revocable, non-transferable licence to use the Services for personal or internal business purposes. You must not copy, reverse-engineer, resell, or misuse the Services.

14. Your Content

You grant us a non-exclusive licence to host, use, and process your content solely to provide the Services and meet legal obligations. You warrant that you have the rights to upload the content and that it is lawful and free of malware.

15. Acceptable Use

You must not breach laws or rights, interfere with security, scrape or mine data without written consent, or use the Services to build a competing product. We may suspend or terminate your access for suspected breaches.

16. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. We will not share your information with third parties for visa processing or engage third parties for that purpose without your consent, unless required by law. See our Privacy Policy for details on collection, use, storage, overseas disclosures, and your rights.

17. Warranties and Disclaimers

Subject to the ACL, the Services are provided "as is" and we disclaim all non-statutory warranties. Data and insights may rely on third-party sources.

18. Liability

Nothing in these Terms limits liability that cannot be limited under the ACL. Otherwise, to the extent permitted by law, our aggregate liability for all claims in any 12-month period is limited to the greater of AUD$500 and the service fees you paid to us for the relevant matter.

We are not liable for indirect or consequential loss, lost profits, loss of opportunity, or loss caused by third parties or your breach.

19. Indemnity

You indemnify us and our personnel against losses arising from your breach of these Terms, unlawful conduct, or infringement of third-party rights, except to the extent caused by our breach of law or these Terms.

20. Beta Features and Availability

Some features may be in beta or early access and may change or be withdrawn. While we aim for high availability, we do not guarantee uninterrupted access.

21. Changes

We may update the Services and these Terms. Material changes take effect upon posting or from the notified effective date. Continued use after that date constitutes acceptance.

22. Suspension and Termination

We may suspend or terminate your access where required by law or for suspected misuse. You may stop using the Services at any time. Clauses that by nature survive termination will remain in effect.

23. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control.

24. Notices

You consent to electronic communications. We will use the email linked to your account. You must keep your contact details up to date.

25. Other

These Terms and the Privacy Policy constitute the entire agreement between you and Tern.

If any term is found invalid, the remaining terms remain effective.

You may not assign these Terms without our consent. We may assign them in the event of a restructure or sale.

Failure to enforce any term is not a waiver of our rights.

26. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have non-exclusive jurisdiction.

27. Complaints and Disputes

For complaints or disputes, contact support@ternvisa.com. Using our internal process does not limit your rights under the ACL or other external remedies.