End User Agreement

MIGRATION MANAGER END USER AGREEMENT

Update Published: May 2018

  1. Agreement legally binding
    1. By accessing or using the System, You agree to the Terms of this Agreement. If You are accepting these terms on behalf of another person or Company or other legal entity, You represent and warrant that You have full authority to bind that person, company or legal entity to these terms.
    2. If You do not agree to these term, do not access or use the Software or System.
  2. Licence
    1. We grant You a limited, revocable, non-exclusive licence to access, view and use the System solely in accordance with this Agreement as an end user only (“Licence”).
    2. You may not use the System for any purpose other than that permitted under this Agreement. The Licence is conditional on your continued compliance with this Agreement.
    3. This Agreement applies to updates, upgrades, supplements, add-on components, beta code or other components of the System that we may make available to You from time to time.
  3. Use of the System
    1. The System and all of its components are intended to be used by migration law professionals and their staff in the course of their business for, inter alia, the entering, storage, access, and use of their and their client’s data. The System is not a consumer product or services or goods or services of a kind ordinary acquired for personal, domestic or household user consumption.
    2. You may install the System on as many computers as You like, but the number of people using the software at any one time must not exceed the number of User Licences held by You.
    3. You must only access and use the System on computer hardware that meets the Minimum System Requirements.
    4. You must only access and use the System for lawful purposes.
  4. Third Party Use of the System
    1. Under the License, You may permit another person (“Third Party”) to access, use and/or operate the System, provided that You will be fully responsible for the Third Party’s compliance with terms and conditions of this Agreement and any breach of this Agreement by a Third Party shall be deemed to be a breach by You.
  5. System Updates
    1. We reserve the right at any time to modify, update or change, temporarily or permanently, the System (or any part thereof) with or without notice including removing features or functionality from time to time.
    2. To receive updates you must hold a current Support & Updates subscription.
    3. Various parts of the System (such as EVisa, Form filling, Checklists,  form downloads) require you to hold a current Support & Updates subscription in order to function. If your subscription lapses these functions will cease to work.
    4. You acknowledge that the Migration law profession is dynamic and constantly changing which, inter alia, involves the Department making regular changes to their laws, regulations and systems on an ongoing and unpredictable basis. As a result, parts of the System may become out of date, non-functioning or obsolete from time to time and without notice. Whilst MM endeavours to update the System on a regular basis to keep up with these changes, it does not warrant that such updates will occur or that they will occur within any specified time period. You agree that you will not be entitled to any refund, discount, compensation, claim or other entitlement arising from, inter alia, the System not being up to date or fully functioning or completely in-sync with the Department's current or future systems, regulations or laws.
  6. Account
    1. To access the System You will need to create a user account and a user password, details of which must be kept confidential.
    2. We are not responsible for any unauthorised access to your account. You are responsible for all activities which occur in connection with your account (whether undertaken by You or a third party or if your account information is lost or stolen).
  7. Your Data
    1. You own all right, title, and interest in and to Your Data. Your Data is your responsibility and you are the "Data Controller".
    2. You agree that where relevant under applicable law, Migration Manager has the status of "Data Processor" when handling or processing Your Data. Furthermore you authorise us to use any sub-processor deemed by us necessary for the purposes of processing Your Data including, but not limited to Azure data centers.
    3. As your Data Processor, we may access your data in the following situations:
      1. if You make a request for support;
      2. if necessary for system maintenance;
      3. if required by law.
  8. Your responsibilities
    1. You are solely responsible for the development, content, operation, maintenance, protection, backup, and use of Your Data including but not limited to any corruption of Your Data that arises in connection with your use of the System.
    2. You are responsible for obtaining any and all necessary consents, authority and approvals from individuals whose personal data you enter in to Migration Manager.
    3. You are solely responsible for:
      1. purchasing, installing, setting up and maintaining any necessary computer hardware, network infrastructure or internet connections including any associated costs required to access or use the System;
      2. ensuring that any computer used to access or operate the System meets the Minimum System Requirements;
      3. purchasing, subscribing, setting up and maintaining any cloud storage platform that you elect to use for the storage of your documents;
      4. any costs associated with accessing, using, viewing Your Data or migrating Your Data onto or off the System;
      5. complying with any relevant Australian laws and regulations;
      6. ensuring that any form, template, Questionnaire, application, process or procedure used, generated, merged or completed is relevant, correct and current for the situation in question;
      7. ensuring that any application, form, document or other item which is  generated, merged, completed, sent, uploaded or lodged using the System has been done so correctly and without error, omission or inaccuracy;
      8. confirming with Your Client that any application, form, document or other item which is  generated, merged, completed, sent, uploaded or lodged on their behalf has been done so correctly and without error, omission or inaccuracy;
      9. obtaining authorisation from Your Client to collect, store and use their Data on our Systems;
      10. backing up your data and documentation and keeping those backups in a safe and secure location. You are also responsible for ensuring that the back ups have been effective by periodically testing that the backups can be restored from.
  9. No Legal, Migration and Accounting Advice
    1. MM is not providing legal, accounting or migration advice and the System does not constitute legal, accounting or migrant advice.
    2. Whilst MM may provide access to forms, templates, online applications, processes and procedures, MM does not warrant nor does it provide advice as to whether these are valid, current or relevant in any given situation.
  10. Support
    1. If you hold a current Support & Update subscription, Technical Support from a MM Technician is available during Queensland Standard Business Hours for technical issues relating to the Software. The contact details for support are recorded on our website.
    2. Technical Support does not include providing support for:
      1. 3rd party software and operating systems;
      2. cloud storage with 3rd party providers (for example: Onedrive, Dropbox, Google Drive etc)
      3. network, hardware and infrastructure issues;
      4. issues arising from viruses, Trojans or other malicious programs;
      5. the MM Templates;
      6. training and user operation issues;
      7. issues unrelated to the Software.
    3. MM reserves the right to charge an additional fee for any support which is provided for issues listed in part 10.2 or which are not covered by this Agreement.
  11. Betas and Product Development
    1. From time to time, MM may choose to offer to You new and/or update features in the System which may contain code/features for experimental testing and evaluation (“Beta Code”) as part of a closed Beta Program. If You are invited to participate in the Beta Program, You understand and agree:
      1. that your participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between You and MM,
    2. MM is not obligated to provide You with any Beta Code;
      1. to evaluate and test the Beta Code under normal conditions and contact us periodically during your use of the Beta Code to discuss any malfunctions or suggested improvements;
    3. If we do make available to You any Beta Code, You agree and understand that:
      1. the Beta Code is supplied ‘As Is’ and that there are no guarantees that this Beta Code will be free of issues, and that You are specifically aware and accept the risk that Beta Code by its very nature may have defects, bug and useability issues and that there is an inherent risk to Your Data;
      2. You are responsible to taking all necessary steps to safeguard Your Data, to use caution and not to rely in any way on the correct functioning or performance of the System and/or accompanying materials;
      3. You will work closely with us and help us to resolve any issues encountered and that this commitment by You may extend to the daily installation of new versions of the System to resolve identified issues;
    4. MM may collect and use information about how You use the Beta Code;
      1. You must maintain strict confidentiality about the Beta Program and the Beta Code and You are strictly prohibited from publicly disclosing details or making comments about the Beta Program and the Beta Code;
    5. You further acknowledge and agree, given the risks involved with using Beta Code, that in consideration for us allowing You to participate in a BETA Program that the Beta Code is provided without warranty and, to the extent permissible by law, You waive any right to claim or recover any damages or losses arising from or consequential to your involvement in the BETA Program.
    6. Any and all inventions, product improvements, modifications or developments to MM, the Software and its related products and services that we conceive or make during or subsequent to this Agreement, including those based partly or wholly on your feedback, requests or instructions, will be our exclusive property. We will have exclusive rights, title and interest in all such property, including all intellectual property rights. The provisions of this subsection shall survive termination of this Agreement.
  12. MM Cloud
    1. You may only access MM Cloud if You hold a current MM Cloud Subscription.
    2. If Your Data is stored in MM Cloud, Your Data will be hosted and stored in an online server of MM’s choosing and accessed through the Software. You authorise us to use any sub-processor as is necessary to process any personal data entered by You.
    3. MM Cloud Service Level Agreements may apply as notified to You from time to time. We may change, discontinue or add Service Level Agreements from time to time.
    4. We may change or discontinue the service offered by MM Cloud or remove features or functionality from time to time.
    5. You must:
      1. not use or allow MM Cloud to be used for, any purposes prohibited by Australian federal or state law including, but not limited to, the creation, storing, backup, distribution, or providing access to child pornography or terrorist related materials;
      2. not add data or content to MM Cloud that contains files or programs that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    6. Access to MM Cloud may be suspended without notice in our discretion including if there is a planned outage for operational, maintenance or upgrade reasons; it is considered necessary for unscheduled repair, maintenance or service; or in connection with a suspected or actual security risk.
    7. In our sole discretion we may suspend your right to access MM Cloud at any time. Circumstances when this may occur includes but is not limited to:
      1. on request from You;
      2. on receipt of evidence of inappropriate or unauthorised access;
      3. on request from appropriate law enforcement agencies or pursuant to a court order;
      4. your use of MM Cloud poses a security risk to MM, or any third party; may adversely impact the systems or data of any other user; may subject us, our affiliates, or any third party to liability; or may be fraudulent;
      5. You have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;
      6. non-compliance with this Agreement;
      7. failure to make payment of any Licence Fee;
      8. your subscription to MM Cloud has ceased.
    8. Our rights under clause 12 are in addition to any other rights of termination in this Agreement.
    9. If your right to access MM Cloud is suspended at any time:
      1. You remain responsible for any Licence Fees and any other fees and charges incurred to the date of suspension;
      2. You remain responsible for any applicable fees or charges in connection with any access which You may continue to have during this suspension period; and
      3. if your subscription or access to MM Cloud is or has been suspended for a period of more than 6 consecutive months, we reserve the right to delete any of Your Data stored in MM Cloud.
  13. Client Portal, Online Assessment App and Online Questionnaires
    1. You may only access the Client Portal, Assessment App and or the Online Questionnaires if You hold a current MM Subscription.
    2. If You and/or your clients make use of the Client Portal or the Assessment App or the Online Questionnaires, Your Data will be hosted and stored in an online server of MM’s choosing and accessed through the Software (by You) and through a webpage interface (Your Client). You authorise us to use any sub-processor as is necessary to process any personal data entered by You or Your Client.
    3. We may change or discontinue these servces or remove features or functionality from time to time.
    4. By accessing or using the Client Portal, Online Assessment App or the Online Questionnaires, you agree and understand that:
      1. its purpose is for the temporary storage and transfer of documentation and Data between You and Your Client.  To achieve these purposes the Data is stored by us temporarily on a server of MM's choosing. These documents and Data will be deleted from our Server periodically;
      2. you are responsible for all costs and charges associated with your accessing these services, including but not limited to internet and telephone costs and charges;
      3. you are responsible for advising Your Client about privacy and security;
      4. you are responsible for controlling any data entered. Our role is that of the data processor;
      5. there is a risk that you or your Client may not be able to access information or documents stored or uploaded to these services at any given time. These services are reliant on computer and telecommunications systems provided by third parties and disruptions to those systems may result in the portal being unavailable from time to time. We will not be liable for any loss, damage, cost or expense resulting from any delay in operation or transmission, communications failure, internet access difficulties and malfunctions in equipment or software.
    5. You must:
      1. not use or allow the Client Portal, Online Assessment App or the Online Questionnaires to be used for, any purposes prohibited by Australian federal or state law including, but not limited to, the creation, storing, backup, distribution, or providing access to child pornography or terrorist related materials;
      2. not add data or content to these services that contains files or programs that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      3. ensure that you regularly download Your and Your Client's content from the Client Portal, the Online Assessment App or the Online Questionnaires;
      4. provide instructions to your Clients on how to use these services and ensure that they regularly download any content you make available via these services to them;
      5. ensure that any computer used by You to access these services has current Antivirus software installed and activated;
      6. ensure that you are compliant with all privacy notification obligations;
      7. ensure that you obtain all necessary consents, authority and permissions needed for Your Client to access and use these services.
    6. Access to Client Portal may be suspended without notice in our discretion including if there is a planned outage for operational, maintenance or upgrade reasons; it is considered necessary for unscheduled repair, maintenance or service; or in connection with a suspected or actual security risk.
    7. MM provides no warranty that documents or Data stored in or transferred by the Client Portal will be free of error, corruption, virus, trojan, malware or other problem.
    8. In our sole discretion we may suspend your right to access Client Portal at any time. Circumstances when this may occur includes but is not limited to:
      1. on request from You;
      2. on receipt of evidence of inappropriate or unauthorised access;
      3. on request from appropriate law enforcement agencies or pursuant to a court order;
      4. your use of Client Portal poses a security risk to MM, or any third party; may adversely impact the systems or data of any other user; may subject us, our affiliates, or any third party to liability; or may be fraudulent;
      5. You have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;
      6. non-compliance with this Agreement;
      7. failure to make payment of any Licence Fee;
      8. your subscription to MM has ceased.
    9. Our rights under clause 13 are in addition to any other rights of termination in this Agreement.
    10. If your right to access the Client Portal is suspended at any time:
      1. You remain responsible for any Licence Fees and any other fees and charges incurred to the date of suspension;
      2. You remain responsible for any applicable fees or charges in connection with any access which You may continue to have during this suspension period; and
      3. if your subscription or access to MM is or has been suspended for a period of more than 6 consecutive months, we reserve the right to delete any of Your Data stored in the Client Portal
  14. Student Version
    1. Users of the Student Version are granted a limited Licence to use the Software as part of and for the duration of their University Course.
    2. The Student Version may have certain features disabled or restricted as directed by a University or at the complete discretion of MM.
    3. The limited Licence held by Users of the Student Version ends  months after initial activation of their Licence
    4. Users of the Student Version are given a limited Support and Update Subscription for the duration of their Licence which:
      1. Entitles the User to receive all System Updates in accordance with part 5 of this Agreement;
      2. Entitles the User to receive limited Technical Support via email. The amount of Technical Support provided to a User of the Student Version shall be determined at the complete discretion of MM. MM reserves the right to decline to provide Technical Support to a User of the Student Version in circumstances were the User makes frequent or excessive use of Technical Support ; and
      3. Does not entitle the User to training or telephone support.
    5. Users of the Student Version must not use the Software for commercial purposes.
    6. In consideration for being granted access to the Student Version, the User agrees that MM may contact the User.
  15. Questionnaires
    1. Under the Licence, you may use a Questionnaire to import data into the Software.
    2. The Questionnaire is not to be used as an application form or legal document.
    3. We do not warrant that the questions contained within a Questionnaire or any information collected by a Questionnaire is current, correct, accurate or without omission or error.
    4. You are responsible for ensuring that you obtain any and all necessary permissions, consents and authority to collect Your Client's Data using a Questionnaire.
  16. Online Services
    1. If you make use of a Migration Manager Online Service you acknowledge, understand and agree that:
      1. The service will transmit to, store and use Your Data on external servers operated by Migration Manager including Azure servers based in Australia;
      2. The Collection, Storage and Use of data on our servers will be in accordance with our Privacy Policy;
      3. It is your responsibility to ensure that you have a reliable, secure and suitable internet connection when using an Online Service;
      4. We do not warrant or guarantee that an Online Service will be available at any particular point in time;
      5. We reserve the right to change, alter, update, retire or cease operation of any Online Service at our discretion;
      6. It is your responsibility to obtain all necessary permissions, authority and consents necessary for us to act as your data processor.
    2. In addition to Clause 7.2, we may monitor your access to any Online Service including accessing Your Data stored in any Online Service for purposes such as (but not limited to):
      1. ensuring that access and use is authorised and to facilitate protection against unauthorised access;
      2. for management of our Online Services and systems;
      3. reporting account size including number of users and number of files amount of data storage used;
      4. frequency of access;
      5. a user’s IP address and device;
      6. to comply with any request of a governmental or regulatory body (including subpoenas or court orders)
      7. for security purposes.
    3. You must ensure that you have appropriate privacy policies and agreements with your Clients that are compatible with you using Migration Manager’s services to collect, store and use their Data.
  17. Intellectual Property Rights
    1. The rights granted to You in this Agreement are a licence only. Nothing contained in this Agreement or otherwise grants to You any rights of ownership in all or any part of the System.
    2. You acknowledge that the System is the subject of copyright and that You must not at any time (either before or after termination of this Agreement) do any act or permit the doing of any act which infringes that copyright.
    3. You may not store, copy, modify, replicate, or otherwise save any portion of the System. You may not reverse engineer, de-compile, disassemble, modify, translate, make any attempt to discover the source code of the System, or create derivative works from the System. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
    4. All rights in the System not expressly granted to You in this Agreement are reserved by us.
  18. Termination
    1. We may terminate this Licence immediately by notice if:
      1. You fail to pay any Licence Fees owing by the due date;
      2. You are in breach of any term or condition of this Agreement and such breach is not remedied within fourteen (14) days of notice from us;
      3. in order to comply with the law or requests of governmental entities or a court order.
    2. Upon termination of this Licence for whatever reason:
      1. all your rights under this Agreement immediately terminate;
      2. You remain responsible for all fees and charges You have incurred through the date of termination, including fees and charges for in-process tasks completed after the date of termination;
      3. we may pursue any additional or alternative remedies provided by law;
      4. You shall have no right to a refund of the whole or any part of the licence fees or other amounts paid for this Licence.
    3. Termination is without prejudice to any rights we may have as a result of breach of this Agreement by You.
  19. Disclaimer & Indemnity
    1. The System is provided on an ‘As Is’ basis and your use of it is at your sole risk.
    2. You acknowledge that software, by its very nature, is an imperfect product and has faults, gaps and other anomalies. You will be solely responsible for any damage to You or Your Data resulting from the use of the System. You also acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee that the availability of the System, Software or access to Your Data will be uninterrupted, timely, secure, or error-free or that content loss won't occur. You acknowledge and agree that it is technologically impossible to achieve and guarantee a 100% availability of the System.
    3. Except as expressly provided in this Agreement and except for any condition or warranty the exclusion of which could be void or otherwise contravene the Competition and Consumer Act 2010 (Cth) or any other equivalent competition or consumer law, we disclaim all conditions, warranties and representations, either express or implied with respect to your use of the System.
    4. You expressly understand and agree under no circumstances will we be liable for (and You release us from liability for):
      1. any incidental, special, indirect, direct, financial, economic or consequential damages or loss of profits, loss of revenue, loss of reputation, loss due to interruption of business, loss of bargain, loss of opportunity or goodwill, any claims for indirect, special or punitive damages, third party claims or any indirect or consequential losses or related expenses (even is loss is reasonably foreseeable and we had been notified of the possibility of the loss arising) which may arise from use of the System including but not limited to those resulting from defects in the System, or loss, corruption or inaccuracy of data of any kind and whether or not we have any notice of the possibility of such damages.
      2. your inability to use or access the System and any loss or damages which result, including as a result of any (i) termination or suspension of this Agreement or your use of or access to the System, (ii) our discontinuation of the System or changes to the service offered by the System (iii) any downtime of the System for any reason including but not limited to as a result of power outages, system failure, updates or other interruptions and (iv) interruption to the Software; or
      3. any alteration of, unauthorised access to, the deletion, destruction, corruption, damage, loss or failure to store any of Your Data.
    5. You further acknowledge that the system is not intended or suitable for use in situations where its failure, or time delays, or errors, or inaccuracies of the System, the content, data or information provided by the system or services could lead to death, personal injury, or physical damage.
    6. In the event that MM incurs any liability whatsoever, You agree that to the fullest extent permitted by law, MM's liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of MM to:
      1. in the case of goods - repair or replacement (at MM's election) at MM's cost;
      2. in the case of services - re-supply those services;
    7. Nothing in this Agreement purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Competition and Consumer Act 2010 (Cth) and other laws which cannot be modified or excluded.
    8. You indemnify us and will keep us indemnified on demand from and against all actions, claims, demands, losses, damages and expenses of whatever form or nature (including third party claims), including legal fees or other costs and disbursements that we sustain or incur as a direct, indirect or consequential result of your use of the System.
  20. Your Warranties
    1. You warrant that:
      1. You will comply with this Agreement;
      2. You will perform your responsibilities;
      3. You will only install and/or use the System on a computer which meets the Minimum System Requirements;
      4. You have the power to enter into this Agreement.
  21. Modifications to this Agreement
    1. We may modify this Agreement at any time by posting a revised version in the Systemor posting a copy on the MM website or by otherwise notifying You in accordance with this Agreement.
    2. The modified terms will become effective upon posting or, if we notify You by email, as stated in the email message. By continuing to use System after the effective date of any modifications to this Agreement, You agree to be bound by the modified terms.
  22. Privacy Policy
    1. By accessing or using the System, you acknowledge and accept our Privacy Policy. Our Privacy Policy can be accessed at: Privacy Policy
  23. Notices
    1. We may provide any notice to You under this Agreement by sending a message to the email address then associated with your Support & Update Subscription or by posting the notice in the System. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not You actually receive the email.
    2. To give us notice under this Agreement You must use the email or physical address displayed at: www.migrationmanager.com.au
  24. Governing law
    1. This Agreement is governed by and construed in accordance with the laws in force in New South Wales and the Commonwealth of Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia and the parties submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
  25. Severability
    1. Subject to clause 25.2, if a provision of this Agreement is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of this Agreement.
    2. Clause 25.1 does not apply if severing the provision materially alters the: (i) scope and nature of this Agreement; or (ii) the relative commercial or financial positions of the parties; or (iii) would be contrary to public policy.
  26. Waiver
    1. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
  27. Force Majeure
    1. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
  28. Definitions
    1. Agreement means these terms and conditions and any policies or terms linked to this Agreement from time to time.
    2. Client Portal means a cloud based service provided by MM that enables You to interact, communicate and transfer documents and Data between and with Your Client.
    3. Data means information, statistics, documents, files, biodata and includes personal data and information.
    4. Department means the Commonwealth Government department tasked with dealing with the entry, stay and departure arrangements of non-citizens how so ever named or defined by the applicable Commonwealth Administrative Arrangements Orders.
    5. Intellectual Property Rights means the rights comprised in any patent, copyright, design or trademark whether at common law or by statute, rights to apply for registration under a statute in respect of those or like rights and rights to protect trade secrets, goodwill or confidential information.
    6. MM, LEAPMM, LEAP Migration Manager, Migration Manager and LEAP means Migration Manager Pty Ltd (ABN: 95 117 139 125) and includes our related entities, affiliates, officers, directors, employees, members, managers, consultants, agents, and suppliers.
    7. MM Cloud Subscription means a subscription granted by MM to You, specifically granting You access to MM Cloud.
    8. MM Templates means any documents, forms or other types of precedents published or made available by MM.
    9. Licence Feesmeans any fees and expenses payable by You to use MM pursuant to any order or purchase agreement between You and MM.
    10. Minimum System Requirements means the Migration Manager System Requirements published on www.migrationmanager.com.au which are subject to change without notice
    11. Online Service means any service or product supplied by us that requires the use of computer or server services that are not located on your premises and are connected to via the internet. These services include: online questionnaires, client portal, email syncing, questionnaire importing, questionnaire merging, MM Cloud and any other online product or service provided by us.
    12. Questionnaire means any document, form, webpage or other process used to collect information for the purposes of importing data into the Software
    13. Software means the software Leap Migration Manager and any Additional Offering (if any).
    14. Student Version: means a modified version of the Software made available to students of Griffith University, Murdoch University and Victoria University who are currently enrolled in the University Course.
    15. Support & Update Subscription means a subscription granted by MM to You, granting You access to updates and technical support for the System for a specified period of time.
    16. System means the Software, its related services (including but limited to any templates, MM Cloud, Questionnaires, Client Portal) and related documentation.
    17. University Course means the Graduate Certificate in Australian Migration Law and Practice
    18. User(s) means anyone accessing or using MM and specifically includes You.
    19. ‘User Licence’ means a licence for a right for one individual to use the System, granted to You by MM in consideration for payment of the Licence Fees.
    20. You means you, or the entity or organization You represent, or any third party authorised by You to access the System.
    21. Your Client means any person or entity which you represent, undertake work for, provide services to, or provide advice to.
    22. Your Client's Data means the Data or content about  or provided by Your Client;
    23. Your Data means the Data or content You enter, upload, access using the System or transfer, process, use or store in the System and includes Data about Your Client.