Terms of Use - VisaBuddy

Last updated 9^th April 2025

These Terms

Introduction

VisaBuddy Limited (company number 9064094) (VisaBuddy, we, us) operates the www.visabuddy.co.nz website and mobile applications (together, the Site) and provides an online platform (Platform) to enable customers (Customers) to search for and obtain quotes for Immigration Advice and Services from New Zealand immigration advisers registered with VisaBuddy (Advisers), where Immigration Advice and Services means the provision of immigration advice within the meaning of that term in the Immigration Advisers Licensing Act 2007, and ancillary services. VisaBuddy also provides Immigration Advice and Services.

Binding Terms

By accessing and using the Site and Platform, all users (including Customers and Advisers) (Users) agree to be legally bound by these terms of use (Terms).

In addition to being bound by the Terms, each User will also be legally bound by any other written agreement entered into by that User as a Customer with VisaBuddy (as applicable), including, without limitation, a Client Agreement in connection with any Immigration Advice and Services to be provided by VisaBuddy to that Customer. For the avoidance of any doubt, for the purposes of these Terms, any reference to the term Adviser does not include VisaBuddy.

Use of the Site and Platform

Each User acknowledges and agrees its use of the Site and Platform are governed by these Terms. Each User may only use the Site and Platform in accordance with these Terms. All rights not expressly granted to Users in these Terms are reserved by VisaBuddy.

About VisaBuddy and the Services

Services

VisaBuddy operates and maintains the Platform on the Site and provides various services to Users, including services:

• enabling a Customer to accurately request quotes for proposed Immigration Advice and Services, according to the Customer’s circumstances and personalised criteria (Quote Request);
• enabling VisaBuddy to quote for, and provide, Immigration Advice and Services to the Customer or any other potential client;
• enabling Advisers to provide Immigration Advice and Services to a Customer, including:
  • notifying Advisers of the Quote Request;
  • enabling multiple Advisers to issue quotes, based on the Quote Request which, in each case, include the issuing Adviser’s trade terms that are capable of acceptance by the Customer (Adviser Quote);
  • providing Advisers with a pricing tool in the Platform (Pricing Tool) to assist Advisers to prepare accurate Adviser Quotes;
  • aggregating, curating and presenting Adviser Quotes to the Customer;
  • enabling the Customer to accept the Customer’s preferred Adviser Quote on the basis that, once accepted, the accepted Adviser Quote forms a binding contract (Adviser Engagement) between the Customer and the Adviser who issued the accepted Adviser Quote (Contracted Adviser); and
  • generating and sending to the Customer, on behalf of the Contracted Adviser, the Contracted Adviser’s invoice for the first instalment of the price payable by the Customer to the Contracted Adviser under the Adviser Engagement;
  • connecting the Customer with the Contracted Adviser; and
• ancillary and related services,

(together the Services).

While we will do our best, we do not guarantee that VisaBuddy will be able to provide Immigration Advice and Services, or match a Customer’s Quote Request needs with an Adviser, or that there are Advisers in the Customer’s area that are willing or able to complete the Immigration Advice and Services described in the Quote Request.

In connection with any Adviser Quote or Adviser Engagement, VisaBuddy supplies the Platform and Services but does not directly negotiate, and is not responsible for, any of the terms of any Adviser Quote or Adviser Engagement. For the avoidance of any doubt, in connection with any Immigration Advice and Services that VisaBuddy is engaged to provide, the Client Agreement entered into by VisaBuddy and the Customer governs the terms of that engagement.

The Customer and each Adviser acknowledge and agree that acceptance of an Adviser Quote legally binds the Customer to engage the Contracted Adviser to carry out, and binds the Contracted Adviser to carry out, the relevant Immigration Advice and Services in accordance with the price and other terms and conditions contained in the Adviser Engagement.

Exclusions

VisaBuddy:

• does not provide Users with advice, recommendations or opinions regarding any Adviser or any Immigration Advice and Services provided by an Adviser, and does not recommend or endorse, or induce any Customer to enter into a contract with, any Adviser;
• is not responsible or liable for the status, qualifications, validity, or quality of any Adviser or any Immigration Advice and Services provided by an Adviser;
• is not responsible or liable for any representations, warranties, guarantees or assurances, express or implied, that an Adviser or any third party makes or has made regarding any matter (including regarding any Immigration Advice and Services provided by the Adviser);
• does not give any guarantee or warranty that any Immigration Advice and Services provided by the Adviser will meet a Customer’s requirements, expectations or that any Immigration Advice and Services provided by the Adviser are accurate or comply with law; and
• is not responsible or liable for the information or content contained in any Quote Request or Adviser Quote, including, for the avoidance of doubt, where a Quote Request or Adviser Quote is false, inaccurate, untrue, misleading or if an Adviser does not have the right to provide any Immigration Advice and Services.

Use of Site, Platform and Services

User Information

On registering to use the Services, the Site or the Platform, each User warrants, agrees and undertakes:

• that they are at least 18 years old;
• to provide true, accurate, current and complete information about themselves and others as prompted by the Site or Platform (as applicable) (User Information);
• to promptly notify VisaBuddy, via the Site or Platform (as applicable), of any changes to their User Information in order to ensure that their User Information remains true, accurate, current and complete;
• to keep their account log-in details and unique password for the Site secure;
• that they will not post or provide their contact details anywhere on the Site other than in the relevant forms as requested by VisaBuddy; and
• that VisaBuddy is permitted to use AI (as that term is defined further below) in the performance of its Services and Immigration Advice and Services, including using User Information in connection with its use of AI.

Responsibility

Each User will be responsible and liable for all activity that occurs through its use of the Site and the Platform. VisaBuddy shall not be liable for any content, representations, statements, services, products or other information or data posted to the Site or the Platform by any User.

Users are responsible and liable for any and all comments, communications and messages posted on or via the Platform and Site, including where they are defamatory or breach the Harmful Digital Communications Act 2015. VisaBuddy will not be responsible for any User's misuse of the Site and Platform.

No illegal or malicious use

No User may use the Site or the Platform for any illegal purpose or any purpose not authorised by VisaBuddy, or post any information or data that is in breach of any legislation (including consumer protection laws), confidentiality obligations, copyright, trade mark or other intellectual property, proprietary or legal rights of any person or entity.

Users must not use the Site or the Platform for any malicious means or to abuse, harass, threaten, intimidate, defame or impersonate any User or any other person.

Interference

Users must not damage, interfere with or harm the Site or the Platform or introduce (or cause the introduction of) any malware, virus, spyware or other similar feature that in any way compromises or may compromise the Site or the Platform.

Access

Users may only access the Site and Platform through means approved by VisaBuddy, and not via methods such as indexing, scraping, data mining (to any large language model or AI platform, or otherwise), the use of a robot or spider, automation or any similar method of extraction or monitoring.

Use by other persons and entities

Any person or entity that accesses and uses the Site or the Platform on behalf of or via another User, including any director, officer, employee and independent contractor of any User that has been granted access by that User (Related Person), must be authorised to do so by that User and agree to these Terms in all respects. The User will be liable for any breach of these Terms by its Related Persons.

Good faith and no subversion

Each User agrees to act in good faith in connection with the Site, Platform, Services, VisaBuddy and other Users. Each User further agrees that, in respect of a Quote Request, an Adviser Quote, a Customer, or other request for Immigration Advice and Services (Transaction), that the User has become aware of via the Site, the Platform or the Services, the User will not:

• directly or indirectly arrange or complete (or attempt to arrange or complete) a Transaction outside of the Platform or Services;
• take any action that may undermine the Platform or Services;
• re-register for the Site, directly or through another person or under another name, after rights to use the Site, Platform or Services have been terminated by VisaBuddy for breach of these Terms;
• refer a User to a third party for the provision of Immigration Advice and Services outside the Platform, except as otherwise provided in these Terms;
• manipulate any Adviser Quote or Quote Request;
• seek any payment in connection with the provision of Immigration Advice and Services, except as otherwise provided in these Terms;
• otherwise seek to subvert or circumvent the purpose of the Platform or the Services; or
• encourage any other person to carry out any of the above actions.

AI

For the purposes of these Terms, AI refers to any technology, whether developed internally by or on behalf of VisaBuddy or provided by third-party platforms, that performs tasks typically requiring human intelligence, including but not limited to machine learning algorithms, natural language processing tools (such as large language models), computer vision tools, and automated decision- making systems or recommendation engines, and examples of which include ChatGPT, Bing Chat, Google Bard, GitHub Co-Pilot, among others.

VisaBuddy may utilise AI technologies to enhance the efficiency, accuracy, and cost-effectiveness of the Services and the Immigration Advice and Services that it has been engaged to provide by a Customer. These tools assist in various aspects of the delivery of the Services and the Immigration Advice and Services, including assessing quote requests, analysis, predictive analytics and drafting.

In respect of Immigration Advice and Services provided by VisaBuddy, while AI tools may play a supportive role in delivering such advice and services, all decisions, opinions, and advice provided to Customers will involve the professional judgment and oversight of licensed immigration advisers. AI tools are used to assist rather than replace human expertise.

VisaBuddy recognises the sensitive nature of the information the Users share with it and take its confidentiality obligations seriously. When using AI tools, VisaBuddy will submit data only as necessary to support the provision of Services and Immigration Advice and Services and will employ reasonable safeguards to protect against unauthorised access or misuse.

Any information shared with third-party AI tools will be subject to confidentiality agreements and the terms of use of those tools. VisaBuddy will work to ensure compliance with relevant legal, ethical, and professional standards, taking care to minimise risks associated with processing identifiable, personal or sensitive information.

VisaBuddy will handle User data in accordance with applicable data protection laws and VisaBuddy’s Privacy Policy, noting that some service providers of AI tools may process data within or outside New Zealand. VisaBuddy will not use User data to train AI models and will not store User data on AI model platforms.

Adviser Obligations

Obligations

Each Adviser agrees to:

• comply with the Immigration Advisers Licensing Act 2007, Immigration Act 2009, and all relevant laws and regulations at all times;
• take all reasonable steps to ensure that Customer’s personal information is stored in a secure environment protected from unauthorised access, use, modification or disclosure;
• act fairly, honestly, and in good faith in all dealings with VisaBuddy and with Customers;
• not use the Platform or Site for any purpose other than for procuring Customers in respect of Quote Requests in accordance with these Terms;
• issue all Adviser Quotes using the Platform and not attempt to issue any quote directly to a Customer in any other manner;
• ensure that all Adviser Quotes issued by that Adviser are accurate, complete and contain all relevant terms and conditions of trade;
• not issue or provide any pricing information, estimates, quotes or invoices to any Customer in relation to any Immigration Advice and Services, in any manner other than through the Site, until after that Customer has accepted the Adviser’s Adviser Quote relating to that Immigration Advice and Services;
• not attempt to contact any Customer directly unless and until the Customer has accepted an Adviser Quote issued by that Adviser;
• immediately inform VisaBuddy whenever a Customer:
  • accepts an Adviser Quote from the Adviser; or
  • agrees with the Adviser upon any increase to any amount payable by the Customer to the Adviser, from the corresponding amount recorded in the Adviser Quote;
• upon acceptance of an Adviser Quote, contract directly with the Customer and provide reasonable payment terms in NZ dollars and including GST, if the Adviser is GST registered;
• pay all fees to VisaBuddy in accordance with these Terms and the terms of any Pricing Agreement with VisaBuddy and not intentionally avoid or seek to circumvent VisaBuddy’s fees payable under these Terms or any Pricing Agreement;
• only accept a contract to provide Immigration Advice and Services to a Customer if the Adviser has the capacity, resources and necessary skills and qualifications to do so in a lawful and timely manner; and
• comply with the terms of any Adviser Engagement to which that Adviser is a party.

Customer Obligations

Obligations

Each Customer agrees:

• to act fairly, honestly and in good faith in all dealings with VisaBuddy and with Advisers;
• that there is no guaranteed outcome of the Adviser Engagement and VisaBuddy has no influence on the decisions made by Immigration New Zealand or any other department of the New Zealand Government;
• to only place a Quote Request if the Customer intends to procure Immigration Advice and Services;
• to not use the Platform or Site for any purpose other than for procuring the provision of Immigration Advice and Services from VisaBuddy or Advisers in accordance with these Terms;
• to not attempt to contact any Adviser directly unless and until the Customer has accepted an Adviser Quote issued by that Adviser;
• to the Customer’s personal information and contact details being supplied to Advisers in order for Advisers to provide Adviser Quotes; and
• to comply with the terms of any Adviser Engagement to which that Customer is a party.

VisaBuddy Fees

Fees

Where the Customer engages VisaBuddy to provide Immigration Advice and Services, VisaBuddy will be remunerated in accordance with the terms of each Client Agreement (and any other written agreement) between VisaBuddy and that Customer.

Where the Customer and the Adviser enter into an Adviser Engagement, VisaBuddy is remunerated for providing the Site, Platform and Services by Advisers by way of payment of fees as agreed between VisaBuddy and each Adviser under the terms of a pricing agreement (Pricing Agreement). Each Customer agrees and acknowledges that such fees are payable to VisaBuddy by the Adviser, and may be included by the Adviser as one of the many business costs that may be taken into account by the Adviser in setting any Adviser Quote and thus passed on to the Customer.

Except as set out above, VisaBuddy does not seek or require any direct payment from the Customer for the provision of any Services or the use of the Site or the Platform.

Intellectual Property

Ownership

All Users agree that VisaBuddy owns all of the intellectual property rights existing in the Services, the Site and the Platform (and all underlying systems and improvements).

Restriction

Users may not adapt, reproduce, copy, store, distribute, publish or create derivative works from any part of the Site or Platform or commercialise or on-sell any information obtained from the Services, Site or Platform without VisaBuddy's prior written consent (which may be given or withheld at its sole and absolute discretion).

Branding

No User may publish or use VisaBuddy's trade marks, brand, branding or logos except with VisaBuddy's prior written consent (which may be given or withheld at its sole and absolute discretion).

Licence

Each User grants to VisaBuddy an irrevocable, perpetual, non-exclusive, royalty-free worldwide licence to use, copy, display and distribute content that such User submits to or publishes on the Site or via the Platform. Each User warrants that use of such intellectual property does not infringe any third party rights, and indemnifies VisaBuddy for any loss suffered as a result of breach of this warranty.

Liability of VisaBuddy

Liability

The Site and Platform are provided by VisaBuddy as a platform to connect VisaBuddy, Customers and Advisers on an “as is” and “as available” basis. VisaBuddy accepts no liability in relation to any contract or Adviser Engagement entered into between a Customer and Adviser, the provision of any Immigration Advice and Services, which are the subject of any Adviser Engagement, or for any acts or omissions of any User.

Each Adviser agrees and acknowledges that the Pricing Tool is made available to the Adviser on an “as is” and “as available” basis to assist the Adviser to generate Adviser Quotes in an efficient and timely manner. VisaBuddy accepts no responsibility for any error or omission in the Pricing Tool and gives no guarantees or warranties as to the accuracy or fitness for purpose of the Pricing Tool.

To the extent permitted by law, VisaBuddy will not be liable (whether for breach of contract, negligence or any other cause of action) to any User for any indirect loss, lost profits or any indirect, consequential or special loss or damage, loss of revenue, economic loss or damage, loss of business or profits (including lost contracts with customers) or anticipated business or profits, loss of goodwill, loss of anticipated savings or for any other business interruption arising out of, or in connection with, the Site, Platform or Services or any use of the Site, Platform or Services.

If VisaBuddy is liable for any reason for any loss suffered or liability incurred by a User arising from any breach of these Terms, or for any other reason (including a User's use of or reliance on the Site or the Platform or the Pricing Tool), to the extent permitted by law, VisaBuddy's liability (whether arising in contract, tort (including negligence) or otherwise) is limited to NZ$500.

Warranties

To the extent permitted by law, all express and implied warranties and representations (whether under statute, common law or otherwise) which might apply to or otherwise arise out of these Terms are hereby expressly excluded by VisaBuddy.

For all Immigration Advice and Services, the terms of the contract as between VisaBuddy and the Customer, and between the Customer and Adviser will apply and may contain certain warranties and limits or exclusions of liability. The Adviser is responsible for all applicable statutory warranties, if any, in relation to Immigration Advice and Services supplied by that Adviser. The Adviser will indemnify and reimburse VisaBuddy, and VisaBuddy reserves the right to pursue the Adviser, for all costs, losses, damages, or liabilities that VisaBuddy may suffer or incur in connection with any claim by a Customer relating to an Adviser Engagement to which the Adviser is a party.

Consumer Guarantees Act

Nothing in these Terms is intended to affect a Customer’s rights under the Consumer Guarantees Act 1993, except to the extent that a Customer is in trade and uses the Services, Platform or Site in trade. Where a User is in trade and the Site, Platform or Services are acquired in trade, the User and VisaBuddy expressly contract out of the provisions of the Consumer Guarantees Act 1993.

Fair Trading Act

For the purposes of section 5D of the Fair Trading Act 1986, VisaBuddy and each Adviser agree that as between them:

• the Platform, Site and Services are being supplied and acquired in trade;
• VisaBuddy and each Adviser are in trade;
• sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to these Terms of Use or any Pricing Agreement or to any matters, information, representations or circumstances covered by these Terms of Use or any Pricing Agreement; and
• it is fair and reasonable that VisaBuddy and the Adviser are bound by this clause.

Indemnity

Each User hereby indemnifies, and will keep indemnified, VisaBuddy against all forms of liability, actions, proceedings, demands, costs, charges and expenses which VisaBuddy may incur or be subject to or suffer, directly or indirectly, as a result of or in connection with that User's use of the Site, Platform or Services or that User’s breach of these Terms.

Disputes

Disputes with VisaBuddy

If a User has a concern, dispute or issue with the Site, Platform or Services, the User should promptly notify VisaBuddy and give VisaBuddy an opportunity to try to resolve the concern. If the concern cannot be resolved by VisaBuddy within 40 days, the User may exercise any valid rights at law.

Disputes between Customers and Advisers

Each Customer agrees that they will try to resolve any disputes that arise with an Adviser directly with the Adviser. If the dispute cannot be resolved directly with the Adviser, the Customer has the right to complain to the Immigration Advisers Authority. Customers acknowledge and agree that VisaBuddy is not party to Adviser Engagements and that VisaBuddy will not be party to, or involved in, any dispute resolution process other than as required by law.

Changes to the Site, Platform and Services

Site, Platform or Services changes

VisaBuddy may (in its sole discretion) amend, alter or cease to provide the Site, Platform, including any content, format, features and functionality, or any Services at any time without notice to Users.

Content

VisaBuddy reserves the right to edit and remove any content posted to or via the Site or the Platform by any User (in its sole and absolute discretion), including any content that it considers to breach these Terms or otherwise be offensive, objectionable, false, misleading or otherwise unlawful (to the extent that a User may post any content).

Termination and Suspension of Account

If a User does not comply with these Terms, VisaBuddy may at any time, immediately and without notice, terminate or suspend that User's account and refuse to provide any Services to that User and refuse access to the Site or Platform.

If a User’s account is terminated or suspended, the User’s account will be deactivated and all the User’s rights under these Terms will immediately end. VisaBuddy will not be liable for any loss arising as a result of or following the termination or suspension of a User’s account.

Site Upgrades and Issues

The Site and Platform are provided on an “as is” and “as available” basis.

VisaBuddy will try to promptly address (during normal business hours) any technical issues that arise on the Site or Platform. VisaBuddy may from time to time undertake upgrades and maintenance of the Site and the Platform and its systems. These actions may result in restrictions on use.

VisaBuddy does not warrant that the Site or Platform will be uninterrupted, secure, error free or reliable. VisaBuddy will not be liable for any loss, damage or delay suffered as a result of any partial or total breakdown of the Site or the Platform or any technical malfunctions, the Site or the Platform being unavailable or performing slowly, or any viruses or other forms of interference that may damage any User's computer system.

Privacy Policy

Application

VisaBuddy may store, use and disclose the User’s personal information in accordance with VisaBuddy's Privacy Policy (which can be viewed by clicking here).

General

Interpretation

Words in the singular shall include the plural and vice versa. Headings have been inserted for convenience only and shall not affect the construction of these terms. Any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done.

Amendments

VisaBuddy reserves the right to amend these Terms at any time by providing a Site announcement or other notice. Any User who continues to use the Site or the Platform after any such announcement will be deemed to have agreed to such amendments.

Priority of Terms

In the event of any ambiguity or conflict arising between the terms of the applicable Pricing Agreement, these Terms, the applicable Client Agreement and any standard trade terms of the Adviser, then:

• the applicable Pricing Agreement will prevail over these Terms and any standard trade terms of the Adviser;
• the terms of the applicable Client Agreement will prevail over these Terms in connection with the provision of Immigration Advice and Services by VisaBuddy; and
• these Terms will prevail over any standard trade terms of the Adviser,

as between the parties.

Links

Unless expressly stated otherwise by VisaBuddy, any link on the Site or the Platform to other websites or platforms does not imply any endorsement, approval or recommendation of those sites, their operators, or their products or services and VisaBuddy takes no responsibility for the accuracy, legality or content of any external site.

Foreign Use

VisaBuddy makes no representation or warranty that the Site or the Platform is appropriate or available for use in all countries or that the content satisfies the laws of all countries. All Users are responsible for ensuring that their access to and use of the Site and Platform is not illegal or prohibited in their relevant country.

No Waiver

VisaBuddy will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by VisaBuddy. A failure to exercise or delay in exercising any right by VisaBuddy under these Terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.

Assignment

No User shall be permitted to assign or transfer any of their rights or obligations under these Terms without VisaBuddy's prior written consent. VisaBuddy shall be entitled (in its sole and absolute discretion) to assign and transfer any of its rights or obligations under these Terms, and the consent of Users shall not be required for any such assignment or transfer.

Further Assurances

Each User will sign all documents, and do all things, as may reasonably be required in order to give effect to the provisions of these Terms.

Severability

If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will remain valid and enforceable to the fullest extent permitted by law.

Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of New Zealand. All Users and VisaBuddy irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to these Terms.