TERMS AND CONDITIONS OF USE
www.skilledmigrationgroup.com
Owned and operated by Skilled Migration Group Limited
Website owner and operator: Skilled Migration Group Limited, a company incorporated in the Hong Kong Special Administrative Region of the People’s Republic of China (the "Company", "we", "us" or "our").
Registered address: 145 Hennessy Rd, Wan Chai, 999077, Hong Kong SAR.
Contact: All communications, notices, enquiries, requests and correspondence of any kind must be made in writing and sent by post to the registered address stated above. The Company does not offer, maintain or accept contact by email, telephone or any other means. Contact is by post only.
IMPORTANT - PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. These Terms contain provisions that limit and exclude the liability of the Company and the Protected Parties (defined below), require you to indemnify the Company, waive and release claims, exclude class actions, and require that disputes be resolved by confidential arbitration in Hong Kong under Hong Kong law. By accessing or using the Website you confirm that you have read, understood and agreed to be bound by these Terms in their entirety. If you do not agree, you must not access or use the Website.
1. ABOUT THE WEBSITE AND AGREEMENT TO THESE TERMS
1.1 These terms and conditions of use (the "Terms") govern all access to and use of the website located at www.skilledmigrationgroup.com, together with all pages, subdomains, content, functions, tools and services made available through it (collectively, the "Website").
1.2 The Website is a job board and candidate introduction platform through which: (a) invited individuals seeking employment and/or employer-sponsored visa opportunities ("Candidates") may, by invitation only, create a profile and submit information; and (b) employers, prospective employers, their agents and other organisations permitted by the Company to view or receive Candidate information ("Employer Users") may review vacancies, post vacancies where permitted, and assess Candidates. Candidates and Employer Users are together referred to as "Users", "you" or "your".
1.3 These Terms constitute a legally binding agreement between you and the Company. By accessing, browsing, registering with or otherwise using the Website in any manner, you accept and agree to be bound by these Terms and by any policies referred to in them, each as amended from time to time.
1.4 If you use the Website on behalf of a company, partnership or other organisation, you represent and warrant that you are authorised to bind that organisation, and references to "you" include that organisation.
1.5 The Company may amend these Terms at any time by posting the amended Terms on the Website. Amendments take effect upon posting. Your continued use of the Website after posting constitutes acceptance of the amended Terms. It is your responsibility to review these Terms regularly.
2. DEFINITIONS AND INTERPRETATION
2.1 In these Terms, unless the context otherwise requires:
(a) "Applicable Law" means all laws, regulations, ordinances, codes, rules and mandatory standards that apply to the Website, the Company or a User in a relevant jurisdiction, including the laws of the Hong Kong SAR, the Commonwealth of Australia, New Zealand and, where applicable to data protection, the European Union;
(b) "Claim" means any actual, threatened or potential claim, demand, action, suit, proceeding, complaint, cause of action, arbitration, counterclaim, cross-claim or allegation of any kind, whether present, future, fixed or contingent, known or unknown, arising in contract (including breach of contract), tort (including negligence, negligent misstatement and breach of statutory duty), equity, restitution, under statute, under indemnity or otherwise, and includes any claim for Losses;
(c) "Losses" means all losses, damages, liabilities, costs, expenses, fees (including legal fees and expenses on a full indemnity basis), fines, penalties, interest and charges of every description, whether direct, indirect, incidental, special, consequential, punitive or exemplary, and includes loss of income, loss of earnings, loss of profits, loss of revenue, loss of business, loss of opportunity (including loss of any employment, job offer, visa, immigration status or migration outcome), loss of goodwill, loss of reputation, loss of data, wasted expenditure and economic loss of any kind;
(d) "Protected Parties" means, together and individually: (i) the Company; (ii) each present, former and future holding company, subsidiary, related or affiliated entity of the Company; and (iii) each present, former and future director, shareholder, member, beneficial owner, public officer, company secretary, officer, employee, staff member, agent, representative, adviser, consultant, contractor, sub-contractor, licensor, service provider, successor and assign of the Company or of any entity referred to in (ii), each of whom is intended to have the benefit of, and be entitled to enforce, these Terms;
(e) "User Content" means all information, data, text, documents, résumés, curricula vitae, qualifications, references, images and other materials submitted, uploaded or otherwise provided to the Website or the Company by or on behalf of a User;
(f) "Vacancy" means any job, role, position or opportunity posted, listed, described or referred to on the Website.
2.2 Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa. "Including" and similar expressions are not words of limitation. No rule of construction applies to the disadvantage of the Company because the Company prepared these Terms.
3. ELIGIBILITY AND INVITATION-ONLY REGISTRATION
3.1 Invitation only. A Candidate profile may be created on the Website only upon and pursuant to an express invitation issued by Skilled Migration Group Limited. No person has any right to create a profile, register or receive any service in the absence of such an invitation. The Company may issue, withhold, condition, limit, suspend or withdraw any invitation at any time, in its absolute and unfettered discretion, without notice, without giving reasons and without any liability whatsoever.
3.2 You must be at least 18 years of age and have full legal capacity to enter into a binding contract in order to use the Website. By using the Website you represent and warrant that this is the case.
3.3 The Company may refuse, restrict, suspend or terminate any User’s access to the Website, or remove any profile or content, at any time, in its absolute discretion, without notice, without giving reasons and without any liability whatsoever.
3.4 You are responsible for maintaining the confidentiality of any login credentials issued to or created by you and for all activity occurring under your account. You must notify the Company by post if you become aware of any unauthorised use of your account. The Company is not liable for any Losses arising from unauthorised use of your account.
4. NATURE OF THE SERVICE; NO FEE FOR USERS
4.1 Free service. Users do not pay any fee, charge or other consideration to the Company for use of the Website or for the services made available to Users through it. The Website is provided to Users free of charge, on an "as is" and "as available" basis, and as a voluntary facility which the Company may modify, restrict, suspend or discontinue at any time without notice and without liability.
4.2 Introduction platform only. The Website is an information and introduction platform only. The Company: (a) is not an employer of any Candidate and does not offer employment; (b) does not act as agent, fiduciary, adviser or representative of any User; (c) does not verify, endorse, recommend or guarantee any Vacancy, Employer User, Candidate, or any information appearing on the Website; and (d) is not a party to, and has no responsibility for, any dealings, negotiations, contracts, employment relationships or other arrangements between a Candidate and any Employer User or third party.
4.3 No immigration, legal or professional advice. Nothing on the Website, and nothing communicated by or on behalf of the Company, constitutes immigration advice, migration assistance, legal advice, tax advice, financial advice or professional advice of any kind, in any jurisdiction, including for the purposes of the Migration Act 1958 (Cth) of Australia or the Immigration Advisers Licensing Act 2007 of New Zealand. Any assessment of your information against visa criteria or job requirements is an informal, preliminary and non-binding screening exercise carried out for the Company’s own operational purposes only, and must not be relied upon by you for any purpose. You must obtain your own independent advice from an appropriately qualified and (where required) licensed or registered adviser before making any decision relating to employment, migration or visas.
4.4 No guarantee of outcome. The Company gives no assurance, representation, warranty or guarantee of any kind that: (a) any Vacancy is or remains available, accurate or genuine; (b) you will receive any interview, offer of employment, sponsorship or nomination; (c) you meet or will meet the criteria for any visa or any job; (d) any visa, work permit or immigration approval will be applied for, granted, maintained or renewed; or (e) any particular outcome of any kind will be achieved. All decisions regarding employment are made solely by the relevant Employer User, and all decisions regarding visas are made solely by the relevant government authority, in each case entirely outside the Company’s control.
5. YOUR INFORMATION - CONSENT TO USE AND DISCLOSURE
5.1 Consent to assessment. By providing any information to the Website or the Company, you expressly agree and consent that Skilled Migration Group Limited may collect, hold, use, analyse and otherwise process any and all information provided by you or on your behalf (including all User Content and any personal data contained in it) for the purposes of: (a) assessing your ability, suitability or eligibility to meet the criteria for any visa, work permit or immigration category of any jurisdiction; (b) assessing your ability, suitability or eligibility to meet the requirements of any Vacancy posted on the Website; and (c) operating, administering, securing and improving the Website and the Company’s services.
5.2 Consent to disclosure to potential employers. You further expressly agree and consent that the Company may provide, disclose and transfer your information (including your profile, User Content and any personal data contained in them) to any Employer User or other potential employer, and to its officers, employees, agents and advisers, in any jurisdiction, that may wish to consider you for, or offer you, a job, in order that such employer or client can assess whether you meet its job application criteria, and for related recruitment, sponsorship and visa-nomination purposes.
5.3 You warrant that all information you provide is true, accurate, complete, current and not misleading, that you are entitled to provide it, and that where it includes personal data of any other person you have obtained that person’s informed consent to its collection, use and disclosure as described in these Terms. You must promptly update your information if it changes.
5.4 The Company has no obligation to use, assess, forward, disclose or act upon any information you provide, and no obligation to present you or your profile to any Employer User. Once information is disclosed to an Employer User or other third party in accordance with these Terms, that party’s handling of the information is outside the Company’s control and the Company has no responsibility or liability for it.
5.5 Your personal data will otherwise be handled in accordance with Section 13 (Data Protection and Privacy).
6. ADDITIONAL TERMS FOR EMPLOYER USERS
6.1 An Employer User may access Candidate information only for the purpose of assessing Candidates for genuine, lawful employment opportunities and associated sponsorship or visa-nomination processes, and for no other purpose.
6.2 Each Employer User must: (a) keep Candidate information confidential and secure; (b) use it only as permitted by clause 6.1 and by Applicable Law, including all applicable data protection, privacy, employment, discrimination and immigration laws of Hong Kong, Australia, New Zealand and (where applicable) the European Union; (c) not copy, sell, license, scrape, aggregate or further disclose Candidate information except as strictly necessary for the permitted purpose; and (d) securely destroy or return Candidate information when it is no longer required for the permitted purpose.
6.3 Each Employer User is solely responsible for: (a) the accuracy, lawfulness and content of any Vacancy it posts or requests to be posted; (b) its own recruitment decisions, employment terms, sponsorship undertakings and visa nominations; and (c) its compliance with all Applicable Law in every jurisdiction in which it operates or recruits. The Company does not verify Vacancies, Employer Users or their lawful status and accepts no responsibility for them.
6.4 Each Employer User indemnifies the Protected Parties in accordance with Section 10 in respect of its use of Candidate information and its Vacancies, recruitment activities and employment or sponsorship decisions.
7. ACCEPTABLE USE
7.1 You must not, and must not attempt to, in connection with the Website:
(a) use the Website for any unlawful, fraudulent, deceptive or misleading purpose, or in breach of any Applicable Law;
(b) provide false, misleading, incomplete or fraudulent information, or impersonate any person or misrepresent your identity, qualifications, experience or immigration status;
(c) upload or transmit any material that is defamatory, discriminatory, offensive, infringing, or that contains viruses or other harmful code;
(d) scrape, harvest, data-mine, copy, frame or mirror any part of the Website or its content, or use any robot, spider or automated means to access the Website;
(e) interfere with, disrupt, overload, reverse engineer, decompile or compromise the security or operation of the Website or any account of any other User;
(f) use the Website to advertise, solicit or recruit for any purpose not expressly permitted by the Company; or
(g) assist, procure or permit any other person to do any of the above.
7.2 You are solely responsible and liable for all User Content you provide and for your use of the Website. The Company may (but has no obligation to) monitor, review, edit, refuse or remove any User Content at any time without notice and without liability.
8. INTELLECTUAL PROPERTY
8.1 All intellectual property rights in and to the Website, its design, software, databases, text, graphics, logos, trade marks and other content (other than User Content) are owned by or licensed to the Company. Nothing in these Terms transfers any such rights to you. You are granted only a limited, personal, revocable, non-exclusive, non-transferable licence to access and use the Website for its intended purpose in accordance with these Terms.
8.2 By submitting User Content you grant the Company a worldwide, royalty-free, irrevocable, sublicensable licence to host, store, reproduce, adapt, communicate, disclose and otherwise use that User Content for the purposes described in these Terms, including the purposes set out in Section 5.
9. DISCLAIMERS
9.1 To the maximum extent permitted by Applicable Law, the Website and all content, information, tools, assessments and services made available on or through it are provided strictly on an "as is", "as available" and "with all faults" basis, without warranties, conditions, guarantees or representations of any kind, whether express, implied, statutory or otherwise, all of which are hereby excluded to the fullest extent permitted, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, completeness, timeliness, reliability, title, quiet enjoyment, non-infringement, or that the Website will be secure, uninterrupted, error-free or free of viruses or other harmful components.
9.2 Without limiting clause 9.1, the Protected Parties make no representation or warranty and give no guarantee as to: (a) the existence, availability, accuracy, legality or genuineness of any Vacancy; (b) the identity, solvency, conduct, legal standing or suitability of any Employer User, Candidate or other User; (c) the accuracy or outcome of any assessment of any User’s information against visa criteria or job requirements; (d) the grant, refusal, cancellation or conditions of any visa or immigration permission; or (e) the conclusion, terms, performance or termination of any employment or other relationship between Users.
9.3 The Website may contain links to, or content from, third-party websites and resources. Such links and content are provided for convenience only. The Protected Parties do not endorse and are not responsible or liable for any third-party websites, content, products or services, or for any dealings you may have with third parties.
9.4 You acknowledge and agree that you use the Website, and act or refrain from acting on any information obtained through it, entirely at your own risk, and that you have not relied on any statement, representation, assessment or conduct of any Protected Party in deciding to use the Website or in making any decision concerning employment, migration, visas, travel, relocation, finances or otherwise.
10. INDEMNITY BY THE USER
10.1 To the maximum extent permitted by Applicable Law, you agree to indemnify, defend and hold harmless each of the Protected Parties, on demand and on a continuing basis, from and against any and all Claims and Losses (including legal costs on a full indemnity basis) suffered or incurred by any Protected Party arising out of or in connection with, directly or indirectly:
(a) your access to or use of, or inability to access or use, the Website;
(b) any User Content or other information provided by you or on your behalf, including any inaccuracy, incompleteness or unlawfulness of it, and any infringement of any third party’s rights (including intellectual property, privacy and data protection rights);
(c) your breach of these Terms or of any Applicable Law;
(d) any dealings, communications, negotiations, contracts, employment, sponsorship, nomination or other relationships or arrangements between you and any other User or third party, whether or not initiated through the Website;
(e) any visa, immigration or migration application, decision, refusal, cancellation, condition or outcome concerning you or any person connected with you; and
(f) any Claim brought against any Protected Party by any third party in connection with any of the matters listed above.
10.2 This indemnity survives termination of these Terms and your ceasing to use the Website. The Protected Parties hold the benefit of this indemnity for themselves and, in the case of the Company, on trust for each other Protected Party.
11. EXCLUSION AND LIMITATION OF LIABILITY; RELEASE
11.1 Complete exclusion of liability. To the maximum extent permitted by Applicable Law, the Protected Parties shall have no liability whatsoever to you or to any person claiming through or on behalf of you, whether in contract, tort (including negligence, negligent misstatement and breach of statutory duty), equity, restitution, under statute, under indemnity or otherwise, for any Claim or any Losses of any kind arising out of or in connection with, directly or indirectly:
(a) the Website, its content, or any error, omission, inaccuracy, defect, delay, interruption, suspension, discontinuance, corruption, loss of data, virus or security incident relating to it;
(b) any invitation issued, withheld or withdrawn, any refusal of registration, or any suspension, restriction or termination of any account, profile or access;
(c) any assessment (or failure or refusal to make any assessment) of any User’s information against visa criteria or job requirements, and any use, disclosure or transfer of User information contemplated by these Terms;
(d) any Vacancy, any act or omission of any Employer User, Candidate or other User or third party, any employment or sponsorship decision, and any relationship, contract or dispute between Users or between a User and a third party;
(e) any visa, work permit or immigration application, decision, delay, refusal, cancellation or condition, or any migration outcome of any kind;
(f) any reliance by you on any information, content or assessment obtained on or through the Website; and
(g) any other matter relating to these Terms or the Website, howsoever arising, whether or not the relevant Protected Party has been advised of, or knew or ought to have known of, the possibility of such Losses.
11.2 No indirect or consequential loss. Without limiting clause 11.1 and to the maximum extent permitted by Applicable Law, in no circumstances will any Protected Party be liable for any indirect, incidental, special, consequential, punitive or exemplary loss or damage, nor for any loss of income, earnings, profits, revenue, business, opportunity, employment, job offer, visa or immigration status, goodwill, reputation, data or anticipated savings, in each case however caused.
11.3 Monetary cap. If, notwithstanding the other provisions of these Terms, any Protected Party is found liable to you for any Claim, then to the maximum extent permitted by Applicable Law the aggregate total liability of all Protected Parties together, for all Claims in the aggregate, shall not exceed HK$100, reflecting the fact that the Website is provided to you entirely free of charge.
11.4 Release. To the maximum extent permitted by Applicable Law, you irrevocably and unconditionally release, discharge and forever hold harmless each Protected Party from and against all Claims and Losses described in this Section 11, and you covenant not to sue, join, assist or fund any proceeding against any Protected Party in respect of them. This release may be pleaded as a full and complete defence to, and bar against, any such proceeding.
11.5 No personal liability. You acknowledge and agree that in no circumstances will any director, shareholder, member, public officer, officer, employee, staff member, agent, adviser, consultant or contractor of the Company incur any personal liability of any kind to you, and you irrevocably waive and release any Claim against any of them personally. You agree that you will bring any permitted Claim (if any) solely against the Company and not against any other Protected Party.
11.6 Time bar. To the maximum extent permitted by Applicable Law, any permitted Claim against a Protected Party must be commenced within six (6) months after the events giving rise to the Claim first occurred, failing which the Claim is permanently and absolutely barred, waived and released.
11.7 Assumption of risk; sole remedy. You accept and assume all risk associated with your use of the Website and with any employment, migration or visa process. Your sole and exclusive remedy for any dissatisfaction with the Website or these Terms is to stop using the Website.
11.8 Statutory carve-out. Nothing in these Terms excludes, restricts or modifies: (a) liability for death or personal injury caused by negligence to the extent such liability cannot lawfully be excluded under the Control of Exemption Clauses Ordinance (Cap. 71) of Hong Kong or other Applicable Law; (b) liability for fraud or fraudulent misrepresentation; or (c) any guarantee, right or remedy conferred by Applicable Law (including the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth), the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ)) which cannot lawfully be excluded, restricted or modified. Where such a non-excludable guarantee, right or remedy applies and it is lawful to do so, the liability of the Protected Parties is limited, at the Company’s option, to the re-supply of the relevant services or the payment of the cost of having the services supplied again. All exclusions, releases, limitations, indemnities and waivers in these Terms apply only to the maximum extent permitted by Applicable Law, and each is to be read down to the extent (and only to the extent) necessary to be valid and enforceable.
11.9 Each exclusion, limitation, release, waiver, indemnity and protection in these Terms: (a) is a separate and severable provision; (b) is cumulative with every other such provision; (c) survives termination of these Terms; and (d) is held and enforceable by the Company for itself and on trust for the benefit of each other Protected Party, each of whom may enforce it directly, including pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong.
12. SUSPENSION, TERMINATION AND CHANGES TO THE WEBSITE
12.1 The Company may at any time, in its absolute discretion, without notice, without giving reasons and without liability: (a) modify, update, restrict, suspend or permanently discontinue the Website or any part of it; (b) suspend or terminate any User’s registration, profile or access; and (c) remove any content from the Website.
12.2 You may stop using the Website at any time and may request closure of your profile by writing to the Company by post at its registered address.
12.3 Upon any termination, all provisions of these Terms which by their nature should survive shall survive, including Sections 5, 8, 9, 10, 11, 13, 14, 15 and 16.
13. DATA PROTECTION AND PRIVACY
13.1 Commitment. The Company is committed to handling personal data in compliance with applicable data protection and privacy laws, including: (a) the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong (the "PDPO"), including its Data Protection Principles; (b) the Privacy Act 1988 (Cth) of Australia, including the Australian Privacy Principles, to the extent applicable; (c) the Privacy Act 2020 of New Zealand, including its Information Privacy Principles, to the extent applicable; and (d) Regulation (EU) 2016/679 (the General Data Protection Regulation, "GDPR") and, where relevant, the UK GDPR, to the extent applicable to any User located in the European Economic Area or the United Kingdom.
13.2 What we collect. The Company collects the personal data that you provide when you are invited to create, and create, a profile and when you use the Website, which may include your name, contact details, date of birth, nationality, residency and visa status, passport details, qualifications, licences, employment history, references, résumé/CV content, language ability, and any other information you choose to provide. Where you provide sensitive or special category data (for example health information relevant to a visa medical criterion), you expressly consent to its processing for the purposes stated in these Terms.
13.3 Purposes and legal bases. Personal data is collected, held, used and disclosed for the purposes set out in Section 5, namely: assessing your ability to meet visa criteria and/or the requirements of Vacancies; providing your information to Employer Users and other potential employers so that they can assess whether you meet their job application criteria; communicating with you; and operating, securing, administering and improving the Website. For Users to whom the GDPR applies, the legal bases relied on are: your consent (Article 6(1)(a) and, for special category data, Article 9(2)(a)); performance of, or steps prior to entering, a contract (Article 6(1)(b)); compliance with legal obligations (Article 6(1)(c)); and the Company’s legitimate interests in operating a recruitment introduction platform (Article 6(1)(f)).
13.4 Disclosure. Personal data may be disclosed to: (a) Employer Users and other potential employers and their officers, employees, agents and advisers, as described in clause 5.2; (b) the Company’s service providers and contractors who host, support or help operate the Website, under obligations of confidentiality; (c) professional advisers; and (d) courts, tribunals, regulators and government authorities where required or permitted by Applicable Law. Personal data is not sold to third parties and is not used for direct marketing by unrelated third parties. The Company will not use your personal data for its own direct marketing without the consent required by the PDPO.
13.5 Cross-border transfers. You acknowledge and consent that, given the international nature of employer-sponsored migration, your personal data may be transferred to, stored in and processed in jurisdictions outside your home jurisdiction, including Hong Kong, Australia, New Zealand and the jurisdictions of Employer Users, which may have different levels of data protection. Where the GDPR applies to a transfer, the Company will rely on appropriate safeguards or applicable derogations, including your explicit consent (Article 49(1)(a)) and transfers necessary for the conclusion or performance of a contract concluded in your interest (Article 49(1)(b)-(c)). Where the Australian Privacy Act applies, you consent for the purposes of Australian Privacy Principle 8.2(b) to disclosures of your personal information to overseas recipients on the basis that, having been so informed, APP 8.1 will not apply. Where the New Zealand Privacy Act 2020 applies, you authorise disclosure to overseas recipients for the purposes of Information Privacy Principle 12(1)(a).
13.6 Security and retention. The Company takes reasonable steps, appropriate to the nature of the data, to protect personal data against unauthorised or accidental access, loss, use, modification or disclosure, and to retain personal data only for as long as is necessary for the purposes for which it was collected or as required by Applicable Law, after which it will be deleted or anonymised. No transmission or storage system is completely secure, and to the maximum extent permitted by Applicable Law the Protected Parties accept no liability for any unauthorised access to or loss of data beyond the Company’s reasonable control.
13.7 Your rights. Subject to Applicable Law, you may have rights to: access your personal data; request correction of inaccurate data; request erasure or deletion; restrict or object to processing; data portability; withdraw consent at any time (without affecting prior processing); and complain to a supervisory authority - in Hong Kong, the Office of the Privacy Commissioner for Personal Data; in Australia, the Office of the Australian Information Commissioner; in New Zealand, the Office of the Privacy Commissioner; and in the EEA, your local data protection authority. To exercise any right, write to the Data Privacy Officer, Skilled Migration Group Limited, 145 Hennessy Rd, Wan Chai, 999077, Hong Kong SAR. All requests must be made by post; the Company will respond within the time required by Applicable Law. Withdrawal of consent may mean the Company can no longer provide you with the service.
13.8 Consequences of not providing data. Provision of your personal data is voluntary, but if you do not provide it, or if you withdraw consent, the Company will be unable to assess you against visa criteria or Vacancies or introduce you to potential employers, and your profile may be closed.
14. GOVERNING LAW
14.1 These Terms, the Website, and all Claims and disputes arising out of or in connection with them (including non-contractual claims and disputes) are governed by, and shall be construed in accordance with, the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, without regard to its conflict of laws principles.
14.2 Conflict of laws. The Company intends the Website and these Terms to comply with Applicable Law in Hong Kong, Australia and New Zealand, and with the data protection laws referred to in Section 13. However, to the extent of any conflict or inconsistency between the laws of Hong Kong and the laws of any other jurisdiction (including Australia or New Zealand), the laws of Hong Kong shall prevail and apply to the maximum extent permitted, save only for mandatory provisions of another jurisdiction’s law that apply notwithstanding a choice of Hong Kong law and that cannot lawfully be excluded (which apply solely to the minimum extent so required).
14.3 The Website is controlled and operated from Hong Kong. The Company makes no representation that the Website or its content is appropriate or available for use in any particular location. Users who access the Website do so on their own initiative and are responsible for compliance with local laws.
15. DISPUTE RESOLUTION - MANDATORY ARBITRATION IN HONG KONG
15.1 Notice first. Before commencing any proceeding, you must first give the Company written notice of the dispute by post to its registered address, providing reasonable detail, and allow the Company sixty (60) days from receipt to seek to resolve the dispute informally.
15.2 Arbitration. Any dispute, controversy, difference or Claim arising out of or relating to these Terms or the Website, including their existence, validity, interpretation, performance, breach or termination, and any non-contractual dispute or Claim, which is not resolved under clause 15.1, shall be referred to and finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. There shall be one (1) arbitrator. The language of the arbitration shall be English. The arbitration and all related information shall be confidential.
15.3 Individual claims only; no class actions. To the maximum extent permitted by Applicable Law: (a) all disputes must be brought in your individual capacity only, and not as a plaintiff, claimant or member in any purported class, group, collective or representative proceeding; (b) the arbitrator may not consolidate more than one person’s claims or preside over any form of class, group, collective or representative proceeding; and (c) you waive any right to participate in any class, group, collective or representative action against any Protected Party.
15.4 Nothing in this Section prevents the Company from seeking urgent injunctive or equitable relief from any court of competent jurisdiction to protect its intellectual property, confidential information or the security of the Website.
16. GENERAL PROVISIONS
16.1 Entire agreement. These Terms (together with any policies expressly referred to in them) constitute the entire agreement between you and the Company regarding the Website and supersede all prior discussions, representations, statements and understandings. You acknowledge that you have not relied on any representation, warranty or statement not expressly set out in these Terms.
16.2 Severability. If any provision (or part of a provision) of these Terms is held invalid, illegal or unenforceable in any jurisdiction, it shall be read down, or if incapable of being read down, severed, to the minimum extent necessary, and the remainder of these Terms shall continue in full force and effect. Invalidity in one jurisdiction does not affect validity in any other jurisdiction.
16.3 No waiver. No failure or delay by the Company in exercising any right constitutes a waiver of that right. Any waiver must be in writing, signed by the Company, and applies only to the specific instance stated.
16.4 Assignment. The Company may assign, novate, transfer or subcontract any of its rights and obligations under these Terms at any time without notice or consent. You may not assign or transfer any of your rights or obligations under these Terms.
16.5 Third-party rights. Each Protected Party that is not a party to these Terms is intended to benefit from, and may enforce, the protections in these Terms (including Sections 9, 10, 11 and 15) pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong. Subject to the foregoing, a person who is not a party to these Terms has no right to enforce any of their terms, and the parties may vary or rescind these Terms without any Protected Party’s consent.
16.6 Force majeure. The Company is not liable for any failure or delay in performance caused in whole or in part by any circumstance beyond its reasonable control, including acts of God, epidemic or pandemic, war, terrorism, civil unrest, government action, changes in law or visa policy, strikes, utility or telecommunications failures, cyber-attacks, and failures of hosting or other suppliers.
16.7 Notices. All notices, requests and other communications to the Company must be in writing and sent by post to: Skilled Migration Group Limited, 145 Hennessy Rd, Wan Chai, 999077, Hong Kong SAR. Contact with the Company is by post only; no other method of communication is offered or accepted. A notice to the Company is effective only upon actual receipt. The Company may give notices to you by posting them on the Website or by any contact details in your profile, and such notices are effective upon posting or dispatch.
16.8 Language. These Terms are drafted in English. Any translation is for convenience only, and the English version prevails.
16.9 Survival. All provisions of these Terms which by their nature extend beyond termination - including Sections 2, 5, 8, 9, 10, 11, 13, 14, 15 and 16 - survive any termination or expiry of these Terms and any closure of your profile or the Website.
17. CONTACT
17.1 All enquiries and correspondence must be sent in writing, by post only, to:
Skilled Migration Group Limited
145 Hennessy Rd, Wan Chai, 999077, Hong Kong SAR
17.2 The Company does not provide an email address or telephone number and does not accept communications by any means other than post to the address above.
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Last reviewed and updated 07 August 2026