TERMS & CONDITIONS

TERMS OF USE

This Web Site is owned and operated by Temax Pty Ltd (ACN  009 431 887) (atf Temax Unit Trust) trading as EasyMigrate Consultancy Services, hereinafter referred to as EasyMigrate Consultancy Services.

Use of this Web Site is subject to the Terms of Use.

EasyMigrate Consultancy Services is not liable to you or any other for any loss in connection with the use of this Web Site or a Linked Web Site. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Please read the full Terms of Use.

Please note: EasyMigrate Consultancy Services reserves the right to amend the Terms of Use at any time. However, since you are bound by these Terms of Use you should periodically refer to them.

DISCLAIMER OF LIABILITY

General Disclaimer:

We are not liable to you or anyone else for any Loss in connection with use of this Web Site or a Linked Web Site.

This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.

Specific Warnings and Disclaimers:

The Trade Practices Act and similar State and Territory legislation in Australia, Canada, New Zealand and other countries may confer rights and remedies on you in relation to the provision by us of goods or services on the Web Site, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

Web site Warnings and Disclaimers

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for your use from this Web Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the Web Site will be uninterrupted or error free or that any defects will be corrected.

We may, from time to time, change or add to this Web Site (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this Web Site updated. We are not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of EasyMigrate Consultancy Services) will EasyMigrate Consultancy Services be liable for any indirect, incidental, special and/or consequential damages and/or loss of profits and/or loss of opportunity whatsoever which result from any use or access of, or any inability to use or access, the Web Site.

Product-related Warnings and Disclaimers

The information in this web site is provided solely as a convenience for EasyMigrate Consultancy Services customers, partners and employees. EasyMigrate Consultancy Services provides this information in good faith and makes reasonable efforts to ensure that the information is as accurate and up-to-date as possible. Accordingly, this information is made available on an "as is" basis without warranty of any kind, except for specific warranties (1) (2) and (3) below. To the maximum extent permissible by law, EasyMigrate Consultancy Services excludes all warranties, either express or implied (including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, completeness, usefulness, accuracy, relevancy of information, revised information, up to date information.) In no event will EasyMigrate Consultancy Services be liable for any damages resulting from information contained on this web site including damages arising from inaccuracies, omissions or errors. Any reliance on information contained in this web site may only be made on the basis that EasyMigrate Consultancy Services will not be held liable for any damages including, without limitation, direct, indirect or consequential damages including loss of revenue, loss of profits, loss of opportunity or other loss.

EasyMigrate Consultancy Services expressly disclaims all warranties of any kind whether express or implied. EasyMigrate Consultancy Services makes no warranties that EasyMigrate Consultancy Services' services will meet your requirements, or that EasyMigrate Consultancy Services' services will be uninterrupted, secure, or error free, or the results that may be obtained from the use of EasyMigrate Consultancy Services' services, or to the accuracy or reliability of any communication or transmission or data, or the accuracy of any information obtained through EasyMigrate Consultancy Services' services or that defects in the software will be corrected. EasyMigrate Consultancy Services makes no warranty regarding any goods or service purchased or obtained through EasyMigrate Consultancy Services or any transaction entered into through EasyMigrate Consultancy Services. EasyMigrate Consultancy Services takes no responsibility for the deletion or failure to store fax and E-mail messages. No advice or information, whether oral or written, obtained by you from EasyMigrate Consultancy Services or through EasyMigrate Consultancy Services' services shall create any warranty by EasyMigrate Consultancy Services.

Information contained in this web site is subject to change, alteration or update at any time and without notice.

To the fullest extent permitted by law, EasyMigrate Consultancy Services liability for breach of any implied warranty or condition that cannot be excluded is limited at the option of EasyMigrate Consultancy Services to the following:

In the case of goods or services supplied or offered by EasyMigrate Consultancy Services,

1. The replacement of the goods or services or the supply of equivalent goods or services,  
2. The refund of the cost of the goods (excluding postage and handling) or refund of the cost of services.
3. Where permitted by law, EasyMigrate Consultancy Services' liability is restricted to a payment of Australian Dollars 100.

CONDITIONS APPLICABLE TO SELF HELP MEMBERSHIP

EasyMigrate Consultancy Services provides a SELF HELP Membership service, allowing our members full access to our Member's Pages for information and research. This membership is obtained by paying a Fee to EasyMigrate Consultancy Services and is usually valid for 30 days from date of payment.
Click here to see more details.

CONDITIONS APPLICABLE TO PROFESSIONAL ASSESSMENT MEMBERSHIP

EasyMigrate Consultancy Services provides a PROFESSIONAL ASSESSMENT Membership service, allowing our members full access to our Member's Pages for information and research. This membership is obtained by paying a Fee to EasyMigrate Consultancy Services and is usually valid for 30 days from date of payment.
Click here to see more details.

MONEY-BACK GUARANTEE

The Money-Back guarantee is available to Gold Service Consultancy only.
In the unlikely event that the Immigration application is refused by Government, EasyMigrate Consultancy Services shall refund 90% of all fees received for our Consultancy Services only.
Governments Fees and other Statutory Fees are not refunded by the organisations and therefore cannot be refunded to Client.

Special conditions are applicable, as per written Agreement between Client and EasyMigrate Consultancy Services on commencement of Consultancy services. Please check your individual Agreement for more detail.
Notwithstanding clauses in the individual Agreements, no fees will be refunded under the Money-Back Guarantee in the following cases, under any circumstances:
1. Where the Client has provided false or misleading information;
2. Where Government organisations find that document(s) and/or deposition(s) are forged or fabricated;
3. Where the Main Applicant's and/or Secondary applicant's qualifications and/or skills / experience are not acceptable to the Government Assessing Body.;
4. Where the Main Applicant and/or Secondary applicants fail in the requisite language skills tests and/or interview;.
5. Where the Main Applicant and/or Secondary applicants fail in the medicals, for any reason whatsoever;
6. Where the Main Applicant and/or Secondary applicants fail to obtain necessary Police, Taxation and other clearances as required by the Government organisations;
7. Where the Main Applicant and/or Secondary applicants are rejected on the basis that their successful visa application would cause undue and/or ongoing expenses to the Government (medicals, disadvantaged child(ren) or dependent(s), additional care, additional training, additional language and other skills requirements, etc.).

INDEMNIFICATION

You agree to indemnify EasyMigrate Consultancy Services, its parents, subsidiaries, representatives and employees from any claim or demand, including solicitors' fees, arising out of your use of EasyMigrate Consultancy Services Services, including any violation of this Agreement by you or any other person using your account, or any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers and infringement of intellectual property or other rights.

TAX

No tax will be added to any purchases, except for GST on sales within Australia and New Zealand. However it is likely that these goods/services will be subject to the customs fees and import duties of the country into which the goods are mailed or freighted, or services supplied.

CUSTOMS

All goods are dispatched on a CFR basis (Cost + Freight). You may be subject to import duties and taxes that are levied once a package reaches your country. Additional charges for customs clearance must be borne by you. EasyMigrate Consultancy Services has no control over these charges and cannot predict how much they may be. Customs policies vary widely from country to country. If in doubt you should contact your local customs office for further information, prior to placement of order.

You will be considered the importer of the goods or product(s) and must comply with all laws and regulations of the country into which you are receiving the goods.

You must arrange for insurance cover, if required.

In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section.

The Terms of Use are effective until terminated by EasyMigrate Consultancy Services and EasyMigrate Consultancy Services may terminate this agreement and your access to the Web Site at any time without notice. In the event of termination you are no longer authorised to access the Web Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

TERMINATION

EasyMigrate Consultancy Services may terminate your account with or without cause at any time. Grounds for termination include, but are not limited to, lack of use, any violation of the Terms of Service, or if EasyMigrate Consultancy Services decides, in its sole discretion, to discontinue the service. Once your account is terminated, your right to use EasyMigrate Consultancy Services ceases. EasyMigrate Consultancy Services shall have no obligation to maintain any content in your account or provide ongoing informational service until the expiry of the SELF HELP Membership Service (usually 30 days). You agree that any termination of your access to EasyMigrate Consultancy Services may be effected without any prior notice to you.

COPYRIGHT

This Web Site is our copyright property.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means:

• Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or
• Commercialise any information, products or services obtained from any part of this Web Site without our written permission.

TRADE MARKS

These trade marks and other EasyMigrate Consultancy Services products and services referred to in this Web Site are trade marks of EasyMigrate Consultancy Services.

Other product and company names mentioned in this Web Site may be the trade marks of other people or entities.

Nothing contained in the Web Site should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Web Site without the express written permission of EasyMigrate Consultancy Services or third party owner.

LINKED WEB SITES

This Web Site may contain links to Linked Web Sites. Those links are provided for convenience only any may not remain current or be maintained.

Links to those web sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.

Unless otherwise stated the Linked Web Sites are not under the control of EasyMigrate Consultancy Services and EasyMigrate Consultancy Services is not responsible for the contents of any Linked Web Site. You link to any such web site at your own risk.

COOKIES

Cookies are pieces of information that a web site transfers to your computer's hard disk. We may store one or more cookies in your computer or request your computer to transmit data to us.

If you do not wish to receive cookies you may set your browser to refuse cookies.

Cookies do not in and of themselves personally identify users, although they do identify a user's browser.

This Web Site may store cookies on your computer in order to better serve you upon subsequent visits to this Web Site.

GENERAL

In this Web Site:

Governing Law

These Terms of Use are governed by the laws in force in Western Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia.

This Agreement takes effect from the date when you first visit our web-site home page or when you make the first appointment with one of our Migration Consultants. The terms and conditions will remain operative until either you or EasyMigrate Consultancy Services terminate the services.
1. This Agreement is governed in all respects by the laws of Western Australia;
2. The UN Convention on contracts for the international sale of goods is expressly disclaimed;
3. Both parties agree that any cause of action relating to this Agreement shall be brought in a Court of Perth, Western Australia;
4. If any provision of this Agreement was held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of this Agreement shall remain in full force and effect;
5. EasyMigrate Consultancy Service's failure to act with respect to a breach by You or others does not waive EasyMigrate Consultancy Service's right to act with respect to subsequent or similar breaches by You or others; and
6. You cannot assign or transfer this Agreement and any right under this Agreement, any such attempt is void.

Nothing contained in these Terms of Use derogates from EasyMigrate Consultancy Services right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by EasyMigrate Consultancy Services with respect to that use.

© 2001 EasyMigrate Consultancy Services