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Terms & Conditions - Terms of Use


EasyMigrate Consultancy Services (the Service) and its Website (the Website) is owned and operated by Temax Pvt. Ltd (ACN 009 431 887) (a trustee of Temax Unit Trust) trading as EasyMigrate Consultancy Services, hereinafter referred to as EasyMigrate Consultancy Services (ECS). Use of this Service and/or Web Site is subject to the following Terms of Use.

EasyMigrate Consultancy Services is not liable for any loss in connection with the use of this Service and/or Web Site or a linked website.

Please note: EasyMigrate Consultancy Services reserves the right to amend the Terms and Conditions of Use at any time. Since you are bound by these terms you are advised to periodically refer to them.

DISCLAIMER OF LIABILITY

General Disclaimer:

We are not liable to the user or anyone else for any loss in connection with use of this Service and/or Website or a linked website. This general disclaimer is neither restricted nor modified by any of the following specific warnings or disclaimers.

Specific Warnings and Disclaimers:

The Trade Practices Act and similar State and Territory legislations in Australia, Canada, New Zealand and other countries may confer upon you certain rights and remedies in relation to the provision of goods or services by us, either through the Website and / or by direct contract, which cannot be excluded, restricted or modified. While we recognise these rights, we exclude all other conditions and warranties implied by custom, law or statute.

Website Warnings and Disclaimers:

We are not liable to the user or anyone else in case of interference with, or damage to computer systems in connection with the use of this Website or a linked website. We advise you to take precautions to ensure that whatever you select for your use from this Website is free of viruses or any other damaging software (such as worms or trojan horses) that may interfere with or damage the operations of your computer system. We do not guarantee that access to the Website will be uninterrupted or error free or that any defects present in the Website will be corrected.

We may, from time to time, change or add to this Website without notice, including these Terms and Conditions of Use, and / or the information, products and services on offer. However, we do not undertake to keep this Website updated. We are not liable to the user or anyone else in case of errors in information Website or if the 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 use or access of, or inability to use or access, the Service and/or Website.

Product-related Warnings and Disclaimers:

The information by this Service and/or on this Website is provided solely for the convenience of EasyMigrate Consultancy Services customers, partners, representatives and employees. EasyMigrate Consultancy Services provides this information in good faith making 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 under specific conditions (1 to 3) mentioned below. Thus, to the maximum extent permissible by law, EasyMigrate Consultancy Services excludes all warranties, either expressed 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 or up to date information). In no event will EasyMigrate Consultancy Services be liable for any damages resulting from information obtained from this Service and/or contained on this Website, including damages arising from any inaccuracies, omissions or errors in information provided. Any reliance on information contained in this Service and/or Website should be made by the user with the understanding that EasyMigrate Consultancy Services will not be held liable for any damages including, without limitation, any direct, indirect or consequential damages such as loss of revenue, loss of profits, loss of opportunity or any other loss.

EasyMigrate Consultancy Services explicitly disclaims all warranties of any kind whether expressed or implied. EasyMigrate Consultancy Services makes no guaranties that the services provided by EasyMigrate Consultancy Services will meet your requirements; or that the services provided by EasyMigrate Consultancy Services will be uninterrupted, secure, or error free; or that the results that may be obtained from the use of services provided by EasyMigrate Consultancy Services would be error free, EasyMigrate Consultancy Services also assures no guarantee towards the accuracy or reliability of any communication or transmission of data,  or towards the accuracy of any information obtained through EasyMigrate Consultancy Services and/or the Website. EasyMigrate Consultancy Services also offers no guarantee that defects in the software, if any, will be corrected. EasyMigrate Consultancy Services offers warranty neither for any goods or services purchased or obtained through EasyMigrate Consultancy Services, nor for any transaction entered into through EasyMigrate Consultancy Services. EasyMigrate Consultancy Services takes no responsibility for the deletion and/or failure to store fax and E-mail messages. No advice or information, whether oral or written, obtained by the user from EasyMigrate Consultancy Services or through EasyMigrate Consultancy Services' services or the Website shall require any warranty to be provided by EasyMigrate Consultancy Services.

Information contained in this Service and/or Website is subject to change, alteration or update at any time and without notice.

To the fullest extent permissible under law, EasyMigrate Consultancy Services liability, for breach of any implied warranty and/or under a condition that cannot be excluded through the disclaimer above, for goods and/or services supplied or offered by EasyMigrate Consultancy Services, is limited to the following:

  1. Replacement of the goods or services or the supply of equivalent goods or services,
  2. 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 a maximum of 100 Australian Dollars only.

CONDITIONS APPLICABLE TO SELF HELP MEMBERSHIP

EasyMigrate Consultancy Services provides a SELF HELP Membership service which allows the members full access to the Members Pages for information and research. This membership is obtained by paying a Fee to EasyMigrate Consultancy Services and is usually valid for 90 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 which allows the members full access to the Professional Self Assessment Pages for information and research. This membership is obtained by paying a Fee to EasyMigrate Consultancy Services and is usually valid for 90 days from date of payment. Click here to see more details.

MONEY-BACK GUARANTEE

The Money-Back guarantee is available only for clients opting for the Gold Service Consultancy.

For the Gold Service Consultancy clients, in the unlikely event that the Immigration application is refused by Government, EasyMigrate Consultancy Services shall refund up to 90% of all fees received for our Consultancy Services only, as detailed in the Standard Agreement signed by the Client and ECS.

Governments Fees and other Statutory Fees are not refunded by the respective organisations and therefore cannot be refunded to the client.

Special conditions are applicable, as per the written Agreement between the client and EasyMigrate Consultancy Services that is signed before commencement of Consultancy services. The clients are therefore requested to check their individual Agreements for more detail.

Notwithstanding clauses in the individual Agreements, under no circumstances will any fees will be refunded under the Money-Back Guarantee in the following cases:

  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 the 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.).
  8. Where the Main Applicant and/or Secondary applicants fail because of subsequent changes in legislation and/or points-tests.

INDEMNIFICATION

By accepting these terms and conditions, the user agrees to indemnify EasyMigrate Consultancy Services, its parent bodies/organisations, subsidiaries, representatives and employees against any claim or demand, including solicitors' fees, arising out of use of EasyMigrate Consultancy 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, except GST, will be added to sales made within Australia, Canada and New Zealand, to the countrys local residents and/or organisations. However these goods/services might be subject to the customs fees and import duties of the country into which the goods are mailed/ freighted, or services supplied. This cost would have to be borne by the user and will be in addition to the cost of the product / service provided by EasyMigrate Consultancy Services.

CUSTOMS

All goods are dispatched on a CFR (Cost + Freight) basis. Once the package reaches the country of destination, it may be subject to import duties and taxes according to the law of that country. These charges for customs clearance are in addition to the CFR and must be borne by the client / customer. EasyMigrate Consultancy Services has no control over these charges and cannot predict how much they may be as customs policies vary widely from one country to another. If the client wishes to seek further clarification on this issue, he/ she is advised to contact the local customs office for further information prior to placement of order.

As the client is the importer of the goods or product(s), he / she must comply with all laws and regulations of the country into which the goods are being received.

The client must arrange and pay for insurance cover, if required.

TERMINATION

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 the agreement is terminated by EasyMigrate Consultancy Services, which it may do at any time without notice. In the event of termination the user is no longer authorised to access the Website, but all restrictions imposed on the user and all disclaimers and limitations of liability set out in the Terms of Use will continue to be effective.

EasyMigrate Consultancy Services may terminate a users account, with or without cause, at any time. Grounds for termination include, but are not limited to, lack of use for prolonged periods, any violation of the Terms of Use, and also if EasyMigrate Consultancy Services decides, in its sole discretion, to discontinue the service. Once the account is terminated, the clients right to use EasyMigrate Consultancy Services ceases. EasyMigrate Consultancy Services shall have no obligation to maintain any content in the clients account or provide ongoing informational service until the expiry of the SELF HELP Membership Service or Professional Assessment Service (usually 90 days). By accepting these Terms of Use, the client agrees that any termination of his/her access to EasyMigrate Consultancy Services may be effected without any prior notice.

COPYRIGHT

This Website is our copyright property.

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

Other than for the purposes described 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:

TRADE MARKS

These trade marks and other EasyMigrate Consultancy Services products and services referred to in this Service and/or Website are trade marks of EasyMigrate Consultancy Services.

Other product and company names mentioned in this Service and/or Website may be the trade marks of other people or entities.

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

LINKED WEB SITES

This Website may contain links to other websites (Linked Websites). These links are provided for convenience only and may not be current or maintained.

Links to these websites 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 or offered on those other sites, unless specifically stated otherwise.

Unless otherwise stated, the Linked Websites are not under the control of EasyMigrate Consultancy Services and EasyMigrate Consultancy Services is not responsible for the contents of any Linked Website. The user may refer to any such website at his/her own risk.

COOKIES

Cookies are pieces of information that a website transfers to your computer's hard disk. We may store one or more cookies in the clients computer or request the clients computer to transmit data to us. This is done in order to help us serve the clients better upon their subsequent visits to this Website. Though cookies, in and of themselves, do not identify users personally, they do identify a user's browser.

If the client does not wish to receive cookies, he/she is advised to set the browser to refuse cookies. However, if the client desires to use our on-line credit card payment option, he/she must turn cookies on. Cookies are not required for faxed and mailed orders, or for browsing through our "EasyMigrate Consultancy Services" website.

GENERAL

In this Web Site:

Governing Law

These Terms of Use are governed by the laws in force in Western Australia and by accepting these Terms of Use, the client irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia.

This Agreement is effective from the date when the client first visits our Website home page or makes the first appointment with one of our Migration Consultants. The terms and conditions will remain effective until either the client or EasyMigrate Consultancy Services decides to terminate the agreement.

  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 dispute 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 a provision shall be struck out while the remaining provisions of this Agreement shall remain in full force and effect;
  5. EasyMigrate Consultancy Service's failure to act against a breach of Agreement by the client or others does not waive EasyMigrate Consultancy Service's right to act against subsequent or similar breaches by the client or others; and
  6. The client cannot assign or transfer this Agreement or any right under this Agreement to another person; 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 Service and/or Website or information provided to or gathered by EasyMigrate Consultancy Services with respect to that use.

© 2001 EasyMigrate Consultancy Services
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