PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY.
By using and/or visiting the Ericks & Fredericks family of websites,
located at efintconsulting.com, fredericksfarms.com,
assignkit.com or any other site operated by Ericks & Fredericks
and/or its affiliates (“Ericks & Fredericks”), collectively referred to
as the “Websites”, YOU SIGNIFY YOUR ASSENT TO THESE
TERMS AND CONDITIONS (the “Terms”) AND THE MANNER IN
WHICH WE COLLECT, USE, AND DISCLOSE YOUR
PERSONAL INFORMATION AS SET OUT IN Ericks & Fredericks
PRIVACY POLICY (the “Privacy Policy”).
Terms may be changed or updated at any time. You can always
read the current, complete version of the Terms at
http://efintconsulting.com/termsandconditions. Specific Web pages
of the Ericks & Fredericks Websites may set out additional terms
and conditions, all of which are incorporated by reference into
these Terms.
In the case of inconsistencies between these Terms and
information included in off-line materials, these Terms will always
control. By visiting, entering, or using the Websites and/or the
services located at the Websites, (collectively, the “Services”), you
indicate that you accept the current version of these Terms and
that you agree to be bound by them.
Acceptance of the Terms creates a binding contract (“Agreement”)
between you and Ericks & Fredericks that you will use the
Websites and the Services only in a manner consistent with these
Terms.
user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.
By visiting our site and/ or purchasing something from us, you
engage in our “Service” and agree to be bound by the following
terms and conditions (“Terms of Service”, “Terms”), including
those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms of Service apply
to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of
content.
Please read these Terms of Service carefully before accessing or
using our website. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree
to all the terms and conditions of this agreement, then you may not
access the website or use any services. If these Terms of Service
are considered an offer, acceptance is expressly limited to these
Terms of Service.
Any new features or tools, which are added to, the current store
shall also be subject to the Terms of Service. You can review the
most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part
of these Terms of Service by posting updates and/or changes to
our website. It is your responsibility to check this page periodically
for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of
those changes.
SECTION 1 – YOUR USE OF THE WEBSITE AND SERVICES
Ericks & Fredericks grants you a limited, non-transferable license
to use the Websites in accordance with the Terms. You may only
use the Websites to view information presented at the Websites
and to make legitimate inquiries. You may not use the Websites for
any other purposes, including without limitation, to make any false
or fraudulent inquiries.
The Websites and the content provided on the Websites, including
any text, graphics, button icons, audio and video clips, digital
downloads, data compilations and software (collectively,
“Content”), may not be copied, reproduced, republished, framed,
mirrored, uploaded, posted, transmitted, modified, translated, used
to create derivate works, sold, transferred, sub-licensed,
distributed, disassembled, decompiled, or reverse engineered
without the written permission of Ericks & Fredericks, and/or its
third party partners, except that you may download, display and
print the materials presented on the Websites for your personal,
non-commercial use only.
SECTION 2 – MEMBER CONDUCT GUIDELINES
1. In consideration of your use of the Websites and Services,
you represent that you are of legal age to form a binding
contract and are not a person barred from receiving services
under the laws of any applicable jurisdiction. You agree to
provide true, accurate, current and complete information
about yourself upon registration and thereafter. You agree
that you are responsible for maintaining the confidentiality of
any usernames, passwords, account, or any other tools or
data that afford you access to restricted areas of the
Websites or Services and are fully responsible for all
activities that occur under your password or account. If you
are sharing such usernames, passwords, etc. with others for
the purpose of shared viewing of the Websites, you are also
responsible for all users of such information, whether or not
actually or expressly authorized by you. You agree to
immediately notify Ericks & Fredericks of any unauthorized
use of your password or account or any other breach of
security. Ericks & Fredericks cannot and will not be liable for
any loss or damage arising from your failure to comply with
the Terms. You agree to comply with all local rules regarding
online conduct and acceptable Content, including all
applicable laws regarding the transmission of technical data
exported from the country in which you reside.
2. You agree not to use the Websites or the Services to:
• Upload, post, email, transmit or otherwise make
available (“Post”) any Content:
o That is unlawful, harmful, threatening, indecent,
inflammatory, pornographic, profane, abusive,
harassing, tortuous, defamatory, vulgar,
obscene, libellous, false or inaccurate, invasive
of another’s privacy, hateful, or racially, ethnically
or otherwise objectionable;
o That could constitute or encourage conduct that
would be considered a criminal offense, give rise
to civil liability, or that would violate any law, or
violate any contractual or fiduciary relationship
(such as inside information, proprietary and
confidential information learned or disclosed as
part of employment relationships or under
nondisclosure agreements);
o That contains software viruses or any other
computer code, files or programs designed to
interrupt, destroy or limit the functionality of any
computer software or hardware or
telecommunications equipment virus, bug or
other harmful item; or
o That contains any unsolicited or unauthorized
advertising, promotional materials, “junk mail”,
“spam”, “chain letters”, “pyramids schemes”, or
any other form of solicitation.
• Harm minors in any way;
• Impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or
entity;
• Violate any applicable local, state, national or
international law, intentionally or unintentionally;
• “Stalk” or otherwise harass another;
• Collect or store personal data about other users;
• Transmit or otherwise transfer any Web pages, data or
content found on the Websites to any other computer,
server, Web site, or other medium for mass distribution
or for use in any commercial enterprise; or
• Supply material support or resources to organizations
designated by the United States government as a
foreign terrorist organization pursuant to Section 219 of
the Immigration and Nationality Act
• While utilizing or accessing the Websites, the Services,
or information or other Content available on the
Websites, you also agree not to:
o Use any Use any device, software or routine to
interfere or attempt to interfere with the proper
working of the Websites or interfere with or
disrupt the Service or servers or networks
connected to the Service, or disobey any
requirements, procedures, policies or regulations
of networks connected to the Service in any way;
o Use any “robot,” “spider” or other automatic
device, or a program, algorithm or methodology
having similar processes or functionality, or any
manual process, to monitor or copy any of the
Web pages, data or content found on the
Websites without the prior written permission of
Ericks & Fredericks;
3. You understand and agree that Ericks & Fredericks online
services are provided “AS IS.” Ericks & Fredericks assumes
no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or settings. You
understand and agree that use of Ericks & Fredericks online
services are at your sole risk.
4. Any material and/or data downloaded or otherwise obtained
through the use of Ericks & Fredericks Services is at your
own discretion and risk, and you are solely responsible for
any damage to your computer system or loss of data that
results from the download of such material and/or data.
SECTION 3 – MIGRATION AGENT CODE OF CONDUCT
Please note that as Registered Migration Agents, Ericks &
Fredericks is required by law to point out the Migration Agent’s
Code of Ethics as displayed on the MARA website: Code of
Conduct. We urge you to also read the Consumer Guide by
accessing this link: Consumer Guide
SECTION 4 – INTELLECTUAL PROPERTY RIGHTS
Except for any Content submitted by users, the content on the
Ericks & Fredericks Websites, including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos,
interactive features and the like, the trademarks, service marks
and logos contained therein (“Marks”), and any other proprietary
rights related thereto or appearing on the Websites are owned by
or licensed to Ericks & Fredericks, subject to trademark, copyright
and other intellectual property rights under Australian and foreign
laws and international conventions.
Content on the Websites is provided to you AS IS for your
information and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners.
Ericks & Fredericks reserves all rights not expressly granted in and
to the Websites and the Content. You agree to not engage in the
use, copying, or distribution of any of the Content other than
expressly permitted herein, including any use, copying, or
distribution of content submitted by third parties obtained through
the Websites for any commercial purposes. If you download or
print a copy of the Content for personal use, you must retain all
copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere with
security related features of the Ericks & Fredericks Websites or
features that prevent or restrict use or copying of any Content or
enforce limitations on use of the Ericks & Fredericks Websites or
the Content therein. You agree to be liable for any damages
resulting from any infringement of copyright, trademark, or other
proprietary right, or any other harm resulting from your use of the
Websites.
SECTION 5 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are
at least the age of majority in your state or province of residence,
or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your
minor dependents to use this site.
You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws in
your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of any of the Terms will result in an
immediate termination of your Services.
SECTION 6 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at
any time. You understand that your content (not including credit
card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices. Credit card information is always encrypted during
transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the service is
provided, without express written permission by us.
The headings used in this agreement are included for convenience
only and will not limit or otherwise affect these Terms.
SECTION 7 – ACCURACY, COMPLETENESS AND
TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is
not accurate, complete or current. The material on this site is
provided for general information only and should not be relied
upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely
sources of information. Any reliance on the material on this site is
at your own risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this
site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to
monitor changes to our site.
SECTION 8 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the
Service.
SECTION 9 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online
through the website. These products or services may have limited
quantities and are subject to return or exchange only according to
our Return Policy.
We have made every effort to display as accurately as possible the
colours and images of our products that appear at the store. We
cannot guarantee that your computer monitor’s display of any
colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or
services that we offer. All descriptions of products or product
pricing are subject to change at anytime without notice, at the sole
discretion of us. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this site is
void where prohibited.
We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will
meet your expectations, or that any errors in the Service will be
corrected.
SECTION 10 – ACCURACY OF BILLING AND ACCOUNT
INFORMATION
We reserve the right to refuse any order you place with us. We
may, in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. These restrictions may include
orders placed by or under the same customer account, the same
credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or
billing address/phone number provided at the time the order was
made. We reserve the right to limit or prohibit orders that, in our
sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase
and account information for all purchases made at our store. You
agree to promptly update your account and other information,
including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and
contact you as needed.
For more detail, please review our Returns Policy.
SECTION 11 – THIRD-PARTY LINKS
Certain content, products and services available via our Service
may include materials from third-parties.
Third-party links on this site may direct you to third-party websites
that are not affiliated with us. We are not responsible for examining
or evaluating the content or accuracy and we do not warrant and
will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or
services of third-parties.
We are not liable for any harm or damages related to the purchase
or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and
make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively,
‘comments’), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are
and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.
We may, but have no obligation to, monitor, edit or remove content
that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property
or these Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or
other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive
or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Service
or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead
us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We
take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 13 – MODIFICATION
Ericks & Fredericks may make changes to the Services, Products,
information and/or materials offered on or available from the
Websites at any time without notice, and Ericks & Fredericks may
change these Terms at any time without notice by posting updated
terms of use on the Websites. Your continued use of the Websites
after such changes have been posted signifies your assent and
agreement to the new Terms, even if you have not reviewed the
changes. Therefore, you should check the Terms and Conditions
and other legal notices posted on the Websites periodically for
updates and changes.
SECTION 14 – Additional Terms
Additional terms and conditions may apply to purchases of goods
and services and other uses of portions of the Websites, and you
agree to abide by such other terms and conditions.
SECTION 15 – HEADINGS
The headings used in this Agreement are included for convenience
only and will not limit or otherwise affect the terms and conditions
herein.
SECTION 16 – PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy. To view our Privacy Policy.
SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service
that contains typographical errors, inaccuracies or omissions that
may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve
the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information in
the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information
in the Service or on any related website, including without
limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Service or on any
related website, should be taken to indicate that all information in
the Service or on any related website has been modified or
updated.
SECTION 18 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content: (a) for
any unlawful purpose; (b) to solicit others to perform or participate
in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d)
to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect
the functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any
related website for violating any of the prohibited uses.
SECTION 19 – DISCLAIMER OF WARRANTIES; LIMITATION
OF LIABILITY
We do not guarantee, represent or warrant that your use of our
service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the
use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without
notice to you.
You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and
services delivered to you through the service are (except as
expressly stated by us) provided ‘as is’ and ‘as available’ for your
use, without any representation, warranties or conditions of any
kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall Ericks & Fredericks International Consulting, our
directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any
injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products
procured using the service, or for any other claim related in any
way to your use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or
the limitation of liability for consequential or incidental damages, in
such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 20 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ericks &
Fredericks, its affiliates, officers, directors, employees, consultants
and agents from all third party claims, liabilities, damages, losses,
debts, expenses, obligations, and/or costs (including, but not
limited to, attorney’s fees) arising from your access to the
Websites or Ericks & Fredericks Services; and your breach of
these Terms of Service or the documents they incorporate by
reference, or your violation of any law or the rights of a third-party.
SECTION 20 – FORWARD-LOOKING STATEMENTS
The site and the information and materials thereon include
“forward-looking” statements that involve uncertainties and risks.
There can be no assurance that actual results will not differ from
the expectations of Ericks & Fredericks. Factors that could cause
such differences include the pace and timing of additional
acquisitions, the company’s ability to realize cost savings and
efficiencies, competitive and general economic conditions,
pretension of staff and clients and other risks described in the
company’s filings with the Securities and Exchange Commission.
We are under no duty to update any of the forward-looking
statements to conform such statements to actual results and
events and do not intend to do so.
SECTION 22 – SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to
be severed from these Terms of Service, such determination shall
not affect the validity and enforceability of any other remaining
provisions.
SECTION 23 – TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for
all purposes.
These Terms of Service are effective unless and until terminated
by either you or us. You may terminate these Terms of Service at
any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed,
to comply with any term or provision of these Terms of Service, we
also may terminate this agreement at any time without notice and
you will remain liable for all amounts due up to and including the
date of termination; and/or accordingly may deny you access to
our Services (or any part thereof).
SECTION 24 – ENTIRE AGREEMENT
This Agreement, together with any terms and conditions, legal
notices and/or policies incorporated herein or referred to herein,
constitute the entire agreement between us relating to the subject
matter hereof, and supersedes any prior understandings or
agreements (whether oral or written) regarding the subject matter,
and may not be amended or modified except in writing or by
making such amendments or modifications available on the
Websites.
The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right
or provision.
If you are aware of any violations of these Terms and Conditions,
please report them.
SECTION 25 – ATTORNEY’S FEES
If Ericks & Fredericks takes any action to enforce these Terms,
such parties will be entitled to recover from you, and you agree to
pay, all reasonable and necessary attorney’s fees and any cost of
litigation, in addition to any other relief, at law or in equity, to which
such parties may be entitled
SECTION 26 – INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any
provision of these Terms will cause such damage to Ericks &
Fredericks as will be irreparable, the exact amount of which would
be difficult to ascertain and for which there will be no adequate
remedy at law.
Accordingly, you agree that Ericks & Fredericks shall be entitled as
a matter of right to an injunction issued by any court of competent
jurisdiction, restraining such violation or attempted violation of the
Terms by you, or your affiliates, partners, or agents, as well as
recover from you any and all costs and expenses sustained or
incurred by Ericks & Fredericks in obtaining such an injunction,
including, without limitation, reasonable attorneys’ fees. You agree
that no bond or other security shall be required in connection with
such injunction.
SECTION 27 – RELATIONSHIP
The relationship between Ericks & Fredericks and you will be that
of independent contractors, and neither of us nor any of our
respective officers, agents or employees will be held or construed
to be partners, joint ventures, fiduciaries, employees or agents of
the other.
SECTION 28 – GOVERNING LAW
These Terms of Service and any separate agreements whereby
we provide you Services shall be governed by and construed in
accordance with the laws of Australia.
Ericks & Fredericks controls and operates the Websites from its
headquarters in the Australia, and the Websites may be
appropriate or available for use in other locations. If you use the
Websites outside Australia, you are responsible for following
applicable local laws.
SECTION 29 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at
any time at this page.
We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access
to our website or the Service following the posting of any changes
to these Terms of Service constitutes acceptance of those
changes.
SECTION 30 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
privacy@efintconsulting.com.
Payments
All services must be paid for by the due date shown on the invoice
unless a written adjustment has been agreed. Failure to complete
payment after this time will result in reminders when the invoice is
overdue, and account suspension should the invoice remain
unpaid for more than 10 working days. Late payment fees of $25
will apply.
Cancellation and or Refunds
Should you wish to cancel any contract, you will not receive a
refund for the payments you have already made, as the time put
into each project is billed for in set payments to ensure time has
been paid for. If you cancel before work has started, you may be
entitled to a full refund.
If monthly services are being retained then a 30-day email notice
must be confirmed received to cancel.
Account Support / Emergency Contact
We provide support via e-mail and phone. We recommend you
send you requests via email to support@efintconsulting.com. We
aim to reply to all support requests within 48 hours. For urgent
support please message us on the number provided between
10am and 9pm any day of the week. 0475 433-613