©2018 Ericks & Fredericks International Consulting Pty Ltd 

  • Facebook Social Icon
  • Twitter Social Icon
  • Instagram Social Icon

ABN 28 629 817 492

PLEASE READ THESE TERMS OF SERVICE CAREFULLY

By using and/or visiting the “Ericks & Fredericks” family of websites, located at efintconsulting.com, fredericksfarms.com, or any other site operated by Ericks & Fredericks International Consulting Pty Ltd 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 www.efintconsulting.com/termsofservice. 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. If you do not agree to any of these Terms, then please do not access or use the Websites or Services, and, if applicable, you should arrange to cancel your registered user account or subscription to us.

 

OVERVIEW

 

This website is operated by Ericks & Fredericks International Consulting. Throughout the site, the terms “we”, “us” and “our” refer to Ericks & Fredericks International Consulting. Ericks & Fredericks International Consulting offers this website, including all information, tools and services available from this site to you, the 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; 

 

  1. 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. 

  2. 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 International Consulting Pty Ltd, 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 on +61 475-433-613