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Terms & Conditions

Amendment of Terms:

easyconsult reserves the right in its sole discretion to change these Terms and Conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. It is recommended that you should therefore check these terms before accessing the website and that you only proceed to access and use the Content and materials available on the easyconsult website if you agree and accepts the easyconsult website Terms and Conditions.

Amendment of Website:

easyconsult reserves the right in its sole discretion to edit or delete any information or Content appearing on the website and to remove any goods and/or services for sale. easyconsult may modify prices and may discontinue or revise any or all aspects of the website in its sole discretion and without prior notice.

Assignment:

These Terms and Conditions, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by easyconsult without restriction. Any assignment attempted to be made in violation of the Terms and Conditions shall be void.

Business Consumers Only:

The easyconsult website has been designed and created to meet some of the needs of small to medium sized enterprises. The website has not been designed or created for personal, household or domestic purposes.

Competition and Consumer Act 2010 (Cth):

easyconsult provides all of the Consumer Guarantees contained in the Competition and Consumer Act 2010 (Cth) to the extent to which they apply to this Agreement between you and easyconsult but not otherwise. Nothing in these standard Terms and Conditions are intended to exclude any applicable Consumer Guarantees. Where the Consumer Guarantees do apply and there has been a breach of any of those Consumer Guarantees then easyconsult relies on Section 64A of the Competition and Consumer Act 2010 (Cth). In respect to Section 64A, easyconsult’s liability to you for any breach of a Consumer Guarantee is limited to:

(i) Where there is a supply of goods, to the replacement or resupply of equivalent goods, or the payment to you of the cost of replacing the goods or acquiring equivalent goods; and
(ii) Where there is a supply of services, to the supply to you of the services again or the payment of the costs of having the services supplied to you again.

Content Security:

All Content has been virus-scanned prior to uploading on the website. However for your own protection, it is recommended that you scan these files again prior to using any files downloaded from the easyconsult website. You assume all risk associated with the download of these easyconsultfiles onto your computer or network.

Copyright and Restriction of Use:

The Content is provided for your personal use only and you are not permitted to reproduce the documents, information or materials on the easyconsult website for the purposes of providing to third parties or for conducting a business competitive with or similar to the business of easyconsult. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the documents that you download from its website where that activity is part of a business that is competitive with or similar to the business of easyconsult. Otherwise you are permitted to download a copy of the documents and retain them on computers used in your business for any legitimate or proper purpose of conducting your business. You take sole responsibility for the dissemination of Content within your business and it is strongly recommended that you provide a copy of these easyconsult Terms and Conditions to any party who is intending to use the easyconsult Content. You are also permitted to provide copies to your legal practitioners, financial or business advisors in electronic form for their amendment, modification or re-drafting. easyconsult expressly reserves all copyright in its website and in all documents and information on its website.

Easyconsult Does Not Give Legal or Professional Advice:

This website is intended to provide you with useful documents, links and information (“Content”) and provided for informational purposes only. It is not intended to give you legal, financial or professional advice or provide you with any legal, financial or other professional related services. easyconsult is not a legal, financial or professional advisory firm. easyconsult strongly recommends that before you use any Content that you download from our websites, that you obtain the advice of a qualified lawyer or other appropriate professional for advice on your particular circumstances and the suitability of the document to meet your requirements. The Content provided by easyconsult must necessarily be general and may not cover every situation that might arise. All content is provided without any warranty express or implied, including as to its legal effect and completeness. Content should be used as a guide and modified to meet your own individual needs and the laws of your jurisdiction. Your use of any Content and the dissemination of this Content within your business in accordance with these Terms and Conditionsis at your own risk.

Easyconsult May Disclose:

easyconsult may disclose information in good faith and where easyconsult is required to do so:

(i) by law or by any court;
(ii) to enforce the terms and conditions of any of our customer agreements;
(iii) to protect the rights, property or safety of easyconsult, its customers or third parties; or
(iv) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.

Eligibility:

These Terms and Conditions are a legal contract between easyconsult and you. You therefore must be at least 18 years of age, or if you are subscribing to or making a purchase from easyconsult on behalf of any company, organisation or trust, regardless of the legal form of the entity, then you represent and warrant that you are an authorised representation of that entity with the authority to bind such entity to the Terms and Conditions, and agree to be bound by the Terms and Conditions on behalf of such entity.

Express Disclaimers:

The Content is provided “as is”, “as available” and with “all faults”. Subject to the provisions of the Competition and Consumer Act 2010 (Cth) and to the fullest extent permitted by law, easyconsult absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. easyconsult gives no guarantee that any documents provided will be free of errors, or that defects will be corrected, or that the easyconsult website or its server is free of viruses or any other potentially harmful components. easyconsult does not guarantee or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of easyconsult to bear any costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties and in that event those exclusions do not apply and shall be deemed excised from these standard Terms. You acknowledge and agree that easyconsult has offered its Content, set its prices and entered into these Terms and Conditions in reliance upon the warranty disclaimers and the limitations of liability set forth herein; that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and easyconsult; and that the warranty disclaimers and the limitations of liability set for herein form an essential basis of the agreement between you and easyconsult. easyconsult would not be able to provide any Content to you on an economically reasonable basis without such limitations.

Exclusion of Competitors:

If a principal part of your business is the retail sale or use of document templates in electronic form to users in respect to their business, then you may be a competitor of easyconsult. easyconsult expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then easyconsult may hold you wholly responsible for any direct or consequential loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. easyconsult reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

Exclusion of Unenforceable Terms:

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these Terms and Conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this Agreement in those other States and Territories. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms and Conditions.

Forums:

A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.

Jurisdiction:

This Agreement and this website are subject to the laws of Australia and any applicable state. If there is a dispute between you and easyconsult that results in litigation then you submit to the jurisdiction of the relevant courts of Australia or the relevant state.

Limitation on easyconsult’s Liability:

This term only applies if you are not a consumer within the meaning of that term in the Competition and Consumer Act 2010 (Cth). If you are not a consumer for the purposes of Schedule 2 Part 3.2 of the Competition and Consumer Act 2010 (Cth), then it is an essential pre-condition to your use of easyconsult’s website that you agree and accept that easyconsult is not legally responsible for any loss or damage (including consequential loss) you might suffer related to your use of the site, whether from errors or from omissions in our documents or information or from any other use of the website. In short, your use of the easyconsult website is at your own risk and responsibility.

Limitations by Applicable Law:

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies, or liability contained in the Terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located, if the laws of the jurisdiction where you are located apply at all.

Links to Other Websites:

easyconsult may provide on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between easyconsult and the owners of those websites. easyconsult takes no responsibility for any of the content found on the linked websites. easyconsult’s website may contain information provided by third parties. easyconsult accepts no responsibility whatsoever for information or advice provided to you directly by third parties.

Memberships:

The easyconsult Coaching Program membership requires full payment upfront at the commencement of the 12 month period. Payment can be made online via Credit Card, or by electronic funds transfer. Credit Card Details for Members will only be stored on eway secure servers if you are an individual member on a 12 month payment plan. Individual members do have the option to pay their membership over 12 monthly instalments, in accordance with the Payment details in these Terms and Conditions.

Passwords:

A password will be provided to all easyconsult members. This password provides access to the Coaching Program member area and use of this content is subject to the copyright and restriction of use detailed within these Terms and Conditions. easyconsult does not give permission for this password to be shared internally within your organisation or business, and easyconsult prohibits this password to be shared with any third party who is not a member of easyconsult; or for any purpose or activity that is in competition with the business of easyconsult.

Payment:

Payment for the easyconsult Coaching Program is required prior to the commencement of the 12 month membership. Payment can be made online via Credit Card, or by electronic funds transfer. Credit Card Details for Members will not be stored on our secure servers, except for individual members who have the option to pay their membership over 12 monthly instalments. These details will be stored on eway secure servers. If the payment method for your easyconsult account is by credit card or debit card and payment is not received by easyconsult from the card issuer or its agents, you agree to pay all amounts due upon demand by easyconsult within a reasonable period of time. For each month that you allow easyconsult to charge your designated card, you thereby agree and reaffirm that easyconsult is authorised to charge your designated card for the duration of your 12 month membership. Your card issuer’s agreement governs your use of your designated card in connection with easyconsult, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. Your credit card details will not be stored by easyconsult on our servers.

Pre-Condition to Use:

Do not use this website unless you have read these Terms and Conditions, and accept that they will govern your right to use and access our website and all the documents, links and information contained on it. If you choose to use easyconsult’s website and download documents then easyconsult will regard that use as conclusive evidence of your agreement and acceptance that these Terms govern yours and easyconsult’s rights and obligations to each other.

Pricing:

Prices are shown in Australian dollars ($AUD) and exclude 10% GST. Payments must be received in Australian currency. easyconsult reserves the full right to amend its prices at any time.

Provision of Information:

You agree to provide current, complete, and accurate purchase and account information for all purchases made with easyconsult. You agree to promptly update your account and other information, including your email address and credit card numbers and any relevant expiration dates, so that easyconsult can complete your transactions efficiently and contact you as needed.

Purchases are Final:

All purchases are final, non-cancellable and non-refundable, except as otherwise specified in these Terms and Conditions.

Registration:

We may, at our discretion at any time with no notice and with immediate effect, suspend or terminate the registration of any forum user or general user who violates any of these terms of use of use, any of the forum member guidelines or for any other behavior that we in our discretion believe is inappropriate.

Survival:

Upon expiration or termination of these Terms and Conditions, any provision which logically, by its nature, or by express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and damages, and governing law and jurisdiction, and all general provisions shall survive any termination or expiration of these Terms and Conditions.

Termination of Use:

easyconsult may, in its sole and unfettered discretion terminate or suspend your access to all or part of the easyconsult website, including easyconsult Content or services as applicable, for any and no reason, including without limitation breach of these Terms and Conditions. In the event that this Agreement is terminated, the representations and warranties, indemnities and limitation of liabilities set forth in this Agreement such survive any such termination.

Termination of membership:

Any member who terminates their membership to the easyconsult Coaching Program may continue to use the Content provided to them during their membership term within the Coaching Program post cessation, however this use must be strictly in accordance with these Terms and Conditions. These Terms and Conditions continue to apply to all members, past and present, in regards to the use of all Content provided as part of the easyconsult Coaching Program.

Third Parties May Not Use Your Information:

easyconsult does not sell or deal in personal or customer information. easyconsult may however use in a general sense without any reference to your name or your information to create marketing statistics, identify user demands and to assist easyconsultin meeting customer needs generally. easyconsult may use at its own discretion the information that you provide to improve its website and its services.

Trademarks and Restriction of Use:

You are not permitted to use any trademarks, tradenames, graphics or designs that are on easyconsult’s website. If you breach easyconsult’s trademarks then easyconsult reserve the right to proceed with legal action.

Your Privacy:

easyconsult respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Cth). Please read our Privacy Policy carefully before agreeing to the easyconsult Terms and Conditions. You may change your details at any time by accessing your information through your account. All information easyconsult receives from its customers is protected by easyconsult’s secure server. easyconsult’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected by easyconsult is secured against unauthorised use or access. Credit card information is not stored by easyconsult on its servers.

Whole Agreement:

These Terms and Conditions represent the whole Agreement between you and easyconsult concerning your use and access to easyconsult’s website and your use and access to the documents and information on it. No other term is to be included in this Agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Waiver:

easyconsult’s failure to enforce any term or provision of these Terms and Conditions is not a waiver of any such term.

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