Terms and Conditions

These terms and conditions (“Terms”) govern your use of our website located at www.fernandesmigration.com.au (“Site”) and the purchase by you of the services from the Site, and form a binding contractual agreement between you, the user of the Site and us, Fernandes Migration (“we” or “us”). For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site or accept the Terms. You can contact us at info@fernandesmigration.com.au

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you must not use the Site.

1. Registration

    • You agree to:
      • provide the information prompted by the Site’s registration form (Your Data), and
      • maintain and promptly update Your Data to keep it true, current and complete.
    • If you provide any information that is, or we believe that such information is, untrue, not current, incomplete or misleading, then we may at our sole discretion suspend or terminate your account and refuse or restrict, any and all, current, or future use of the Site without any liability to you.

2. Fee and costs

    • For each service you purchase through the Site (Service) you agree to pay all applicable fees for that Service (Service Fee).
    • New Services will become available as announced on our website, but any date that is specified is only an estimate of when they are likely to be released.
    • Unless otherwise stated, all Service Fees quoted are in Australian dollars and expressed inclusive of GST. In respect of any taxable supply, you must pay us an additional amount equal to the prevailing GST rate, payable at the same time and in the same manner as the Service Fee.
    • You are not entitled to a refund for any paid Service Fees for any reason, except to the extent of any applicable liability under any relevant consumer laws, including the Competition Consumer Act 2010 (Cth).
    • Online Consultation: If for any reason you need to cancel or reschedule your appointment, please do so at least 2 business days before the date of your appointment. Otherwise, the consultation fee is not refundable – business days do not include weekends. The consultation fee is not refundable for non attendance as well. For urgent appointments which are scheduled within the coming 2 business days, consultation fee is not refundable.
    • You are required to pay the full amount of the Service Fee even if you do not complete the Service.
    • Service Fees may change at any time in our absolute discretion, and you are not entitled to any refunds in the event of a price reduction or promotional offering.

3. Consultation

    • To book our consultation service, you must complete the booking form on the Site and pay the applicable Service Fee online using our Site.
    • Your booking for a consultation will only be confirmed once the payment of the applicable Service Fee on our Site has been successfully processed.
    • Occasionally, the time you have booked for a consultation may not be available. In that event, we will contact you to reschedule a different time and, if no mutually agreeable time for a consultation can be agreed, you may cancel the consultation and receive a refund of the applicable Service Fee paid.
    • In the event that you are unable to attend a consultation which has been confirmed, you may, at no extra cost, reschedule the consultation provided that you have notified us of your inability to attend at least 24 hours prior to the start of the consultation. You may reschedule the consultation by calling us on 0419 460 674 or emailing us at info@fernandesmigration.com.au
    • You may only reschedule a booking for a consultation once.
    • Except as provided at clause 3, you will not be entitled to any credit or refund of the applicable Service Fee paid for the consultation if you decide to cancel or do not attend the  consultation.
    • By booking a consultation, you acknowledge and agree that the consultation is a limited service which commences at the beginning of your consultation and ends at the end of the consultation. Any services offered or provided to you during or after the consultation may incur further additional charges. If we offer or provide any Additional Services, we will prepare a service proposal for your review.
    • If we offer you any Additional Services which you do not accept, we may, at our absolute discretion, charge additional fees to you, provided that you have consented to paying such additional fees in that event.

4. Payment

    • We accept payment by cash, debit/credit card, or direct transfer from your nominated bank account.
    • If you have chosen to pay by credit card and have provided us with your credit card details then we are authorised to charge your credit card for the processing of your order.

5. Licence to use Site

    • We grant you a non-exclusive, world-wide, non-transferable licence to use the Site.
    • You may access and use the Site and Services for which you have paid all required fees, solely for your personal and not for any other purpose. All other uses are expressly prohibited without our express written consent. For the avoidance of doubt, you must not reproduce, redistribute, transmit, assign or otherwise transfer or use any content from the Site or Service unless we give you express permission to do so.
    • You must not add any content to the Site:
      • unless you hold all necessary rights, licences and consents to do so
      • that would cause you or us to breach any law, regulation, rule, code or other legal obligation
      • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy
      • that would bring us, or the Site, into disrepute, or
      • that infringes the intellectual property or other rights of any person.
    • The Site contains links to other websites, including social media sites, which may contain content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
    • You acknowledge and agree that:
      • we may alter, amend or cease the operation of the Site or the Services at any time in our sole discretion;
      • we retain the right in our sole discretion to remove any content or information you add or post on the Site if we believe that it violates these Terms or for any other reason; and
      • the Site and the Services may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

6. Intellectual Property Rights

    • Nothing in these Terms constitutes a transfer of any intellectual property ownership rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site and Services.
    • You must not print, publish, modify or distribute any content from the Site, Services or any other documentation that we provide to you, unless we have otherwise authorised in writing.
      that would bring us, or the Site, into disrepute, or
      that infringes the intellectual property or other rights of any person.
      The Site contains links to other websites, including social media sites,
    • By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
    • You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
    • The licence in clause 3 and the consent in 6.4 will survive any termination of these Terms.
    • You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 3 and 6.4.

7. Warranties

You represent and warrant to us that:

  • you have the legal capacity to enter these Terms; and
  • you have compiled with clause 3.

8. Liability

    • To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
    • We reserve the right to cancel, interrupt, reschedule or modify the content of any Service.
    • The content on this Site, linked websites and social media sites may include views or recommendations of third parties which do not necessarily reflect our views or indicate its commitment to a particular course of action.
    • To the maximum extent permitted by applicable law, we will not be liable for any direct, indirect, incidental or punitive damages, including loss of profits, good will or intangible losses resulting from any delay in removing or failure to remove content from this Site or any linked social media site after receiving a request for removal even if we knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute.
    • You indemnify and hold us harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of any:
      • act or thing done by us in good faith and purportedly pursuant to a right granted to us under the provisions of this agreement
      • breach by you of any of the terms of this agreement
      • any wilful, unlawful or negligent act or omission by you.

9. Australian Consumer Law

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations including where you are a consumer, the guarantees under the Australian Consumer Law that cannot be excluded. If such legislation applies, to the extent possible and to the extent allowed by the Australian Consumer Law, we limit our liability in respect of any claim to, at our option:

  • in case of goods
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of the goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of having the goods repaired, and
  • in case of services, the supply of the services again.

10. Disclaimer

    • While we endeavour to keep the information on this Site and in the Services up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products or services contained on the Site for any purpose. Any reliance you place on the information contained on the Site or in the Services is strictly at your own risk.
    • This Site contain text, graphics, images and information which is provided as strictly general information only. We make no representation that the information contained on this Site is advice which can or should be relied on by any individual.

11. Termination

    • The licence to the use of the Services terminates automatically if, for any reason, we cease to operate the Site.
    • We may otherwise terminate your licence to the use of the Services immediately, on notice to you, if you have breached these Terms in any way.

12. Disputes

Prior to resorting to any external dispute resolution process, you and we agree to use best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms. Please notify us in writing of any dispute you may have.

13. General

    • You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
    • If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    • If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches.
    • Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
    • These Terms are governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.