Website Terms & Conditions
Last Revision: 12 August, 2025
1. About the Website
(a) Welcome to www.omnicheadvisory.com (Website). The Website provides information and access to Omniche Advisory’s consulting services, which include technology strategy, data insights, automation, cloud migration, cybersecurity, and advisory support for digital transformation and operational excellence (Services).
(b) The Website is operated by Omniche Advisory Pty Ltd (ABN 42 637 380 002). Access to and use of the Website, or any of its associated Products or Services, is provided by Omniche Advisory. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Omniche Advisory reserves the right to review and change any of the Terms by updating this page at its sole discretion. WhenOmniche Advisory updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms.Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Termswhere this option is made available to you by Omniche Advisory in the user interface.
3. Engagement of Services
(a) Access to Omniche Advisory’s services is not provided through online registration or account creation on the Website. Instead, engagement is initiated through direct contact and formal agreement between the client and Omniche Advisory Pty Ltd (ABN 42 637 380 002).
(b) Prior to the commencement of any services, you may be required to provide certain business or personal information reasonably necessary for Omniche Advisory to assess, scope, or deliver the agreed services. This may include (but is not limited to):
(i) Email address
(ii) Mailing address
(iii) Telephone number
(iv) Business Name
(c) By engaging Omniche Advisory, whether by signing a proposal, agreement, or statement of work, or by confirming engagement in writing (including by email), you agree to be bound by these Terms and any additional terms contained in that agreement.
(d) You warrant that all information provided to Omniche Advisory is true, accurate and up to date, and you acknowledge that the provision of false or misleading information may result in the termination or suspension of services.
(e) You may not engage Omniche Advisory’s services, and these Terms may not be enforceable, if:
(i) you are not of legal capacity to enter into binding agreements under Australian law; or
(ii) you are otherwise prohibited from receiving services under any applicable laws or regulations.
4. Your Obligations When Using the Website
(a) By accessing and using this Website, you agree to comply with the following obligations:
(i) you will only use the Website and its contents for lawful purposes, in accordance with:
(A) the Terms and Conditions; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you will not use this Website or its content:
(A) In any way that breaches any applicable local, national, or international law or regulation;
(B) For any purpose that is unlawful or fraudulent, or has any unlawful or fraudulent intent or effect;
(C) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material (spam);
(D) To knowingly transmit any data, send or upload any material that contains viruses or harmful code designed to adversely affect the operation of any software or hardware.
(iii) you must not interfere with, disrupt, or create an undue burden on the Website, its infrastructure, or the associated networks and systems.
(iv) you must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or its content without the express written permission of Omniche Advisory.
(v) any unauthorised linking to, or framing of, the Website is prohibited. We reserve the right to disable any links or frames at our discretion.
(vi) you agree not to attempt to gain unauthorised access to the Website, the server on which it is stored, or any server, computer, or database connected to the Website.
(vii) you must not use the Website to transmit unsolicited or unauthorised advertising, promotional material, or spam. We reserve the right to remove or block any such attempts without notice; and
(viii) you agree not to use any automated system, software, or means to access or interact with the Website for any purpose without prior written consent from Omniche Advisory.
5. Payment
Where applicable, payments for Services are handled under separate agreements with clients. These Terms do not cover or govern individual commercial contracts between Omniche Advisory and its clients. Please refer to the terms outlined in your formal engagement or service agreement.
6. Refund Policy
Refunds, if applicable, are subject to the terms of your engagement agreement with Omniche Advisory. We reserve the right to offer refunds at our discretion and in accordance with applicable Australian Consumer Law.
7. Copyright and Intellectual Property
(a) The Website and all its contents, including but not limited to text, graphics, logos, images, audio, video, code, and design, are the property of Omniche Advisory or its licensors and are protected under Australian copyright and intellectual property laws.
(b) Except where otherwise permitted under law or with prior written permission, you may not use, copy, modify, distribute, display, or create derivative works from any content on the Website.
(c) Omniche Advisory grants you a limited, non-exclusive, revocable licence to view the Website and its content for personal, non-commercial purposes only.
8. Privacy
Omniche Advisory takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Omniche Advisory's Privacy Policy, which is available on the Website.
9. General Disclaimer
(a) Omniche Advisory provides the Website and its content on an "as is" basis. While we make reasonable efforts to ensure the accuracy of the content, we do not guarantee its completeness, reliability, or suitability for any purpose.
(b) We do not accept any liability for any loss or damage arising from your use of or reliance on the Website or any third-party links contained on the Website.
(c) Nothing in these Terms excludes or limits your statutory rights under Australian Consumer Law.
10. Limitation of liability
(a) Omniche Advisory's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Omniche Advisory, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss ofprofit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Omniche Advisory. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Omniche Advisory will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Omniche Advisory as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) providing Omniche Advisory with days' notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where Omniche Advisory has made this option available to you.
(iv) Your notice should be sent, in writing, to Omniche Advisory via the 'Contact Us' link on our homepage.
(c) Omniche Advisory may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Omniche Advisory is required to do so by law;
(iii) the provision of the Services to you by Omniche Advisory is, in the opinion of Omniche Advisory, no longer commercially viable.
13. Indemnity
You agree to indemnify Omniche Advisory, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings inrelation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
14.2. Notice
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the ;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in VIC or NSW, Australia.
14.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this disputeresolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Services offered by Omniche Advisory is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of VIC or NSW, Australia.
16. Governing Law
The Terms are governed by the laws of VIC and NSW, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of VIC and NSW, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
18. Contact
For questions about these Terms or to report any issues, please contact:
Omniche Advisory Pty Ltd
Level 2 501 La Trobe St
Melbourne, VIC 3000
Or
11 Barrack Street,
Sydney NSW 2000
contact-us@omnicheadvisory.com
ABN 42 637 380 002