Terms of Use

Terms of Use

 

This website is operated by Omnico Corporation, its related bodies corporate and trusts (together called "Omnico") under the domain name www.omnico.com.au ("Website"). These Terms of Use and the Privacy Statement together apply to, and govern your access, use and interaction with the Website.

 

Omnico includes the operating entities listed at www.omnico.com.au.

 

By proceeding with your access, use or interaction with the Website you agree to accept these Terms of Use and Omnico agrees to grant you a non-exclusive, non-transferable licence to use this Website in accordance with these Terms of Use. 

 

Pursuant to this licence and subject to the absolute right of Omnico to vary access to all or any part(s) of the Website, you acquire a non-exclusive right to:

 

view the material in the Website;

access material contained in the Website; and

use the Website strictly in accordance with the provisions of this licence.

We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use as amended.

 

In addition to the terms contained in these Terms of Use, there are also specific terms relating to certain sections of the Website which also form part of the terms of use and govern your  access, use and interaction with those sections of this Website (“Additional Terms”). Since you are also bound by these Additional Terms, you should review them wherever they are accessible by you on the Website. In the event of any inconsistency between the provisions of these Terms of Use and the Additional Terms, the  Additional Terms prevail to the extent of the inconsistency.

 

 

Links to other websites

 

The Website may contain links to other websites operated by third parties ("Third Party Websites"). Omnico does not endorse, or approve of the operators of Third Party Websites, or the content, information, graphics and material on those Third Party Websites ("Third Party Material") and you acknowledge and agree that your use of these Third Party Websites is at your own risk.

 

Subject to any applicable law which cannot be excluded, Omnico makes no warranties or representations:

 

regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or

that Third Party Material does not infringe the intellectual property rights of any person. Omnico is not authorising the reproduction of Third Party Material by linking material on this Website to Third Party Material.

When you follow a link on this Website, material on a Third Party Website may be displayed in your browser framed by material on this Website. This material is also Third Party Material for the purpose of these Terms of Use.

 

All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator. In so far as such offers and statements are made on the Website, such offers and statements are made by Omnico on behalf of the Third Party Website operator. Omnico expressly disclaims acting in any other respect on behalf of Third Party Website operators.

 

Omnico may receive payments from operators of Third Party Websites in relation to goods or services supplied by the Third Party Website operator as a result of you linking to the Third Party Website from this Website.

 

Your access to Third Party Websites may be governed by the Third Party Websites’ own terms of use.

 

You may not create a link to this Website from another website or document without our prior written consent.

 

 

Website content

 

Omnico is either the owner or the licensed user of the copyright in the materials and information on this Website including without limitation any logo, design, floorplans, text, graphic and their arrangement ("Content"). Unless we indicate otherwise, you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without the prior written consent of Omnico or the written consent of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.

 

You acknowledge and agree that if you contribute content to the Website, such content will become the property of Omnico and you hereby assign all rights, title and interests in and to such contributions, to Omnico.

 

Subject to the terms of our Privacy Statement and any legal or regulatory obligations, any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions ("Feedback"), will be deemed to be non-confidential. Omnico has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. In addition, Omnico will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.

 

Omnico reserves the right to remove any Content from this Website at any time, for any reason including, but not limited to, for any breach of these Terms of Use or upon receipt of claims or allegations from third parties or authorities relating to such Content.

 

 

Indemnity

 

You agree to indemnify, hold harmless and keep Omnico and its  associates, directors, officers, employees, agents and contractors indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of, or relating to your conduct, your use of this Website, your breach of provisions this licence or these Terms of Use, or your breach of any rights of third parties.

 

 

Trademarks

 

The "Omnico" name and all its associated trade marks are trade marks of Omnico.

 

Any other trade marks appearing on this Website may be the trade marks of the relevant owners.

 

You must not use any trademarks that appear on this Website without the written consent of Omnico or the relevant trademark owner.

 

 

Your conduct when using this Website

 

You acknowledge and accept that your use of the Website indicates your acceptance of this licence and these Terms of Use and that you are responsible for all of your activity in connection with accessing, using and interacting with, the Website.

 

In accessing, using or interacting with, the Website, you must not:

 

take any steps to obtain unauthorised access to this Website or any parts thereof that are not opened to public access or which you do not have a right or licence to access;

disrupt or interfere with or make attempts to disrupt or interfere with:

the Website;

any other user's enjoyment of this Website or Third Party Websites; or

any services, system resources, accounts, servers or network connected to or accessible through this Website or Third Party Website;

engage or make attempts to engage in any kind of illegal, criminal or tortious activity whatsoever through the use (whether direct or indirect) of the Website or Third Party Websites;

use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form on this Website without the express consent of Omnico except as expressly authorised by this licence;

use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on this Website, without the prior written consent of Omnico;

take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the Website;

reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;

post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication; or

use or attempt to use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity.

 

User Responsibility

 

In accessing this Website, you acknowledge and agree that:

 

you must comply with all applicable local, state, national and international laws and regulations that relate to your use of, or your activities on, this Website. Omnico reserves (at its absolute discretion) the right to report potentially criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user;

if Omnico issues you with a password that permits you to access certain parts of this Website, you are solely responsible for the security of that password and for any use of the Website through such access, whether authorised or not; and you have exercised your independent judgment and have not relied on any warranty or representation made by Omnico which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Omnico (which material may be out of date or superseded).

 

Disclaimers

 

While Omnico has endeavoured to ensure that all information provided on this Website is complete, accurate and up to date, the Content and this Website are provided "as is" and "as available" and Omnico takes no responsibility for any error or omission relating to this information. The existence of inaccurate, incomplete or superseded material in this Website will not cause Omnico to be in breach of the terms of the licence.

 

To the maximum extent permitted by law, Omnico:

 

disclaims all warranties or representations, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement; and

will not be liable for any cost, loss or damage suffered by you through your use of the Website or Omnico’s failure to provide access to the Website or any Third Party Websites or any information updates.

The Content may contain general information about Omnico’s products and services. Unless expressly stated otherwise, the Content does not:

 

constitute an offer or inducement to enter into a legally binding contract;

form part of the terms and conditions for Omnico’s products and services;

purport to provide you with personal financial or investment advice of any kind; or

take account of your particular financial or other personal position or requirements.

This Website may include information about stocks and their prices. The information made available on stock prices on this Website does not reflect the current or "real time" price of the stock. Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described.

 

Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

 

 

Warranties and representations

 

Omnico does not warrant or make any representations:

 

that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website; or

in relation to the use or the results of the use of the Content or this Website, as to their correctness, accuracy, reliability, or otherwise; or

that use of this Website will be compatible with the hardware and software you are using to access it; or

that the functions contained in this Website or Third Party Websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in this Website and other Third Party Websites are free of harmful components.

Omnico will not be liable for any indirect or consequential losses arising out of a breach of this licence or the Terms of Use, or arising out of the supply of a defective program or incorrect materials.

 

Subject to any responsibilities implied by law and which cannot be excluded, Omnico and its associates, directors, officers, employees, agents and contractors expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on Omnico, or implied into this licence or these Terms of Use, under any law are hereby excluded.

 

To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence or these Terms of Use, which cannot be lawfully excluded, such terms will apply, save that the liability of Omnico for breach of any such implied term will be limited to the maximum extent possible, at the option of Omnico, to any one or more of the following:

 

the replacement of goods or services to which the breach relates or the supply of equivalent goods or services;

the repair of such goods or services;

the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; or

the payment of the cost of having the goods repaired or the services performed again.

Nothing in this licence is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.

 

Omnico reserves the right to make any change, add or remove any material in or from this Website without notice. Omnico may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.

 

 

Termination and suspension

 

Omnico reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate this Website or any service offered by or through this Website, at any time. All provisions of this licence and these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities.

 

 

Waiver

 

Failure or neglect by Omnico to enforce at any time any of the provisions of this licence or these Terms of Use shall not be construed or deemed to be a waiver of the rights of Omnico under this licence or these Terms of Use.

 

No waiver by Omnico of its rights under this licence or these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

 

 

Privacy

 

Omnico respects your privacy. If you provide information to us through using, accessing or interacting with, the Website, you agree to provide accurate, current and complete information and agree to maintain and update such information where appropriate. The Privacy Statement applicable to this Website explains how personal information will be treated as you access, use and interact with this Website, as well as how Omnico manages the collection, use, disclosure, storage of your personal information and can be accessed on the Privacy page of this Website.

 

 

Severability

 

If any parts of these Terms of Use or licence are deemed to be unlawful, void or for any reason, unenforceable then that provision may be severed from this licence and it will not affect the validity and enforceability of the remaining provisions.

 

 Applicable law

 

This licence is governed by and construed in accordance with the laws of Victoria Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Effective: 6 July 2021