Omnis Migration Services - Terms of Use

 

Introduction. This website, www.omnismigration.com.au (the “Website”) is owned and operated by Larisa Mabei T/AS Omnis Migration Services, ABN: 66 771 580 326 (“Omnis”, “We”, or “Our”).

 

Omnis is an Immigration consultancy firm based in Sydney. Omnis specializes in providing clients with comprehensive and broad Australian Immigration advice.

 

Acceptance of Terms. These Terms of Use (“TOU”) is a legal agreement between the user of the Website (“You”) and Omnis Migration. The TOU governs your use of the Website and Omnis’ proprietary software, third party proprietary software, information provided by Omnis, information obtained by Omnis from its content licensors or publicly available sources, pictures, graphics as included in this Website, (collectively “Omnis Content”).You agree that your access to and use of the Website and Omnis Content is subject to these TOU.

 

By browsing the Website, downloading, uploading information or using Omnis Content in any way or form, You, on behalf of yourself or on behalf of the entity you represent agree that the TOU creates a legally binding agreement between You or the entity You represent (the “Entity”) and Omnis. If You are accepting these TOU on behalf of the Entity, You represent that You have the authority to bind such Entity to the TOU. Likewise, by using our Website and accessing Omnis Content, you indicate that You accept the TOU and agree to abide by them. If You do not agree to the TOU, You must refrain from using the Website.

 

Amendment. Omnis reserves the right to amend the TOU at any time subject to notifying You, when you access the Website. Amendments will be effective immediately upon notification on the Website. You agree to look at the terms regularly. Your continued use of the Website following such notification will constitute an agreement by You to be bound by the TOU as amended. The foregoing notwithstanding, You agree and accept all future amendments that may be published by Omnis from time to time as a condition to continuous use of the Website and access Omnis Content.

 

Order of Precedence. In the event of conflict between these TOU and any other agreement between You and Omnis or between the Entity and Omnis, these TOU will prevail, except for any express exemption in the Agreement.

 

Privacy. The Privacy Policy at our web page www.omnismigration.com.au/privacystatement governs any personal information you provide to us. By using the Website you agree to the terms of the Privacy Policy.

 

Eligibility.  You agree that use of the Website and access to Omnis Content is available only to persons who can enter into a legally binding contracts under Australian law. You may only access the Website and use Omnis Content if you are allowed by law to enter into a binding contract with Omnis.

 

Availability. The availability of the Website may vary from time to time. The Website may become unavailable due to planned downtime, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike, Internet service provider failure or delay.

We do not guarantee uninterrupted access to the Website at all times, that the Website will operate continuously and that it will be error-free. We take no responsibility for any loss or damage suffered by You as a result of the presence of malicious codes, virus, inadvertent errors that may cause the Website to become unavailable or inaccessible.

 

Passwords. You are responsible for the security of Your login ID and password (“Identifications”) for the Website. You agree that any person using Your Identification issued for the Website will be treated by Omnis as having been authorized by You to access Your Data as contained on the Website, and take any other actions on Your behalf. You will indemnify and hold harmless Omnis and its affiliated companies from all damages, costs, expenses, liabilities and claims incurred by them arising out of any action taken by any person or entity using an Identification. 

You shall use reasonable endeavours to prevent unauthorized access to restricted areas of the Website and Omnis Content to which you have been granted access, and notify Omnis promptly of any such unauthorized access or use.

 

Use. You must use the Website and Services responsibly. You are directly responsible for compliance with the TOU.You agree to adhere to all limitations on the use and reproduction of any content that you download or access from the Website. You agree to use the Website and Omnis Content only for purposes that are permitted by these TOU and any applicable law or regulation relevant to Omnis business.

 

Unless expressly agreed to by Omnis in writing elsewhere, Omnis has no obligation to store any information that you provide to Omnis via the Website, any material that you upload, post, email, transmit or otherwise make available through your use of the Website or via Omnis Content (“Your Data”). Likewise, Omnis has no liability for the deletion or accuracy of any Omnis Content or Your Data, the failure to store, transmit or receive transmission of Your Data, or the security, privacy, storage or transmission of other communications originating with or involving use of the Website and/or Omnis Content. You are responsible for the accuracy, quality and legality of Your Data and the means by which You acquired Your Data.

 

Information on the website is provided for personal, non-commercial use and does not constitute legal or migration advice. It is in your own interest to consult Omnis’ Registered Migration Agents prior to applying for a visa or making a formal migration decision.

 

Usage Restrictions.You agree not to access or attempt to access the Website by any means other than as provided by Omnis.

 

You must not:

  1. misuse the Website or Omnis Content

  2. sell, resell, license, sublicense, distribute, rent or lease any part of Omnis Content.

  3. use the Website to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights.

  4. use the Website  to store or transmit Malicious Code,

  5. interfere with or disrupt the integrity or performance of the Website

  6. use the Website or Omnis Content to construct any kind of database;

  7. share content or engage in behaviour that violates any party’s Intellectual Property Right

  8. upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, vulgar, lewd, profane, invasive of another’s privacy, or hateful;

  9. place advertisement of any products or services on the Website;

  10. use any data mining or similar data gathering and extraction methods in connection with the Website; or

  11. violate any applicable or relevant law

 

Linked Websites. The Website may contain features designed to interoperate with applications provided by third party service providers, hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. To use such features, Customer may be required to obtain access to Linked Websites from third party service providers You visit any Linked Website entirely at your own risk.

 

Anti-Spam. Publication of any email addresses on this website is not taken to be consent to receive any unsolicited electronic correspondence.

 


Confidential Information. Omnis considers Your Identifications, Your Data and information contained in non-public areas of the Website confidential and proprietary (“Confidential Information”) and will not use such Confidential Information for any other purpose outside the scope these TOU. You agree to restrict disclosure of Confidential Information to employees, contractors and other representatives of Your company with a clear need to know and to advise such employees, contractors and other representatives of the existence and terms of the TOU and the obligations of confidentiality herein. 
 

Ownership and Intellectual Property Rights. At all times the Intellectual Property Rights  (including copyright, trademark, trade secrets and any other form of intellectual property rights) in the Website and Omnis Content shall be owned by, vested in and remain the exclusive property of Omnis.

 

The Website, its design and arrangement, Omni Contents are protected by copyright. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Omnis or third parties. You are not permitted to use them without the prior consent of Omnis or the third party that may own the Marks.

 

You may not copy the Website or commercialise Omnis Content or any information derived from the Website except with our prior consent written or as permitted by applicable copyright legislation.

 

 

Disclaimer. You understand and agree that the Website and Omnis Content are provided on “as is” and “as available” basis. Omnis makes no representation or warranty, either express or implied, regarding the Website, its availability, reliability, accuracy, currency, intention, completeness, timeliness or accuracy of the Information contained therein. Omnis does not guarantee that You will have uninterrupted access to the Website or that the Website will be error-free or timely updated. To the extent permitted by law and except for your statutory rights which cannot be excluded legally, Omnis disclaims all such warranties (including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement). Likewise, We do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; You expressly acknowledge that we do not exert control over users of the Internet, the providers of internet service and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access or lack of access to the Website.

You acknowledge that information available on our Website may be derived from information available on the Department of Immigration and Border Protection’s (“DIBP”) website (“Immigration Information”). Whilst Omnis, its employees and associates endeavor to provide accurate and current information on the Website at all times, You acknowledge that Australian Immigration laws, regulations, policy, practice and guidelines are subject to frequent change without notice and Omnis accepts no responsibility for any errors ( typographic or otherwise) provided or included in the Website. Likewise, undertakes no obligation to ensure the currency and accuracy of such Immigration Information.

 

Limitation of Liability. Omnis, its related companies, directors, employees, representatives or agents must not, under any circumstance be held liable for any indirect, special, punitive, exemplary, incidental or consequential damages arising out of the use or inability to use the Website or Omni Content. This includes, but is not limited to the loss of data or loss of data, loss of profit even if it was reasonably foreseeable or Omnis was advised of the possibility of such damages.

Neither Omnis nor its affiliates assumes any responsibility for any loss, damages arising from non-compliance with the TOU.

To the maximum extent permitted by law, Omnis exclude completely all liability to You or any person for loss or damage of any kind ( however caused, including by negligence) arising directly or indirectly from or in connection with accessing or using the Website or Omnis Content. Where any law implies a liability that cannot be excluded, any such liability is limited and provided for by the Competition and Consumer Act 2010 (Cth).

 

Indemnity. You agree to indemnify Omnis for all loss or damage, penalties, fines, expenses and costs (including legal costs) which arise out of, or relate to Your Data, your use of this Website or Omnis Content, or any damage that you may cause to this Website. Your indemnification obligation includes, without limitation, liability arising from claim(s) relating to copyright, infringement, defamation, invasion of privacy and trade mark infringement.

 

Termination by You. You may stop using the Website at any time.

 

Termination by Us. We may terminate the TOU as well as your access to the Website by notifying you via the Website if:

  1. You breach any provision of the TOU)

  2. We are required to do so in compliance with applicable law.

  3. It is reasonable to do so for cause or for our convenience

 

Survival. Upon expiration or termination of the TOU, the provisions concerning confidentiality, use, use restrictions indemnity, limitations of liability, disclaimers and restrictions of warranty (as well as any other terms which, by their nature, are intended to survive termination or expiration) of this Agreement will survive any termination or expiration of the TOU.

 

Notice to Omnis. You may send the notices to us to at the following address: Attention: Larisa Mabei, Omnis Migration Services16-18 Carlton Parade, Carlton, NSW 2218 Australia

 

Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.

 

Entire Agreement. These terms constitute the entire agreement between You and Omnis Content us regarding your use of the Website and Omnis Content and supersede any prior agreements between you and us relating to the Services.

 

Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.

 

Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

 

No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.

 

Governing Law. Any dispute arising out of or relating to the TOU (“Disputes”) will be governed by the laws of New South Wales, Australia.

 

Arbitration. Subject to the Injunctive Relief provision below, all Disputes will be finally resolved by binding arbitration pursuant to the Rules of Arbitration of the International Chamber of Commerce. Proceedings will be conducted in –New South Wales - Australia, using the English language, before one arbitrator selected pursuant to those rules. The arbitrator: (i) will have the authority to determine issues of arbitrability and to consider and rule on dispositive motions; (ii) will have authority to award compensatory damages only and will not award punitive or exemplary damages; and (iii) will not have the authority to limit, expand or otherwise modify the terms of the Agreement. The parties, their representatives, other participants and the arbitrator will hold the existence, content and result of arbitration in confidence.

 

Injunctive Relief. Nothing in this Section will be construed to preclude either party from seeking provisional remedies, including but not limited to temporary restraining orders and preliminary injunctions from any court of competent jurisdiction in order to protect its rights pending arbitration.

 Migration Agents Registration Number 1464680