Terms and Conditions

The following General Terms and Conditions for the Rendering of Professional Services (“General Terms and Conditions”) describe the terms and conditions pursuant to which omniEffect, will provide Services to a customer.

  1. DefinitionsThe following expressions used in these General Terms and Conditions shall have the following meaning, unless the context clearly requires otherwise:
    • Agreement:means any agreement between omniEffect and the Customer with respect to the actual rendering of Services, in which the terms and conditions of the General Terms and Conditions will be regarded to be incorporated by reference, including any Work Order or schedules thereto;
    • Customer:means any person or corporation which has concluded an Agreement with omniEffect with respect to the rendering of Services;
    • Fees:means the fees payable by the Customer to omniEffect for the Services provided pursuant to a Work Order;
    • Goods:means any (novel) software programs, source and object codes, specifications, designs, processes, techniques, concepts, improvements, discoveries, ideas, inventions and related documentation, made or arising in connection with the Services;
    • Rights:means all intellectual property rights, including but not limited to patents, copyrights, design rights, database rights, trademarks and trade names, including any applications in respect thereof, and all rights regarding inventions, know-how and trade secrets under Australian and foreign law, pertaining to the Goods;
    • Services:means the services elected by the Customer and rendered by omniEffect, including but not limited to implementation services, system integration services, business and either or technical consultancy services and training, excluding the provision of any updates, new releases or new versions or the tracing or repairing of defects with respect to the Goods;
    • Work order:means an agreement executed between omniEffect and the Customer (substantially in the form attached to in Schedule) for the rendering of Services specifying i.e. the kind of Services requested and the applicable fees.
  2. ApplicabilityThese General Terms and Conditions are applicable to any Agreement between omniEffect and the Customer with respect to the rendering of Services. The applicability of conditions of supply, delivery, and/or payment and other (general) conditions of Customer is hereby explicitly excluded, regardless of any failure of omniEffect to object to such conditions.
  3. Relationship of Parties
    • Independent Parties.Each party will be and act as an independent contractor and not as an agent or partner of, or joint venturer with, the other party for any purpose related to any Agreement or the transactions contemplated by any Agreement, and neither party by virtue of any Agreement will have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
    • Contact Persons.Each party will appoint in writing an employee or agent of such party to act as the “Contact Person” for all communication between the parties related to the Services. The Contact Person will be responsible for monitoring the status of the Services and will schedule regular meetings with both technical and management personnel of each party to review the status of the Services. Either party may change its Contact Person upon written notice to the other.
    • If an individual being assigned to the project by omniEffect is not acceptable in the reasonable opinion of the Customer, omniEffect shall make commercially reasonable efforts to replace said individual with another individual acceptable to Customer. omniEffect may, at its sole discretion, replace individuals assigned to the project with other individuals having similar qualifications or assign new individuals to the project.
    • Non-Solicitation.The Customer acknowledges and agrees that the employees and consultants of omniEffect who perform the Services are a valuable asset to omniEffect and are difficult to replace. Accordingly, the Customer agrees that, during the rendering of Services and for a period of 1 year after the completion of the Services, it will not solicit/offer employment (as an employee, independent contractor, or consultant) to any omniEffect employee or consultant deployed by omniEffect who renders any of the Services. In the event the Customer is in breach of this provision, omniEffect will be entitled to recover from the Customer liquidated damages equal to the greater of (i) the gross revenue generated by such employee or consultant for the 12-month period immediately preceding the breach or (ii) the employee’s or consultant’s gross income paid by omniEffect in the same 12-month period.
    • omniEffect will perform the Services under the direction and responsibility of Customer. omniEffect may subcontract any and all of its rights and obligations under any Agreement.
  4. Work Orders
    • Nature of the Services.The generic nature of the Services to be rendered by omniEffect to the Customer will be set forth in Work Orders. omniEffect will not have any obligations towards Customer with respect to any project unless parties have executed a Work Order. Each Work Order shall be governed by the terms and conditions of these General Terms and Conditions.
    • Each Work Order will set forth or incorporate by reference:
      (i) A description of the Services to be performed;
      (ii) The fee rates which will be applicable on a time and materials basis;
      (iii) The location where the Services will be performed;
      (iv) The professional categories to be deployed in the project;
      (v) If applicable (and solely and exclusively for planning purposes), the time periods for starting and completing the project, and the number of days such individuals shall be retained;
      (vi) A description of any software to be provided by and licensed from third party vendors required for the Services;
      (vii) The acceptance procedure for the Services to be performed, if applicable;
      (viii) Any other relevant terms and conditions as may be agreed by the parties in writing.
    • Changes to Work Orders regarding the items (i) to (viii) mentioned in section 4.2 above shall be accomplished by either a) written amendment to the applicable Work Order or b) via an e-mail confirmation from Customer’s Contact Person upon the proposal prepared by omniEffect’s Contact Person.
    • Unless otherwise specifically noted in the applicable Work Order, if omniEffect renders services to Customer with respect to any omniEffect proprietary software, the Services will be provided for the release of the software used by the Customer on the date of execution of the Work Order (under the conditions that said release of the software is supported by omniEffect pursuant to the terms of the applicable license agreement). omniEffect will not be responsible for the migration or re-implementation of the Services for future releases of the software, unless Customer separately contracts for such migration or re-implementation.
  5. Manner of PerformanceomniEffect will perform the Services in a manner consistent with generally accepted industry standards and shall use its commercially reasonable efforts to perform the Services in accordance with the terms and conditions of any Work Order. However, it is understood that the time schedules and budgets mentioned in a Work Order are estimates and that omniEffect will not be regarded to be in default by the mere exceeding of any time schedule or budget estimate included in any Work Order or related correspondence. If omniEffect foresees that the time schedules or budget estimate(s) included in the Work Order will be exceeded, it will inform Customer in writing accordingly.
  6. Dispute Resolution.If a dispute concerning the terms or intention of this Agreement arises between the Parties, it must be referred, in the first instance, to the level of senior management of the Parties in an attempt to amicably settle the dispute or difference by negotiation.
  7. No representationsNo employee, agent, representative or affiliate of omniEffect has authority to bind omniEffect to any oral representations or warranty concerning the Software or Services. Any written representation or warranty not expressly contained in this Agreement is unenforceable.
  8. Customer’s duties and responsibilities
    • Data and Information.The Customer will make available in a timely manner and at no charge to omniEffect all technical data, computer facilities, programs, files, documentation, test data, sample output, or other information and resources required by omniEffect for the performance of the Services. The Customer will be responsible for, and assumes the risk of any problems resulting from the content, accuracy, completeness, and consistency of all such data, materials, and information supplied by the Customer.
    • The Customer will provide, at no charge to omniEffect, office space, services and equipment (such as copiers, fax machines and modems) as omniEffect requires to perform the Services. Customer agrees that certain Services to be performed by omniEffect hereunder may be provided via remote access, requiring the establishment of a secure link via the internet, and the Customer agrees that it will assist omniEffect in establishing such a remote connection. omniEffect agrees to abide by standard security procedures required by the Customer and notified to it pursuant to the establishment of such a connection.
  9. Fees and Payments
    • The Customer will pay omniEffect on a time and materials basis for the Services in accordance with the fees set forth in the applicable Work Order. omniEffect reserves the right to modify the fees by providing the Customer with thirty (30) days prior written notice. omniEffect will invoice the Customer on a weekly basis as Services are performed. All payments for Services and related expenses needs to be made within seven (7) days of the date of the applicable invoice.
    • Unless otherwise agreed in the Work Order, the Customer will reimburse all reasonable travel and other related expenses incurred by omniEffect in performance of the Services.
    • Taxes and Prices.All charges and fees pursuant to any Work Order are exclusive of and do not include any taxes, duties, or similar charges imposed by any government. Customer agrees to pay or reimburse omniEffect for taxes, fees, or duties arising out of any Agreement or the transactions contemplated by any Agreement (other than taxes on the net income of omniEffect).
    • The Customer will pay omniEffect one percent (1.0%) interest per month on the outstanding balance of any fees or expenses not paid within fourteen (14) days of the date of the applicable invoice.
    • No-Offset.Fees and expenses due from the Customer under any Agreement may not be withheld or offset by the Customer for any reason. In any action or proceeding brought by omniEffect to recover fees or expenses to be paid by Customer under this Agreement, there will be included as an item for damages that omniEffect will be entitled to recover reasonable attorneys’ fees incurred by reason of such action or proceeding.
  10. Rights
    • All Rights in the Goods will solely and exclusively vest in omniEffect. The Customer is not able to sell, transfer, publish, display, disclose, or otherwise make these Rights available to any third party without the prior written consent of omniEffect.
    • Right to Use.Upon completion of the Services under the applicable Work Order and full payment to omniEffect of all fees due for the respective Services under the applicable Work Order, the Customer will be granted a non-exclusive, nontransferable license to use the Goods for internal purposes only.
  11. Support
    Support and maintenance for any of the Goods is not covered by any support agreement which may have been concluded between omniEffect and the Customer with respect to any software licensed by omniEffect to the Customer. In the event that the Customer needs to obtain support for any of the Goods, the Customer may separately contract with omniEffect pursuant to mutually agreeable support terms and conditions.
  12. Indemnification for infringement
    • omniEffect will, at its expense, defend or settle any claim, action or allegation brought against the Customer that the Goods infringe any patent, copyright, trade secret or other proprietary right of any third party and shall pay any final judgments awarded or settlements entered into, provided that Customer gives prompt written notice to omniEffect of any such claim, action or allegation of infringement and gives omniEffect the authority to proceed as contemplated herein. omniEffect will have the exclusive right to defend any such claim, action or allegation and make settlements thereof at its own discretion, and Customer may not settle or compromise such claim, action or allegation, except with prior written consent of omniEffect. The Customer shall give such assistance and information as omniEffect may reasonably require to settle or oppose such claims. In the event any such infringement, claim, action or allegation is brought or threatened, omniEffect may, at its sole option and expense: (i) modify or amend the Goods or infringing part thereof, or replace the Goods or infringing part thereof with other goods having substantially the same or better capabilities; (ii) procure for the Customer the right to continue the use of the Goods or infringing part thereof; or (iii) if neither of the foregoing is commercially practicable, omniEffect shall terminate the Agreement with respect to the infringing part of the Goods and refund the fees paid by the Customer for the infringing part thereof. omniEffect will then be released from any further obligation whatsoever to Customer in connection with the infringing part of the Goods.
    • This Section 11 states the entire liability of omniEffect with respect to infringement of any (intellectual or industrial property) rights of any third party.
  13. Limitation of liability
    • Except as expressly stated in this Section or where an exclusion of liability is prohibited by law, omniEffect shall have no other liability of any nature, whether in contract, tort or otherwise, for any damage whatsoever and howsoever caused arising from or in any way connected with the performance of Services to the Customer.
    • omniEffect will not be liable for any damage suffered (or cost incurred) by Customer due to the provision of false, misleading or incomplete information or documentation by or on behalf of Customer.
    • omniEffect explicitly disclaims any warranty of merchantability, quality or fitness for a particular purpose with respect to the Goods.
    • omniEffect’s maximum aggregate liability to Customer, its employees, agents, subcontractors or other representatives, for damage, including interest, connected with or arising out of Services provided to Customer (whether in contract or in tort or under any other form of liability) shall in no event be greater than the amount of the fees paid by Customer under the applicable Work Order.
    • In no event will omniEffect be liable for any loss of profits, loss of use, business interruption, loss of data, cost of cover or indirect, special, incidental or consequential damages of any kind in connection with or arising out of the performance of Services to Customer, including any delay in rendering the Services to Customer.
    • Any liability of omniEffect towards the Customer, its employees, agents, subcontractors or other representatives for bodily injury or death connected with or arising out of the performance of Services to Customer will be limited to the amounts paid to omniEffect by the insurance company under the respective insurance policy(s).
    • The above limitations of liability do not apply in case of grossly negligent or willful misconduct of omniEffect.
    • No action for alleged breach of an Agreement or the transactions contemplated by an Agreement may be brought by the Customer more than ninety (90) days after the cause of action has accrued. A cause of action will be deemed to have accrued when a party knew or reasonably should have known the cause of action.
  14. Term and Termination
    • An Agreement will take effect on the date of execution by both parties and will remain in effect, until all of the Services have been completed unless earlier terminated in accordance with Section 13.2.
    • Termination Each party shall be entitled to terminate or dissolve an Agreement in whole or in part, with immediate effect, by notice sent by registered mail and without prejudice to the right to claim damages, in the event and at the time when:
      – the other party applies for (provisional) suspension of payments;
      – the other party has presented a petition of bankruptcy or is declared bankrupt;
      – the other party is dissolved; -the other party closes down its business;
      – the other party fails to pay any amount due to the other Party within thirty (30) days after
      – the other party gives written notice of such non-payment;
      – the other party fails to meet any other substantive obligation under an Agreement or fails to perform it promptly or satisfactorily and if this attributable default is not remedied within a period of 30 days after a written notice of default; and/or performance by the other party is impossible on a permanent basis, without any case of force majeure.
    • Effect of Termination.Rights and obligations which in their nature are intended to continue even after termination or dissolution of the respective Agreement will continue to exist after termination or dissolution of the respective Agreement, including amongst others, the provisions with respect to payment of fees, the Rights, limitation of liability, confidentiality, governing law and competent courts.
  15. Confidentiality
    • The parties will receive and hold in complete confidence all information which they may obtain directly or indirectly pursuant to any Agreement or the execution thereof including the contents and substance of the respective Agreement itself (the “Confidential Information”). The parties will take such steps as may be reasonably necessary to prevent disclosure of the Confidential Information to others.
    • Limited Use.The parties will not use any of the Confidential Information, except as necessary for the proper execution of the respective Agreement, it being further understood that the Confidential Information may be communicated in confidence within the receiving party’s organization, but only to those persons having a need to know such information for the proper execution of the respective Agreement. The parties warrant that the above mentioned persons within their respective organizations will be bound by the same confidentiality obligations that the parties have agreed upon in the respective Agreement. The parties further warrant that the Confidential Information shall be kept in secure places, under access and use restrictions not less strict than used by the parties itself to protect their own business secrets.
    • The parties agree to return all tangible Confidential Information that has been received from the other Party under any Agreement including all copies made thereof, promptly upon request by the disclosing party.
    • The obligations imposed by this Section 14 will continue in effect for the term of ten (10) years from the date of the last disclosure of any Confidential Information.
  16. Miscellaneous
    • Any waiver of the provisions of the General Terms and Conditions or Agreement, or rights or remedies of either party must be in writing to be effective. Failure, negligence or delay to enforce any such rights or remedies at any time, will not be construed as a waiver and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party’s right to make subsequent action.
    • If any provision in the General Terms and Conditions or Agreement is found to be invalid, unlawful or unenforceable to any extent, the parties will in good faith agree to such amendments that will preserve, as far as possible, the intentions expressed in this General Terms and Conditions or Agreement. If the parties fail to agree on such an amendment, such invalid provision will be severed from the remaining provisions, which will continue to be valid and enforceable to the fullest extent permitted by applicable Law.
    • Public Announcements.The Customer agrees that omniEffect may use its name in press releases, product brochures, and financial reports indicating that Customer is a customer of omniEffect. Any quotation of Customer will be subject to Customer’s prior consent which will not be unreasonably withheld or delayed.
    • Governing Law and Competent Court.This General Terms and Conditions and any Agreement will be interpreted and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict of law principles. Any dispute will be finally and exclusively resolved by the competent court in Australia.

Terms of Use

Welcome to omniEffect’s website. By accessing or using this website, you agree to the Terms of Use of our website set out below or as amended from time to time at our discretion. A version of the current Terms of Use will be available on this website as they are changed.
In these website Terms of Use, “omniEffect” “us”, “we” or “our” means omniEffect Pty Ltd and each of its related bodies corporate, any of their respective employees or any person contributing to this website.

omniEffect reserves the sole right to determine your eligibility for access, the extent of your access, and the level of information or services available to you via this website. omniEffect may suspend or terminate your access to or use of the website at any time for any reason.

Nature of Information

The material on this website is intended only to provide a summary and general overview on matters of interest. It is provided “as is” and is not intended to be comprehensive nor does it constitute advice or a representation of the services we or other parties are able to offer you. You must make your own assessment of it and rely on it wholly at your own risk.

The information on this website is liable to be changed, updated or added to without notice. However, omniEffect does not undertake to keep this website updated nor do we guarantee its currency as there may be delays, inaccuracies, errors or omissions.

Liability

omniEffect is not responsible to you or anyone else for any loss or damage however caused (including through negligence, recklessness or willful act or omission) which may be directly or indirectly suffered by you in connection with the use of this website, any linked websites or any of the content of them.

omniEffect is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You acknowledge that the internet is an insecure public network where there is a risk that your use of, and interactions with, this website may be viewed, intercepted or modified by third parties and that this website and any information on this website may contain harmful code. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

omniEffect makes no warranties or representations (either express or implied) about this website or any of the content (including its reliability, accuracy and completeness). We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this website, its content or the information on it.

Where any law implies a warranty into these Terms of Use which cannot be lawfully excluded, then to the maximum extent permitted by law, omniEffect’s liability for breach of warranty in relation to the use of this website or the content will, at omniEffect’s option, be limited to the supply of any information again or payment of the cost of having the information supplied again. We will never be liable for any indirect, incidental, special or consequential loss arising out of the use of this website, including loss of business profits, loss of revenue, loss of business opportunity or loss of data.

You are liable for and must indemnify and compensate omniEffect on demand for all losses, costs, expenses (including legal costs on a full indemnity basis), claim or damage suffered or incurred (or which it agrees to pay by way of settlement or compromise) in connection with or arising out of:

(i) a breach of these Terms of Use (including a representation or warranty);

(ii) fraudulent or dishonest conduct of you or any person you have permitted to use this website on your behalf;

(iii) a failure to obtain, maintain, and comply with required consents and applicable laws; and

(iv) claims, actions or proceedings by a third party and any investigations by a government body,

arising out of any of your acts or omissions or any of your related parties whether accidental or not.

You agree to report any misuse of this website that you become aware of to omniEffect.

Linked websites

This website may contain links to other sites over which we have no control. omniEffect makes no representation or warranty as to the accuracy or any other aspect of the information on those linked sites. No link to another site should be construed as an endorsement, approval or recommendation by omniEffect of the owners or operators of the linked websites or any information, products or services referred to on them. When using the linked websites, you will be bound by the terms and conditions posted on those sites.

You must not create or maintain any link from another website to this website without our prior written consent. Where such consent is provided, you:

(a) are encouraged to link to www.omnieffect.com (and not other parts of this website as pages and content may be updated or moved) and regularly check any links to ensure they are accurate;

(b) may only link to, and not replicate, content or pages on the website;

(c) must link to www.omnieffect.com rather than listing omniEffect’s telephone or fax numbers or office details;

(d) must ensure that any links are presented in a way that fairly represents omniEffect;

(e) may not use omniEffect’s logo or trademarks and must not give the impression that you or your site is endorsed or sponsored by omniEffect; and

(f) comply with the intellectual property conditions set out in these Terms of Use (including not framing, reformatting or altering any files or information without omniEffect’s consent).

omniEffect may in its absolute discretion require you to remove, and not create any further, links to the website or any content that is in breach of these Terms of Use.

Social Media and other submitted information

This website contains the ability for you to submit information to omniEffect, social media pages and links to social media pages provided by third parties (including LinkedIn, Facebook and Twitter) (collectively Social Media Sites). Access and use of any third party Social Media Sites is subject to the relevant third parties terms.

omniEffect encourages you to submit content and use the Social Media Sites but you must:

  • act reasonably and respectfully;
  • ensure that any content that you do upload is accurate, complete and up to date;
  • not submit content that:
    • is false or misleading;
    • violates any law or the rights of any other person;
    • is offensive, threatening, defamatory, abusive, obscene, profane, hateful or racist;
    • promotes or endorses any other organization’s products or services;
    • personally identifies an individual or group of individuals;
    • is repetitive or otherwise intended to impair the use of the Social Media Sites; and
    • in omniEffect’s opinion is inappropriate; and
  • obtain any consents or licenses necessary to permit you to submit that content and for omniEffect to use that content in accordance with these Terms of Use.

omniEffect reserves the right to remove (or request that a third party removes) any content that is submitted in breach of these Terms of Use or which omniEffect considers inappropriate.

omniEffect does not endorse, and is not responsible for, content submitted by you or other users of the Social Media Sites. omniEffect does not accept any responsibility or liability (either direct or indirect) for any loss or damage arising in connection with the use of (or reliance on) any information, links or other content posted on our Pages by individuals.

While omniEffect will take reasonable steps to monitor any content submitted by a user of the Social Media Sites, omniEffect does not review all content or monitor the content at all times. You should notify omniEffect if you believe any content has been submitted in breach of these Terms of Use and ignore any inappropriate or negative comments.

Intellectual property rights

Unless otherwise indicated, omniEffect owns the copyright in the content on and design of this website. Some of the copyright in the content may be owned by someone else and is included on our website under a licence or agreement.

You acknowledge and agree that omniEffect owns all other data and information uploaded onto, or created by or using, the website. You assign any rights you may have in those materials to omniEffect. You agree that omniEffect can use and adapt any ideas, concepts, techniques, words or images contained in any of those materials for any purpose and without restriction or compensation.

All rights are reserved.

You may only access and use the content for non-commercial or personal use unless you have prior written approval from us. No material on this website can be reproduced, adapted, commercialised, communicated to the public, distributed, aggregated, stored in a retrieval system or transmitted without our prior written consent.

You may create a temporary copy of part or all of this website on your local computer for the sole purpose of viewing it, and print out a hard copy of any content on this website for your personal use provided all copyright and other intellectual property rights notices are included. All other use, copying or reproduction of this website or any part of it is prohibited (except to the extent permitted by law). None of the content or any part of it may be reproduced on any other website.

If you seek to reproduce or otherwise use the content in any way it is your responsibility to obtain approval for such use where necessary.

All trademarks mentioned on this website belong to their respective owners and are protected by applicable laws. Use of these trademarks without express permission of the trade mark owner will infringe the intellectual property rights of their respective owners.

Privacy

This website may store “cookies” on the web browser of your computer. All personal information collected as a result of your use of this website is dealt with in accordance with our Privacy Policy.

Jurisdiction

omniEffect does not represent that it holds the authorisations and approvals required to provide advice and services in all jurisdictions where the material on this website may be viewed or received (including in particular software that may have restrictions on the importation or exportation from certain jurisdictions). You must ensure that your access to and use of this website is not illegal or prohibited by laws which apply to you or in your location.

These Terms of Use are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or this website.

If you have any questions relating to these Terms of Use, please contact us.

Privacy

Privacy is a valid concern for Internet users, as well as companies doing business on the Internet. We are committed to the privacy rights of our users, and to this end, fully disclose our privacy policy below so our users can understand what kind of information we capture, and how we subsequently use that information. All personally identifiable information is managed with the utmost confidentiality.

omniEffect Pty Ltd Privacy Policy

omniEffect Pty Ltd (“omniEffect”) is bound by the Australian Privacy Principles (“APPs”) under the Privacy Act 1988 (Cth) (“Privacy Act”) in the way that it handles personal information. This policy explains how omniEffect handles personal information relating to individuals, whether or not they are customers. This policy explains the kinds of information collected and held by omniEffect, how and why the information is collected and held, used and disclosed, how you may access information held about you to correct it, how you can complain about a breach of the APPs or a registered APP code (if any) and to notify you that your personal information is likely to be disclosed to an overseas recipient based in India which is a related entity of omniEffect.

Terminology

In this policy the expressions “omniEffect” “us”, “we” or “our” means omniEffect Pty Ltd and each of its related bodies corporate, any of their respective employees or any person contributing to this website.

The expression “personal information” is used in this policy to refer to information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Information Collection – Primary Purpose

We collect personal information to the extent that it is:

  1. Necessary for us to carry out our core business as the supplier of IT and computer systems and business consultancy services;
  2. Incidental to the carrying out of our core business;
  3. Customer personal information used in accordance with client contracts; or
  4. Necessary to match your details to omniEffect job opportunities and keep you informed of other opportunities and contract assignments which we may think may be of interest, where you have accessed this website to apply for a job opportunity through omniEffect.

Personal information will generally only be collected for the purpose of enabling us to liaise with individuals who are, or who are associated with, customers, potential customers, contractors or sub-contractors or for assessing your job application and/or suitability for other opportunities and contract assignments which we think may be of interest.

The types of personal information which we may collect and hold in these circumstances include, without limitation, an individual’s name, address, phone number, email address and other contact details.

We may collect personal information from you in a variety of ways including, without limitation, on forms, questionnaires and surveys, by our website (including cookie collection), over the telephone, or person to person. Such information is stored in secure electronic files on omniEffect’s internal systems or client systems.

We take care to collect and record accurate, up to date and complete personal information. When personal information is no longer needed by omniEffect and is not contained in a Commonwealth record and omniEffect is not otherwise required by or under an Australian law or a court/tribunal order to retain the information, omniEffect shall take reasonable steps to destroy or de-identify the information.

Information Use and Disclosure

We will not use or disclose personal information that we collect for any purpose other than the primary purpose of collection unless:

  1. Such use is related to the primary purpose and you would reasonably expect us to use or disclose the information for that purpose;
  2. In the case of direct marketing not related to our activities – we have obtained your prior consent (unless it is not reasonably practicable to seek your consent and we otherwise comply with the requirements of the Privacy Act) and you have not since requested we cease direct marketing to you; or
  3. The use or disclosure is otherwise permitted under the Privacy Act

As a general rule, we do not engage in direct marketing activities. To the extent that we do engage in direct marketing in the future, however, you may at any time request us not to provide you with any further direct marketing communications by contacting us via the details set out below.

By using our website or disclosing your personal information to us, you will be deemed to consent to us using your personal information collected by our website for the following purposes:

  1. Notifying you about any changes to the information which currently exists on the website including but not limited to job opportunities;
  2. Providing services to clients;
  3. Notifying you in the future about new information relevant to our products and services; and
  4. Monitoring your use of our website.

In storing your information we may need to disclose your personal information to certain third parties including an overseas recipient based in India which is a related entity of omniEffect.

Data Security

We will take reasonable steps to protect the personal information which we hold from misuse or loss and from unauthorised access, modification or disclosure.

Openness

From time to time, we may change our policy on how we handle personal information or the sort of personal information which we hold. Any changes to our policy will be published on our website. You may obtain further information about any aspect of this privacy policy by contacting us via the details below.

Opt-Out, Access, Correction, Complaints and Further Information

Please contact us on the details below if you:

  1. Wish to opt-out of consenting to direct marketing by omniEffect;
  2. Wish to have access to the personal information which we hold about you;
  3. Consider that the personal information which we hold about you is not accurate, complete or up to date;
  4. Wish to complain about a breach of the APPs or a registered APP code (if any); or
  5. Require further information on our personal information handling practices.

We will provide you with access to your personal information held by us, unless we are permitted under the Privacy Act to refuse to provide you with such access. We will also aim to respond to any complaints made by you within a reasonable period of time. Please note that, to the extent that it is practicable to do so, you do not have to identify yourself or may use a pseudonym when dealing with us in relation to a particular privacy matter.

Email Disclaimer

Email communication is confidential and intended solely for the addressee(s). Any unauthorised review, use, disclosure or distribution is prohibited. If you believe the email message has been sent to you in error, please notify the sender by replying to the email transmission and delete the message without disclosing it. Thank you.

Email including attachments is susceptible to data corruption, interception, unauthorised amendment, tampering and viruses, and we only send and receive emails on the basis that we are not liable for any such corruption, interception, amendment, tampering or viruses or any consequences thereof.

Contact Us

Send us a message and one of our team members will get in touch with you to answer any questions you have.

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