Website Terms of Use

Last updated: 28 May 2025

Quick Overview

These Terms of Use:

  • Set out the rules for using the omegaa.com.au website and any related services.
  • Explain your rights and responsibilities, and ours.
  • Cover important topics like intellectual property, acceptable use of the website, any content you might generate, and disclaimers.
  • Acknowledge and preserve your non-excludable rights under the Competition and Consumer Act 2010 (Cth) (which includes the Australian Consumer Law).

1. Acceptance of Terms

By accessing or using omegaa.com.au (the “Site”), you agree to be bound by these Website Terms of Use (“Terms”). If you do not agree with any part of these Terms, please do not use the Site.

2. Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting the revised version on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

3. Eligibility and Accounts

To create an account or conduct transactions on the Site, you must be at least 18 years old and have the legal capacity to enter into binding contracts. If you create an account, you are responsible for maintaining the confidentiality of your login details and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

4. Intellectual Property

All content present on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, and the overall design and arrangement thereof (“Content”), is the property of OMEGAA Pty Ltd (ABN 81 647 259 881) or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws.

You may view, download, and print Content from the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You must not copy, reproduce, modify, adapt, publish, transmit, distribute, display, sell, or create derivative works from any Content without our prior written permission.

5. Acceptable Use

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Site. Prohibited behaviour includes, but is not limited to:

  • Using the Site for any unlawful or fraudulent purpose.
  • Transmitting or introducing viruses, malware, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempting to gain unauthorised access to the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Harvesting, scraping, or collecting information about others, including email addresses, without their consent.
  • Uploading, posting, or transmitting any content that is defamatory, obscene, offensive, abusive, discriminatory, infringes any intellectual property rights, breaches privacy, or is otherwise illegal.

We reserve the right to suspend or terminate your access to the Site if we reasonably believe you have breached these Terms.

6. User-Generated Content

If you post, submit, or otherwise make available any material to the Site, including comments, reviews, or other contributions (“User Content”), you:

  • Warrant that you own or have all necessary rights, licences, and consents to submit the User Content and that the User Content does not infringe the rights of any third party.
  • Grant OMEGAA Pty Ltd a perpetual, irrevocable, royalty-free, worldwide, non-exclusive licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in whole or in part and in any form, media, or technology, now known or later developed, for any purpose related to our business.

We do not endorse any User Content and are not responsible or liable for it. We reserve the right, in our sole discretion, to review, screen, edit, or remove any User Content that violates these Terms or applicable law, or which we otherwise find objectionable.

7. Third-Party Links

The Site may contain links to websites operated by third parties. These links are provided for your convenience only. We do not control such external websites and are not responsible for their content, privacy policies, or practices. The inclusion of any link does not imply endorsement by OMEGAA Pty Ltd of the site. Use of any linked site is at your own risk.

8. Disclaimer of Warranties

The Site and its Content are provided on an “as is” and “as available” basis. While we strive to ensure that the information on the Site is current, accurate, and complete, we make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, Content, materials, or products included on the Site.

To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, and system integration. We do not warrant that the Site, its servers, or email sent from us are free of viruses or other harmful components.

9. Limitation of Liability

Nothing in these Terms is intended to exclude, restrict, or modify any rights that you may have under the Australian Consumer Law (ACL), as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable law which cannot be lawfully excluded, restricted, or modified.

Where liability cannot be excluded by law, our liability for any breach of a condition or warranty implied by law is limited, at our option, to:

(a) in the case of services, the resupply of the relevant services or the payment of the cost of having the services resupplied; and

(b) in the 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 the cost of having the goods repaired.

To the maximum extent permitted by law, in no event shall OMEGAA Pty Ltd, its directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to your access to or use of, or inability to access or use, the Site or any Content, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we have been informed of the possibility of such damage.

In any case, our total aggregate liability to you for any loss or damage arising out of or in connection with these Terms or your use of the Site will not exceed one hundred Australian dollars (AUD $100.00).

10. Indemnity

You agree to indemnify, defend, and hold harmless OMEGAA Pty Ltd, its directors, officers, employees, agents, licensors, and suppliers from and against any and all claims, losses, expenses, damages, and costs (including reasonable legal fees) arising out of or resulting from your breach of these Terms, your misuse of the Site, or your violation of any law or the rights of a third party.

11. Termination

We may suspend, restrict, or terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately, if we reasonably believe you have breached these Terms or for any other reason in our sole discretion. You may terminate your use of the Site at any time by ceasing further use.

Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Jurisdiction

These Terms and your use of the Site are governed by and construed in accordance with the laws of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland and any courts which may hear appeals from those courts in respect of any proceedings arising in connection with these Terms or the Site.

13. Contact Us

If you have any questions or concerns about these Website Terms of Use, please contact us:

Email: [email protected]

Post: 125 Kerry Rd, Acacia Ridge QLD 4110

Phone: 07 2140 2050

14. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and OMEGAA Pty Ltd concerning your use of the Site and supersede all prior or contemporaneous understandings or agreements, whether written or oral, regarding such subject matter.