Legal Notice – Website Terms of Use and Product/Service Terms and Conditions

Terms and Conditions Statement (T&Cs)

Effective Date: 15 May 2025

These Terms and Conditions govern your use of the website (the “Website”) and all services, reports, analyses, and advice provided by ADMA Consulting Pty Ltd, ABN: 82650232483 (the “Consulting Firm,” “we,” “our,” or “us”) to you (the “Client”).

1. Australian Consumer Law Compliance

1.1. ADMA Consulting Pty Ltd is committed to complying with the Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth). Certain consumer guarantees cannot be excluded or modified under the ACL. If the services provided fall under the ACL, your rights are not limited by these Terms and Conditions (“Terms” or “T&Cs”). Nothing in these T&Cs excludes, restricts, or modifies any right, remedy, liability, or obligation under the ACL that cannot be excluded or limited by law.

2. Acceptance of Terms and Governing Law

2.1. Contract Formation:
By accessing, browsing, or using the Website—or by formally engaging our Consulting Firm for services—you agree to be bound by these T&Cs, forming a legally binding contract between you and the Consulting Firm.

2.2. Governing Law:
This contract is governed by the laws of the State of Victoria and the Commonwealth of Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria.

3. General Advice, Warning, and Disclaimer

3.1. General Advice:
The information, analyses, strategies, and content provided on this Website and through our consulting services constitute general advice only. This advice is based solely on the information you have provided, which has not been reviewed and does not represent a comprehensive analysis of your specific objectives, financial situation, or needs.

3.2. Client Responsibility:
Before making any commercial decisions based on our information, strategies, or products, you must consult your own qualified financial advisor to determine whether the advice is appropriate for your circumstances.
The Consulting Firm provides no guarantee regarding business profitability, data accuracy, or commercial outcomes. We accept no liability for loss of profit or commercial damage arising from decisions you make based on our services.

4. Intellectual Property Rights

4.1. Firm’s Pre-existing IP:
The Consulting Firm retains all rights, title, and interest in its proprietary intellectual property (“Consultant’s Pre-existing IP”), including website content, financial methodologies, proprietary models, analytical frameworks, and tools of trade.

4.2. Client Deliverables IP:
Upon full payment for the services, the Consulting Firm assigns to the Client all rights, title, and interest in the specific output created for the Client (the “Deliverables IP”), such as bespoke reports, custom analyses, or generated data.

4.3. Reserved License:
The Consulting Firm retains perpetual ownership of its Pre-existing IP. We grant the Client a non-exclusive, non-transferable, perpetual license to use this Pre-existing IP only as embedded within the Deliverables IP and solely for internal business purposes.

5. Limitation of Liability and Indemnity

5.1. Limitation of Liability (LoL):
Subject to ACL Section 139A(3) and to the fullest extent permitted by law, the Consulting Firm’s total aggregate liability arising out of or related to the services provided is limited to the total fees paid by the Client for the specific service giving rise to the claim.
This limitation does not apply to foreseeable losses or liability arising from gross negligence or willful misconduct.

5.2. Exclusion of Consequential Loss:
To the maximum extent permitted by law, the Consulting Firm will not be liable for any Indirect, Consequential, or Special Loss—including loss of profits, anticipated savings, business interruption, reputational damage, or data loss—unless directly caused by gross negligence, willful misconduct, or material breach.

5.3. Mutual Indemnity:
Each party agrees to indemnify the other for third-party losses directly arising from:

5.3.1. Gross negligence or willful misconduct;

5.3.2. Material breach of these T&Cs.

The Indemnified Party must provide prompt notice and reasonable cooperation. No settlements may be made without prior written consent.

6. Client Obligations and Termination

6.1. Accurate Information:
The Client warrants that all financial data provided is true, accurate, and complete. The Client acknowledges that inaccurate or incomplete information may compromise the reliability of the Consulting Firm’s analysis.
The Client indemnifies the Consulting Firm against losses arising from inaccurate or incomplete data.

6.2. Termination:
Either party may terminate services with 30 days’ written notice. Upon termination:

6.2.1. The Client must pay all accrued fees and costs.

6.2.2. The Consulting Firm will deliver completed work up to the termination date.

6.2.3. We are not required to complete work in progress.

6.2.4. Confidential information remains protected.

6.2.5. All obligations that survive termination (e.g., liability limits, indemnity) remain in effect.

7. Variation of Terms

7.1. The Consulting Firm may update these T&Cs at any time by posting a revised version on its Website with an updated “Last Updated” date. Continued use of the Website or services constitutes acceptance of the revised terms.

7.2. Material modifications include changes to:

7.2.1. Fees or payment terms;

7.2.2. Limitation of liability;

7.2.3. Intellectual property rights;

7.2.4. Personal information handling.

7.3. The Consulting Firm will not modify terms relating to accrued fees, completed work, or survival obligations after services are completed.