
These Terms and Conditions govern your use of the website (the "Website") and all services, reports, analyses, and advice provided by Opifer a registered brand of ADMA Consulting Pty Ltd, ABN: 70 693 513 629 (the "Consulting Firm", “we”, “our” or "us") to you (the "Client").
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 are services to which the ACL applies, your rights under the ACL 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 restricted by 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, which form 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 exercising jurisdiction in Victoria.
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 has been prepared taking into account only the information you have provided to us, which has not been reviewed and does not constitute a comprehensive analysis of your ultimate specific objectives, financial situation, or needs.
3.2 Client Responsibility: You must, before making any commercial decision regarding any information, strategies, or products mentioned, consult your own qualified financial advisor to consider whether the advice is appropriate for your specific circumstances. The Consulting Firm makes no representation or warranty as to the profitability of your business, the accuracy of your financial data, or any specific commercial outcome resulting from our general advice. We accept no liability for any loss of profit or commercial damage resulting from decisions made by you based on our services.
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"). This includes all website content, financial methodologies, proprietary models, analysis frameworks, and general tools of trade used to perform the services.
4.2 Client Deliverables IP: Upon full payment for the services, the Consulting Firm assigns all rights, title, and interest in the specific output created for you (e.g., bespoke reports, custom analyses, generated data—the "Deliverables IP") to the Client.
4.3 Reserved License: Notwithstanding Clause 3.2, the Consulting Firm retains full, perpetual ownership of its Consultant’s Pre-existing IP. We grant you a non-exclusive, non-transferable, perpetual license to use the Consultant's Pre-existing IP solely as it is embedded within the Deliverables IP, strictly for the Client’s internal business purposes.
5.1 Limitation of Liability (LoL): Subject to ACL Section 139A(3) (which prohibits excluding liability for fraud), and to the fullest extent permitted by law, the Consulting Firm’s total aggregate liability arising out of or in connection with the services provided, whether arising under contract, tort (including negligence), or statute, will be limited to the total fees paid by the Client for the specific service from which the liability arose. This limitation does not apply to losses that are reasonably foreseeable or to liability arising from the Consulting Firm’s gross negligence or willful misconduct. The Client agrees that this limitation fairly allocates risk and protects the Consulting Firm’s legitimate business interests.
5.2 Exclusion of Consequential Loss: To the maximum extent permitted by law, the Consulting Firm will not be liable for any Indirect Loss, Consequential Loss, or Special Loss, including but not limited to loss of profits, loss of anticipated savings, interruption of business, damage to reputation, or loss of data, arising out of or connected with the provision of services, except where such losses are directly caused by the Consulting Firm's gross negligence, willful misconduct, or material breach of these T&Cs. The Client acknowledges that this exclusion is reasonable given the nature of the services and reflects the parties' allocation of risk, with the Client being responsible for obtaining appropriate insurance or mitigation strategies for such losses.
5.3 Mutual Indemnity: Each party (the "Indemnifying Party") agrees to indemnify the other party (the "Indemnified Party") against all third-party losses, damages, costs, and expenses arising directly from:
5.3.1 The Indemnifying Party’s gross negligence or willful misconduct; or
5.3.2 The Indemnifying Party’s material breach of these T&Cs.
The Indemnified Party must provide prompt notice of any claim and reasonable cooperation in the defense. The Indemnifying Party shall not be liable for settlements made without its prior written consent.
6.1 Accurate Information: The Client warrants that all financial and commercial data and information provided to the Consulting Firm is true, accurate, and complete to the best of the Client's knowledge. The Client acknowledges that the accuracy and completeness of information provided directly affects the quality and reliability of our analysis and advice. The Client is responsible for ensuring that all information provided is current and that we are notified promptly of any changes to material information. If information is inaccurate or incomplete, the Consulting Firm's advice may not be reliable for the Client's purposes. The Client indemnifies the Consulting Firm against losses arising from inaccurate or incomplete information provided by the Client.
6.2 Termination: Either party may terminate the provision of services by providing 30 days written notice to the other party. Upon termination:
6.2.1 The Client shall pay all accrued fees, expenses, and costs up to the date of termination.
6.2.2 The Consulting Firm shall deliver all work products, analyses, and documentation completed to the date of termination.
6.2.3 The Consulting Firm is not obligated to complete work in progress or deliver preliminary analyses.
6.2.4 Confidential information shall continue to be protected; and
6.2.5 The termination does not relieve either party of obligations that survive termination, including limitations of liability and indemnity provisions.
7.1 ADMA Consulting Pty Ltd respects your privacy. By opting into our SMS messaging service, you agree to the following terms regarding how we handle your data:
7.1.2 Data Collection: We collect your name and mobile phone number when you sign up for SMS updates.
7.1.3 Data Usage: We use your data solely for sending updates, promotions, and reminders related to our products or services.
7.1.4 Data Security: We protect your data through encryption and secure storage measures to prevent unauthorized access.
7.1.5 Data Retention: We retain your information as long as you are subscribed to our SMS service. You may request deletion at any time.
7.1.6 Opt-Out: Reply STOP to any message to unsubscribe from our SMS list. After unsubscribing, we will remove your number from our list within 24 hours.
7.1.7 Rates and frequency of SMS communication: Message frequency varies. Message and data rates may apply.
7.2 If you have questions or need support about the use of SMS please contact us Email: [email protected]
7.3 Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages.
7.4 Users must be 18 or older.
7.5 Non-Sharing Clause: We do not share your data with third parties for marketing purposes. Your information is only shared with our SMS service provider to enable messaging.
8.1 ADMA Consulting Pty Ltd may modify these T&Cs at any time by posting the revised T&Cs on its website with an updated "Last Updated" date. The Client's continued use of the website or acceptance of services following the posting of updated T&Cs constitutes acceptance of the modified terms. If the Client objects to material modifications, the Client may terminate the engagement under Clause 6.2 by providing written notice within fourteen (14) days of the modification.
8.2 Material modifications include changes to:
8.2.1 The fees or payment terms.
8.2.2 Limitation of liability provisions.
8.2.3 Intellectual property rights; or
8.2.4 Personal information handling practices.
8.3 The Consulting Firm will not unilaterally modify terms relating to accrued fees, completed work, or survival obligations after completion of services.
Privacy Policy
9.1 Access our full Privacy Policy.
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