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Terms

These terms cover use of this website and the services NarwhAI provides. Please read them before engaging us.

Last updated: 1 October 2026

1. About these terms

These terms are between you and NarwhAI (ABN 12 126 499 242), a small consultancy based in Canberra, ACT. By using this website, requesting a free check, or engaging us, you accept them.

If we issue you a written proposal, quote or engagement letter, and anything in it conflicts with these terms, the proposal, quote or engagement letter prevails for that engagement.

2. Using this website

The content on this website is general information about our services. It is not advice, and it does not take your circumstances into account. You should not act on it without getting advice suited to your situation.

We try to keep the site accurate and available, but we do not guarantee that it is error-free or uninterrupted. Standards, laws and commencement dates referred to on this site may change.

The text, design, logo and images on this site are owned by us or used with permission. You may not copy or reuse them commercially without our written consent. You must not attempt to probe, scan or test the security of this website without our prior written permission.

3. The nature of our services

We assess your systems, documents and processes against published standards, identify gaps, and give you documentation recording what we found and what was done about it. You should understand the following about that work.

  • It is not legal advice. We are not a law firm and do not provide legal services. Where a matter needs legal advice, you should obtain it from a qualified legal practitioner.
  • It is a point-in-time assessment. Our findings describe what we observed on the dates we performed the work. Systems, standards and obligations change, and compliance is an ongoing responsibility.
  • It is not certification or accreditation. We do not issue certifications, and our reports do not constitute a statutory audit or a guarantee of compliance.
  • It does not guarantee an outcome. We cannot control, and do not warrant, how a regulator, insurer, court, tender panel or client will assess your position.
  • It is limited to the agreed scope. An assessment cannot be expected to identify every gap, vulnerability or risk that exists.

4. The free check

The free check is a short, external review of publicly accessible material, such as your website or your published privacy policy. It is provided at no cost, carries no obligation on either side, and is necessarily limited. It is not a substitute for a full assessment, and it is provided on an as-is basis without warranty. We may decline to provide it, and we may limit its scope.

5. Quotes, fees and payment

  • Engagements are quoted as a fixed price in writing before work begins.
  • Quotes are valid for 30 days unless stated otherwise.
  • Fees are in Australian dollars. GST is not charged, as we are not currently registered for GST.
  • Invoices are payable within 14 days of the invoice date.
  • If the scope changes, or the information provided turns out to be materially different from what was described, we will tell you before doing further work and agree any change in price with you in writing.
  • We may pause work on overdue invoices after giving you notice.

6. Your responsibilities

To let us do the work properly, you agree to:

  • give us accurate and complete information;
  • provide reasonable and timely access to the people, systems and documents we need;
  • hold current backups of any system we are asked to review; and
  • decide on, and implement, the changes you choose to make.

You remain responsible for your own compliance. Our role is to identify gaps and produce evidence; acting on the findings is your decision.

7. Authorisation for technical reviews

Where an engagement involves reviewing an application, website or system, you must confirm in writing that you own it or are authorised to permit the review, and that doing so will not breach any agreement you have with a third party, including a hosting or platform provider.

We perform only the non-destructive activities described in the agreed scope. We do not perform intrusive testing, denial-of-service testing, or testing against systems belonging to a third party, unless that party has separately authorised it in writing. You are responsible for the accuracy of any authorisation you give us.

8. Confidentiality

Each of us will keep the other’s confidential information confidential, use it only for the engagement, and protect it with reasonable care. This does not apply to information that is public through no fault of ours, that a party already lawfully held, or that must be disclosed by law. These obligations continue after the engagement ends.

We may involve a specialist adviser where an engagement calls for sector knowledge, for example in healthcare or engineering. Any adviser who has access to your information is bound by confidentiality obligations no less protective than these, and we remain responsible to you for their work.

9. Intellectual property

On payment in full, you receive a perpetual, non-exclusive licence to use the reports, policies and documentation we prepare for you, for your own business and compliance purposes, including providing them to your regulators, insurers, auditors and clients.

We retain ownership of our methodology, checklists, templates, tools and general know-how, including anything we develop or improve while performing the engagement. Nothing in an engagement prevents us from providing similar services to others.

We may describe our work in de-identified form, with the client, individuals and identifying details removed, as illustrated by the sample finding on our home page. If you would prefer we did not, tell us and we will not.

10. Privacy

We handle personal information in accordance with our privacy policy, which forms part of these terms.

11. Liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability under the Australian Consumer Law can be limited, it is limited to re-supplying the services, or paying the cost of having them re-supplied.

Otherwise, and to the extent permitted by law:

  • our total liability arising out of or in connection with an engagement is limited to the fees you paid us for that engagement;
  • we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity, loss of data, or reputational harm;
  • we are not liable for any loss caused by information you gave us that was inaccurate or incomplete, by your decision not to act on our findings, or by the acts or omissions of third parties, including your other suppliers; and
  • we are not liable for any penalty, fine or regulatory outcome imposed on you, which remains your responsibility.

12. Cancellation

If you cancel an engagement after work has started, you are liable for the work performed up to the date of cancellation. Either of us may end an engagement on written notice if the other materially breaches these terms and does not remedy the breach within 14 days of being told about it.

13. Changes to these terms

We may update these terms from time to time. The version on this page at the date you engage us is the version that applies to that engagement.

14. Governing law

These terms are governed by the laws of the Australian Capital Territory, and each of us submits to the non-exclusive jurisdiction of the courts of that territory.

15. Contact

NarwhAI · ABN 12 126 499 242 · Canberra, ACT
Email: hello@narwhai.com.au
Phone: 0414 270 214