By signing up for the Oh My Digital Membership (“Service”), or any services of Oh My Digital (“Oh My Digital Agency”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
Oh My Digital Agency reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://membership.ohmydigitalagency.com.au/terms-and-conditions.
Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.
A. Account Terms
- You must be 18 years or older to use this Service
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- When it comes to the collection of client data information, we at Oh My Digital take reasonable precautions to protect our client’s information from unauthorised access by ensuring that access to personal information is only available to staff of Oh My Digital who have signed and understood the confidentiality requirements, and by only using third party technology that provides a secure environment and access control for confidential information.
You acknowledge, however, that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access where the security of information is not within our control.
- You are responsible for maintaining the security of your account and password. Oh My Digital Agency cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your membership course as an assistant).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. Payment, Refunds, Upgrading and Downgrading Terms
- All members must enter a valid credit card.
- All fees and charges incurred in connection with your Oh My Digital Membership will be billed to the credit card designated during the registration process. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may change your card details by clicking your name in the top right of the admin, then "Billing".
- All monthly plans will continue and renew automatically, unless properly cancelled (see Section C #1).
- If payments decline, Stripe (payment authorisation party) will try another 4 times before the new month begins. If there is no successful transaction before the end of the month, the membership will be cancelled.
- If you initially sign up for a plan which includes a free or discounted trial period, and you don’t cancel that account before the stated trial period expires, you will be billed monthly for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
- An upgrade to any plan from an Account in a trial period will end your trial immediately. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable).
- User is responsible for any incurred foreign transaction fees, user credit card or bank fees, or differences and fluctuations in foreign exchange rates.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. An upgrade to any higher priced plan will immediately bill you for the prorated difference for the current billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing(s). This credit will not be refunded.
- Downgrading your Service may cause the loss of features or capacity of your Account. Oh My Digital does not accept any liability for such loss.
C. Cancellation and Termination
- You are solely responsible for properly canceling your membership. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time via these steps.
- Log in to your account.
- Click on My Account in the top right hand corner.
- Select Billing.
- Scroll down to the membership section and hit cancel.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Oh My Digital Agency, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Oh My Digital Agency service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Oh My Digital Agency reserves the right to refuse service to anyone for any reason at any time.
- If a member has a history of excessive refunding or failure to pay membership, as determined by Oh My Digital, we reserve the right to suspend your Oh My Digital Membership account and restrict you from purchasing new courses or services.
E. Modifications to the Service and Prices
- Oh My Digital Agency reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Oh My Digital Membership site (https://membership.ohmydigitalagency.com.au/oh-my-digital-membership) or the Service itself.
- Oh My Digital Agency shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
F. Copyright and Content Ownership
- You agree and guarantee that you will not make unauthorised changes, incorporate, make copies, or commercially or personally exploit the copyrighted work of by Oh My Digital without our written permission.
G. Digital Products
Upon purchase of a downloadable product from this Site, you will receive an email with a link to complete the purchase of your product including, where applicable, a direct download for your product or a brief.
Products may be available on this Site without a need to purchase or download them. You agree and accept full responsibility and risk for downloading and using these products. You agree that you will indemnify and hold harmless, Oh My Digital and all our related entities and personnel, against liability for any harm or loss caused by the downloading and use of these products.
You agree that it is your responsibility to ensure that you have the appropriate programs and hardware available to access and use the downloadable products and that this is not a reason for which we can offer a refund.
1. Refunds for digital products
Due to the nature of digital products, any orders received and processed by us for digital products available to be purchased online, has a strict no refund/return/exchange policy. Where we send the wrong digital product we will send you the correct digital product and where the link provided to download is not working, we will send you the digital product direct or via a revised link at no extra cost.
H. Information & Advice
H. Information & Advice
Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.
We do our best to ensure that the colours of any products or services are accurately displaced, please note, that on occasion the colour on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the colour of the product or service.
By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.
I. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email and in the community group. Support is only available in English.
- You understand that Oh My Digital Agency uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Oh My Digital service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Oh My Digital Agency.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Oh My Digital customer, employee, member, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, or "spam" messages.
- Oh My Digital does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Oh My Digital shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Oh My Digital has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
- The failure of Oh My Digital to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Podia and govern your use of the Service, superseding any prior agreements between you and Podia (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Queensland law.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Accuracy and Availability of Information
The Site contains database information and other content compiled by Oh My Digital. While we use commercially reasonable efforts to provide accurate information, Oh My Digital gives no warranty as to the accuracy of the database and other content on the Site. Oh My Digital reserves the right to withdraw or delete information or content from the Site at any time.
Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Oh My Digital except in a signed, non-electronic writing signed by an authorised representative of Oh My Digital.