Web Application Terms and Conditions

(“User Agreement”) 

 

Welcome to ommcollective.com (our Site).

 

OMM Collective Pty Ltd (ACN 618034469) is and desktop web application designed to help independent Yoga or Pilate’s teachers with their administration and scheduling to help their business run efficiently and grow.

 

This User Agreement (Agreement) contains Terms and Conditions (Terms) that govern your use of this Web Application (Application) and together with our Website Terms of Use and Privacy Policy , form a binding contractual agreement between you (Subscriber), of this Site and us (OMM Collective).

 

Please contact OMM Collective at admin@ommcollective.com if you have any questions before purchasing our Products and Services.

 

This Agreement constitutes the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations, and understandings.

 

ACCEPTANCE OF TERMS

  1. By purchasing a subscription and using this Application offered on our Site, you confirm you are 18 years and over, have the legal capacity to enter this agreement, and you agree to be bound by these Terms, which you acknowledge that you have read and understood.
  2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site.  Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of this Application and our Site.

 

FINANCIAL TERMS

Subscription Fees

  1. Current subscription fees are $14.95 per month payable after the 14-day trial period.
  2. Subscription payment deductions will commence automatically after the 14 days trial period.
  3. Subscription may be cancelled anytime by using the My Account feature by selecting the “Cancel Subscription” option within the Application.
  4. Subscription fees are in Australian Dollars ($AUD) only.
  5. OMM Collective reserves the right to change subscription fees and charges at any time without notice. Please check the website for updated fees and charges.
  6. Existing subscribers will be provided with 30 days’ notice of any fee change.
  7. All subscription payments are required to be made online via our current third-party payment gateway and provider, STRIPE.

Online Payment Security

  1. Credit card details or bank account details of all Subscriber may be retained by the payment gateway used by OMM Collective to process payments.
  2. If there is an issue with your payment, please contact us as soon as practicable, or at least within 3 business days of your discovering the issue and we will do our best to resolve any problems encountered. You must provide the relevant documentation to allow us to do so.
  3. If your credit or debit card payment is declined for any reason, OMM Collective may invoice you for the cost of any merchant processing fee and you will only have access to ‘my account’ section of the Application until all fees are paid up to date.

GST

  1. Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Application and this Site are stated inclusive of GST.
  2. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice.
  3. GST means the Australian goods and services tax charged under Goods and Services Tax Act 1999 (Act).
  4. GST is only applicable to User/Members with a registered address in Australia.

 

BECOMING A USER/MEMBER

Registration

To use this Application for your business you agree to the following:

  1. You must provide accurate, complete and up-to-date Subscriber registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
  2. We may, at any time, request a form of identification to verify your identity.
  3. By becoming a Subscriber to this Application, you acknowledge and agree that:
    1. You are solely responsible for the protection and confidentiality of any password or subscriber identification that may be issued to or subscribed for by you from time to time;
    2. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
    3. You will immediately notify us if your Password is lost or becomes known to any other person;
    4. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
    5. Any information you provide to us for posting or inclusion in our online community, at any time, becomes our property.
  4. To the extent that you provide personal information, OMM Collective will treat such information strictly in accordance with its Privacy Policy

Application Inclusions

  1. The Application enables the following business management tools for the Subscriber:
    • Diary Setup and Management
    • Class Scheduling
    • Invoicing
    • Client health and progress notes recording
    • Tax and financial reporting
    • Industry news
    • access to special member offers

Member Obligations

  1. When using our Products and Services including this Application, you may be given access to Facebook groups, Instagram accounts, bulletin boards, review services or other forums (Online Community) in which you may post comments, photos, messages or other material (Your Content).
  2. When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Online Community any of the following:
    1. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
    2. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
    3. Information that includes personal or identifying information about another person without that person’s consent.
    4. Information that constitutes promotion or advertisement for product or services offered through competing internet platforms, except as otherwise expressly permitted by us.
    5. Any information or content that impersonates any person or entity.
  3. By posting or otherwise publishing Your Content on this Application, Site or Online Community, you:
    1. Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose;
    2. Warrant that you have the right to grant the above licenses;
    3. Warrant that Your Content does not breach these Terms; and
    4. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
  4. We reserve the right to:
    1. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
    2. Monitor use of the Application and site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
  5. Whilst using this Site and/or our Online Community, we ask that you do not:
    1. Contact anyone who has asked not to be contacted.
    2. Collect personal data about other users for commercial or unlawful purposes.
    3. Infringe other user’s privacy rights.
    4. Violate the intellectual property of others.
    5. Post anything that contains software viruses, worms or any other harmful code.
    6. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.

 

REFUNDS

  1. Refunds are not provided for subscriptions to this Application or Products and Services that have been provided by us unless we are in breach of the Australian Competition and Consumer Act 2010.

 

CANCELLATIONS

  1. You may cancel your subscription at any time through the ‘My Account’ feature by selecting the “Cancel Subscription” option or by emailing admin@ommcollective.com.
  2. Upon cancelling your subscription, you will still have access to the site until the end of the paid month.
  3. After cancellation, access to the Application to view data will be available, however, all other functions including the ability to create bookings or send invoices will be suspended.

 

GENERAL DISCLAIMER

  1. All OMM Collective Products and Services including this Application are intended for general education and information purposes only.
  2. Nothing on this Application or Site, or any of the content provided to you by us during our provision of the Products and Services, purports to offer financial or income generating or other professional advice.
  3. You are advised to always seek professional advice before acting on any information that we provide.
  4. This Application provides business administration support, guidance, and tools for small business, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility.
  5. Your success depends on many factors, including your personal business and marketing skills and background and application.
  6. Any testimonials and examples within our marketing materials for our products and services including this Application are not to be taken as a guarantee that you will achieve the same or similar results.
  7. You acknowledge and agree that OMM Collective, its employees, and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

 

EARNINGS AND INCOME DISCLAIMER

  1. OMM Collective cannot and does not make any guarantees about your ability to get results or earn any money with our Application, tools, ideas, information or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and there is no guarantee that you will earn any money as a result of your purchase of our Products or Services including this Application.

 

RIGHT TO TERMINATE

  1. We reserve the right to terminate your use of this Application, Site, Online Community or our Products and Services generally if you breach these terms, as determined by us in our sole discretion.

 

COPYRIGHT AND TRADEMARK NOTICES 

  1. All material on this Application, Site and in any online community hosted by this Site, or otherwise delivered by OMM Collective including (but not limited to) templates, text, graphics,and videos (Our Content), is subject to copyright.
  2. While you may browse or print our content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it.
  3. Modification of our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
  4. You acknowledge that you do not acquire any ownership rights by using the Site or our content.
  5. The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of OMM Collective.
  6. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to OMM Collective, in any manner that is likely to cause confusion with customers, or in any manner that disparages OMM Collective.
  7. Nothing contained in this Application, Site or in our Online Community should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission.
  8. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that OMM Collective will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

 

LIABILITY IS LIMITED 

  1. The disclaimers, liability limitations, and indemnities within these Terms do not exclude your rights those under Australian Consumer Laws.
  2. OMM Collective does not make any express or implied representation or warranty about or shall be liable, for any direct, indirect, special or consequential loss, damages or reliance in connection with this Application, Site, Online Community or our Content.
  3. OMM Collective is not liable and does not accept any liability  for any damages whatsoever, including but not limited  to any direct, indirect, special, consequential, punitive or incidental damages, or  damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use,  unauthorised use, performance or non-performance of or reliance upon this Application,  Site,  Online Community or our Content .
  4. OMM Collective is not responsible for and accepts no liability with respect to, content uploaded, posted, transmitted or otherwise made available on the site by any person other than us.
  5. OMM Collective will not be taken to have uploaded, posted, transmitted or otherwise made content available on the Site simply by facilitating others to post, transmit or another make content available.
  6. OMM Collective does not endorse any opinion, advice or statement made by any person other than us.
  7. You agree that we will not be liable for any loss or damage which you incur as a result of use of this Site including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the Site or Online Community including hyperlink to or from third-party websites.

 

YOUR INDEMNITY

  1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a consequence of using or attempting to use this Application, or our information, products, services or any breach by you or your agents of these Terms.
  2. We are not responsible for, and expressly disclaim all liability for damages of any kind arising out of use, reference to, or reliance on any information contained within this Application, our Site, Online Community or through use of our products or services.

 

LINKS TO THIRD PARTY WEBSITES

  1. This Application may include links to other websites maintained by third parties which are not under the control of OMM Collective (Linked Sites).
  2. Linked Sites are made available to you solely as a convenience, and the inclusion on the Application of links to Linked Sites does not imply endorsement by OMM Collective of the Linked Sites.
  3. You access Linked Sites at your own risk and by accessing them you leave the Site.

 

ASSIGNMENT

  1. Transfer or assignment of your membership to this Application for any reason is not permitted under this Agreement.
  2. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

 

DISPUTE RESOLUTION 

  1. Should a dispute arise between us, we strongly encourage you to contact OMM Collective via the ‘Help’ section of the app or email at admin@ommcollective.com to seek a resolution.
  2. Any reasonable requests will be considered and OMM Collective will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

APPLICABLE LAW 

  1. The Terms of this Agreement shall be construed in accordance with and governed by the laws of the State of Queensland. You consent to the exclusive jurisdiction of the courts in Queensland to determine any matter or dispute which arises between you and OMM Collective.

 

YOUR FEEDBACK

  1. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

 

If you have questions or comments regarding this Application, Site or OMM Collective products or services, please email us at admin@ommcollective.com