Consent* I have read and agree to the Terms and Conditions *
Oh My Pod provides podcast education, coaching and production services to individuals and businesses.
In agreeing to use our services and purchasing from ohmypod.com.au you have read and agreed to the terms and conditions outlined below.
This information details the terms of use ("Terms and Conditions") for the Oh My Pod website and our services.
Our terms and conditions may vary over time so we encourage you to visit our website at www.ohmypod.com.au for the latest version. By agreeing to these terms and conditions you acknowledge that you are bound by any revisions and as such we recommend that you regularly revisit our website for the current terms.
1. Oh My Pod’s Podcast Launchpod Program
Our Podcast Launchpod Program is being offered with the sole purpose of providing you with education, coaching and services to create, launch and manage your podcast. You are not allowed to onsell, edit, copy or distribute our materials or services without written consent from Oh My Pod.
Should Oh My Pod believe that a breach of these terms or any applicable laws has occurred we may take legal action.
2. The Content
The content available in our Podcast Launchpod Program has been written according to the information and data available at the time of writing. We monitor the quality and content to ensure that it is current and accurate. However, Oh My Pod, its officers and employees, do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material provided by or on behalf of Oh My Pod.
We recommend you exercise your own skill and care with respect to the use of our products and services and that you carefully evaluate the accuracy, currency, completeness and relevance of our materials before use.
3. Prohibited Action
You are prohibited from:
a) downloading the content of our educational materials, coaching workshops or Facebook group in any part or its entirety for the purpose of recreating, duplicating or storing a collection of this content in any format whatsoever;
b) on-selling or sharing any content or services from Oh My Pod for the purpose of marketing or promoting another business or any other form of personal gain;
c) transferring your access to our services to any other party unless Oh My Pod has given you prior permission in writing to do so;
d) copying or reproducing any part of any product supplied by Oh My Pod;
e) using Oh My Pod’s materials to provide advice.
You agree to indemnify Oh My Pod and Oh My Pod accepts no liability for any action, claim or damages arising out of any prohibited actions by the purchaser/buyer.
4. Marketing Opt-in
By purchasing from ohmypod.com.au, the buyer agrees to opt in to marketing communications from Oh My Pod. The subscriber may unsubscribe using the unsubscribe function on each email or alternatively you may request to be unsubscribed by return email.
5. Third Party Applications
Oh My Pod is not responsible for any virus, errors or cookies that maybe attached to emails, Facebook group or any other communication sent by Oh My Pod to its users and buyers.
6. Copyright
The buyer/purchaser acknowledges that Oh My Pod owns all right and title to the intellectual property vesting in the content of all Oh My Pod materials and services.
7. Representatives of Oh My Pod
Representatives of Oh My Pod may contact the purchaser/buyer to offer further benefits. If the purchaser/buyer does not wish to be contacted in this regard, please advise us directly.
8. Changes to Terms and Conditions
Oh My Pod maintains the right and responsibility to update these Terms and Conditions as required. If relevant to current purchasers/buyer, Oh My Pod will advise these changes via email to the address provided on the buyers form. Buyers/purchasers can access the latest version of these Terms and Conditions at www.ohmypod.com.au under Terms of Use.
9. Refund of Services
Oh My Pod at their sole discretion may refund the purchase price of our services if this purchase was an accident, performed by an unauthorised user, a duplicated purchase was done, or an error in the payment system occurred. Oh My Pod is not obligated to refund any services
10. Disclaimer
To the fullest extent permitted by law, Oh My Pod disclaims all implied warranties, conditions and others terms including, without limitation, those regarding the security, reliability, timeliness, and performance of www.ohmypod.com.au and Oh My Pod’s services.
11. Limitation of Liability
i. Nothing in these Terms and Conditions shall exclude or limit liability for:
a) death or personal injury resulting from the negligence of either party or their servants, agents or employees;
b) fraud or fraudulent misrepresentation;
c) breach of any implied condition as to title or quiet enjoyment;
d) any liability which may not by law be excluded.
ii. Subject to the first paragraph of this clause, Oh My Pod shall not be liable under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort [including negligence], breach of contract, misrepresentation or otherwise) for:
a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings);
b) the cost of obtaining similar or substitute services from anyone;
c) any loss of goodwill or reputation; or
d) any special, indirect or consequential losses;
e) in each case, whether or not such losses were within the contemplation of the parties at the date of acceptance of these Terms and Conditions.
iii. Subject to the first paragraph of this clause, Oh My Pod's total liability under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort, including negligence, breach of contract, misrepresentation or otherwise) shall not exceed the total fees paid for one year by a customer.
iv. Subject to the first paragraph of this clause:
a) under no circumstances shall Oh My Pod be liable to any buyer/purchaser on account of that buyer/purchaser's misuse of Oh My Pod materials; and
b) neither party shall be liable for any matter which is outside that party's reasonable control.
12. Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of Victoria, Australia, and the subscriber and Oh My Pod hereby submit to the exclusive jurisdiction of the Victorian courts in respect of any dispute or matter arising out of or connected with these Terms and Conditions. Notwithstanding the preceding sentence, nothing in these Terms and Conditions shall restrict or limit Oh My Pod seeking injunctive or similar relief in any jurisdiction.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. Oh My Pod may assign its rights and/or obligations under these Terms and Conditions (in whole or in part), at any time, without the buyers/purchaser’s consent.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Oh My Pod and/or a third party who makes its software and/or content available in conjunction with or through Oh My Pod.