Effective date: 1st February 2023
Terms of Service
This website is owned by OSS Australia Pty Ltd.
Use of this Site, including all materials presented on the Site and all Digital Products provided by Jodie Minto (“JM”) are subject to the following Terms and Conditions.
By using the Site or Service and/or ordering a Digital Product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
OVERVIEW
1.1 The term “the Site”, “we”, “us” refers to
jodieminto.com and
onlinestoresuccess.com and all online membership/course sites connected to Jodie Minto and OSS Australia Pty Ltd, its directors, employees and contractors
1.2 JM / OSS Australia provides a website where users can read articles and listen to podcasts on social media and digital marketing, and where users may purchase online courses, coaching, and digital products relating to social media and digital marketing (“Digital Products”).
1.3 The term “User”, “You” and “You’re” refers to site visitors, podcast listeners, students, members and any other users of the Digital Products on the Site.
1.4 To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
1.5 The term “Lifetime Access” means access to the website and products for the life and currency of the website, or the relevant product, whichever ends first.
DIGITAL PRODUCTS
2.1 Payment for all Digital Products will be in USD (United States Dollars) unless otherwise specified.
2.2 When you purchase a Digital Product, you are granted a single non-exclusive, revocable, royalty free worldwide licence to the product you have purchased. All Digital Products are for personal use only.
2.3 This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.
2.4 Sharing, reselling or distribution of Digital Products, as well as any other proprietary information owned by JM is prohibited.
2.5 JM / OSS Australia Pty Ltd will use its best efforts and take all reasonable steps to help you achieve the desired results. However, JM / OSS Australia Pty Ltd makes no warranty that the Digital Products will meet your requirements or that all clients will achieve the same results.
REFUNDS, CANCELLATIONS AND RETURNS
3.1 Due to the digital nature of our products and courses, we do not offer a refund except where required by Australian Competition and Consumer Commission Law, therefore the onus is on you to read the product page thoroughly.
COURSE ACCESS PERIOD
4.1 Digital Products sold with ‘Lifetime Access’ may be limited or terminated by events that may be out of our control including but not limited to administration or insolvency, illness, change of control, Acts of God, or other such events.
4.2 Where deemed possible, 60 days of notice will be provided if the period of access of your Digital Products changes.
4.3 At the end of the provision of any Digital Products there is no obligation for JM / OSS Australia Pty Ltd or any of its Members, directors or employees to respond, discuss, or otherwise be involved in any online, or other communication. Any communication is at the discretion of JM / OSS Australia Pty Ltd.
4.4 We do not warrant or guarantee that the Access will be uninterrupted or in perpetuity. We are not liable at any time for any loss or damages as a result of any termination, cancellation or unavailability of the Access, our website or Services for any reason including any such event which may be out of our control.
4.5 Should we ever decide to cease operating The Site or the Digital Products – all Lifetime Access members will be given 60 days access to course content before their access expires.
JODIE MINTO / ECOMM ADS ACADEMY / ONLINE STORE SUCCESS TERMS AND CONDITIONS OF USE
5.1 Upon joining a course or program offered by JM / OSS Australia Pty Ltd you will be given access to a members' only area through a secure login using an email and password and a link. You agree to not share your login credentials or the secure link with anyone for any reason. You will not share your username and password with any person who did not pay for access to this program. You also agree that you will not sell access to this site and will not sell any of its content without written permission.
5.2 Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
5.3 You understand and agree to not place an unreasonable burden on the server hosting this site, to not interfere with the running of this web site and to not attempt unauthorized access to any portion of this web site.
5.4 You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
COURSES
6.1 As at February 2023, there are four Digital Course Products in operation:
a) One-Ad-Wonder
b) Build Your Shopify Store in a Weekend
c) Online Store Success
d) eComm Ads Academy
FINANCIAL OBLIGATIONS
7.1 You are responsible for the completion of all payment plans associated with your purchase of any Digital Product. We will seek recovery of any monies remaining unpaid via a Collection Agency. You will be liable for all costs related to the recovery of the funds.
7.2 You represent and warrant that when purchasing a Digital Product that any credit card or payment information you give us is accurate and complete; and, that any charges incurred by you will be honored by your financial institution or credit card company; and, that you will pay the charges incurred by you, including any and all taxes; and, that if your payment method is not honoured for any reason, you will still pay any incurred charges, including any surcharge we may incur due to the failed payment.
7.3 Failure to pay does not cancel your payment obligation. If we cannot collect your monthly payment, your access will be cancelled by us and an outstanding balance will be placed on your account. You are responsible for all outstanding balances whether or not you maintain an active student.
7.4 You hereby authorize JM / OSS Australia Pty Ltd to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.
7.5 In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
INTELLECTUAL PROPERTY
8.1 All content provided on the Site and in the Digital Products, including all podcast material, blog posts, free resources, online courses and materials, are the intellectual property of JM / OSS Australia Pty Ltd
8.2 You are not permitted to steal our content and/or repurpose it as your own. The content of the Site and the Digital Products are protected by Australian law. You may not modify, publish, transmit, participate in the sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever, any content of the Site or the Digital Products, in whole or in part, without written content.
8.3 We reserve the right to immediately remove you, without refund, from any Digital Product you have purchased, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
8.4 You hereby authorize JM / OSS Australia Pty Ltd to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.
LIMITATION OF LIABILITY
9.1 It is an essential pre-condition to you using The Site and any Digital Products that you agree and accept that JM / OSS Australia Pty Ltd is not legally responsible for any loss or damage you might suffer, directly or indirectly related to your use of the website and Services, including but not limited to consequential, special, direct or indirect loss, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes but is not limited to your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
9.2 It shall be your own responsibility to ensure that any products, services or information available through this website or the Services provided meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
9.3 JM / OSS Australia Pty Ltd or any of its officers, employees, agents or related bodies corporate shall not be liable to you or anyone else for:
Any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction of, or damage or unauthorised access to, your computer system or network;
b) Any defamatory, infringing, offensive or illegal conduct or material found in connection with the Website, including such conduct or material transmitted by any means by any other person;
or Any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with:
The use of the Site and/or Digital Products;
The use of information and or advice provided by you through JM / OSS Australia Pty Ltd;
You or anyone else being unable to access the Website for any reason.
9.4. You indemnify JM / OSS Australia Pty Ltd against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) suffered or incurred by JM / OSS Australia Pty Ltd, arising out of, or in connection with:
Your breach or non-observance of any term of these Terms of Service;
Any Content submitted by you; or
Any breach or inaccuracy in any representations or warranties made to JM / OSS Australia Pty Ltd by you.
AMENDMENT TO TERMS OF SERVICE
10.1 We may amend these Terms of Service at any time, so ensure that you check these terms periodically. All amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. Your continued use of the Site and/or Digital Products and Services after a change to the Terms of Service constitutes an agreement by you to abide by and be bound by the amended Terms of Service.
REFUSAL OR DISCONTINUATION OF SERVICE
11.1 JM / OSS Australia Pty Ltd reserves the right to refuse access or discontinue service to any part of the Site or to any Digital Product to any order, person or entity without obligation to assign a reason for doing so.
11.2 JM / OSS Australia Pty Ltd may at any time change or discontinue any aspect or feature of the Site or Service.
ACCURACY AND ERROR DISCLAIMERS
12.1 We reserve the right to amend and/alter the pricing for Digital Products at any given time without prior notice.
12.2 We endeavour to describe and display Digital Products as accurately as possible. While we try to be as clear as possible, please do not accept that it is entirely accurate and error-free. From time to time, we may correct errors in pricing and/or descriptions. We reserve the right to refuse or cancel an order with an incorrect price listing.
12.3 The World Wide Web exists across open public networks that are neither secure nor private. Accordingly you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
12.4 JM / OSS Australia Pty Ltd does not warrant that access to or use of the Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site including Digital Products are free from errors, viruses, worms, trojan horses or other harmful components.
12.5 You acknowledge that your access to and use of the Site including online course sites (including the software operating in connection with the Sites) may be interfered with by numerous factors outside JM / OSS Australia Pty Ltd’s control.
12.6 Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
12.7 The materials appearing on the Site and in JM / OSS Australia Pty Ltd Digital Products could include technical, typographical, photographic or other errors. JM / OSS Australia Pty Ltd does not warrant that any of these materials are accurate, complete or current. JM / OSS Australia Pty Ltd may make changes to the materials contained on its website at any time without notice, however it does not make any commitment to update the materials.
GOVERNING LAWS
13.1 This agreement is governed by the law in force in the State of New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Service, the Site and/or the Digital Products and Services.
13.2 JM has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia.
13.3. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
MAILING LIST REGISTRATION
14.1. Upon purchasing any Digital Products, You are agreeing to receive promotional material, updates and other content from JM / OSS Australia Pty Ltd, and You will be registered for The JM / OSS Australia Pty Ltd Mailing List (the 'Mailing List’).
14.2. You may unsubscribe from the Mailing List at any time by selecting the unsubscribe option in JM / OSS Australia Pty Ltd’s communications.
MARKETING
15.1 You agree that any testimonials that may be provided by you from time to time may be used by JM / OSS Australia Pty Ltd for marketing purposes.
SEVERENCE
16.1 If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
ENTIRE AGREEMENT AND MODIFICATION
17.1 Both you and JM / OSS Australia Pty Ltd confirm and acknowledge that these Terms constitute the entire agreement between you and JM / OSS Australia Pty Ltd and shall supersede and override all previous communications, either oral or written, between the parties.