Terms of service

Hello and welcome to our website, www.jodieminto.com! We're so happy to have you join us for our Course. These are our Terms of Service (“Terms”) which apply to all clients of OSS Australia Pty Ltd. [ABN 19661994707] (“we”, “us”, “our”). By using our Website and Services, you're agreeing to these Terms together with any other terms and conditions and policies we publish or link to (together an “Agreement”). If you do not agree, unfortunately you cannot join our Course.

ONLINE COURSES WE WILL PROVIDE
Our Online Courses teach you about how to run successful ads and improve your ecommerce business. We provide various Materials to help you during the Online Course. We also have group sessions. For some Online Courses we provide lifetime access, meaning you may access the Online Course during the period in which we make it available without further payment.

BEFORE PURCHASE
Things you need to know before purchasing Online Courses on our Website
Before you buy anything from our Website, there are a few things you should know:

• you need to be over 18 years or have parental consent;
• please give us complete and accurate information, and let us know if anything changes;
• you need to use any special offers or gift codes or discounts at the time of purchase; they can't be applied after the purchase; and
• you need to have adequate technology set up and internet access to participate in the Online Course.

Things you should know about information in our Course

• The Materials we offer aim to establish a broad foundational base of knowledge for everyone. While we strive to provide comprehensive resources, it's important to understand that we cannot customise the Materials to fit every individual's unique needs and situations;
• The Materials we provide are not a substitute for independent professional business, financial or legal advice and any reliance on this information is at your sole risk. For example, sometimes the Materials could be classed as financial "advice". You must consider whether or not the information is appropriate to your needs. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on our information.

Acknowledgements you make when purchasing our Course
Whilst we aim to do our best, please be aware that there could be:

• occasional errors or omissions in Online Course descriptions, prices, availability, and promotions;
• some Online Courses with limited places, and some that are limited to certain regions or groups of people; and
• technical problems downloading Materials and using online software.
• Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Online Courses. We also cannot guarantee the results of the Online Course as they are dependent on your learning, actions, and implementation.

During our Online Courses we may make recommendations of suppliers for various products or services. Whilst we aim to make good recommendations, if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.

Payments
You must make full payment as required by us prior to commencement of the Online Course as your place cannot be reserved or confirmed until payment is received. Payments can be made via credit card, PayPal, AfterPay. You can pay in full or pay on a payment plan.

You agree to pay any applicable currency conversion fees, or financial service provider fees where relevant. Where payments are made in instalments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided. You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.

Any late payments will incur interest at the rate of 10% per annum calculated monthly, and any debt recovery fees will be billed to you.

AFTER PURCHASE
Things you need to know after purchasing a Course
After purchasing on our Website, there are a few more things you should know:

• please maintain the confidentiality of your login and password for your account;
• please ask our prior written consent before any publication of information about us;
• you must bring any questions to the correct support channels e.g. the group. You must not contact us outside of the support channels for further assistance; except if you have any difficulty downloading any Materials, or if you have issues with the Online Course.
• if there is a dispute, please keep all communications confidential.

You also must not allow any other people to use the Materials or your account, or to copy, duplicate, sell, re-sell or exploit the Materials in any way.

We have group sessions where you can be part of our community but please follow our rules
We love it when our participants engage with us and each other during the Online Course. However, we do have some rules that we ask everyone to follow.

Firstly, we ask that you be respectful to your fellow participants. We want to maintain a positive and supportive learning environment for everyone, so please refrain from any disruptive or disrespectful behaviour. If you do become disruptive or disrespectful, we may need to exclude you from the group sessions or events to ensure that everyone else can continue learning and engaging in a safe and respectful environment.

Also, please don’t directly contact other participants without their consent. Any interactions with other participants are solely at your own risk. We want everyone to feel comfortable and safe during the program, so please be mindful of others' boundaries and privacy.

Acknowledgements you make in relation to privacy and confidentiality
We understand that during the group sessions, you and others may share personal or sensitive information. We want to ensure that everyone feels safe and supported, so we ask that you keep all information shared during the sessions confidential and not share it outside the group.

We also kindly ask that you do not record any group sessions, as this could compromise the confidentiality and privacy of all participants. Rest assured, we take your privacy seriously and we will not disclose any Confidential Information unless we are required to by law. You can find more information about how we handle personal information in our Privacy Policy.

We want to remind you that while we encourage confidential communication, we cannot guarantee that the delivery of our Online Course and any Materials will be completely secure. We are committed to making every effort to maintain your privacy and confidentiality while accessing online technology, but there is always some degree of risk involved.

Posting rules
We want our community to be a welcoming and respectful place for all participants. To ensure this, we kindly ask that you do not post any content that could be deemed inappropriate or offensive, such as anything that is threatening or abusive.

Additionally, we ask that you refrain from posting any content that is immoral, illegal, or that breaches the rights of any third party, including their intellectual property or privacy rights. Please also avoid posting content that impersonates others or misleads us or other participants.

Please keep in mind that you are responsible for the accuracy, completeness, and timeliness of all your posts. While we are not responsible for any of your posts or those of other participants, we reserve the right to edit or remove any content that violates our rules or is deemed objectionable.

By posting in our community, you grant us permission to use your posts for any purpose, and you waive any Moral Rights in those posts. We value your contributions to our community and appreciate your cooperation in maintaining a safe and respectful environment.

Acknowledgement you make in relation to emergencies and crisis situations
You acknowledge and agree that we are not psychologists or doctors or health professionals and are not readily available for these situations. If you are experiencing a crisis, you must contact an emergency service.

In some circumstances we may need to suspend or even terminate a group session where a participant is experiencing a crisis. Where we see any risk to a participant’s safety, we will immediately terminate the session. In this event, we will reschedule the groups session to another reasonable time. In the event that you experience a crisis during the duration of the Online Course or during a session, we will refer you to the appropriate service and you agree to seek assistance immediately.

Acknowledgement you make in relation to online events
We may record the online events that you take part in, like with audio, video, or photographs, to use for our marketing or information purposes. By participating in these events, you agree to let us have the Copyright in all the recordings where you might appear, whether it's a full or partial shot, or if your image is changed or added to. You won't have a say in how the recordings are used, or get to approve of them, so if you don’t agree, you will need to let us know prior to any online events.

Your commitment to the Online Course
To get the most benefit out of our Online Course, you should:

• watch the weekly lessons;
• attend the coaching calls.

You acknowledge and agree that you are solely responsible for your own success and outcomes during the Online Course.

Things we’d love you to do after purchasing a Course
We love hearing from you after the Course to hear about your experience. If you have any photos, videos, testimonials and/or case studies we'd be thrilled if you would share them with us! We may even use them for marketing and information purposes, publications, exhibitions, and professional awards across print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at hello@jodieminto.com.

OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our Website
Except as required by law, we may change Course information, promotions, prices and availability and any other information on our Website.

We comply with the Australian Consumer Law
Our Online Course comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel this Agreement with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Except as required by law we do not warrant the quality of the Online Courses or warrant that it will meet your expectations or provide refunds. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer partake in part or all of an Online Course, or where you fail to comply with our instructions.

If we need to cancel part of a Course, we will provide a refund
On occasion we may cancel an Online Course where we are no longer able to provide it. In these or similar circumstances where we have to cancel the whole Course, we will provide you with a full refund. On occasion we may also need to change times or dates of sessions at short notice or even cancel parts of an Online Course. We will notify you as soon as possible of any changes.

We can refuse your participation in our Online Courses at any time
We may change, or stop providing our Online Courses, Website and Services at any time. We may also stop you using our Website and Services and disable your ability to purchase of our Online Courses and any account and revoke your permission to use any Materials if you breach this Agreement. We are not responsible to you for any changes, or if we suspend or stop our Online Courses.

INTELLECTUAL PROPERTY
We own or have permission to use all the Intellectual Property Rights in our Materials. However, we're happy to give you permission to use our Materials for your personal use during the Course only. You can't use our Materials for any commercial purposes without our prior written consent. If you want to use our Materials for anything other than personal use, you'll need to get in touch with us at hello@jodieminto.com. We may ask you to pay a fee for these, and we'll need you to acknowledge our moral rights under the Copyright Act 1968.

RELIANCE ON ADVICE DISCLAIMER
Sometimes the information in our Materials may not be 100% accurate. We always try to make sure that the information is correct, but sometimes there may be mistakes or differences of opinion. The advice may also be based on historical information. Because of this, we can't guarantee that the advice we give is completely accurate or up to date. However, we promise to exercise due care in giving you the most accurate and useful information we can.

LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Online Courses purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Online Courses, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, our recording of any events, and changes to dates and times of Online Courses.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

• the replacement of the Online Course or the supply of equivalent services; or
• the payment of acquiring an equivalent Online Course.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Online Course you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.

FORCE MAJEURE
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent to which our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010.

“Agreement” means these terms, and the general Website terms and conditions and all other terms and conditions and policies published or linked to on our website.

“Claim” means any claim, under statute, tort, contract or negligence, any demand, award, or costs.

“Force Majeure Event” means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods, war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failures, changes to regulations, weather events, travel limitations, venue closures.

“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.

“Materials” means any of our Materials and any and all online program and Course materials, and anything provided to you during the course.

“Moral Rights” means any moral rights as defined under the Copyright Act 1968.

“Online Course” means Online Store Success, eComm Ads Academy and One Ad Wonder and includes all Materials.

“We,” “us,” “or” our means OSS Australia Pty Ltd t/as Jodie Minto [ABN 19661994707] and includes any of our directors, officers, employees, agents, partners, contractors.

“Website and Services” means www.jodieminto.com, and everything available on this website including, but not limited to, all Online Courses.