The following terms and conditions govern your Account and use of Services with Omnia Dash.
Your contract and account is with Omnia Dash, owned and operated by Lauren Bryant, ABN 84 651 973 620, which is an Australian-based company.
Plan Pricing: $97 USD monthly | $149 USD monthly
By signing up for the Omnia Dash service or using the Omnia Dash website (our “Services”) or any of the Services of Omnia Dash you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Any new features or tools which are added to the current Services shall be also subject to the Terms of Service.
You can review the current version of the Terms of Service at any time here.
Omnia Dash reserves the right to update and change the Terms of Service by posting updates and changes to the Omnia Dash website.
We recommend that you check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, as well as Omnia Dash’s Privacy Policy, Cookies Policy and, if applicable, Data Processing Addendum (“DPA”), incorporated herein by reference, before you use the Services or create a Omnia Dash account (“Account”).
Everyday language summaries are provided for your benefit and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Omnia Dash or any Omnia Dash Services, you are agreeing to these terms. Be sure to occasionally check back for updates.
User Agreement
In signing up for a plan on Omnia Dash “the Software”, you understand, acknowledge and agree that:
(a) The Software is always in development with new features being added constantly
(b) The Software will always be in active development to continuously bring new and improved serviceability and functionality to users
(c) Omnia Dash cannot guarantee that it is fail-proof from unexpected results, loss of data or communications, project delays or other unpredictable damage or loss;
(d) Omnia Dash is under no obligation to add or provide any specific features suggested, implied or tested to the Software;
(e) You acknowledge that the ‘onboarding’ call is not a full set up service. It is one zoom call at a maximum of 60 minutes, during which your Consultant will assist you with connecting your primary integrations including Stripe and/or PayPal, Facebook and Instagram messenger, your Google account and Google My Business account; as well as show you briefly around your account.
(f) You acknowledge that full set-up services, migration services and extra time with Consultants are an additional fee paying service that you may choose to engage.
(g) You are solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Software.
(h) You will be responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of your use of the Software.
(i) You are not locked in to any contract, and you are free to cancel your plan at any time.
(j) You understand and acknowledge that only a limited amount of text messages, phone calls and emails are included in the set pricing per month; and that if you exceed the inclusion of use stated on the pricing page, that there will be additional charges as per the 'pay as you go' pricing schedule listed on the pricing page at omniadash.com/pricing
In opting in to a Omnia Dash account, you also acknowledge, accept and agree to the following Terms of Service.
1. Account Terms
You agree to the following terms relating to your account:
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Services or have such authorisation from your parents or guardian.
You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
You are responsible for ensuring that your registration information is true, accurate and complete.
You acknowledge that Omnia Dash will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure.
Omnia Dash cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded to your Omnia Dash account (“Content”).
A breach or violation of any term in the Terms of Service as determined in the sole discretion of Omnia Dash will result in an immediate termination of your Services.
Which means;
You have to use your own information to create a valid Omnia Dash Account and you are responsible for the details of that account. Remember that we can cancel your service if you violate any of these terms. If we need to reach you, we will send you an email to the email that you provided.
2. Account Activation
Subject to section 2.1, the person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Services.
If you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Which means;
The person signing up for the Omnia Dash Services is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
3. General Conditions of Use
The following general conditions apply to your use of the Services:
Technical support is only provided to paying Account Owners and is only available via email, unless you have purchased time with a Consultant or purchased a service that includes onboarding or another specifically stated communication or support method.
You are responsible for the conduct on your Account and the conduct of your customers.
Questions about the Terms of Service should be sent to support@omniadash.com
You understand that your Content (not including credit card information), 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.
Credit Card information is always encrypted during transfer over networks.
We do not knowingly provide services or sell products to children. If you are below the age of 16, you may use our website or the Services only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.
Which means;
The Omnia Dash Services belongs to us. You are not allowed to steal or copy it or use it for any illegal or sketchy purpose.
On the internet, your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
Do not use our services if you are a minor without the authorisation of your parent or guardian.
4. Omnia Dash Rights
The following are Omnia Dash’s rights in regards to the Services and these Terms of Service:
We reserve the right to modify or terminate the Services for any reason, without notice at any time.
We reserve the right to refuse our Services to anyone for any reason at any time.
Omnia Dash does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Services.
We may, but have no obligation to, remove Content or suspend an Account Owner’s access to the Services if they share or otherwise make available Content containing material 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 or written abuse of any kind (including threats of abuse or retribution) by an Account Owner or its representatives directed at any Omnia Dash customer, Omnia Dash employee, member, or officer will result in immediate account termination.
We reserve the right to provide our Services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Omnia Dash employees and contractors may also be Omnia Dash customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Omnia Dash retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful Account Owner, Omnia Dash reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
Which means;
We can modify, cancel or refuse the Services at anytime.
In the event of an ownership dispute over a Omnia Dash account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
You expressly understand and agree that Omnia Dash 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 resulting from the use of or inability to use the service.
In no event shall Omnia Dash or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Omnia Dash partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Services is at your sole risk. The Services is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
Omnia Dash does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Omnia Dash does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Omnia Dash does not warrant that the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
In no event will Omnia Dash aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the lesser of: the fees paid by you for the Omnia Dash services hereunder during the one (1) month period immediately preceding the date on which the cause of action arose or $100 USD.
Which means;
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Services are “as is” so it may have errors or interruptions and we provide no warranties.
The total amount of our potential liability is limited to one month of your fees paid to us.
6. Waiver and Complete Agreement
The failure of Omnia Dash 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 Omnia Dash and govern your use of the Services, superseding any prior agreements between you and Omnia Dash (including, but not limited to, any prior versions of
the Terms of Service).
Which means;
If Omnia Dash chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of Services make up the agreement that applies to you. This means that any previous agreements between you and Omnia Dash don’t apply if they conflict with these terms.
7. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the material you provide to the Omnia Dash Services including Content.
All material you upload remains yours. You can remove your Omnia Dash site at any time by deleting your account, we will delete your Content in accordance with our Privacy Policy.
You retain ownership over all content that you submit to a Omnia Dash site, including compliance of your Content with any applicable laws or regulations.
By uploading Content, you agree:
(a) to provide Omnia Dash the right to display and store your Content:
(b) to allow other internet users to view your Content; and
(c) that Omnia Dash can, at any time, review all the Content submitted by you to its Services.
You acknowledge that, in order to ensure compliance with legal obligations, we may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms of Service. We may also prevent access to or refuse to display content that we reasonably believe violates the law or these Terms of Service. Omnia Dash has no obligations to monitor or review any content submitted to the Services by you or any other person.
Any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our services, site, proposed services, documentation or business (“Feedback”) that you provide to Omnia Dash will be owned by Omnia Dash and you hereby waive any claim you have to ownership, compensation, monetary or otherwise, for providing the Feedback and for Omnia Dash’s use of your Feedback.
You hereby grant Omnia Dash a non-exclusive right to use your trade-names, trademarks, service marks, trade dress and logos to promote the Omnia Dash service.
We will not disclose your Confidential Information to third parties, except as required in the course of providing our Services. “Confidential Information” includes any materials or information provided by you to us which is not publicly known.
Confidential Information does not include information that:
(a) was in the public domain at the time we received it;
(b) comes into the public domain after we received it through no fault of ours;
(c) we received from someone other than you without breach of our or their confidentiality obligations;
(d) we are required by law to disclose; or
(e) that you have given your consent or instructed us to disclose.
If you remove content, delete your account or if these Terms of Service are terminated, we will be permitted to retain a copy, including archives, of your Confidential Information or any information that is related to your account (including Content and personal information) if such retention is necessary to meet our legal and compliance obligations.
Which means;
Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
We are allowed to keep a copy of certain information if we are required to do so by law.
8. Payment of Fees
A valid credit or debit card is required for accounts able to process orders.
For our paid plans, Services will be automatically billed from your attached card every 30 days. The Account Owner will receive a receipt of payment by email that the account is registered with.
Account Owners must dispute any discrepancies or errors in their invoices within two weeks of their receipt of an invoice/bill.
If you are based outside of Australia, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and Services, harmonised or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
If you are tax resident in Australia, GST is included in the stated subscription fee and purchase of some or all of Omnia Dash’s products and Services (“Taxable Offerings”).
Omnia Dash does not provide refunds for any reason.
9. Cancellation and Termination
You may cancel your account at any time by emailing Omnia Dash
Your account will be cancelled within 72 hours of you requesting a cancellation of your Service.
Cancelling your account will completely DELETE your entire account, including all data, content and records and cannot be recovered or retrieved once cancelled.
Users are responsible for ensuring that all of their content, data and information is fully backed up before cancelling your account. Omnia Dash accepts no liability for any loss of data.
Once cancellation is confirmed, all of your Content will be immediately deleted from the Services. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so. If you request that your Content be deleted, Omnia Dash will not be held responsible for any data that is lost.
We reserve the right to modify or terminate the Services for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Omnia Dash may prevent you from creating an account or suspend or terminate any account that you create if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Services.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
10. Modifications to the Services and Prices
Prices for using Omnia Dash are subject to change upon 30 days notice from Omnia Dash. Such notice may be provided at any time by posting the changes to the Omnia Dash Site (OmniaDash.com) or the administration menu of your Omnia Dash site via an announcement.
Omnia Dash reserves the right at any time to modify or discontinue the Services
(or any part thereof) with or without notice.
Omnia Dash shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
Which means;
We may change or discontinue the Services at anytime, without liability.
11. Optional Tools
Omnia Dash may provide you with access to, and you may choose to use, third-party tools as part of the Services, including for example the Omnia Dash App Store, over which Omnia Dash neither monitors nor has any control or input.
You acknowledge and agree that Omnia Dash provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Omnia Dash shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of third-party services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
Omnia Dash strongly recommends that instructors seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates instructors should charge end users.
Which means;
We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.
12. Omnia Dash Consultants
Omnia Dash Consultants consist of employed, contracted and independent third parties that can help you build and operate your Omnia Dash site. Omnia Dash does not employ any Omnia Dash Consultants at all, and is in no way affiliated with Omnia Dash Consultants.
Omnia Dash does not endorse independent consultants or ‘experts’ and takes no responsibility for any work performed by independent Consultants, or failure to fulfil a work order. Links to websites of independent Consultants, announcements about Services or offers, and responses to email inquiries regarding independent Consultants are provided solely for informational purposes at the discretion of Omnia Dash and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, Services, activity, business, organisation, or person, and any offers, products, Services, statements, opinions, content or information on any linked third-party website.
Under no circumstances shall Omnia Dash be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and independent Omnia Dash Consultants. These limitations shall apply even if Omnia Dash has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Which means;
Consultants are not employees of Omnia Dash and we are not responsible for them.
13. Digital Millennium Copyright Act
13.1 General Policy
Omnia Dash has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is Omnia Dash’s policy to
(a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and
(b) remove and discontinue Services to repeat offenders.
13.2 Procedure for Reporting Copyright Infringement
If you believe that Content residing on or accessible through the Omnia Dash web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
13.3 Once Proper Bona Fide Infringement Notification is Received by Omnia Dash’s Support Team
It is Omnia Dash’s policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to Omnia Dash. If no counter-notice complying with Section 13.4 below is supplied, the infringing content will be removed from the system.
13.4 Procedure to Supply a Counter-Notice to Omnia Dash
If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to Omnia Dash’s Support Team listed below:
If a counter-notice is received by Omnia Dash’s Support Team, Omnia Dash will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.
13.5 Designated Agent to Receive Notification of Claimed Infringement
Please contact Omnia Dash’s Support Team to submit a Notification of Claimed Infringement at the following address:
Name – Omnia Dash.com, Attn: Copyright Infringement
Which means;
Omnia Dash respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter-notification.
If you believe one of our customers is infringing your intellectual property rights, you can send Omnia Dash a DMCA Notice.
We will expeditiously disable access or remove the content and notify the customer. Be advised that we may publicly post all notices we receive.
14. Omnia Dash Accounts Payable Information
Business Name: Omnia Dash; Owned and operated by Lauren Bryant
Australian Business Number (ABN): 8484 651 973 620
Which means;
This information can be referenced if you are setting up Omnia Dash as a Vendor. Email us if you require additional information.
15. Languages
The parties have agreed that this arrangement will be established and all related documents be written in English.
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