In these terms and conditions (Terms), when we talk about we, our, or us or Emily, we mean Emily Osmond ABN 68 665 172 660.
These Terms also use the word Platform which is used to describe all of the below:
• our website, www.emilyosmond.com (Website);
• our third party Kajabi platform, available at http://www.emilyosmond.mykajabi.com/login (Kajabi);
• all digital course and program content, including The Modern Marketing Collective Program and our online course Scalable available on Kajabi and other third party sites such as Facebook;
• all of our digital content, free or paid including webinars available on the Platform; and
• any new content we offer for sale or gift to you.
Emily is the proud owner of the Platform and all of the content hosted on the Platform.
1. Accepting the Terms and Conditions
1.1 By accessing and/or using our Platform, you and each person, entity or organisation using our Platform (referred to as you, your, User or Purchaser):
(a) warrant to us that you have reviewed these Terms, including our Privacy Policy (available on our Website) (Terms), with your parent or legal guardian (if you are under 18 years of age) and you understand them;
(b) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or, if you are under 18 years of age, you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and
(c) agree to use the Platform in accordance with these Terms.
1.2 If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (Minor) to create an account and/or use the Platform, you agree supervise the Minor’s use of the Platform and their account, assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform, ensure that the content on the Platform is suitable for the Minor, ensure all information submitted to us by the Minor is accurate; and provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
1.3 Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform.
1.4 We recommend you check our Platform regularly to ensure you are aware of our current Terms.
2. Collection Notice
2.1 When you access and use our Platform, we collect personal information about you in order to tailor the Platform to your needs and for us to know what kind of content you are interested in. We also collect personal information from you so we can respond to any of your inquiries and for other purposes set out in our Privacy Policy on our Website. You should read our Privacy Policy before proceeding with the purchase or enrolment plan to make subject to these Terms to ensure you understand what we can and can’t do with that information.
3. User Content
3.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
3.2 If you post User Content to any public area of our Platform or Course Platform or any other related third party platform like Facebook, Instagram or any social media platform it becomes available in the public domain. We have no control over who sees it or what anyone does with it
3.3 You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Course Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3.4 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been posted by you. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
3.5 We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
4. Removal of Offensive Content
4.1 We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
4.2 If you are offended by any Content, the following procedure applies:
(a) your claim or complaint must be submitted to us in the form available on our Site, or contain the same information as that requested in our form. It must be sent to us by post or email;
(b) we shall remove the offending Content as soon as we are reasonably able;
(c) after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
(d) we may re-instate the Content about which you have complained or not.
4.3 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
4.4 If any complaint made by you is either frivolous or vexatious, you agree that you will repay us the cost of our investigation including legal fees, if any.
5. Intellectual Property Rights
5.1 Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
5.2 You must not, without either our prior written consent or the prior written consent owner of the Content (as applicable):
(a) Copy or use, in whole or in part, any Content;
(b) Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) Breach any intellectual property rights connected with our Platform, including (without limitation) by:
i. altering or modifying any of the Content;
ii. causing any of the Content to be framed or embedded in another website; or
iii. creating derivative works from the Content.
6. Exclusion of competitors
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
7. Information
The Content (see the ‘exclusion of competitors’ clause above) is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
8. Third party sites
Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
9. Discontinuance
We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
10. Consumer Guarantees
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
Emily Osmond Platform Terms and Conditions
Emily Osmond Platform
Terms & Conditions
Terms last updated: 7th September 2023
11. Enrolling in The Modern Marketing Collective (Program)
11.1 You are able to browse and view the Website as an unregistered user, however to access exclusive content on our Platform, you will need to sign up and become a student of The Modern Marketing Collective (Student) by creating an account (Account). You are only able to have one Account on the Platform.
11.2 By electing to join as a Student, you agree to be bound by these Terms. The contract between us comes into existence when we receive payment from you to become a Student, whether that is an installment payment, recurring payment or an annual payment.
11.3 In entering into this contract you acknowledge and agree that you have not relied on any representation or information from any source except the definition and explanation of the Services given on our Platform including (if applicable) any call or discussion that you might have had with Emily or her team via phone or any other medium such as email or social media messages.
11.4 When you enroll as a Student, you must provide basic information including your name, email address, your location and details about your business, so we know who you are. You may choose your login details, including your password. If we allow you to create a username, the username you choose must not be offensive or in other ways insulting or contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
11.5 We review applications to join the Program and we may refuse to provide any person within the Program, including if, in our sole discretion, we believe your business is not a good fit for the Platform.
11.6 You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete. We are not responsible for any error made as a result of such information being inaccurate.
11.7 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions. You accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure.
11.8 You will immediately notify us of any unauthorised use of your Account.
11.9 You agree to notify us of any changes in your information, such as updated credit card details or other critical personal information immediately once a change occurs. If you do not do so, we may terminate your account at our discretion.
12. Program
12.1 Details of the cost and benefits of the program are set out on the Platform. You may subscribe to the Program at any time on the basis we offer it to you at the time you elect to subscribe.
12.2 You do not have to take any action for these Terms to apply other than electing to be bound by these Terms when you join the Program. By accepting these Terms, you instruct us to give you immediate access to the Platform and all paid services (Program Services) and you know that by doing so, you may not be entitled to a refund of any Annual Program fees paid to us.
12.3 In signing up for the Program, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
12.4. You may not transfer your enrolment in the Program to any other person.
12.5 We reserve the right to modify the Program rules or system and to change these Terms at any time, without notice. If, after such modifications, you continue to use the Program, we will deem this as your acceptance of the modified Terms.
13. Conduct and Social Media
13.1 Joining the Program means we give you access to exclusive content and materials, including but not limited to group question and answer sessions and access to our exclusive Facebook group. Your access to and your participation in any question and answer session, or any forum we make available via the Platform, including on Facebook, is subject to certain minimum standards of conduct. You being given access to our exclusive content, Facebook group, question and answer sessions and other benefits is conditional on you complying with the standards of behaviour we expect of you.
13.2 When you access the Platform, participate in any forum we curate (including on Facebook), or you participate in any of our question and answer sessions, you must not do, or attempt to do, anything that is unlawful, malicious, defamatory, obscene, offensive, threatening, violent, sexually explicit or pornographic; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which contravenes any rules that we have created (including Facebook group rules); anything which we would consider inappropriate; anything that is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person; anything that may give the impression that it emanates from us or that you are connected with us or that we have endorsed your business; or anything which might bring us or our Platform into disrepute, including (without limitation):
(a) to use our Platform or associated forums to defame, harass, threaten, menace or offend any person, or to post any content that defames, harasses, threatens, menaces or offends any person;
(b) posting anything that is obscene, indecent, excessively violent, misleading, deceptive or fraudulent;
(c) posting any material that is promotional material or advertising for commercial purposes or personal financial gain;
(d) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(e) interfering with any other User using our Platform;
(f) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using Trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
(g) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations; or
(h) facilitating or assisting a third party to do any of the above acts.
13.3 We reserve the right to remove any posts in our forum, which we, in our sole discretion, deem to be inappropriate, or not in compliance with this clause.
14. Payment
14.1 Access to exclusive content is made available to you based on your payment of our Program Fee (Program Fee).
14.2 You agree that you must pay our Program Fee to gain access to exclusive content and to join The Modern Marketing Collective (Program). There are a number of ways you may choose to pay the Program Fee, which are set out on the Platform. We reserve the right to change those ways and update the details on our Platform at our sole discretion.
14.3 Any payments will be made through our third party payment processor, currently Stripe or by any other payment method set out on the Platform.
14.4 You acknowledge that if we are unable to process your Program Fee or if your payments fail for any other reason after 4 or more attempts, we may cancel your access to the Program at our discretion. If we are forced to cancel your access to the Program, we can recover, through normal debt collection means, any outstanding Program Fee for the period for which you have enrolled from you in accordance with clause 14.5 below.
14.5 You will pay all sums due to us under these Terms and your Program Fee by the means specified without any set-off, deduction or counterclaim.
14.6 Your Program Fee and any other charges applicable to the use of the Program, such as any applicable taxes, will be charged on a recurring basis depending on the billing cycle period you have chosen, to your selected payment method on the calendar day corresponding to when you registered for an Account. By joining the Program, you understand and agree that the payment method you specify when signing up will be automatically charged each month or other period (depending on your chosen payment period), unless you or we cancel your Membership in accordance with these Terms.
14.7 In some cases your payment date may change, for example if payment is unable to be processed or if your Program began on a day not contained in a given month. You agree and acknowledge that you must have sufficient funds in your selected payment account in order to pay the Program Fee. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.
14.8 The Program Fee is subject to a 14 day refund guarantee. Requests for refunds must be made in writing via email to support@emilyosmond.com within the 14 day refund period, after which the Program Fee is non-refundable and non-transferable, subject to the Australian Consumer Law.
15. Security of your credit card
15.1 Credit card payments are not processed on a page controlled by us. Rather, processing of your Program Fee takes place on the third party payment processor (Third Party Payment Processer) connected to our Platform. We are bound by the terms and conditions of our Third Party Payment Processer that the Platform uses to take your payment and, by offering payment through that Third Party Payment Processer, you also agree to be bound by their terms and conditions.
15.2 If you have concerns about the safety or otherwise of your card, the Platform and other Third Payment Processor terms should be read before you agree to a monthly direct debit from your card for the Program Fee installments to ensure the details are being kept safely. While we will use our reasonable commercial endeavours to ensure the safety of any details we hold, we cannot directly control the details held by third party sites and will not be liable in this regard.
16. Storage of data
We assume no responsibility for the deletion or failure to store or deliver email or other messages. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Platform. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
17. Cancellation and Termination of the Program
17.1 If you pay your Membership Fee on a recurring basis, you can cancel your subscription by submitting a written request via email to support@emilyosmond.com. You must do this at least 3 business days before your next recurring Membership Fee is due to be paid to allow time for your cancellation to be processed. If you do not cancel your subscription in this timeframe, your Membership Fee may still be deducted from your chosen payment account.
17.2 If you cancel your subscription to the Program, your Account will automatically close at the end of your current billing period. We will also remove you from the Facebook group.
17.3 We may terminate these Terms for our convenience at any time by giving you 30 days’ notice via email to the email address in your Account. At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if you are in breach of these Terms, any applicable laws, regulations or third party rights or you fail to comply with acceptable standards of conduct on the Platform, Course Platform or associated social media forums.
The Modern Marketing Collective Terms (Program)
20. Contract for Content
20.1 When you, as purchaser or user of online course content, digital products and other digital or audio items (Content) place an order (Order) via our Platform, you will receive an acknowledgement confirming receipt of your Order from us. However, this acknowledgment will not constitute acceptance of your order.
20.2 A contract will not be formed between us until we send you confirmation by e-mail that the Content which you ordered have been dispatched to you by email or other form of digital download (Contract). In the case of audio, video or online course content hosted from our Platform, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, download, watch or stream such content for your personal, non-commercial use.
20.3 You agree that you will not copy, reproduce, distribute or use the Content other than as set out in this Contract and that you must not sell, transfer, lease, modify, distribute or publicly perform the Content included as part of the Contract or provided to you by us.
20.4 If you breach the Contract we reserve the right to terminate your license to use any purchased or free Content. Only that Content listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one on one services or other Content will be subject to another Contract.
21. Pricing
The price for the Content will be displayed on our Website and/ or Platform at the time of purchase. Where we become aware of any such error in the pricing we will fix it as soon as we are reasonably able to.
22. Payment for Content
If applicable, payments are to be made by the method you choose from our Course Platform. The payment method that you choose to use may be subject to additional terms and conditions that are imposed by the applicable third party payment processor. Where a third party payment processor is used, please review these terms and conditions before choosing and using your selected payment method. Where applicable, Goods and Services Tax (GST) will be added to the price. We reserve the right to charge in a currency of our choice.
23.2 These Terms apply to any existing online courses and digital products and any other online courses and digital products that we may provide in the future. We reserve the right to make changes to our online courses, including to the prices, at any time without any notice and at our sole discretion.
23.3 All Orders are non-refundable and non-transferable, subject to the Australian Consumer Law.
24. Facebook Community Access
24.1 Your course may include access to a specific related Facebook community (Group). You acknowledge and agree that in accessing the Group, you must comply with any rules that we have set in relation to participating in the Group and these rules form part of your obligations under these Terms.
24.2 The Group may be shut down at any time at our discretion. You acknowledge and agree that if the Group is shut down for any reason or you are unable to access the Group for any reason, we have no liability with regards to any loss that you suffer.
25. Delivery of digital product
The Content and/ or access on our Platform will be provided to you by email or other form of digital download, including but not limited to streaming them from a third party platform like Kajabi. You acknowledge and agree that any use of a third party course platform means you will be subject to the terms and conditions of that platform as well as these Terms.
Terms for access to online courses and digital products (free and paid)
27. Warranties, disclaimers and indemnity
27.1 To the extent permitted by law, we make no representations or warranties about our Platform or the Content including (without limitation) that our Platform will be secure, your access will be un-interrupted, error free or free from viruses or that the Platform is complete, accurate, reliable, up to date or suitable for any purpose.
27.2 Please note that we do not make any representations that on following any information provided on the Platform, that you will be able to achieve a certain number of follows or followers on your social media accounts, or boost your rankings on any advertising network account. Marketing is a competitive space and while our tips and information is designed to assist you, ultimately how you carry out your social media marketing policy is up to you and you are responsible for the execution of your strategy. We do not guarantee that you will be able to achieve a certain level of profit or social media following by using our materials.
27.3 You read, use, and act on our Platform and the Content at your own risk.
28. Limitation of liability
28.1 Despite anything to the contrary, to the maximum extent permitted by law:
(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
(i) event or circumstance beyond our reasonable control;
(ii) acts or omissions of you or your personnel;
(iii) any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
(iv) use of the Course Platform and/or Content;
(v) interaction you have with other Users whether in person or online;
(vi) any injury or loss to any person;
(vii) Content which is incorrect, incomplete or out-of-date; or
(viii) breach of these Terms or any law.
(d) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
(e) This clause will survive the termination or expiry of these Terms.
29. Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or Course Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
30. Dispute
30.1 In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution (Notice).
30.2 Within 7 days after receiving the Notice, the parties must meet (this can be via phone, video conference or in person-in our sole discretion) at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged.
30.3 If, within 21 days after receiving the Notice, the parties involved do not resolve the Dispute or agree on an alternate method to resolve the Dispute then the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
31. Assignment
You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected.
32. Severance
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
33. Waiver
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
34. Entire agreement
The above terms set out in this online purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
35. Jurisdiction
The laws of Victoria govern your use of our Platform, our Course Platform and these Terms. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Course Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Course Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Course Platform.
For any questions and notices, please contact us at:
Emily Clare Osmond ABN 68 665 172 660
Email: support@emilyosmond.com
Last update: 10 January 2022
General Matters relating to Program and Content
