OBL Goods and Services
Terms & Conditions of Use
1. About the Goods and Services
1.1 Welcome to Online Business Liftoff (OBL) Goods and Services (Goods and Services). A full description of the goods and services available is provided here https://onlinebusinessliftoff.com/obl-product-offerings-2021/.
1.2. Provision of the Goods and Services is operated by West Island Digital Pty Ltd PTY. LTD. (ABN 807 604 270 233). Please read these terms and conditions (‘Terms') carefully. Purchasing any Goods and Services signifies that you agree to be bound by the Terms.
1.3. West Island Digital Pty Ltd reserves the right to review and change any of the Terms. Any changes to the Terms will be updating on this page and take immediate effect from the date of their publication. West Island Digital Pty Ltd will use reasonable steps to notify you of any updates to the Terms.
2. Acceptance of the Terms
2.1 You accept the Terms by purchasing and Goods and Services. You will also be required to accept the Terms by clicking to the ‘Accept’ field on the purchasing page in your email or other electronic communications
3. The Goods and Services
3.1 A description of the OBL product suite of Goods and Services including the eligibility, fees and benefits associated with each can be found here https://onlinebusinessliftoff.com/lp/open-sale-lp/
3.2 You agree that it is your responsibility to ensure that the Goods and Services you purchase are suitable for your use.
4. Purchasing and Payment
4.1 OBL Goods and Services can be purchased from the link in your email communications. You will be required to provide certain personal information to process any purchase and arrange for your goods and services to be delivered. Subject to any rights you may have or any obligations West Island Digital Pty Ltd may have under law which cannot be limited or restricted, while West Island Digital Pty Ltd goods and services are generally made available to the public, West Island Digital Pty Ltd is not obliged to sell any of its goods or services to any person.
4.2 You guarantee that any information you give to West Island Digital Pty Ltd will be correct and up to date.
4.3. All payments made in relation to your Goods and Services are made using Paypal or Credit Card. When making your payment, you agree to be bound by the Paypal terms and conditions which are available on their website or those of your particular credit card provider.
4.4. You acknowledge and agree that where a request for the payment of Goods and Services is returned, denied or unpaid by your financial institution, then you are liable for any costs, including banking fees and charges, associated with claiming the payment.
4.5. You agree and acknowledge that West Island Digital Pty Ltd can vary the Goods and Services charges at any time.
5 Refund policy
5.1 The West Island Digital Pty Ltd product suite contains Goods and Services that require booking a session time, eg; coaching sessions. You can cancel a session time through the ‘Contact Us’ link on out homepage
(a) If you cancel your session time 48 hours or more before your scheduled session time you will be given the opportunity to reschedule or receive a full refund.
(b) If you cancel your session less than 48 hours before your scheduled session time you will be given the opportunity to reschedule however you will not be entitled to a refund.
5.2 All sales that do not require you to book a session time are final and no refund will be issued. Some events require attendance at an event eg; Masterclasses. If you book your attendance but cannot attend West Island Digital Pty Ltd will ensure that you receive a recording of the event.
6 Copyright and Intellectual Property
6.1. All OBL Goods and Services and related products of West Island Digital Pty Ltd are subject to copyright and may contain particular trademarks, service marks and trade names and also contain confidential or proprietary information. As such, all material protected by Australian intellectual property
laws and through international treaties. Unless otherwise indicated, all intellectual property rights relating to or associated with the Goods and Services and compilation of Goods and Services (including but not limited to text, graphics, button icons, video images, audio clips, code and interactive features) are owned or controlled by West Island Digital Pty Ltd or its contributors. West Island Digital Pty Ltd grants you a limited non-transferable permission to use these materials only for the purpose of your enjoyment of your purchase in accordance with the Terms, and only for your personal and non-commercial use. All other intellectual property rights are expressly reserved by West Island Digital Pty Ltd.
6.2 West Island Digital Pty Ltd retains all rights, title and interest in the Goods and Services and all related content. Nothing you do in relation to the Goods and Services will transfer any or the following to you:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a right to adapt, modify or exploit a thing, system or process that is the subject of a patent, registered design or copyright.
6.3 You may not, without the prior written permission of West Island Digital Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Goods and Services or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8 General Disclaimer
8.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law.
8.2 Subject to this clause 8, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) West Island Digital Pty Ltd will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Goods and Services or these Terms (including as a result of not being able to use the Goods and Services or the late supply of the Goods and Services).
8.3. Use of the Goods and Services and any content is at your own risk. Everything in relation to the Goods and Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of West Island Digital Pty Ltd make any express or implied representation or warranty about the Goods and Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information in the content of the Goods and Services or any of its content related products (including third party material and advertisements.)
(c) costs incurred as a result of you using the content of any of the goods and services of West Island Digital Pty Ltd; and
(d) the content or operation of the Goods and Services in respect to links which are provided for your convenience.
9 Limitation of Liability
9.1. Notwithstanding any other provision to the contrary, West Island Digital Pty Ltd's total liability arising out of or in connection with the content or these Terms will not exceed the resupply of the goods and services purchased by you.
9.2. You expressly understand and agree that West Island Digital Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10.1. You agree to indemnify West Island Digital Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Goods and Services;
(b) any direct or indirect consequences of you accessing, using or transacting West Island Digital Pty Ltd or attempts to do so; and/or
(c) any breach of the Terms.
11 Dispute Resolution
11.1 If a dispute arises relating to the Terms or to West Island Digital Pty Ltd please contact West Island Digital Pty Ltd in writing / email detailing the nature of the dispute and the desired outcome. West Island Digital Pty Ltd will work with you in good faith to try to resolve the issue and take appropriate action.
11.2 All communications in connection with this dispute resolution clause are confidential.
11.3 Any dispute in any way relating to the Terms shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12 Contact Us
12.1 If you require any further information regarding the Goods and Services please use the ‘Contact Us’ link on the homepage.