Your Membership Terms and Conditions of Use
1. About the Membership
1.1 Welcome to the Online Business Liftoff (OBL) Community Membership Program. A full description of the benefits, entitlements and services associated with the OBL Membership Program (the ‘Membership’) is provided here https://onlinebusinessliftoff.com/open-sale-lp/.
1.2 The Membership is operated by West Island Digital Pty Ltd PTY. LTD. (ABN 807 604 270 233). Use of the Membership or any of its associated Products or Services is provided by West Island Digital Pty Ltd. Please read these terms and conditions (the ‘Terms') carefully. Joining the Membership, 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 updated 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 joining the Membership. You can access this by clicking on the JOIN NOW button on the Online Business Liftoff Website and following the steps to the purchasing page. You will be required to accept the Terms by clicking the ‘Accept’ field on the relevant purchasing page.
3. Membership Subscriptions and Benefits
3.1 Membership is available to all members of the public. There is only one level of membership and multiple ways to make payment.
3.2 Eligibility and benefits can be found here https://onlinebusinessliftoff.com/obl-product-offerings-2021/.
4. Joining the Membership
4.1 To join the Membership you must complete an online form, select a suitable payment plan and pay the applicable fee for the membership you selected (“Plan Fee”). The online Membership application form can be found on the Online Business Liftoff Website at https://onlinebusinessliftoff.com.
4.2. You agree that it is your responsibility to ensure that the payment plan you purchase is suitable for your use.
4.3. When purchasing your Membership, you will be required to provide certain personal information to register for the Membership site and the Community Forum. You guarantee that any information you give to West Island Digital Pty Ltd will be correct and up to date.
4.4. Once you have completed the registration process you will be a Member and granted immediate access to the membership until the payment period for your selected payment plan expires (the ‘Payment Period').
4.5. You may not join the membership if:
(a) you are not of legal capacity to form a binding contract with West Island Digital Pty Ltd; or
(b) you are a person barred from receiving the Membership under the laws of Australia or any other country.
5. Your obligations as a Member
5.1. As a Member, you agree to comply with the following:
(a) you will use the Membership only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your username, password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Membership;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify West Island Digital Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Membership is limited, non-transferable and allows for the sole use of the Membership by you for the purposes of West Island Digital Pty Ltd providing the Membership;
(e) you will not use the Membership in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of West Island Digital Pty Ltd;
(f) you will not use the Membership for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means.
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Membership site and the Community Forum without notice and may result in termination of the Membership. Appropriate legal action will be taken by West Island Digital Pty Ltd for any illegal or unauthorised use of the Membership; and
(h) you acknowledge and agree that any automated use of the Membership is prohibited.
6.1. All payments made in relation to the Membership are made using PayPal or Credit Card. When making any payment in relation to the Membership, you agree to be bound by the PayPal terms and conditions which are available on their websites or those of your particular credit card provider.
6.2 You agree that your Membership plan will automatically renew for successive terms and therefore you authorise us to activate automatic recurring payments for your Plan Fee, unless you terminate your Membership with a minimum of 14 days’ notice before the end of your then current Payment Period.
6.3. You acknowledge and agree that where a request for the payment of the Plan Fee 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 Plan Fee.
6.4. You agree and acknowledge that West Island Digital Pty Ltd can vary the Plan Fee at any time and that the varied Plan Fee will come into effect following the conclusion of the existing Payment Period.
6.5. Receipts will be issued on request.
7.1 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, West Island Digital Pty Ltd will not be liable for any refund of your monthly or yearly fees already paid.
8. Managing your Membership
8.1 Membership commences on the date payment is received by West Island Digital Pty Ltd and continues until the end of the selected Payment Period. Membership is automatically renewed on receipt of all following automatic payments.
8.2 Members can change their payment plan at any time. You agree that any requests for subscription level changes require you to complete all of the following three actions:
(a) providing West Island Digital Pty Ltd with a change request via the ‘Contact Us’ link on our homepage and
(b) selecting your preferred level through the “My Account” page on the membership site and
(c) changing your payments on your payment platform.
9. Cancelling your Membership
9.1. You can cancel your membership, at any time up to 14 days prior to the end of your Payment Period by:
(a) providing West Island Digital Pty Ltd with a minimum of 14 days' notice of your intention to terminate via the ‘Contact Us’ link on our homepage and
(b) Changing your subscription level to ‘Cancel’ on the Membership site prior to the end of the subscription period.
9.2 You can re-activate a cancelled membership at any time by contacting West Island Digital via the ‘Contact Us’ link on the homepage. You will be subject to the pricing schedule applicable at the time of your re-joining.
9.3. West Island Digital Pty Ltd may cancel your membership at any time if:
(a) there is a non-payment of fees at the end of the Payment Period;
(b) you have breached any provision of the Terms or intend to breach any provision;
(c) West Island Digital Pty Ltd is required to do so by law;
(d) the provision of the Membership to you by West Island Digital Pty Ltd is no longer commercially viable.
If West Island Digital Pty Ltd terminate your membership you will receive 7 days’ notice in writing.
9.4. Subject to local laws, West Island Digital Pty Ltd reserves the right to discontinue or cancel your Membership at any time and may suspend or deny your access to the Membership without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts West Island Digital Pty Ltd's name or reputation or violates the rights of those of another party.
9.5 When the Membership is cancelled all of the legal rights, obligations and liabilities that you and West Island Digital Pty Ltd have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
9.6 You will not be refunded for any unused time left on your Payment Period.
9.7 You may ask for a full refund (less any transaction fees incurred by West Island Pty Ltd) of the monies paid for the Community Membership if you do so within 30 days of initially joining the community.
10. Copyright and Intellectual Property
10.1. The Membership site and all of the related products and services 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 in the Membership is protected by Australian intellectual property laws and through international treaties. Unless otherwise indicated, all intellectual property rights relating to or associated with the Membership and compilation of the Membership (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 Membership 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.
10.2. West Island Digital Pty Ltd retains all rights, title and interest in the Membership and all related services. Nothing you do in relation to the Membership will transfer any of 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.
10.3. 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 any Membership materials for any purpose other than previously agreed by these Terms. This prohibition does not extend to materials in the Membership, which are freely available for re-use or are in the public domain.
12. General Disclaimer
12.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law.
12.2. Subject to this clause 11, 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 Membership or these Terms (including as a result of not being able to use the Membership services or the late supply of the Services),
12.3. Use of the Membership services is at your own risk. Everything in relation to the Membership 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 Membership materials 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 relating to the Membership, or any of the Membership related products (including third party material and advertisements);
(c) costs incurred as a result of you using the Membership or any of the products of West Island Digital Pty Ltd; and
(d) the operation of the membership in respect to links which are provided for your convenience.
13. Limitation of liability
13.1. Notwithstanding any other provision to the contrary, West Island Digital Pty Ltd's total liability in connection with your Membership or these Terms will not exceed the Plan Fee you paid for your current Payment Period.
13.2. 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.
13.3 You acknowledge and agree that West Island Digital Pty Ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Membership.
14.1. 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 Membership;
(b) any direct or indirect consequences of you accessing, using or transacting through the Membership or attempts to do so; and/or
(c) any breach of the Terms.
15. Dispute Resolution
15.1 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.
15.2 All communications in connection with this dispute resolution clause are confidential.
15.3 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.
16 Contact Us
16.1 If you require any further information regarding the Membership please use the ‘Contact Us’ link on the homepage.