Licencing Agreement

We don't like reading licensing agreements either, so here's a brief version:

In Short

When subscribing to our training videos you acknowledge that:

  • OM Health owns and copyright the training videos and content of this site

  • Training videos are streamed to your device and not saved

  • You can view as many times as you like, and show other people, but not more than 5 other people at a time

  • You may not: Sell, rent access or distribute without permission from us

  • You may not: Share login access with others

 

The Detail

The videos and written content of this website and works contained within is the legal property of OM Health. By downloading, streaming, or otherwise viewing the content you agree to the terms set out in this document.

Our videos are streamed from our content servers to your computer or mobile device and are downloaded for the duration that you are watching the presentation. You may view as often as you like within the timescale you have purchased, providing you adhere to these conditions:

You may:

View the content on as many platforms as you wish, provided that you are not modifying the output in any way, and that you are not benefitting commercially or broadcasting to a large audience (one hundred viewers plus).

You may not:

  • Watch concurrently on more than one device.

  • Sell, rent or otherwise distribute the content without the prior permission of OM Health.

  • Distribute the content via peer to peer networks, upload to public or private repositories, or copying for commercial gain.

  • Share your personal login link with anyone else (including friends, family or co-workers). If we believe that others have accessed your account we will revoke access without notice.

Video Terms and Conditions

1. The Service

The Service offers downloads of digitised versions of audio recordings, artwork and information relating to such audio recordings, and other content (individually and collectively, "Digital Content") and other services under the terms and conditions in the Terms of Use.

2. Digital Content

2.1 Rights Granted. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, educational, non-commercial, entertainment use, subject to and in accordance with the licensing agreement. You may stream, view, store a temporary copy of the Digital Content only for your personal, educational non-commercial, entertainment use, subject to and in accordance with the licensing agreement.

2.2 Restrictions. You represent, warrant and agree that you will use the Service only for your personal, educational non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section 2.2. You agree not to infringe the rights of the Digital Content's copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 2.1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.

2.3 Explicit Content.

You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.

2.4 Adding and Removal of Content

We may, from time to time, remove add or remove Digital Content from the Service without notice.

3. Reservation of Rights

Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service, the Software and the Digital Content are reserved and retained by us and our licensors. You do not acquire any ownership rights in the Software or Digital Content as a result of purchasing Software or Digital Content.

4. General

4.1 Damages Cap. Without limiting the Disclaimer of Warranties and Limitation of Liability in  OM Health. Conditions of Use: (i) in no event shall our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury, death or intentional harm) arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars AUD (AUD$50.00); and (ii) in no event shall our or our Digital Content providers total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service (excluding the Software), exceed the amount you paid to purchase, on the Service, the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

4.2 Termination, Amendments: Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with any of its terms. In case of such termination, you must cease all use of the Software and Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Service's website. Your continued use of the Service, the Software or the Digital Content after any such amendment's effective date evidences your agreement to be bound by it.

4.3 Third Party Beneficiaries. Digital Content copyright owners are intended third-party beneficiaries under the Terms of Use and may enforce the Terms of Use against you and invoke all rights hereunder including limitations of liability.

4.4 Law and Jurisdiction. This Agreement will be interpreted and enforced in accordance with the laws of Australia and its Territories, and OM Health and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The application of any conflict of laws rules and the Convention on Contracts for the International Sale of Goods are excluded from this Agreement.

5. Your Account

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.

OM Health reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

6. Access to OM Health

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

7. Licence for website access

OM Health grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of OM Health. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OM Health  and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising OM Health's or its affiliates' names or trademarks without the express written consent of OM Health. Any unauthorised use terminates the permission or license granted by OM Health.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of OM Health as long as the link does not portray OM Health, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any OM Health logo or other proprietary graphic or trademark as part of the link without our express written consent.

8. Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not OM Health, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity

  • to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"

  • to cause annoyance, inconvenience or needless anxiety.

9. Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. OM Health reserves the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you

(a) grant OM Health and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

(b) grant OM Health and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to OM Health, including the execution of deeds and documents, at the request of OM Health.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to OM Health: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable OM Health policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify OM Health and its affiliates for all claims brought by a third party against OM Health or its affiliates arising out of or in connection with a breach of any of these warranties.

10. Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of OM Health. All software used on this website is the property of OM Health, our affiliates or our software suppliers and is protected by Luxembourg and international copyright and author' rights laws.

11. Intellectual Property Claims

OM Health respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Infringement.

12. Pricing and availability

All prices are inclusive of GST unless stated otherwise. Availability of streamed content hosted on any third-party sites is subject to the discretion of those sites.

13. Electronic communications

When you visit OM Health or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

15. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

16. Waiver

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.