SERVICE TERMS

Last updated on 1 December 2023

 

Olivia Murphy Marketing FZ LLC (referred to herein as "we" "us" "our" or "OMM FZ LLC").

www.oliviamurphymarketing.com (referred to herein as the "Website").

Users means users of the Website.

 

1.  Overview

 

The Website is operated by OMM FZ LLC.

 

The Website, including all information, tools and services available thereon is made available by OMM FZ LLC to the Users, conditional upon the User's acceptance of all terms, conditions, policies and notices stated herein and as otherwise published on the Website.

 

By visiting the Website and/or purchasing any products, services or materials from OMM FZ LLC, you agree to comply with and be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein (the "Service Terms"). The Service Terms apply to all Users, including without limitation Users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

The Service Terms should be read and carefully considered before accessing or using the Website. By accessing or using any part of the Website, you confirm you have read and understood and hereby agree to be bound by the Service Terms. If you do not agree to the Service Terms in their entirety, then you may not access the Website or use any services.

Any new features, tools or content which are added to the Website in addition to those currently present shall also be subject to the Service Terms. The current version of the Service Terms is available on the Website at any time. OMM FZ LLC reserves the right to update, amend or replace any part of the Service Terms at any time by posting a notice to that effect on the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of notice of changes constitutes acceptance of such changes.

 

Our store is hosted by Kajabi, LLC who provides the Website with the online e-commerce platform that allows the Website to sell OMM FZ LLC's products and services to you.

 

2.  Online Store Terms

 

By agreeing to the Service Terms, you represent and warrant that you are at least the legal age of majority in your country of residence, or that you are the legal age of majority in your country and you have given OMM FZ LLC and the Website your consent to allow any of your minor dependents to use the Website.

 

You may not use any of our services or products for any illegal or unauthorized purpose nor may you, in the use of such services or products, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of the Service Terms, or any part thereof, will result in an immediate termination of your services.

3.  General Conditions

 

OMM FZ LLC reserves the right to refuse service to anyone at any time in its sole and unfettered discretion. You acknowledge and agree that your content (including but not limited to your credit card information), may be transferred via unencrypted methods and may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

 

You undertake not to share, reproduce, replicate, copy, sell, resell or exploit in any way any product or service (or any part thereof), use of the product or service, or access to the product or service or any contact on the Website through which the service is provided or the product purchased, without OMM FZ LLC's prior written consent.

 

4.  Accuracy, Completeness and Timeliness of Information

 

OMM FZ LLC is not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information and for the User's convenience only and should not be relied upon or used as a basis for making decisions without consulting primary, more accurate, complete and timely sources of information. Any reliance on the material on the Website is at your own risk.

 

The Website may contain certain historical information. Historical information, by its nature, is not current and is provided for your reference only. OMM FZ LLC reserves the right to modify the contents of the Website at any time but is under no obligation whatsoever to update any information on the Website. You expressly acknowledge and agree that it is your responsibility to monitor changes to the Website and that OMM FZ LLC is not, in any way whatsoever, required to monitor the Website on your behalf nor to notify you of any changes thereto.

 

5.  Modifications to the Service and Prices

 

Prices for OMM FZ LLC's products are subject to change without notice. OMM FZ LLC reserves the right to modify or discontinue the service (or any part thereof) without notice at any time. OMM FZ LLC shall not be liable in any way whatsoever to you or to any third-party for any modification, price change, suspension or discontinuance of any services or products.

 

6.  Products or Services (If Applicable)

 

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and may be subject to a 48-hour "cooling off period" for return as stipulated in relation to each product or service on the Website. If a "cooling off period" applies, OMM FZ LLC's Refund Policy (a copy of which is available on the Website) shall apply after the expiry of any such "cooling off period". 

OMM FZ LLC has made every effort to display as accurately as possible the colours and images of the products that appear on the Website. Notwithstanding the foregoing, OMM FZ LLC cannot guarantee that your computer monitor’s display of any colour will be accurate.

 

OMM FZ LLC reserves the right, but is not obligated to, limit: (i) the sales of its products or services to any person, geographic region or jurisdiction; and (ii) the quantities of any products or services it offers. OMM FZ LLC further reserves the right to discontinue any product or service at any time. The aforementioned rights may be exercised on a case-by-case basis. All descriptions of services and products and the pricing thereof are subject to change at any time without prior notice at OMM FZ LLC's absolute discretion. Any offer for any product or service made on the Website is void where prohibited.

 

OMM FZ LLC does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service or product (as the case may be) will be corrected.

 

7.  Monthly Subscriptions

 

A member has thirty (30) days from the date of the original purchase to request a refund for a service or product to which the subscription relates. Any refund request issued more than thirty (30) days from the date of the original purchase will not be honoured.

 

Members may cancel their subscriptions at any time to discontinue billing. If a member purchases products or services that are subscription based, the member agrees to pay, and authorizes the automatic recurring billing of the subscription fees with the credit card, or other payment methods on file, until such subscription is cancelled by the member. The member’s account will be charged every thirty (30) days unless otherwise expressly agreed in writing with OMM FZ LLC.

 

The Member expressly acknowledges and agrees that each automatic recurring billing of the subscription fees are non-­refundable and will not be prorated as the service is deemed used when accessed. The member hereby authorizes OMM FZ LLC to initiate debit entries from the account provided for the subscription fee, as well as any other purchases made on the Website.

 

Members may cancel their subscription at any time by contacting Olivia at [email protected] 

 

8.  Accuracy of Billing and Account Information

 

OMM FZ LLC reserves the right to refuse, at its absolute discretion, any order placed with it and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If OMM FZ LLC changes or cancels an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. OMM FZ LLC reserves the right to limit or prohibit orders that, in its sole discretion, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that OMM FZ LLC can complete your transactions and contact you as needed. For more detail, please review the Refund Policy which is available on the Website.

 

9.  Optional Tools

 

OMM FZ LLC may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You expressly acknowledge and agree that OMM FZ LLC provides access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. OMM FZ LLC shall have no liability whatsoever arising out of or in relation to your use of any third-party tools.

 

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

 

OMM FZ LLC may offer new services and/or features through the Website (including, the release of new content and resources). Such new content and resources shall be subject to the Service Terms.

 

10.  Third-Party Links

 

Certain content, products and services available via our services and/or the Website may include materials from third parties.

 

Third-party links on the Website may direct you to third-party websites that are not affiliated with OMM FZ LLC. You expressly acknowledge and agree that OMM FZ LLC is not responsible or required in any way to examine or evaluate the content or accuracy of such third-party links or websites and does not warrant and will not have any liability or responsibility whatsoever for any third-party materials or websites, or for any other materials, products, or services of third parties.

 

OMM FZ LLC is liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. You should carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not OMM FZ LLC.

 

11.  User Comments, Feedback and other Submissions

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that OMM FZ LLC may, at any time, without any restriction or impediment, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. OMM FZ LLC is not and shall not be under any obligation whatsoever to: (i) maintain any comments in confidence; (ii) pay any compensation or remuneration in any form whatsoever for any comments; or (iii) respond to any comments.

 

OMM FZ LLC may, but is under no obligation to, monitor, edit or remove content that it determines in its sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any part of the Service Terms or any of OMM FZ LLC's policies or agreements.

 

You undertake that your comments will not violate any third-party's rights, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right. You further undertake that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. OMM FZ LLC takes no responsibility and assumes no liability whatsoever for any comments posted by you or any third-party.

 

You undertake to indemnify, defend and hold harmless OMM FZ LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of any comments posted by you.

 

12.  Errors, Inaccuracies and Omissions

 

Occasionally there may be information on the Website (or in the services or products) that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. OMM FZ LLC reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service, product or on the Website or any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

OMM FZ LLC is under no obligation to update, amend or clarify information in the service, product or the Website or on any related website, including without limitation, pricing information, except as required by applicable law. No specified update or refresh date applied in the service, product or on the Website or any related website, should be taken to indicate that all information in the service, product or on the Website or any related website has been modified or updated.

 

13.  Prohibited Uses

 

In addition to other prohibitions as set forth in the Service Terms, Users are prohibited from using the Website or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. OMM FZ LLC reserves the right to terminate your use of the service, product or the Website or any related website for violating any of the prohibited uses.

 

You undertake to indemnify, defend and hold harmless OMM FZ LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of any use by you of the Website or its content in violation of this section.

 

14.  Personal Information

 

Your submission of personal information through the Website is governed by the Privacy Policy which is available on the Website.

 

15.  Disclaimer of Warranties; Limitation of Liability

 

OMM FZ LLC does not guarantee, represent or warrant that your use of our services, products or the Website will be uninterrupted, timely, secure or error-free or that the results that may be obtained from the use of such services, products or the Website will be accurate or reliable. You agree that, from time-to-time, OMM FZ LLC may remove the services, products or the Website for indefinite periods of time or cancel the service at any time, without notice.

You expressly acknowledge and agree that your use of, or inability to use, the service, product or the Website is at your sole risk. All products and services delivered to you in any medium are (except as expressly stated by us in writing) provided on an "as is" and "as available" basis without any warranties, representations or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall OMM FZ LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service, product, the Website or any service or product procured using the services, products or the Website, or for any other claim related in any way to your use of any service or product or the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Where the exclusion of or the limitation of liability for consequential or incidental damages is prohibited by applicable law, OMM FZ LLC's liability shall be limited to the price of the service or product originally purchased by you from OMM FZ LLC.

 

16.  Compliance with Laws

 

You undertake to comply with all applicable laws, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws, data protection laws (including but not limited to the European Union General Data Protection Regulation, UK Data Protection Act), telemarketing laws, laws governing testimonials, and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws.

 

If you use any messaging software, including any messaging software now existing or which may in the future be created, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal telephone consumer protection act.

 

You undertake to indemnify, defend and hold harmless OMM FZ LLC from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against OMM FZ LLC relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether or not provided by any company or software.

 

You further acknowledge and agree that OMM FZ LLC has no control over, and therefore cannot be responsible in any way for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, Instagram, Tik-Tok or any internet browser notifications. OMM FZ LLC does not warrant that any messaging software will be compatible with any third-party software. You are solely and absolutely responsible for your use of any and all messaging software and/or hardware.

 

17.  Indemnification

 

You undertake to indemnify, defend and hold harmless OMM FZ LCC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Service Terms or the documents they reference, or your violation of any law or the rights of a third-party.

 

18.  Termination

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Service Terms.

 

The Service Terms are effective unless and until terminated by you or OMM FZ LLC. You may terminate the Service Terms at any time by notifying us that you no longer wish to use our services or products or when you cease using the Website.

 

If you have failed, or we reasonably suspect that you have failed, to comply with any term or provision of the Service Terms, OMM FZ LLC may terminate these Service Terms immediately at any time without notice and you will remain liable for all amounts due up to and including the date of termination and may immediately deny you access to our services, products, the Website or any part thereof.

 

19.  Miscellaneous

 

If any provision of these Service Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Service Terms and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

None of the terms, provisions or conditions of the Service Terms are considered waived by OMM FZ LLC unless a waiver is given in writing by OMM FZ LLC. Any waiver of OMM FZ LLC’s rights, powers or remedies hereunder must be dated and signed by an authorised representative of OMM FZ LLC granting such waiver and must specify the right and the extent to which it is being waived.

 

The Service Terms do not create any partnership, joint venture or other joint relationship between you and OMM FZ LLC. Neither party has the right, power or authority to enter into any agreement or commitment or act on behalf of or otherwise bind the other party.

Except as expressly stated to the contrary in the Service Terms, no provision of the Service Terms is intended to or does confer upon any third party any implied benefit or legally enforceable rights enforceable at the option of the third party against OMM FZ LLC.

 

These Service Terms and any policies or operating rules posted on the Website or in respect to the services or products constitutes the entire agreement and understanding between you and OMM FZ LLC and governs your use of the service, product and the Website and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service).

 

The most current version of the Service Terms are available on the Website. OMM FZ LLC reserves the right, at our sole discretion, to update, change or replace any part of the Service Terms by posting updates and changes to the Website. It is your responsibility to check the Website periodically for any changes. Your continued use of or access to the Website or the service following the posting of any changes to the Service Terms constitutes acceptance of such changes.

 

20.  Governing Law and Disputes

 

The Service Terms and any separate agreements pursuant to which OMM FZ LLC provides you services shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of in connection with the Service Terms shall be subject to the exclusive jurisdiction of the English courts.