Terms of Service

Updated June 2023

1. Introduction

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH THE PRIVACY POLICY (HEREAFTER DENOTED AS ‘THE TERMS’) BECOME IN EFFECT, A LEGALLY BINDING COMMITMENT BETWEEN YOU (OR YOUR BUSINESS ENTITY) AND THE J.O DELLING & E.M VASERMAN PARTNERSHIP (KNOWN AS OUTRIGHT WEB MARKETING SOLUTIONS [OMR]). THE TERMS GOVERN ACCESS TO AND USE OF THE PLATFORM AND ALL INTERACTIONS WITH OUTRIGHT WEB MARKETING SOLUTIONS RELATED TO THE PLATFORM. IF YOU DO NOT ACCEPT THE TERMS, DO NOT CREATE AN ACCOUNT OR ENGAGE IN USE OF THE PLATFORM. IN THE EVENT OF CONFLICT BETWEEN THE TERMS AND ADDITIONAL AGREEMENTS WITH OUTRIGHT WEB MARKETING SOLUTIONS, THE TERMS SHALL PREVAIL, WITH FUTURE AGREEMENTS ACTING ULTRA VIRES. OUTRIGHT WEB MARKETING SOLUTIONS RESERVES THE RIGHT TO ALTER THE TERMS AT ANY TIME. ANY AND ALL CHANGES ARE EFFECTIVE UPON BEING POSTED AND CONTINUED USE OF THE PLATFORM AND THE SERVICES THAT OUTRIGHT MARKET SOLUTIONS PROVIDED SHALL BE CONSTRUED AS ACCEPTANCE AND AGREEMENT TO THE UPDATED TERMS. OUTRIGHT WEB MARKETING SOLUTIONS UTILISES HIGHLEVEL INC’S (FURTHER DENOTED AS ‘HIGHLEVEL’) SOFTWARE AND PLATFORM (FURTHER DENOTED AS ‘THE PLATFORM’). ANY ENGAGEMENT WITH OUTRIGHT WEB MARKETING SOLUTIONS IS TO BE DONE ACCORDING TO HIGHLEVEL’S TERMS. NOTE THAT OUTRIGHT WEB MARKETING SOLUTIONS ABSOLVES ITSELF OF ANY LIABILITY ARISING THROUGH THE UTILISATION OF THE PLATFORM TO THE GREATEST EXTENT PERMITTABLE BY LAW. HIGHLEVEL’S TERMS ARE AVAILABLE HERE, THEY MUST BE CONSULTED BEFORE ENGAGING WITH OUTRIGHT WEB MARKETING SOLUTIONS

https://www.gohighlevel.com/terms-of-service?fbclid=IwAR2ZAxUEnm4RqPS5dUH1u5mXqaYkIq4ysuOc3skyXwA9zg3u9FgV0IZymcY

2. Use of Platform

2.1 Age restriction

You must be at least 18 years old to use the platform. By creating an account and accepting these terms, you represent that you satisfy this age requirement. If you are the parent or legal guardian permitting an individual who is at least 13 years of age, but under 18 years of age (a ‘minor’) utilise the services provided by Outright Web Marketing Solutions you agree to:

i. Supervise the minor’s use of the services provided.

ii. Assume all risks associated with, and liabilities resulting from the minor’s use of the services provided.

iii. Ensure the suitability of the service provided for the minor.

iv. Ensure all information submitted to Outright Web Marketing Solutions by the minor as accurate.

2.2 Account Usage

i. Supervise the minor’s use of the services provided.

ii. Assume all risks associated with, and liabilities resulting from the minor’s use of the services provided.

iii. Ensure the suitability of the service provided for the minor.

iv. Ensure all information submitted to Outright Web Marketing Solutions by the minor as accurate.

2.3 Privacy

By using the platform and engaging with Outright Web Marketing Solutions, you accept the terms of the privacy agreement as well as the privacy agreement of the provider of the platform, HighLevel inc. You agree that by utilising the service and platform provided by Outright Web Marketing Solutions that your information and user contributions may be used by Outright Web Marketing Solutions to improve the services provided by them. Note this is also subject to the terms of HighLevel inc.

2.4 Third Party Services

Outright Web Marketing Solutions is not responsible or liable for the use of third-party services in the process of utilising the platform or the services provided by Outright Web Marketing Solutions. In accepting these terms, you agree to this. When utilising the services of third parties, their relevant terms and conditions should be read and agreed to.

2.5 Access to platform or services

Outright Web Marketing Solutions is not responsible for any inability to access the services provided by them nor the platform. Any loss eventuating from failure to access the platform or service is not the liability of Outright Web Marketing Solutions.

3. Prohibited use and cancellation of agreement

Outright Web Marketing Solutions reserves the right to cancel/void any use of their service and the platform for a breach of the following:

i. Use of the platform or services that in any way violates relevant law or regulatory standards.

ii. Use of the platform or services to exploit, harm or attempt to exploit or harm anyone in any way.

iii. Use of platform or services to send, receive, upload, download, use or re-use any material not complying with these terms.

iv. Use of the platform or services to transmit or procure the sending of unlawful advertising or promotional material or any other similar solicitation.

v. Use of the platform or services that could harm the reputation of Outright Web Marketing Solutions or HighLevel Inc.

vi. Use of the platform or services that could harm, disable, overburden, damage or impair others’ ability to utilise the platform or services.

vii. Introduction of any viruses to the platform or to the platforms used to provide the services.

viii. Otherwise attempting to interfere with the proper workings of the service or platform.

4. Payment

4.1 Fees

Your use of the platform and the services of Outright Web Marketing Solutions is subject to the timely payment of all associated fees. All fees are non-refundable, however Outright Web Marketing Solutions reserves the right to refund on a discretionary basis.

4.2 Associated costs

By entering into the agreement, you accept the continued obligations arising in the payment structure or plan provided to you and agree to pay these fees and costs as the obligations arise. Outright Web Marketing Solutions agrees that no other associated costs or fees will be burdened by you outside of what is explained and provided to you upon your engagement with Outright Web Marketing Solutions, subject to further payment agreements.

4.3 Taxes

Outright Web Marketing Solutions is not responsible for any associated governmental tax burden or failure to account or pay such tax burdens when engaging with the services provided.

4.4 Overdue payment

Any failure to pay to the agreed upon payment schedule will allow Outright Web Marketing Solutions to cancel any subscription to their service or use of the platform.

4.5 Cancellation

You are solely responsible for organising cancellation of your service with Outright Web Marketing Solutions, who agree to assist in the process of cancellation at your command. You must provide reasonable organisation and assistance in cancelling any agreement.

5. Intellectual Property

The platform and its contents are the property of HighLevel, as outlined within their terms. Any utilisation of the service outside of this that is provided by Outright Web Marketing Solutions is the intellectual property of Outright Web Marketing Solutions.

6. Feedback

Feedback can be provided in a voluntary, non-confidential and gratuitous manner. Outright Web Marketing Solutions has no obligation to utilise feedback provided.

7. Disclaimers

OUTRIGHT WEB MARKETING SOLUTIONS PROVIDES NO WARRANTY OR PROTECTION OF ANY KIND IN UTILISATION OF THEIR SERVICES IN REGARD TO LOSS OF DATA OR DAMAGE TO SYSTEMS. IN AGREEING WITH THESE TERMS IT IS AT YOUR OWN DISCRETION AND RISK THAT YOU ARE SOLELY RESPONSIBLE FOR THESE THINGS. OUTRIGHT WEB MARKETING SOLUTIONS MAKES NO WARRANTY THAT THE PLATFORM AND ITS SERVICE WILL MEET THE NECESSARY REQUIREMENTS OF YOUR BUSINESS NOR THAT THE PLATFORM AND SERVICE WILL BE SECURE, UNINTERRUPTED, TIMELY OR ERROR FREE. YOU ACKNOWLEDGE THAT ANY USE OF OUTRIGHT MARKETING SOLUTION’S SERVICE COMES AT THE RISK OF POTENTIALLY INSECURE INTERNET AND TELECOMMUNICATION PROVIDERS. ACCORDINGLY, OUTRIGHT WEB MARKETING SOLUTIONS IS NOT LIABLE FOR ANY INTERCEPTION OR LOSS OF DATA TRANSFERRED VIA THE INTERNET OR TELECOMMUNICATION NETWORKS.

8. Limitation of liability and indemnification

In no event shall Outright Web Marketing Solutions be liable for any special, punitive, incidental, indirect, or consequential damages of any kind. Nor will Outright Web Marketing Solutions be liable for damages arising from malicious code, loss of data, loss of profits, whether or not occurring from services provided by Outright Web Marketing Solutions or the platform.

Outright Web Marketing Solutions will not be liable for any third-party services, and disruptions or losses eventuating from third-party services. Any use of third-party services comes with its own associated risks and their terms and conditions should be evaluated.

Any remedy and Outright Web Marketing Solutions entire liability, if any, for any claims arising out of these terms and your use of the platform or service shall be limited to the amount paid during the three months leading up to the event accruing liability.

Depending on the jurisdiction with which you reside, some of these exclusions of liability may not be applicable, please consult the relevant legislative sources and laws in your jurisdiction to determine this.

You agree to defend, indemnify, and hold Outright Web Marketing Solutions harmless against all claims, actions, proceedings, damages, liabilities losses, fees, costs, expenses or demands directly or indirectly arising from use of the platform or services provided. Claims include, but are not limited to:

i. Use of or reliance on information or data supplied to or for you by Outright Web Marketing Solutions.

ii. Any breach of the terms by you.

iii. Wrongful use of property and services

iv. Misrepresentations made by you, or the entity contracted with. This includes, but is not limited to, all directors, employees, owners and independent contractors.

v. Taxes and other fees.

vi. Any disputes between you and other clients, you and Outright Web Marketing Solutions, and you and your customers.

9. Limitations

Any cause of action or claim filed must be commenced within three (3) months after the event giving rise to such action. This is regardless of whether it was known at a later date or should have been known.

10. Injunctive relief

You agree that any breach of the terms may cause potentially irreparable injury to Outright Web Marketing Solutions for which Outright Web Marketing Solutions may seek monetary damages, or where relevant equitable relief.

11. Waiving of terms

No waiver by Outright Web Marketing Solutions of a breach of any of these terms shall be deemed to be a continuing waiver of such actions causing breach. Any failure of Outright Web Marketing Solutions to assert its rights and the provisions of these terms shall not constitute a waiving of such provisions or rights.

12. Termination

12.1 Termination by Outright Web Marketing Solutions

You agree that Outright Web Marketing Solutions at its sole discretion may suspend or terminate access to the platform or services for any reason, with or without notice. This is without liability of Outright Web Marketing Solutions and Outright Web Marketing Solutions will not cover any associated losses or damage from such termination.

12.2 Termination notice

Outright Web Marketing Solutions requires 30 days’ notice upon any termination request and any obligations or payments arising within those 30 days will still be payable upon them arising.

12.3 Force Majeure events

In addition to any excuse provided by applicable law, Outright Web Marketing Solutions shall be excused from liability for non-delivery/delay in providing services or access to the platform, which arises from an event beyond Outright Marketing Solutions’ reasonable control. These events include but are not limited to labour disturbances, war, fire, accident, adverse weather, inability to secure transportation, governmental acts or regulation, and other causes or events beyond reasonable control, regardless of their similarity to the aforementioned examples.

13. Relevant and applicable law

The laws of the State of Victoria, Australia, will govern these terms and conditions, and any disputes arising from these terms and conditions. Any claims arising from these terms shall be dealt exclusively through arbitration administered within Victoria, and all arbitration proceedings shall be held within Victoria. All litigation will occur on an individual basis, and by entering you waive your right to engage in a class action against Outright Web Marketing Solutions for any claims arising from these terms.

14. Communication

Any communication with Outright Web Marketing Solutions should occur exclusively through the provided contact information. For any feedback, comments, requests for support and other communications, contact Outright Web Marketing Solutions through the following mediums:

Mail: 8 Stanley St Black Rock VIC 3193

E-mail: outrightwebmarketingsolutions@gmail.com

15. Definitions

15.1

“Communication Surcharges” means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.

15.2

"Feedback” means ideas You provide to HighLevel regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other matters related to HighLevel’s business.

15.3

“Fees” means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.

15.4

"HighLevel Marks” means the HighLevel name and related logos and service marks of HighLevel.

15.5

“Information” means data about You and Your customers that HighLevel collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.

15.6

“Login Credentials” means the username and password used to access your Platform Account.

15.7

“Platform” means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through HighLevel’s website or mobile application.

15.8

“Platform Account” means the account you created in order to access and use the Platform.

15.9

“Platform Content” means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.

15.10

“Prohibited Conduct” means the behaviours described in Section 3.

15.11

“Services” means the variety of product integrations and services that HighLevel makes available on the Platform. Services may include Third Party Services.

15.12

“Sub-Account” means a subscription for one business under a Platform Account

15.13

“Third Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.

15.14

“Third Party Services” means any Services or other services owned and provided by a third-party vendor that HighLevel makes available to You as a Service on or through the Platform

15.15

“Training” means any training, information or suggested usages conveyed by HighLevel about the Platform.

15.16

“User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to HighLevel directly.

15.17

“You” or “you” or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.

16. Other notices

Any engagement with third parties should be done after reading their relevant terms and conditions. Outright Web Marketing Solutions provides software and platform from HighLevel Inc. High Level’s terms and conditions should be alongside these before engaging with Outright Web Marketing Solutions.