Online Model Academy – Terms & Conditions
Last updated: 24 April 2025These Terms & Conditions ("Terms") form a binding agreement between Online Model Academy ("OMA", "we", "us", "our")—a business of Notable Co Pty Ltd (ACN 670 270 523), headquartered at 85 William St, Darlinghurst NSW 2010, Australia—and any person ("you", "your", "User") who accesses or uses the website www.onlinemodelacademy.com or any related courses, memberships, apps, social-media spaces, or services we provide (collectively, the "Services").
By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not accept every part of these Terms, do not use the Services.
1. Definitions
Account – a unique profile created when you register with the Services.
Content – all material published or made available on the Services, including text, graphics, video, audio, photographs, software, data, and User submissions.
Course – any online class, module, pathway, workshop, or other learning product delivered by OMA.
Membership – any subscription or recurring-payment plan that grants ongoing access to Courses or community benefits.
User Content – any content that a User uploads, posts, transmits, or otherwise makes available via the Services.
2. Eligibility
You must be at least 16 years old (or the age of majority in your jurisdiction) and capable of forming legally binding contracts. If you are under 18, you represent that you have obtained consent from a parent or guardian.
You warrant that you are not barred from receiving Services under any applicable laws.
3. Account Registration & Security
You must provide accurate, current, and complete information during registration and keep your Account updated.
You are responsible for safeguarding your login credentials and for all activities that occur under your Account.
You must notify us immediately of any unauthorised use or security breach. We are not liable for losses caused by your failure to comply with this clause.
4. Course Enrolment, Memberships & Payments
Prices are displayed in Australian Dollars (AUD) unless stated otherwise and include GST where applicable.
You authorise us (and any third-party payment processor) to charge your selected payment method for all fees when due.
7-Day Money-Back Guarantee – You may request a full refund within seven (7) calendar days of purchase provided you have not accessed any video lessons or downloadable course content. Once any course content is streamed or downloaded, the purchase becomes non-refundable except as required under Australian Consumer Law (ACL) or other mandatory consumer-protection statutes in your country of residence.
Market-Specific Refunds – Local laws and platform policies (e.g., Apple/Google in-app purchases) may grant you additional refund rights beyond our standard 7-day guarantee. Please email [email protected] before purchase—or within the guarantee window—to confirm the refund terms that apply in your market.
If you choose a Membership or payment plan, you agree to recurring billing until cancelled in accordance with Section 11.
Failure to pay may result in suspension or termination of access.
5. Affiliate & Referral Programme
OMA may offer affiliate or referral schemes that enable Users to earn commission for successful referrals.
Participation is subject to any additional programme terms. Fraudulent, deceptive, or unethical conduct will result in loss of commissions and possible termination.
6. Intellectual Property
The Services and all OMA Content are protected by copyright, trade-mark, and other intellectual-property laws. Except for the limited licence granted below, no right, title, or interest is transferred to you.
Licence to You – Subject to these Terms, OMA grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for personal, non-commercial learning purposes.
Restrictions – You must not reproduce, distribute, modify, display, perform, publish, create derivative works from, or exploit any part of the Services without our prior written consent.
7. User Content
You retain ownership of User Content but grant OMA a worldwide, royalty-free, perpetual, irrevocable, sub-licensable licence to use, reproduce, adapt, publish, translate, distribute, and display such content in any media for the purpose of operating, promoting, and improving the Services.
You represent that you have all necessary rights to grant this licence and that your User Content does not infringe any third-party rights or violate any law.
We may remove or disable User Content at our sole discretion.
8. Community Code of Conduct
Users must:
- Treat instructors, staff, and other students with respect and professionalism.
- Avoid harassment, discriminatory or abusive language, and the sharing of explicit or illegal material.
- Not impersonate another person or misrepresent affiliation with OMA.
- Not scrape, crawl, or harvest data, or introduce malware.
Violations may lead to immediate suspension or termination without refund.
9. Prohibited Uses
You agree not to use the Services:
- For any unlawful, fraudulent, or malicious purpose.
- To violate or encourage others to violate any laws, regulations, or third-party rights.
- To upload viruses or harmful code.
- To copy, sell, or exploit Courses or Content for commercial purposes without permission.
10. Third-Party Content & Links
The Services may contain links to, or integrations with, third-party websites, services, or resources that are not owned or controlled by OMA. We are not responsible for those external resources and your use of them is at your own risk.
11. Cancellation, Refunds & Termination
You may cancel a Membership at any time via your Account settings; cancellation takes effect at the end of the current billing cycle.
Refund requests must comply with the 7-Day Money-Back Guarantee outlined in Section 4.3.
We may suspend or terminate your access immediately if you breach these Terms or we are required to do so by law.
12. Disclaimer of Warranties
The Services are provided “as is” and “as available.” To the maximum extent permitted by law, OMA disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.
13. Limitation of Liability
Nothing in these Terms excludes or limits rights under the ACL that cannot be excluded. Subject to those non-excludable rights, OMA will not be liable for any indirect, incidental, consequential, special, or punitive damages or loss of profits, revenue, data, or goodwill arising out of or related to the Services, even if advised of the possibility. Our aggregate liability will not exceed the greater of AUD 100 or the fees you paid to OMA in the six (6) months preceding the claim.
14. Indemnification
You agree to indemnify, defend, and hold harmless OMA, its directors, employees, contractors, and affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your User Content; or (c) your breach of these Terms or any applicable law.
15. Modifications to Services & Terms
We may modify or discontinue any aspect of the Services at any time. We may also amend these Terms by posting an updated version on this page. Changes take effect upon posting, and continued use of the Services constitutes acceptance.
16. Governing Law, Jurisdiction & Global Application
The Services are controlled and operated from Australia, but we welcome Users worldwide. These Terms will be interpreted in accordance with the laws of New South Wales and the Commonwealth of Australia unless mandatory consumer-protection laws in your country of habitual residence require otherwise.
Primary Venue – You agree to the exclusive jurisdiction of the courts of New South Wales for any dispute that we cannot resolve amicably.
Local Mandatory Rights – Nothing in these Terms limits your non-waivable rights under the laws of your own jurisdiction. Where such rights apply, you may bring claims in your local courts and rely on local consumer law to the extent required.
Cross-Border Enforcement – We reserve the right to seek injunctive or equitable relief in any competent court worldwide to protect our intellectual property or Confidential Information.
17. Dispute Resolution
Before commencing formal proceedings, you agree to contact us at [email protected] to attempt good-faith resolution. If unresolved within 30 days, either party may pursue litigation in the jurisdiction stated above.
18. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.
19. Entire Agreement
These Terms, together with the Privacy Policy and any additional programme-specific terms, constitute the entire agreement between you and OMA regarding the Services and supersede all prior agreements or understandings.
20. Marketing Communications & Opt-In
When you create an Account, join a Membership, download a free resource, or purchase a Course, you automatically opt-in to receive marketing communications from OMA via email, SMS, push notifications, and social-platform tools. These messages may include updates about new modules, promotional offers, events, affiliate opportunities, and partner products we believe are relevant to aspiring models.
You can opt-out of marketing communications at any time by clicking the unsubscribe link in an email, replying STOP to an SMS, or adjusting your notification preferences inside your Account dashboard. Opt-out requests are processed within five (5) business days. Transactional or service-related messages (e.g., password resets, purchase confirmations, critical service notices) will still be sent as they are necessary to deliver the Services.
21. Contact Us
For questions about these Terms, please email [email protected] or write to:
Online Model Academy
Notable Co Pty Ltd (ACN 670 270 523)
85 William St
Darlinghurst NSW 2010
Australia
© 2025 Notable Co Pty Ltd – All Rights Reserved.
