Terms of Service
Quicklink: Omni.Day Expert Affiliate Program Terms of Service
TERMS
These Terms of Service (“Terms”) govern your use of the Omni.Day service (the “Service” or “Omni.Day”) provided by OmniWork Group Ltd (the “Company”) and constitute a contract between you and the Company. These terms govern your access to and use of Omni.Day, and any content (video, sound, text, graphics, or other materials sent, received, stored, or otherwise appearing in the Service, collectively referred to as “Content”). Parts of the Service may display Content that is not Omni.Day’s (“User Content”). Such content is the sole responsibility of the person or entity that has made it available. When “Content” is used in this document, it refers to both content provided by Omni.Day and User Content collectively, unless otherwise specified.
By registering for, accessing and/or using Omni.Day and/or any part of the Service, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Omni.Day or any part of the Service. The materials contained in Omni.Day are protected by applicable copyright and trademark law.
OmniWork Group Ltd may revise these terms of service at any time without notice. By using Omni.Day you are agreeing to be bound by such revisions or modifications. You are responsible for reviewing these Terms periodically. Your continued use of the Services after the effective date of the change or modification of these Terms will constitute your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using your account before they take effect and inform Omni.Day (info@Omni.day) to delete your account, otherwise the use of the Service and Content will be subject to the new Terms.
AGE LIMITATIONS
You declare that by acceptance of these Terms and/or by using the Services you are at least 18 or older. You may not use Omni.Day and may not accept these Terms if you are a person barred from using Omni.Day or providing the Services under the laws of the country in which you are resident or from which you use Omni.Day.
SERVICE
Omni.Day offers a service that allows Clients to connect with and pay Experts for advice and personalised mentorship (“Expert Services”). Expert Services are not provided, delivered, owned, controlled, created, managed, or vetted by Omni.Day, and Experts are fully responsible for their content and Expert Services. All Expert Services transactions between the Expert and the Client are limited to these two parties, Omni.Day is not a party in the transaction between Experts and Clients (collectively “Users”) and is not acting as an agent to any party, except for capturing Service Fees. Omni.Day does not have any control over and does not endorse any Expert Services.
Omni.Day account enables you to use the Service as an Expert, to provide Expert Services, or as a Client, to seek Expert Services. Omni.Day does not vet, verify, or endorse any Users, their identity, truthfulness or trustworthiness, or any content or information uploaded or created by Users (“User Content”).
You declare that by using Omni.Day you agree that any part of the Service can be changed, modified, or discontinued without notice and for any reason, without liability for any kind to Omni.Day.
CONTENT
For any content you upload, submit, or post through Omni.Day, you retain your rights. You agree and acknowledge that Omni.Day may use any content created on Omni.Day in any way Omni.Day seems fit, at its sole discretion.
You are responsible for any information, data, video, audio, graphics, links, text, or content you upload to Omni.Day, and for its compliance to the law and these Terms. As an Expert, you are solely and fully responsible for providing Expert Services to Clients.
We do not endorse any content expressed via the Service. We do not guarantee its accuracy, reliability, or truthfulness. Omni.Day will not be liable for any User Content, or any damage caused using User Content created, uploaded, displayed, or distributed via Omni.Day. You understand and agree that by using Omni.Day you might be exposed to content that might be inaccurate, offensive, mislabelled or in any other way inappropriate.
We reserve the right to access, read, edit, remove or disclose any content as we determine necessary to comply with any applicable regulation, law, or legal process, investigate any potential violations or enforce these Terms, investigate and address any security or technical issues, address fraud, answer user support inquiries, or protect our, our user, or public safety, to protect our rights and property. Omni.Day reserves the right to remove or restrict access to any content that is not accurate, contains unauthorized disclosure of personal information, violates these terms or any applicable law.
Other Prohibited Content includes, without limitation:
– Any content that infringes or violates intellectual property rights of any third party
– Any content that is offensive, such as content that harms minors in any way, includes or links to child pornography, racist, bigoted, discriminatory, hateful, libellous, violent, harassing, or otherwise objectionable or obscene content.
– Any content that solicits passwords or any other personal data from Omni.Day or the users.
– Any content that includes or links to pornographic or sexually explicit material.
– Any content that includes unauthorised advertising, spam, or any other form of solicitation.
– Any content that includes computer code, viruses, files or programs that could harm, disrupt, or limit any computer software or hardware.
You shall not use Omni.Day in any way for sharing, posting, uploading, or making available in any other way any Prohibited Content. You shall not use Omni.Day for any unlawful activities not otherwise mentioned in these Terms. You shall not impersonate anyone else when using Omni.Day or engaging in any of its Services.
You agree that any content you upload to Omni.Day follows any applicable law, including but not limited to data protection laws and privacy laws.
LICENSE
Omni.Day grants you a personal, non-commercial, royalty-free license to use Omni.Day in accordance with these Terms. Under this license you may not use Omni.Day to:
– Access, attempt to reverse engineer, or breach any software or internal computer systems contained in Omni.Day including any subcontracted services.
– Modify, copy, remove any copyright, or create derivative works of any materials or content made available via Omni.Day.
– Use the Service for any commercial purpose, redistribute, resell, sublicense, or in any way transfer rights to any part of Omni.Day.
Omni.Day reserves the right to automatically terminate this license if you violate any of these restrictions at any time.
YOUR SUBSCRIPTION AND TRANSACTION FEES
You can sign up to Omni.Day on a free or paid subscription plan and you may also cancel your subscription at any time.
Your subscription to the paid service will commence upon your acceptance of these terms and will remain in effect until you cancel it. If you cancel a paid subscription, it will continue until the end of the current billing cycle and then automatically convert to a free subscription.
To cancel your subscription, visit the billing page in your account. In accordance with applicable law, payments for the service are non-refundable. However, if you have recently signed up for a paid subscription and wish to cancel within 72 hours of enrolment, you may request an exception by emailing us at info@Omni.day.
If you have chosen to cancel your subscription and wish to permanently delete your account, you may do so by emailing us at info@Omni.day from the email address registered to your account. Please be aware that if you delete your account, you will not be able to reactivate it or retrieve any content or information that you have added to your profile. Additionally, your unique profile URL will become available for other users to claim.
Our fees
You are required to pay all subscription fees when they become due. Any transaction fees or processing fees for using the service will be automatically deducted from the proceeds of any transactions made on your profile. If you have selected a paid subscription plan, you must pay the applicable subscription fees when they are due. Unless otherwise stated, fees are in USD and include any applicable transactional taxes (such as GST/VAT).
You must provide a valid payment method (such as a credit card) and accurate billing information when you enrol in the service. By doing so, you authorise us to charge all applicable fees to the designated payment method. If automatic billing is unsuccessful, we will issue you an online invoice which you must pay within the time specified. If payment is not received within the specified time, your account may be suspended or terminated.
Transaction fees for using the service may apply to all transactions made on your profile. The percentage of transaction fees may vary depending on your subscription plan and will be outlined on our pricing page (https://Omni.day/pricing).
You agree that if transaction fees are applicable, they will be deducted from the proceeds of your transaction before they are received. You are responsible for paying any external fees and taxes (including withholding taxes) that may be applicable as well as any income taxes associated with payments you receive through the platform.
We reserve the right to change our subscription or transaction fees at any time, but we will provide you with advance notice of any such changes (and will aim to do so at least one month in advance). If you do not agree to the revised fees, you may cancel your subscription before the start of your next billing cycle.
Omni.Day uses Stripe Inc. (“Stripe”) for payment processing and storing of credit card information, which are subject to Stripe Services Agreement. By using Omni.Day and agreeing to these terms, you agree to be bound by the Stripe Services Agreement. Stripe Services Agreement may be amended by Stripe from time to time.
By using Omni.Day and agreeing to these terms and conditions, you agree to provide Omni.Day accurate and complete information about your business, and authorise Omni.Day to share this information and any information related to transactions and your use of Stripe payment processing services with Stripe. Each party is responsible for paying any taxes, duties, or fees for which such party is legally responsible.
Transaction Fees are collected by Stripe on behalf of Omni.Day. Transaction Fees are deducted before the pay out is made to the Expert. Transaction Fees are non-refundable. Experts receive their pay-outs within 7 days of the completion of a Meeting or Question on Omni.Day.
PRIVACY AND PERSONAL DATA
By using Omni.Day you agree to receive communication from Omni.Day via email, SMS, or other. Such communication includes but is not limited to administrative messages and announcements, reminders, updates, and other information about the Service. It may include promotional material.
CLIENT REFUNDS
Refunds may be granted to Clients upon sending a detailed description of the reason for the refund sent to info@Omni.day, within 7 days of payment date. Each refund request shall be evaluated by Omni.Day and its validity determined on a case-by-case basis.
You agree that Omni.Day can deduct the refund from the Expert’s pay out and seek to recover the money on behalf of the Client if that is not possible.
WARRANTY
Omni.Day does not guarantee that the Service will be free from errors, security vulnerabilities, defects, or that the Service will run without interruptions. You agree to use Omni.Day at your own risk and acknowledge that Omni.Day does not provide any warranty. You acknowledge that Omni.Day does not guarantee security of the Service or communications done via the Service, and that the risks associated with it are at your own responsibility.
Omni.Day will not be liable for any loss or damages (including, but not limited to incidental, consequential, or indirect damages, loss of business profits or opportunities, loss of information or data) under any legal theory, or arising, without limitations, out of contract, negligence, tort, warranty, or otherwise.
TERMINATION
You may contact us at info@Omni.day in order to stop using Omni.Day and delete your account, and you can do it at any time. Omni.Day reserves the right to terminate your account and these Terms at any time and with immediate effect. You agree that Omni.Day does not need to provide you with a notice before terminating your account. From the moment of termination, you shall have no further right to use the Service or any content in it. Omni.Day shall not be liable to any compensation, refunds, reimbursements, or compensation of expected returns upon termination of the account. You shall not be entitled to any refunds if you breach these terms.
INTELLECTUAL PROPERTY RIGHTS
Omni.Day is the exclusive owner of any rights related to the Service. All the content related to the Service is protected by copyright intellectual property rights globally. You acknowledge that you are not granted any intellectual property rights in the Service or in the content owned by the Service.
MORE INFORMATION
If you have any further questions, or need to contact Omni.Day, you can do so via info@Omni.day
OMNI.DAY EXPERT AFFILIATE PROGRAM
By clicking the “I agree” button or a similar option when you sign up for the Omni.Day Affiliate Program or participate in any related activities, you are bound by this Affiliate Program Agreement. This agreement is between you as the Affiliate (“You” or “Affiliate”), and OmniWork Group Ltd. Both parties may be referred to as “Party” and together as “Parties”. Omni.Day reserves the right to change this agreement as they see fit and will post updates on their website (usually https://Omni.day/terms-of-service). It is advised that you periodically check this agreement for any updates that may affect you. By participating in the Affiliate Program, you are accepting all the terms and conditions outlined in this agreement as well as any of Omni.Day’s other policies such as their terms of service and privacy policy.
RESPONSIBILITIES
1. The Affiliate will be responsible for any expenses or costs related to their marketing or promotion of Omni.Day or any products or services associated with their participation in the Affiliate Program unless Omni.Day decides otherwise at their sole discretion.
2. The Affiliate will not engage in any Affiliate marketing activities that are not outlined in this Agreement. When conducting marketing activities, the Affiliate will adhere to all relevant laws, rules, regulations, and guidelines, including those related to email marketing and anti-spam laws.
3. Specifically, the Affiliate will not send emails about Omni.Day to anyone who has not requested the information. They will always include their own contact information and an option to unsubscribe in emails about Omni.Day. They will also not imply that the emails are being sent on behalf of Omni.Day.
4. An Affiliate will not engage in any offline marketing methods, such as fax, broadcast, or telemarketing, in relation to Omni.Day. They will also not use any aggressive advertising or marketing methods, malware, or spyware, in relation to Omni.Day. They will not make any false, misleading, or disparaging statements or representations about Omni.Day, will not solicit any of Omni.Day’s customers to leave, will not copy or resemble the look and feel of Omni.Day’s websites, trademarks, or services, or otherwise misrepresent their affiliation with Omni.Day. Additionally, they will not engage in any other practices that may harm the reputation of Omni.Day, such as using aggressive or low-quality marketing, promoting inappropriate content, or violating any intellectual property rights.
5. Anything that an Affiliate communicates in marketing or advertising any Omni.Day product, service, or opportunity must be truthful and accurate. They are prohibited from making any false or fraudulent claims regarding any Omni.Day product, service, or opportunity. They may not claim any government, person, or entity endorses or supports Omni.Day and are not permitted to use any other person’s or entity’s intellectual property in advertising any Omni.Day product, service, or opportunity. They must also comply with all Omni.Day’s policies.
6. Affiliate will adhere to the highest industry standards and comply with all relevant laws, rules, and regulations while fulfilling its obligations under this Agreement.
PROHIBITED ACTIVITIES
1. Advertising Omni.Day on coupon, deal, or discount websites, GTP/Get Paid to Click sites, or displaying offer codes on publicly accessible pages or through “click to display” options is prohibited for the Affiliate.
2. Using links for pay-per-click advertising is not allowed for the Affiliate.
3. Purchasing search engine or pay-per-click keywords, trademarks or domain names using Omni.Day trademarks, variations or misspellings that may be deceptively or confusingly similar is not permitted for the Affiliate.
4. Joining or creating third-party networks or sub-affiliate networks without written consent from Omni.Day is prohibited for the Affiliate.
5. Delivering fraudulent traffic through means such as bots or toolbar traffic, cookie stuffing, or false or misleading links is not allowed, and the Affiliate will not encourage such practices.
6. Direct linking to any page on any Omni.Day website without prior written permission from Omni.Day is prohibited for the Affiliate.
7. Concealing referral sites or using misleading redirecting links is not permitted for the Affiliate.
8. The Affiliate will not speak negatively about the products or services of any other person or entity, including but not limited to the products or services of a competitor of Omni.Day, any other customer or Affiliate of Omni.Day, or Omni.Day itself.
DISCLOSURE
1. The Federal Trade Commission in the United States has guidelines for regulating endorsements and testimonials, designed to increase transparency for consumers. As a member of the Affiliate Program with Omni.Day, Affiliate receives compensation for referrals made to Omni.Day. This may create a “material connection” according to the FTC rules and requires Affiliate to disclose this information to consumers.
2. To fully comply with these guidelines, among other things, (a) Affiliate must disclose prominently that they are receiving compensation for referrals to Omni.Day, and (b) Affiliate must not engage in misleading or deceptive advertising. For more details on these guidelines, Affiliate should refer to the FTC statement on these guidelines.
AFFILIATE FEES
Once you sign up for Omni.Day, you will be given an Affiliate URL that you will use to promote Omni.Day. When a person (a “Prospect”) clicks on that URL, a cookie (or similar tracking technology) will be placed in the Prospect’s browser. For an account to be linked to your Affiliate account, a Prospect must use your affiliate link directly.
If the Prospect creates a Omni.Day account by using your Affiliate URL and upgrades to a paid Omni.Day plan (such as Omni.Day Pro), the cookie on the Prospect’s browser, corresponding to your unique URL, will register an “Upgrade”, and each such account is referred to as an “Upgraded Account” of a “Referred User”. If multiple Affiliates have referred a Prospect, the most recently acquired Cookie will determine which Affiliate will be credited with the Reward or an Upgrade.
1. If a Referred User earns $50.00 USD equivalent is worth of cumulative sales via their Omni.Day page (using Omni.Day products and Omni.Day checkout with a valid Omni.Day connected Stripe account) while adhering to Omni.Day Policies, Affiliate will qualify for a $50.00 USD reward (“Reward”). You are limited to one Reward for each Referred User; in other words, additional/repeat sales made by a Referred User do not qualify the Affiliate for additional Rewards. We reserve the right to recover any Referral Rewards if there is a dispute on the sales of the Referred User.
If any payments on Referred User’s account results in a refund or charge-back, and a Reward was paid to You for that qualifying Referred User, the applicable Reward will be deducted from any future . If Omni.Day in its discretion determines that Referred User’s revenue or Affiliate’s Reward was obtained fraudulently or as a result of a breach of this Agreement, no Reward will be paid to You, or if such violation or fraud is discovered after payment, such amounts shall be deducted from any future Rewards or Upgrade Fees (as defined below). Additionally, if a Referred User requests to be removed from being accounted for as Your Referred User or Upgraded Account, you will no longer be entitled to receive any Rewards or Upgrade Fees.
2. If the Affiliate adheres to the terms of this Agreement, they will be entitled to a referral fee for each Upgraded Account that makes a payment to Omni.Day on a monthly or annual basis. The referral fee will be 20% the Pro subscription fees received by Omni.Day for an Upgraded Account (referred to as “Upgrade Fees”).
Upgrade Fees will only be paid for transactions that take place between Omni.Day and a Referred User. If the transaction does not actually occur or if Omni.Day does not receive payment for an Upgraded Account, Affiliate will not receive a Referral Fee for the transaction. Furthermore, if a referral does not link or attach to Your Affiliate account within 30 days of subscribing to Omni.Day’s services, You will not be entitled to any Referral Fees from such referral.
If an Upgraded Account payment results in a refund or charge-back, and a Referral Fee was paid to You for that Upgraded Account payment, the applicable Upgrade Fee will be deducted from any future Upgrade Fees or Rewards. If Omni.Day in its discretion determines that an Upgrade was obtained fraudulently or as a result of a breach of this Agreement, no Upgrade Fees will be paid to You for such Upgrade, or if such violation or fraud is discovered after payment, such amounts shall be deducted from any future Upgrade Fees. Additionally, if a referral requests to be removed from being accounted for as Your Upgrade, You will no longer be entitled to receive any Referral Fees.
No Upgrade Fees or Rewards shall be given for any Upgraded Account that is associated with the relevant Affiliate.
Affiliate will not receive any Referral Fees for payments that they make to their own Account(s). It is not permissible for Affiliate to open an Omni.Day account under the name of another person or entity, or under a false name. Furthermore, Affiliate is not allowed to open an Omni.Day account for the sole purpose of obtaining Referral Fees or any other type of compensation, including incentives or prizes. Affiliate may not pay for someone else’s account. Additionally, Affiliate is prohibited from referring itself or any affiliated business.
Affiliate is not permitted to offer cash rebates or other forms of financial incentives to current or potential Sales. If this paragraph is violated, it shall be considered a substantial breach of this Agreement, and Affiliate agrees to repay Omni.Day all Referral Fees earned due to this violation.
Rewards and Upgrade Fees will be paid on the last day of each month, following the receipt of payments by Omni.Day.
ELIGIBILITY
1. To participate as an affiliate, you must have an active Omni.Day Expert account.
2. To receive payment for referral fees, you must have an active Stripe account linked to your Omni.Day account. This is the only method in which Omni.Day will pay referral fees. If you don’t currently have a Stripe account, you can sign up through the following link:https://Omni.day/app/settings/payments. If you are not eligible for Stripe account due to various Stripe limitations for different geographies, risk profiles, or otherwise, you are not permitted to participate in the Affiliate Program.
3. If the Affiliate is an individual, the Affiliate must be at least 18 years old4. The Affiliate confirms that they are becoming an affiliate for business purposes and not for personal, household, or family reasons.
5. To become an Affiliate, Affiliate must create a Omni.Day Account by providing all information indicated as required. Omni.Day may reject someone from participating in Affiliate Program for any reason, in its sole discretion. Omni.Day will use the email address provided by Affiliate during signup to Omni.Day as the primary method for communication. Affiliate is responsible for keeping its Omni.Day Account password secure. Omni.Day cannot and will not be liable for any loss or damage arising from Affiliate’s failure to maintain the security of the Omni.Day Account and password.
6. Affiliate acknowledges and agrees that Affiliate will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Affiliate.
7. Affiliate will promptly inform Omni.Day of any information known to Affiliate that could reasonably lead to a claim, demand or liability of or against Omni.Day by any third party.
8. Affiliate acknowledges and agrees that Omni.Day may modify this Agreement at any time by posting the updated and revised Affiliate Program Agreement on its website https://Omni.day/terms-of-service, and these amendments will become effective on the date of posting. Affiliate’s continued participation in the Omni.Day Affiliate Program after the updated Agreement is posted on the website constitutes Affiliate’s acceptance of the revised Agreement. If Affiliate does not agree to the changes in the Agreement, Affiliate must terminate the Agreement by discontinuing participation in the Omni.Day Affiliate Program.
9. Affiliate acknowledges and agrees that their participation in the Omni.Day Affiliate Program, including the information transmitted to or stored by Omni.Day, is subject to the Omni.Day Policies available on the website https://Omni.day/terms-of-service.
10. If Affiliate’s recruitment efforts include claims about potential income a Omni.Day customer can make, or if Affiliate references their own income or lifestyle opportunities due to Omni.Day, Affiliate must comply with the following guidelines: (a) Affiliate’s statements must be completely true and accurate and supported by evidence; (b) Affiliate must clearly label hypothetical scenarios as such.
NO SPAM
You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner, and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Omni.Day Affiliate Program.
TAXES AND REPRESENTATIONS
1. Affiliate hereby attests and guarantees to Company that they are carrying out an independent business venture, and that they have fulfilled all business prerequisites needed to manage Affiliate’s business, if any, such as permitting, taxation and other business functioning demands.
2. You are obligated to account for any and all tax liabilities, including but not limited to income taxes linked to the Referral Fees You receive from Omni.Day. If You are not a U.S. resident, Omni.Day may be required to withhold taxes (including VAT) according to applicable law. In such a case, Omni.Day will document the withholding.
RIGHT TO CLOSE ACCOUNTS AND AFFILIATE PROGRAM PARTICIPATION
Omni.Day reserves the right to close the account(s) of any Affiliate and/or Referred User and to request proper payment if the Affiliate and/or Referred User attempts to use the Omni.Day Affiliate Program in a questionable manner or breaches any of these Terms of Service or is in violation of any law, statute or governmental regulation.
Unless stated otherwise in the Agreement, either Party may end this Agreement at any time, with or without reason, upon giving notice to the other Party.
If Omni.Day determines that Affiliate has engaged in fraudulent or other unacceptable behaviour, including breaking this Agreement or any Omni.Day Policies, Omni.Day may take one or more of the following actions:
1. Terminate the entire affiliation and all services provided to the Affiliate
2. Suspend some or all of the Affiliate’s rights under the Program; and/or
3. Terminate the Affiliate’s Omni.Day account without notice and without recourse, resulting in the forfeiture of any Referral Fees owed to the Affiliate, both as of the date of termination and those that accrue afterwards.
Should either side cancel or suspend your Omni.Day account, your participation in the Affiliate Program will automatically be terminated and you will no longer be eligible for any additional Referral Fees. If you later activate a Omni.Day customer account, you are allowed to receive Referral Fees for any new Upgraded Accounts. It should be noted that all Referral Fees from Upgraded Accounts prior to the termination will be forfeited.
In the case of any violation or potential violation by Affiliate of any stipulation in this Agreement, Omni.Day will have the privilege to
1. promptly bar all such activities, without needing to prove harm or presenting bond or other security;
2. instantly end this Agreement and Affiliate’s access to the Affiliate Program;
3. get a fast payback of all sums paid to Affiliate under this Agreement;
4. be indemnified for any misfortunes, harms or obligation brought about by Omni.Day regarding such infringement.
USAGE GUIDELINES
You must clearly and in full show the following disclaimer in any website, social media page, email, or any other form of communication or media you use: I am not an employee, agent, or representative of OmniWork Group Ltd., nor does Omni.Day in any way endorse my products or services. I am an individual Omni.Day Affiliate and receive commission payments from Omni.Day in this function. Any thoughts I express here are my own and do not constitute official statements of Omni.Day or any other related entity.
RIGHT TO CANCEL PROGRAM OR CHANGE RIGHTS
Omni.Day reserves the right to cancel our Expert Affiliate Program or to change these Terms of Service at any time in its sole discretion. Any unclaimed referral rewards can be forfeited at that time.
Omni.Day reserves the right to change this Agreement including any associated Policies at any time by posting an updated version on the Omni.Day website or notifying Affiliate. Affiliate’s continued participation in the Affiliate Program after the effective date of any modifications to this Agreement binds them to the new terms. It is the Affiliate’s responsibility to regularly check the Omni.Day website for any modifications to this Agreement.
LIMITATIONS OF LIABILITY
Omni.Day shall not be held accountable for any damages resulting from the Omni.Day Affiliate Program, Omni.Day products and services, Omni.Day Trademarks, Omni.Day Materials, or their responsibilities under this Agreement. This includes any direct, indirect, incidental, special, consequential, or exemplary damages, such as those pertaining to losses of profits, goodwill, data, or any other intangible losses. Even if Omni.Day was warned that such damages may occur, they cannot be held liable. The extent of Omni.Day’s liability to the Affiliate shall be limited to the Referral Fees paid to the Affiliate by Omni.Day within the six (3) months prior to the event prompting the claim for damages. This applies to all cases, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts. The limitations will be honoured to the fullest extent allowed by applicable law.
SEVERABILITY
If any section of this Agreement is found to be invalid, illegal, or unenforceable for any reason, the rest of the Agreement will remain valid and will be interpreted as if the invalid, illegal, or unenforceable portion was never included.
OMNI.DAY’S RIGHT TO MONITOR
Omni.Day reserves the right to observe or investigate any Affiliate website and Your use of Omni.Day’s products or services at any time to verify adherence to this Agreement or the Omni.Day Policies, though we are not obligated to do so. Our final judgement as to whether a violation of these terms has taken place will be binding, and any action taken to enforce this Agreement or any other terms, including no action at all, is solely our decision.
NON-EXCLUSIVITY
No provision in this Agreement is meant to construct, or will be interpreted as constructing, any exclusivity between the Parties. This Agreement will not prevent either Party from making similar arrangements with other individuals or entities, as long as it does not break its commitments under this Agreement, including prohibiting any breach of confidentiality.
