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OM Ltd. Terms and Conditions

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Thank you for agreeing to be part of the OM platform. This document outlines the terms and conditions governing your services on the OM Platform.​

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1. Definitions

  • "OM Platform" means the online platform operated by OM, including but not limited to the OM Health Hub www.omhealthhub.com.

  • "OM Health Hub" means the online platform and apps www.omhealthhub.com.

  • "Services" means the provision of Sessions by Experts on the OM Platform.

  • "Session(s)" means the recorded or live video sessions provided by Experts on the OM Platform.

  • "Expert" means the individual providing Services on the OM Platform.

  • "User" means an individual who accesses or uses the OM Platform.

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2. Status

2.1 You will be an independent contractor, and nothing in this agreement shall render you our employee, worker, agent, or partner, and you shall not hold yourself out as such.

 

2.2 OM acknowledges that you have another business, trade, profession, or other occupation, and that the Services are an adjunct to this other occupation. As part of your Services with OM, from time to time, Users may wish to engage your services in your other occupation. OM will not be involved in such consultation.

 

2.3 You shall be fully responsible for and indemnify us against any liability, assessment, or claim for:

  • (a) Taxation, howsoever arising from or made in connection with the performance of the Services, where such recovery is not prohibited by law; and

  • (b) Any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against us arising out of or in connection with the provision of the Services, except where such claim is a result of any act or omission by us. We may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to you.

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3. Intellectual Property

3.1 OM agrees that the information provided in the Sessions is your sole intellectual property; however, you have granted OM a non-exclusive license to use this information on the OM Platform during the term of the agreement.

 

3.2 OM also agrees that all content relevant to your Session(s) on the OM Platform remains your intellectual property, and OM has no claim to such intellectual property.

 

3.3 All documents, manuals, hardware, and software provided for your use by us, and any data or documents (including copies) produced, maintained, or stored on our computer systems or other electronic equipment remain our property. However, OM agrees that it holds no claim over the information shared by you with the Users nor the intellectual property of any articles or papers provided to OM by you.

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4. Services

4.1 OM will require recorded video Session(s) provided by you for streaming purposes or to be presented by you to OM Users during live events (online or offline).

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4.2 For the Sessions, OM will agree on the topic to be discussed in the sessions with you. While OM will have final approval over the topic, the information provided in the Sessions on that topic will be at your discretion.

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4.3 During the Sessions (recorded or live), you have the right to control the discourse as you deem appropriate, but you shall not engage in the diagnosis of any medical conditions or the prescription of medications.

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4.4 OM is responsible for editing the recorded video, after which we will send it to you for revisions and approval.

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4.5 OM understands that the content of your Session might need to be revised or updated regularly. You have the right to modify or request revisions at any point during the term of this agreement.

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4.6 For requests of live events (online or offline), OM will coordinate with you on the time and date for the event. You are under no obligation to provide a set number of live events.

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4.7 You acknowledge that in entering into this agreement with you, OM has relied upon your representations as to your qualifications, experience, and ability to enter into this agreement. Should any such representations be false or misleading, OM has the right to terminate this agreement immediately. You also agree that you hold and will continue to hold the necessary professional qualifications during the term of this agreement and will notify OM if there are any material changes to your qualifications at any stage.

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4.8 You have no authority (and shall not hold yourself out as having authority) to bind OM unless OM has specifically permitted this in writing in advance.

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5. Fees

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5.1 Revenue Share from OM Health Hub

All Experts who have a Session available on the OM Health Hub will be entitled to a share of 20% of the total revenue generated by the OM Health Hub. This 20% revenue pool will be distributed among all Experts, based on an equitable allocation determined by OM. The allocation methodology may be subject to change, but OM will ensure transparency in the calculation and distribution process.

  • 5.1.1 The revenue share is calculated monthly and will be distributed to Experts within 15 business days of the end of each month.

  • 5.1.2 OM will provide regular accounting reports that detail how the revenue share is calculated and Experts' individual portions.

  • 5.1.3 Payments will be made in the currency specified in the Expert’s "OM Expert Profile" form, via bank transfer or another mutually agreed-upon payment method.

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5.2 Promotional Code and Commission

Each Expert will be provided with a unique promotional code that they can share with their audience. This code will offer the audience one (1) month of free access to the OM Health Hub.

  • 5.2.1 Experts will earn a 10% commission on any sales or subscription revenue generated through the use of their unique promotional code.

  • 5.2.2 Commission from sales and subscriptions via the code is calculated monthly and will be added to the Expert's regular revenue share payment.

  • 5.2.3 OM will track and report all sales and subscriptions generated via the promotional code and provide this information to the Expert on a monthly basis.

  • 5.2.4 Commission payments will be made in the currency specified in the Expert’s "OM Expert Profile" form and will be included in the monthly payment cycle.

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5.3 Individual Sales of Expert's Own Sessions

In addition to the overall revenue share, Experts will also be entitled to 20% of the individual sales of their own Session(s) featured on the OM Health Hub.

  • 5.3.1 This applies to any one-time purchases or rentals of the Expert's Session(s) made by Users on the OM Health Hub.

  • 5.3.2 Payments from individual sales will be calculated and disbursed monthly along with the general revenue share and commission from promotional codes.

  • 5.3.3 OM will provide detailed reports of individual session sales, ensuring transparency in how the 20% share is calculated.

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5.4 Sales from Expert’s Own Platform

Should an Expert choose to feature their Session(s) on their own platform (e.g., personal website, app, or blog), they will be entitled to 70% of the sales revenue generated from those sales.

  • 5.4.1 OM will provide the necessary tools (e.g., embed codes, links) for Experts to feature their Sessions on their own platforms.

  • 5.4.2 The Expert will be responsible for promoting their own platform and driving traffic to their hosted Session(s).

  • 5.4.3 OM will track and report sales that originate from the Expert’s platform, and the 70% share will be calculated and paid monthly.

  • 5.4.4 Payments for sales from the Expert’s own platform will be made in the currency specified in the Expert’s "OM Expert Profile" form.

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5.5 Sales of Other Sessions via Expert's Platform

If an Expert chooses to feature Sessions that are not their own on their platform, they will be entitled to 30% of the sales revenue from those sessions.

  • 5.5.1 OM will provide Experts with the necessary tools to promote and feature any Session(s) from the OM Health Hub on their personal platforms.

  • 5.5.2 The Expert will receive 30% of the sales revenue from any session, other than their own, that is sold through their platform.

  • 5.5.3 OM will track and report these sales, and payments will be calculated and disbursed monthly.

  • 5.5.4 Payments will be made in the currency specified in the Expert’s "OM Expert Profile" form and will follow the same payment cycle as other revenue streams.

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5.6 Payment Terms

  • 5.6.1 All payments to Experts will be made within 15 business days of the end of each month, provided that the total amount due to the Expert exceeds the minimum payout threshold of $50 USD. If the Expert’s accrued earnings for the month do not meet this threshold, the amount will roll over to the following month until the total amount exceeds $50 USD.​

  • 5.6.2 OM reserves the right to withhold payments if there are disputes regarding the allocation of revenue or commission, but OM will work in good faith to resolve such disputes as quickly as possible.

  • 5.6.3 Payments will be made via bank transfer or another mutually agreed-upon method, as specified in the Expert’s "OM Expert Profile" form.

  • 5.6.4 Experts are responsible for any transaction fees, including those associated with international transfers or conversion to different currencies.

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5.7 Taxes and Invoices

  • 5.7.1 Experts are responsible for any and all taxes, levies, or duties imposed by taxing authorities in their respective jurisdictions on the income received from OM, including income tax and VAT (if applicable).

  • 5.7.2 OM will not withhold any taxes on behalf of the Experts unless required by law.

  • 5.7.3 If required by local laws or regulations, Experts must provide OM with a valid tax invoice for the payment received.

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5.8 Modifications to Payment Structure

  • 5.8.1 OM reserves the right to modify the revenue share percentage or the commission rate for promotional code sales, individual session sales, or platform-hosted sales, but any changes will be communicated to Experts at least 30 days in advance.

  • 5.8.2 In the event of any changes to the payment structure, Experts will have the right to terminate the agreement if they do not agree to the modified terms.

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6. OM Actions

6.1 OM will be responsible for the recording, editing, and distribution of your Session.

 

6.2 OM will ensure that every new User of the OM Health Hub or purchaser of recorded classes agrees to the OM Health Hub Terms & Conditions and Privacy Policy.

 

6.3 OM will submit to you a record of your share of profits in the OM Health Hub and recorded sessions. OM shall endeavour to settle it within 15 business days via bank transfer.

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7. Promotional Materials

7.1 OM will promote you and the Services on its own social media pages, including but not limited to Facebook, Instagram, LinkedIn, and YouTube.

 

7.2 OM will also promote your Session(s) to our corporate and brand partners for potential collaboration opportunities.

 

7.3 OM may request your assistance in providing promotional materials such as photos, videos, or written content related to your Session(s) for marketing purposes. You are not obligated to provide additional materials and support should you choose not to.

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8. Non-Prescription and Non-Diagnosing Platform

8.1 OM acknowledges and agrees that it is a non-prescription and non-diagnosing platform. OM will not provide any medical prescriptions, diagnoses, or treatment plans to its Users.

 

8.2 OM will clearly communicate to its Users in the Terms and Conditions that the information provided on the OM Platform is for educational and informational purposes only and should not be considered as medical advice, diagnosis, or treatment.

 

8.3 You understand and acknowledge that the OM Platform is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is solely for informational purposes.

 

8.4 You shall refer any questions or concerns regarding medical conditions, diagnoses, or treatments to qualified healthcare professionals or appropriate medical authorities.

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9. Term and Termination

9.1 This agreement shall commence on the date the form “Your OM Expert Profile” is submitted and shall continue until terminated by either party in accordance with this clause.

 

9.2 Either party may terminate this agreement by providing written notice to the other party. Termination shall be effective immediately upon receipt of the notice or on a date specified in the notice.

 

9.3 Upon termination, OM will remove your Session(s) from the OM Health Hub and cease using any promotional materials related to your Session(s) within 15 days.

 

9.4 In the event of termination, you shall return any confidential information or materials provided by OM.

 

10. General

10.1 This agreement constitutes the entire agreement between the parties and supersedes all previous agreements, understandings, and arrangements relating to its subject matter.

 

10.2 This agreement is governed by and construed in accordance with the laws of Hong Kong.

 

10.3 Any disputes arising from this agreement shall be resolved through arbitration in accordance with the Hong Kong International Arbitration Centre (HKIAC) Arbitration Rules.

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