Terms and Conditions
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.
1.1 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.
1.2 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 viewers of your masterclasses may wish to engage your services in your other occupation. OM will not be involved in such consultation.
1.3 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.
2. Intellectual Property
2.1 OM agrees that the information provided in the classes is your sole intellectual property; however, you have granted OM license to use this information on the OM Platform during the term of the agreement.
2.2 OM also agrees that all content relevant to your masterclass(es) on the OM Platform remains your intellectual property, and OM has no claim to such intellectual property.
2.3 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, notwithstanding the above, OM agrees that it holds no claim over the information shared by you with the participants nor the intellectual property of any articles or papers provided to OM by you.
3.1 OM will require recorded video masterclass(es) provided by you for streaming purposes or to be presented by you to OM clients during live events (online or offline).
3.2 For the masterclasses, OM will agree on the topic to be discussed in the classes with you. While OM will have final approval over the topic, the information provided in the classes on that topic will be at your discretion.
3.3 During the masterclasses (recorded or live), you have the right to control the discourse as you deem appropriate, however at no time during your live masterclass should you provide a specific medical diagnosis or prescription to a participant in that masterclass
3.4 OM is responsible for editing the recorded video, after which we will send it to you for final revisions and approval before uploading it to the OM Health Hub.
3.5 OM understands that the content of your masterclass 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.
3.6 For requests of live events (online or offline), OM will coordinate with you the time and date for the event. You are under no obligation to provide a set number of live events.
3.7 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.
3.8 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.
4.1 As consideration for your services, you shall be entitled to:
20% of the revenues generated from the rental of your recorded masterclass(es)
Your share of the 20% portion of the revenues generated from the OM Health Hub. The methodology used to determine an equitable allocation of these revenues may be subject to change from time to time.
4.2 All payments to you will be made in the currency specified in “Your OM Expert Profile” form on a monthly basis.
4.3 For any live talks, events, webinars, or panels, you shall mutually agree with OM on the rate for your involvement. OM will remit the agreed-upon fee within 15 days after the completion of the event.
5. OM Actions
5.1 OM will be responsible for the recording, editing, and distribution of your masterclass.
5.3 OM will send you a monthly summary of the OM Health Hub revenues and the rental revenues for your masterclass.
5.4 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. There is no minimum amount required for these transfers.
6. Promotional Materials
6.1 OM will promote you and the Services on its own social media pages, including but not limited to Facebook, Instagram, LinkedIn, and YouTube.
6.2 OM will also promote your masterclass(es) to our corporate and brand partners for potential collaboration opportunities.
6.3 OM may request your assistance in providing promotional materials such as photos, videos, or written content related to your masterclass(es) for marketing purposes. You are not obligated to provide additional materials and support should you choose not to.
7. Non-Prescription and Non-Diagnosing Platform
7.1 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.
7.2 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. Non-Prescription and Non-Diagnosis Services
8.1 When providing services on the OM Platform, you expressly agree that you shall not engage in the diagnosis of any medical conditions or the prescription of medications.
8.2 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.
8.3 You shall refer any questions or concerns regarding medical conditions, diagnoses, or treatments to qualified healthcare professionals or appropriate medical authorities.
8.4 OM shall not be liable for any actions or omissions by you that involve prescribing, diagnosing, or providing medical advice.
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 masterclass(es) from the OM Health Hub and cease using any promotional materials related to your masterclass(es) within a reasonable timeframe.
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 the jurisdiction of Hong Kong.