Our Shared Understanding

Updated on 16/07/2025

1. APPLICATION OF TERMS 

These terms apply to any person or entity (‘you/your’) accessing (‘our/the website’). This website is owned and operated by MC DMA Pty Ltd trading as The Optimist Network (‘we/our/us’). By accessing and using our website you agree to be bound by these terms.

We may amend these terms and conditions from time to time.

These terms are governed by the laws of Australia.

2. COLLECTION AND USE OF PERSONAL INFORMATION 

You may need to register to use our website. When you register you will provide us with personal  information such as your name and email address. We will handle all personal information we collect in  accordance with our privacy policy, available at www.theoptimistnetwork.com.au/privacy-policy and the  applicable law. By providing your personal information to us, you consent to the collection, use,  storage, and disclosure of that information as described in the privacy policy and these terms.

When you register your account, we will provide you with a username and password. You are  responsible for keeping this username and password secure and are responsible for all use and activity  carried out under this username.

We may otherwise collect personal information about you in order to provide our services and for  other purposes as detailed in our privacy policy and as required or permitted under applicable law. This  may include disclosing your information to third parties that help us deliver our services, such as  information technology suppliers, communication suppliers, finance providers and our business  partners.

We will handle all personal information we collect in accordance with our privacy policy and the  applicable law. Our privacy policy explains how:

(a) we store and use, and how you may access and correct your personal information;  (b) you can lodge a complaint regarding the handling of your personal information; and  (c) we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us.

3. ELIGIBILITY AND REGISTRATION

By participating and signing up for an account on The Optimist Network, you represent and warrant that:

 

• You are at least 18 years of age.
• You have the legal authority to agree to the Terms and Conditions outlined on our website
• The information you provide upon registration is accurate, complete and up-to-date to the best of your knowledge
• You will maintain and update your information as necessary or when prompted

 

We reserve the right to accept or reject any application at our sole discretion and without obligation to explain our decision.

4. PRODUCTS AND SERVICES 

We offer for sale all products and services listed on our website.

We reserve the right to amend the range and prices of our products and services at any time.

All products and services are subject to availability. We will inform you as soon as possible if the  products you have ordered are not available.

5. PAYMENT METHODS 

We accept payment via the following payment methods:

(a) Paypal;

(b) selected credit cards such as Mastercard, Visa and American Express; and

(c) direct bank transfer via BSB and account number

All pricing is in AUD. Prices are subject to change without prior notification and may differ from other  sites, stockists or providers.

6. DELIVERY  

ONLINE DELIVERY 

Delivery will occur immediately following receipt of payment for online products and services.

We will not be responsible for delivery delays caused by any network or other failure beyond our  control including if your software is incompatible or your network protection system blocks delivery.

7. REFUNDS AND RETURNS 

Given the nature of downloadable products, we do not offer returns or refunds unless required under  Australian consumer law. If your downloaded product is faulty or significantly different to that  described on our website, please contact our customer service team. We do not accept returns or  provide refunds for change of mind.

Our services come with guarantees that cannot be excluded under the Australian consumer law.  Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal  rights under the Australian Competition and Consumer Act 2010 and other local laws. Any and all other  warranties or conditions are expressly excluded, including liability for incidental or consequential  damages caused by breach of any express or implied warranty or condition.

8. INTELLECTUAL PROPERTY 

Our website and its content including our products and services, may represent or contain intellectual  property owned by us, including trademarks, copyrights and proprietary information.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works  from, distribute, display, reproduce or perform, or in any way exploit in any format any of our  intellectual property, in whole or in part, without our prior written consent.

9. DISCLAIMERS 

To the extent permitted by law, we have no liability or responsibility to you or any other person for any  loss. You acknowledge that you access and use our website at your own risk.

We make no representation or warranty that the website is appropriate or available for use in all  countries or that the content satisfies the laws of all countries. You are responsible for ensuring that  your access to and use of the website is not illegal or prohibited, and for your own compliance with  applicable local laws.

The website and our services are educational and informational resources only and are not a substitute  for any kind of professional or specialist advice. We cannot guarantee the outcome of following any  recommendations provided, and any statements made regarding the potential outcomes are  expressions of opinion only.

It is imperative that all products are used only in the manner for which they are intended, and that care  and common sense are exercised when using the products. To the extent permitted by law, MC DMA

Pty Ltd trading as The Optimist Network does not accept any liability for, and is not responsible for, any  damage, loss, or injury caused by the use or misuse of our products.

We are not liable to you or anyone else if interference with or damage to your computer systems  occurs in connection with the use of this website or a linked website. You must take your own  precautions to ensure that whatever you select from our website is free of viruses or anything else that  may interfere with or damage the operations of your computer systems.

Our website may contain links to websites operated by third parties. Such links are provided for  convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do  not endorse and are not responsible for the content on third party linked websites and have no control  over, or rights in, third party linked websites.

10. ACCEPTABLE USE POLICY 

You must not use our website in any way that we deem to be inappropriate or unlawful, including but  not limited to:

(a) any breach of privacy or any infringement on the legal rights of any other person; (b) defamation;

(c) uploading any virus, malware or other malicious software;

(d) posting, commenting or otherwise transmitting any unauthorised material including, but not  limited to any material that is or is likely to be defamatory, racist, obscene, threatening,  pornographic or otherwise deemed by us to be unacceptable.

11. SUSPENSION AND TERMINATION 

Without prejudice to any other right or remedy available to us, if we consider that you have breached  these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend  or terminate your access to the website, or any part of it.

12. GENERAL 

These terms, and any dispute relating to these terms or the website, are governed by and must be  interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive  jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the  website.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or  provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or  invalidity. If a modification is not possible, the part or provision must be treated for all purposes as  severed from these terms. The remainder of these terms will be binding on you.