Terms and Conditions

1. About Us

The Owner Manager Discipline is operated by The Owner Manager Discipline Limited, an Irish registered company. References in these Terms to “TOMD”, “The Owner Manager Discipline”, “we”, “us” or “our” refer to The Owner Manager Discipline Limited. References to “you”, “your” or “member” refer to the person purchasing or using the membership.

2. The Owner Manager Discipline Membership

The Owner Manager Discipline is a business-to-business service intended exclusively for business owners, directors, partners, managers and other persons purchasing the membership wholly or mainly for purposes relating to their trade, business or profession. By purchasing a membership, you confirm that you are acting wholly or mainly for purposes relating to your trade, business or profession and not as a consumer. The Owner Manager Discipline is a monthly membership designed to help Owner Managers make consistent improvements to their businesses through structured weekly reflection, learning and action. While your membership is active, it currently includes:

• A live 30-minute weekly online group call for members.
• Access to the Members Vault.
• Access to the Owner Manager Program – 4 Modules.
• Access to available recordings of recent weekly sessions.
• Ongoing membership content and resources made available from time to time.

The precise content, format and delivery of the membership may evolve over time. We reserve the right to change, replace, update, add to or discontinue individual elements of the membership. Additional services, including one-to-one consultations or programmes, may be made available to members for an additional fee. These terms will apply to any such services, and, where applicable, the price and any additional terms applicable to those services will be explained before booking.

Access to the Members Vault and related benefits and resources depends on an active membership; the subscription does not include lifetime access.

3. Creating Your Account and Accessing the Members Vault

You must create an account and provide the information required to purchase your membership. You are responsible for ensuring that the information you provide is accurate and up to date. Your login details are personal to you and must not be shared with another person. You are responsible for keeping your account secure and for activity carried out through your account. Creating an account does not itself activate membership. Access to paid membership services is activated following successful payment. If you cannot access your account or believe it has been used without your permission, contact support@tomd.ie.

4. Membership Price and Recurring Payments

Membership is currently €95 per month. Any VAT or other tax legally applicable to your purchase will be calculated and displayed before you complete checkout. The total amount payable by you will be clearly displayed before you place your order.

Your membership operates on a recurring monthly subscription basis. By completing your purchase, you authorise the selected payment provider to collect the applicable monthly membership payment until you cancel your membership.

Payments may be processed through third-party payment providers such as Stripe or PayPal. Their own terms and privacy policies may also apply. If the membership price changes in the future, existing members will be given reasonable advance notice before the new price applies to a renewal.

5. Cancelling Your Membership

You may cancel your membership at any time. You can cancel through the Billing & Account section of your account or by following any other cancellation method made available to you. Cancellation stops future renewal payments. Cancellation will not entitle you to a refund of membership fees already paid. If you experience difficulty cancelling your membership, please contact support@tomd.ie. If you believe a charge was taken in error, contact us with the transaction date and account email so we can investigate.

6. Statutory Rights

Nothing in these Terms is intended to limit or exclude any statutory rights that cannot lawfully be limited or excluded.

7. Failed Payments

If a recurring membership payment cannot be processed, we or our payment provider may attempt to process the payment again. Your membership and access to the Members Vault may be suspended if payment remains outstanding. Once payment has been successfully completed, eligible membership access may resume. If your membership has already ended, you may be required to reactivate or purchase a new membership.

8. Weekly Live Sessions and Recordings

Live membership sessions are delivered online. Check the stated time zone when joining. You are responsible for a suitable internet connection and a device capable of accessing the chosen meeting and video platforms. Details of upcoming sessions, including joining information, will be provided through member communications and/or the Members Vault.

We reserve the right to change the date, time, format or availability of a session. Where reasonably possible, we will provide advance notice of material changes.

Weekly sessions may be recorded for the benefit of members who cannot attend live and for inclusion in the Members Vault. Members should be aware that participation in a live session may result in their name, voice, image, comments or contributions being captured in a recording. Do not share confidential information about clients, employees or other people.

Recordings may be edited before being made available. We reserve the right not to publish a particular recording where we consider this appropriate. No individual live session, recording or particular item of content is guaranteed to be available.

9. Respectful Use and Confidentiality

Members are expected to behave respectfully towards other members and anyone involved in delivering TOMD services. Live sessions may involve discussion of real business situations. It is a condition of membership that you keep other members’ contributions confidential and do not disclose confidential information about another member or their business outside the membership environment.

You are responsible for deciding what information you disclose during TOMD sessions and should not disclose commercially sensitive, confidential or personal information that you do not wish other participants to hear. Although members are required to respect confidentiality, TOMD does not guarantee that another member will comply with their confidentiality obligations and, to the fullest extent permitted by law, TOMD shall not be responsible for an unauthorised disclosure made by another member.

We reserve the right to restrict, suspend or terminate access where a member behaves abusively, disruptively, unlawfully or in a manner that we reasonably consider inappropriate or materially detrimental to TOMD, its members or the operation of the service.

10. Intellectual Property and Use of TOMD Content

Unless otherwise stated, all TOMD materials and content — including videos, recordings, programme modules, presentations, worksheets, frameworks, templates, written materials, graphics, branding and all other resources — are owned by or licensed to The Owner Manager Discipline Limited and are protected by applicable intellectual property laws.

Your membership gives you a limited, personal, non-exclusive and non-transferable right to use TOMD materials for your own learning and for legitimate use within your own business.

You may not, without our prior written permission:

• Copy, reproduce or republish TOMD materials for commercial use.
• Sell, licence or redistribute TOMD materials.
• Upload TOMD content to another website, course, membership platform or file-sharing service.
• Share your membership login or provide non-members with access to member-only content.
• Record, reproduce or distribute live sessions or member recordings.
• Present TOMD materials, frameworks or programme content as your own work.
• Scrape, copy, upload or otherwise use TOMD materials to train, fine-tune, develop or improve an artificial intelligence or machine-learning system without our prior written consent.

Nothing in your membership transfers ownership of TOMD intellectual property to you. You retain ownership of information and materials that you provide to TOMD. You must not provide material that infringes another person’s intellectual property, privacy, confidentiality or other legal rights, or that is unlawful.

11. Educational and Business Information

The Owner Manager Discipline provides business education, mentoring, structured thinking tools and practical business support. The information and materials provided are general in nature and are not a substitute for professional advice tailored to your individual circumstances.

Although Dave Howick is a Chartered Certified Accountant, membership of TOMD does not create an accountant-client relationship with Dave Howick or any accountancy practice with which he is associated, and TOMD content should not be treated as accounting, tax, legal, investment or other regulated professional advice.

You remain responsible for all decisions you make regarding your business and should obtain appropriate professional advice where necessary. Business decisions inherently involve risk. While we aim to provide practical guidance and support, we do not guarantee that membership, mentoring or consultation services will produce any particular financial result, increase in profit, reduction in workload or other specific business outcome. Past results, examples or experiences discussed through TOMD are not guarantees of future performance.

12. Third-Party Services

TOMD may use third-party providers to deliver parts of the service, including website hosting, video conferencing, payment processing, email communications, scheduling and other technology services. These providers may include services such as Zoom, Stripe, PayPal, Calendly and other platforms used from time to time. We do not control those third-party services and, to the fullest extent permitted by law, are not responsible for interruptions, failures, errors, security incidents, changes, discontinuance or other issues arising from third-party systems outside our reasonable control.

13. Availability and Changes to the Service

We aim to provide a reliable and consistent membership service. We may change, replace, update or discontinue individual elements of the membership, including session times, programme materials, technology platforms, recordings, resources or other features. We may temporarily suspend access for maintenance, security, technical or operational reasons. Where a material change significantly affects the core membership service, we will provide reasonable notice where practicable.

We will not be responsible or liable for delay or failure caused by events outside our reasonable control, including serious internet or platform outages, power failures, illness or other events that make delivery impracticable.

14. Communications

We use your account email for essential account and membership communications. You are responsible for keeping that address current and for checking your email account, including junk or spam folders. Email delivery may be affected by your mailbox provider. You agree that we may send communications reasonably necessary to operate your membership.

These communications may include:

• Account and payment communications.
• Membership renewal or failed-payment notices.
• Weekly session reminders.
• Access information.
• Service announcements.
• Changes to membership arrangements.
• Important updates relating to your account or membership.
• Other communications reasonably necessary for the operation of the service.

15. Privacy

Your personal information will be handled in accordance with our Privacy Policy. The Privacy Policy explains how personal information is collected, used, stored and protected and should be read alongside these Terms.

16. Website and External Links

Our website and Members Vault may contain links to third-party websites or services. These links are provided for convenience or information only. We do not control third-party websites and are not responsible for their content, availability, security or privacy practices. The inclusion of a link does not constitute an endorsement of the third-party website or service.

17. Limitation of Liability

To the fullest extent permitted by law, The Owner Manager Discipline Limited, its directors, employees, and affiliated parties shall not be liable for any indirect, incidental, or consequential loss arising from the use of our services, website, materials, consultations, Owner Manager Program, live weekly calls, 1-to-1 sessions, learning materials, books or guidance.

To the fullest extent permitted by law, we shall not be liable for any loss of profits, revenue, business, contracts, anticipated savings, opportunity, goodwill, reputation, data or business interruption, whether such loss is direct or indirect. Subject to any liability that cannot lawfully be limited or excluded, the total aggregate liability of The Owner Manager Discipline Limited arising out of or in connection with these Terms or the services, whether in contract, tort (including negligence), misrepresentation or otherwise, shall be limited to the lower of:

• two times the fees paid by the member, or
• €1,500.

Nothing in these Terms excludes liability where such exclusion is not permitted by law. You remain responsible for evaluating whether any particular strategy, recommendation, framework or action is appropriate for your business. We do not guarantee uninterrupted access to the website, Members Vault, live sessions or third-party technology platforms.

18. Suspension or Termination of Membership

We may restrict, suspend or terminate your membership or access immediately where you breach these Terms, fail to make payment, misuse the service or TOMD materials, share account access, copy or distribute TOMD materials without permission, behave in a manner we reasonably consider abusive, disruptive, inappropriate or unlawful, or where we reasonably consider restriction, suspension or termination necessary to protect TOMD, its members, its intellectual property, its reputation or the operation of the service. Restriction, suspension or termination resulting from your breach of these Terms does not entitle you to a refund of any membership fee or other amount already paid.

19. Changes to These Terms

We may update these Terms from time to time to reflect changes to the membership, our business, technology or legal requirements. The latest version will be published on the website. If we make a material change that affects existing members' rights or obligations, we will provide reasonable notice where required or appropriate.

20. Transfer of Membership and Assignment

Your membership is personal to you and may not be sold, assigned or transferred to another person without our prior written agreement. Subject to applicable law, we may transfer our rights and obligations under these Terms as part of a sale, transfer, reorganisation or restructuring of the TOMD business, without your consent.

21. Indemnity

By using our services, you agree to indemnify and hold harmless The Owner Manager Discipline Limited, its directors, employees and affiliated entities against claims, liabilities, losses, damages, costs or expenses arising from or in connection with information or materials provided by you, your misuse of our services or materials, your breach of these Terms, your infringement of intellectual property, privacy, confidentiality or other legal rights, or actions taken based on your interpretation or application of our guidance. This includes reasonable legal and other professional costs incurred in responding to, defending or resolving such claims. The indemnity in this Section 21 is separate from, and is not subject to, the limitation of liability in Section 17.

22. Severability

If any provision of these Terms is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it valid and enforceable or, if that is not possible, removed to the minimum extent necessary. The remaining provisions will continue in full force and effect.

23. Entire Agreement and Additional Services

These Terms, together with our Privacy Policy and any specific written terms presented to you when purchasing an additional service, constitute the agreement governing the relevant TOMD services and supersede any prior discussions, descriptions or representations relating to those services, except to the extent that they are expressly incorporated into these Terms. Where specific written terms for an additional paid service conflict with these Terms, the specific terms for that service will apply to the extent of the conflict.

24. No Waiver

If we do not enforce any provision of these Terms, or delay in doing so, this will not constitute a waiver of that provision or of our right to enforce it subsequently. A waiver will be effective only if given by us in writing.

25. Governing Law

These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation shall be governed by and interpreted in accordance with the laws of Ireland. The courts of Ireland shall have exclusive jurisdiction to settle any such dispute or claim.

26. Questions and Complaints

If you have a question about your membership, payment, cancellation or these Terms, please contact:

support@tomd.ie