Online Purchase General Terms and Conditions

1. 1. General
      
      • By placing an order via our Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.
      • We may vary these Terms and Conditions at any time by updating them on the Site and sending notification to purchasers. Any variation will only come into effect after such variation is published on the Site and sent to purchasers.
      • Where you purchase a ticket to an event conducted by us, or an associated entity, that purchase is subject to the ticketing terms and conditions that can be accessed [here] (Ticketing Terms). To the extent of any inconsistency between these terms and the Ticketing Terms, these terms will take precedence.
   2. Pricing and availability
      
      • Prices are inclusive of Goods and Services Tax (if applicable) and are displayed in US Dollars (USD) on the Site.
      • Prices are subject to change, effective immediately upon posting to the Site or via any other form of notification prior to you making a purchase of a product or service.
      • We reserve the right to modify or discontinue any product advertised without notice at any time.
      • Whilst we try and ensure that all details, descriptions and prices which appear on the Site are accurate, errors may occur. If we discover an error in the price or description of any goods and/or services we will correct the error as soon as it comes to our attention. For the avoidance of doubt, where there is a genuine pricing error, we are entitled to cancel a transaction, even if you have been charged for the relevant product or service at the incorrect price. You agree that we are entitled to cancel such orders and refund any amount paid by you with reference to the pricing error, or offer for you to pay the difference between the erroneous price and the correct price (at your sole election).
   3. Payment
      
      • We use a third-party payment processors such as PayPal and Stripe (each a Payment Processor) as a gateway provider to process payments and host administer our online ordering system.
      • By placing an order with us you acknowledge you will be deemed to accept the terms and conditions of the Payment Processor which can be accessed on their website. We recommend that you review the Terms and Conditions of a Payment Processor before utilising the services of any Payment Processor.
      • Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction.
      • Where a good you purchase from us is a computer file or document, this will be deemed to have been dispatched to you upon us sending it to you, or providing a link from which the item can be downloaded.
      • You confirm that the payment method that is being used is yours.
      • We may share your personal or transaction information with a Payment Processor for the purposes of payments and processing.
      • We may, in our absolute discretion, offer payment plans for some of our goods and services whereby the purchase price would be split into instalments and charged to you on a periodic basis with the first payment due at checkout. Where this occurs:
        • You are required to maintain with us details of a valid credit card or other payment facility from which the payments may be deducted;
        • If your payment method fails, we reserve the right to charge interest on the outstanding amounts at a rate no greater than 2% above the published rate of the National Australia Bank’s business overdraft facility (howsoever named).
        • You agree that we may recover from you the cost of recovering any debt owed by you to us that is not paid as and when it is due, including legal fees and debt collection fees on an indemnity basis.
        • You will receive access to the goods and/or services upon processing of the first payment, if payments are late, your access may be suspended or discontinued in our absolute discretion.
   4. Delivery
      
      • Many of our products are digital and will be delivered electronically via email to the email address provided at checkout, once payment is confirmed, or through provision of a link to the relevant content.
      • Unless stated otherwise, no physical items are sent and printing of materials is not included in the purchase price. If physical items are to be sent, the prices displayed do not include postage unless expressly stated otherwise.
      • Non delivery of goods must be reported to us as soon as reasonably practicable.
      • If we quote or propose a timeframe for provision of the service/s or delivery of good/s that proposal is an estimate only and cannot be relied upon for any purpose.
      • A claim that a delivery of goods and/or services was not of the kind or quantity contracted for is not valid unless advised in writing (with reasonable details) to us within 10 business days after the supply was first delivered to you, and upon us confirming that you have a valid complaint regarding your purchase.
   5. Refund policy
      
      • Except in accordance with the Australian Consumer Law (or relevant consumer law of your Country) all refunds are at the sole discretion of STAGE Academy Pty Ltd.
      • If you are entitled to a refund under this clause 5, we will instruct our third-party Payment Processor to issue the refund. We do not have control over the third-party Payment Processor and cannot expedite any refunds.
      • Receipt of any refund shall immediately terminate any and all licenses granted to you to use the material provided under this Agreement and our Terms of Use. You must immediately cease using the material and must destroy all copies of the information provided to you, including but not limited to any video recordings, audio recordings, forms, template documents, slide shows, and other resources and must cease access to any membership areas of the Site and any social media groups limited to paying members.
      • STAGE Academy – Online Course
        • If you are dissatisfied with the STAGE Academy online course within 30 days of purchase, and have completed less than 25% of the course, we may at our sole discretion, offer you a refund.
        • Refunds must be requested in writing before 23:59 PST on the 14th day following purchase. To request a refund please email support@vinhgiang.com. After the 14th day following the date of purchase, all payments are non-refundable regardless of whether you complete the program.
        • This clause 5.4 also applies to purchase of the STAGE Bundle deal (which comprises the STAGE Academy online course and the STAGE Virtual Masterclass) and will prevail over our Virtual Event Ticketing Terms.
      • STAGE Workshop – Virtual Masterclass
        • For refunds regarding STAGE Workshop virtual events, please refer to our Virtual Event Ticketing Terms avaliable [here].
      • STAGE Workshop – Live Event
        • For refunds regarding the in-person STAGE Workshop events, please refer to our Ticketing Terms available [here].
   6. Third-party Platforms
      
      • We may use and engage third-party services to enable us to sell goods and provide services to you, including but not limited to, ActiveCampaign, SquareSpace (who host vinhgiang.com), Kajabi (who provide the platform for the STAGE Academy online course), Clickfunnels, Zoom and Zapier.
      • As part of our services we may offer you access to social media groups via third-party platforms such as Facebook.
      • You may be required to create a user account with third-party services in order to gain access to our goods and services.
      • Use of third-party services may be governed by other terms of use or agreements that apply to that use. To the extent that such third-party terms conflict with these Terms and Conditions in relation to STAGE Academy, its rights or obligation, these Terms and Conditions prevail to the extent of any inconsistency.
      • Third-party service providers can be contacted by their respective websites. We recommend that you review the Terms and Conditions of a third-party service provider before utilising their services.
      • We accept no liability for the use of third-party services.
   7. Confidentiality
      
      • During your participation in STAGE Academy events, you may disclose information about yourself, or learn information about other participants.
      • By attending and/or participating in STAGE Academy programs, including but not limited to, STAGE Workshops (both virtually and in person) you agree that:
        • It is a condition of participation in out events that you keep that information confidential and do not share it outside of the STAGE Academy event; and
        • Despite this being a condition of participation, you acknowledge that STAGE Academy cannot guarantee that your information will be kept confidential, and to the extent permitted by law you release us from any liability arising from another participant disclosing information about you to a third party.
        • For the avoidance of doubt, the above release is limited to circumstances in which your personal information is disclosed by a third party participant at the relevant event, and does not absolve us of our responsibility to otherwise keep your personal information secure.
   8. Photo and recording releaseBy attending STAGE Academy events and/or participating in STAGE Academy programs, including but not limited to STAGE Workshops (both virtually and in person), you agree that you may be filmed and/or recorded, and you give permission to STAGE Academy to use your image, likeness and voice obtained at the event to promote or explain our services to the public, without any compensation.
   9. TestimonialsIf you provide any written comments or feedback on STAGE Academy to us, you grant us a perpetual, irrevocable, royalty-free, world-wide, assignable and sub-licenceable licence to use that content for any purpose.
   10. Content WarningSTAGE Academy events, including but not limited to STAGE Workshop, may include confronting content. No psychological assessment is conducted prior to attendance and no aftercare is provided for any emotional damage suffered following our events.Before you attend one of our events you, you should seek medical or psychological advice from a suitably qualified person as to the appropriateness of STAGE Workshop for you. You acknowledge that attendance may be triggering for some participants and agree to seek the support of a mental health care professional if you are affected by the content provided. Lifeline can be contacted on 13 11 14 or at https://www.lifeline.org.au if you feel you need support. If during any of our events you experience discomfort, you must stop your participation immediately and seek assistance from an appropriate provider (such as Lifeline). We are not mental health professionals, and cannot provide you with that assistance.
   11. Your warranties
       
       • You warrant to us that any information, document, specification you provide to us or use of our goods and/or services shall not infringe any third party intellectual property right, shall not infringe any moral right, is accurate and is not defamatory or otherwise unlawful or contrary to community standards and you agree to indemnify and keep indemnified us from any breach of this warranty.
       • We shall have the right to refuse or cease, at our sole unfettered discretion, from providing our goods and/or services if we believe they may be contrary to the warranty in clause 11.1.
       • When following our advice in our online courses, you warrant that you will use all equipment and product/s safely. You are responsible for checking that the goods and/or services are suitable for the intended use. Unless expressly stated, we make no claim as to the suitability of fitness for purpose of any goods and/or services you purchase from us. If you are uncertain, please consult an expert to assist with use of the equipment and/or product/s.
   12. Limitation of Liability
       
       •  You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any:
         • interruption of business;
         • access delays or access interruptions to the Site;
         • data non-delivery, misdelivery, corruption, destruction or other modification;
         • computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, or any downloaded item, including clicking any hyperlink to or from a third party website;
         • any inaccuracies or omissions in the Site or content; or
         • events beyond our reasonable control.
       • We have no liability to the extent that a failure of delivery of goods and/or services is attributable to any act or omission on your part.
       • Our liability for failure to comply with a consumer guarantee is limited to, at our sole discretion, either the re-supply of the goods and/or services or the payment of the cost to you of having the goods and/or services supplied again.
       • Subject to the foregoing, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
       • In all other respects, our total liability for loss or damage of every kind arising pursuant to these Terms or arising in any other way out of or in relation to the supply of goods and/or services, their sale, delivery or the way they behave, and whether in tort of contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods and/or services.
       • Except as otherwise stipulated in these Terms, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods and/or services supplied pursuant to these Terms.
   13. Warranty disclaimer
       
       • Whilst we have taken reasonable steps to ensure information contained on our Site and in our products is accurate, up to date and reliable, we cannot guarantee the suitability, reliability, availability, accuracy, completeness or applicability of any goods or services sold.
       • To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.
       • The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
       • Any promotional materials we publish are intended to give a general idea of the goods and services on offer and cannot be relied on for any purpose.
       • We attempt to provide accurate information on the Site and in our goods and services. However, the information contained on the Site and in our goods and services is of a general nature only and intended for educational purposes, it does not constitute or replace professional advice and, to the extent permitted by applicable law:
         • we do not warrant that information contained on the Site or in the content, including any product descriptions is accurate, complete, reliable, current, or error-free; and
         • the Site is presented ’as is’ and we make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose.
   14. Breach and Termination
       
       • We may immediately issue a warning, temporarily suspend or permanently prevent your access to all or any part of the Site and attendance at our events, if in our reasonable opinion, you:
         • breach any provision of the Terms;
         • are disruptive to us or other program participants; or
         • fail to comply with the program guidelines avaliable [here].
       • We may terminate this agreement without cause by providing you with seven days written notice, and refunding to you any fees that you have paid to us for goods or services not yet delivered to you.
   15. Force Majeure
       
       • We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.
   16. Intellectual property
       
       • The goods we sell, including their content, specifications and design (being intellectual property, including but not limited to, copyright, design rights, trade marks, know-how, show-how or other intellectual property) remain our property.
       • Title and ownership of intellectual property does not transfer to you by virtue of your purchase from our Site.
       • You are granted a non-exclusive, non-transferrable, revocable license to access and use the products or services you have purchased from us.
       • You may not use our name or logos or trademarks or any other content for commercial purposes without our prior written consent.
       • You must not reproduce, adapt or modify any material we provide you without our prior written consent unless expressly authorised by these terms and conditions or the law.
       • You grant us a limited, royalty free, non-exclusive, worldwide, revocable licence for the purpose of delivering the goods and/or services and internal business and record keeping to the intellectual property contained in any document, information or specification you may provide to us.
       • Infringement of our intellectual property rights shall result in immediate termination of the license granted and your access to the program will be terminated immediately with no right to a refund for any portion of the fees paid.
   17. Waiver
       
       • Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
       • Without limiting the foregoing, any failure to enforce any of our rights under these Terms does not constitute a waiver of those rights.
   18. SeverabilityAny part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
   19. Entire agreementThese Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
   20. AssignmentYou may not assign these Terms without our express consent in writing.
   21. Governing lawThese Terms are governed by the laws in force in South Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
   22. Feedback and enquiriesIf you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: support@vinhgiang.com.

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