TERMS AND CONDITIONS

 Last updated: 10 December 2020

These Terms and Conditions (“Terms”) sets forth your rights and responsibilities for accessing The School of Visual Branding website at www.school-of-visual-branding.kajabi.com and its sub-domains and affiliated sites (which includes www.sandrachau.com, among others), as well as the related pages and accounts including without limitation, on Facebook, Twitter, LinkedIn, Google Plus, and YouTube (the “Site”). 

Please read both these Terms and the Privacy Policy carefully, which is incorporated into these Terms. This document constitutes a legally binding contract between Sandra Chau Pty Ltd (herein the “Company”) and other associated materials and sites linked hereto and operated or controlled by the Company, and you regarding your purchase of any video content, online courses, website content, and printable materials (herein referred to as the “Program” or “Program Materials”). The Program shall be deemed to be incorporated herein by reference in addition to the Terms and privacy policy (“Privacy Policy”). These Terms and Privacy Policy are collectively referred to herein as this “Agreement.” In the event of any conflict between these documents with respect to your purchase, these Terms shall prevail over the Privacy Policy. 

By using this website, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Program. Your access to and use of this website, as well as all related Sites operated by the Company is subject to the following Terms and all applicable laws. By accessing and browsing the Sites, you accept, without limitation or qualification, the Terms and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. PRICES AND PAYMENT TERMS

The prices for each Program differ and shall be as stated:

  • on the sales material for that Program at the time of your order.
  • Payment shall be made by credit or debit card.
  • Upon purchase, you will receive only one username and password, and only one person may access and use the specific product purchased.

For the avoidance of doubt, the price for The Branding Shoot Method is USD997 or 6 monthly payments of USD197 and such payment will be made by credit or debit card processed by Stripe.

2. REFUND POLICY

The refund policy for products purchased from the Sites differ for each product, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions (or those set forth in the sales material for each product), please do not order this material. If you require further clarification, please contact the Company. PLEASE NOTE: If you request and receive a refund for any product, service, or course as part of any of our 100% money back guarantees, you will be allowed to purchase other products, services or courses in the future, or even the same product, service or course in the future; but, in doing so, you acknowledge that you waive your right to a refund on any and all of those future purchases, at any time, for any reason. In other words, you can’t get a refund more than once. To put it plainly: if you receive a refund for one thing, choose to buy something else, and then want another refund, we’re clearly just not the right fit for each other.

Your satisfaction with our products and services is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing these programs, other than what is stated for each program purchased, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for our programs and no refunds will be provided to you at any time. By using and/or purchasing our digital products, you understand and agree that all sales are final and no refunds will be provided.

To request a refund, please email [email protected]. The choice of whether or not to issue a refund is in our full discretion. 

You can participate in The Branding Shoot Method for up to 7 days. If, during the 7 days after your purchase, you do the assigned work and don’t get value or feel your learning style doesn’t match the way in which we teach, we’ll happily refund the money you’ve paid us under this Agreement less any external fees subject to the following conditions:

  • Deadline to Apply for Refund. To be eligible for a refund, you must submit your request by 11:59pm AEST on the 6th day from when you purchased the course. The deadline exists because if you sign up for the course, we want you to get as much value from the course as possible. However, if you sign up but do not plan on beginning immediately, please make sure this is the right investment for you, as the refund does have a firm deadline.

3. NO LIFETIME ACCESS

You understand that your enrolment in The Branding Shoot Method is for a period of twelve (12) months. Participant will not have access to said Program and its content after the twelve-month period.

Your payment for The Branding Shoot Method includes twelve (12) months access to the Private Facebook Group from the date at which you make payment for said program. 

4. INTELLECTUAL PROPERTY

You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the “Company and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

You understand and agree that the Products contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by the Company and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and the Company will prosecute such misconduct to the fullest extent permitted by law.

The Company provides you with the Products solely for your own personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of the Company’s  rights or that has not been authorized by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, the Products, or the Product Content, or infringe on any of the Company’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

The trademarks, service marks, and logos of the Company  (the “Company Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of the Company. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Company Trademarks inures to our benefit.

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms.

5. THIRD-PARTY MATERIALS AND WEBSITES

the Company may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites. Any affiliate links that linked on the site will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links.  Company marks (whether or not registered) may not be used for any reason without written permission. Client agrees not to register, operate, or lease any domain with a confusingly similar name to any such mark without permission of Company.

6. REPRESENTATIONS AND WARRANTIES 

THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, THE COMPANY  DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCTS, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.

7. LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

8. EARNINGS DISCLAIMER

The Company make(s) no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through our communications or your participation in the purchase of any of our products or participation in our affiliate program. Past results are not an indication or promise of your results. There is no guarantee you will earn any money using any of our materials, and your revenue is dependent solely on you and your actions or non-actions.

9. AFFILIATES DISCLAIMER

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications. 

10. CONSUMER GUARANTEES

To the extent legally permitted, in no event shall the Company, shop, courses, or any of our other properties or our affiliates, distributors, licensors, agents, or any of our or their directors, employees, or agents be liable as a result of your use of our websites or use of this website for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data howsoever arising including without limitation through an action in contract, tort (including negligence) or otherwise, even if we or our affiliates, distributors, licensors, or agents, or any of our or their directors, employees, or agents have been advised of the possibility of such damages.

If you are using our products for business purposes, you agree that the guarantees provided or any comparable consumer protection legislation shall not apply to separately purchased services.

11. GOVERNING LAW. The Parties have entered into this Agreement in the State of New South Wales, Australia and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of New South Wales, Australia, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the Terms, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of New South Wales, Australia, and that venue of any action will be located in the appropriate court of New South Wales, Australia.

12. BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise. 

13. TERMINATION. the Company is committed to providing all customers with a positive experience. If you fail, or the Company  suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or you participation in program without refund; and/or (b) terminate this Agreement. Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.

14. MODIFICATIONS AND AMENDMENTS. the Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Company’s website or you may be notified by either email or postal mail. If you have any questions, please contact us directly at [email protected].

15.  INDEMNIFICATION. To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement. 

16. BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY THE COURTS OF NEW SOUTH WALES, AUSTRALIA.

17. EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement.the Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the State of New South Wales, Australia for purposes of any such action by the Company.

18.  COMPLIANCE WITH LAW. The Parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail. 

19. NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing. 

20. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the Terms cannot be modified without the express written consent of both parties. These Terms shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.

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