Enrique Vega Masterclass User Agreement
Introduction
Welcome to Enrique Vega Masterclass ("we," "our," "us"). This User Agreement ("Agreement") governs your use of our Website, Online Courses, Downloadable Content, and any other Services we provide (collectively, the "Services"). By accessing or using our Services, you agree to comply with and be bound by this Agreement. If you do not agree to this Agreement, you may not access or use our Services.
1. Acceptance of Terms
By accessing our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, which is incorporated herein by reference.
Before you enroll in an Online Course or otherwise engage with an Online Course, please carefully read these Terms. If you don't agree to these Terms, please don't enroll in an Online Course. By clicking "accept" when you create an account or otherwise proceed to engage with an Online Course, you agree to be bound by these Terms.
2. Enrolling on the Online Course
2.1 Course Enrollment
a. By paying the Fees or otherwise accessing an Online Course (Course Enrollment), you represent and warrant that:
i. You have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf), and
ii. You are authorized to use the debit or credit card you provided for your course enrollment.
b. Enrolling in an Online Course constitutes your acceptance to enter into a contract with us under these Terms. We will provide you with the Online Course you have ordered in exchange for your payment of the total Fees listed upon checkout.
c. These Terms are only agreed upon between you and us once we have approved your payment of the Fees and you receive an email confirming that your Course Enrollment has been accepted.
3. Online Courses
3.1 Online Course Delivery
a. Our online courses are designed to teach you about and develop your skill set relating to photography, software, or technology, as referenced in an online course description on our Website, for example, Google.
b. You must have an account with Google (a Google Account) to access any Online Course related to certification with Google. You must have a Google Account to be able to access or participate in all parts of an Online Course.
c. Our Online Courses may be provided through a variety of mediums, depending on which course you choose. This may include video content, workbooks, one-on-one training sessions, resources, and other learning materials.
d. We will endeavor to ensure that any Online Course provided will be substantially the same as the Online Course as described on our Website.
e. Once we have received payment of the Fees, you will be granted access to the Online Course selected at checkout.
3.2 License to Use an Online Course
a. Your access to an Online Course will be valid for six weeks from the date of your Course Enrollment (Course Term).
b. You are granted a limited license to use the Online Course for your own personal, non-commercial purposes during the Course Term.
c. We may revoke your license granted in accordance with clause 3.2(b) if we suspect, for any reason, that you are misusing the license. For example, we may revoke your license if (without limitation) you:
i. distribute the Online Course to other people or share your Google login details with other people for the purpose of sharing the Online Course;
ii. make commercial use of or infringe our intellectual property rights in the Online Courses; or
iii. do not comply with these Terms.
d. In the event your license is revoked, these Terms will be terminated in accordance with clause 17, and you will not be entitled to a refund of the Fees.
4. Use of Services
4.1 License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use, subject to this Agreement.
4.2 Prohibited Activities
You agree not to:
- Use the Services for any commercial purpose without our prior written consent.
- Reproduce, distribute, publicly display, or publicly perform the Services or any portion thereof.
- Reverse engineer, decompile or disassemble any part of the Services.
- Use any data mining, robots, or similar data gathering or extraction methods.
5. Payment
a. All Fees are:
i. as displayed and accepted by you at the time of checkout (Fees);
ii. in US Dollars; and
iii. subject to change without notice prior to your Course Enrollment.
b. You must pay the Fees in full at the time of your Course Enrollment.
c. Unless otherwise indicated, amounts stated on the Website include [Your Tax, e.g., GST]. In relation to any tax payable for a taxable supply by us, you must pay the tax subject to us providing a tax invoice to you.
d. We reserve the right to charge credit card surcharges in the event that payment of the Fees is made using a credit, debit, or charge card (including Visa, MasterCard, or American Express).
e. We may use third-party payment providers (Payment Providers) to collect payment of the Fees for Online Courses. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the Terms, conditions, and privacy policies of the Payment Provider, and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct or instruct our Payment Provider to correct any errors or mistakes in collecting your Fees.
f. In the event that we discover an error or inaccuracy in the Fees for your Course Enrollment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Online Course at the correct Fees or cancelling your Course Enrollment. If you choose to cancel your Course Enrollment and the Fees have already been debited, the full amount will be credited back to your original method of payment.
6. Disclaimer
a. While our Online Courses have been prepared with every effort to help you develop the relevant photography skills, any information provided as part of an Online Course is general in nature.
b. Our Online Courses do not take into account your personal circumstances. Many factors will be important in determining whether you achieve any actual results in relation to your photography skill development, and there is no guarantee that you will be able to achieve any specific results within any timeframe or at all.
7. Collection Notice and Privacy
a. We may collect personal information about you in the course of providing you with our Online Course, to contact and communicate with you, to respond to your inquiries, and for other purposes set out in our Privacy Policy, accessible here: [Privacy Policy URL].
b. Our Privacy Policy contains more information about how we use, disclose, and store your information and details on how you can access and correct your personal information.
c. By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
8. Intellectual Property
8.1 Our IP
a. Intellectual Property Rights in an Online Course and our Services and any other related information or materials (Materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the Material can be reproduced, adapted, distributed, displayed, transmitted, or otherwise exploited for any commercial purposes without our express written consent.
b. You will not, under these Terms, acquire Intellectual Property Rights in any of Our IP.
8.2 Definitions
For the purposes of this clause 8:
a. "Our IP" means all materials owned or licensed by us and any Intellectual Property Rights attached to those materials.
b. "Intellectual Property Rights" means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trademarks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company, and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information, and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this Agreement.
9. Changes to Your Course Enrollment
9.1 Cancellation
Once we confirm your Course Enrollment, it will be binding and cannot be changed by you.
9.2 Refunds
a. Provided you have not accessed the Online Course, we will refund the Fees if you request a refund from us within 30 days of your Course Enrollment.
b. Due to the nature of the materials, we do not offer change of mind refunds. We may, however, at our sole discretion, offer a full or partial refund.
c. Nothing in this clause nine is intended to limit or otherwise affect the operation of any of your rights, which cannot be excluded under applicable Law, including the Competition and Consumer Act 2010 (Cth).
10. Publishing Photos Online or on Social Media
a. You may publish general information about what you have learned from an Online Course, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in an Online Course.
b. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.
11. Data Security
While we will use our best efforts to ensure that your information, data, or other electronic materials (Data) that are being backed up or stored as part of the Online Course will be stored securely, we will not be liable for any unauthorized use, destruction, loss, damage, or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code, or other forms of interference.
12. Third-party services, Content, Terms, and Websites
12.1 Third-Party Goods and Services
a. The Online Courses may be powered by goods or services provided by third parties (including third-party platforms) and, therefore, subject to the Terms and conditions of those third parties. Your use of any Online Course is subject to any applicable Terms and conditions of those third parties.
13. Email Communication
13.1 Consent to Receive Emails
By providing your email address to us, you consent to receive administrative, transactional, and promotional emails from us. You can opt out of promotional emails by following the unsubscribe instructions in those emails. However, we will still need to send you emails related to your transactions and your account.
13.2 Email Content and Frequency
a. We may send you emails to provide updates on your course progress, reminders, newsletters, and promotional offers. The frequency and content of these emails will be at our discretion.
b. We make efforts to provide accurate and timely information in our emails, but we do not guarantee the accuracy, completeness, or usefulness of any information provided in these communications.
13.3 Email Security
We strive to protect your email and other personal information; however, we cannot guarantee the security of email communications, and you acknowledge that emails sent over the Internet may not be secure.
14. General
14.1 Governing Law
This Agreement and any disputes arising out of or related to it or the Services will be governed by the laws of the United States of America, without regard to its conflict of laws rules.
14.2 Entire Agreement
This Agreement, along with our Privacy Policy and any other legal notices published by us on our Website, constitutes the entire Agreement between you and us regarding the Services and supersedes any prior agreements between you and us relating to the Services.
14.3 Severability
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
14.4 No Waiver
Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
