Welcome to the website of The Trustee for THE VR TRUST (ABN 31 879 958 649) (“we”, “us” or "TVB" or "The Visionary Blueprint" or "The Visionary Ecom Blueprint"), an online provider of ecommerce and drop shipping shopify business online education courses.
- this website located on the web via the domain https://thevisionaryecomblueprint.com/ (including all of the files located in that domain)
- the TVB online portal available at https://thevisionaryecomblueprint.com/login (‘online portal’),
- the TVB Instagram page available here https://instagram.com/visionaryecom; and
- all other TVB social media pages and websites as they are created and maintained from time to time;
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through our Sites. By using our Sites you represent and warrant to TVB that you are over the age of 18 years. Should TVB suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
If you are under 18 years of age, then you warrant that you are accepting these Terms with the permission of your parent or guardian.
Restrictions on use
Your use of our Sites is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to TVB at law or in equity, TVB reserves the right to, without notice:
- temporarily or indefinitely suspend, or terminate, your access to our Sites or refuse to provide products or services to you if:
− TVB is unable to verify or authenticate any information that you provide to us; or
− TVB believes that your actions may cause damage and/or legal liability to TVB , any of its customers or suppliers or any other person; and
- remove or block access to any information and/or materials (in whole or in part) that TVB, at
its sole and absolute discretion, regards in any way to be objectionable or in violation of any
You indemnify and hold harmless TVB and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through our Sites;
- your use of, or connection to, our Sites; or
Registration and account security
Requirement for registration
Username and password
Upon registration with TVB , you will be issued with a username and password to access the online portal. You are responsible for maintaining the security of your password for our Sites including the online portal. TVB will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that TVB will be entitled to assume that any person using our Sites with your username and password is you or your authorised representative.
You must notify TVB immediately of any known or suspected unauthorised use of any password or any other breach of security.
- a valid email address;
- accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
- any other information that may be required by TVB during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to TVB that all information provided to TVB by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with our Sites. Accounts registered by "bots" or other automated methods are not permitted.
Approval of registrations
TVB reserves the right to accept or reject any application for registration of an account with our Sites at its discretion.
Order constitutes offer
We will not commence processing any order made through our Sites unless and until:
- payment for the order has been received by us; and
- the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
- at any time:
− refuse to provide products or services to you;
− terminate your access to our Sites; and/or
− remove or edit any content on our Sites.
Acceptance of orders
Acceptance of each order will take place if and when TVB:
- in the case of digital items, either:
− sends the requested items to you, at the time at which the items are sent by TVB; or
− notifies you in writing that the requested items are available for download by you, at the time at which such notification is sent by TVB,
and title to, and risk in, the items will pass from TVB to you at that time; or
- in the case of services, either:
− provides the services to you, at the time at which TVB commences providing the services; or
− notifies you in writing that your order has been accepted, at the time at which such notification is sent by TVB.
TVB reserves the right to change the prices for products/services displayed in our Sites at any time before you place an order.
Unless otherwise expressly stated, all amounts payable through your use of our Sites are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment for orders placed through our Sites may be made:
- by credit card (Visa or MasterCard only) processed offline; or
- via direct bank deposit by electronic funds transfer (EFT).
Credit and debit card payments
Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
Payment by EFT
If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order. Please also provide us with a screenshot of your payment with the correct BSB & account number that we have provided you.
Refunds and other remedies
While our payment processing and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than TVB.
TVB may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as TVB considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
- our Sites (including the online courses offered through the online portal);
- all of its content (including all of the text, graphics, strategies, outlines, PDF’s, downloadable materials, designs, software, data, sound and video files and other information contained in our Sites including all online courses offered therein, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by TVB in connection with the products and services offered through our Sites (whether hosted on the same server as our Sites or otherwise).
You may download and print out content from our Sites only for your own personal and non- commercial use that TVB verbally recommends downloading from within the video content – provided that you do not remove or modify any copyright, trademark or other proprietary notices.
TVB's logo is a trademark of TVB. The look and feel of our Sites (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of TVB. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of TVB.
Our Sites contains some features that enable you and other users to upload User Content. TVB reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
- represent and warranty to TVB that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
- grant to TVB a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at TVB's absolute discretion.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on our Sites to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
to the maximum extent permitted by law, TVB, and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to our sites and any products and/or services purchased or obtained through our sites, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement.
Our Sites is provided strictly on an "as is" basis. To the maximum extent permitted by law, TVB and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of our Sites or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of our Sites will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- our Sites will meet your requirements or expectations;
- anything on our Sites, or on any third-party website referred or linked to in our Sites, is reliable, accurate, complete or up-to-date;
- the quality of any products, services, information or other material purchased or obtained through our Sites will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- our Sites or the servers that make it available are free of viruses or other harmful components.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, TVB and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at TVB's sole discretion):
- in the case of goods, to any of the following:
− the replacement of the goods or the supply of equivalent goods;
− the repair of the goods;
− the payment of the cost of replacing the goods or of acquiring equivalent goods; or
− the payment of the cost of having the goods repaired; and
- in the case of services:
− the supply of the services again; or
− the payment of the cost of having the services supplied again.
- the singular includes the plural and vice-versa;
- a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- the meaning of general words is not limited by specific examples introduced by “including”,
“for example”, “in particular” or similar expressions.
Governing law and jurisdiction
– Prohibited conduct
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of our Sites;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use our Sites to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use our Sites to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of our Sites;
- use our Sites by any automated means;
- use our Sites to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of our Sites for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with our Sites;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on our Sites;
- reproduce, duplicate, copy or store any of the material appearing on our Sites other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with our Sites;
- do anything that leads, or may lead, to a decrease in the value of TVB's intellectual property rights in our Sites;
- use or exploit any of the material appearing on our Sites for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with our Sites;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to TVB without TVB's prior written consent; or
- use our Sites to transmit any information or material that is, or may reasonably be considered to be:
− abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
− libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
− infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;− in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
− in breach of any person’s privacy or publicity rights;
− a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
− in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
− containing any political campaigning material, advertisements or solicitations; or
− likely to bring TVB or any of its staff into disrepute.