This Agreement is preceded by the Pinpointeducation.com website Terms of Service. Please first review it here in reference to the terms used on this page which are noted in capital letters (ex. Product rather than product).
This Agreement (“Agreement”) is made effective by and between Velastion Enterprises, LLC (the “Company” and/or “Velastion”), and purchaser of the digital Company product (hereafter “Purchaser” or “user”), for the purpose of Purchaser acquiring a digital non-physical product (the “Product” or “Products”) or tangible, physical Company printed materials, tools or merchandise (“Goods”) from an online gateway or store used or hosted by the Company, an Affiliate, or Third Party Vendor. Please see Section 12 of the Terms of Service for more details in reference to the definitions of Products and Goods.
A “transaction” in this Agreement involves a willful exchange of identifying personal and/or financial information made with the Company in exchange for any service, Class, Product, or Goods.
A “Digital Purchase”or “purchase(s)” is defined as any transaction made directly with the Company via a payment gateway, and/or sign-up or opt-in gateway or form that results in the Purchaser receiving a Product, Class or Goods, and where the Purchaser can furnish a receipt of the transaction.
"Purchase" or “purchase(d, ing)” refers to any successful transaction made by the user, whether it is monetary, free, involves Site credits, or is bundled with another digital purchase.
By submitting payment for the Product, Class or Goods, or by checking the box in the online transaction gateway or checkout, or by signing up or opting in to receive purchases, the Purchaser agrees to all the Pinpointeducation.com website Terms of Service, in addition to the specific terms for a Product or Goods as outlined below:
1. Digital Product Usage
After purchasing a digital Product, the Purchaser will be given the means to access the respective materials within [48 hours] via the email provided for the transaction, following successful payment or sign up for the Product. It is the sole responsibility of the Purchaser to retain the transaction receipt for their records. The Company shall not be held responsible if the Purchaser loses or misplaces a purchase receipt.
Purchaser will have access to the materials as specified in the terms for that particular Product so long as the Product(s) is/are available. Unless otherwise specified, upgrades and future versions of the Product are not included with the original purchase and may require an additional investment to access updates.
All Digital Products and purchases are for the sole use of the Purchaser under a Singer User License, and the Agreement is further defined, as follows:
All Product(s) are bound by the Intellectual Property Rights and all other stipulations outlined in the Company website Terms of Service. For digital Product(s), the Company hereby grants the Purchaser one (1) exclusive, non-sublicensable, non-transferable, license to use the Product in accordance with the specific terms for that Product. Purchaser understands and agrees that the Product materials may not be shared with any third party or used in a manner other than intended by the Company. In the event the Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Purchaser access to the Product and may pursue legal action for financial compensation or losses if deemed appropriate by the Company.
Purchaser may only use the Product or Goods for personal use and/or in accordance with the specific intent outlined in its purchase description. Purchaser may not sell, copy, distribute, duplicate or modify the language, images, Company branding, or any other elements of Product(s) or Goods without express written consent from the Company, under which circumstance the Company reserves the right to deny the request or receive additional payment for legal use of all or any aspect of the Product. Purchaser is obligated to tag, give credit and visibly link attribution to the Company as Pinpoint Education in no less than a 9-point font for any copy, text, or images sourced from the Product they use, post, or share anywhere, unless an exception is otherwise noted on the Product itself with the text “Copyright Free”.
The user may apply for multiple-user permissions (ex. Educational License), by contacting firstname.lastname@example.org, in which an addendum to this Agreement may be considered on a case-by-case contractual basis with the Company.
Some Product(s) or Goods may be standalone or included with other offers, and/or are accessible for an unlimited or set amount of time. Product(s) or Goods that may be purchased with a Class or other offers are labeled bundle or upgrade. Subscription, lifetime, and limited-time access define the amount of time a purchase is accessible after a completed transaction. Please reference Section 12 in the Company Site Terms of Service for specific definitions of the capitalized terms below (if not otherwise included) and each of their Policies.
A “Bundle” or "Bundles" is defined as a collection of Product(s), Goods, and or Class(es) that may be purchased as part of a package under a discounted payment arrangement .
An “Upgrade” is defined as a separate or additional transaction that can be added to a Product or Class enrollment during or after purchase, or may describe gaining access to future Product updates or asynchronous Class enhancements at a discounted price than originally paid. An Upgrade should not be assumed to be free unless clearly noted as such.
A “Subscription” is a recurrent weekly, monthly, yearly or other ongoing periodic payment that grants access to a broader Company catalog of Product(s) and/or asynchronous Class(es) for as long as the Purchaser decides to keep renewing the Subscription service.
“Lifetime” defines a Product or Class where the Purchaser has perpetual access to the purchase as-is for a one-time payment, unless otherwise noted to include Upgrade(s), for as long as the Product or Class is available.
“Limited-Time Access” is defined as a Product, Goods, or Class that must be retrieved or completed before the time indicated during the checkout process for that purchase. Failure to do so will require repayment in order for the Purchaser to regain access. The Purchaser should not choose this option if they are unable to collect the Product or complete the Class during the allotted time.
3. Fees & Payment Processing
In consideration for access to the Product or Goods provided by Company, Purchaser agrees to compensate Company the fee indicated on the online transaction gateway. If any payment methods are declined by the online payment processor, Purchaser shall provide a new eligible payment method before receiving access to the Product. In the event Purchaser has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables and/or immediately revoke all access and license to use.
4. Refund Policy for Digital Purchases
Due to the nature of digital Products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances.
Company branded Goods are manufactured, shipped and/or delivered by Third Party Vendors. The Company will make reasonable effort in its control to ensure the Purchaser is satisfied with the Goods received. The Purchaser is aware the delivery, shipping, return, refund and exchange policies of the Third Party Vendor are in effect. Free refunds, returns or exchanges may only apply if there is a defect or the wrong Goods were shipped. Otherwise, the cost of shipping for return of the Goods may be deducted from the total refund amount. In the event the Purchaser encounters an issue with their Goods, email email@example.com with a photo and a description of the problem, so every effort can be made to ensure satisfaction moving forward. The Company is not responsible for packages left unattended at the delivery address of the Purchaser.
The Purchaser is aware that refunds or cancellations for all or part of an Upgrade or Bundle may be forfeited if the Upgrade or Bundle contains an Online Class or digital Product. If any part of the Upgrade or Bundle may be used or retained by the Purchaser, any previous discount is forfeited and the Purchaser is obligated to the cost of original full price the respective Class, Product, or Goods being kept. The respective Refund & Cancellation policy for that Class, Product, or associated Goods remain in full effect.
The Purchaser may cancel a Subscription service or adjust their payment frequency for the service at any time. The Purchaser retains access to their Subscription package and any associated Site user-interface for the amount of time remaining after the last payment is made, however, all Subscription payments are non-refundable. It is the sole responsibility of the Purchaser to adjust their Subscription service as they desire, complete any Class they wish to before losing access to Subscription-based content, and/or download all certificates and proofs of completion before canceling a Subscription service. Any Class left uncompleted or Product or Goods unclaimed will remain as such until the Purchaser completes the necessary steps to access the Class or Subscription again, which may incur an additional access fee.
Any Lifetime Product or Class is non-refundable and their access is considered as is at the time of purchase, unless otherwise clearly noted.
A Limited-Time Access Class or Product is not-refundable after purchase. It is the sole responsibility of the Purchaser to complete a Class or collect the Product before losing access to it, and/or download all certificates and proofs of completion before the time expires. Any Class left uncompleted will remain as such until the Purchaser completes the necessary steps to access the Class again, which may incur an additional access fee or resubmission of payment.
The Company shall bear no responsibility if the Purchaser decides to delete their Site account before securing or claiming their purchased assets or certifications. A $15.00 (USD) fee is incurred for every certificate that requires manual reissuing if and after Purchaser deletes their Site account. Proof of transaction may be required.
5. Personal Information
By purchasing the Product, the Purchaser is asked to provide personal information including his/her name, email address, mailing and billing address. Purchaser agrees to allow Company access to this personal information for all lawful purposes. Purchaser is responsible for the accuracy of their identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to their identifying information or payment method in order to ensure secure and uninterrupted access to a Product.
The billing information provided to Company by Purchaser will be kept secure and is subject to the same confidentiality and accuracy requirements as Purchaser’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Class, Product and any associated license(s).
6. Warranties and Liability
The Company will make reasonable effort to ensure that the Product and Goods are accurate and fit for the use of all purchasers. However, Company takes no responsibility whatsoever for the suitability of the Product or Goods, and Company provides no warranties as to the function or use of the Product or Goods, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose.
Purchaser agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Purchaser’s breach of these terms and conditions. Company shall not be liable to Purchaser or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
7. Force Majeure
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
Company does not make any guarantees as to the results, including financial or other personal gains, of Purchaser’s use of the Product or Goods. Purchaser agrees to take responsibility for Purchaser’s own results with regard to using the Product or Goods.
9. Release & Reasonable Expectations
Purchaser has spent a satisfactory amount of time reviewing the Company’s business and has a reasonable expectation that the Company's Product and Goods will produce different outcomes and results for each Purchaser. Purchaser understands and agrees that a Product or Goods are intended for a mass audience.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time. Please email firstname.lastname@example.org if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
10. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
11. Governing Law
This Agreement has been made in and will be construed and enforced in accordance with the laws of New York State, as applied to agreements entered into and completely performed in New York. Any action to enforce this Agreement will be brought in the federal or state courts presiding in New York, New York U.S.A., and both parties expressly agree to be subject to the jurisdiction of such courts. Please reference Section 23 Governing Law in the Site Terms of Service, as these remain in full force and effect as associated with this Agreement.
12. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s).
The arbitration proceeding shall take place in New York, New York, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
How to contact us
You may contact us via the support/contact us form on the Website or emailing email@example.com.
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