PAYMENT POLICY & PROCEDURE

The purpose of this Payment Policy & Procedure (hereinafter – the “Payment Policy”) is to establish operational processes and procedures for all Websites that form the Network of the Michelle Irving (hereinafter – the “Provider”) to minimize risk and provide the greatest value.

 The following payment policy is considered part of the Terms and Conditions of the Website www.michelleirving.com.au

Hereinafter the Website www.michelleirving.com.au and every website that form the Network of the Michelle Irving will also be referred jointly to as ‘Website’ or ‘Site’.

By making any purchases through the Site (individually and collectively, the “Service”) you are accepting and agreeing to be bound by each of the conditions of sale and other Terms set forth herein.

The Service is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Website or the Provider services. If you do not meet all of these requirements, you must not access or use the Website without the supervision of an adult.

Definition

• Account: means an account registered by the User on the Platform.
• Agreement on the Storage of the Cardholder’s Credentials (hereinafter “ASCC”): the agreement between the Michelle Irving and the User. ASCC authorises the Provider and its payment service provider to store the User’s name, surname, card expiry date, and PAN number and/or to process transactions initiated by the User.
• Bank: means any bank, which collects payments made by the Users.
• Bank transfer: means an electronic transfer of the User's Funds from one bank/financial institution to another.
• Banking Day: means the part of a day on which the Bank is open to the public for carrying on substantially all of its banking functions.
• Cardholder: means any User, who makes payments on the Platform using a Payment card.
• Deposit: means a transfer of a certain amount of money to the User’s Account via a Payment card or Bank transfer.
• Online bank transfer: means a technical connectivity service enabling any User to fund their Accounts with a valid bank account by submitting an electronic transfer request to payment.
• Order: means a personal application to the Terms of Use making a purchase by the User.
• Payment card, Card, Debit card, Credit card: means a payment card Visa, Visa Electron, MasterCard or Maestro, which is used by the User as the means of payment on the Platform.
• Rules of International Payment Systems: means any rule, instruction, recommendation, etc., of MasterCard and/or Visa, which regulates order of processing transactions, technical requirements for processing transactions, as well as other provisions on acceptance of a Payment card.
• PayPal/Stripe: American companies operating a worldwide online payment system that supports online money transfers and serves as an electronic alternative to traditional paper methods like checks and money orders.
• User or Consumer: means a person or an entity that uses the Services, agrees to follow the Terms of Use and is a holder of an Account for purposes which are outside his business;
• Content: means any material in any form published on Our Website by us or any third party with our consent.
• Installment: This means an installment required in relation to a Payment Plan.

Agreement on the storage of the cardholder’s credentials (ASCC)

Before you can submit your order you may be required to provide a valid payment card number and associated information for a payment card that you are authorised to use, including any or all of the following:

• your name as it appears on the card;
• the credit or debit card type;
• the card, expiration date;
• any activation numbers or codes needed to charge your card; and
• the billing address or Sp code or postal code associated with the card
• or the Provider’s possibility to provide appropriate services it should obtain from the User, with the explicit consent, to store these credentials, in order to enable fast and safe payment, every time with the User’s explicit consent.

You authorise the Provider and our payment processor, as applicable, to use information you submit to charge your card or other payment methods for the price you submitted, in addition to any taxes, fees, and charges as described in these Terms,

• at our convenience, including as early as at the time the order is submitted; or
• for Website submissions, after you have confirmed your payment.

The User can accept or not accept the ASCC within the first payment process and every time before the transactions.

An online cancellation procedure for the ASCC is simply and easily accessible and is linked with the process of payment card removal.

You authorize us or our third-party payment processor to store your payment card information and, if needed, to continue billing your card.

Price

All the prices are indicated with the specific Service.

The price may have increased from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the changed price.

If you have purchased a Service that is on a scheduled Payment Plan must be paid off in full according to the schedule listed on the order form/order confirmation.

All services are billed in United States Dollars (USD) for global clients.

Please, be informed that in case the User’s local currency is different from United States Dollars (USD), it will be automatically converted into the above-mentioned currency.

Payment Method

For the Users’ convenience, the Provider offers several payment methods.

The variety of payment methods that are accepted may not be available or limited, as reflected in the purchase tool.

The Provider reserves the right, in its sole discretion, to accept only some of the services mentioned below:

• Bank Transfer

The Provider will accept from the User only transfer from Bank on which he/she is indicated as the account holder.

• Card Payment

The provider will accept only verified payment cards.

The User has the right to use several Payment cards as long as they are verified.

• Paypal

     Your payment will be processed before the service runs.

Upon selecting the Service, Consumers will be directed to a sales page whereby payment details are provided. Once completed, Consumers will receive an Invoice through their nominated email account. The Invoice will include a unique identifying number, this document authorises the charges concerning the Services to your Card.

• Stripe

     Your payment will be processed before the service runs.

Upon selecting the Service, Consumers will be directed to a sales page whereby payment details are provided. Once completed, Consumers will receive an Invoice through their nominated email account. The Invoice will include a unique identifying number, this document authorizes the charges concerning the Services to your Card.

 It is your responsibility to print or save a copy of each online invoice and retain such copy for your records.

 If the Provider makes an error on your invoice, you must contact us within 30 days after the error first appears on your bill.

The Provider will then promptly investigate the charge. If you do not contact us within that time, you release the Michelle Irving from all liability and claims of loss resulting from the error and the Provider will not be required to correct the error or provide a refund.

 In the event the charge does not go through, you may be able to re-submit a payment method.

For automatically renewing, we'll charge your payment method before the renewal time unless the service is canceled or you decline to renew it.

 If you are paying by payment card, we or our third-party payment processor may run one or more payment card authorisation checks on your card before then.

Automatic Renewal and Cancellation

On Your renewal date, the Provider will renew your contract automatically for the number of Services associated with your account unless you cancel or modify your subscription to the Services.

You should refer back to the offer describing the Services as

• You may not receive a refund at the time of cancellation;
• You may be obligated to pay cancellation charges;
• You may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and/or
• You may lose access to and use of Your account when you cancel the Services.

Suspension of Services

If the invoicing for the Services is not successful due to insufficient funds on Your part, the Provider may suspend or cancel the Services. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of Your account and its content.

 If you are not able to pay an instalment under a Payment Plan at the renewal time, we will process the payment a second time.

If the payment fails again and it would not be paid in 48 hours from the notice, the full amount then outstanding becomes immediately due and payable.

In this case, you authorize us to arrange the withdrawal of any outstanding funds on your payment method without further reference to you.

This includes, from the due date for payment until the date payment is received and capitalized:

- penalty, and

- interest on overdue amounts (charged at a rate of 2% per annum). This provision is expressly higher than the rate set by the Penalty Interest Rates Act 1983 (Vic).

Communication

For all payments, you must ensure there are sufficient funds available through the use of your payment method. You agree to notify us promptly in writing if the ASCC payment specified in any Plan is without funds, cancelled, suspended, due to expire, or otherwise ceases to be operative.

In this case, you must immediately register another payment method or pay the outstanding balance of installments and all other monies payable under this agreement.

 Refunds

All sales are final. Except as otherwise provided herein, any store credit(s) in your account will be applied to purchases, and will not be paid to you as a refund.

If a transaction exceeds the value or remaining balance of your store credit(s), the balance of the purchase price must be paid by you.

Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in the EU or European Economic Area:

In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

Your Right to Cancel for a membership products (not applicable to payment plans for our online group programs)You may cancel your membership subscription without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way the Services have been provided to you.

General Terms

Our Services may be provided by email / made available for you to download / in the way we have explained in our Website.

Services do not include Internet access. You are responsible for paying the fees charged by your Internet access or Wi‑Fi providers.

If you access the Services through wireless devices (for example, phones and tablets), your wireless carrier may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. You are solely responsible for any costs you incur to access the Services through any wireless or other communication services.

If we are not able to provide your Services within [10] days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.

We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.

If we change the nature or provision of the Services, you may terminate this contract.

We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of downtime, we will tell you in advance.

Please note that Michelle Irving will appear as the payee on your payment method.

Governing Law

These Terms shall be construed and governed in accordance with the laws of the Website Owner’s jurisdiction, and you submit to the non-exclusive jurisdiction of the Website Owner’s jurisdiction for the resolution of any disputes.

Any dispute arising out of or in connection with this Terms or any services, unless amicably settled between the Parties, shall be referred to the competent court or other dispute resolution authority, determined as per the procedural law of Website Owner’s jurisdiction. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority cannot consolidate or join more than one claim and cannot otherwise preside over any form of a consolidated, representative, or class proceeding.

Program Terms and Conditions

QUEEN OF THE UNDERWORLD, EMOTIONAL EMPOWERMENT AND ELATION Terms of Purchase 

Program / Service 

Michelle Irving agrees to provide services of ONLINE PROGRAMS (herein referred to as “Program or Programs”) and the Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program/Programs. 

Program/Coaching Structure 

The Program shall include:   

• All Group Program Masterclasses and Support Group Calls where you will have ample opportunity for Q and A and personalised support within the Masterclass group structure.
• Access to all Company’s Online Membership Portal, videos, worksheets, resources and templates.  

Payment  and Payment Plan Terms 

• All sales are final.
• If the Client does not fulfil the financial payment agreement in full or payment plan instalments, it is at the discretion of Michelle Irving to temporarily suspend or pause access to all Company’s Online Membership Portal, videos, worksheets, resources and templates, until the payments are made in good standing and are up to date with the financial agreement. There are no pause options or time extensions for the online programs.

No Transfer of Intellectual Property 

Non-Disclosure of Materials: Material given to the Client in the course of the Events is proprietary, copyrighted and developed solely and specifically by Michelle Irving. Original materials that have been provided to the Client are for the Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction and sale by the Client to a third party is strictly prohibited. 

All intellectual property, including Organizer’s copyrighted Events and/or program materials, shall remain solely and exclusively the property of Michelle Irving. No license to sell, reproduce or distribute Organizer’s materials is granted or implied. Client agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of Michelle Irving or Participants.

Refund and Cancellation Policy 

The Client acknowledges that by committing to this Program, the Client is committed to fulfill the financial obligations for the Client’s participation. There are strictly no refunds. Transfer of program is not available. 

Client Responsibility 

The Program has been developed for strictly educational purposes. Client accepts and agrees that Client is one fully responsible for their progress and results from the Program. Michelle Irving makes no representations, warranties or guarantees verbally or in writing. 

Client understands that because of the nature and extent of the Program, the results experienced by each Client may significantly vary. Client acknowledges that as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. 

Michelle Irving may change Program/Programs schedule, dates or program structure or content. Client will be notified of such changes with notice. 

Attendance of Masterclass Sessions 

Please make every effort to attend Group Sessions, Scheduled Lives or Masterclasses and be an active participant in the Program, in order to get maximum value. Every Masterclass is recorded after a Live Session, however it is your responsibility to show up with any questions you need for support. Every effort is made to answer all Questions Live, please note that no refunds will be given for non attendance of Live sessions. 

Coaching During Program 

You have access to professional group coaching or group consulting during your program duration. You acknowledge that there are no additional personalised coaching sessions by Michelle Irving included outside of the two private sessions for clients and Group Masterclasses. You acknowledge that you are aware that coaching is in no way to be construed as psychological counselling or any type of therapy. Coaching results and advice are not guaranteed. You enter into the program with the full understanding that you are responsible for your own mental health, and for your results.

Film/Recording Release 

Client hereby grants to Michelle Irving and its licensees, assignees, and other successors-in-interest, all rights of every kind and character whatsoever in perpetuity in and to Client’s appearance (hereinafter referred to as the “Appearance”) in connection with promotional footage, written script, testimonials, print images and photography for the Digital or in person Events, Classes or Workshops. 

Client hereby authorizes Michelle Irving to photograph, record, or release (on tape, film, print, website or otherwise), the Appearance; to edit at its discretion and to include with the appearance of others in the Events; and to use the Appearance in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name and likeness in connection with the Events. 

Client hereby waive all rights, release, and discharge Michelle Irving from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use of Client’s Appearance. Michelle Irving owns all rights and proceeds resulting from Client’s Appearance. Michelle Irving is not obligated to utilize the authorization granted by Client here under. 

Termination 

Michelle Irving is committed to providing all Clients with a positive experience. By accepting below, Client agrees that Michelle Irving may, at their sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Events without refund or forgiveness of monthly payments if the Client becomes disruptive to Michelle Irving or Participants, difficult to work with or upon violation of these terms. The Client will still be liable to pay the total Program/Programs amount. 

Choice of Law 

This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia. The following payment policy is considered part of the Terms and Conditions of the Website www.michelleirving.com.au 

By making any purchases through the Site and from Michelle Irving (individually and collectively, purchasing the “Service and Product”) you are accepting and agreeing to be bound by each of the conditions of sale and other Terms set forth herein.