Public Offer Agreement​​

November 1, 2024

General Provisions

1.1. This Agreement is an official offer (public offer) made by Vastu Production Limited, located at 15F, Radio City, 505 Hennessy Road, Causeway Bay, Hong Kong (hereinafter referred to as the "Service Provider," the First Party), to enter into a contract under the terms outlined below with any individual (hereinafter referred to as the "Client," the Second Party). This document constitutes a public offer.

1.2. Any individual who accepts this public offer acquires all the rights and obligations of the Client as set forth in this Agreement.

1.3. Acceptance of this public offer occurs when the Client makes full or partial payment for the informational and consulting services as per the terms of this Agreement. From the moment funds are credited to the Service Provider’s account as payment for the services, this Agreement is considered concluded between the Client and the Service Provider.

1.4. Acceptance of this Offer and, consequently, the conclusion of this Agreement implies that the Client has sufficiently reviewed the terms of this Agreement, the rules of the payment system (hereinafter referred to as the "System"), the specifics of the System's operation, and the website where the training materials are hosted. The Client acknowledges the unconditional suitability of the System and the website for performing actions and achieving the purposes that are the subject of this Agreement.

1.5. By accepting this Offer, the Client confirms that the provision of services by the Service Provider under this Agreement remotely, using software (hereinafter referred to as "Software"), is fully compatible with the Client's ability to use services provided in this manner.

1.6. The current version of this Offer Agreement is always available at the following address: _______________.

1.7. In this Agreement, unless expressly stated otherwise, the following terms shall have the meanings specified below:

1.7.1. Webinar:

• A video presentation of a training program with comments provided by the Service Provider.
• A live broadcast of the Service Provider’s presentation, conducted using specialized Software.
  The Client may ask questions related to the webinar topic via the webinar chat room or other online communication methods.

1.7.2. Agreement: This document, published online, sent via email for review, or made available by any other means for the purpose of acquaintance.

1.7.3. Coaching: A form of informational and consulting service provision aimed at the following goals:

• Developing and refining the Client’s skills and abilities as per the coaching program.
• Creating conditions for the Client to independently identify solutions to specific problems within the thematic scope of the coaching program.

1.7.4. Software (Software): A browser (such as Internet Explorer, Firefox, Google Chrome, or similar) for accessing online information resources, as well as other programs for processing provided information. The Client is responsible for ensuring the availability of such Software on their personal computer or mobile phone.

1.7.5. Website: The collection of information, texts, graphic elements, design, images, photos, videos, and other intellectual property, as well as software, belonging to the Service Provider. This information is hosted on an information system accessible via the Internet at the following addresses: _______________.

2. Subject of the Agreement

2.1. The subject of this Agreement is the provision of paid informational and consulting services to the Client, which may include individual and group coaching sessions, the delivery of informational products such as online seminars (intensives), online training programs, online conferences, in-person (“live”) training sessions, master classes, and conferences. Services also include the provision of recordings of such events in mp4 format or links for viewing, training materials in pdf format (e.g., books and checklists), audio content in mp3 format or links for listening (hereinafter referred to as the “Services” or “Service”).

2.2. The Client agrees to pay for the Services, and the Service Provider undertakes to provide such Services in accordance with the package selected by the Client.

2.3. The topics, programs, pricing, and registration procedures for the Services are listed on the specific sales page of the relevant Service.

2.4. The Service is provided remotely by the Service Provider via the Internet using software (hereinafter “Software”), unless otherwise stated on the sales page of the relevant Service.

2.5. The Service is limited to providing the Client with information and developing skills for its independent application.

3. Service Delivery Timelines

3.1. The Services under this Agreement are provided within the timelines specified on the sales page of the relevant Service.

3.2. At the discretion of the Service Provider, the timeline for certain types of Services may be extended to allow the Client to effectively complete the course (i.e., to assimilate the information provided by the Service Provider) if the Client's overall preparedness and progress do not permit completion within the specified timeframe.

3.3. Services are deemed to have been delivered with appropriate quality and within the agreed timeline, and accepted by the Client, if within 3 (three) calendar days after the specified timeline for the relevant Service (per Clause 3.1), the Client does not submit a written objection regarding the quality or scope of the Services to the following address: _____________.

3.4. Access to the primary course materials and additional content remains available to the Client for 3 months after the completion of the Service, provided payment has been made.

4. Service Delivery Procedure

4.1. The Service Provider delivers the Services under this Agreement in accordance with the package selected by the Client.

4.2. Access to the Services is provided as follows:

4.2.1. For individual and group coaching sessions (e.g., mastermind groups), the Service Provider will notify the Client of the time and place of the session via the email provided during payment (or registration). If another notification method is agreed upon by the Parties, it will be used.

• The Service Provider is considered to have fulfilled their obligations when the session is conducted within the agreed timeline, quantity, and procedure specified on the sales page or agreed upon by the Parties.
• If the Client fails to attend an individual session without a valid reason or does not reschedule the session in advance, the Service Provider’s obligations will be considered fully fulfilled at the originally scheduled time.
• For group coaching sessions, the Service Provider’s obligations are considered fulfilled regardless of the Client’s attendance, as long as the session is conducted according to the schedule.

4.2.2. For online seminars, intensives, and conferences, the Service Provider will notify the Client of the time and place via email. Two reminders will be sent: one no later than 6 hours and another no later than 1 hour before the event.

• The Service Provider is deemed to have fulfilled their obligations upon conducting the event, regardless of the Client’s participation.

4.2.3. For online training programs that grant access to a private section of the Service Provider’s website containing training materials and webinar recordings:

• The Service Provider will provide access credentials (passwords) within 24 hours of receiving payment. This information will be sent to the email address provided by the Client during purchase.
• The schedule and participation details for webinars within the training program will be provided in accordance with Clause 4.2.2.

4.2.4. Webinars as part of an online training program are conducted at least twice a week unless otherwise stated in the course program. Recordings of the webinars are made available within 2 (two) business days of their completion.

• During public holidays, the schedule for webinars may be adjusted, with current webinars rescheduled to the nearest business day.
• In cases of unforeseen circumstances beyond the Service Provider’s control, webinars may be postponed. The Client will be notified promptly via email and other communication methods.
• The Service Provider is considered to have fulfilled their obligations upon conducting the webinars as scheduled and described on the sales page.

4.3. For Services that involve completing assignments:

• Submission of assignment reports is mandatory to gain access to subsequent lessons.
• Assignments for applicable packages are reviewed within 24 (twenty-four) business hours, excluding weekends and holidays. Reports submitted on non-working days will be reviewed on the next business day.
• Feedback on assignments may be provided in written comments on the website or orally during the next webinar. Completion of the review process may also grant access to subsequent lessons.

4.4. For Services involving the provision of video recordings (mp4 format), training materials (pdf files), and audio content (mp3 files):

• Access to view, download, or listen to such materials will be provided within 24 hours of receiving payment.
• The Service Provider is considered to have fulfilled their obligations upon sending links or granting access to the materials via email or the private section of the website.

4.5. For in-person training sessions and seminars:

• Details of the time, place, procedure, and conditions will be published on the event’s sales page. The Service Provider may also send this information via email to the Client.
• The Service Provider is considered to have fulfilled their obligations upon conducting the event according to the program and schedule listed on the sales page.

4.6. The Client is responsible for keeping track of updates and notifications from the Service Provider regarding this Agreement.

5. Rights and Obligations of the Parties

5.1. The Service Provider Obligations:

5.1.1. Deliver Services in a proper manner and within the specified timelines.
5.1.2. After confirming payment, provide the Client with instructions for using the remote program, training materials, and access to the selected Service.
5.1.3. Maintain the confidentiality of the Client’s personal data without their consent and process it solely to fulfill this Agreement in accordance with the Service Provider’s Privacy Policy.

5.2. The Service Provider Rights:

5.2.1. Refuse to provide Services if payment for the selected Service is not received within the specified timeframe.
5.2.2. Require the Client to fulfill their obligations in good faith and treat other course participants and the Service Provider respectfully.
5.2.3. Amend the terms of this Agreement unilaterally without prior consent from the Client, ensuring the updated terms are published on the website specified in Clause 1.6 of this Agreement at least one day before they come into effect.
5.2.4. Modify the schedule for uploading training materials, feedback sessions, and other consultations while maintaining their regular frequency. The Service Provider may also amend or supplement the content of lessons and assignments for the Client.
5.2.5. Terminate this Agreement unilaterally in the event of a significant breach of its terms by the Client. In this case, any amounts paid by the Client are non-refundable and will serve as a penalty for the Client’s actions.

• A significant breach includes any violation of copyright laws of the Hong Kong Special Administrative Region (HKSAR), including a single violation of Clause 5.3.7 of this Agreement.
• At the Service Provider’s discretion, any breach of Clauses 5.3.4 to 5.3.11 may be deemed significant if committed once or more than twice.

5.2.6. Engage third parties to provide Services under this Agreement.

5.3. The Client Obligations:

5.3.1. Independently review information about the timelines, program, and conditions of the Service on the sales page of the corresponding Service.
5.3.2. Ensure the availability of a personal computer or portable (mobile) device with Internet access, headphones, a microphone, and the necessary Software for accessing the purchased Service.
5.3.3. Adhere to the training program schedule, follow assignment goals and requirements, meet deadlines for homework, comply with the Service Provider’s recommendations, and actively participate in webinars (individual or group coaching sessions) as part of the purchased Service.
5.3.4. Make timely payments for the Services within the specified deadlines.
5.3.5. Provide accurate and up-to-date information necessary for receiving training materials and enabling effective communication with the Service Provider, including full name, a valid email address, and a contact phone number.
5.3.6. Respect the rules of conduct during webinars and show courtesy toward the Service Provider and other participants.
5.3.7. Not record, distribute (publish, post on websites, copy, share, or resell) any materials provided under this Agreement for commercial or non-commercial purposes. The Client also agrees not to create informational products based on such materials for profit or use them for any purpose other than personal use.
5.3.8. Keep passwords for accessing the private section of the website or special Software confidential. The Client must also maintain the confidentiality of webinar recording links provided under this Agreement.
5.3.9. Refrain from modifying the software elements of the website used to provide Services or attempting to alter its functionality.
5.3.10. Avoid posting personal data of third parties on the website without their consent, including addresses, phone numbers, passport details, and email addresses.
5.3.11. Refrain from posting commercial advertisements, promotional materials, or unsolicited information on the website unless explicitly approved by the Service Provider.

5.4. The Client Rights:

5.4.1. Demand proper performance of the Service Provider’s obligations under this Agreement.
5.4.2. Obtain information about any matters related to the organization and delivery of Services under this Agreement.

6. Cost of Services and Payment Terms

6.1. The cost of informational and consulting services under this Agreement is specified on the sales page of the respective Service and may be changed by the Service Provider at any time unilaterally. The new cost takes effect upon publication and does not apply to Services paid for prior to the publication of such changes.

6.2. The Client shall pay for the selected Service in advance, in full (100% of the Service cost).

6.3. Partial payment for the Services (in two or more installments) may be agreed upon by the Parties. The terms of installment payments (amount and deadlines) are agreed upon individually or pre-defined by the Service Provider on the Service sales page.

• If the Client breaches the installment payment terms, the Service Provider has the right to suspend the provision of Services until the Client remedies the breach. A notification of such suspension will be sent to the Client's email address provided during the course payment.
• If the Client does not resolve the breach within 5 (five) days of the notification, this Agreement shall be considered fulfilled to the extent of the Services paid for and terminated at the Client’s initiative. Any amounts previously paid will not be refunded.

6.4. The Client may pay part of the Service cost under a "trial period" plan to evaluate the content and quality of the Services for a specific period, reserving the purchase terms at the time of the trial.

• The trial period duration and cost are determined by the Service Provider on the respective Service sales page.
• The Client must pay the remaining balance by the end of the trial period based on the agreed Service price.
• Failure to pay the remaining balance by the end of the trial period will result in the Agreement being considered fulfilled to the extent of the Services paid for and terminated at the Client’s initiative. Any amounts previously paid will not be refunded.

6.5. The Client may, with the Service Provider’s consent, reserve a spot in a training program by paying a deposit. The deposit amount and payment terms are specified on the Service sales page.

• The deposit will be applied to the final course payment.
• Failure to pay the remaining balance by the specified deadline before the program’s start will result in the Agreement’s termination at the Client’s initiative. Previously paid deposit amounts will be refunded, minus any actual expenses incurred by the Service Provider.

6.6. The Client may pay for the Services via bank transfer, cash payment at a bank branch, payment systems, electronic funds, or other methods indicated by the Service Provider on the Service sales page.

6.7. Payment is deemed completed when the funds are credited to the Service Provider's account.

7. Refund Terms and Conditions

7.1. The Client may request a refund for purchased Services (except for those specified in Clause 7.2) before the Service is fully provided.

7.2. Refunds are not available for in-person (“live”) training sessions and seminars due to the Service Provider incurring expenses for such events (e.g., payments to third parties) before the event begins.

7.3. When considering a refund, the Service Provider may deduct actual costs incurred up to the refund request date. Actual costs include, but are not limited to:

• The cost of training materials and webinars already provided.
• Salaries or fees for program instructors or consultants who checked assignments.
• Costs associated with Software used during training or third-party services.
• The value of bonus materials (priced at the time of course purchase).
• Banking or payment system fees for processing the refund.

The specific amount of actual costs is determined by the Service Provider but cannot be less than 10% of the Service cost.
If the Client has not used the provided materials or attended webinars without valid reasons supported by documentation, such materials and services will still be included in the Service Provider’s expenses.

7.4. Refund requests submitted after the period specified in Clause 7.1 will be considered but are not subject to approval. The refusal is due to prior payments to third parties involved in organizing the training program.

7.5. Refund requests are accepted only in writing using the established form. Requests must be sent to the Service Provider’s email: _______________.

• The Client must complete the refund form, print it, sign it, scan it, and email it to the Service Provider in PDF or JPEG format.

7.6. The refund request must include:

• The recipient’s name and the applicant’s details.
• The amount paid for the Service.
• Reasons for the refund request.
• Bank details for the refund.
• Attachments (e.g., proof of payment), date, signature, and clarification of the signature.

7.7. The refund request must be accompanied by a photocopy of the applicant’s ID and a screenshot or copy of the payment receipt in PDF or JPEG format.

7.8. The Service Provider will decide on the refund request within 10 (ten) business days of receiving the written request.

7.9. Refunds are processed to the Client’s payment account within 14 (fourteen) business days after the refund decision is made.

7.10. Upon approval of the refund request, the Client’s access to the training materials will be revoked within 1 (one) business day of the Service Provider notifying the Client of the refund decision. The refund request will also be considered a withdrawal of the Client’s prior acceptance of this Agreement (as specified in Clause 1.3).

8. Liability

8.1. In the event of a breach of this Agreement, the Parties shall bear liability in accordance with the applicable laws of the Hong Kong Special Administrative Region (HKSAR).

8.2. The Service Provider is not liable for the inability to provide Services to the Client due to circumstances beyond the Service Provider’s control, including but not limited to Internet disruptions, equipment or software issues on the Client’s side, failures in email services (including emails from the Service Provider being filtered into spam). In such cases, the Services are considered properly provided and fully payable.

8.3. No information, materials, or consultations provided by the Service Provider under this Agreement can be considered as guarantees of achieving specific results, as outcomes depend entirely on the Client’s actions, personal qualities, and ability to assimilate and apply the knowledge and materials provided. Decisions made based on the Service Provider’s information are solely the Client’s responsibility. The Client assumes all risks associated with using the materials and information provided.

8.4. The Parties are released from liability for failure to perform or improper performance of obligations under this Agreement during the period of force majeure. During such time, neither Party may make claims against the other, and each Party assumes its own risks related to such events.

• The Service Provider shall notify the Client of force majeure events by posting the information on the website or via email provided by the Client during payment.
• The Client must notify the Service Provider via email at ________ with the subject line "Force Majeure."
• Force majeure events include but are not limited to: fire, flood, earthquake, strikes, natural disasters, war, military actions, enforcement of legal or regulatory acts, or unexpected hospitalization supported by documentation. These events must be beyond the Parties’ control, prevent the fulfillment of this Agreement, and occur after its conclusion.
• Lack of time to complete the program, being on vacation, a business trip, or failure to pay for Internet access or equipment issues are not considered force majeure.

8.5. The Service Provider’s total liability under this Agreement, for any claim or action, is limited to the amount paid by the Client. Only actual damages can be recovered; lost profits are excluded.

9. Personal Data and Its Use

9.1. The Client consents to the processing of their personal data provided when purchasing Services and registering on the private section of the website.

9.2. Processing of personal data includes recording, organizing, accumulating, storing, updating, retrieving, using, transferring, anonymizing, blocking, deleting, and destroying data, excluding data requiring special written consent under HKSAR law.

9.3. Personal data processing is carried out to fulfill the Service Provider’s obligations under this Agreement, ensure feedback for the Client regarding the website, training programs, and video courses, and to send information and promotional messages to the email address provided by the Client.

9.4. Personal data is processed using databases operated by the Service Provider.

9.5. The Client may withdraw consent for personal data processing by notifying the Service Provider at: ___________. The Client acknowledges that withdrawing consent may result in deletion of participation-related information, including access to the private section of the website and course materials.

9.6. The Client consents to receiving informational and promotional materials from the Service Provider via email and phone, which can be withdrawn by notifying the Service Provider at: ___________.

9.7. The Client consents to the use of their image as a profile photo (avatar) by the Service Provider on a gratuitous basis.

10. Copyright Protection

10.1. The website used for selling and providing Services contains intellectual property owned by the Service Provider, affiliates, representatives, and other authorized parties.

10.2. By using the Service Provider’s website(s), the Client acknowledges and agrees that all content and structure are protected by copyright, trademark, and other intellectual property laws. No rights to any website content, including audiovisual works, text, graphics, software, or trademarks, are transferred to the Client.

10.3. When quoting materials from the Service Provider’s website, the Client must provide a link to the source.

10.4. If the Client violates provisions regarding copyright protection, the Service Provider may seek compensation for all incurred damages, including lost profits.

11. Final Provisions

11.1. This Agreement becomes effective upon acceptance by the Client as per Clause 1.3 and remains valid until all obligations are fulfilled by both Parties.

11.2. For matters not covered by this Agreement, the Parties shall follow the applicable laws of HKSAR.

11.3. Any disputes or disagreements arising between the Parties shall be resolved through negotiation. A pre-claim procedure is mandatory.

• The recipient of a claim shall respond in writing within 30 calendar days of receipt.
• If an agreement is not reached, the dispute shall be submitted to a court in accordance with HKSAR law at the Service Provider’s place of registration.

11.4. If any provision of this Agreement is deemed invalid or unenforceable by a court, the remaining provisions shall remain valid and enforceable.

12. Service Provider Details

Vastu Production Limited, located at 15F, Radio City, 505 Hennessy Road, Causeway Bay, Hong Kong