⁣
Sofia Rose Bernardi⁣
⁣
Program Purchase Terms and Conditions⁣
⁣
Thank you for choosing Sofia Rose Bernardi.⁣
⁣
These terms and conditions govern your purchase of Programs from Sofia Rose Bernardi (Terms and Conditions).⁣
⁣
By clicking “accept” you agree to the terms and conditions set out below.⁣
⁣
Purchase Services⁣
The website www.sofiarosebernardi.com (Website) is operated by Rising Ventures Pty Ltd t/as Sofia Rose Bernardi (ABN: 12 654 808 787) (Sofia Rose Bernardi). ⁣
⁣
The Website provides you with an opportunity to browse and purchase programs that have been listed for sale (Program/s).⁣
⁣
You have agreed to purchase a Program through the Website.⁣
⁣
These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and Services information page (Information Page) of the Website.⁣
⁣
Acceptance of the Terms and Conditions⁣
You accept the Terms and Conditions by clicking to accept or agree and by proceeding with your purchase. ⁣
⁣
Personal Information⁣
When purchasing the Services, you will be required to provide personal information such as your full name, password and e-mail address.⁣
⁣
You agree that all details that you have provided in completing the purchase are true and correct.⁣
⁣
Your personal information is kept in accordance with the Sofia Rose Bernardi Privacy Policy (Privacy Policy) which is available on the Website. ⁣
⁣
Registration and Account Information ⁣
In order to purchase a Program, you will be required to register as a user of the Website. As part of the registration process you will be required to provide personal information about yourself (such as identification or contact details), including (but not limited to) your name, email address, business name, ABN and physical address.⁣
⁣
You warrant that any information you give to Sofia Rose Bernardi in the course of completing the registration process will always be accurate, correct and up to date.⁣
Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by these Terms and Conditions. ⁣
⁣
You may not purchase the Programs and may not accept the Terms and Conditions if you are not of legal age to form a binding contract with Sofia Rose Bernardi.⁣
⁣
Program Inclusions⁣
Scale School⁣
⁣
A 12 month Program that will provide coaches with the tools and support to build a 6 figure business and beyond. Scale School is an immersive program with intensive support and input from Sofia Bernardi during the 12 month period minimum or as long as you remain in the program.⁣
⁣
All inclusions of Scale School are only available for the time you are in the program. Scale School is a 12 month minimum commitment. It is not a monthly subscription or membership. ⁣
⁣
There are 2 Tiers that you can choose from in Scale School. If you choose Tier 1, you will have the inclusions of Tier 1. If you are in Tier 2, you will have the inclusions of both Tier 1 and 2. ⁣
⁣
As support is provided right from the beginning, we are unable to offer downgrades once commenced. There is no refund once you have purchased, except as may be required under Australian Consumer Law.⁣
⁣
Inclusions⁣
Scale School: Tier 1⁣
12 Months Access To The Scalable System Curriculum⁣
12 Months Of Skool Community Support⁣
4 Quarterly Virtual Weekend Retreats⁣
5 Weekly Group Calls⁣
Personalised Spacious Scaling Plan⁣
⁣
Scale School: Tier 2⁣
Everything in Tier 1⁣
Unlimited 1:1 Message Support Monday-Friday Via Slack⁣
6 1:1 Coaching Calls⁣
⁣
Scale School Foundations⁣
A 3-month program for new coaches to help them hit their first 5K month and beyond. All inclusions of Scale School Foundations are only available for the time you are in the program. Scale School Foundations is a 3-month minimum commitment with the option to re-sign on an ongoing basis if needed after the 3 months.⁣
⁣
Inclusions⁣
3 Months Access To The Scalable System Curriculum⁣
3 Months Of Skool Community Support⁣
1 Quarterly Virtual Weekend Retreat⁣
3 Weekly Group Calls⁣
Personalised Spacious Scaling Plan⁣
⁣
Your obligations as a Member⁣
As a Member, you agree to comply with the following:⁣
You will use the Purchase Services only for purposes that are permitted by:⁣
these Terms and Conditions;⁣
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;⁣
you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;⁣
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Sofia Rose Bernardi of any unauthorised use of your password or email address or any breach of security of which you have become aware;⁣
access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Sofia Rose Bernardi providing the Purchase Services;⁣
you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; and⁣
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Sofia Rose Bernardi for any illegal or unauthorised use of the Website.⁣
⁣
Purchase of Program ⁣
In purchasing a Program through the Website, you will agree to the payment of the purchase price listed on the relevant Program information page for the applicable Program (Purchase Price). ⁣
Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).⁣
⁣
In using the Payment Gateway Providers, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.⁣
⁣
Following payment of the Purchase Price being confirmed by Sofia Rose Bernardi, you will be issued with a receipt to confirm that the payment has been received and Sofia Rose Bernardi may record your purchase details for future use.⁣
⁣
You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.⁣
⁣
Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth). Where the services are provided outside Australia, GST is inapplicable.⁣
⁣
In the event that you are making payment under a payment plan, and any payment under the Terms and Conditions is not made in full on the due date, Sofia Rose Bernardi is entitled to charge you interest at the rate of 5% per annum, calculated daily from the due date until payment is received in full.⁣
⁣
You agree that if you default on any payments due and payable under the Terms and Conditions, any costs incurred by Sofia Rose Bernardi for steps taken to enforce payment terms will be recoverable and payable by you. ⁣
⁣
Delivery of Program and Licence Information ⁣
Each Program purchase grants you access to the Program through the online Program platform provided (Member Portal). ⁣
⁣
When you purchase a Program through the Website, Sofia Rose Bernardi grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Program and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).⁣
⁣
The Licence is valid for the Program term outlined on the Program information page of the relevant Program (Licence Term). This means the Program will be accessible via the Member Portal for the Licence Term only. After this time the Licence will expire and you will no longer be able to access the Program.⁣
⁣
The Programs are intended for use by one individual only within the Licence Term. Sharing your Licence is prohibited. This includes the sharing of any Program materials, digital resources, and access to any other aspect of the Program. ⁣
⁣
Program Refunds ⁣
You may notify Sofia Rose Bernardi of an intention to cancel your involvement in a Program as soon as practicable through e-mail to support@sofiaroseBernardi.com and abide by the following (Cancellation Policy). ⁣
⁣
Subject to your rights under the Australian Consumer Law, the Program is non-refundable. ⁣
⁣
If you have chosen to pay through a payment plan and you wish to terminate the Program early, Sofia Rose Bernardi reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Program will be revoked.⁣
⁣
For the sake of clarity, choosing to pay the Purchase Price via a payment plan does not amount to a subscription or membership, and you are not free to cancel your payments during the term of the payment plan. Please keep this in mind when choosing to pay the Purchase Price via a payment plan.⁣
⁣
Group Component Inclusions ⁣
Where a Program includes a group component, you will be considered a participant in the group component of the Program (Participant), and you expressly agree that you will not, through any means: ⁣
harm, harass, threaten or abuse other Participants; or⁣
send un-welcomed communication such as spam to other Participants; or⁣
act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or⁣
infringe the intellectual property or privacy rights of any Participant or any third-party.⁣
⁣
Sofia Rose Bernardi, at its discretion, reserves the right to remove, edit or alter any content created by you or on any group communication platform utilised in the delivery of a Program. ⁣
⁣
Sofia Rose Bernardi retains the right to deny you access to a Program at any time for breach of these Terms and Conditions.⁣
⁣
Warranty ⁣
Sofia Rose Bernardi will use its best efforts and take all reasonable steps to help you achieve the desired results. ⁣
⁣
However, Sofia Rose Bernardi makes no warranty that the Programs will meet your requirements or that all participants will achieve the same results.⁣
⁣
The Programs come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a Program, you are entitled to cancel your contract with Sofia Rose Bernardi, and where applicable, are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.⁣
⁣
Disclaimer⁣
Sofia Rose Bernardi is a qualified life coach and is not a medical professional, psychologist or counsellor. The information provided in the Programs and Program material is not a substitute for medical advice, diagnosis or treatment. ⁣
⁣
Sofia Rose Bernardi does not guarantee specific outcomes from your participation in a Program. You are solely responsible for creating and implementing your own business, financial, marketing, mental decisions, choices, actions and results arising out of or resulting from the Program and any involvement in a group component of a Program. As such, you agree that Sofia Rose Bernardi is not and will not be liable or responsible for any actions or inaction, including effects on your business, personal life or career, or for any direct or indirect result of any Programs provided by Sofia Rose Bernardi.⁣
You understand that the Programs, and any information you receive through your involvement in a Program, or through any materials and documents provided to you are not a substitute for medical, psychological, legal, business or financial advice. Sofia Rose Bernardi recommends you seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Programs. ⁣
⁣
Sofia Rose Bernardi will not be liable in any way for your use of, or reliance upon, the information or advice provided to you.⁣
⁣
Information Disclaimer⁣
Any information, advice, content or documentation provided through the Program or Program materials do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.⁣
All care is taken in the preparation of the information and published materials provided through the Programs. Sofia Rose Bernardi does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. ⁣
⁣
To the extent permissible by law, Sofia Rose Bernardi will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation provided through the Programs. ⁣
⁣
Liability and waivers⁣
Liability⁣
Sofia Rose Bernardi’s total liability arising out of or in connection with the Programs or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of a Program to You. ⁣
⁣
Waivers⁣
A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.⁣
⁣
Disclosure and Use of Confidential Information⁣
Confidential information means any information that is:⁣
processes, methodologies, statements, formulae, trade secrets, information (and copies and extracts made of or from that information and data) that is not in the public domain; and⁣
confidential by nature, stipulated as confidential or any other information that would be reasonably considered to be confidential due to the value of the information (Confidential Information).⁣
All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of services. ⁣
⁣
Sofia Rose Bernardi must not disclose any Confidential Information to any third party without your prior consent.⁣
⁣
These Terms and Conditions prohibits the disclosure of Confidential Information by Sofia Rose Bernardi with exception to the following circumstances:⁣
the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms and Conditions and you have consented to the disclosure of such information to the professional adviser;⁣
the disclosure is required by applicable law or regulation; or⁣
if the confidential information is already in the public domain at no fault of Sofia Rose Bernardi.⁣
⁣
Copyright and Intellectual Property Rights⁣
You agree that any works, documentation, materials, Program content, creative works or information of whatever nature produced or developed by Sofia Rose Bernardi or under Sofia Rose Bernardi’s direction pursuant to or in the course of providing the Programs will remain the sole and complete property of Sofia Rose Bernardi, except for any pre-existing intellectual property owned by you or materials specifically incorporating your confidential information or personal data. ⁣
There is no assignment of intellectual property rights by Sofia Rose Bernardi to you pursuant to these Terms and Conditions. However, Sofia Rose Bernardi grants you a non-exclusive, non-transferable license to use the Program materials for your personal, non-commercial use in connection with your participation in the Programs.⁣
⁣
Nothing in these Terms and Conditions affects the moral rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.⁣
⁣
Dispute Resolution & Mediation⁣
If a dispute arises out of or relates to a Program or these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute (except for urgent interlocutory relief or debt recovery proceedings), unless they have first attempted in good faith to resolve the disagreement through mediation with an appropriate mediator to be appointed by agreement or, failing agreement within 14 days, by the Chair of the Queensland Law Society. If the dispute is not resolved within 60 days of the mediator's appointment, either party may commence legal proceedings.⁣
⁣
Force Majeure⁣
If circumstances beyond Sofia Rose Bernardi’s control prevent or hinder its provision of the Services, Sofia Rose Bernardi is free from any obligation to provide the Services while those circumstances continue. Sofia Rose Bernardi may elect to terminate these Terms and Conditions or keep them current until such circumstances have ceased.⁣
⁣
Circumstances beyond Sofia Rose Bernardi’s control include, but are not limited to, pandemics, strikes (other than strikes of Sofia Rose Bernardi's own employees), lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders that directly prevent performance, and failures or malfunctions of computers or other information technology systems not caused by Sofia Rose Bernardi's failure to maintain adequate systems.⁣
⁣
For the sake of clarity, if in Sofia Rose Bernardi’s reasonable opinion, the provision of the Services will be affected by a pandemic, Sofia Rose Bernardi may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Sofia Rose Bernardi will not be liable for any losses or damage due to a pandemic. If You choose to terminate these Terms and Conditions due to a pandemic, the relevant cancellation or termination clause will apply. ⁣
⁣
Indemnification⁣
You hereby indemnify and agree to keep indemnified Sofia Rose Bernardi against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.⁣
⁣
Marketing ⁣
By submitting testimonials or reviews related to a Program, you grant Sofia Rose Bernardi a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such testimonials or reviews in any media, for marketing, advertising, and promotional purposes. You acknowledge that Sofia Rose Bernardi may use your testimonials or reviews with your full name, or anonymously, and agree that Sofia Rose Bernardi is under no obligation to compensate you for the use of your testimonials or reviews.⁣
⁣
Governing Law & Jurisdiction⁣
These Terms and Conditions are governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in relation to the Purchase Services or the Services, Sofia Rose Bernardi agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Queensland, Australia.⁣
⁣
No partnership or agency⁣
Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.⁣
⁣
Assignment⁣
These Terms and Conditions may not be assigned without the consent of both parties.⁣
⁣
Variation⁣
These Terms and Conditions may not be changed or modified in any way except in writing.⁣
Independent Legal Advice⁣
You acknowledge that you have had the opportunity to read these Terms before agreeing to them and to seek independent legal advice if you wish to do so.⁣
⁣
Severance⁣
If any part of these Terms and Conditions is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms and Conditions will remain in force.⁣
⁣
Entire Agreement ⁣
These Terms and Conditions constitute the entire agreement of the parties in respect of the matters dealt with in these Terms and Conditions and supersedes all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in these Terms and Conditions.⁣