Background

This Program Terms and Conditions (the “Agreement”) is a legally binding contract between you (the “Participant”) and Rising Ventures Pty Ltd ACN 654 808 787 (Sofia’s company) and covers the purchase of the Programs referred to below. In this Agreement, “Rising Ventures Pty Ltd” and “Sofia Bernardi” are referred to interchangeably as Sofia is the creator and Facilitator of all Programs owned by her company. Please read this Agreement carefully and contact sofia@sofiarosebernardi.com if you would like to discuss any aspect of this Agreement. You are deemed to have accepted the terms in this Agreement upon paying fees for your selected Program.

 

Programs

Sofia Bernardi currently offers the following programs (“Programs”):

 

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. There is a curriculum course + 2 Tiers that you can choose from in Scale School. If you choose the Curriculum Course, you will have the inclusions of the Curriculum only. If you choose Tier 1, you will have the inclusions of the Curriculum and 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: Curriculum

• Lifetime Access To The Scalable System™ Curriculum

• Lifetime Access To 100 Leads In 10 Days Course

• Lifetime Access To Tech Tutorials Course

• 12 Months Of Group Facebook Community

• 4x Quarterly Virtual Weekend Retreats

Scale School: Tier 1

• Everything in Curriculum

• 3 Bi-Weekly Group Q&A Calls

• Bi-Weekly Group Workshops

• Expert Guest Masterclasses

• Monthly Planning Sessions

Scale School: Tier 2

• Everything in Tier 1

• Unlimited 1:1 Message Support Monday-Friday

• 6 1:1 Coaching Calls Over 12 Months

• Weekly Copy Review

• Weekly Canva Graphic Design Support

• Personalised 12 Week Roadmap

Unstoppable You

This Program is a 1:1 coaching package personally tailored to the client’s goals, needs and requirements. There is no refund once you have purchased, except as may be required under Australian Consumer law. 

Inclusions 

• 1:1 Zoom calls 
• Unlimited 1:1 Support In A Private Slack Channel Monday-Friday

Resources

Program Participants can access a library of resources via the online Program portal, including audio, videos, worksheets, tools, and support.

 

Terms

You understand and agree: This Agreement will begin upon payment of the Program fees. It will apply for the duration of the relevant Program and completion of any payment plan beyond the Program’s length.

 

Fees And Payment

All program fees are as advertised on the website. Program fees may change from time to time, and the website will be updated accordingly with new pricing. Payment plans are available upon application. An approved payment plan is by recurring direct debit from a nominated credit card over an agreed term. A payment plan processing fee may apply to some program payment plans. Fee information, if applicable, is available on the Program Payment page. All payments must be completed online via Stripe, PayPal or bank transactions.

 

Late Payments

A five-day grace period is applied to late payments. Payments overdue by more than five business days will incur a late payment fee of 10% per annum (calculated daily from the date due) on the outstanding amount. Sofia Bernardi reserves the right to vary fees at any time. Changes in fees will not affect you and will only apply to a new round of program delivery. From time to time, Sofia Bernardi may provide promotional offers to which these Terms apply. 

 

Refund Policy

You understand and agree: There is no refund for change of mind for any Program referred to in this Agreement. You remain liable for the remainder of the Program fee regardless of whether you paid in full or by payment plan. Your commitment to your success and completion of your selected Program is required to gain maximum results from the Program. Rising Ventures Pty Ltd handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Refunds are not permitted for coaching services at Rising Ventures Pty Ltd. Where your payment method is via a payment plan and a refund is approved, administrative costs $120 USD will be calculated and deducted from the total fees owing to Sofia Bernardi. You will remain liable for the balance of the payment owed to Sofia Bernardi. Failure to pay at any time is a breach of this Agreement, and we are entitled to seek legal relief and remedy for this breach and recover the debt you owe. Outstanding accounts will be referred to a third party for debt collection.

Content Release And Availability 

Group calls are delivered and recorded on Zoom for Scale School and added to the Online Program Portal. Online Portal resources include but are not limited to: group coaching call recordings, worksheets and videos. Content is continuously added to the Online Portal as each Program evolves.

 

Online Program Portal

You must register your details to access the Program content in the Online Program Portal. You are responsible for ensuring the details you provide are correct and current. Your password will be emailed to you in your welcome email. You are responsible for updating your profile in the membership portal if your email address or any other relevant details change.

 

Password Security 

You are solely responsible for the protection and confidentiality of any password that may be issued to or subscribed for by you from time to time.  You will not share your password with any other person. You will notify us immediately if your password is lost or becomes known to anyone else. You are solely responsible for access and use of this Site via your password, whether such access or use is by you or any other person; and the personal information you provide to the Program will be treated strictly under our Privacy Policy.

 

Communication

You understand and agree: Day-to-day support for the Program duration is via the exclusive Program Facebook Support Group and Slack for Tier 2 of Scale School. Unless your communication is personal or confidential, you are requested to post all questions, comments, and observations to the Facebook Group. The Facebook Group helps build connections and facilitate group learning, peer support, and education. With any private matters such as queries regarding the Program, accounts, or personal issues, please email support@sofiarosebernardi.com. Emails are responded to within 72 hours during business hours, Monday to Friday. All queries relating to your personal development are to be addressed in the group coaching sessions or directed to the Program’s Facebook community.  

 

Commitment And Conduct

You understand and agree: Your commitment includes but is not limited to: completing the entire Program you have purchased with full participation, attending Program group coaching calls when possible, communicating with Sofia Bernardi when required, being present and engaged in the private Facebook Support Group, being committed to achieving your defined outcomes, supporting others in the Program.

 

Facebook Support Group

The private Facebook Group is by invitation only for the Program Participants inside Scale School. The sole purpose of the Facebook Support Group is to provide a private forum for Participants to ask questions and access group coaching calls. You agree to abide by the Facebook Group rules of conduct, privacy and confidentiality of group discussions, member details and posts relating to their personal stories and businesses. You are prohibited from promoting your business, other Facebook groups and similar programs and courses to the Programs under this Agreement, in the Facebook Group or by private message to other group participants. Abusive and disrespectful conduct will result in removal from the Facebook Support Group. Sharing posts from the Facebook Group, including images, is strictly prohibited, and this conduct will result in immediate removal from the group. You will respect the confidentiality of each Participant in all group coaching calls. You will not discuss another participant or their personal stories in an individual or professional context, outside the group, for any reason, without the Participant’s express written permission. 

 

Technology Issues

Sofia Bernardi shall not be held responsible if there are any problems with the website or if the host or network should go down due to circumstances beyond our control. When it is within our control, we will do our best to get the system back up as soon as possible. Sofia Bernardi shall not be liable to you or any other party because of any viruses or malware that may infect your or any other party’s electronic equipment. You agree that you: Will not use any robot, spider or other devices, process or means to access the Program. You will not compromise or circumvent the security controls of the Program or otherwise gain unauthorised access to the Program and will not attempt to interfere with the proper working of the Program.

 

Confidentiality

All information shared with Sofia Bernardi during individual coaching sessions is confidential and will not be shared with a third party unless required by law. Personal and business information provided by you is managed by our Privacy Policy.

 

Intellectual Property And Copyright

All material, including but not limited to videos, call recordings, resource downloads, and templates available in the Program and within any program created by Sofia Bernardi, are the property of Rising Ventures Pty Ltd and Sofia Bernardi and their affiliates or licensors. Accordingly, they are protected by copyright, trademark, and other intellectual property laws. All material, including but not limited to videos, call recordings, resource downloads, and templates available in the Program and within any program created by Rising Ventures Pty Ltd and Sofia Bernardi, is provided solely for your personal, non-commercial use. You may not use any of the materials available in the Program or any teaching platform or in a manner that infringes any of our rights or that has not been expressly authorised by us. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material the Program or related programs without the express permission of Sofia Bernardi. You may request such permission by emailing support@sofiarosebernardi.com.

 

Disclaimer 

You understand and agree: You have engaged Sofia Bernardi’s services and purchased the Program at your own risk. All content, resources and coaching are provided for personal use and information only. Sofia Bernardi does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your results from the Programs. Sofia Bernardi can not guarantee your ability to get results and improve your business, health, lifestyle or otherwise with our coaching, tools, ideas, information, or strategies. Results depend on various factors, including but not limited to your current health status, financial status, commitment, personal ability, and dedication, and in no way dependent on any information or strategy provided to you by Sofia Bernardi.

 

Medical Disclaimer

Sofia Bernardi is a qualified life coach. Sofia Bernardi is not a qualified medical professional, psychologist or counsellor. The information provided in the Program is not intended to, cannot, and should not be expected to be a substitute for advice and treatment from a qualified medical practitioner. The information provided by Sofia Bernardi is not intended to, cannot, and should not be expected to be a substitute for advice and treatment from a qualified medical practitioner. The Program does not replace any treatment plans or protocols for diagnosed illnesses or medical conditions. You are advised to consult your doctor before making any health-related decisions during or as a result of participating in the Program.

 

Earnings Disclaimer

Sofia Bernardi can not guarantee your ability to get results or earn money from mentoring, advice, ideas, information or strategies in any Program. You acknowledge that there is an inherent risk in any business enterprise or activity, and there is no guarantee that you will earn any money as a result of the purchase of any Program. Nothing in the disclaimer above will limit or exclude any liability that may not be limited or excluded by applicable law.

 

Limitation Of Liability

You understand and agree: Liability for the services provided by Rising Ventures Pty Ltd and Sofia Bernardi is governed solely by the Australian Consumer Law and these Terms and Conditions. Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law. To the extent permitted by law, Rising Ventures Pty Ltd and Sofia Bernardi exclude all express or implied representations, conditions, guarantees, warranties and terms relating to any Services except those in this Agreement. Sofia Bernardi denies any liability in contract, tort (including negligence), or otherwise for any direct, indirect, special, incidental, or consequential costs, losses, claims, damages, expenses or proceedings incurred or suffered by you arising directly or indirectly out of or in connection with its services, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy with the information or advice provided by Sofia Bernardi; Sofia Bernardi guarantees all services are supplied to you with due care and skill and fit for the advertised services. To the extent that Sofia Bernardi is unable to exclude liability; total liability for loss or damage you suffer or incur from services by Rising Ventures Pty Ltd and Sofia Bernardi is limited to re-supplying the Services to you or, at our option, refund to you the amount you have paid for the Services to which your claim relates.

 

Termination

Except as provided in this Agreement, where Sofia Bernardi terminates this Agreement with or without cause, and through no action or fault of the Participant, any payment for unfulfilled services without any fees or charges will be refunded to the Participant. Payment for fulfilled services will not be refunded. All access to the Program, Online Portal, resources, and Facebook Group will cease. 

 

Dispute Resolution

You understand and agree: You will contact Sofia Bernardi immediately with any concerns for quick and effective resolution through friendly consultation. In the event of a dispute, you agree to the following Dispute Resolution Procedure:

• You must advise Sofia Bernardi in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute. 
• You agree to meet with a key representative of Sofia Bernardi in person or via Zoom in good faith to seek to resolve the dispute by Agreement and compromise.
• If an agreement cannot be reached to resolve the dispute, any party may refer the dispute for mediation to the Law Society of South Australia (SA).
• Both parties must attend the mediation provided by the Law Society of SA in good faith to seek to resolve the dispute.
• Litigation via the court process may only be considered after a genuine attempt at mediation bought by either Party is unsuccessful. Confidentiality is paramount to both parties’ personal and professional reputations and standing in their business and community. At no time will any communications or discussions be made public, including but not limited to any social media platforms or websites of either Party. Any public discussion or comments about either Party will be considered defamatory, harmful or otherwise damaging. They will be the subject of compensation in any mediation or litigation claim. 

Governing Law 

You understand and agree: The Terms and Conditions of this Agreement are governed and construed under the laws of South Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of South Australia. By proceeding with your payment, you accept the Terms and Conditions contained in this Agreement.