• About the Website

1. 1. 1. Welcome to www.sofiarosebernardi.com (Website). The Website is operated by Rising Ventures Pty Ltd t/as Sofia Rose Bernardi (ABN: 12 654 808 787) (Sofia Rose Bernardi). 
      2. The Website provides you with an opportunity to browse and purchase programs that have been listed for sale (Program/s). The Website also provides you with the opportunity to make a booking for a free roadmap call to assist you in gaining clarity on which Program will be the best fit for you (Roadmap Call).
      3. Access to and use of the Website, or any of its associated Programs, is provided by Sofia Rose Bernardi. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
      4. Sofia Rose Bernardi reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

• Acceptance of the Terms

• You accept the Terms by using, browsing, or accessing the Website. Continued use of the Website after any changes to these Terms constitutes acceptance of those changes.

• Registration and Account Information 

1. 1. 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.
   2. 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.
   3. 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. 
   4. You may not purchase the Programs and may not accept the Terms if you are not of legal age to form a binding contract with Sofia Rose Bernardi. 

• Your obligations as a Member

1. 1. As a Member, you agree to comply with the following:
   2. You will use the Website and the Program only for purposes that are permitted by:

1. these Terms;
2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
3. 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 your access to a Program;
4. 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;
5. 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 Program;
6. you will not use the Program 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
7. 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 Program. Appropriate legal action will be taken by Sofia Rose Bernardi for any illegal or unauthorised use of the Website,

• Purchase of Program 

1. 1. 1. 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). 
      2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
      3. In using the Program, 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.
      4. 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.
      5. 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.
      6. 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, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
      7. In the event that you are making payment under a payment plan, and any payment under the Terms 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.
      8. You agree that if you default on any payments due and payable under the Terms, any costs incurred by Sofia Rose Bernardi for steps taken to enforce payment terms will be recoverable and payable by you. 

• Delivery of Programs and Licence Information 

1. 1. 1. Each Program purchase grants you access to the Program through the online Program platform provided (Member Portal). 
      2. 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).
      3. 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 viewable via the Member Portal for the Licence Term only. After this time the Program will expire and you will no longer be able to access the Program.
      4. 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 

1. 1. 1. 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).  
      2. Subject to your rights under the Australian Consumer Law, the Program is non-refundable.  
      3. 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.
      4. 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 

1. 1. 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: 

1. harm, harass, hassle or abuse other Participants; or
2. send un-welcomed communication such as spam to other Participants; or
3. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
4. infringe the intellectual property or privacy rights of any Participant or any third-party.

1. 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. 
2. Sofia Rose Bernardi retains the right to deny you access to a Program at any time for breach of these Terms.

• Warranty 

1. 1. 1. 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.
      2. 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

1. 1. 1. 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.
      2. 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 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

1. 1. 1. Any information, advice, content or documentation provided on the Website, a Program, Program materials, a podcast, social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.
      2. All care is taken in the preparation of the information and published materials on the Website, Program materials, a podcast, and social media accounts on any other related platform. Sofia Rose Bernardi does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 
      3. 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 that 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 on the Website, a Program, Program materials, a podcast, social media accounts or on any other related platform.

• Copyright and Intellectual Property

1. 1. The Website, the Programs and all of the related content and material produced by Sofia Rose Bernardi are subject to copyright. The material on the Website and in the Programs is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Programs and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes and are reserved by Sofia Rose Bernardi or its contributors.
   2. All trademarks, service marks and trade names are owned, registered and/or licensed by Sofia Rose Bernardi, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:

1. use the Website pursuant to the Terms;
2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
3. print pages from the Website for your own personal and non-commercial use.

1. Sofia Rose Bernardi does not grant you any other rights whatsoever in relation to the Website or the Programs. All other rights are expressly reserved by Sofia Rose Bernardi.
2. Sofia Rose Bernardi retains all rights, title and interest in and to the Website and all related Programs. Nothing you do on or in relation to the Website will transfer any:

1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

1. You may not, without the prior written permission of Sofia Rose Bernardi and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Programs for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

• Privacy

Sofia Rose Bernardi takes your privacy seriously and any information provided through your use of the Website and/or Programs are subject to Sofia Rose Bernardi’s Privacy Policy, which is available on the Website.

• General Disclaimer

1. 1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
   2. Subject to this clause, and to the extent permitted by law:

1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
2. Sofia Rose Bernardi will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Programs or these Terms (including as a result of not being able to use the Programs or the late supply of the Programs), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

1. Use of the Website and the Programs is at your own risk. Everything on the Website and the Programs is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Sofia Rose Bernardi make any express or implied representation or warranty about the Programs referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. the accuracy, suitability or currency of any information on the Website or the Programs;
3. costs incurred as a result of you using the Website or the Programs; and
4. the Programs or operation in respect to links which are provided for your convenience.

• Third Party Services

The Programs may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Sofia Rose Bernardi does not control any Third-Party Services. Sofia Rose Bernardi additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by Sofia Rose Bernardi of these Third-Party Services and Sofia Rose Bernardi will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.

• Limitation of liability

1. 1. Sofia Rose Bernardi’s total liability arising out of or in connection with the Programs or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the relevant Program to you or, at Sofia Rose Bernardi’s election, the amount paid by you for the relevant Program.
   2. You expressly understand and agree that Sofia Rose Bernardi, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
      
      
2. User Generated Content
   1. If you choose to contribute any content to the Website or any other platform operated by Sofia Rose Bernardi, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
   2. By contributing content to the Website, you grant Sofia Rose Bernardi a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This includes the use of your photos or video on other parts of the Website, in advertising materials, promotional campaigns, and on social media accounts operated by Sofia Rose Bernardi. Sofia Rose Bernardi will not sell or license Your Content to third parties for their independent commercial use without your prior written consent.
   3. Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Sofia Rose Bernardi can use that information with Your Content for advertising and promotional purposes directly related to Sofia Rose Bernardi’s business operations. Sofia Rose Bernardi will handle all personal information in accordance with its Privacy Policy and the Privacy Act 1988 (Cth), including the Australian Privacy Principles. 
   4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Sofia Rose Bernardi social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Sofia Rose Bernardi. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
   5. Please ensure you keep your own copies of Your Content as Sofia Rose Bernardi is under no obligation to archive, store, back-up, or maintain Your Content, and may remove Your Content from the Website at any time without notice or liability.
   6. Sofia Rose Bernardi will use reasonable endeavours to provide you with appropriate attribution when using Your Content on Sofia Rose Bernardi platforms where practicable, but you acknowledge and agree that attribution may not always be possible due to the nature of certain uses (such as in video compilations or social media formats with character limitations).
   7. Sofia Rose Bernardi reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
      
      
3. Mailing List Registration 
   1. You may be given the option to register for the Sofia Rose Bernardi Mailing List (Mailing List). 
   2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your name and email address.
   3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Sofia Rose Bernardi.
      
      
4. Indemnity
   1. You agree to indemnify, defend, and hold harmless Sofia Rose Bernardi, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including reasonable legal fees on a solicitor-client basis) incurred, suffered or arising out of or in connection with Your Content;
2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so, to the extent caused by your breach of these Terms, negligence, or wilful misconduct; and/or
3. any breach of the Terms.

1. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website or a Program, you agree that the non-exclusive venue for resolving any dispute will be in the courts of Queensland, Australia, provided that nothing in this clause limits any party’s right to seek urgent interlocutory relief in any court of competent jurisdiction.

1. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Queensland, Australia. 

1. 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.

1. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.