THE BODY STORY METHOD
1. Terms
By accessing and using Body Story Method training and certification, you expressly agree to be bound by the following terms and conditions. If you do not agree with any part of these terms, you are prohibited from accessing or using this site. The materials and content within the Body Story Method Certification Program are protected by applicable copyright and trademark laws.
2. Intellectual Property
All Intellectual Property Rights pertaining to the course materials, online courses, and verbal presentations by trainers at in-person courses remain the exclusive property of Body Story™️ Method, whether they are adapted, authored for, or customized for individual clients. You are expressly prohibited from:
Copying, modifying, reproducing, re-publishing, sublicensing, selling, uploading, broadcasting, posting, transmitting, or distributing any course materials without our prior written consent.
Recording, whether in video or audio format, or relaying through any means, the online course or in-person course sessions.
Utilizing the course materials in the development or delivery of any other course or training program, whether conducted by us or any third-party trainer.
Removing any copyright or proprietary notices associated with Body Story™️ Method from the course materials.
Altering, adapting, merging, translating, disassembling, decompiling, or reverse engineering (except to the extent permitted by law) any software forming part of the online courses. Violation of this clause 2.2 shall authorize us to promptly terminate these terms and conditions with you and cease provision of all services.
3. BODY STORY METHOD DISCLAIMER
Body Story Method is a proprietary methodology designed for personal use and self improvement. The decisions and actions taken by individuals who engage with the Body Story Method are solely their own and do not in any way reflect or impact Body Story Method or it’s creator Claudia Domancie.
Learning the Body Story Method is intended for personal development only and completion of any courses, workshops or training related to Body Story Method does not qualify participants to teach, share or disseminate this method in any form. Unauthorized teaching or sharing of the Body Story Method is prohibited.
Participants are advised to seek appropriate guidance and certification if they wish to pursue professional teaching or training in the field of change work they are helping their clients.
The Body Story Method is intended to provide a greater sense of intuitive connection to the person in front of you, enabling you to map their body and behaviours through connection. However, this method does not qualify you to become a Body Story Method Trainer Pilates Instructor, Yoga Instructor, Personal Trainer, Osteopath, Chinese medicine practitioner, Counselor, Psychologist, Reiki Healer and is designed for qualified professionals who already assist clients in change work and wish to enhance their skills.
Body Story is not liable for the interpretation or practice of this methodology, especially in cases such as harm, injury and death
The materials provided within the Body Story™️ certification and training Program are presented ‘as is.’ Body Story™️ Method makes no warranties, either expressed or implied, and hereby disclaims all other warranties, including those implied or conditioned by merchantability, fitness, coaching, healing for a particular purpose, or non-infringement of intellectual property or other rights. Furthermore, Body Story™️ Method does not warrant or make any representations concerning the accuracy, likely outcomes, or dependability of using the materials on its website or in connection with such materials, or on any sites linked to this site.
4. Limitations
Under no circumstances shall Body Story™️ Method be held liable for any damages, including, but not limited to, loss of data or profit, or business interruption arising from the use or inability to use the materials on the Body Story™️ Method Certification and training Program, even if Body Story™️ Method or a member of the Body Story™️ Method team has been advised of the possibility of such damage. Due to the fact that certain jurisdictions do not permit limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials featured on Body Story™️ Method Certification and Training Program may include technical, typographical, or photographic errors. Barre Body does not guarantee the accuracy, completeness, or currency of these materials. Body Story™️ Method reserves the right to modify the materials contained on its website at any time without prior notice. However, Body Story™️ Method does not commit to revising the materials.
6.Links
Body Story™️ Method has not reviewed all of the sites linked to its website and accepts no responsibility for the contents of any such linked site. Inclusion of any link does not imply endorsement by Body Story™️ Method of the site. Use of any linked website is entirely at the user’s risk.
7. Site Terms of Use Modifications
Barre Body reserves the right to amend these Terms of Use for its website at any time without notice. By using this website, you agree to be bound by the then-current version of these Terms of Use.
RETREAT AND CERTIFICATION:
If your event is canceled by us at any time up to the day of arrival you will be offered the option to:
Move to a new retreat date
Change your booking into a Body Story Method account credit
Receive a 50% refund
If the retreat is going ahead but you need to cancel 60 days or more before arrival due to any reason you will have the option to move to a new retreat date or convert your booking into a credit. Should you be unable to attend due to sickness or any other personal reason inside the 60 days no refund or credit will be available.
We highly recommend our guests take out travel insurance when flying to Australia with specific Covid-19 cancellation and curtailment provision which is now available from many reputable providers.
PAIN AND INJURY TRAINING, HEALING JOURNEY AND OTHER WORKSHOPS:
We have a flexible cancellation or postponement policy. If your event is canceled by us at any time up to the day of arrival you will be offered the option to:
Move to a new event date
Change your booking into a Body Story Method account credit
Receive a full refund
If the event is going ahead but you need to cancel 30 days or more before arrival due to any reason you will have the option to move to a new event date or convert your booking into a credit. Should you be unable to attend due to sickness or any other personal reason inside the 30 days no refund will be available.
1. Group Coaching
1. If group coaching is applicable to your purchase of the Service or Product, as a participant in a group program or course (Participant), you expressly agree that you will not, through any means:
i. harm, harass, hassle or abuse other participants; or
ii. send un-welcomed communication such as spam to other participants; or
iii. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
iv. infringe the intellectual property or privacy rights of any participant or any third-party.
2. Claudia Domancie, at her discretion, reserves the right to remove, edit or alter any content created by you or on any group platform made available, such as a facebook group, or any other platform utilised in the delivery of the Services or Product.
3. Claudia Domancie retains the right to deny you access to the Services or Product at any time for breach of these Terms.
4. All content shared in the Body Story Method Trainings is copyright and it is prohibited for you to record any training or share and of the content you received with anyone outside of the training
2. Copyright and Intellectual Property Rights
2.1 Intellectual Property Rights
(a) You agree that any works, items, materials or information of whatever nature produced or developed by Claudia Domancie or under Claudia Domancie’s direction pursuant to or in the course of providing the Services or Product will remain the sole and complete property of Claudia Domancie, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
(b) If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 6.1(a) have been produced by Claudia Domancie as part of the Services or Product, Claudia Domancie grants to you a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.
(c) There is no assignment of intellectual property rights by Claudia Domancie to you pursuant to these Terms.
(d) Nothing in these Terms affects the moral rights in any works, items, materials or information supplied pursuant to these Terms.
2.2 Indemnification
You hereby indemnify and agree to keep indemnified Claudia Domancie 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.
3. Refer to section 13 of Privacy Policy below
ONLINE GROUP COACHING PROGRAM TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. PRIVACY POLICY
1. INTRODUCTION
This is the privacy policy of Body Story Method (referred to in this document as ‘we', ‘us', or ‘our').
We take our privacy obligations seriously and we've created this privacy policy to explain how we store, maintain, use and disclose your personal information.
By providing personal information to us, you agree to us collecting, storing and disclosing your personal information in accordance with this policy.
We may change this policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy.
2. TYPES OF PERSONAL INFORMATION WE COLLECT
The personal information we collect may include the following:
• name;
• mailing or street address;
• email address;
• social media information;
• telephone number and other contact details;
• credit card or other payment information;
• information about your business or personal circumstances;
• information in connection with client surveys, questionnaires and promotions;
• your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
• information about third parties; and
• any other information provided by you to us via our website or our online presence, or otherwise required by us or provided by you.
3. HOW WE COLLECT PERSONAL INFORMATION
We may collect personal information either directly from you, or from third parties, including where you:
• contact us through our website;
• submit any of our online sign up forms;
• communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;
• interact with our website, social applications, services, content and advertising; and
• invest in our business or enquire as to a potential purchase in our business.
We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, ‘cookies' or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device to allow us to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.
4. USE OF YOUR PERSONAL INFORMATION
We collect and use personal information for the following purposes:
to provide services or information to you;
for record keeping and administrative purposes;
to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing goods or services to you;
to improve and optimise our service offering and customer experience;
to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and>
to consider an application of employment from you.
We may disclose your personal information to cloud-providers, contractors and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it.
5. SECURITY
We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.
6. LINKS
Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.
7. HOW YOU CAN ACCESS AND CORRECT YOUR PERSONAL INFORMATION
If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable time.
If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.
8. COMPLAINTS
If you wish to complain about how we handle your personal information held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable time.
9. CONTACT US
For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:
Name: Claudia Domancie
Email: hello@claudiadomancie.com
Our privacy policy was last updated on 1 January 2023.
PRIVACY POLICY
1. About the Website
1.1. Welcome to www.bodystory.com.au and empoweredinstructor.com. The Website provides you with an opportunity to browse and purchase services, programs and courses that have been listed for sale through the Website, and to access and download free content. The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2. The Website is operated by Claudia Domancie t/as Body Story Method (ABN 34 172 430 904) (‘Claudia Domancie’). Access to and use of the Website, or any of its associated services, are provided by Claudia Domancie. Please read these terms and conditions 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, or any of the Services, immediately.
1.3. Claudia Domancie 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.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website.
3. Purchase of Services and Products
3.1. In using the Purchase Services to purchase the Services or Products through the Website, you will agree to the payment of the purchase price listed on the Website.
3.2. Payment of the Purchase Price may be made through the available payment methods
3.3. 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.
3.4. In using the Purchase Services, 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.
3.5. Following payment of the Purchase Price being confirmed by Claudia Domancie, you will be issued with a receipt to confirm that the payment has been received and Claudia Domancie may record your purchase details for future.
3.6. In the event that any payment under these Terms is not made in full on the due date, Claudia Domancie is entitled to charge you interest at the rate of 5% per annum, calculated daily.
3.7. You agree that if you default on any payments due and payable under this agreement, including a payment plan, the full balance will become due and payable on the date of default, and any costs incurred by Claudia Domancie for steps taken to enforce payment terms will be recoverable and payable by you.
4. Cancellation and Termination
4.1. General Cancellation and Money-Back Guarantee
(a) You must notify Claudia Domancie of an intention to cancel the Services or your involvement in a Product as soon as practicable through e-mail to hello@claudiadomancie.com and abide by the following cancellation policy (‘Cancellation Policy’).
(b) Where applicable, with the exception of the money-back guarantee in clause 4.1(c) below, the Services and Products are non-refundable. This means that if you wish to terminate the Services early, or terminate your involvement in a Product early, all unpaid amounts of the Purchase Price are non-refundable. If you are unable to attend a group session, you will not be provided with a refund.
(c) If a money-back guarantee applies to your purchase, this will be outlined on the Website. Money-back guarantees apply as follows:
5. Delivery of Services and Products and License Information
5.1. Each purchase of the Services or Products grants you access to the program or course through the Membership Portal utilised from time to time and made available to you (the ‘Membership Portal’).
5.2. When you purchase a Service or Product, Claudia Domancie grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Services or Products and any related software, content, equipment or other materials for your specific, non-commercial-use-only (the ‘Licence’).
5.3. The Licence is valid for the term of the Services or Product, or as otherwise outlined in the relevant program or course terns and conditions on the Website (‘Licence Term’). This means the Services or Product will be viewable via the download link for the Licence Term only.
5.4. The Services or Product are intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental services materials, booklets, and access to any other aspect of the Services or Product.
6. Copyright and Intellectual Property Rights
6.1 Intellectual Property Rights
(a) You agree that any works, items, materials or information of whatever nature produced or developed by Claudia Domancie or under Claudia Domancie’s direction pursuant to or in the course of providing the Services or Product will remain the sole and complete property of Claudia Domancie, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
(b) If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 6.1(a) have been produced by Claudia Domancie as part of the Services or Product, Claudia Domancie grants to you a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.
(c) There is no assignment of intellectual property rights by Claudia Domancie to you pursuant to these Terms.
(d) Nothing in these Terms affects the moral rights in any works, items, materials or information supplied pursuant to these Terms.
6.2 Indemnification
You hereby indemnify and agree to keep indemnified Claudia Domancie 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.
7. Group Coaching
7.1. If group coaching is applicable to your purchase of the Service or Product, as a participant in a group program or course (Participant), you expressly agree that you will not, through any means:
i. harm, harass, hassle or abuse other participants; or
ii. send un-welcomed communication such as spam to other participants; or
iii. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
iv. infringe the intellectual property or privacy rights of any participant or any third-party.
7.2. Claudia Domancie, at her discretion, reserves the right to remove, edit or alter any content created by you or on any group platform made available, such as a facebook group, or any other platform utilised in the delivery of the Services or Product.
7.3. Claudia Domancie retains the right to deny you access to the Services or Product at any time for breach of these Terms.
8. Warranty
8.1. Claudia Domancie will use her best efforts and take all reasonable steps to support you to work towards achieving your desired results. However, Claudia Domancie makes no warranty that the Services or Product will meet your requirements or that all participants will achieve the same results.
8.2. The Services and Products do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel these Terms with Claudia Domancie, and you 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.
9. Services and Product Disclaimer
9.1. You are solely responsible for creating and implementing your own career or business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services or Product and your sessions and interactions with Claudia Domancie. As such, you agree that Claudia Domancie is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or career, or for any direct or indirect result of any Services or Product provided by Claudia Domancie.
9.2. Where applicable, You understand that in order to enhance the relationship and sessions with Claudia Domancie, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services or Product.
10. Information Disclaimer
10.1. Any information, advice, content or documentation provided on the Website, through the Services, Products, through Free Content, on social media accounts, podcast, blog, 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.
10.2. All care is taken in the preparation of the information and published materials on the Website, through the Services, Products, through Free Content, social media accounts, podcast, blog, or on any other related platform. Claudia Domancie does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
10.3. To the extent permissible by law, Claudia Domancie 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, through the Services, Products, social media accounts, podcast, blog, or on any other related platform.
11. Copyright and Intellectual Property
11.1. You acknowledge that the Website, the Services, Products, the Free Content, Claudia Domancie’ name, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Claudia Domancie or her affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog, within the podcast or on any other related platform (‘the Content’).
11.2. You hereby indemnify and agrees to keep indemnified Claudia Domancie against all liability, losses or expenses incurred by Claudia Domancie in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Claudia Domancie or any third party by you or your agents.
11.3. You may not, without the prior written permission of Claudia Domancie 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 Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
11.4. For any Services or Products which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Claudia Domancie, Claudia Domancie grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Services or Product, and any related software, content, equipment or other materials for your specific, non-commercial use only.
12. Privacy
Claudia Domancie takes your privacy seriously and any information provided through your use of the Website and/or the Services and products are subject to Claudia Domancie’s Privacy Policy.
13. General Disclaimer
13.1. You acknowledge that Claudia Domancie does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services or Products other than provided for pursuant to these Terms.
13.2. Nothing in these 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.
13.3. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Claudia Domancie 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
13.4. Use of the Website, the Purchase Services, and any of the Services or Products of Claudia Domancie is at your own risk. Everything on the Website, the Services, Products, and the Free Content of Claudia Domancie, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers or licensors of Claudia Domancie make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services, Products or Purchase Services of Claudia Domancie) 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:
(a) 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;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related services (including third-party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Services or Products;
(d) the Content or operation in respect to links that are provided for your convenience;
(e) any failure to complete a transaction or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
14. User Generated Content
14.1. If you choose to contribute any content to the Website or any other platform operated by Claudia Domancie, 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’).
14.2. By contributing content to the Website, you grant Claudia Domancie a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Claudia Domancie.
14.3. Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree Claudia Domancie can use that information with Your Content for advertising and promotional purposes, or any other business purpose
14.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Claudia Domancie 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 Claudia Domancie. 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.
14.5. Please ensure you keep your own copies of Your Content as Claudia Domancie may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
14.6. Claudia Domancie will endeavour to provide you with an appropriate credit when using Your Content on Claudia Domancie platforms, though you understand and agree this may not always be possible.
14.7. Claudia Domancie reserves the right to remove Your Content at any time. Your Content must not be malicious, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
15. Mailing List Registration
15.1. You may be given the option to register for Claudia Domancie’s Mailing List (the 'Mailing List').
15.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(g) Email address
(h) Name
15.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Claudia Domancie.
16. Limitation of Liability
16.1. Claudia Domancie's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Claudia Domancie is the resupply of information or Purchase Services to you.
16.2. You expressly understand and agree that Claudia Domancie, her affiliates, employees, agents, contributors, third party content providers and licensors shall 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 shall 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.
16.3. Claudia Domancie is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Claudia Domancie, by third parties or by any of the Purchase Services offered by Claudia Domancie.
17. Indemnity
17.1. You agree to indemnify Claudia Domancie, her affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
18. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
19. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
21. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
TERMS & CONDITIONS
Due to the nature of digital products we do not accept refunds for purchased digital products, unless otherwise stated on the product page or in specific product contracts.
REFUND POLICY
Your success depends entirely on your own effort, motivation, commitment and follow-through. We cannot predict and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this website or product.
When you purchase our products, you understand that there is no guarantee that you will achieve any particular result or outcome using any of the ideas, tools, strategies or recommendations presented. We make no promises or warranties concerning your likelihood of success, performance, future earnings, business profits, marketing performance, customer growth or results of any kind. You understand that with any business endeavour there is an inherent risk, including a loss of capital and loss of customers and therefore you assume all responsibility for any such risk.
Earnings disclaimer: Any earnings or income statements or examples shown through our website are only estimates of what might be possible now or in the future. There can be no assurance as to any particular financial outcome based on the use of our website. You agree that I am not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our website. You are solely responsible for your results.
Testimonials: I present testimonials and insights about other people’s experiences with my website for purposes of illustration only. The testimonials, examples, and photos used are of actual clients. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.
DISCLAIMER
Thank you for choosing Claudia Domancie. These Terms and Conditions govern the relationship between the parties. By clicking “accept” you agree to these Terms and Conditions (‘Terms’).
These Terms are read in conjunction with the information on the relevant Booking Page where you provide your details (‘the Booking Page’) and Course or Program Information Page (‘Information Page’) of the website www.empoweredinstructor.com (‘Website’).
1. Parties
You are the Client, and your details are set out on the Booking Page of the Website.
AND
Claudia Domancie t/as Body Story Method (ABN 34 172 430 904) (‘Claudia Domancie’).
Claudia Domancie offers online and digital programs and courses in a hybrid of self-paced and group settings, tailored to client needs and requirements, over various periods as stated on the “training” page of Body Story Method Website. You have engaged Claudia Domancie to provide the Services.
1. The Engagement
1.1. Claudia Domancie agrees to provide the Services for You, for the Fee, Terms and where applicable on the Date/s as set out on the Information Page or agreed to in writing by the parties.
1.2. You will either be granted immediate access to the Services, or where applicable Claudia Domancie agrees to commence the Services on the Commencement Date, upon acceptance of these Terms and Conditions, and upon payment of the required Fee by You.
1.3. Where applicable the Commencement Date is outlined on the Information Page.
1.4. Both Parties agree that the Services will be provided online.
1.5. With the exception of the money-back guarantee set out below in clause 4.3 Claudia Domancie will only provide you with a refund for the Services in the event she is unable to continue to provide the Services
2. Fee
2.1. You agree to pay Claudia Domancie the Fee as set out on the Booking Page.
2.2. The Fee payable to Claudia Domancie to perform the Services may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be Performed by Claudia Domancie.
2.3. You agree to make Payment of the Fee via the Website, by the due date of your respective payment option.
2.4. In the event that any payment under these Terms is not made in full on the due date, Claudia Domancie is entitled to charge You interest at the rate of 5% per annum, calculated daily.
2.5. You agree that if you default on any payments due and payable under these Terms, including a payment plan, the full balance will become due and payable on the date of default, and any costs incurred by Claudia Domancie for steps taken to enforce payment terms will be recoverable and payable by you.
2.6. 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. Where the services are provided outside Australia, GST is inapplicable.
3. Cancellation, Money-Back Guarantee and Termination
3.1. You must notify Claudia Domancie of an intention to cancel the Services as soon as practicable through e-mail to hello@claudiadomancie.com and abide by the following cancellation policy.
3.2. Where applicable, with the exception of the money-back guarantee in clause 3.3 below, the Services and Products are non-refundable. This means that if you wish to terminate the Services early, or terminate your involvement in a Product early, all unpaid amounts of the Purchase Price are non-refundable. If you are unable to attend a group session, you will not be provided with a refund.
3.3. If a money-back guarantee applies to your purchase, this will be outlined on the Website. Money-back guarantees apply as follows.
a. The Empowered Instructor 7-day money-back guarantee applies
3.4. If a money-back guarantee applies to your purchase and if you decide the purchase it not right for you, you may request a refund within the money-back guarantee period commencing on the date of your purchase, unless otherwise advised.
3.5. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Services early, Claudia Domancie 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 Services will be revoked.
3.6. Claudia Domancie may change the Cancellation Policy at any time without notice and bookings made in advance of the change will not be affected.
3.7. Claudia Domancie reserves the right to terminate your involvement in the Services for breach of these Terms with 7 days’ notice by e-mail.
3.8. If Claudia Domancie terminates the Services, you agree to pay Claudia Domancie for the portion of the Services completed up to the date and time of termination.
4. Delivery of Services and License Information
4.1. Each purchase of the Services grants you access to the program or course through the Membership Portal utilised from time to time and made available to you (Heartbeat).
4.2. When you purchase a Service, Claudia Domancie grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Services and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).
4.3. The Licence is valid for the term of the Services, or as otherwise outlined in the relevant program or course terns and conditions. This means the Services will be viewable via the download link for the Licence Term only.
4.4. The Services are intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Services materials, booklets, and access to any other aspect of the Services.
5. Warranty Period for the Services
5.1. Claudia Domancie will use her best efforts and take all reasonable steps to support you to work towards achieving your desired results. However, Claudia Domancie makes no warranty that the Services will meet your requirements or that all participants will achieve the same results.
5.2. The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel these Terms with Claudia Domancie, and you 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.
6. Disclaimer
6.1. You are solely responsible for creating and implementing your own career or business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and your sessions and interactions with Claudia Domancie. As such, you agree that Claudia Domancie is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or career, or for any direct or indirect result of any Services provided by Claudia Domancie.
6.2. You understand that in order to enhance the relationship and sessions with Claudia Domancie, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services.
7. Liability and waivers
7.1. Liability
Claudia Domancie’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
7.2. Waivers
(a) A waiver of any right, power or remedy under these Terms 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.
(b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
8. Disclosure and Use of Confidential Information
8.1. All obligations of confidence set out in these Terms continue in full force and effect after completion of services.
8.2. Claudia Domancie will not disclose any Confidential Information to any third party without your prior consent.
8.3. These Terms prohibits the disclosure of Confidential Information by Claudia Domancie with exception to the following circumstances:
(a) the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms has consented to the disclosure of such information to the professional adviser;
(b) the disclosure is required by applicable law or regulation; or
(c) if the confidential information is already in the public domain at no fault of Claudia Domancie.
9. Copyright and Intellectual Property Rights
9.1. Intellectual Property Rights
(a) You agree that any works, items, materials or information of whatever nature produced or developed by Claudia Domancie or under Claudia Domancie's direction pursuant to or in the course of providing the Services will remain the sole and complete property of Claudia Domancie, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
(b) If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 9.1(a) above have been produced by Claudia Domancie as part of the Services, Claudia Domancie grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.
(c) There is no assignment of Intellectual Property Rights by Claudia Domancie to You pursuant to these Terms.
(d) Nothing in these Terms affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.
9.2. Indemnification
You hereby indemnify and agree to keep indemnified Claudia Domancie 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.
10. Force Majeure
10.1. If circumstances beyond Claudia Domancie’s control prevent or hinder her from providing the Services, Claudia Domancie is free from any obligation to provide the Services while those circumstances continue. Claudia Domancie may elect to terminate these Terms or keep the Terms on foot until such circumstances have ceased.
10.2. Circumstances beyond Claudia Domancie’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
10.3. For the sake of clarity, if in Claudia Domancie’s reasonable opinion, the provision of the Services will be affected by the COVID-19 Pandemic, Claudia Domancie may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Claudia Domancie will not be liable for any losses or damage due to a COVID-19 pandemic. If You choose to terminate an agreement due to a COVID-19 pandemic, clause 4 will apply.
11. Dispute Resolution & Mediation
We hope that a dispute between us does not arise, however in the unlikely event that it does, the following clause will apply.
11.1. If a dispute arises out of or relates to the terms of these Terms, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
11.2. A party to these Terms claiming a dispute (‘the Dispute’) has arisen under the terms of these Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (‘the Notice’).
11.3. On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.
11.4. If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Victoria.
11.5. It is agreed that mediation will be held in Victoria, with the venue to be agreed.
11.6. The parties agree to be equally liable for the Fee and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation.
11.7. All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
11.8. In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.
12. Marketing
You agree that any testimonials that may be provided by you from time to time may be used by Claudia Domancie for marketing purposes.
13. No partnership or agency
Nothing contained or implied in these Terms 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.
14. Governing Law & Jurisdiction
These Terms are governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Services, Claudia Domancie agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Victoria, Australia.
15. Severance
Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provisions in any other jurisdiction.
16. Entire Agreement and Modifications
Both You and Claudia Domancie confirm and acknowledge that these Terms, the Booking Page and Information Page of the website constitute the entire agreement between You and Claudia Domancie and shall supersede and override all previous communications, either oral or written, between the parties