DISCLAIMER, TERMS & CONDITIONS
General Disclaimer
1. Responsibility for Actions
By browsing our websites, accessing free membership resources, or purchasing products or services from Domonique Bertolucci Company Pty Ltd (DBC) through domoniquebertolucci.com or any affiliated websites (“OUR SITES”), you acknowledge that you are fully responsible for your actions. You agree to take action only where you consider it appropriate, in alignment with your own values, beliefs, and personal judgment. Your decisions and their outcomes are yours alone, and DBC assumes no responsibility for the consequences of any actions taken based on the information or services provided on OUR SITES.
2. No Professional Advice
The content provided on OUR SITES, including but not limited to information in blogs, message boards, videos, or live sessions, is for informational and educational purposes only. It is not intended to replace professional advice from a licensed expert in any field, including but not limited to financial, medical, psychological, or legal matters.
- You should always consult a trained professional, such as a doctor, financial advisor, or legal professional, for guidance in any area requiring expert care.
- DBC, its partners, affiliates, and suppliers make no representations or warranties about the accuracy, suitability, or effectiveness of any treatments, actions, or use of products based on the information provided on OUR SITES.
- Neither DBC nor its affiliates will be liable for any damages—direct, indirect, incidental, consequential, or special—that may result from following any advice or using any products mentioned on OUR SITES. This includes, but is not limited to, economic loss, injury, illness, or death.
By using OUR SITES, you agree that you are responsible for your own decisions, actions, and outcomes. You will not hold DBC, its affiliates, or partners liable for any decisions or results arising from the use of information or services provided.
3. Earnings Disclaimer
When financial matters are discussed on OUR SITES, whether through videos, newsletters, or other content, every effort has been made to accurately represent our programs and their potential to improve your life or business. However, we make no guarantees that you will achieve any specific results or earn any money using our ideas, tools, strategies, or recommendations.
- DBC does not offer any “get rich quick” schemes, and nothing on OUR SITES should be interpreted as a promise of future earnings.
- Your level of success in achieving results depends on a variety of factors, including your skill, knowledge, dedication, business acumen, network, and personal financial situation. Because these factors vary widely among individuals, we cannot and do not guarantee your success or income level.
- You are solely responsible for your actions and decisions in life and business, and by using OUR SITES, you acknowledge that DBC cannot be held responsible for your results.
Any forward-looking statements about potential earnings are our opinions and are not guarantees of actual performance. By law, we make no guarantees that you will achieve any specific outcomes from applying our ideas, models, or strategies presented on OUR SITES. We offer no professional legal, medical, psychological, or financial advice.
By using OUR SITES, you agree to this Disclaimer in its entirety.
Website Terms and Conditions
Welcome to the Domonique Bertolucci Company Pty Ltd website. By accessing or using our website, domoniquebertolucci.com, and related services, you agree to these Terms and Conditions. Please read them carefully.
1. About the Website
The website domoniquebertolucci.com (the “Website”) is operated by Domonique Bertolucci Company Pty Ltd (ABN 630 918 231) (“DBC”, “we”, “our”, “us”). The Website offers services including online courses, downloadable materials, coaching, mentoring, events, and other content (the “Services”).
By using the Website, you agree to these Terms and Conditions (“Terms”). If you do not agree, please cease use immediately.
DBC reserves the right to update these Terms at any time. Any updates will be posted on the Website, and your continued use of the Website constitutes acceptance of the updated Terms.
2. Acceptance of the Terms
You accept these Terms by using, browsing, or remaining on the Website. You may also be required to accept the Terms explicitly by clicking “I agree” when prompted.
3. Registration and Account
3.1 To access certain Services, you may need to register for an account (“Account”). During registration, you may be asked to provide personal details, such as your email address, which must be accurate and up-to-date.
3.2 You are responsible for safeguarding your account credentials. You must notify us immediately of any unauthorised use of your account.
4. Payments and Fees
4.1 You may pay for Services via credit card, PayPal, or electronic funds transfer (EFT).
4.2 Payments are processed through third-party services such as Stripe, and by making a payment, you agree to their terms and conditions.
4.3 If a payment fails, you may be liable for associated costs. DBC may suspend your access to Services until the issue is resolved.
5. Refund Policy
Refunds are generally not provided unless DBC unless they are specified in your product/program/service agreement. In special circumstances, we may offer a refund or credit at our discretion.
6. Use of the Services
By using the Website and Services, you agree to:
- Use the Website in a lawful manner.
- Ensure that your use complies with all applicable laws and regulations.
- Not disrupt or attempt to disrupt the functioning of the Website.
You also agree not to:
- Use the Website for any commercial purposes without written approval from DBC.
- Use automated systems to access the Website (e.g., bots).
- Collect data from the Website for any unauthorised purpose.
7. Privacy
Your personal information is handled in accordance with our Privacy Policy, which is available on the Website. By using our Services, you consent to the collection and use of your data as outlined in the Privacy Policy.
8. Data Security and Breach
While DBC takes reasonable measures to protect your data, no system is immune to breaches. In the event of a data breach, DBC will notify affected users promptly and take action to mitigate the damage.
You are responsible for securing your account credentials, and DBC is not liable for any loss or damage arising from unauthorised access to your account due to your negligence.
9. Copyright and Intellectual Property
9.1 All content on the Website, including text, images, videos, and designs, is owned by DBC or its licensors and is protected by Australian and international copyright laws.
9.2 We grant you a non-exclusive, non-transferable, revocable licence to access the Website for personal use only. You may not modify, reproduce, or distribute the content without prior written permission from DBC.
9.3 Any unauthorised use of DBC’s intellectual property will result in immediate termination of your right to use the Website and may result in legal action.
10. User-Generated Content
10.1 If you submit, post, or contribute content to the Website, you grant DBC a worldwide, non-exclusive, royalty-free licence to use, reproduce, and display your content for any purpose.
10.2 You are responsible for ensuring that any content you submit does not violate third-party rights or applicable laws.
10.3 DBC reserves the right to moderate and remove any content that violates these Terms or is deemed inappropriate.
10.4 DBC is not liable for any user-generated content posted on the Website.
11. Disclaimers
11.1 The Website and Services are provided “as is” without warranties of any kind. DBC makes no guarantees regarding the accuracy, reliability, or availability of the content.
11.2 Coaching and Services offered by DBC are for educational purposes. We do not guarantee specific outcomes or results.
11.3 Nothing in these Terms limits your rights under Australian Consumer Law.
12. Limitation of Liability
12.1 To the fullest extent permitted by law, DBC is not liable for any indirect, incidental, or consequential damages, including loss of profits, business interruptions, or data loss, even if we have been advised of the possibility of such damages.
12.2 DBC’s total liability for any claims arising out of or in connection with the use of the Website or Services, whether arising in contract, tort (including negligence), statute, or otherwise, is limited to the resupply of the Services.
12.3 DBC is not responsible for any third-party services or products linked to or integrated with the Website. We make no warranties regarding third-party content or services.
12.4 We do not warrant that the Website will be uninterrupted, error-free, or secure, nor do we make any warranties regarding the accuracy, completeness, or reliability of any information, content, or materials on the Website.
13. Indemnity
You agree to indemnify and hold DBC, its employees, agents, and affiliates harmless from any claims, losses, or damages (including legal fees) arising from your use of the Website, breach of these Terms, or any content you post on the Website.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from your use of the Website or Services will be subject to the exclusive jurisdiction of the courts in New South Wales, Australia.
15. Dispute Resolution and Arbitration
15.1 Any disputes arising out of these Terms must first be attempted to be resolved through good faith negotiations.
15.2 If the dispute cannot be resolved through negotiation, it will be referred to mediation in New South Wales, Australia.
15.3 If mediation fails, the dispute will be resolved through binding arbitration in New South Wales, Australia, under the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitrator’s decision will be final.
15.4 You agree to waive any objections to jurisdiction or venue, and to submit to the exclusive jurisdiction of the courts of New South Wales for the enforcement of arbitration awards.
16. Class Action Waiver
All claims and disputes must be resolved on an individual basis. You waive the right to participate in any class action lawsuit or collective arbitration against DBC.
17. Force Majeure
DBC will not be liable for any failure or delay in performance due to circumstances beyond our control, such as natural disasters, government actions, strikes, or pandemics.
18. Changes to the Terms
We may update these Terms at any time. Changes will take effect immediately upon posting to the Website. Please review the Terms regularly.
19. Severability
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
20. Electronic Communications
By using the Website, you consent to receiving electronic communications from us, including updates, legal notices, and information regarding your account. You agree that these communications satisfy any legal requirement that such communications be in writing.
If you have any questions or concerns about these Terms, please contact us at: [email protected]