Terms and conditions
Last updated on April 16th, 2021
Please read the following terms and conditions of service carefully before applying for or purchasing an offer through this website.
With your application or your purchase, you acknowledge that you have read, understood, and consent to the following terms and conditions.
Waiver
Dominique Andersen provides personal development services to individuals and groups. You understand that this is not a form of therapy, treatment, prescription, or counseling. Dominique Andersen does not provide diagnosis, prescription, therapy, or treatment of any form.
The information, the services, and the material offered are provided as general information and are not a substitute for professional advice. You agree to seek business, medical, psychiatric, legal assistance, or any other appropriate form of professional advice that you may require.
You assume full responsibility for the decisions and the actions you undertake or not after receiving services from Dominique Andersen, as well as for their consequences. Furthermore, you also assume full responsibility for your physical, spiritual, mental, and emotional health and well-being.
You understand that these services are based on an experimental process, and that while every effort has been made to deliver you the best material, results cannot be guaranteed. You are responsible for your results.
Therefore, you agree that in no event shall you hold Dominique Andersen liable for any incident or consequential damage resulting from the use of the material, training, or service offered for free or purchased through this website.
1. General
The purpose of these terms and conditions is to regulate the sale and purchase of
personal development services provided by Dominique Andersen. These terms and conditions apply exclusively to the agreement between Dominique Andersen, also referred to in this document as “we”,”our”, “ours”, “us”, and the client.
The terms “you”, “your”, “yours”, ‘the client’ refer to the person or entity who enters this agreement for the purpose of receiving personal development services from Dominique Andersen.
You are subject to the version of these terms and conditions in effect at the time of your application for or purchase of a service, and for the entire duration of the delivery of this service. Subsequent applications or purchases are subject to the version of the terms and conditions in effect at the time of the subsequent application or purchase. The current version of these terms and conditions is visible online. You may download a copy of these terms and conditions for your personal records.
You may not modify these terms and conditions. Any change will be considered null and void if not expressly agreed with in writing by Dominique Andersen.
We reserve the right to modify these terms and conditions at any time.
2. Duration and termination of the contract
You enter this contract by checking a box confirming your agreement to its terms when applying for or purchasing services offered by Dominique Andersen through any of the websites we operate or any third party platforms we use to offer our services.The contract remains in effect for the duration of the delivery of the service purchased. Certain clauses of this contract remain in effect beyond the expiration of this contract.
Both parties can terminate the contract with immediate effect.
If you terminate the contract, you will no longer receive service, you will lose access to any online resource or platform made available to you, and you may keep any material already downloaded. However, all fees remain due, and no refund will be issued unless another arrangement is agreed upon by both parties and confirmed in writing by Dominique Andersen.
We may terminate the agreement following the client’s default of payment, if the client proves to be unable mentally, physically, psychologically, or emotionally to deal with the demands of the services provided, or under any other circumstance resulting from force majeure.
In the case of a termination resulting from a fault, default, deficiency, or negligence of the client, no refund shall be issued, and all fees are due in full. Additionally, the legal interest rate may be applied if any balance remains due. The client also agrees to indemnify Dominique Andersen as specified in Section 18.
In exceptional circumstances such as those resulting from force majeure events and their consequences, we may, at our sole discretion and on a case basis, issue a refund for a fraction or the totality of the remainder of the cost of the services after deduction of all the cost associated with the services already provided and of all the expenses already incurred for the creation and delivery of the remaining services. In any case, no refund will be issued for services already provided or for additional expenses (internet fees, fights, accommodation, etc.) resulting from the use of the services.
Certain services include access to online resources such as private websites or private client portals. The modalities for continued access to these online resources after termination of this agreement are defined individually for each service purchased. Should the termination of the agreement be due to a fault, default, deficiency, or negligence of the client, the termination of the agreement will also result in the immediate loss of access to all the online platforms connected to the services purchased independently of the continued access terms defined for those services.
3. Terms of payment
The fees are quoted in euros. Additional taxes may apply depending on your legal status, and on your physical location. All sales are final.
All offers purchased must be paid in advance. Payment is due immediately and in full (even for offers to be paid in installments) upon online purchase of services, or upon acceptance of an offer in the case of services purchased through an application process, unless another payment schedule has been agreed upon and specified in writing.
We do not offer credit to clients. However, services to be delivered over an extended period of time can be paid in installments, for example, at the beginning of each month or each quarter. For services to be paid in installments, each installment must be paid in accordance with the payment schedule agreed upon at the time of the sale.
Failure to comply with this payment schedule will result in suspension of service and will eventually lead to the termination of the agreement without any claim to a refund. All remaining installments will become immediately exigible and the legal interest rate applicable will be added to the balance.
In any case, all products and services purchased are due in entirety after the initial 14-day retraction period has expired, and no written cancellation request has been made by the client.
Payments are processed securely and can be made via credit or debit card, via popular online payment platforms or tools, or via financial institution transfer onto the bank account specified on the invoice. The specific payment options made available to you may vary per offer.
Rates are subject to change without notice. Offers purchased before the rate change will be charged at the rate effective before the rate change, even if part or the totality of these services remains to be paid at a date posterior to the rate change. Tax rate or taxing modalities changes resulting from legal obligations may be immediately applied, even if the rate charged remains unchanged..
4. Confidentiality & Privacy
Your privacy is very important to us, and every effort is made to minimize the collection of your data. The information that you provide to receive our services is CONFIDENTIAL. It will not be shared, sold, traded, or given away for commercial purposes except in the eventuality of a transfer of the activity to another entity in our possession or of the cession of the activity to a third party.
You have the right to access, correct, request, or delete the information collected about you. You also have the right to be informed of the use we make of this data. Please note that the deletion of data is subject to the limitations stipulated by law. The exact modalities to exercise these rights are detailed in this privacy policy.
Here’s how we secure your data:
— We use encryption and/ or pseudonimization or anonimization to store your sensitive data, such as your billing details or your initial application information.
— Information exchanged during the delivery of our services is pseudonimized or anonymized, and/or made accessible through secure online platforms.
— We use end-to-end encryption for our 1-on-1 calls.
— Non-essential data is deleted after the end of the contractual period.
— The tools we use and the contractors we work with are GDPR-compliant.
Some personal data may be shared with third parties for payment collection, technical maintenance, service delivery, and similar situations relating to the technical aspect of the website’s operation and service delivery, or in certain situations stipulated by law. All efforts will be made to keep your information anonymous in the process within the limits of technical or legally-imposed constraints.
You understand that the very nature of the technologies involved in the delivery of these services may have an impact on the confidentiality of the communications beyond our control. By making your purchase, you acknowledge that you accept these technical limitations and that you will not hold us liable for any confidentiality breach that could arise from the use of these technologies.
5. Transfer outside EEA
By accepting this agreement, you also agree to the transfer of your data to countries outside the EEA. For instance, by requesting our newsletter or bonus material, your email address and some connection data are accessed by our emailing service provider in the US. Some of the forms we use and some appointment scheduling tools are provided by companies located in the US. Certain offers require the use of an online platform located in Canada. This list is not exhaustive.
In any case, we aim to minimize the use of tools that require these transfers, and all the tools we use are carefully vetted to comply with the strictest privacy-safeguarding regulations.
6. Communication
By entering this agreement, you agree to receive all communications (regular mail, emails, calls, text messages, private messenger, etc.) necessary for the fulfillment of your application or of your order.
7. Copyrights
All the material that you are given access to on any of our websites, in our mailing lists, or in any of our offers remains the exclusive intellectual property of Dominique Andersen, and can only be used for the specific purposes for which you are granted access to it. It shall not be shared, rented, sold, traded, leased, published, reproduced, uploaded, licensed, used in conjunction of AI tools or to train AI, or given away for any purpose unless you have been granted a written authorization to do so by Dominique Andersen. Should you be granted permission to use this material in ways not described in our offers, it should only be used for the exclusive purpose and under the specific terms agreed upon.
8. Limitations
Our services are intended for adults over the age of 18.
You have the obligation to submit up-to-date, accurate, and correct information at the time of your application or when purchasing an offer. You confirm that you are in full control of your mental, psychological, emotional, spiritual, financial, physical, and technical capacities and that you are in the position to receive our services. Furthermore, you also agree to cooperate throughout the delivery of the services.
Dominique Andersen reserves the right to refuse sales and services within the limits of the law on the ground of legitimate reasons (technical reasons, service unavailability, abnormal, illegal, client not in capacity to receive services, unethical client’s requests, regulated sale, etc.).
9. Fulfillment of service
9.a- General dispositions
The material and the offers available on our websites are provided in English.
Technical requirements
Most of our offers are delivered online and require a stable internet connection and a common, up-to-date browser adequate to conduct live video calls, stream videos, download training material, and access private websites. By applying for or purchasing any of our offers, you acknowledge that you are in possession of the current technical devices necessary to perform these tasks and you agree to maintain these devices to up-to-date standards to ensure continuous access to these services. Dominique Andersen cannot be held liable, and no refund will be issued to mitigate your failure to do so.
Certain offers include video calls held online via high-grade, end-to-end encrypted applications such as Whereby, Infomaniak Meet or Wire App™. To conduct our calls, some of these applications may need to be installed on your smartphone or tablet. Dominique Andersen is in no way associated with any of those services and companies and cannot be held liable for any damage resulting from using any of these tools. You choose to install these pieces of software on your devices at your own risk, and you are responsible for complying with all terms and conditions, intellectual property, and regulations associated with the use of those tools.
You are responsible for properly installing the agreed upon software before the designated time for our call. No compensation can be claimed for your failure to do so.
You may contact us through the agreed upon tool at the time of your call. The duration of the call is stipulated in the description of the offer you purchase. You are responsible for joining the call on time. Failure to do so will not entitle you to any form of compensation. Should Dominique Andersen be unable to join the call on time, you will receive compensation either in the form of additional services equal to the duration of the delay or in the form of a refund equal to the financial value of the call prorated to the delay. No other form of compensation will be issued.
In case of technical difficulties, a call can be rescheduled. This can not be considered cause for indemnity or for refund.
Dispositions relative to bespoke services
Many of the services offered are bespoke, and they are subject to an application process. You apply by submitting personal information in a form offered on one of our websites.
By submitting your application, you agree to the present terms and conditions. However, no payment is required, and this application is not binding you to the purchase of any offer. If your application is validated, you will be invited to a complimentary consultation to identify your needs and decide on the services appropriate for you. If an agreement is reached, you will receive an offer in written form. Once you confirm your agreement in writing or by filling out an online form, you will be sent an invoice along with instructions to pay for and access the services purchased. In any case, the initial consultation is complimentary, whether you choose to participate in any program or not. Payment is only due once this invoice is issued. At this point, the delivery of the chosen services will proceed according to the agreed-upon schedule and modalities.
Client portal and online resources
Some services include the access to a personal account on an online client portal. You will have access to this client portal for the entire duration of the contractual agreement, and your account will remain active for 1 month afterward. Your account and all the material associated will then be deleted for security and privacy reasons. You are responsible for downloading all the material made accessible to you before this deletion date. Your account will not be reinstated, and the material will not be reissued.
Certain offers are supported by training resources made available online through our websites or third-party platforms or tools. The modality of use and access to these training resources is stipulated for each offer.
When the use of a third-party platform or tool is required, it is clearly indicated at the point of purchase. You may be required to create an account with those third parties; you agree to also abide by their terms and conditions. Dominique Andersen is in no way affiliated with these third parties and cannot be held liable for issues arising with these third parties.
You may not share your login details or any of the material made accessible to you in any offer that uses a private client portal or private training resources. You must keep your login details secure. Furthermore, you agree to indemnify us for any damages resulting from your failure to do so.
9.b- Special dispositions relative to written support and online workshops
Certain offers include the possibility of submitting entries prior to live trainings. To be processed, your entries must be submitted according to the modalities specified in the offer purchased. These modalities may be modified during the course of the delivery of the offer without giving rise to any claim.
9.c- Dispositions relatives to in-person offers
Certain offers include in-person individual or group meetings taking place either locally or abroad. In the case of offers taking place abroad, you must ensure that you are in possession of the physical, mental, psychological, emotional, spiritual, legal, financial, and any other capacity necessary to complete this travel and participate in these offers. Additionally, you are responsible for making the appropriate travel arrangements, including securing all travel documents, visas, or insurances, and complying with any other legal and health requirements necessary for you to reach the destination where the meeting is being held in due time. No refund will be issued to mitigate any consequence resulting from your failure to do so.
A non-refundable deposit may be required to secure your participation in the event after an initial complimentary consultation. The exact modalities regarding the payment of this deposit are specified in the description of the offer. In the absence of specific payment modalities, the default payment modalities described in this agreement will prevail.
Your participation in these events will only be validated after a confirmation has been issued to you in writing. You may only make travel arrangements after receiving this written confirmation. You accept full responsibility for the risks and/or consequences resulting from you making travel arrangements before this written confirmation has been issued, and agree not to hold Dominique Andersen liable for any loss resulting from your decision.
Unless another payment schedule has been specified in the offer purchased, the following payment schedule applies: a non-refundable deposit is required to secure your application, 50% of the full amount is due 1 month before the beginning of the event, 70% of the full amount is due 2 weeks prior to the start, full payment is due at the latest 1 week before the event.
There will be no refund for arriving late or leaving early.
Cancellations
If you cancel your participation more than 90 days before the event, you will receive 100% credit of the amount already paid towards another offer to be used within 12 months.
If you cancel your participation between 90 and 30 days before the event, 50% of the cost of the full event will be kept, and you will receive the remainder of your payment as credit towards another offer to be used within 12 months.
If you cancel your participation less than 30 days before the event, no credit will be issued.
If we must cancel the event, you will receive a full refund, except in the case of force majeure, when no refund will be issued and no liability will be accepted for loss or damages.
Please note that you are responsible for your flights and accommodation. You must purchase third party travel insurance to cover those expenses and to protect yourself in the case of a cancellation.
Travel and accommodation
You understand that Dominique Andersen is neither a travel agent nor a travel organizer. These offers do not include transportation or accommodation. You are responsible for securing those at your own cost. Meals may be included depending on the package you purchase; this will be clearly indicated in your offer.
Some services may involve third parties, such as meeting location (conference rooms, hotels, restaurants, etc.). We are not affiliated with any of those companies and cannot be held liable for any issue arising from using those services. You participate in these activities at your own risk and agree to renounce any future claim.
Some of these services may take place in public spaces such as a restaurant or a park. While every effort is made to accommodate you comfortably, due to the nature of those locations, you understand that no guarantee can be made for your safety and well-being. You agree to participate in those activities with an understanding of the risks involved and without holding Dominique Andersen liable for any circumstance that could negatively affect you. In any case, you always have the option to withdraw from any of these activities. All efforts will be made to ensure your belongings are safe, but no guarantee can be made; you accept full responsibility for any loss of belongings. You must have appropriate insurance to cover these circumstances and carry your insurance details with you at all times.
Behavior
During those events, you are expected to behave in a respectable manner so as to cause no embarrassment, harm, or prejudice to the properties, peace, or well-being of others.
You are solely responsible for your actions. Any disruptive or illegal activity that requires the intervention of the authorities against you will lead to the immediate termination of services. You will be asked to vacate the premises immediately with no claim to refund for the offer purchased or for any additional expenses incurred by you to mitigate the early termination of the program (meals, hotel, replacement flights, legal fees, etc.). Eventual damages, extra charges, and legal fees resulting from your actions will be invoiced to you. Legal action may also be taken against you. You agree to indemnify Dominique Andersen and any other person affected by your actions for the prejudice caused and to refund all expenses incurred because of your actions. Under no circumstances will Dominique Andersen accept liability for damages or losses you may cause.
10. Refunds and retraction period
All purchases are final, and refunds are not provided.
However, by European law, online sales of products and services are subject to a 14-day retraction period during which purchases may be cancelled and refunded without justification. The retraction period starts from the time your order is placed and runs for the duration of 14 calendar days.
Customized offers and live events such as workshops are excluded from this provision. In the case of offers including digital material, you waive the right to withdraw your purchase by downloading or streaming the material within 14 days of purchase. These transactions are final and will not be refunded.
Should you decide, within the stated retraction period, to cancel a purchase for any reason, it should be done by sending a written request to Dominique Andersen.
A full refund of the sums paid will be issued by the same payment method used for the purchase within 14 days of the reception of the cancellation request (you may use this form), unless part of the service has already been delivered, in which case the cost of the service provided will be deducted from the refund on a pro rata basis.
No refund will be granted for requests received after the end of the 14-day period.
Individual services will only be provided after the expiration of this retraction period unless you wave your right of retraction in writing.
11. Special offers
Promotional offers may be found throughout our websites or may be sent to you via our mailing lists. These offers cannot be combined. You may only use one promotion at a time for each offer purchased.
12. Bonuses
Some offers include additional bonuses, which are not an integral part of the service or product purchased. These bonuses are clearly labeled as such. They are subject to change without notice. If a bonus is changed during the course of the fulfillment of an ongoing contract, all efforts will be made to replace the bonus with another bonus of similar or higher value. A change of bonus does not open the right to any claim.
All bonuses remain the copyrighted property of Dominique Andersen. They cannot be redistributed, traded, shared, leased, rented, sold, reproduced, published, uploaded, licensed, used in conjunction with AI tools or used to train AI, or given away.
13. Promotional visuals
Some visuals may be included along with the description of our offers. These visuals are only intended to illustrate these offers and are in no way contractually binding.
14. Session scheduling
Your facilitated individual sessions can be scheduled online after the payment for your chosen offer has been received. They can only be scheduled after a minimum of 14 days from the purchase date to account for the legal retraction period, unless a written request waiving your rights to withdraw your purchase has been submitted.
In the case of offers paid through installments, sessions can only be scheduled after each corresponding installment has been paid. No service will be provided unless corresponding payment has been made.
15. Session cancellation – rescheduling – missed session
A minimum of 24 hours of notice must be given for all session cancellations.
Failure to do so will result in the session being charged in full or in the session being deducted from the offer it was purchased in without the possibility of it being rescheduled. Exceptions may be made on a case basis at our sole discretion.
Sessions cancelled with a notice exceeding 24 hours may be rescheduled once without additional fees.
Sessions cancelled with sufficient notice rescheduled for a second time are subject to the same rule as the sessions cancelled with an insufficient cancellation notice. You may reschedule this session a second time after a €300 hourly session rescheduling fee prorated to the session’s duration has been paid. Each subsequent rescheduling of the same session will incur an additional rescheduling fee of the same amount. Each session rescheduled in this manner must be paid in full before it can take place.
In the case of cancellation initiated by us, we will take all the necessary measures to provide you with 24 hours of notice. In case this was not possible, we will provide appropriate and fair compensation in the form of an additional session or of a refund at our discretion. In any case, the amount of the compensation will never exceed the prorated hourly session rescheduling fee of €300 for the session cancelled or rescheduled.
Your failure to attend live online workshops cannot give rise to any claim. In certain circumstances, a replay link may be available to view a missed workshop session.
Special conditions applicable to in-person events are stipulated in Article 9.c.
16. Force majeure
In this agreement, force majeure events are defined as any unpredictable events outside of our reasonable control including but not limited to wars, strikes, riots, blackouts, acts of terrorism, utility service failures, internet failures, natural catastrophes such as floods, earthquakes, hurricanes, blizzards, tornadoes, volcanic irruptions, fires and any other unpredictable occurrence such as illness, serious medical emergencies, default of suppliers or of subcontractors, of disruptive impact on the fulfillment of the terms of this agreement.
Are excluded from this definition any circumstance resulting from negligence, as well as predictable or avoidable circumstances.
We will not be liable for any loss resulting from events outside our control, or for delays or failures in the performance of our obligations as a result of force majeure events.
17. Warranties and liabilities
Although due diligence is applied to provide you with the highest quality of service, and with accurate and up-to-date information and material, our offers are provided ‘as is’ and we make no representation or warranty whatsoever a) with respect to your results, b) that our websites, services, and offers will be available, accessible, reliable, without interruption or error-free. You use those products and services at your own risk.
You take full responsibility for the actions you choose or not to undertake as a result of the services rendered, and free Dominique Andersen from any liability for any loss, claim, or damage arising from the decisions you make in connection with the execution of this agreement.
18. Indemnification
You agree to indemnify and hold Dominique Andersen harmless against all claim, liability, loss, damage, cost, and expense of any kind (including legal fees) related to, or arising out of your a) breach of this agreement, b) illegal behavior, c) misconduct, d) intellectual property violation, e) misrepresentation, misuse, default or other failure to perform your obligations.
19. Severability
Should any of the provisions of this agreement be or become invalid, this shall not affect the validity of the rest of the agreement.
20. Applicable law and jurisdiction
The following agreement is available in English. These terms and conditions are subject to German law.
Any dispute in connection with the use of our offers is subject to German law and must be made to the exclusive jurisdiction of the competent courts of Berlin, Germany.