GENERAL TERMS AND CONDITIONS

These terms and conditions apply to all legal relationships arising from contracts for the provision of services or other products concluded with the following business entity: Lenka Charvatova, ABN: 19508004 (country Australia) or Mgr. Lenka Charvátová IČO: 09648534 (country Czech Republic), (hereinafter referred to as the “Provider”) and the Client/Customer.

These General Terms and Conditions apply to all agreements concluded after 1 January 2021 with the Provider. Deviating provisions in the contract shall prevail over the wording of these terms and conditions.

I. INTRODUCTORY PROVISIONS

These General Terms and Conditions of Business (hereinafter referred to as “GTC”) govern the rights and obligations of the parties arising from the contract concluded between the Provider and the Client/Customer.

For the purposes of these GTC, the Client/Customer means any person who has ordered a service or product from the Provider.

For the purposes of these GTC, service means consultations/individual and group programmes/therapies/exercises/courses as offered by the provider.

II. CONTRACT CONCLUSION PROCESS

The Provider shall send a proposal for the services to be provided to the Customer by email or present it in person. The contract is concluded at the moment of payment of the invoice in the proposal for the services provided.

By paying the invoice for the services provided to the Provider, the Client confirms that he has read the terms and conditions of the Provider, that he agrees with them and that he has freely expressed his will. The Customer shall be sufficiently informed of these terms and conditions and shall have the opportunity and obligation to consult them on the Provider’s website. In the event of conclusion of the contract, these terms and conditions become an integral part of the contract. The date of payment of the invoice shall be deemed to be the date on which the payment is credited to the provider’s account. The Provider shall not commence any service unless the invoice for that service is paid in full.

The agreed terms and conditions of the contractual relationship between the Customer and the Provider may only be changed or cancelled by express written agreement of both parties and furthermore on the basis of the conditions set out in these GTC.

III. SERVICES PROVIDED

Terms and Conditions for Group Programs and Consultations

The duration of one session of a group program or consultation is a minimum of 60 minutes. Sessions take place online or in person. The Provider has the right to unilaterally change the time of the group program and is obliged to inform the Client of this change immediately by phone, SMS, or email.

If there is only one person in the group program, the duration of one session is 45 minutes.

All programs are group-based unless explicitly agreed otherwise in writing between the Client and the Provider.

IV. WITHDRAWAL FROM THE CONTRACT, BREACH OF THE CONTRACT, AMENDMENT OF THE CONTRACT

If the provision of services has already commenced, the Customer shall not be entitled to withdraw from this contract.

The Provider reserves the right not to commence the agreed service and to withdraw from contracts already concluded. In such a case, the Customer will be offered the service at another time, or any monies already paid will be refunded to him/her.

If an operational obstacle or force majeure prevents the Provider from providing the agreed service, the Provider shall be obliged to provide the agreed services on alternative dates specified by the Provider.

If the provision of services is cancelled due to force majeure (e.g. pandemic, government regulation, travel ban, etc.), no refund will be given and the service will be provided either online or at an alternative date.

The Provider shall not pay for any optional costs, which includes but is not limited to travel, lodging and meals.

Failure to participate in the Event whether “live”, “virtual”, “hybrid”, and/or “online” for whatever reason, will NOT entitle the Client to a refund.

The Client is not entitled to financial compensation or an alternative date for the service provided when obstacles arise on his/her part that prevent him/her from properly participating in the relevant service (e.g. change in the Client’s time availability, illness, or change in other circumstances).

In the event that the Client’s behaviour endangers the property or health of other participants or the Provider, or significantly disrupts the service, the Provider has the right to withdraw from the contract concluded with the Client without further delay. However, the foregoing shall not affect the obligation of such the Client to compensate for any damage caused by his/her unlawful conduct. If the Provider exercises the right of withdrawal under this paragraph, the Client shall be obliged to pay a cancellation fee of 80 % of the total price of the service provided.

The Provider shall also have the right to withdraw from the contract without further notice if the Client’s behaviour during the service is gross and in flagrant contravention of decency and the rules of civil coexistence, i.e. if the Client commits serious moral turpitude or criminal activity during the service. The foregoing shall not affect any obligation on the part of such a Client to compensate for the damage caused by his unlawful conduct. If the Provider exercises the right of withdrawal under this paragraph, the Client is obliged to pay a severance payment of 80% of the total price of the training/course.

In all other cases, the relevant provisions of Australian law will apply for withdrawal.

V. CANCELLATION POLICY

The Provider shall be entitled to claim financial compensation in the event that the Customer fails to attend or cancels his/her participation in the agreed services in the following cases, and shall notify the Provider thereof in writing by post or e-mail:

5 calendar days before the start of the agreed services – no cancellation fee

4-2 calendar days before the start of the agreed services – cancellation fee of 50% of the service price

1 day before the start of the agreed services – cancellation fee 100% of the service price

VI. COMPLAINTS

The time limit for exercising rights for defective performance is 6 months.

The Customer shall file a claim with the Provider in writing to the following email address: info@lenkacharvatova.com, without undue delay, but no later than 2 working days after becoming aware of this fact.

Such written complaint must contain the following: name and surname/company, contact details and description of the defect. Without the aforementioned particulars, the Provider will not consider the complaint.

The Provider shall have the right to examine the grounds for the complaint and, if it finds it justified, to propose a solution to the complaint to the Customer (e.g. allowing the transfer to another programme or refunding the price of the service).

The Provider, or the employee authorised by the Provider, undertakes to settle the complaint immediately, if possible, or within 5 working days. In more complex cases, the Provider or the employee authorised by the Provider shall decide on the complaint within 30 days of receipt of the written notification specified above, unless another time limit is agreed with the Customer.

The Provider has the right to choose the method of eliminating the defect in the case of an accepted complaint.

Obstacles on the part of the Customer (e.g. a change in the Customer’s time availability for enrolling in the programme or a change in other circumstances) will not be recognised as a relevant reason.

Cancellation of a programme for reasons on the part of the Provider will also not be accepted as a relevant reason for the complaint. The Provider undertakes to arrange an alternative date for the cancelled programme.

VII. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES

If a dispute arises between the Customer and the Provider, we strongly recommend that you contact the Provider at info@lenkacharvatova.com to find a solution. All reasonable requests will be considered and the Provider will attempt to resolve the dispute through alternative dispute resolution procedures such as mediation or arbitration as an alternative to litigation.

VIII. LANGUAGE OF THE CONTRACT, APPLICABLE LAW, PLACE OF JURISDICTION

All contracts between the Customer and the Provider shall be concluded in the Czech or English language and the legal relations arising from such contracts as well as the legal relations arising from these GTC shall be governed exclusively by the law of the Commonwealth of Australia.

These Terms and Conditions shall be subject to and construed in accordance with Australian law.

The Provider and the Customer shall, in the event of any disputes relating to obligations under their contracts (or these GTC) or relating to legal relationships arising in connection with such contracts, use reasonable endeavours to resolve such disputes by mutual agreement. In the event that such parties are unable to resolve their mutual dispute by agreement, then the courts of the Commonwealth of Australia shall have jurisdiction to settle the dispute. The jurisdiction of other courts shall not be accepted.

IX. COMMUNICATION

All written communications between the Provider and the Customer shall be made electronically to the email addresses provided by the Parties to each other at the time of entering into the Contract. The Parties acknowledge the authenticity of the messages sent. Messages sent to these email addresses shall be deemed to have been delivered on the date on which they were successfully sent to the address in question.

X. GENERAL DECLARATION AND LIABILITY PROVISIONS

The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under Australian Consumer Laws.

The Provider makes no representation or warranty, express or implied, and will not be liable, in contract or general tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damage or reliance in connection with the Provider´s Site or its contents, nor for any reliance on the completeness, accuracy, suitability or timeliness of the data, products or services, regardless of any verification measures taken by the Provider.

In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site or Our Content.

The Customer acknowledges that it may be subjected to mental, physical and emotional stress during the course of the Program.

No references or examples on the Provider’s website or in its marketing materials shall be deemed to be a guarantee that the Client will achieve the same or similar results. They are results in individual cases and do not apply generally. A Customer´s success in the program depends on many factors, including their background, commitment, participation, desire and motivation.

The Client is responsible for his or her own health care and treatment.

Services, information and guidance from the Provider offer support for setting goals, establishing priorities and achieving results. Any decisions the Client makes and the consequences resulting from such decisions are the sole responsibility of the Client.

The Provider shall not be liable for any decisions and their consequences that the Client may make, nor for any losses that may arise from any personal or business decision ever made by the Client. The Provider shall not be liable for any damage, loss, injury or any liability whatsoever to the Customer or any third party as a result of reliance on any information or instructions offered to the Customer.

The Client understands that information or instructions offered by the Provider are not a substitute for consultation, diagnosis and/or medical treatment by his/her physician or health care provider.

The Client understands that specific questions or concerns regarding health and medicine are primarily directed to his/her physician or health care provider.

Under no circumstances should the Client interrupt treatment because of information provided by the Provider. In addition, the Client should never stop taking prescribed or recommended medications unless specifically authorized by the treating physician or health care provider. If the Client thinks he/she is suffering from a medical problem, he/she should seek immediate medical attention from his/her health care provider.

The Provider is not responsible for loss due to inaccuracies or incompleteness, nor for loss due to problems caused by or inherent in the dissemination of information via the Internet, such as interruptions or disruptions. When using web forms, the Provider shall keep the number of required fields to a minimum.

The Provider accepts no responsibility for the content of web pages to or from which a hyperlink or other reference is made. Products or services offered by third parties are subject to the respective terms and conditions of those third parties.

All intellectual property rights in the content on this website belong to the Provider.

Copying, distribution and any other use of this material is not permitted without the written consent of the Provider.

XI. FINAL PROVISIONS

The Provider reserves the right to unilaterally change the GTC and to inform about this in due time and without undue delay by means of a notice on its website.

By ordering the services, the Customer confirms that he/she has read these GTC and agrees to them without any reservations. And this act was made on the basis of his/her free and true will.

The Customer is aware of the fact that the services provided to him/her are intended exclusively for him/her and may not assign the provision of the services to a third party without the prior written consent of the Provider. The Customer acknowledges that any materials provided to him/her during any of the Programmes are the intellectual property of the Provider and are subject to copyright protection.

The trademarks, logos and service marks displayed on the Provider’s Site are registered or unregistered trademarks of the Provider. Trademarks, whether registered or unregistered, may not be used in connection with any product or service that is not owned by the Provider, in any manner that is likely to cause confusion among customers, or in any manner that disparages the Provider.

In the event that any provision of these GTC becomes invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.

These GTC shall come into force and effect on 1 January 2021.

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