General Terms and Conditions for the Provision of Services

I. Introductory Provisions and Definitions

These General Terms and Conditions (hereinafter referred to as “Terms”) govern the mutual rights and obligations of the parties arising in connection with or on the basis of the service agreement (hereinafter referred to as the “Agreement”) concluded between the Provider and the Client.

The Provider is the contracting party that sells the Services of Lenka Charvátová to the Client and with whom the Client concludes the Agreement. The actual delivery of the Services is ensured by Lenka Charvátová (hereinafter referred to as the “Implementer”).

The Client is a natural or legal person who concludes the Agreement with the Provider.

Services shall mean all services and products offered by the Provider, the content of which is provided by the Implementer. This includes, in particular, consultations, individual and group programs, therapeutic work, courses, workshops, webinars, online and in-person events, and related digital content or materials.

II. Conclusion of the Agreement

The Agreement is concluded upon the Client’s payment of the invoice for the proposed services.

By paying the invoice, the Client confirms that they have read, understood, and agree to these Terms.

The Provider will not commence the provision of Services until the invoice has been paid in full.

Any amendments to the Agreement require the written consent of both parties.

III. Provision of Services

1. Individual Consultations, Courses, and Programs: These take place in person, by telephone, or online and typically last 60 minutes. The Provider reserves the right to change the date or time.
2. Group Consultations, Programs, and Courses: Unless expressly stated in writing that a consultation, course, or program is individual, it is always considered a group session. These take place online or in person as described in the program. The Provider reserves the right to change the date or time.
3. Therapy: Services are provided according to the individual needs of the Client. Unless expressly stated otherwise, it is considered group therapy.
4. Payment Terms and Entitlement to a Refund: 4a. Once the provision of any Services or any part of a Service has commenced, the Client is no longer entitled to a refund of the Service price. 4b. The commencement of the Service is defined as the first consultation or lesson held, access to the online program content being granted, or any other agreed-upon fulfillment within the scope of the ordered Service.
5. Change of Date or Cancellation of Services by the Provider: The Provider reserves the right to change the date or cancel the Services for operational reasons or due to force majeure. In the event of cancellation due to force majeure, the Provider is not liable for reimbursing the Client’s costs and will offer an alternative date, online delivery of the service, or a substitute service.
6. Client’s Non-attendance: The Client is not entitled to any compensation in the event of non-attendance at the Services or if they are prevented from participating due to obstacles on their part.
7. Termination of the Agreement by the Provider: The Provider is entitled to terminate the Agreement in the event of inappropriate conduct by the Client, which includes verbal harassment, spamming, and other disruptive online activities. In such a case, the Client is not entitled to a refund, and the Provider is entitled to a cancellation fee of 100% of the price of the ordered Services.
8. Intellectual Property: All materials, methods, and processes provided as part of the Services are protected by the Provider’s Intellectual Property. The Client undertakes not to distribute or copy these materials.

IV. Cancellation Policy

• Cancellation more than 5 days before the commencement of Services: No charge.
• Cancellation 2-4 days before the commencement of Services: A fee of 50% of the Service price.
• Cancellation 1 day or less before the commencement of Services or non-attendance: A fee of 100% of the Service price.

V. Complaints Procedure

1. Complaints must be submitted in writing within 2 working days of discovering the defect to info@lenkacharvatova.com or info@lenkacharvatova.com.au.
2. The complaint must include the Client’s name, a description of the defect, and proof of payment.
3. The Provider will decide on the validity of the complaint within 30 days and propose a method of remedy.
4. The Client is not entitled to file a complaint in the case of obstacles on their part or in the event of cancellation of the Services by the Provider due to force majeure.

VI. Out-of-Court Dispute Resolution

Before filing a lawsuit, the Client undertakes to attempt to resolve the dispute out of court through mediation or arbitration.

VII. Governing Law and Jurisdiction

These Terms are governed by Australian law.

All disputes will be resolved exclusively by Australian courts.

VIII. Communication

Communication shall be conducted electronically to the email addresses provided by the Client.

The Client is obliged to regularly check their email inbox, including the spam folder.

IX. General Declaration, Disclaimer, and Liability Provisions

1. Nature and Scope of Services Provided 1.1. The Provider facilitates Services for the Client, which are delivered by the Implementer. It is hereby expressly stated that neither the Implementer, the Provider, nor any other person acting on their behalf, is a licensed medical doctor, chiropractor, osteopath, naturopath, registered dietitian, pharmacist, psychologist, psychotherapist, or any other formally licensed healthcare professional, practitioner, or provider of any kind. 1.2. In accordance with clause 1.1 of this article, neither the Provider nor the Implementer provides medical, psychological, or other professional diagnoses, treatment, medication, or other healthcare tools. All information and Services provided to the Client are designed and delivered for educational and supportive purposes only. This information and these Services must not be considered medical advice, medical diagnosis, treatment, or prescription.
2. Limitation of Warranties and Guarantees of Results 2.1. The Provider hereby expressly declares, and the Client acknowledges, that none of the information, recommendations, or procedures provided within the scope of the Services is or shall be interpreted as a promise of benefits, a claim of cure, a legal warranty, or a guarantee of achieving specific results. 2.2. The Client accepts that individual responses to the provided Services and therapeutic procedures may vary and that the results achieved depend on many factors beyond the control of the Provider and the Implementer, including, but not limited to, the Client’s health status, their adherence to recommendations, and individual predispositions.
3. Client’s Responsibility and Duty to Consult a Physician 3.1. The Client bears full and sole responsibility for their health, their decisions, and the truthfulness of all information about their health condition provided to the Provider or the Implementer. 3..2 Before making any changes to or discontinuing any current medication, treatment, diet, exercise, or supplement program, or if any health problem is suspected, it is the Client’s obligation to consult their attending physician or another qualified healthcare professional. The information and Services provided by the Provider or the Implementer do not serve as a substitute for a professional medical consultation. 3.3. All advice and recommendations provided by the Implementer within the scope of the Services are implemented by the Client at their own responsibility and risk.
4. Disclaimer of Liability of the Provider 4.1. The Provider shall not be liable for any indirect, incidental, special, or consequential damages, including, but not limited to, loss of profit, loss of data, or damage to goodwill, which may arise in connection with the use of the Services. 4.2. The Provider is further not liable for: a) The Client’s hardware or software problems that prevent access to online Services. b) The unavailability of the Provider’s website for technical reasons. c) The actions of third parties, including, but not limited to, payment gateway providers or telecommunication services.
5. Intellectual Property 5.1. All materials, methods, procedures, texts, images, software, and know-how protected by copyright or other intellectual property rights, which are provided to the Client as part of the Services, constitute the Intellectual Property of the Provider or the Implementer. 5.2. The Client undertakes not to distribute, copy, modify, or otherwise misuse the Provider’s Intellectual Property without prior written consent. In the event of a breach of this provision, the Client shall pay the Provider a contractual penalty of AU$50,000 for each individual breach.
6. Changes and Updates to the Terms 6.1. The Client is responsible for regularly reviewing the current version of these Terms, which may be unilaterally amended by the Provider. The valid version of the Terms is always available on the Provider’s website.

X. Final Provisions

The Provider reserves the right to unilaterally change these Terms, with such changes becoming effective on the date of their publication on the Provider’s website.

If any provision of these Terms becomes invalid, the validity of the remaining provisions shall remain unaffected.