General Terms and Conditions for the Provision of Services
I. Introductory Provisions and Definition of Terms
These General Terms and Conditions (hereinafter referred to as the “Terms”) govern the mutual rights and obligations of the parties arising in connection with or on the basis of a contract for the provision of services (hereinafter referred to as the “Contract”) concluded between the Provider and the Client.
The Provider is the contracting party that sells Lenka Charvátová’s Services to the Client and with whom the Client concludes the Contract. The actual provision of the Services is ensured by Lenka Charvátová (hereinafter referred to as the “Implementer”). The Provider and the Implementer may be the same entity or they may be different entities.
The Client is a natural or legal person who enters into a Contract with the Provider.
Services mean all services and products offered by the Provider, the content of which is provided by the Implementer. These include, 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 payment of the invoice for the proposed services by the Client.
By paying the invoice, the Client confirms that they have read, understood, and agree to these Terms and Conditions.
The Provider will not begin providing the Services until the invoice has been paid in full.
Any changes to the Agreement require the written consent of both parties. Any changes to the contract require the written consent of both parties.
III. Provision of services
Individual consultations, courses, and programs: These take place in person, by telephone, or online and last 60 minutes. The provider reserves the right to change the date.
Group consultations, programs, and courses: Unless expressly stated in writing that it is an individual consultation, course, program, or therapy, it is always a group consultation, course, program, or therapy. These take place online or in person as described in the service description. The provider reserves the right to change the date.
Therapy: These are provided according to the individual needs of the Client. Unless expressly stated otherwise, these are group therapy, courses, or programs.
Terms of payment and entitlement to a refund of the price of the service:
4a. Once the provision of any Services or any part of the Service has commenced, the Client is no longer entitled to a refund of the price of the Service.
4b. The commencement of the provision of the Service means the first performance of the ordered service or the making available of the online content of the program or other agreed performance within the scope of the ordered Service.
Change of date or cancellation of Services by the Provider: The Provider reserves the right to change the date or cancel the Services. In the event of cancellation of the Services, the Provider shall not be liable for reimbursement of the Client’s costs and shall offer an alternative date for the performance of the service.
Non-attendance by the Client: The Client is not entitled to compensation in the event of non-attendance at the Services or in the event that any obstacles on their part prevent them from attending.
Termination of the contract by the Provider: The Provider is entitled to terminate the contract in the event of inappropriate, disruptive behavior on the part of the Client, which includes verbal harassment, spamming, and other disruptive activities online or in person. 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.
Intellectual Property: All materials, methods, and processes provided as part of the Services are protected by the Provider’s Intellectual Property. The Client agrees not to distribute or copy these materials.
IV. Cancellation Policy
Cancellation more than 5 days prior to the start of Services: no charge.
Cancellation 2-4 days prior to the start of Services: 50% charge of the price of Services.
Cancellation 1 day or less prior to the start of Services or no-show: 100% charge of the price of Services.
V. Complaints Procedure
Complaints must be submitted in writing within 2 working days of discovering the defect to info@lenkacharvatova.com or info@lenkacharvatova.com.au.
Complaints must include the Client’s name, a description of the defect, and proof of payment.
The Provider will decide on the validity of the complaint within 30 days and propose a remedy.
The Client is not entitled to make a complaint in the event of obstacles on their part or in the event of cancellation of the Services by the Provider.
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 and Conditions are governed by Australian law.
All disputes shall be resolved exclusively by Australian courts.
VIII. Communication
Communication shall take place electronically at the email addresses provided by the Client.
The Client is obliged to check their email inbox regularly, including the spam folder.
IX. General Statement, Disclaimer, and Liability Provisions
1. Nature and Scope of Services Provided
1.1. The Provider provides the Client with Services that are performed by the Performer. It is hereby expressly stated that neither the Performer nor the Provider, nor any other person acting on their behalf, is a licensed physician, chiropractor, osteopath, naturopath, nutrition therapist, pharmacist, psychologist, psychotherapist, or other formally licensed healthcare professional, practitioner, or healthcare provider of any kind.
1.2. In accordance with point 1.1. of this article, neither the Provider nor the Implementer provide medical, psychological, or other professional diagnoses, treatment, medication, or other medical devices. All information and Services provided to the Client are designed and provided solely for educational and support purposes. This information and these Services shall not be considered medical advice, medical diagnosis, treatment, or prescription.
2. Limitation of warranties and guarantees of results
2.1. The Provider and the Implementer hereby expressly declare, and the Client acknowledges, that none of the information, recommendations, or procedures provided as part of the Services is or will 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 Services provided 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 state of health, their compliance with recommendations and individual predispositions.
3. Client Responsibility and Obligation to Consult a Physician
3.1. The Client bears full and exclusive responsibility for their health, their decisions, and the accuracy of all information about their health condition provided to the Provider or Implementer.
3.2. Before making any changes or discontinuing existing medication, treatment, diet, exercise, or supplement program, or in case of suspicion of any health problem, it is the Client’s responsibility to consult a physician.
3.3. All advice and recommendations provided by the Implementer as part of the Services are carried out by the Client at their own responsibility and risk.
4. Exclusion of Liability of the Provider
4.1. The Provider and the Implementer shall not be liable for any indirect, incidental, special, or consequential damages, including, but not limited to, loss of profits, loss of data, or damage to reputation, which may arise in connection with the use of the Services.
4.2. The Provider and the Implementer shall also not be liable for:
a) Problems with the Client’s hardware or software that prevent access to the 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 telecommunications service providers.
5. Intellectual Property
5.1. All materials, methods, procedures, texts, images, software, and know-how that are protected by copyright or other intellectual property rights and that 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 Intellectual Property of the Provider without its 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 and Conditions
6.1. The Client is responsible for regularly reviewing the current version of these Terms and Conditions, which may be unilaterally changed by the Provider. The valid version of the Terms and Conditions is always available on the Provider’s website.
X. Final provisions
The Provider reserves the right to unilaterally change these Terms and Conditions with effect from the date of publication of the changes on the Provider’s website.
If any provision of these Terms and Conditions becomes invalid, the validity of the other provisions shall remain unaffected.