Terms and Conditions

Terms and Conditions



These Terms and Conditions apply to the membership in the Online Club ordered via the web interface https://childhoodpotential.club.  


  1. DEFINITION OF BASIC TERMS


The terms below, which are capitalized in these Terms and Conditions, mean the following:


  1. PROVIDER 

Childhood Potential, s. r. o.

Registered in the Register of Companies kept by the Municipal Court in Prague, section C 392192

Company ID No.: 19823614

Registered office: Vačkářova 278, 251 01 Dobřejovice, Czech Republic

Telephone number: +420 605 246 227

E-mail: info@childhoodpotential.com


  1. CLUB MEMBER

A person who makes an Agreement on the membership in the Online Club with the Provider.


  1. CONSUMER

A Club Member who is a natural person and when making an Agreement with the Provider acts outside the scope of their business activity or outside the scope of their self-employment exercising of their profession. If the Club Member states their ID No. in the order form, they will be considered as not making the Agreement as a Consumer.  


  1. AGREEMENT

An agreement on the membership in the Online Club that is made between the Provider and the Club Member via the Web interface. The Agreement regulates the Provider’s obligation to make the Online Club and all its components available for the Club Member’s own use and the obligation of the Club Member to pay the specified Price on a regular basis (as set out in the Order) to the Provider. The Agreement consists of the Order, the Order confirmation and these Terms and Conditions. It is made in English, archived in electronic form and is not accessible.   


  1. ONLINE CLUB

The Childhood Potential Club that is the subject of the Agreement.

 


  1. ORDER

A duly completed and submitted electronic order form, which constitutes the Club Member’s proposal for the conclusion of the Agreement. 


  1. PRICE

The price (including all applicable taxes, fees and costs) for one period of the membership in the Online Club as set out in the Order. It is payable in USD.   


  1. WEB INTERFACE or WEB

The web interface located on the website available at https://childhoodpotential.club.  


  1. CIVIL CODE

Act No. 89/2012 Sb., Civil Code, as amended.


  1. EXCLUSION OF LIABILITY


The Online Club is designed for educational and informational purposes in the area of personal development. The Club Member acknowledges that the information provided by the tutors of the included online courses and sessions is only guidance and recommendations. Neither the Provider nor the tutors are in any way responsible for the success or failure of the Club Member in applying them in practice, nor are they responsible for any material or non-material harm. Throughout the entire duration of the membership in the Online Club, the Club Member is fully liable for their actions, behaviour and decisions. Success always depends on a number of other factors that are beyond the scope of control of the Provider or the Tutors (e.g. skills, capabilities, knowledge, abilities etc.). The Online Club is not a substitute for educational, psychological or medical care.


  1. INFORMATION ON THE WEB


  1. Any and all reviews of the Online Club or the Provider that are published on the Web come from a person who is a (former) customer of the Provider or a person related to the Provider. The Provider keeps track of their customers and, in case of doubt, will consult their records to determine whether the person who provided the review is their (former) customer or a (former) customer of a person related to them. In this way, the credibility of the reviews is verified. Not all reviews must be listed on the Web; the Provider selects the reviews to be published. Reviews published on third party platforms (e.g. www.google.com and others) are not verified by the Provider.  


  1. All specifications of the Online Club on the Web (its description, its contents, its Price etc.) are informative and do not constitute a proposal for the conclusion of a contract; the provision of Section 1732 (2) of the Civil Code therefore does not apply.

 


  1. ORDER AND CONCLUSION OF THE AGREEMENT


  1. Membership in the Online Club is offered in different options, which are listed on the Web (monthly, six-monthly, annual, or other). Membership in the Online Club is ordered along with the selection of a particular option through the Web interface by submitting a duly completed electronic order form. The Order also includes the selected membership option and the Price per a membership period depending on the selected option.  


  1. Prior to submitting the order form, the Club Member may check and change the filled-in data. The Provider relies on the truthfulness, correctness and completeness of the data provided in the Order and assumes no liability for any false, incorrect or incomplete data. By pressing the respective button in the order form, the completed order form is sent and the Club Member has made a binding order of the membership in the Online Club, i.e. a proposal to make an Agreement.  


  1. The Provider confirms the receipt of the Order to the Club Member by sending an e-mail to the Club Member’s electronic address specified in the Order. This confirmation e-mail includes a summary of the Order and these Terms and Conditions. Upon delivery of this confirmation e-mail, the Agreement is made and this e-mail constitutes at the same time a confirmation of its conclusion. The Agreement may also be made under individually agreed terms.


  1. Any costs incurred by the Club Member in connection with using the remote communication means (including, but not limited to, the costs of the Internet connection) are paid by the Club Member and do not differ from the normal rate. By placing an Order, the Club Member agrees to use the remote communication means. 


  1. PAYMENT TERMS AND TERMINATION OF MEMBERSHIP


PAYMENT TERMS

  1. The Web lists the current price of each type of the membership in the Online Club (monthly, six-monthly, annual, or other). The prices may be changed by the Provider, provided that it is always the Price that is valid at the time of ordering the membership that is to be regularly paid by the Club Member. Any discounts relating to the price may not be combined with each other. The final Price for one membership period (including all applicable taxes, fees and costs) is set out in the Order summary.  


  1. Should there be an apparent error in the price shown on the Web (e.g. a typo) or a similar error occurring in the process of making the Agreement, the Provider is not obliged to make the Online Club available to the Club Member at such obviously incorrect price and has a right to withdraw from the Agreement in such case. 

 

  1. The Online Club is made available no sooner than upon full payment of the Price for the first membership period as set out in the Order. 


  1. Payment for the Online Club membership is only possible by automatic recurring card payments.


  1. This payment method is connected to the payment gateway of Stripe, Inc. (https://stripe.com). This company provides secure technology for accepting credit cards. All data during the payment process is entered through the secure and trusted channel of the aforementioned company and is not transmitted by this company to the Provider. The Club Member may direct any queries regarding this payment method directly to the said company.  


  1. The payment of the Price for the first membership period will be made immediately after ordering the membership. Thereafter, the amounts for the next period of membership in the Online Club, in a clearly specified amount and period according to the chosen option (starting from the date of the Order), are automatically debited from the credit card whose details were entered at the time of payment. The Club Member agrees to the automatic debiting of amounts when ordering the membership. This automatic debiting of the payment card continues until the Online Club membership is terminated.


  1. The Club Member will always be notified by e-mail 7 days before the next automatic debit payment. This information will also include clear instructions on how the Club Member can terminate their membership and thereby also the recurring payments. 


  1. Upon receipt of each payment, the Provider is to issue and send the respective invoice to the Club Member’s e-mail. By agreeing to these Terms and Conditions, the Club Member also agrees to the issuance and sending of the invoices in electronic form.  


TERMINATION OF CLUB MEMBERSHIP


  1. The membership in the Online Club may only be terminated by notification sent by the Club Member by email to info@childhoodpotential.com, which will include the name and last name and email address that was provided in the Order. This notification must be made no later than on the 3rd working day before the start of the next billing period to avoid an automatic charge for the next billing period. 


  1. Membership in the Online Club will expire on the day following the end of the period for which the membership has been paid. On that day, any and all digital content that is part of the Online Club will be made unavailable to the expired Club Member and the Club Member will also cease to enjoy all the privileges and benefits of membership. 


  1. ACCESS TO ONLINE CLUB


  1. The Online Club will be made available to the Club Member by sending the access data to the online platform to the Club Member’s electronic address specified in the Order. From the online platform the Club Member gets access to the video library, coaching sessions and other parts of the Online Club.


  1. If a different method of making any part of the Online Club available is specified on the Web, such part will be made available to the Club Member in that different method.


  1. The Online Club will be made available to the Club Member immediately upon payment of the Price for the first membership period, unless otherwise stated on the Web.  


  1. TECHNICAL AND SOFTWARE EQUIPMENT


  1. The membership in the Online Club requires the Club Member to have hardware and software equipment enabling the Club Member to play video and audio files, to open and work with documents in docx, pdf and similar formats, to have an internet connection with a sufficient connection speed and to have a functional e-mail box maintained in a state capable of receiving messages (digital environment). 


  1. The Club Member is responsible for linking the digital content of the Online Club to the Club Member’s digital environment.


  1. COPYRIGHT AND CONFIDENTIALITY


  1. All parts of the Online Club are copyrighted works. The Provider makes the Online Club available to the Club Member for their own use. The Online Club (or any part thereof), whether in its original or modified form, may not be redistributed or used by others (except for the Club Member’s employees or persons who cooperate with the Club Member and who use the Online Club for the Club Member’s benefit only) without the Provider’s prior express written consent.

 

  1. The Club Member is to maintain confidentiality regarding the information necessary to access the online platform of the Online Club, as well as regarding other data necessary to access the content of the Online Club. The Club Member is to ensure that this confidentiality is also maintained by the persons mentioned in the previous paragraph. 


  1. In the event that the Club Member or any of the persons referred to in paragraph 1 above breaches the copyright or confidentiality obligation, the Provider is entitled to make the Online Club unavailable to the Club Member and/or to claim compensation for any damage incurred as a result of such breach. Furthermore, copyright infringement is punishable under the Copyright Act and under criminal law.     


  1. WITHDRAWAL FROM THE AGREEMENT


  1. Unless it is a case referred to in the following paragraph, the Club Member who is a Consumer has the right to withdraw from the Agreement without giving any reason within 14 days from the date of conclusion of the Agreement, pursuant to Section 1829 of the Civil Code. 


  1. Nevertheless, in accordance with Section 1837 of the Civil Code, the Consumer does not have the right to withdraw from the Agreement pursuant to the preceding paragraph in the event that, with their consent, the performance has commenced before the expiry of the withdrawal period (i.e. in the event that, with the Consumer’s consent, the Online Club, or part thereof, has been made available before the expiry of this 14-day period). 


  1. The withdrawal period is maintained if the Consumer sends the notice of withdrawal to the Provider no later than on the 14th day after the date on which the Agreement was made. The Consumer may use the form set out below these Terms and Conditions to withdraw. The Consumer may withdraw from the Agreement by sending the completed form, or other text of similar wording, to any of the Provider’s contact addresses listed above, or by any unambiguous statement made by the Consumer to the Provider. 


  1. Upon receipt of the notice of withdrawal from the Agreement, the Provider confirms its receipt to the Consumer. The Price will be refunded to the Consumer without undue delay, within 14 days of withdrawal from the Agreement at the latest to the same account from which it was paid. The Price may be refunded by other means if the Consumer agrees to it and if no additional costs are incurred by them in relation thereto. The costs of withdrawal from the Agreement are legally borne by the Consumer.


  1. If so indicated on the Web for a specific type of membership in the Online Club, the Provider provides the Club Member with a so-called money-back guarantee, whereby the Club Member may contact the Provider within the period indicated on the Web and request a full refund of the Price paid.   

 

  1. Both the Club Member and the Provider may withdraw from the Agreement in cases provided for by law or the Agreement, especially in the event of a material breach of the obligations of the other party. The Provider may withdraw from the Agreement, for example, in the event of unauthorized interference with the Web interface, breach of copyright or confidentiality obligations. In the event of withdrawal from the Agreement, the Provider is entitled to claim damages, if they have incurred damage as a result of the breach of the Club Member’s obligations. The Provider is also entitled to immediately make the digital content of the Online Club unavailable to the Club Member. 


  1. The Provider may also withdraw from the Agreement due to failure to meet the minimum capacity or maximum capacity of the Online Club or for other serious reasons. If no performance has yet been provided by the Provider, the amount paid by the Club Member will be refunded within 14 days of the withdrawal from the Agreement. The Price will be refunded to the same account from which it was paid. If the performance by the Provider has been partially provided by the time of withdrawal from the Agreement, the Club Member will be refunded the Price paid reduced by the amount corresponding to the performance theretofore made.   


  1. If the Club Member is provided with a bonus gift, the gift contract is made with the condition that if the Agreement is withdrawn from, the gift contract ceases to be effective. As a result, the Provider is entitled to immediately cancel the Club Member’s access to the bonus, or the Club Member is obliged to send or hand over the bonus to the Provider without undue delay, no later than within 14 days of withdrawal from the Agreement. The above applies unless otherwise stated on the Web (e.g. that the gift will remain with the Club Member even if the Agreement is cancelled). 


  1. RIGHTS OF DEFECTIVE PERFORMANCE AND COMPLAINTS


  1. Rights arising from defective performance are governed by the applicable and effective legal provisions, in particular Sections 1914 to 1925 and Sections 2389a to 2389s of the Civil Code. 


  1. The Club Member may exercise the rights arising from defective performance with the Provider through the contacts listed above in these Terms and Conditions. 


  1. Upon making the Online Club available, the Club Member is advised to check the functionality and availability of its video library and other original content as soon as possible and, if they find any deficiencies or defects, to contact the Provider in order to make corrections. It may happen that the digital content is temporarily unavailable for a short period of time due to data maintenance or server outages. The Web may be updated without prior notice. 


  1. The Provider is liable to the Club Member that the Online Club is free of defects upon access as well as throughout the duration of the Agreement. 

 

  1. If the Club Member is a Consumer, the Provider is in particular liable to the Club Member that the digital content of the Online Club: 


  1. corresponds to the agreed description, scope, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;

  2. is suitable for the purpose for which the Club Member requires it and to which the Provider has agreed; 

  3. is provided with the agreed accessories and instructions for use, including installation instructions or user support;

  4. is suitable for the purpose for which the digital content of this kind is normally used, also with regard to the rights of third parties, legislation, technical standards or codes of conduct of the industry, if there are no technical standards; 

  5. corresponds in scope, quantity, quality and other characteristics or performance parameters, including functionality, compatibility, accessibility, continuity and security, to the usual characteristics of digital content of the same kind that the Club Member can reasonably expect, also taking into account public statements made by the Provider or another person in the same contractual chain, in particular advertising or labeling;

  6. is provided with such accessories and instructions for use as the Club Member may reasonably expect; and 

  7. corresponds to the trial version or preview made available by the Provider prior to the conclusion of the Agreement.


  1. The preceding paragraph does not apply if the Provider has specifically notified the Club Member before the conclusion of the Agreement that a feature of the digital content of the Online Club is different and the Club Member has expressly agreed to this when concluding the Agreement.


  1. The Provider is not bound by the public statement referred to in paragraph 5(e) above if they prove that they were not aware thereof or that it was modified at the time of conclusion of the Agreement in a manner at least comparable to that in which it was made or that it could not have influenced the decision to make the Agreement. 


  1. If the content of the Online Club has a defect, the Club Member may demand its removal, unless it is impossible or unreasonably expensive.


  1. The Provider shall remove the defect within a reasonable time after it has been pointed out so as not to cause the Club Member significant inconvenience, taking into account the nature of the content and the purpose for which the Club Member requested it.  


  1. The Club Member may demand a reasonable discount or withdraw from the Agreement if


  1. the Provider has refused to remedy the defect or has not remedied it or it is apparent that they will not remedy it in accordance with the preceding paragraph;

  2. the defect appears repeatedly; or

  3. the defect is a material breach of the Agreement.


  1. The Club Member may not withdraw from the Agreement if the defect in the content of the Online Club is insignificant; the defect will be deemed not to be insignificant.


  1. The Club Member who is a Consumer may also withdraw from the Agreement if the Provider is in default in making the Online Club available and fails to perform their obligation even without undue delay after being called upon by the Club Member to perform or within an additional expressly agreed period. Without an additional period of time, the Consumer may only withdraw from the Agreement if the Provider has refused to make the Online Club available or it is obvious that they will not make the Online Club available, or if it is obvious from the mutual agreement or the circumstances at the conclusion of the Agreement that performance is necessary within the specified time. The Price will be refunded to the Club Member without undue delay after withdrawal from the Agreement. 


  1. The Club Member is not entitled to rights from defective performance in case of defects caused by improper use or storage of the digital content of the Online Club. The Provider is not liable for the unavailability or other defects of the digital content in the event of an inadequate digital environment. For the purpose of verifying whether a defect has occurred as a result of an inadequate digital environment, the Club Member is under a legal obligation to provide the Provider with the necessary cooperation to the extent that can reasonably be requested and that can be provided by technically available means that are least disruptive to the Club Member. In the event of refusal to provide assistance, the Club Member will only have rights under the defective performance if they proves the defect.


  1. COMPLAINT HANDLING, CONSUMER DISPUTE RESOLUTION


  1. If the Club Member has any complaint regarding the concluded Agreement, its performance or the Provider’s activities, they may contact the Provider at any of the contact addresses stated above.


  1. Supervision over compliance with the Provider’s obligations arising from legal regulations is exercised by the following authorities: the Czech Trade Inspection Authority, the Trade Licensing Office and the Office for Personal Data Protection (if the obligations relate to personal data processing); these authorities may also be contacted in case of any complaint. 


  1. Any disputes between the Provider and the Club Member will be resolved preferably amicably. The Club Member – Consumer has the right to an out-of-court settlement of a dispute. In such case, the out-of-court settlement of consumer disputes is performed by the Czech Trade Inspection Authority, having its registered office at Štěpánská 44, 110 00 Prague 1, Czech Republic, ID No.: 00020869. All details on out-of-court resolution are available on the website of the Czech Trade Inspection Authority (www.coi.cz). The Club Member may also use the online dispute resolution platform set up by the European Commission at https://ec.europa.eu/consumers/odr. 


  1. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 44, 110 00 Prague 1, Czech Republic (https://www.evropskyspotrebitel.cz), is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes). 


  1. FINAL PROVISIONS 


  1. The Agreement is concluded for an indefinite period of time. It may be terminated by the Club Member terminating their membership in the manner set out in these Terms and Conditions, or by withdrawing from the Agreement for any reasons set out in law or in these Terms and Conditions. 


  1. The contractual relationship between the Provider and the Club Member shall be governed by the law of the Czech Republic, in particular the Civil Code. This is without prejudice to the Consumer’s rights under generally binding legal regulations. 


  1. The principles of personal data processing are contained in a separate document published on the Web. 


  1. In case of force majeure, the Provider is not be liable for any damage incurred in connection with the case of force majeure, and if the state of force majeure lasts longer than 10 days, the Provider is entitled to withdraw from the Agreement. 

 

  1. If any provision of these Terms and Conditions is or becomes invalid or ineffective, the invalid or ineffective provision is to be replaced by a provision whose meaning is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of any provision hereof will not affect the validity and effectiveness of the remaining provisions of these Terms and Conditions. 


  1. The Provider is entitled to unilaterally change these Terms and Conditions, while the text of the Terms and Conditions effective on the date of the Order applies to the Club Member.


  1. These Terms and Conditions are effective from 20 November 2023.







WITHDRAWAL FORM FOR AGREEMENT MADE BY DISTANCE MEANS 

OR OFF-PREMISES

(fill in this form and send it back only if you want to withdraw from the Agreement)




Withdrawal from the Agreement



Addressee: Childhood Potential, s. r. o.

Vačkářova 278, 251 01 Dobřejovice, Czech Republic

info@childhoodpotential.com  




This is to announce that I/we (*) hereby withdraw from the Agreement to purchase the goods(*)/services(*):



Date of order(*) date of receipt(*):



Consumers’ name(s) and last name(s):



Consumers’ address(es):



Bank account number for money refund: 



Date:



Consumers’ signature(s): 

(only if this form is sent in paper form)




(*) Delete where not applicable or fill in the data