These Terms and Conditions regulate mutual rights and obligations of the parties relating to attendance at the online conference, which is booked via the web interface https://childhoodpotential.com. 

DEFINITION OF BASIC TERMS

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

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 

CUSTOMER
The person who makes an Agreement on the attendance at the online conference with the Provider via the Web interface.

USER
The natural person named in the Order to whom the online conference will be made available for their own use; the person may be different from the Customer. The Customer is to ensure that the User is made aware of these Terms and Conditions and observes the same.

CONSUMER
A Customer 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 Customer states their ID No. in the order form, they will be considered as not making the Agreement as a Consumer. 

AGREEMENT
Agreement on the attendance at the online conference, which is made between the Provider and the Customer via the Web interface. The Agreement regulates the Provider's obligation to make the online conference and all its components available to the User (or multiple Users) and the Customer's obligation to pay the specified Price 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.   

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

PRICE
The final price (including all applicable taxes, fees and costs) for attendance at the online conference as set out in the Order. It is payable in EUR, USD or (if so indicated on the Web) also in CZK.   

WEB INTERFACE or WEB
The web interface located on the website available at https://childhoodpotential.com. 

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

EXCLUSION OF LIABILITY

The online conference is designed for educational and informational purposes in the area of personal development. Neither the Provider nor the participating speakers are in any way responsible for the success or failure of the User in applying all the information and recommendations in practice, nor are they responsible for any material or non-material harm. Success always depends on a number of other factors that are beyond the scope of control of the Provider or the speakers (e.g. skills, capabilities, knowledge, abilities etc.). The online conference is not a substitute for educational, psychological or medical care.

INFORMATION ON THE WEB

Any and all reviews of the online conference 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. 

All specifications of the conference on the Web (its components, 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.
 

ORDER AND CONCLUSION OF THE AGREEMENT

The Customer orders the online conference via the Web interface by submitting a duly completed electronic order form. The Order includes basic information on the conference and its total Price. Participation in the online conference may also be offered as a package including access for a larger (up to a maximum number as specified on the Web) number of persons – Users. In this case, the Customer is obliged to state in the Order the names and e-mail addresses of all Users who will attend the conference.       

Prior to submitting the order form, the Customer 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 Customer has made a binding order of the online conference, i.e. a proposal to make an Agreement. 

The Provider confirms the receipt of the Order to the Customer by sending an e-mail to the Customer’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.

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

 

PAYMENT TERMS

PRICE FOR ATTENDANCE AT THE CONFERENCE

The Web states the current price of attending the online conference and the current price of the group package. The prices of the conference may be changed by the Provider, provided that it is always the Price that is valid at the time of ordering the conference that is to be paid by the Customer. Any discounts relating to the price of the conference may not be combined with each other. The final Price (including all applicable taxes, fees and costs) is set out in the Order summary. 

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 conference available to the User at such obviously incorrect price and has a right to withdraw from the Agreement in such case.
 

METHOD OF PAYMENT

The Price may be paid in the following ways:
by bank transfer to an account,
online by credit card.

In case of the payment method mentioned under (a) (bank transfer to an account), the Customer will receive the payment details in the e-mail confirming the acceptance of the Order.

The payment method mentioned under (b) (online credit card) 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 Customer may direct any queries regarding this payment method directly to the said company.

Any other payment methods may be indicated on the Web or expressly agreed between the Provider and the Customer. 

 

PRICE MATURITY

In case of bank transfer to the account, the Price is payable on the date specified in the payment instructions. The Price is paid when the relevant amount is credited to the Provider’s bank account.

In case of payment through a payment gateway, the Price is payable immediately upon making the Agreement.

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

 

ACCESS TO ONLINE CONFERENCE

ACCESS METHOD

The online conference will be made available to the User (in the case of a group package to all Users) by sending the access data to the User's account in the member section of the Web to the User's electronic address specified in the Order (or to the electronic addresses of all Users specified in the Order).

The Web may state that a particular part of the conference will be made available in a different manner.

Access to the online conference will not be made available until the Price has been paid in full. All video lectures and other parts of the conference are in Czech language.

 

ACCESS TIME

If it is stated on the Web that the online conference will be held on a specific date, the User will access the conference no later than on the first day of the conference. The video lectures will then be made available to the User gradually according to the pre-announced conference schedule.   

In the case of previous editions of the online conference, the time of access depends on the payment method selected. If the Price is paid by bank transfer to the account, the conference will be made available within 3 working days after the Price is credited to the Provider's bank account. In case of payment via payment gateway, the conference will be made available immediately after the payment is made.

Unless otherwise stated on the Web, the User will have access to the online conference for a period of 1 year from the date of access. 

 

TECHNICAL AND SOFTWARE EQUIPMENT

The attendance at the online conference requires the User to have hardware and software equipment enabling the User 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).

The User is responsible for linking the digital content of the conference to the User’s digital environment.

 

COPYRIGHT AND CONFIDENTIALITY

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

The User is to maintain confidentiality regarding the information necessary to access their user account in the member section of the Web, as well as regarding other data necessary to access the digital content of the conference. The User is to ensure that this confidentiality is also maintained by the persons mentioned in the previous paragraph.

In the event that the User 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 conference unavailable to the User (other attendees) 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.     

 

WITHDRAWAL FROM THE AGREEMENT

Unless it is a case referred to in the following paragraph, the Customer 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.

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 conference, or part thereof, has been made available before the expiry of this 14-day period).

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.

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.

If so indicated on the Web, the Provider provides the Customer with a so-called money-back guarantee, whereby the Customer may contact the Provider within the period indicated on the Web and request a full refund of the Price paid.   

Both the Customer 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 by any of the Users. 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 User’s obligations. The Provider is also entitled to immediately make the online conference unavailable to the User.

Should the Customer fail to pay the Price even within 10 days after the due date, the Agreement will be terminated automatically upon expiry of this period, without the need for withdrawal.

If the User 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 User’s access to the bonus, or the User 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 User even if the Agreement is cancelled).

 

RIGHTS OF DEFECTIVE PERFORMANCE AND COMPLAINTS

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.

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

Upon making the conference available, the User is advised to check the functionality and availability of its 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 of the conference is temporarily unavailable for a short period of time due to data maintenance or server outages. The Web may be updated without prior notice.

The Provider is liable to the Customer that the conference is free of defects upon access as well as throughout the duration of the Agreement.

If the Customer is a Consumer, the Provider is in particular liable to the Customer that the digital content of the conference:

• corresponds to the agreed description, scope, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
• is suitable for the purpose for which the User requires it and to which the Provider has agreed;
• is provided with the agreed accessories and instructions for use, including installation instructions or user support;
• 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;
• corresponds in scope, quantity, quality and other characteristics or performance parameters, including functionality, compatibility, accessibility, continuity and security, to the usual characteristics of digital contents of the same kind that the Consumer 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;
• is provided with such accessories and instructions for use as the Consumer may reasonably expect; and
• corresponds to the trial version or preview made available by the Provider prior to the conclusion of the Agreement.

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

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.

A Customer who is a Consumer may complain about a defect that becomes apparent or occurs during the term of the Agreement. A Customer who is not a Consumer may complain of a defect without undue delay after having had the opportunity to discover the defect, but no later than 1 month after making the conference available.

If the digital content of the conference has a defect, the Customer may demand its removal, unless it is impossible or unreasonably expensive.

The Provider shall remove the defect within a reasonable time after it has been pointed out so as not to cause the Customer significant inconvenience. 

The Customer may demand a reasonable discount or withdraw from the Agreement if

• 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;
• the defect appears repeatedly; or
• the defect is a material breach of the Agreement.

The Customer may not withdraw from the Agreement if the defect is insignificant; the defect will be deemed not to be insignificant.

The Customer who is a Consumer may also withdraw from the Agreement if the Provider is in default in making the conference available and fails to perform their obligation even without undue delay after being called upon by the Customer 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 conference available or it is obvious that they will not provide the access to the conference, 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 Customer without undue delay after withdrawal from the Agreement.

The Customer is not entitled to rights from defective performance in case of defects caused by improper use or storage of the digital content of the conference. 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 User 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 User. In the event of refusal to provide assistance, the Customer will only have rights under the defective performance if they proves the defect.

 

COMPLAINT HANDLING, CONSUMER DISPUTE RESOLUTION

If the Customer 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.

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. 

Any disputes between the Provider and the Customer will be resolved preferably amicably. The Customer – 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 Customer may also use the online dispute resolution platform set up by the European Commission at https://ec.europa.eu/consumers/odr.

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).

 

FINAL PROVISIONS

The Agreement is concluded for a definite period of time, until the Provider and the Customer fulfill their obligations under the Agreement.

The contractual relationship between the Provider and the Customer 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.

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

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.

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.

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 Customer.

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