General Terms and Conditions for the provision of Services
by the Ladies Lab sp. z o.o.
1 General Provisions
1.1 Ladies Lab sp. z o.o., through the website: [
https://menglimaria.com/ladies-lab-sp], provides training, coaching and support services in the field of self-presentation, marketing, and other activities, as indicated on the Website. The Website is operated by Ladies Lab sp. z o.o. with its registered office in Gdańsk, at ul. Migowo 22B, 80-282 Gdańsk, Poland, entered into the National Court Register by the District Court Gdańsk - Północ in Gdańsk, VII Commercial Division of the National Court Register under the number KRS 0001177216 with a share capital of PLN 5.000,00, tax identification number (NIP): 9571189053, statistic number (REGON): 541944541.
1.2 These General Terms and Conditions are addressed to all Clients using the Contractor’s services, specified on the Website, and specify the rules for concluding (as well as, conducting, terminating and withdrawing from) Contracts for the provision of services listed in the Terms and Conditions via the Website.
2 Interpretation
2.1 Definitions
In this Terms:
Access means the Client’s right to view, familiarize themselves with and otherwise use the Content on the Platform, for a specified amount of time, in any case not longer than specified on the Website;
Affiliate means, in relation to any person, a Subsidiary of that person or a Holding Company of that person or any other Subsidiary of that Holding Company.
Anti-Money Laundering Laws means all applicable financial recordkeeping and reporting requirements, money laundering statutes and the rules and regulations thereunder and any related or similar laws and regulations applicable at a given time.
Applicable Law means the laws of Poland and any applicable statute, license, law, rule, regulation, code, ordinance, judgment, arbitral award, permit, decree, writ, legal requirement, order or the like, of any national, provincial or local court or other governmental authority, and the binding written interpretations thereof, including any statute, law, rule, regulation and all by-laws and guidelines of any competent authority, distribution and/or transmission system operators ordinance, judgment, decree, writ, order or the like regulating, relating to or imposing liability or standards of conduct concerning or otherwise relating to the Services, Works, or Products.
Business Day means a day (other than Saturday or Sunday) on which banks are open for general business in Poland.
Buyer has the same meaning as the Client.
Confidential Information mean all information relating to any Client, or Contractor, or any content in whatever form, and includes information given orally and any document, electronic file or any other way of representing or recording information which contains or is derived or copied from such information but excludes information that:
(a) is or becomes public information other than as a direct or indirect result of any breach by that Party of Clause 7.5 (Confidential Information); or
(a) is identified in writing at the time of delivery as non-confidential by Contractor or any of their respective advisers; or
(b) has been lawfully obtained by Contractor from a source which is, as far as that Contractor is aware, has not been obtained in breach of, and is not otherwise subject to, any obligation of confidentiality;
Content means a set of results of intellectual activity united by a single topic - author's materials, including in the form of video lessons, audio recordings, texts, images, photographs, including the Client’s material and other, provided by the Contractor;
Contractor means Ladies Lab sp. z o.o. with its registered office in Gdańsk, at ul. Dolne Migowo 22B, (80-282 Gdańsk), Poland, entered into the National Court Register by the District Court Gdańsk - Północ in Gdańsk, VII Commercial Division of the National Court Register under the number KRS 0001177216 with a share capital of PLN 5.000,00, tax identification number (NIP): 9571189053, statistic number (REGON): 541944541.
Contractor's Bank Account means each separate bank account (depending of currency), as indicated at the Website, or the Order Form.
Client means a natural person, a legal person, another entity with full legal capacity (regardless of whether if this person is the Consumer or the Entrepreneur, within the meaning of the Applicable Law).
Consumer means a natural person who concludes a Contract with the Contractor within the Website, the subject of which is not directly related to their business or professional activity.
Contract means a contract concluded between the Contractor and the Client as part of an organised system of concluding contracts online (within the Website), without the simultaneous physical presence of the Parties, with the exclusive use of one or more means of online communication up to and including the moment of conclusion of the contract.
Defect means any defect, or other fault in the Product or in the execution of the Works not being performed, carried out or supplied in line with the provisions of the Contract, and Applicable Law or a breakdown or malfunction in a part forming part and/or whole of the Product (and ‘Defective’ shall be construed accordingly). Additionally, Defects shall also include hidden, latent and any other defects which affects the Works.
Effective Date means the date when the Contract has been concluded by both Parties.
Entrepreneur means a Client that by using the Webside and buying the Products is conducting business activity on its own behalf.
Force Majeure has the meaning given to the term in Clause 5.6 (Definition of Force Majeure).
Good Manners means the socially accepted and respectful behaviors, actions, and expressions that demonstrate consideration, politeness, and courtesy toward others in personal, professional, and public interactions.
Government means the government of Poland.
Governmental Authority means the government of Poland and any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank, municipality or other entity exercising executive, legislative, judicial, taxing, regulatory, or administrative powers or functions of or pertaining to government.
Holding Company means, in relation to a person, any other person in respect of which it is a Subsidiary.
License means, a non-exclusive, royalty-free, irrevocable license to use, reproduce, and display the Works solely for the purpose of the Contract for a period of maximum 6 months, following the conclusion of the Contract. The Client shall not sublicense, assign, or otherwise transfer the rights granted under the License to any third party without the prior written consent of the Contractor. The License shall automatically terminate upon the expiration of the stated period or earlier if the Client breaches any material term of this provision.
Material Adverse Effect means an effect (an effect of a change in taxation), which is material and adverse on:
(c) the business, operations, properties, assets, condition (financial or otherwise) or prospects of the Party; or
(d) the ability of the Party to perform its material (including in particular any payment) obligations under this Contract.
Month means a period starting on one day in a calendar month and ending on the numerically corresponding day in the next calendar month, except that:
(a) (subject to paragraph (c) below), if the numerically corresponding day is not a Business Day, that period shall end on the next Business Day in that calendar month in which that period is to end if there is one, or if there is not, on the immediately preceding Business Day;
(b) if there is no numerically corresponding day in the calendar month in which that period is to end, that period shall end on the last Business Day in that calendar month; and
(c) if an Interest Period begins on the last Business Day of a calendar month, that Interest Period shall end on the last Business Day in the calendar month in which that Interest Period is to end.
The above rules will only apply to the last Month of any period.
Order Form means an interactive form available on the Website enabling the placing of an order, in particular by selecting the appropriate Tariff and specifying the terms and conditions of service provision, including the method and terms of payment.
Party means a party to this Contract.
Platform means the Contractor's information platform, which may be located on the GetCourse platform, Telegram channel and chat or other automated system integrated within the Website and serving as a repository of the Contractor's materials.
Product means the service provided to the Client by the Contractor in each given Tariff.
Purchase Order means a declaration of intent made by the Client using the Purchase Order and aimed directly at concluding a Contract for the sale of a Product or Products with the Contractor.
Purchase Price means the price for the Product, agreed in the Purchase Order.
Sanctions means:
(a) any economic, financial or trade sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by any Sanctions Authority;
(b) any law or regulation enacted, promulgated or issued by any Sanctions Authority; and
(c) any other law, enabling legislation, executive order, or regulation promulgated under or based under the authorities of any of the foregoing.
Sanctions Authority means:
(a) the United States of America;
(d) the United Nations;
(e) United Kingdom;
(f) the European Union, including its member states from time to time;
(g) any former member of the European Union if it ceases to be a member thereof;
(h) any (other) relevant governmental or regulatory authority, institution or agency which administers economic or financial sanctions; and
(i) the governments and official institutions or agencies of any of the previous sections, including without limitation OFAC and the United States Department of State and Her Majesty’s Treasury.
Sanctions Restricted Person means a person:
(a) that is, or that is owned or controlled by, any person or entity on any list (each as amended, supplemented or substituted from time to time) of restricted entities, persons or organizations (or equivalent) published by a Sanctions Authority, including but not limited to:
(i) the Specially Designated Nationals and Blocked Persons List issued by OFAC, or the US Government’s Denied Persons List, Entities List, Debarred Parties List and Terrorism Exclusion List;
(ii) the Consolidated List of Financial Sanctions Targets and Investment Ban List maintained by Her Majesty’s Treasury;
(iii) the European Union Restricted Person Lists issued pursuant to Council Regulation (EC) No. 881/2002 of 27 May 2002, Council regulation (EC) No. 2580/2001 of 27 December 2001 and Council Common Position 2005/725/CFSP of 17 October 2005;
(iv) the United Nations Consolidated List established and maintained by the 1267 Committee; and
(v) any other person or entity that because of its domicile, ownership or activities is targeted under Sanctions Laws and Regulations.
(b) located in or organised under the laws of, or the government of any jurisdiction targeted by Sanctions, or a person that is otherwise the target of Sanctions;
(c) acting or purporting to act on behalf of any of the persons listed in paragraphs (a) and (b) above; or
(d) with which the Lender is prohibited from dealing with or otherwise engaging in any transaction pursuant to any Sanctions.
Software means the software used by the Client for the access and usage of the seivices withing the Contract, especially a browser (Internet Explorer, FireFox, Google Chrome and similar) and other programs for the transmission, storage, processing of the information provided.
Subcontractor means each and every vendor, supplier, materialman, consultant or contractor and their employees of any tier of the Contractor, other than the personnel directly employed by the Contractor, performing any part of the scope of the Contract or providing any equipment, material, transportation or services in connection with the scope of Contract directly or indirectly for or to the Contractor or another Subcontractor of the Contractor.
Subsidiary means in relation to any company or corporation, a company or corporation:
(a) which is controlled, directly or indirectly, by the first mentioned company or corporation;
(b) in which more than half the issued share capital is owned, directly or indirectly by the first mentioned company or corporation;
(c) in which the first mentioned company or corporation owns directly or indirectly more than 50 per cent. of the voting capital or similar right of ownership;
(d) which is a subsidiary of another subsidiary of the first mentioned company or corporation,
and for this purpose, a company or corporation shall be treated as being controlled by another if that other company or corporation is able to directs its affairs, policies and/or to control the composition of its board of directors, management board members or members of equivalent body whether through the ownership of voting capital, by contract or otherwise.
Tariff means a set of services for a specified price, listed on the Website, or set out and presented by the Contractor to the Client, prior the conclusion of the Contract. The Tariff is selected by the Client when filling out the application and filling out the form posted on the Website;
Tax means any tax, levy, impost, duty or other charge or withholding of similar nature, including any interest or penalty payable in connection with any failure to pay or any delay in paying any of the same.
Terms means this General terms and conditions for the providing of services by the Contractor for the Client.
Webinar means information and consulting services provided by the Contractor to the Client through the access to the recordings or to the online broadcast of the lecture on the Internet in real time on the selected topic. The name, program, price of webinars and other necessary information are posted on the Website.
Website means the Contractor’s website: [
https://menglimaria.com/ladies-lab-sp], which is a set of information, texts, graphic elements, design, images, photo and video materials and other results of intellectual activity.
Works means any works provided by the Contractor in the Product, on the Website, by the Content or in any other form to the Client.
2.2 Interpretation
(a) Unless a contrary indication appears, a reference in this Contract to:
(i) a document or its form shall be construed as being approved if it is identified as such by the relevant person(s) or their respective legal advisers;
(ii) a person includes any individual, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality);
(iii) a regulation includes any regulation, rule, official directive, request or guideline (whether or not having the force of law) of any governmental, intergovernmental or supranational body, agency, department or of any regulatory, self-regulatory or other authority or organisation;
(iv) words importing the plural include the singular and vice versa;
(v) a provision of law is a reference to that provision as amended or re-enacted; and
(vi) a time of day shall be a reference to Berlin time;
(b) sections, clauses and schedules are to be construed as references to clauses of and schedules to this Contract;
(c) the term including shall be construed as meaning including in particular (but not limited to);
(d) section, clause and Schedule headings are for ease of reference only;
(e) unless a contrary indication appears, any term used in any other document or in any notice given under, or in connection with the Contract or Purchase Order has the same meaning in that document or notice as in this Contract.
3 Conclusion of the Contract
3.1 Purchase Process
(a) The conclusion of the Contract takes place after the Client has placed an order using the Order Form on the Website and paid the Purchase Price.
(b) The cost, list, content, terms, place and procedure for the provision of services are indicated on the Contractor's website and its subdomains especially in the Order Form.
(c) The scope of the consultation services specified in the given Tariff.
(d) The Contract is concluded from the moment of acceptance (acceptance) by the Client of the Order Form. The conclusion of the Contract is carried out by the Client by performing all of the following actions sequentially:
(i) The Client gets acquainted with the description of the Course, chooses the tariff on the Executor's Website or contacts the Executor to provide an individual link and information;
(ii) The Client enters his/her name, e-mail address, telephone number in special boxes of the form. The Client is responsible for the correctness and reliability of the specified data;
(iii) he Client gets acquainted with the text of the offer, the policy of personal data processing,the scope of the services (the Tariff) and in case of full and unconditional agreement with them signs the symbols in the fields on acceptance of the Terms, consent to the processing of personal data and other informations
(iv) The Client makes full or partial payment.
(e) The date of acceptance and the date of conclusion of the Contract shall be the date of receipt of full or partial payment to the account of the Contractor.
(f) By making an acceptance of the offer, the Client confirms that:
(i) has familiarised himself with the terms and conditions of the public offer, the text of the public offer is clear to him, he accepts the terms and conditions fully and unconditionally;
(ii) has got acquainted with the Tariffs;
(iii) can accept performance under the Contract remotely using the software, recognises the suitability of the format for his purposes;
(iv) is aware of the rules of the payment system;
(v) is a legally full capable person, understands the meaning of his/her actions and is able to manage them, is not influenced by delusion, deceit, violence, threat;
(vi) consents to the processing of personal data, to information and (optional) advertising mailings;
(vii) consents to the placement of his/her feedback on the Website, in the profile of the Contractor's social networks, to the use of his/her image for purposes related to the performance of the Contract, including the creation of a record of events with his/her participation, and the placement of feedback, on a gratuitous and indefinite basis.
3.2 Purchase Price
(a) The Purchase Price is indicated at the Purchase Order and depends of the chosen Tariff.
(b) For some Products it may by possible of paying a partial payment of the Purchase Price.
(c) All Prices include the VAT.
(d) The Purchase Price and the Tariffs may be changed by the Contractor at any time unilaterally. The new prices come into force from the moment of publication on the Website and do not apply to Clients who have made full payment under the Contract in the previous amount.
(e) The Contractor has the right to apply special offers and discounts valid for a limited time, including by announcing the price of the Contract, taking into account the discount for free events (marathons, intensives, courses, webinars). The Client do not have any right to demand such special offers. The Client, who entered into the Contract before the application of the special offer, is not entitled to demand a change of the Purchase Price.
(f) 3.6. The terms of the course may provide for the possibility of fixing the price of the Contract for a special offer by making a deposit by the Consumer in the amount specified on the Contractor's website. When making a deposit to fix the price, the Consumer undertakes to pay the balance of the course fee within the terms agreed with the Contractor. In this case, the amount of the deposit is also credited against the payment.
3.3 Payment Procedure
(a) Payment of the Purchase Price may be made in the ways, as indicated in the Order Form:
(i) by one-time 100% payment by bank transfer through the payment system offered by the Contractor or by transfer to the Contractor's Bank Account;
or in case if the Client is the Entrepreneur:
(ii) in instalments from a partner bank. The Executor shall not be liable for the terms and conditions of the instalment payment by the partner bank, as well as for the refusal of the partner bank to provide the Client with an instalment payment (if provided for on the Website);
(iii) in instalments on the terms offered by the Contractor (internal instalments). The terms of instalments are agreed by means of an exchange of messages between the Client and the Contractor or by concluding an agreement (if provided for on the Website)
(b) The Client's obligation to pay is considered to be fulfilled from the moment of crediting the funds in full to the Contractor's Bank Account. If the funds from the Consumer are not received in due time and in full amount, the Executor has the right to withhold with the provision of services.
(c) All expenses on transfer of funds, including commissions of banks, payment systems, payment aggregators, shall be borne by the Client.
3.4 Subcontractors
The Contractor has the right to involve third parties who assist in the provision of services, as well as to use the Content created by other authors as part of the given Tariff.
3.5 Delivery
(a) Delivery of the Product/provision of services takes place exclusively within Poland.
(b) Unless otherwise agreed in a specific Purchase Order, the Product shall be deemed delivered at the moment of providing by the Contractor to the Client the Access.
3.6 Content
(a) the Consumer undertakes to comply with the exclusive and copyright rights of the Contractor and other third parties, to use official licensed software. The following actions of the Consumer are prohibited:
(i) Transfer of passwords to access the personal account and links to the Content to third parties;
(ii) Purchase of access "to the pool" (jointly);
(iii) Taking photos, audio and video recording, creating screenshots of the Content, Events and private chat;
(iv) any use of the Content for commercial or non-commercial purposes (publication, placement on Internet sites, copying, transfer or resale to third parties)
(v) ny changes in the software part of the Website and the platform, any actions aimed at illegally obtaining access to the Content;
(vi) creation of its own information products on the basis of materials
(b) The Contractor has the right to make changes and additions to the Content without the consent of the Client in order to improve it, change the schedule and provide access to the Content, notifying the Client of these changes by posting information on the Website or on the platform. Relevant notifications can also be sent to the contact e-mail, by SMS/phone call to the contact phone number specified by the Client.
(c) The Contractor provides access to the Content in the "as is" mode, while taking measures to ensure the operability of the Website, the Platform, providing unhindered access and availability of the material, and in case of malfunctions, correcting them within a reasonable time after receiving a written notification of the Client about such problems.
(d) In order to use access to view the Content, the Client shall independently provide an Internet connection, independently purchase and configure a browser and other software necessary to access the Website, the platform and view the Content; if there are problems with access to the Content, the Client is oblige to notify the Contractor about it.
(e) The Client has the right to receive round-the-clock access to the Content on the Platform and in a private chat during the term of the program, except for the time of preventive maintenance and the time of technical problems, independently choose the dates and times for viewing the Content.
(f) The Contractor's obligations to provide access to the Content (or part thereof) are fulfilled from the moment it is posted on the Platform and a notification of Access is sent in the Client's personal account, regardless of whether or not the Client used such access, when and to what extent it was used. Access to the Content is recognized as open to the Client if the module, lesson or other Content posted on the Platform is available in the Client’s personal account (from the first day of providing the Access).
(g) The fulfillment of obligations to provide access to the Content is considered proper and accepted by the Client, if the Contractor has not received written reasoned objections and statements from the Client within 24 (twenty-four) hours from the date of receipt of the link to access the Content.
3.7 The Access - Procedure for providing access to view the Content:
(a) Access is provided in a closed section of the Website or on the Platform. A personal account is provided to the Client, which is accessed using the link provided by the Contractor;
(b) After receipt of the deposit, full or partial payment by the Client, the Contractor provides the Consumer with the Access.
(c) The Contractor bare no responsibility if the Access is not established, disrupted, or interrupted due to the Force Majeure, unlawful actions of third parties or incompatibility of the Website with the Client's technical infrastructure.
(d) Access to the Content is provided under the terms of a simple (non-exclusive) license. The Consumer has the right to view the Content within the territory of the whole world and within the period provided for by the program.
(e) The Contractor, at its discretion, has the right to extend the period of access to the Content for the period after the end of the program according to the schedule, including for an additional fee or free of charge.
3.8 The Licence
The License to view the Content allows the Client to carry out the following ways of use:
(a) in relation to audiovisual works (video lessons, webinars, master classes, etc.) posted on the platform, as well as replenished Content in closed chats and instant messengers, viewing is solely for personal purposes. Viewing can be carried out an unlimited number of times during the period provided for by the Contract and the Tariff;
(b) in relation to Events – the ability to watch the broadcast in real time;
(c) in relation to literary and artistic works (handouts, text and graphic information) - downloading handouts to digital media, storing, printing, using exclusively for personal purposes.