Last updated: 13.01.2023
Welcome to our website! These Terms of Service (“Terms”) are a binding legal agreement between LLC Madonna, a company based in USA (“Company,” “we,” “our”), and you (“you,” “your,” “Visitor,” “Customer”) and govern access to and use of our websites, their content, functionalities and Services. When we refer to “our website(s),” this includes a group of our websites and their subdomains where you can familiarize yourself with the information on our Services and get access to them.
The headings contained herein are for reference purposes only.
Application shall mean a form filed by you on our websites for the purposes of participation in our Events, registration for our Courses or Consultation or obtaining access to/purchasing our Educational Materials.
Visitor shall mean a person who simply serfs our websites to inform itself of our Services and does not apply for obtaining any Services.
Customer shall mean a person who uses our websites to obtain the Services (e.g., files an Application and pays on the terms herein (if applicable)).
Services shall mean access to educational and informational services, organizing online and offline events and offering printed and digital materials by the Company through our websites under the terms of these Terms, in particular, Courses, Events, Consultations and Educational Materials and others.
Event shall mean an online or offline event organized and held by the Company or its affiliates, in which the Customer may participate by applying as provided herein and on the relevant Event’s webpage.
Course shall mean a group educational or informational program provided by the Company on the terms hereof, in which the Customer may enroll by applying as provided herein.
Consultation shall mean an individual consultation on the chosen topic with the Company’s experts, which the Customer may book by applying as provided herein.
Educational Materials shall mean printed and digital materials offered for purchase on our websites.
Subscription shall mean the prepaid access to certain Services under subscription options on the terms herein.
Payment System shall mean a third-party funds transfer system that provides the ability to make payments.
Third Party Platform shall mean a third-party platform, website, service, application etc. (e.g. Thinkific, Zoom, Telegram and other messengers) through which a Customer can access some Services.
Our websites and Services are intended to be used by individuals who are at least 18 years old or have their parents’ permission. By accessing and using our websites and Services, you represent and warrant that you have the right, authority, and legal capacity to enter into these Terms and to abide by all of the terms and conditions hereof.
3. Changes and Revisions
In order to improve the quality of the provided Services and to comply with the applicable legal requirements, we may modify, amend or replace these Terms by posting a revised version on our websites, at any time and at our sole discretion. The new version of the Terms comes into force from the moment it is posted on our websites unless otherwise determined by the new version of the Terms.
Unless the amendments are of minor nature without having a material effect on your and/or our obligations, we will make reasonable efforts to inform you in advance of any material changes, but it is your responsibility to review the Terms from time to time and keep yourself updated. Continued use of our websites and/or Services after changes come into force will indicate your acknowledgment and agreement to be bound by the revised Terms.
4. Our Services
We are happy to offer you the opportunities to participate in our online and offline Events, enroll in our Courses, purchase our Educational Materials or get a chance to meet us for a Consultation personally. Here are some things you need to know about using our websites and Services.
When accessing our websites as a Visitor, you may familiarize yourself with information and content publicly available and check our offerings currently available. Please feel free to contact us for any information regarding the Services you are interested in.
You need to file an Application to get access to most of the Services. Hence, when you access our websites to obtain the Services and file an Application, we treat you as a Customer.
Events and Courses. All the currently available Events and Courses, their programs and other useful information are posted on our websites. Please make sure to familiarize yourself with the Event/Course detail before enrolling. After filing an Application, you will be redirected to the Payment Platform to finish the payment process. After that, we will send you the confirmation and detail needed to participate in the Event or Course.
If the Event or Course is provided without charge (e.g., free webinars), we will send you an access link once we receive your Application.
If you enroll in the Event or Course, please note that an access link will take you to the Third Party Platform where the relevant Event/Course materials are located. Unless other terms are specified, you are granted a 7-day period to activate the link and start your Course.
Please be informed that when our Events or Courses are accessed via Third Party Platform, such Third Party Platform may require registering an account to participate. We do not collect any personal information you provide while registering an account and ask you to make sure you are aware of Third Party Platform’s data privacy practices.
Consultations. Only some of the issues can be addressed in the group Courses, some of them require more precise attention. Good news – you are welcome to book individual Consultations with us to get your answers and advice. Please submit an Application to book your time. We will previously agree on convenient means of communication. Please be informed that we do not control any third-party communication tool and will not be liable for any consequences of using such a tool.
Educational Materials. You may purchase Educational Materials at the order link available on the relevant website page. Shipping detail is available in our Shipping Policy.
When filling out the Application, you shall provide reliable, complete and accurate information and inform us of any change (e.g., updated email address). We are not responsible for any omissions and mistakes in your Application, so please double-check it prior to submission. We reserve the right to change the Application form and add new fields; therefore, we may require you to provide additional information.
Please note that we may, at our discretion, amend the scope of the Services, as well as discontinue, or temporarily suspend the Services, modify, adapt, improve, or enhance the Services at any time without prior notice. Any such updates or changes will be deemed part of the Services and subject to these Terms, but will not affect the Services ordered theretofore. The information on our websites implying the availability of the Services should not be deemed as an official statement of the Company.
5. Fees and Payments
We provide some of the above-mentioned Services on a paid basis. Once you get familiarized with the description and terms of the provision of certain Services, you may proceed with the payment or Subscribe to receive them. The Services will be available upon successful payment.
Information on the fees and Subscription options is available on our websites.
We expressly reserve the right to change the cost and terms of the Services at any moment and at our discretion. Any such updates or changes will not affect the Services ordered theretofore.
Some of our Services (e.g., Courses) are available under Subscription terms. To activate the Subscription, please select an appropriate Subscription option and proceed with the payment. The Subscription is activated upon the first successful payment transaction. The Subscription is provided every month (“Subscription period”). You may prepay for several Subscription periods. By activating the Subscription, you agree to the following:
- the Subscription is valid for the Subscription period(s) prepaid unless you cancel your Subscription.
- if you do not cancel your Subscription, we will presume that you have authorized us to renew your Subscription automatically; your credit card (or other payment methods) will be charged every Subscription period without further authorization from you; your Subscription automatically renews the day following the last day of the Subscription period for a successive period, without restrictions on the number of such automatic renewals;
- on the day when the Subscription renewal occurs, the cost of the chosen Subscription automatically transfers from your bank account to our bank account.
If the Subscription payment fails due to your bank card expiration, lack of funds or other reasons and you have not canceled the Subscription, we may suspend your Subscription until we successfully debit the required amount from your bank account.
We may amend the Subscription plans and terms at our own discretion, subject to making reasonable efforts to timely inform you of such updates. For the Customers who have already activated the Subscription, any amendments to the Subscription plans shall enter into force after the first Subscription renewal following the amendments. If the Customer does not cancel the Subscription before such renewal occurs, it constitutes his/her full consent to such changes. We do not represent and warrant that a particular Subscription plan will be offered continuously.
Please see our Refund and Cancellation Policy to get information on how you can cancel the purchase and get the refund.
We may offer all or some of the Services on promotional terms, for example, at a discount, or provide bonuses, at our discretion, at any time and during any period (“promotions”). We have the right to change the terms and conditions of such promotions at any time. Information on promotions is posted on our websites and we do not make any guarantees that we will inform you about them by any other means.
You may choose an available Payment System to make a purchase or pay for the Services on our websites. You may proceed with the payment with a credit card or other options provided by the Payment System you select.
We do not store card numbers or any other payment details on our servers. The full information concerning your payment process shall be stored on the Payment System servers that accept the payments on our behalf.
The cost of the Services is indicated in the USA dollars| Euro. However, you may proceed with the payment for the Service(s) in another currency in accordance with the terms and conditions of the respective Payment System. In this case, conditions for currency conversion and cost recalculation are determined by the terms and conditions of the respective Payment System and your bank.
Any payment under these Terms shall be deemed to have been made from the moment it is credited in full to our bank account.
Free of Charge Services
We may provide some of the Services on a free-of-charge basis. E.g., some of our webinars, trainings, etc. Terms of provision of such Services are specified in the Services description.
You need to file an Application to access most of the free Services. Once you submit an Application, we will send you an access link to the relevant Services. Please be informed that in some cases, an access link will take you to the Third Party Platform, where the relevant free-of-charge materials are located.
We expressly reserve the right to change the terms of the Services provided and restrict access to it at any moment and at our discretion. Any such updates or changes will not affect the Services ordered theretofore.
We do not represent and warrant that particular Services will be offered on a free-of-charge basis continuously.
If we provide links or pointers to other websites (including Third Party Platforms) than those that are a part of our websites, no inference or assumption should be made that we operate, control, or are otherwise connected with these websites.
7. Your Use of our websites and Services
Our websites and Services are only provided for individuals’ personal and non-commercial use.
You agree to use our websites and Services in compliance with these Terms and applicable local, national, and international laws and regulations. You warrant that your use of our websites and Services does not infringe any third-party intellectual, privacy or other rights. You also agree to comply with data protection laws within any applicable jurisdiction when using our websites and/or Services.
We are not and shall not be held responsible for your use of our websites and/or Services in a way that violates the law. Any fraudulent, abusive, or otherwise illegal activity may be grounds for suspending your access to the Services.
By using our websites and/or Services, you agree not to (nor attempt to, nor allow any third party to):
- engage in any activities related to our websites and/or Services that violate any applicable law, statute, regulation, bylaw, internal company policy or breach these Terms or any other agreement or policy you have with us;
- use any device, software, algorithm, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with our websites, or to surreptitiously intercept or expropriate any data from our websites, or breach any security or authentication measures;
- reverse engineer, modify, copy, decipher, decompile any part of our websites or otherwise attempt to deconstruct, derive source code or other trade secrets from or about our websites;
- impose an unreasonable or disproportionately large load on our websites, including but not limited to denial of service attacks or any other such unsolicited overload technique, perform other actions aimed at destabilization of our websites;
- use any device, software, algorithm, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, disable, overburden or interfere with our websites and/or Services or to surreptitiously intercept any system, data or personal information from our websites;
- make unauthorized access or use of our websites and/or Services, including, in particular, unauthorized access to our systems or any other illegal use of any information contained on our websites and/or Services;
- use our websites in order to develop, or create, or permit others to develop or create, a product or service similar or competitive to ours;
- use our websites to provide services to third parties on a commercial basis or otherwise commercially exploit our websites;
- copy, modify, amend or otherwise create derivative works of our website and/or Services, or insert any code or product, or manipulate our websites in any way;
- license, sub-license, sell, resell, rent, lease, transfer, distribute or otherwise make any portion of our websites and/or Services available for access by third parties except as otherwise expressly provided in these Terms;
- falsely state or otherwise represent an affiliation with a person or entity;
- disclose private information about any third party without that party’s express consent;
- disparage our performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of our employees/contractors or us;
- otherwise violate these Terms, or solicit, encourage, or facilitate anyone else to do so.
We reserve the right to suspend or terminate your access to our websites and/or Services without prior notice if we, at our sole discretion, believe that you have engaged in any of the actions stated above or any fraudulent or abusive use, or misuse, of our websites and Services.
The unauthorized or illegal use of our websites and Service or any other breach of the Terms will be investigated and appropriate legal action, including, in particular, civil, criminal or other legal proceedings, may be applied to you.
Interruptions beyond our reasonable control
We use reasonable efforts to provide our websites and Services on a permanent basis and without interruptions, but we expressly disclaim any liability with regard to possible unavailability of our websites or delays in access to our Services caused by any issues with servers, networks, telecommunication lines and connections; hardware (including your own device) failure; software failure (e.g. bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of screening programs, unreadable codes); overload of system capacities; governmental or regulatory restrictions, court decisions or other external intervention; damage caused by natural disasters, wars, insurrection, riots, civil commotion, accident; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.
8. Intellectual Property
All rights to our websites and to any intellectual property objects on our websites including without limitation all content, information, design, text, graphics, scripts, services titles, visual interfaces, interactive features, logos, compilations, source and object code and other objects (“Our IP”) belong to us or third parties who are our licensors and are protected under laws of USA and international copyright, trademark, trade dress, patent, and other intellectual property rights laws and regulations to the fullest extent possible. Our IP includes all the content and any part of the Courses, Events, and Educational Materials (including without limitation all texts, videos, multimedia content, teaching methods, tests and quizzes, design elements and translations).
Access to and use of our websites and Services does not give you any ownership of, or any other intellectual property interest in any part of our websites, Services or any content including any specific functionalities of our websites (including past, present and future versions).
Copying, redistributing, modifying, reproducing, reselling, renting, licensing or publishing of any part of our websites, its content, any Course, Events materials, materials and information obtained on the Consultation, Educational Materials are strictly prohibited.
You are welcome to share your suggestions, comments or other feedback (“Feedback”) on how to improve our websites and Services. If you provide Feedback in any manner, you grant us the unlimited right, at our discretion, to use, disclose and otherwise exploit the Feedback, in whole or in part, without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
9. Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITES AND SERVICES ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO COMMITMENTS OR WARRANTIES ABOUT:
- THE CONTENT, COMPLETENESS, RELIABILITY, OR AVAILABILITY OF OUR WEBSITES;
- CORRESPONDENCE OF THE SERVICES TO YOUR EXPECTATIONS INCLUDING BUT NOT LIMITED TO EXPECTATIONS REGARDING THE IMPACT OF THE SERVICES ON YOUR EDUCATIONAL LEVEL, WELLNESS, PHYSICAL OR MENTAL HEALTH ETC.
WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT REPRESENT OR GUARANTEE THAT OUR WEBSITES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION AND DISCLAIM ANY LIABILITY RELATING THERETO.
WE SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS WITH OUR WEBSITES, INCLUDING, BUT NOT LIMITED TO, SYSTEM ERRORS AND OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTING, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE WHATSOEVER FOR YOUR USE OF OUR WEBSITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR OTHER LOSS OR DAMAGES, AS WELL AS LOSS OF PROFITS, LOSS OF BUSINESS, LITIGATION COSTS OR ANY OTHER LOSSES ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE OUR WEBSITES AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE KNOW OR HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR LOSS. WE ARE NOT LIABLE FOR ANY THIRD PARTY’S CLAIMS OF ANY NATURE.
NO INFORMATION YOU OBTAIN FROM US OR THROUGH OUR WEBSITES AND/OR SERVICES SHALL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. WE HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY REASON BEYOND OUR REASONABLE CONTROL. WE DO NOT SUPERVISE YOUR USE OF THE INFORMATION YOU OBTAIN ON THE EVENTS, COURSES, CONSULTATIONS OR FROM EDUCATIONAL MATERIALS. YOU SHALL BE SOLELY RESPONSIBLE FOR THE USE OF SUCH INFORMATION AND ITS CONSEQUENCES, AND WE CLEARLY DISCLAIM ANY RESPONSIBILITY IN THIS REGARD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE USE OF OUR WEBSITES AND SERVICES EXCEED THE AMOUNT OF [INSERT THE AMOUNT] [INSERT THE CURRENCY]. THIS LIMITATION IS CUMULATIVE AND DOES NOT DEPEND ON THE NUMBER OF CLAIMS.
LIMITATIONS OF LIABILITY DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
11. Disputes Resolution
Disputes and Mandatory Arbitration
If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact us via means of communication available on our websites to try resolving your problem directly with us.
Any dispute or claim relating in any way to your access and use of your Account and/or the App, or otherwise arising out of or relating to these Terms that cannot be resolved directly between you and us shall be resolved by the respective court of USA.
You and Company agree that any litigation shall be limited to the dispute between Company and you individually. To the fullest extent permitted by law: (i) no litigation shall be joined with any other litigation; (ii) there is no right or authority for any dispute to be resolved on a class-action basis or to utilize class-action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and Company agree that the following disputes are not subject to the above provisions concerning informal negotiations and mandatory litigation: (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; and (ii) any claim for injunctive relief.
12. Miscellaneous Provisions
These Terms supersede and replace all prior terms, agreements, discussions and proposals regarding our websites and constitute the entire agreement between you and us with respect to access and use of our websites and Services, unless otherwise expressly stated in these Terms.
Enforceability and Governing Law
Failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. If any part of these Terms is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Terms, which will remain in full force and effect. The laws of USA govern your access to, and use of, our websites and Services and the provisions of these Terms.
You may not assign or transfer these Terms and any associated rights or obligations or remedy hereunder without our prior consent. We may freely assign these Terms or subcontract our obligations without restriction.
You use our websites and/or Services at your own risk and for your sole responsibility. You agree to fully indemnify, defend and hold us and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees harmless from any claim, demand or liability, including reasonable attorneys’ fees, related to your use of our websites and/or Services or any violation of these Terms or applicable law.
If you believe your personal data has been disclosed or otherwise used unlawfully and you did not consent to such disclosure, please contact us at firstname.lastname@example.org
If we confirm the infringement, we will delete your personal data immediately.
Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use our websites and/or Services (e.g. do not cancel your Subscription).
We reserve the right to suspend or terminate your access to our websites and/or Services at any time without prior notice, in the case we determine that you violate or fail to comply with these Terms or applicable law, without any liability and without provision of any compensation to you in this regard. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
In case you have any questions or concerns, you are welcome to contact us through an e-mail email@example.com
or via the contact form available on our websites.