Terms and Conditions

These terms and conditions apply to:

your use of our website;
provision of our products in digital form (digital content), namely online courses, webinars, evaluation of quizzes, e-books and other digital content products;
provision of our services (consulting, mentoring, etc.);
online program membership;
our dealings with you in general,

which takes place via the the-miracle-factory.com web interface.

By entering, accessing or using our website in any way, you agree to comply with all of our Terms and Conditions. In addition, when you book any services and products from us, you will do so subject to the Terms and Conditions on this page. By proceeding with a booking, you acknowledge that you have read and understood all of these Terms and Conditions and agree to be bound by them. These Terms and Conditions may vary from time to time. You accept that you are bound by the terms and conditions current at the time when you book.

I. Important terms and abbreviations

Capitalized terms in these Terms and Conditions shall mean the following:

1. TC
These Terms and Conditions.

2. PROVIDER
Martina Hlavnickova, natural person registered in the trade register maintained by the Ministry of Industry and Trade of the Czech Republic.
ID: 05923441
Registered office: Hlavni 139, Frydlant n. Ostr. , ZIP code 739 11, Czech Republic
Residence: Celadna 750, ZIP code 739 12, Czech Republic
Phone number: +420 777 138 605
E-mail: martina@the-miracle-factory.com

3. USER
A user of the digital content of the Product, a participant in an online program or a recipient of a service who concludes a Contract with the Provider regarding the Product.

4. CONSUMER
A natural person who, when concluding a Contract with the Provider, acts outside the scope of his business activity or outside the scope of the independent exercise of his profession. If the User indicates his ID in the order form, it is considered that he does not conclude the Agreement as a Consumer.

5. AGREEMENT
A contract for the provision of digital content, a contract for membership in an online program or a contract for the provision of services concluded between the Provider and the User via the Web Interface. The content of the contract for the provision of digital content is the obligation of the Provider to make the Product with digital content available to the User for use for his own use and the obligation of the User to pay the Provider a Price or provide him with his personal data. The content of the contract for membership in the online program is the obligation of the Provider to make available to the User the digital content and services that are part of the online program for his own use and the obligation of the User to pay the Provider the Price. The content of the contract for the provision of services is the obligation of the Provider to provide the User with a service (consultation, mentoring, etc., or their “package”) and the obligation of the User to pay the Provider the Price. If it is not distinguished below in these TCs which of these types of contracts are involved, the given provision applies to each of these types of contracts. The contract consists of the Order, confirmation of the Order and these TCs. It is concluded in the English language, stored with the Provider in electronic form and will be made available to the User upon written request.

6. PRODUCT
Online course, webinar, quiz evaluation, e-book and other digital content product that is the subject of the Agreement. The product can be either paid (where the Price represents a reward Provider for making it available), or free of charge (when instead of the Price, the User provides the Provider with their personal data). Unless otherwise stated in these TCs, what is stated about the Products also applies to the Products provided as part of membership in the online program, and the same applies to services. Where these TCs refer to the making available of the Product, this also means making available the membership in the online program and the provision of the service (with the exception of Article VI, which applies only to Products with digital content).

7. ORDER
A duly completed and submitted electronic order form, which represents the User’s proposal for concluding the Agreement.

8. PRICE
The final price (including VAT) for the selected Product specified in the Order or, in the case of online program membership, the price (including VAT) for each month of online program membership specified in the Order. Payment is made in euros (EUR).

9. WEB INTERFACE
Web interface https://the-miracle-factory.com/.

10. WEBSITE
Website with the domain https://the-miracle-factory.com/.

11. CC
Act No. 89/2012 Coll., Civil Code, as amended.

II. Responsibility

The User acknowledges that he uses the Products at his own risk and that it depends only on him how he uses the information and what results he achieves. The Provider is not responsible for the results, e.g. in mental or business development, that the User records in connection with the use of the Product, as these are dependent on the overall work in the field of mental development. The provider is not responsible for any potential property or non-property damage. The products are not a substitute for healthcare.

III. Information on the website

Any evaluation of the Products or the Provider (review) that appears on the Website comes from the person to whom the Product was actually made available. The Provider has an overview of the users to whom the individual Products have been made available, and in case of doubt, it will consult the records of confirmed orders to see if the Product was actually made available to the person who provided the review. In this way, the credibility of the reviews is verified. Not all reviews may be listed on the Website, but the Provider selects those to be published.

For each Product, its description is provided on the Website, what it includes, what its price is, or when and for how long it will be made available, etc. These descriptions of the Products are of an informative nature and do not represent a proposal to conclude a contract, the provisions of § 1732 paragraph 2 of the Civil Code do not apply.

IV. Order and conclusion of contract

The User orders the Product via the Web Interface by sending a duly completed electronic order form (Order). The order contains basic information about the Product and its total price.

Before sending the order form, the User can check and change the filled-in data. The Provider relies on the truthfulness, correctness and completeness of the data provided in the Order and is not responsible for false, incorrect or incomplete data. By pressing the appropriate button in the order form, the completed order form is sent and the User has made a binding order for the Product, or a proposal for the conclusion of the Contract.

The Provider confirms the acceptance of the Order to the User by sending an e-mail to the User’s electronic address specified in the Order. Part of this confirmation e-mail is a summary of the Order and these TCs in pdf or similar format. With the delivery of this confirmation e-mail, the Agreement is concluded, and this e-mail also constitutes a confirmation of its conclusion.

The Provider reserves the right not to confirm the Order or its part, or to withdraw from the Contract in the event that the Product is no longer provided or its Price has fundamentally changed. In such a case, the Provider will immediately contact the User in order to agree on the next procedure. If the User has already paid the Price (or part of it), this amount will be transferred back to the same bank account from which it was paid, without undue delay, no later than 14 days from the delivery of the Order or withdrawal from the Contract.

The Provider further reserves the right not to confirm the Order, or to withdraw from the Agreement in the event that it is an Order of a User who has not paid the ordered performance properly and on time in the past. When returning the Price (or part of it) that has been paid, the procedure is as per the previous paragraph.

V. Price of products and method of payment

1. PRODUCT PRICE
The current prices of the Products, including VAT and all related fees, are listed on the Website. The Provider may change the prices of the Products, provided that the price that is current at the time of ordering the Product is always valid for the User (this does not affect the possibility to conclude a Contract under individually agreed conditions). The current price of the Product listed on the Website can be increased by the User only if the User chooses the option of paying the Price in installments (see below). Any discounts on the price of the Products cannot be combined with each other. The final price is indicated in the order summary before sending the order form.

Should there be an obvious error when indicating the price on the Website (e.g. a typo) or a similar error in the process of concluding the Agreement, the Provider is under no obligation to make the Product available to the User at such an obviously incorrect price, and the Provider is entitled to withdraw from the Agreement in such a case.

The paid Product will be made available at the earliest after full payment of the Price, and in the case of payment in installments (see below) at the earliest after the first installment has been paid. The Product will be made available for free only after the conclusion of the Agreement.

2. METHOD OF PAYMENT
The price can be paid in the following ways:
a) by bank transfer to the account,
b) by online payment card,
c) recurring collection payment.

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

The payment methods mentioned under letters b) and c) (online payment card and recurring direct debit payment) are connected to the payment gateway of Stripe, Inc., 354 Oyster Point Boulevard, South San Francisco, California, 94080, USA, Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; email: privacy@stripe.com. This company provides secure payment card acceptance technology and fast online transfers. All data during payment is entered by the User using a secure and trusted channel of the above-mentioned company and is not forwarded by this company to the Provider. The User can direct questions about these payment methods directly to the above-mentioned contacts of this company.

3. MATURITY / DUE DATE
In the case of a bank transfer to the Provider’s account, the Price is payable within the due date specified in the payment instructions. The price is paid when the relevant amount is credited to the Provider’s bank account.

In the case of payments by online payment card and recurring direct debit payment, the Price (or its first installment) is payable immediately after the conclusion of the Agreement.

After receiving the payment, the Provider will issue the User and send the relevant tax document-invoice to the User’s e-mail.

4. PAYMENT IN INSTALLMENTS
If this option is indicated on the Website for a specific Product, the User may choose to pay the Price in installments. In this case, the current price of the Product listed on the Website may be increased. The User will then see the total final Price in the summary of the order before it is sent. In case of payment of the Price in installments with the Order, the User undertakes to pay all installments.

In the event of a delay in the payment of the installment, the Provider is entitled to make the Product unavailable to the User until the relevant installment is paid. This does not affect the User’s obligation to pay all installments. Also, in such a case, the Provider is entitled to pay off the entire unpaid part of the Price immediately by a written notice addressed to the User and to demand payment of all remaining installments at once by the date specified in this notice, or to withdraw from the Agreement. By withdrawing from the Agreement, the Provider does not have the obligation to return to the User the installments paid before the withdrawal from the Agreement.

If the User agrees to pay the Price in installments in the form of automatic repeated payments by card (recurring direct debit payment), the corresponding installment of the Price will be automatically deducted from the payment card whose data the User entered when paying for the Product, always on the 7th day of the month preceding the month. for which the relevant installment is paid, unless otherwise agreed or stated on the Website. Within 2 working days after the first payment is made, the Provider will send the User a confirmation of setting up a recurring payment to the email address specified in the Order. At the same time, the User is informed of this fact by e-mail 7 days before the automatic billing of the next installment.

VI. Making digital content of products available

1. METHOD OF ACCESSING DIGITAL CONTENT
The digital content of the online course will be made available to the User by sending access data to the user account to the membership section on the Website to the electronic address specified in the Order.

The digital content of the webinar or the digital content of the online course for free will be made available to the User by sending a link to the electronic address specified in the Order, where the digital content can be downloaded or opened.

The digital content of the e-book or the evaluation of the quiz will be made available to the User in docx, pdf or similar format by sending it to the electronic address specified in the Order as an e-mail attachment or as a link on which the digital content can be downloaded or opened, or directly in the text of the e- mail.

If another way of making digital content available is indicated on the Website for a specific Product (e.g. by sending a link to a closed Facebook group where the digital content will be shared), the digital content will be made available to the User in this other way.

2. TIME OF AVAILABILITY OF DIGITAL CONTENT
The Website may indicate a specific day for the Product when the digital content will be made available. In such a case, the digital content of the Product will be made available to the User on the day announced in advance.

If this is not the case mentioned in the previous paragraph, the time of making the digital content available depends on the chosen payment method. In the event that the User pays the Product Price by bank transfer to the Provider’s account, the digital content will be made available to him within 3 working days of crediting the Price to the Provider’s bank account. In the case of payments by online payment card or recurring direct debit payment, the digital content will be made available to the User immediately for making the payment. The digital content of the Product will be made available to the User for free immediately after the conclusion of the Agreement, unless this is the case mentioned in the previous paragraph.

On the Website, the Product may state that digital content will be made available to the User gradually, in parts. In such a case, the first part (module) of the digital content of the Product will be made available at the time determined according to the previous paragraphs and the other parts (modules) gradually according to the previously announced schedule.

3. LENGTH OF ACCESSIBILITY OF DIGITAL CONTENT
On the Website, the Product may state how long the User will have access to the digital content. In such a case, the digital content of the Product will be accessible to the User for such a previously announced period.

If this is not the case mentioned in the previous paragraph, the User has access to the digital content forever. This does not apply to webinars or free online courses for which the date and time of their availability is indicated on the Website – the User can access their digital content only on the date and time indicated on the Website.

The digital content of the Product will be made available to the User in the latest version available at the time of the conclusion of the Agreement, which may not be updated in the future.

4. DIGITAL CONTENT FUNCTIONALITY, TECHNICAL AND SOFTWARE EQUIPMENT
For digital content to be fully functional, the User must have hardware and software equipment that allows opening and working with documents in docx, pdf and similar formats, playing video and audio files, as well as an Internet connection with sufficient connection speed and a functional e-mail mailbox maintained in a state capable of receiving messages (digital environment).

The User is responsible for linking the digital content of the Product with the User’s digital environment.

VII. Online Program Membership

Membership in the online program will be made available to the User by sending access data to the user account to the membership section on the Website to the electronic address specified in the Order.

If the User agrees to pay the Price for membership in the online program in the form of automatic repeated card payments (recurring direct debit payment), the Price for the monthly membership will be automatically deducted from the payment card whose data the User entered during payment, always on the 7th day of the month that precedes the month for which the Membership Price is paid, unless otherwise agreed or stated on the Website.

Within 2 working days after the first payment is made, the Provider will send the User a confirmation of setting up a recurring payment to the email address specified in the Order. At the same time, every 7 days before the automatic billing of the Price for the next month of membership, the User is informed of this fact by e-mail, together with clear instructions on how to cancel repeated payments and thus also membership in the online program.

Membership in the online program can be terminated by the User at any time by e-mail sent no later than 5 days before the start of the new billing period to the Provider’s electronic address specified in these TCs. By terminating the membership in the online program, the regular payment is canceled and the Membership Fee will no longer be charged. By terminating membership, the User waives all privileges and benefits that membership in the online program brought. In the case of cancellation of membership, access (after the expiry of the paid membership period) will be definitively terminated.

The user is obliged not to disrupt the course of the online program.

The provider reserves the right to change the date of the online program or its parts in situations that urgently require it. All possible changes will be notified to the User by e-mail, telephone or in another way and he will be provided with an alternative date.

VIII. Provision of services

Services (consultation, mentoring, etc.) are provided by Martina Hlavnickova, the Provider, in the ways indicated in the description of the service on the Website. The provider is entitled to authorize a third person (coach) to provide the service, whom he will personally train in the methods used. Even in such a case, the Provider is responsible for fulfilling the obligations arising from the Agreement.

The service will only be provided after full payment of the Price or its installments. If the Price (or the relevant installments) is not paid by the agreed date of the consultation, the Provider is entitled not to provide the service to the User within this date.

If the User is not ready to provide the service at the agreed time, the missed time is included in the service provision time. If the Provider is not ready to provide the service at the agreed time, it will compensate the User for the missed time in an alternative date.

No later than 24 hours before the agreed date, the User may request a change of date for particularly serious reasons (e.g. illness). This option can only be used once within the given service (or “package” of services), otherwise the term is forfeited without compensation, unless otherwise expressly agreed between the Provider and the User.

If, due to a particularly serious reason (e.g. illness), the Provider will not be able to provide the service on the agreed date, it will notify the User of this fact and agree with him on an alternative date. If the Provider will not be able to provide the service even on an alternative date due to a particularly serious reason, the User has the right to withdraw from the Agreement and demand a refund of the Price, or its proportional parts corresponding to the services not provided (the amount for the services provided is not returned).

In the case of a “package” or otherwise discounted or specially assembled Product, which includes consultations or similar services, the Price is set for the “package”, or The product, not for its parts.

IX. Copyright and Confidentiality

The products are the author’s work. The Provider makes the Product available to the User for his personal use. The product (or any part of it), whether in its original or modified form, cannot be further distributed or allowed to be used by other persons without the prior express written consent of the Provider.

The user is obliged to maintain confidentiality regarding the information necessary to access his user account in the member section of the website. The Provider is obliged to maintain confidentiality about all facts related to the User’s privacy or business secrets, the disclosure of which could lead to damage to the User.

In the event that the User violates copyright or the obligation of confidentiality, the Provider is entitled to make the digital content of the Product unavailable to the User and/or to demand compensation for damages incurred as a result of such a violation. Copyright infringement is also punishable under the Copyright Act and criminal law regulations. If the Provider violates the obligation of confidentiality, the User is entitled to demand compensation for damages incurred as a result of such a violation.

X. Withdrawal from the contract

If the User is a Consumer and if this is not the case mentioned in the following paragraph, according to § 1829 of the Civil Code, he has the right to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract.

The User-Consumer does not have the right to withdraw from the Agreement according to the previous paragraph, in accordance with § 1837 of the Civil Code, especially in the case of an Agreement for:

a) delivery of digital content that is not delivered on a physical medium, after performance has begun and (for a paid Product) the User has agreed in the order form that performance will begin before the expiration of the withdrawal period;
b) provision of the service, if it was provided in full and in the order form the User agreed that the performance will begin before the expiry of the period for withdrawing from the contract; if the service has not been provided in full, but its provision has already begun, in the event of withdrawal from the Agreement, the User has the obligation to pay the Provider the amount for the performance provided up to the moment of withdrawal from the Agreement (the claim for the payment of the amount for the provided performance can be unilaterally set off against the claim User to return the Price).

The deadline for withdrawing from the Contract is maintained if the User sends the notice of withdrawal to the Provider no later than the 14th day after the day on which the Contract was concluded. To withdraw, the User can use the form provided under these TCs. The User may withdraw from the Agreement by sending a completed form, or another text of similar wording, to one of the Provider’s contact addresses listed above (e-mail or registered office address), or by any unequivocal statement made to the Provider. The User may withdraw from the Agreement, the subject of which is a free Product, by unsubscribing from the Provider’s e-mail database (by clicking on the relevant link at the end of each e-mail sent).

If the subject of the Contract is a paid Product, immediately after receiving the notice of withdrawal from the Contract, the Provider will confirm its acceptance to the User. The price will then be returned to the User without undue delay, no later than 14 days after withdrawal from the Agreement, to the same account from which it was paid. In another way, the Price can be returned to the User only if the User agrees to it and if it does not incur additional costs. Given that withdrawal from the Agreement without giving a reason is only possible if the digital content of the Product has not been made available to the User, the User will not incur any costs associated with its return. Any costs that the User may incur in connection with withdrawal from the Agreement (e.g. costs associated with sending a notice of withdrawal) are borne by the User by law.

The User may also withdraw from the Agreement in other cases provided for by law or the Agreement. The Provider is entitled to withdraw from the Agreement in the event of a substantial breach of the User’s obligations under the Agreement, especially in the event of unauthorized interference with the Web interface, copyright infringement, confidentiality obligations and in other cases stipulated by law. In the event of withdrawal from the Agreement, the Provider is entitled to demand compensation for damage if it has arisen from a breach of the User’s obligations. In the event of withdrawal from the Agreement on the provision of digital content, the Provider is also entitled to immediately make the digital content of the Product unavailable to the User.

The Provider has the right to withdraw from the Agreement also due to non-fulfillment of the minimum capacity of registered users, fulfillment of the maximum capacity of registered users or for other serious reasons. In such a case, the Price will be returned to the User without undue delay, at the latest within 14 days of withdrawal from the Contract, unless the contracting parties expressly agree to use the payment for another Product of the User’s choice. The price will be returned to the User to the same account from which it was paid, unless the contractual parties expressly agree otherwise.

If the User does not pay the Price or its first installment even within 15 days after the due date, the Agreement is automatically canceled upon expiry of this period, without the need for withdrawal.

If the User is provided with a bonus as a gift together with the Product, the gift contract is concluded with the severance condition that if the Contract is withdrawn, 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 return the bonus to the Provider without undue delay, no later than 14 days after withdrawal from the Agreement. All bonuses are made available when the Product is made available, unless otherwise stated on the Website for the Product.

XI. Complaint

After the Product has been made available, the User shall check the functionality and availability of its digital content as soon as possible and, if deficiencies or defects are discovered, contact the Provider so that corrections can be made. Digital content may be temporarily unavailable for short periods of time due to data maintenance or server outages. The website may be updated without prior notice.

In the event that the Product does not comply with the Agreement, the User has rights from defective performance in accordance with the relevant provisions of the GTC.

Rights from defective performance do not belong to the User in the event of defects caused by improper use or storage of the Product. Also, the Provider is not responsible for the unavailability or other defects of digital content in the event of an unsatisfactory digital environment. In order to verify whether the defect occurred as a result of an unsatisfactory digital environment, the User has a legal obligation to provide the necessary cooperation to the Provider to the extent that can be reasonably required and that can be ensured by technically available means that are as least disruptive to the User as possible. In case of refusal to provide cooperation, the User has rights from defective performance only if he proves that the digital content of the Product is not in accordance with the Agreement.

Rights from defective performance (complaint) can be exercised by the User with the Provider through the contacts listed above in these TCs (e-mail or registered office address).

XII. Dealing with complaints, resolving consumer disputes

If the User has any complaint regarding the concluded Agreement, its performance or the activities of the Provider, he may contact the Provider at one of the contact addresses listed above in these TCs.

The following authorities supervise compliance with the Provider’s obligations arising from legal regulations: the Czech Trade Inspection, the Trade Office of the Municipal District of Prague 1 and the Office for the Protection of Personal Data (in the case of obligations in the processing of personal data).

Any dispute between the Provider and the User will preferably be resolved amicably. If the User is a Consumer and a dispute arises between him and the Provider from the concluded Agreement or in connection with it, the User has the right to an out-of-court settlement. In such a case, the subject of out-of-court settlement of consumer disputes is the Czech Trade Inspection. All details on the out-of-court settlement can be found on the website of the Czech Trade Inspection (www.coi.cz).

XIII. Final Provisions

The costs incurred by the User when using electronic means of distance communication in connection with the conclusion of the Agreement (in particular the costs of internet connection) are borne by the User.

Neither the Provider nor the User wishes that, beyond the scope of the express provisions stated in the Contract, any rights and obligations should be derived from past or future practice established between the contracting parties or customs observed in general or in the industry related to the subject of the Contract, unless otherwise agreed in writing. The contracting parties are not aware of any business practices or practices established between them.

These TCs are published on the Website and are directly referenced in the order forms for the Products. By submitting the completed order form via the Web Interface, the User confirms that he is familiar with the TC content and that he agrees with it.

The contract is concluded for a fixed period, until the fulfillment of the obligations of the Provider and the User arising from the contract.

The contractual relationship between the Provider and the User is governed by the following legal regulations: OZ and, if the User is a Consumer, then also Act No. 634/1992 Coll., on consumer protection, as amended.

The personal data processing policy is set out in the document “Personal Data Protection Policy”, which is published on the Website and is directly referenced in the order forms for the Products.

If any provision of these TCs is or becomes invalid or ineffective, the invalid or ineffective provision will be replaced by a provision whose meaning comes as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of the provisions of the TC does not affect the validity and effectiveness of the other provisions of the TC.

The provider reserves the right to change these TCs to a reasonable extent. The new wording of the TC will always be published on the Website and the User will be informed about the change of the TC by e-mail sent to his electronic address. Such a change comes into effect upon expiry of the period set by the Provider, which is min. 30 days from the date of notification of the TC change. In the event that the User does not agree with the relevant TC change, he is entitled to terminate the Agreement by written notice no later than 5 days before the relevant TC change becomes effective; The contract will then be terminated 1 month after the User’s notice of termination is delivered to the Provider. In the event that the User does not exercise his right to terminate the Agreement, he agrees to the change in the TC. The Provider also reserves the right to accept such a change to the TC, which will not be associated with the User’s right to terminate the Agreement, provided that the User will be bound by such a change only if he agrees to it.