Terms and Conditions
Version 1.0 | December 02, 2022
00. General conditions
By accessing our Website or using our Services, You agree to all our Terms and Conditions. Please read them carefully.
The simple fact of browsing the web does not mean that a commercial or employment relationship between Us begins.
If You are under 18 years old at the moment of purchasing a service from us, before the purchase, You or a person responsible for You must contact Us at [email protected] to assess if You have the right to access the Service.
1. Administrator [We / our / Us] – “Elevate Sustain Prosper” owned by Maja Barbara Michalewska.
2. Website: an online service website that acts as an intermediary between the Administrator and the User. available at https://majamichalewska.com
3. User [You / You] – any entity that uses the Website.
4. Online community: the total of Users accessing our websites, services, or social media channels.
5. Services: Our products and services (Digital, in-person, or physical products).
6. Live online session: meeting held by the Administrator or other affiliate or partner that can consist of a class, webinar, individual or group session, meeting, or any other form that is streamed in real-time to the User.
7. Materials: one or several digital files containing video or audio recordings, text and image documents, links to access live online sessions or other files that are the basic components of the digital Product.
8. Digital Product: a paid service that provides access to specific Materials provided through the Internet by the Administrator to the User via the Website.
9. In-person Product: a paid service that provides access to specific Events provided through the Internet by the Administrator to the User via the Website.
10. Physical Product: a paid physical object sent to an address You provide to Us during the purchase process.
11. Event: A gathering that happens in a specific physical location and time indicated by the Administrator that can take a form of a conference, individual or group session, meeting, interview, circle, or any other form.
12. Complaint – notification to the Administrator by the User of a defect in the Product
02 Who are we
Administrator: “Elevate Sustain Prosper”
Owner: Maja Barbara Michalewska
Registration date: 22.11.2022
Adress: Bykildevej 7, 1. th. 2500 Valby. Denmark
Contact information: [email protected]
| 0045 52902457
03 Purpose of the Website
The services provided by Us are the following:
• The sale of our services to Costumers (B2C) or Bussiness (B2B)
• The sale and promotion of third-party services through affiliation.
• The sharing of general information related to the purpose of our business
• Manage the list of subscribers and Users attached to the services.
• Manage the network of affiliates and merchants as well as their payment management.
04 What do You agree to by accessing this Website and using our services
The guidelines are simple; You agree to use this Website, its services and its contents without violating current legislation, good faith and public order.
• You agree to these Terms and Conditions.
• You agree to our disclaimer. Limitation of liability (section 05) and Notice of filming and photography (section 06)
• You will honour our privacy and the privacy of the rest of the Users of our online community by keeping this confidential and safe container. You are part of this online community, and We will respect your privacy.
• All materials received after the purchase of our services or during or after our sessions or events are for personal use only. These materials may not be reproduced, resold or utilised for any other reason without written permission.
• You may not use this Website for illicit or harmful purposes or that may prevent its regular operation.
• You may not disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or an attack on human rights.
• You may not cause damage to the physical and logical systems of the Website, its providers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
• You may not try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.
• You cannot carry out conduct that damages our image and interests, nor any members of our online community.
05 Disclaimer. Limitation of liability
Our services are for general information purposes only. Our services do not provide medical advice and are not intended or implied as a substitute for professional medical advice, diagnosis or treatment. Reliance on our services is solely at your own risk, and We hereby disclaim all liabilities that may arise as a result.
You accept and agree that You are fully responsible for the progress and results of the services offered. We do not give any guarantee, neither verbal nor written. The result will depend exclusively on You putting what is indicated in the Services into practice.
In no event will We be liable for any direct, indirect, special or consequential damages, loss of revenue, lost profits, loss of business, cost of cover, or reliance, exemplary or punitive damages, even if We are advised of the possibility of such damages. We are not liable to You for any losses and damages incurred by your use of the Website, compliance with the information presented on the Website or contained in the Services in any circumstances, as well as for the consequences of decisions made on this basis.
In case of dissatisfaction with our services, your sole and exclusive right and remedy is to discontinue access to and use of our services.
You hereby waive the right to bring any claim against Us arising out of or in any way relating to our Services more than one year after the date that such claim arose.
You agree to defend, indemnify and hold Us, our affiliates, owners, stockholders, directors, officers, employees, and agents harmless from all losses, liabilities, damages and expenses (including reasonable attorneys’ fees) incurred in connection with any action, suit, proceeding, claim, demand, investigation, or formal or informal inquiry that arises out of or is based upon your use of the Services or your violation of our terms.
DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not make and hereby disclaim all warranties, including express, implied, and statutory warranties that our services will be uninterrupted, timely, error-free, or completely secure and the implied warranties of merchantability or satisfactory quality, fitness for a particular purpose and noninfringement of any third party’s intellectual property rights. Our services are provided (except as expressly stated by Us) on an “as is” and “as available” basis, and your use of our services is solely at your own risk. We hereby disclaim all responsibility for the acts or omissions of our other customers, clients, and third parties.
We put all the means to ensure the continuity of our services and to undertake, as soon as We become aware of any incident, the actions aimed at its restoration or repair, except for the concurrence of causes that make it impossible or make its execution difficult.
In case of doubt, You can contact Us at: [email protected].
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or current.
We reserve the right to modify the contents of this site at any time, but We have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted your order).
06 Notice of filming and photography
By attending any of our services, You agree to allow Us the right to the use of your photographs, voice and pictures, comments, written expressions, silhouette, and other reproductions of physical likeness (including any still image, video, captured video-conference image, and/or other analogue or digital means, or other media now in existence or hereafter developed), in connection with or as part of any of our services, or other professional endeavours, also in the advertising, and/or publicising of any such analogue or digital works or their content, in perpetuity.
You understand that We may use these images/sounds for commercial, educational, or informational purposes. You shall not be entitled to any royalties, fees, or other compensation or Notice, in connection with any such use. In addition, You waive any claims that any use of your photograph, image, and/or voice as permitted.
Only We or a person authorised by Us has the right to record or document by images or audio any of our services (for example, events, in-person products or live online sessions). You agree that You will not screen capture, share, broadcast, document or record any parts of our services.
For any questions related to this subject, contact Us at: [email protected].
07 Online community.
These Terms and Conditions apply to all our activities across the different platforms and social media channels.
Your Commitment (Community Commitment)
By being part of our online community and interacting with other members or Us, You agree with these Terms and Conditions, especially with the following:
• You will honour the privacy of all members of the online community.
• You commit to yourself first and your empowerment.
• You commit to sharing from a place of power and possibility. Sharing to elevate the energy
• You commit to keeping the confidence and respect of the member of our online community and Us.
• You commit to being positive, generative and growth/solution oriented in breakdown situations in your life, with other members and in the events or sessions.
• You commit to giving advice only if requested.
• You commit to celebrating, mirroring and amplifying the brilliance and power of other community members.
• You commit to refrain from offering or soliciting business from other members (We will organise safe spaces or meetings for this purpose)
• You commit to respecting other members regardless of their personal beliefs or opinions. You commit to being open-minded and listening to others.
• You commit to taking responsibility for your actions and being accountable for them; this includes admitting mistakes, apologising when appropriate and making amends for any harm caused to other members.
You are fully responsible for the content You post on our social media channels and/or the Website. And You must ensure that it is appropriate, accurate and legal; this includes avoiding spam, non-authorised Us self-promotion or third-party promotion, or content that is offensive, defamatory or infringe the rights of other members.
You must respect intellectual property by not posting content that infringes copyrights or other third-party rights.
You must follow the community commitment and these Terms and Conditions when posting content, not posting prohibited or illegal content.
We reserve the right to remove any content deemed inappropriate or illegal in violation of these Terms and Conditions.
By posting content in the community, You grant Us a non-exclusive, royalty-free right to use and distribute such content.
You are encouraged to reach Us at [email protected] to report any violation of these terms and/or the community agreement.
You may only post links to websites that are relevant to the topic and provide valuable information or resources.
You must not post links to spammy, misleading, illegal, or malicious websites that violate these Terms and Conditions.
We reserve the right to remove any link deemed inappropriate or illegal in violation of these Terms and Conditions.
We may make connections and links to other websites managed and controlled by third parties or affiliate links available to You. These links have the exclusive function of facilitating your search for information, content and services on the Internet without being considered a suggestion, recommendation or invitation to visit them.
We only promote affiliate links that We have tested ourselves and consider their Product or services of high quality and interest to you.
We do not commercialise, direct, previously control, or own the contents, services, information and statements available on said websites.
We do not assume any responsibility, not even indirectly or subsidiary, for damages of any kind that may arise from access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, statements, products and services existing or offered on websites not managed Us and that are accessible through our Website.
Any contractual or extra-contractual relationship that You formalise with advertisers, affiliates or third parties contracted through this Website is understood to be carried out solely and exclusively between You and the advertiser. We only act as an advertising medium.
Please review the third-party’s policies and practices carefully and ensure You understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. Under no circumstances will We be responsible for any such claims.
You can link to our Website from your Website as long as it is to add value to other pages and without contravening our interests. The fact that they have linked “majamichalewska.com” on another website does not mean that there is a contractual relationship with it, nor the acceptance or approval by Us of its contents, services or products.
08 Intellectual property
All products sold on this Website are subject to copyright and intellectual property.
We reserve all our intellectual property rights in our Services, including our written, audio and video materials. You may use our Materials only for your personal, non-commercial use. You agree not to copy, reproduce or share our Materials, create derivative works of our Material, or use our Materials for any other use without our written permission. Using the Services does not give You any ownership to our Services or our Materials, and You have no right or interest in our Materials except the right to use our Materials in the manner described here.
Your login (access) data is personal and non-transferable. Therefore, You are responsible for keeping your account password a secret.
09 Electronic purchase process
The electronic contracting process will follow the following steps:
• You, after viewing a sales or service page, will proceed to access the choice of the different existing modalities.
• You will proceed to fill in the requested data: Name, Surname, Email, Address, date of birth, company information and ID (for some services, We may not request all the data listed here)
• After filling in the data, You will enter the bank card number or make the payment by transfer, card or other modality offered. The payment will be processed through the Stripe or Paypal gateway, which complies with all security standards.
• Once this step is done, You will receive two emails.
• One email with access to the Service. (up to 48 hours after payment)
• A second email with proof of contracting together with a link to these general conditions
• After the payment is processed, We will add the email to our mailing list, where relevant content in relation to the purchase will be shared with you.
We recommend that You keep a copy of these conditions at the time of purchase.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet your expectations or that any errors in the Service will be corrected.
The forms of payment accepted are:
• Visa/Mastercard (stripe): You must provide the name of the cardholder, the card number, the expiration date and the CVV
• Alternative payment options according to your location (offered through the Stripe platform): depending on the method, You may need to provide your phone number, email, or login information.
• Paypal: through the tool, where You will provide your credit/debit card or other required information.
You accept the Terms and Conditions of our payment providers when accepting to process the payment
The prices applicable to each Product are indicated on the Website on the order’s date.
We reserve the right to limit the quantities of products or services We offer.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
The operation may be exempt or not subject to VAT depending on the buyer’s country of residence and the condition in which the same acts (entrepreneur/professional or individual).
Before making the payment, the Product’s price and the applicable taxes will be shown.
To issue the corresponding invoices, You must send your tax information to our email [email protected]. We will be glad to send it to you.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order You place with Us. In addition, We may, in our sole discretion, limit or cancel quantities purchased. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the email and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. In addition, You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that We can complete your transactions and contact You as needed.
We will deliver the materials for the Service to the email address provided by You in the purchase process. In the case of physical products, We will deliver them to the address specified in the purchase order.
You are responsible to ensure that the information provided is correct and up to date (that includes your delivery address and email)
We are not responsible for any errors, delays or damage caused by incorrect or outdated information provided by you. Any additional cost (including custom duties or redelivery fees) as a result of the information provided by you
Unless otherwise stated, all Our digital products, events, live online sessions and in-person products purchased are non-refundable, and returns will not be accepted.
You are responsible for paying the total amount of the price You originally agreed to pay for any program You purchase, regardless if You leave the program, do not complete it in the time frame provided, or don’t use the container at all or for whatever other purpose set out in the present Terms and Conditions.
If You cannot pay in total for a program and require a payment plan, You are still responsible for the total purchase price of the program initially agreed to.
You can cancel subscription-based services five days before the renewal date by contacting [email protected].
For exceptional circumstances, You can send a request to [email protected] at least seven days prior to the start date of the Service (not applicable to digital products that give You direct access to our materials). Under no obligations, We will evaluate if You have the option to have a substitute or a non-refundable voucher for future Service.
Our physical products follow the current consumer laws concerning refunds and returns.
Return shipping fees will be the buyer’s responsibility, and a 40€ restocking fee will be deducted from your refund.
In case of defective or damaged products, You must inspect the Product upon delivery and notify Us within 24 hours of receiving the Product of any damage or defects. We will replace or refund any damaged or defective product at our discretion, and We may request that You return the Product before processing the claim.
We suggest You add delivery and/ or tracking information to your merchandise return, as We cannot be responsible for returns lost in transit. Additionally, refunds will be issued when physical products are received in new and unopened condition.
Please make your refund of physical products request in writing to [email protected].
11 Requirements to access the Services
To Access our digital services, You will need to have the following:
• A computer or another device, such as a mobile or tablet
• Internet connection
• Possibility to watch videos
• Ability to view files in Google Drive
• Access to our online meeting platform.
DISCLAIMER OF RESPONSIBILITY – ONLINE PLATFORM
You are solely responsible for ensuring that your device and internet connection meet the requirements for using our online platform.
You are responsible for properly installing and configuring the online platform prior to the session.
We recommend You get familiar with the features and capabilities of our online platform prior to the session, and if needed, contact the support of the online platform or read their FAQ page.
We are not responsible for any technical issues, difficulties or malfunctions that may occur during the use of the online platform, including but not limited to audio or video quality issues, connectivity issues or user errors.
We reserve the right to terminate or reschedule an online session if there are technical issues or You are unable to use the online platform properly.
We are not obliged to compensate or refund for the termination or rescheduling of a session.
We are not obliged in any manner to wait, postpone the start, make a break or extend any online sessions due to technical issues of some of the participants, It is your responsibility to solve the issues and connect when You are ready.
We are not responsible for any losses, damages or stolen data that may result from using the online platform.
These terms apply to any platform We use. Currently, We hold our live online sessions in Zoom (https://zoom.us/)
We may provide You with access to third-party tools that We neither monitor nor have any control or input. You acknowledge and agree that We provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by You of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
12 Termination or suspensions
The dissolution of the service contract can occur at any time by either party.
You may terminate these Terms at any time by closing your account or discontinuing your use of our Services. In addition, We may suspend or terminate your account, cease providing our Services or terminate these Terms at any time for any reason, including if You have violated our terms or your use of our Services may adversely impact our operations or subject Us to liability.
13 Right of exclusion
We reserve the right to deny or withdraw access to the Website and the services offered without prior notice, at its own request or by a third party, to those users who fail to comply with these conditions of use.
14 Changes to this Terms and Conditions
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Website. By continuing to access or use the Services, You agree to be bound by the revised Terms.
These Terms of Service and any policies or operating rules posted by Us on this site or with respect to the Service constitute the entire agreement and understanding between You and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).
The changes come into force on the day of their publication on the Website.
In the event of non-acceptance of the new Terms and Conditions, You have the option of withdrawing from their acceptance, which will result in the contract expiry between Us and You.
15 Processing of personal data
By activating a subscription, purchasing a service, contact form or comment, You understands and accepts that:
The information You provide during the purchase process will be stored by Us (“Elevate Sustain Prosper”) in our capacity as Data controllers.
In the same way, and unless the client has “shown their express opposition, You expressly consents to the processing of their data to send information of interest, news and offers on products and services through any means, including email.
To unsubscribe from sending advertising communications, You can do so by sending Us an email at [email protected]. Or by accessing the link at the end of each communication, including email, with an option to unsubscribe
16 Applicable law and jurisdiction
The relationship between Us and You will be governed by Danish national regulations, and any controversy will be submitted to the Danish.
Courts and Tribunals in Copenhagen, unless the applicable Law provides otherwise.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable Law. The unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of Us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
EUROPEAN CONSUMER REGULATIONS
The European Commission has created the first European platform for dispute resolution in electronic commerce covered by the latest consumer law. Therefore, We must inform You about the existence of an online platform for alternative dispute resolution.
You can access it using the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
17 Contact information (claims and inquiries)
Questions about the Terms and Conditions could be sent to Us at [email protected].
Maja Michalewska, founder of Elevate Sustain Prosper