Terms & conditions

BY VISITING MAGDAKLYMEC.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS. 

Overview

The terms “we”, “us”, “our”, “Magda Klymec” refers to Magda Klymec (the “Company”). The term “Website” refers to magdaklymec.com and all sites connected with Magda Klymec. 

The term “user,” “you” and “your” refers to site visitors, customers, guests and any other users of the site.

Magda Klymec provides a website where users can read articles, watch videos and find information related to lifestyle, general health, nutrition, fitness and physical and mental wellbeing and services where users may purchase online classes, workshops, masterclasses, subscriptions, and both online in-person coaching, training and mentoring.  (the “Services”).

Magda Klymec also provides materials and products related to lifestyle, general health, nutrition, fitness and physical and mental wellbeing (the “Products”).

Use of magdaklymec.com, including all Products presented herein and all online and in-person Services provided by Magda Klymec, is subject to the following Terms & Conditions. These Terms & Conditions apply to all site visitors, customers, and all other users of the Website. It also apply to all in-person customers who order their Products and Services through the Website. Please read the whole Terms & Conditions carefully before you start to use the Website. 

These Terms & Conditions govern your access to and use of the Website, including any content, functionality and Products and Services offered on or through the Website, whether as a guest, a user or a registered user.

By using the Website, you accept and agree to be bound and abide by our Terms & Conditions, our Privacy Policy and our Disclaimer.  If you do not want to agree to these Terms & Conditions, Privacy policy and Disclaimer, you must not access or use the Website.

Changes to the Terms & Conditions

We reserve the right to update any portion of our Website, Products and Services, including these Terms & Conditions at any time. We may revise and update these Terms & Conditions any time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Effect of Headings

The subject headings of the paragraphs of these Terms & Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions. 

Privacy Policy

Your use of the Website is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms & Conditions.

Disclaimer

Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms & Conditions.

Use of the Website

We reserve the right to withdraw or amend this Website and any Services or Products we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or to the entire Website, to users, including registered users.

To access the Website or some of the resources it offers and to use the Services you may be required to provide certain registration details such as your name, email address, username and password or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, complete and up to date. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it, including sharing all downloaded materials, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

To access or use the Website and the Services, you must be 18 years or older and have the requisite power and authority to enter into these Terms & Conditions. Children under the age of 18 are prohibited from using the Website.

Information provided on the Website and in the Services and the Products and other information are subject to change.

Accuracy and personal responsibility

We cannot guarantee the accuracy of the information. The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Magda Klymec disclaims all liability for any inaccuracy, error or incompleteness in the Content.

Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your professional/personal and/or physical and mental health situation.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information, Services and Products available on this Website or the resources available for download from this Website.

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website, thorugh the Services, Products and materials or not. You recognize that your ultimate success or failure will be the result of your own efforts, your context and particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results or results obtained by other people do not guarantee a similar or equal outcome for you.   

Lawful Purposes

You may use the Website, Products and Services for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.

You will not use the Website, Products and Services or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms & Conditions. 

The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms & Conditions.

You agree to be financially responsible for all purchases made by you through the Website. You agree to use the Website and to purchase Products and Services through the Website for legitimate, non-commercial purposes only.

Diversity and Inclusion

People with oppressive views and beliefs towards a diverse array of races, sexual orientations, religions, genders, and other identities are not welcome in our community or to use our Website, Products and Services.

You are strictly prohibited from posting or transmitting through the Website any content or material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, knowingly false,  or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. If, in our sole discretion, your conduct violates these Terms & Conditions in any way, you agree that we may immediately and permanently terminate your access to any Products, Services or online communities without refund.

Our Intellectual Property

All content provided on the Website and in the Products and Services are the intellectual property of Magda Klymec. The content of the Website, Products and Services are protected by UK trademark and copyright law. You may not remove any trademark, copyright, or other notice from the content of the Website, Products or Services. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Website or the Services, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Services, without refund, to pursue all available legal remedies against you if you are caught violating this Intellectual Property policy.

For educational and informational purposes only

As set forth more fully in the Disclaimer, the information contained on this Website, on all sites connected to Magda Klymec, on social media, in Products and Services and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website, on connected websites, on social media, in Products and Services and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, medical, health, psychological, business or any other professional advice.

Email and other electronic communications

Visiting the Website or sending emails to the Company constitutes electronic communications. You agree to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

Any email between the Company and the users, or other electronic communication, however, does not create a business relationship or any contractual relationship. 

As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

Use of communication services

The Website may contain chat areas, groups, forums, communities, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

You agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Submissions / material you post to the website

The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively, “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submissions you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submissions.

No compensation will be paid with respect to the use of your Submissions, as provided herein. The Company is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Magda Klymec from any claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

Refusal of Service

Magda Klymec reserves the right to refuse service to any company, person or entity without obligation to assign reason for doing so. Magda Klymec also reserves the right to limit the number of participants in any given Services.

Order Confirmation and Invoice

We will send an email to you confirming the placement of your order and stating details concerning our Products or Services delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. We will also email you an invoice related to the purchased Products or Services. In the event that there is an error in this invoice delivery, it is your responsibility, too, to inform us as soon as possible.

If you’ve signed up for a subscription with us, the subscription renews automatically and your credit card will be charged fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.

If you have signed up for an online class, mastercalss or workshop (“Online event”), confirmation that we have received your order and payment does not constitute acceptance into the Online event. We will email you separately to confirm that you have been accepted into the Online event.

Cancellations & Refunds 

If you have submitted a deposit or payment in full for our Services, Magda Klymec has the exclusive right to deny such Services if deemed necessary. If Services are denied, a refund will be provided in full.

We will not grant a refund due to change of mind, buyer’s remorse or accidental purchase. 

You agree you will carefully consider what kind of Products and/or Services you are purchasing and read carefully full descriptions of such Products and/or Services. 

Though we are commited to describe our Products and Services as accurately as possible, errors, incomplete information or missing information, as well as typing errors or errors in pricing may occur. In such events, we are willing to deliver the detailed or corrected description of Products and Services, however, refunds can not be claimed. 

We reserve the right to refuse or cancel any order with an incorrect price listing.

No joint venture or other relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Terms & Conditions or use of the Website. The Company’s performance of this Terms & Conditions is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use or non-use of the Website or Products and Services. Additionally, Magda Klymec is not liable for damages in connection with any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; loss of revenue, anticipated profits, business, savings, goodwill or data; and third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if Magda Klymec has been advised of the possibility of or could have foreseen the damages. Our liability is limited to the fullest possible extent permitted by law. In no event shall Magda Klymec’s cumulative liability to you exceed the total purchase price of the Products and Services you have purchased from the Company, and if no purchase has been made by you Magda Klymec’s cumulative liability to you shall not exceed GBP 50.

Third Party Resources

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents, responsible or liable for the availability, accuracy, content or policies of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Guests

The Company may, from time to time, provide information from a third party in the form of a guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth and correctness of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any medium offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

No warranties

The Company makes no warranties regarding the performance or operation of this Website. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this Website. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, recovery and litigation expenses, arising out of any breach by you of any of these Terms and Conditions, or arising by any use by you of the Website, Products or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Waiver

No waiver of any of the provisions of this Agreement by Magda Klymec shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Magda Klymec

Severability

If any term, provision, covenant, or condition of this Terms & Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub licenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Governing Law 

This Agreement shall be governed by and construed in accordance with the laws of the UK, without regard to its choice-of-law or conflict-of-law provisions and the Parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the UK as regards any matter or claim relating to these Terms and Conditions. 

Contact

If you have any questions regarding our Terms & Conditions, please contact us via email at: hello@magdaklymec.com.

Updated: February 2022