Design is a passion
Terms & Conditions
Terms and Conditions of Use for Magda Pawlik.
Last Updated on 22h July 2023.
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses.
GENERAL PROVISIONS
This website is owned and operated by Magda Pawlik, a United Kingdom company.
You must be at least sixteen years of age to use my website. Use of this website is at Your own risk. I host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, I make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT
All programs, products, and services are owned and provided by Magda Pawlik (“Company” or “I” or “My” or “Me”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. I reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email me at hello@mpawlik.com and I will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).
YOUR PRODUCT OR COURSE USE AND CONSENT
When You purchased my Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Magda Pawlik, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should I choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using my intellectual property immediately.
You may use my intellectual property with clear and obvious credit back to my site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, You may never claim any of my intellectual property as Your own or Your unique creation, even with attribution.
ONLINE COURSE INTELLECTUAL PROPERTY
LIMITED LICENSE
Any and all materials, paid or free, that You access on this or any related domains that contain my Offering are under the sole ownership or licensed use of Magda Pawlik.
To be clear, I own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of my website(s), program(s), product(s), service materials, or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms me, and I have the right to seek damages and/or an injunction to remedy the situation until I am made whole.
You may:
Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member).
Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member).
Use my trademarks and copyrighted materials with my consent and proper credit and marking, namely, citing ©Magda Pawlik as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
You may not:
Re-sell or trade Your access to the Offering.
Share the Offering with anyone else who has not yet purchased it or opted in to receive it.
Reprint or republish any of the Offering, in part or in whole.
Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing.
Reproduce and tweak any part or whole of the Offering for distribution as Your own work.
Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
Use my Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
REQUEST FOR PERMISSION TO USE CONTENT
If You wish to use, publish, or access any of my content, Offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing me at hello@mpawlik.com
CIVIL AND CRIMINAL PENALTIES
Even though my Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in the United Kingdom by opting into or purchasing any Offering or accessing its related communications and/or materials.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by me, including but not limited to third-party access sites, such as my Facebook group(s) or online software platforms that I use to distribute my Offering and related materials, You agree that I have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that I may not do so with said submission. You have no right to privacy by accessing my Offering or related materials, and I reserve the right to disclose Your participation in the same.
MODEL RELEASE
You must own the copyright to any image(s) You use by default or voluntarily on my platforms or in my Offering or related materials. You grant me a commercial license to any image(s) You submit to me by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.
NOTIFICATION OF USE
I am not obligated to notify You or anyone in photographs of my publication or other use of any image or images You submit by default or voluntarily.
SECURITY AND ASSUMPTION OF RISK
SECURITY
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. I do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe or PayPal. By utilizing these payment processors to gain access to the Offering, You indemnify me and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing my Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
YOUR COMMUNICATIONS
Any communications made through my ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to my phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. I own any and all communications displayed on my website, servers, comments, emails, or other media as allowed by United Kingdom law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how I store and use Your communications or any data provided by You in those communications, please refer to my Privacy Policy on this page.
I maintain a right to republish any submission in whole or in part as reasonably necessary in the course of my business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libellous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMERS
My website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless my website and company for any direct or indirect loss or conduct incurred as a result of Your use of my website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While I may reference certain results, outcomes or situations on this website, You understand and acknowledge that I make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. I expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while I try to make accurate statements in a timely and effective manner, I cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let me know, please email me at hello@mpawlik.com
EARNINGS DISCLAIMER
You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches my Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of my control. Therefore, I cannot guarantee Your success merely upon access or purchase of my Offering(s) or related material(s).
GENERAL DISCLAIMER
To the fullest extent permitted by law, I expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with my Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. I am not medical, legal, financial, or other professionals, or if I am, during the course of this Offering and related material(s), I am not offering my professional services and You expressly agree I am not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.
THIRD PARTY DISCLAIMER
You acknowledge and agree that I am not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
WARRANTIES DISCLAIMER
I MAKE NO WARRANTIES AS TO MY PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MY PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
TECHNOLOGY DISCLAIMER
I make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access my Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge my lack of responsibility for said failure, and while I will make reasonable efforts to support You, some technological issues are far outside my control and will require You to access support from a third-party provider.
ERRORS AND OMISSIONS
I make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in my Offering(s). I are not liable for any inaccuracies, errors, or reliance on personal opinions contained in my Offering(s) or related material(s).
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
INDEMNIFICATION
You agree at all times to indemnify and hold harmless my Company, as well as any of my affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to my Offering(s) .
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or in relation to my Offering(s). I do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access of my Offering(s) and related material(s).
AFFILIATES
This site may use affiliate links to sell certain products or services. I disclaim any and all liability as a result of Your purchase through one of these links. I will use reasonable efforts to notify You when and where I have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
TERMINATION
If at any time I feel You have violated these Terms and Conditions, then I shall immediately terminate Your use of my website and any related communications as I deem appropriate. It is within my sole discretion to allow any user’s access of my website, and I may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to my site(s).
FINANCIAL CONSIDERATIONS
REFUNDS
I take Your investment seriously, and I’d appreciate if You took my investment of time and resources into Your success seriously, too.
Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.
After 30 days of outstanding payment, Magda Pawlik reserves the right to send You to collections, upon which You will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.
COURSE PURCHASE REFUNDS
As you are able to download, make use of and copy the product immediately, I will only offer refunds in limited circumstances at our discretion, or where required by UK Law.
I do not, under any circumstances, offer refunds for a change of mind or change of circumstance. Therefore, it is in Your interest to carefully review the course contents, contact us with any questions, and ensure the course is suitable for Your needs before purchasing.
In the event You wish to request a refund, you can do so by emailing hello@mpawlik.com and by completing the Refund Request Form.
If your request for a refund is successful, I will usually refund any money received from You using the same method originally used by You to pay for Your purchase.
CHARGEBACKS
You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of my bonuses, affiliate bonuses, or other materials afforded to You in exchange for Your original purchase of myOffering. I reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
RECURRING PAYMENTS
If You have signed up for a payment plan, You hereby authorize my continued access to Your financial information stored by my third-party financial processing company referenced in this Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.
REVOCATION OF ACCESS
You have the unilateral right to terminate Your use and access to any of my Offering(s). Please send an email to hello@mpawlik.com to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
DISPUTE RESOLUTION
If You and my Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
NON-DISPARAGEMENT
If You are found to be slandering, libelling, or otherwise disparaging my Company, Offering(s), or related materials at my discretion, You will be immediately removed from the Offering(s) and any related communications. I reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm my Company.
ENTIRE AGREEMENT
Before You register with my website or make any purchases therefrom, You will be asked to consent to my Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and my company relating to the use of this website.
LAW AND JURISDICTION
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with United Kingdom law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the United Kingdom.
CONSENT
By using my website, You hereby consent to my Terms and Conditions of Use and Privacy Policy.
If You require any more information or have any questions about my Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at hello@mpawlik.com.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.
SEVERABILITY
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT INFORMATION
Email: hello@mpawlik.com
Address: 1 Cargil Court, EH5 3NE Edinburgh, United Kingdom.