TERMS AND CONDITIONS (T&C)

1. PRELIMINARY INFORMATION

1.1. This document represents a contract between you, as the Customer/Client, and the Company, having the identification data indicated below. Please also read the Data processing and data protection Policy before browsing this site or placing an order. Please do not use the Site if you do not fully agree with these Terms and / or the Personal Data Processing and Protection Policies.

1.2. Definitions:

• a) the Provider or Company - ONE LUCKY STAR SRL (One Lucky Star), CUI: RO42964940, head-office in Brasov, Romania, e-mail info[at]oneluckystar[dot]com;
• b) the Site or the Website - https://oneluckystar.vipmembervault.com/
• c) Beta Program - Company provides the How to Land Your First (or Next) Podcast Interview Program (herein referred to as the “Program”).
• d) the Client or Customer – the natural person, consumer, over the age of 18, who purchases any of the Products made available through the Site and who becomes a party to this Agreement;
• e) the Contract/Agreement/Terms and conditions – refers to this present document which is a substitution of the contract for the provision of programs (as presented above), according to the offer presented on the Site, and which was concluded according to consumer rights legislation applicable in EU; this contract will be considered concluded when the consumer will pay for the order, and all rights and obligations of each party (Client and Company) will be governed by the present Terms and Conditions;
• f) the Order – is referring to the order placed on the Site;
• h) Confidential information – refers to the content of the Products, Programs and Courses, the correspondence between the Client and the Company, as well as any data, documents, reports, records, notes, studies, analyses, projects, courses, webinars, the contents of thereof, and any other information disclosed by the parties and/or their representatives;
• i) the Parties or the Party – can refer to the Company and the Client, jointly, or only one of the two;
• j) Program Materials or Materials – can refer to any but not limited to the following materials: slides, articles, workbooks, spreadsheets, Canva templates, videos etc.

2. THE CONTRACT

2.1. Both this document and all other documents to which it refers are binding on the Client who places an order, and the latter will undertake to comply with all this.

2.2. We reserve the right to change these Terms at any time without notice. Your order will be subject to the Terms and Conditions in effect at the time of placing your order. 

3. THE SITE. THE COMPANY.

The Site is under the administration and property of the Company: ONE LUCKY STAR SRL (One Lucky Star), CUI: RO42964940, registration no.: J08/1643/2020, head-office in Brasov, Romania, e-mail info[at]oneluckystar[dot]com.

4. PRE-CONDITIONS

4.1. In order to legally place an Order through the Site, the Client must:

• be of legal age (over 18 years of age) and have full exercise capacity,
• agree to the Terms of the Contract and the other documents or policies indicated; and
• to provide real, complete and up-to-date contact information.

4.2. The Products, Programs and Courses are not dedicated to minors, and the Company does not sell products to minors without the formal and previous consent of their legal guardian.

4.3. In order to benefit from online programs, courses, workshops or webinars, the Client must have and ensure the following:

• Internet connection;
• be willing to create a Membervault [https://oneluckystar.vipmembervault.com/] account and a Facebook account for access to all the Materials.

5. GENERAL RULES

5.1. By accessing, visiting, placing an order, or carrying out any other activity on the Site, the following rules will be observed:

• The site will be used exclusively for the purpose for which it was created: information and sale of products, as defined and as seen in the present T&C and on the Site;
• Only real, accurate, complete, and up-to-date information will be provided by the Client;
• The intellectual property rights regarding the written, graphic and any other content found on the site will be respected;
• You will not take any action that could cause any harm to our site or damage its image or the Company, otherwise, we reserve the right to recover any damage caused.

5.2. Please note that we reserve our right to block the access of any user who violates the above rules, to cancel orders, to notify the competent authorities for administrative, civil, or criminal liability for any antisocial acts, and to go to court for full recovery of any damages caused, present or future, unrealized benefits and legal costs (including attorneys' fees, associated with recouping payment on disputes and any collection fees).

6. CONCLUDING THE CONTRACT

6.1. After the Client expresses for one or several Products, Programs or Courses listed on the Site, contract shall be considered concluded and is subjected to the current T&C.

6.2. We reserve the right to choose our client as well as to decide on whether or not to conclude the contract. We will not be liable to you if we refuse to process an Order.

6.3. This document constitutes the full agreement regarding the object of the Products, Programs, Courses, or Services, as detailed in art. 1.2 let c).

7. PRICE.

7.1. The Beta Program is offered in exchange for feedback or testimonial. The Company will offer live classes Mo-Fri (10/10/2022 – 10/15/2022). If Client can’t watch the live sessions, Client is invited to watch the replays and submit the homework. Once the classes are done, the Client will get support in the Facebook group for four additional weeks. The group will be archived on 11/14/2022.

7.2. If Client cannot send feedback or testimonial by 10/21, Client will lose access to videos and any other materials.

7.3. Client allows Company to use at least their first name and title for promo materials based on their feedback or testimonial.

8. PROVIDING THE PROGRAM. ACCOUNT CREATION

8.1. The Program shall be provided online, via Facebook, Zoom or another platform that will be announced and agreed on in advance. The live classes will be recorded. In order to participate in them, explicit consent will be required for the recording of the image and/or voice. We inform you that these recordings may be used in the future, exclusively for study and research purposes, but also to be used in relation to other clients of the Company, as stated in the GDPR Policy (for example, people who have registered for live classes but who could not participate for various reasons). We reserve the right to modify the recordings (i.e. editing, cutting, etc.) in order to fulfill the latter purpose.

8.2. Each Client enrolled in this Beta Program shall have access to a special Facebook support group where classes are going to be held as well as where some or all materials related to the Beta Program (such as slides, articles, workbooks, spreadsheets, Canva templates etc.) will be uploaded by the Company. The purpose of this or these groups is to ensure:

• Networking between Clients who have similar goals, as well as for them to exchange opinions and any feedback regarding the Beta Program provided, thus enhancing the learning process;
• Support from the Company to each Client, offer answers to different questions related to the Beta Program;
• Upload relevant material for the Beta Program provided.

Having access to a Facebook user for providing said Beta Program is considered to be essential and the Company cannot be held liable in no way for the Client’s refusal to create and/or have a Facebook account.

8.3. After the Beta Program is fulfilled, all the material related and resulted (articles, workbooks, spreadsheets, Canva templates etc.) shall be uploaded by the Company within a timely manner on the Membervault platform (www.membervault.com), where the Clients shall have unlimited access. The Client acknowledges that making and/or providing a Membervault account is essential for providing the Beta Program to its full extent (lifetime access to the material related and resulted being part of the Beta Program).

8.4. In case of family emergencies, unexpected travels, legal non-working days, health reasons, and other objective reasons and situations (pre-programmed masterminds, conferences, and other events the Company shall participate in), the online sessions can be re-programmed upfront by the Company and shall make an announcement on the Facebook group with regard to the new date and/or time.

9. FORCE MAJEURE 

We will not be held liable for any delays or failures in the performance of our duties in the event of force majeure. Force majeure includes, but is not limited to, changes in laws or regulations, embargoes, wars, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, weather conditions, epidemics and acts of hackers or internet service providers.

10. INTELLECTUAL PROPERTY

10.1. The entire content of the Site, the Courses, Programs, and Program Materials are the “Intellectual Property (IP)” of the Company. You are permitted to download and/or print free resources from the Site or e-mail correspondence, e-newsletters, or other publicly shared information that are NOT a part of any paid Course, Program for your own personal or business use, but only provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page(s) – https://oneluckystar.vipmembervault.com/ - from which the information was obtained. You may also download and/or print Beta Program Materials for your own personal use. However, you are not permitted to share, sell, reprint or republish any other of our Beta Program Materials, including handouts, for resale or mass reproduction purposes for your own business use. Any trademarks, taglines, and logos displayed on Beta Program Materials are trademarks belonging to us. All trademarks reproduced on this Website, which are not the property of, or licensed to the Company, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

10.2. The users of the Site and Clients have no right to download, modify, in whole or in part, reproduce, in whole or in part, copy, distribute, sell or exploit the Intellectual Property in any other way contrary to the interests of the Company, or contrary to art. 10.1 above.

10.3. Any content (including but not limited to databases, graphics, trademarks, legal content, materials, and video) is thus the Intellectual Property of the Company and is protected by the relevant European and Romanian copyright legislation, including Law 8/1996 on copyright and related rights. Any infringement of intellectual property likely to cause moral or material damage will lead to the formulation of notifications, complaints, petitions, etc. to the competent authorities.

11. APPLICABLE LEGISLATION

11.1. Romanian law will apply to this agreement, as well as to any use of the site. Such a choice may not, however, have the result of depriving the Client (consumer) of the protection afforded to her/him by provisions that cannot be derogated from by agreement by virtue of the law of the country where the Client has his habitual residence.

11.2. Any dispute between us will be submitted to the Romanian courts for settlement or the courts of the country in which the consumer is domiciled, according to the Client’s choice.

12. TERMINATION

The present contract shall be terminated in one of the following cases:

• after all the Beta Program has been provided to the Client;
• if Client fails to follow the Program T&C, or if Client otherwise violates this Agreement;
• Company reserves the right to revoke access to any Product at any time if content has been copied or used in an unauthorized manner. This includes copying the concept or creating a competing product using the information learned from the Beta Program or any other Program, Course or Materials. Company reserves the right to pursue damages for unauthorized use of downloaded materials.
• in a force majeure event that lasts more than 60 (sixty) consecutive days.

13. NOTIFICATIONS

The parties agree that all communications regarding the Contract, Order, etc. take place by e-mail, agreeing that such communication is valid by mere proof from the Parties that the communication was sent. The parties agree that all communications in connection with this Agreement will be made to the following addresses:

• Client – the e-mail initially used at the beginning of the contractual relationship, or any other email pointed out by the Client after the initial encounter;
• Company – info[at]oneluckystar[dot]com.

14. CONFIDENTIALITY

Both the Company and the Client undertake and guarantee to maintain the confidentiality of the Confidential Information, defined in art. 1.2 lit. h) of this document, to prevent their disclosure to third parties and not to use them for purposes other than those indicated in these T&C, except those previously authorized in writing by the Company or the Client and subject to the terms and conditions imposed by it.

15. LIFETIME ACCESS

You'll have lifetime access to the Beta Program for as long as the Beta Program exists. If the Beta Program is retired (discontinued), you'll have the opportunity to download all the relevant materials over a 30-day timeframe before access is revoked.