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. If you do not fully agree with these Terms and / or the Personal Data Processing and Protection Policies, please do not use the Site.

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(s) or the Website(s) - https://oneluckystar.com and https://oneluckystar.mvsite.app/

c) Online Courses or Programs - Company provides online courses, programs, workbooks, webinars, masterclasses, etc. 

Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase.

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 courses (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 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) Course 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 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 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 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 or Courses listed on the Site, contract shall be considered concluded and is subjected to the current T&C. The payment must first be confirmed in the Provider’s account before the contract can be considered concluded.

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, Courses, or Services, as detailed in art. 1.2 let c).

7. PRICE. INVOICE. PAYMENT

7.1. The price of the Course(s)/Program(s)/Membership(s) is displayed on the Site.

7.2. After choosing the desired Course(s)/Program(s)/Membership, the Company shall send an invoice. The payment must be paid in full before the beginning of the Courses purchased.

7.3. Payment for the ordered Course(s)/Program(s)/Membership can be made as follows: via payment service providers such as PayPal or Stripe or by payment order/bank transfer, debit card, or credit card, you give permission to the Company to automatically charge your credit or debit card as payment for your Course without any additional authorization, for which you will receive an electronic receipt. We will not store any data about your card and do not take any responsibility if, due to the payment platform (PayPal, Stripe, or any other), your data has been lost, stolen, deleted, etc.

8. PROVIDING THE COURSE. ACCOUNT CREATION

In order to gain access to the Course(s)/Program(s)/Membership, you may be required to provide information about yourself including your name, email address, username, password, and other personal information so that you can access the Membervault platform (https://membervault.co/ specifically https://oneluckystar.mvsite.app/). In the event that your account is compromised, you agree to notify us in writing immediately and change your password. Any violation of these terms is grounds for removal and banishment from the Site at our discretion.

The Client acknowledges that creating a Membervault account is essential for providing the Course/Program, etc.

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 Course Materials for your own personal use. However, you are not permitted to share, sell, reprint or republish any other of our Course Materials, including handouts, for resale or mass reproduction purposes for your own business use. Any trademarks, taglines, and logos displayed on Course Materials are trademarks belonging to us. All trademarks reproduced on this Website, which are not the property of, or licensed to the Provider, 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 him by provisions that cannot be derogated from by agreement by virtue of the law of the country where the consumer 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 consumer’s/Client’s choice.

12. REFUNDS

12.1. Due to the digital nature of our products, we do not offer refunds after purchase. If you’re not satisfied with your purchase, please share your concerns with us via email at info[at]oneluckystar[dot]com and we’ll do our best to make things right.

12.2. You agree to not dispute any charges at any time. In the event that you inadvertently dispute a charge made to your account in connection with a purchase made through this website https://oneluckystar.mvsite.app/, you agree to immediately cancel/withdraw such a dispute. You understand that disputing a charge through your financial institution is a violation of this Agreement and you agree to not do so. You understand that we reserve the right to send any payments due and not satisfied to collections.

13. TERMINATION

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

• after all the Services have been provided to the Client;
• by cancellation in the event of a breach of essential obligation (such as the obligation Client to make the payments according to art. 7, or the obligation of the Provider to provide the services according to the established schedule);
• in a force majeure event that lasts more than 60 (sixty) consecutive days.

14. 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 by the Client after the initial encounter;
• Company – info[at]oneluckystar[dot]com.

15. 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.