Terms and Conditions

Introductory Provisions

The Provider is a limited liability company operating in the field of the provision of physical education and sports services in the field of tennis and the operation of physical education and sports facilities and the organization of sports activities. Within the scope of its business, the Provider offers the services of the Online Tennis Academy (hereinafter also referred to as the “Service” or “Services“), the detailed specification of which is provided on the Provider’s website located at the Internet address www.3mavens.com (hereinafter also referred to as the “Website“) and which the Provider provides to customers – natural or legal persons (hereinafter also referred to as the “Customer“) on the basis of a contract for the provision of services (hereinafter also referred to as the “Contract“), under the terms and conditions agreed in the Contract for the provision of services and these General Terms and Conditions.
The Provider does not provide any health services. The Provider is an expert in the field of tennis and the operation of physical education and sports facilities and the organisation of sporting activities and only recommends a training plan based on its capabilities and to the best of its knowledge.
These General Terms and Conditions (hereinafter referred to as “Terms and Conditions” or “GTC“) regulate the mutual rights and obligations of the parties arising in connection with or based on the Contract concluded between the Provider and the Customer when ordering and providing the Services specified on the Website.
The GTC are part of all Contracts concluded between the Provider and the Customer and are binding for both parties from the moment of conclusion of the Contract. Any deviating provisions in the Contract shall prevail over the provisions of the Terms and Conditions.
The Provider reserves the right to change and amend the Terms and Conditions at any time. This does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

Pre-Contract Consumer Notice

A consumer is any person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, concludes a contract with an entrepreneur or otherwise deals with him. If the Customer provides his/her ID number or other business billing information in the order for the Services, this fact shall be interpreted as that the Customer intends to use the Provider’s services or products within the scope of his/her business activity and shall not be regarded as a consumer within the contractual relationship and his/her contractual relationship with the Provider shall be treated as a contractual relationship between two business persons.
In accordance with § 1820 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the “Civil Code“) and the relevant provisions of the European Union legislation harmonizing the field of consumer law, in particular Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, the Provider hereby discloses the following to the Customer-Consumer (the following disclosures in Article 2 of these GTC are addressed exclusively to consumers):

The main features of the Services are set out in the description of the Services on the Website and in Articles 6 and 7 of the GTC below.
The identity and contact details of the Provider are listed in the header of the GTC. The address of the business premises does not differ from the address of the Provider’s registered office.
Details of the price of the Services and payment terms are set out in the price list on the Website and in Article 5 of these GTC.
The cost of the means of distance communication does not differ from the basic rate of the provider of the relevant service (price of the Internet connection, price of the telecommunications service provider, etc.)
The reasons and conditions for withdrawal from the Contract are set out in Article 9 of the GTC. In the event of commencement of the provision of Services prior to the withdrawal from the Contract, the Customer shall be obliged to pay the pro rata part of the price for the Services already provided. The Customer cannot withdraw from the Contract:

if the Services have been provided in full and performance has commenced with the prior express consent of the Customer-Consumer, the provision of the Services shall extinguish the right to withdraw from the Contract;
in the case of digital content, after performance has commenced, if performance has commenced with the prior express consent of the Customer-Consumer.

The rights arising from defective performance and the procedure for handling claims are set out in Article 10 of the GTC.
The duration of the contract and the minimum duration of the obligations are set out in Article 9 of the GTC.
In the event of a dispute between the Provider and the Customer-Consumer, the Customer-Consumer may use the possibility of out-of-court dispute resolution. The competent authority for dispute resolution is the Czech Trade Inspection Authority (CTIA). In this case, the Customer-Consumer may contact the CTIA via the contact details provided on the CTIA website (https://www.coi.cz/). The dispute may also be resolved via the ODR platform. More detailed information on the terms and conditions of online dispute resolution is provided at http://ec.europa.eu/odr.
The Provider shall issue a confirmation of the concluded Contract in text form to the Customer-Consumer within a reasonable time after its conclusion, but no later than before it starts providing the Service. The Contract shall be archived in electronic form by the Provider and shall be made available to the Customer-Consumer upon prior request.

Minimum Customer Age

The Customer entering into a Contract with the Provider may only be a person senior to 18 years of age.
The Customer undertakes to prove his/her age to the Provider upon request by means suitable to leave no doubt as to the Customer’s age.
If the Customer fails to prove his/her age upon the Provider’s request, the Provider reserves the right not to conclude the Contract or to withdraw from the Contract.

Order and Conclusion of the Contract

The Website provides an informative presentation of the Services offered. This presentation is informative and does not constitute a proposal for the conclusion of the Contract by the Provider. The presentation on the Website serves only to provide basic information about the Services offered and to enable the Customer to place an order.
In the event of the Customer’s interest in a particular Service, the Provider recommends to first arrange an initial video consultation via the interactive web element on the Website. This initial consultation is provided free of charge to the Customer before the contractual relationship is established.
Following the initial consultation, the Customer may place an order for the selected Service via the web interface on the Website by clicking on the interactive web element for the selected Service and then completing the order form and clicking on the “order with obligation to pay” button.
Before sending the order, the Customer is enabled to check and modify the input data in order to detect and correct any errors made when entering data into the order. The data provided in the order shall be deemed correct by the Provider.
By sending an order, the Customer confirms that he/she has read these GTC including the consumer information and has acknowledged the price of the Service according to the valid price list and that he/she expressly agrees to them.
After the order is confirmed, the Customer will be redirected to the payment gateway to pay the price of the Service.
Depending on the nature of the order, the Provider is always entitled to ask the Customer for an additional confirmation of the order (for example, in writing or by video conference call) in order to verify the authenticity of the order. If the authenticity of the order cannot be verified, or if it is clear from the order that the conditions set out in Article 3 of the GTC are not fulfilled, the order shall be deemed not to have been placed at all.
The Provider is not obliged to accept the order and conclude the Contract with the Customer. This reservation shall be applied in particular to persons who do not meet the minimum age requirement under the provisions of Article 3 of these Terms and Conditions and/or have previously failed to fulfil their obligations in relation to the provision of the Services and/or have otherwise substantially violated the rights or legitimate interests of the Provider, its affiliates or these Terms and Conditions. In the event of non-acceptance of an order, where the Customer has already paid part or the entire amount of the price of the Services, such amount shall be transferred back to the bank account from which the amount was paid, within 10 working days from the date on which the Customer was notified by the Provider of the non-acceptance of the order or from the date on which the payment reached the Provider’s bank account, whichever is later.
Without delay after receiving the order and verifying the availability of the Service, the Provider shall confirm the receipt of the order to the Customer by email to the Customer’s email address specified in the order, together with detailed information on the terms and conditions of the Service and an electronic copy of the Agreement (PDF).
The Provider reserves the right that the Services presented on the Website may not always be available, especially with regard to the capacity of the Provider or with regard to the time limitation of the offer, or for other reasons that the Provider is not obliged to specify.
The contract is concluded by delivery of the Provider’s e-mail with confirmation (acceptance) of the Customer’s order to the Customer’s e-mail.
The Customer agrees to the use of remote means of communication when concluding the Contract. Costs incurred by the Customer in using remote means of communication in connection with the conclusion of the Contract (costs of internet connection, costs of telephone calls) shall be borne by the Customer.
By concluding the Contract, the Provider undertakes to provide the Services to the Customer within the scope set out in the Contract and the Customer undertakes to pay the Provider the price of the Services.
The subject matter of the Contract is exclusively the Services specified in the Contract, under the terms and conditions set out in the Contract and the GTC. No other services are subject to the Contract and the Provider is not obliged to provide any services to the Customer beyond the Contract.

Price and Payment Conditions

The price of the Services is governed by the price list in force at the time of conclusion of the Contract and available on the Website. The price of the Services shall remain valid for as long as it is displayed on the Website interface. This provision does not limit the possibility of concluding a Contract with the Customer on individually agreed terms.
In the event of an apparent technical error on the part of the Provider in quoting the price of the Service, the Provider shall not be obliged to deliver the Service to the Customer at a clearly erroneous price even if the Customer has received an order acceptance in accordance with Article 4.9 of these Terms and Conditions.
The Provider will notify the Customer if the price listed in the price list is no longer current. If the Customer does not agree with the price increase, the Provider has the right to withdraw from the Contract.
The prices in the price list include VAT, if applicable.
Payment of the price of the Services shall be made by the Customer through an online payment gateway by bank card. Online payments are provided by the payment gateway Stripe. The provider of the Stripe payment gateway service is Stripe, Inc., a licensed payment institution. Payments made through the payment gateway are fully secure and all information is encrypted. Additional information about payment gateway services is available on the Company’s website www.stripe.com.
The Customer acknowledges that in the case of a Service with a monthly subscription, the monthly price for the Service will be deducted through the payment gateway automatically each month. The Customer is entitled to terminate the subscription at any time directly in the Customer’s Stripe payment gateway account.
The Provider shall issue and send the invoice to the Customer’s email address specified in the order. The price shall be deemed to be paid on the date of crediting the relevant amount to the Provider’s account.
The Provider accepts payment of the price of the Services in USD. If the Customer makes payment for the Services in another currency, the paid funds will be converted and credited to the Provider’s account in USD according to the current terms and conditions and the Provider’s bank exchange rate.

After entering into a contract with the Customer, a personal profile of the Customer (hereinafter referred to as the “User Account“) will be created in the 3mavens – Everfit application (hereinafter referred to as the “Mobile App“). The terms of use of the Mobile App and information on the processing of personal data in connection with the use of the Mobile App are available on the website of the provider of the Mobile App Everfit Technologies, Inc.: www.everfit.io.
The Customer is obliged to provide all data entered by the Customer in connection with registration and after registration in the User Account truthfully, completely and correctly. The Customer shall update the User Account record upon any change of data. The information provided by the Customer in the User Account will be deemed correct.
The Provider is entitled to cancel the Customer’s User Account, especially if the Customer does not use his/her User Account for more than 1 year or if the Customer violates his/her contractual obligations, including these Terms and Conditions.
The Customer acknowledges that the User Account may be temporarily unavailable due to, inter alia, necessary maintenance of the hardware and software equipment of the Provider or third parties whose hardware and software equipment is used to access the User Account.
The purchased Services will be provided to the Customer by making available the digital content (training plans, demonstration videos, etc.) in the User Account and by providing online individual consultations by chat or video conference (according to the terms of the specific Service), through the Mobile App interface.
The digital content is provided to the Customer in the latest version available at the time of conclusion of the Agreement. Unless otherwise specified in the Service description, the Provider shall not provide updates to the digital content, except for updates that are necessary to keep the digital content free from defects for the period specified for the provision of the specific digital content. The digital content is provided in completely standard, commonly available formats (pdf or mp4, videos are usually distributed via YouTube or Vimeo, for online meetings the Provider uses Zoom or other similar platforms) and standard equipment (hardware with internet connection supporting the mentioned technologies) is sufficient for the use of the digital content.
The Customer shall send the Provider records of its training sessions, including audiovisual recordings, in accordance with the training plan, via chat in the Mobile App interface. The Customer acknowledges that if the Customer does not send the Provider recordings of its training sessions, it will not be possible to take into account the Customer’s progress in relation to the training plan when providing the Service.
The Provider reserves the right to provide the ordered Services only for the period specified in the description of the specific Service, where the said period runs from the delivery of the training plan to the User Account (hereinafter referred to as the “Training Program Period“). The Provider undertakes to deliver the training plan to the User Account without undue delay after its preparation, but no later than one month after the conclusion of the Contract with the Customer. In the event of the Provider’s need to extend the period of provision of the ordered Services, the Provider is entitled to unilaterally extend the period of provision of the Services.
The Provider reserves the right to change the persons who will provide the Service during the provision of the Services. The Provider shall notify the Customer of the change of persons who will provide the Services.
In the event that the ordered Services are not used in whole or in part for a reason on the part of the Customer, the Customer is not entitled to a refund of a proportionate part of the price for the unused Services.
Unless otherwise stated in the description of a specific Service on the Website or in the instructions sent by the Provider to the Customer, in the event of cancellation of an online individual consultation by videoconference (hereinafter referred to as “videoconference“) for reasons on the Customer’s side, the Provider shall be entitled to reimbursement of 100% of the price of the videoconference.
In the event of cancellation of a video consultation due to a reason on the Provider’s side after the Customer has already paid all or part of the price for such video consultation, the Provider undertakes to return the entire amount paid within 10 working days from the date of the Provider’s decision to cancel the video consultation, unless the Provider expressly agrees with the Customer to use the payment for the video consultation on an alternative date or on another solution. Unless otherwise agreed, the payment will be refunded in the same manner as it was received.
Clauses 6.11 and 6.12 above do not apply if the video consultation is already part of the basic Service package.
The Provider reserves the right to shorten the duration of the video consultation in case of late connection of the Customer to the video consultation for the amount of time by which the Customer was late.
The Provider provides the Services to the extent, in the manner and through the persons specified in the description on the Website and in these Terms and Conditions. The Provider shall not be liable for the Customer achieving specific results or obtaining personal benefit or other advantages after using the Services provided by the Provider. The Provider is expressly not liable for the success or results of the Customer in the application of procedures or the use of knowledge and advice that are part of the Services provided, since the success and results of the Customer are based on circumstances (personal characteristics and actions of the Customer, the influence of the environment, etc.) that the Provider cannot influence by its own actions.
Unless otherwise agreed, all correspondence related to the Contract must be delivered in writing, by email to the Provider’s contact email address, in person or by registered mail through a postal service provider (at the sender’s choice). The Customer shall be delivered to the e-mail address specified in his User Account.

Further Obligations of the Customer

The Customer is not entitled to provide access to the User Account or digital content made available to him by the Provider to third parties. Such conduct is a gross violation of the Customer’s contractual obligations and may be grounds for withdrawal from the Contract by the Provider.
The Customer is fully responsible for his/her health condition. Before starting to use the Services, the Customer should undergo an examination by a doctor (general examination, heart function, etc.) The Provider does not bear any liability for the health condition of the Customer.
The Customer acknowledges that the Services are not health services (health care) within the meaning of the relevant legislation, in particular Czech Act No. 372/2011 Coll., on Health Services, as amended, or specific health services within the meaning of Czech Act No. 373/2011 Coll., on Specific Health Services, as amended. If the Customer’s health condition requires a special dietary and exercise regime, the Customer is obliged to consult his/her doctor about the use of the Services and is obliged to inform the Provider of these facts.
The Provider shall not be liable for any injury caused by the Customer while using the Services, in particular the Provider shall not be liable for injuries caused by improper exercise methodology. The Customer shall not perform training in case of illness, injury, under the influence of alcohol, narcotics or drugs, etc.
The Customer shall be liable to the Provider for damages caused by the breach of the Customer’s contractual obligations.

Intellectual Property Rights

Unless otherwise stated, the Provider is the author and executor of the copyrights to the Services, the Websites and their individual components, if they have the character of a work of authorship (hereinafter referred to as the “Work of Authorship“).
The digital content provided as part of the Services is a copyrighted work, the author of which is the Provider or to which the Provider has a license right. The digital content is made available by the Provider only for the personal use of the Customer.
The Work of authorship and digital content are protected by copyright and may not be (in whole or in any part), whether in their original or modified form, redistributed, communicated, modified, copied in whole or in part, used for commercial purposes, published or made available for use by third parties without the prior express written consent of the author.
The Customer is not entitled to use the Work of authorship and/or digital content other than for its own use and for the purpose for which it was made available to the Customer. Use of the Work of authorship and/or digital content without the author’s consent or any other unauthorised interference with the rights in the Work of authorship or digital content is prohibited.
In the event of copyright infringement, the Provider is entitled to make the Work of authorship or digital content unavailable to the Customer and to claim compensation for damages incurred as a result of such infringement. Infringement of copyright is further punishable under the provisions of copyright and criminal laws.

Duration and Termination of the Contract

The Contract is always concluded for a definite period of time until the end of the Training Programme Period. If the Customer does not terminate further provision of the Services no later than on the last day of the Training Programme Period according to Article 9.2, the Contract will be automatically extended for the next period (for the period specified in the description of the specific Service). In the event of renewal of the Contract, payment of the price for the provision of the Service for the next period will be made automatically via the Stripe payment gateway.
In the event that the Customer is not interested in further provision of the Services after the Training Programme Period, the Customer may terminate the further provision of the Services no later than the last day of the Training Programme Period by cancelling the subscription in the Stripe Payment Gateway Account.
Withdrawal from the Contract

The Provider and the Customer are entitled to withdraw from the Contract for the reasons set out in the GTC and provided by the Civil Code.
The Customer is entitled to withdraw from the Contract according to the GTC in the following cases:

the Customer does not agree to change of persons who will provide the Services according to Article 6.9 of the GTC;
the proper use of the Service is impossible due to an irremediable defect according to Article 10.3 of the GTC.

The Provider is entitled to withdraw from the Contract according to the GTC in the following cases:

the Customer does not prove his/her age as described in Article 3.3 of the GTC;
the Customer does not agree to a change in the price of the Services as described in Article 5.3 of the GTC;
the Customer provides access to the User Account or Digital Content to third parties as described in Article 7.1 of the GTC.

The Provider is also entitled to withdraw from the contract in the event that:

it is not possible for objective reasons to provide the Service under the agreed conditions;
performance of the Services becomes objectively impossible or unlawful;
the Customer substantially breaches the Contract or these Terms and Conditions;
the Customer acts in an inappropriate, abusive or similar manner when using the Website or Services (e.g. during a video consultation or chat communication).

Withdrawal is effective upon delivery of notice to the other party.
The Provider shall return to the Customer all funds received from the Customer under the Contract within 14 days of the effective date of withdrawal from the Contract, in the same manner as the Customer provided them.
In the event of withdrawal from the Contract after the Provider has already commenced performance under the Contract, the Customer shall pay to the Provider a pro rata part of the price corresponding to the performance provided up to the moment of withdrawal from the Contract.

Withdrawal from the Contract by the Customer-Consumer

The Customer-Consumer may also withdraw from the Contract without giving any reason within 14 days from the date of its conclusion (order confirmation according to Article 4.11 of these GTC). Until the expiry of this period, the Services will not be provided to the Customer-Consumer unless the Customer expressly requests it.
If the Customer-Consumer has requested the commencement of the provision of the Services before the expiry of the statutory period for withdrawal from the Contract and the Provider has commenced the provision of the Services, the Customer shall pay to the Provider a pro rata part of the price corresponding to the performance provided up to the moment of withdrawal from the Contract.
The Customer-Consumer shall not have the right to withdraw from the Contract in the event that the Customer-Consumer has requested the commencement of the provision of the Services before the expiry of the statutory period for withdrawal from the Contract and the Provider has already provided the Services in full.
Furthermore, the Customer-Consumer shall not have the right to withdraw from the Contract in the event that the Customer-Consumer has requested the commencement of the provision of the Services before the expiry of the statutory withdrawal period in respect of digital content that is not provided on a tangible medium.
The right to withdraw from the Contract must be exercised with the Provider in the form of an unambiguous statement (e.g. a letter sent by post or e-mail). The Customer-Consumer may use the attached sample withdrawal form.
In order to comply with the deadline for withdrawal from the Contract, it is sufficient to send a notice of exercise of this right before the expiry of the relevant deadline.

Claims and Rights from Defective Performance

The Customer is entitled to exercise its rights from defective performance (claim) if the Services provided are defective. A Service is defective if it is provided in violation of the Contract, i.e. in particular the content of the Service does not correspond to the description, the Service is not provided by the person specified in the description of the Service or the provision of the Service does not last for the specified period of time (except in the cases specified in the Contract and the GTC). The Provider shall not be liable for the results of the Services provided. The Customer is also entitled to exercise rights from defective performance in the event of a fault in the digital content provided. The Provider shall only be liable for faults in the digital content that the digital content had when made available.
The Customer is obliged to claim a defect in the Service or digital content that is part of the Service without undue delay after he/she could have discovered the defect, but no later than 6 months after the provision of the Service or digital content. Notwithstanding the preceding sentence, the Customer-Consumer is entitled to claim a defect in the digital content within 24 months of its availability; the provisions of the first sentence shall apply to the Customer-Consumer without change to the claim for the Services.
In the event of a defect in the Service, the Customer may request the defect to be remedied or reasonable discounts from the price of the Service. If the defect cannot be remedied the Customer shall be entitled to claim a reasonable discount on the price of the Service. In the event that the Service cannot be used properly due to an irremediable defect, the Customer has the right to withdraw from the Contract.
The reasonable discount shall be determined as the difference between the value of the Service without defect and the Service with defect.
Defects shall be claimed by the Customer without undue delay after their discovery to the e-mail address: [email protected]. The Customer is obliged to indicate in the email what right he/she has chosen from the defective performance (remedy of the defect, discount, withdrawal from the Contract).
The Provider shall send the Customer a confirmation of receipt of the claim and shall settle the claim within 30 days of its receipt, unless the Customer and the Provider agree otherwise. The Provider shall carry out the relevant investigations, on the basis of which it shall evaluate the complaint as justified or unjustified. The Provider is obliged to notify the Customer of the outcome of the complaint procedure by the end of the deadline for handling the complaint. If the Provider evaluates the complaint as justified, it shall take action on its own account to remedy the undesirable condition and compensate the Customer. Compensation means, in particular, a new provision of the originally defective Services or a discount on the Services provided. If the Provider assesses the claim as unjustified, it shall inform the Customer thereof.
Otherwise, rights arising from defective performance are governed by the relevant generally binding legal regulations, in particular the provisions of § 1914 et seq. and § 2389a et seq. of the Civil Code and the relevant provisions of Czech Act No. 634/1995 Coll., on Consumer Protection, as amended.

By entering into the Contract, the Customer, in the case of a natural person, confirms that he has provided all his personal data voluntarily. All his/her rights under the applicable laws of the Czech Republic and Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as “GDPR“) are not affected by this provision.
In connection with the conclusion of the Contract, the Provider processes personal data provided by the Customer to the extent necessary for the conclusion and performance of the Contract or for the legitimate interests of the Provider. All information about the Customer is stored in accordance with the applicable laws of the Czech Republic and the GDPR.
The Customer is obliged to provide his/her personal data correctly and truthfully and is obliged to inform the Provider without undue delay of any change in his/her personal data.
The Provider fulfils its obligation to inform the Customer about the processing of personal data in accordance with Article 13 GDPR through a separate document published on the Website here: www.3mavens.com/privacy-policy.

Final Provisions

Unless otherwise arising in a particular case from mandatory provisions of law, all legal relations between the Provider and the Customer shall be governed by the laws of the Czech Republic, in particular the Civil Code.
Unless otherwise arising in a particular case from mandatory provisions of law, the applicable law for the resolution of all disputes that may arise from or in connection with the contract concluded with the Provider shall be the law of the Czech Republic, which shall also govern the Contract and the GTC.
If any provision of the Contract or the Terms and Conditions is or becomes invalid, ineffective, void or unenforceable, such other provision shall apply which shall be valid, effective and enforceable and whose meaning and purpose shall be as close as possible to the provision being replaced. This is without prejudice to the validity of the other provisions of the Contract and the Terms and Conditions.
These GTC are valid and effective from 1st July 2024. These GTC shall govern the rights and obligations arising between the Customer and the Provider from the date of their entry into force.

RS Tennis s.r.o.

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