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This Offer is an offer of the individual entrepreneur Khomytskyi Andrii Olehovych (EDRPOU: 3285311196), hereinafter referred to as the "Service", to enter into an agreement with you, a legally capable individual or legal entity, hereinafter referred to as the "User". The receipt of funds in full for the order of information material, course, template, training made by the User on the website https://onlinefitnessclub.com/, or the start of using information materials that are freely available, is the full and unconditional consent (acceptance) of the User to enter into a user agreement (hereinafter referred to as the "Agreement") on the following terms:
1.1. Website means an Internet site owned by the Service and located on the Internet at https://onlinefitnessclub.com/, including all its sections, pages, file structure and any other structural elements, content, information materials, source and object code, design, graphics, audiovisual works, photographs.
1.2. Infomaterial is an informational and educational audio, video or textual material posted (broadcast) by the Service on the Website. In particular, infomaterials include webinars, podcasts, booklets, books, presentations, assignments, workshops, audio, video, or text course recordings, as well as website templates.
1.3. Access services are services for providing access to information material or a course by organizing its reproduction and viewing on the website through the User's browser without the possibility of saving it to the User's computer.
1.4. Information services - standard services of the service provided to all Users during their participation in the course (training), for example, checking the completion of tasks, trainer's answers to Users' questions, etc.
1.5. Additional Services are the services of the Service provided to the User during his participation in the course (training) depending on the package purchased by the User. Within the course, there may be several packages of Additional Services that differ in the set of Additional Services and cost.
1.6. Services - access services, information services, additional services.
1.7. Course - an information complex that includes various information materials posted on the website, provided by means of electronic communication (e-mail, telegram, instagram, etc.). If it is specified in the announcement, the course may also include services - conducted with the participation of the Trainer(s).
1.8. Trainer is defined by the service of the specialist(s) who conducts the course.
1.9. Announcement - information about a course, information material, physical media placed on the website on one or more web pages.
2.1. After full receipt of payment from the User, within the limits and on the terms specified in the announcement, the Service undertakes to: - provide the User with access to information materials and (or) information services and (or) additional services.
2.2. The relevant announcement shall specify the essential terms and conditions, including: - for a course - a brief content (program), time and conditions of its conduct; availability and set of information services and/or Additional Services; terms during which the services are provided; cost of services; - for an Information Material - a brief description or content; term during which the access service is provided (if any); cost of the access service.
3.1. From the moment of full payment for access to the Course, the User receives a hyperlink that leads to the section of the Site closed from public access, where the User has personal access to the paid information materials or the Course during the period of access services.
3.2. The User shall independently ensure the installation, configuration and use of hardware and software necessary to obtain access services, as well as to perform tasks (if any).
3.3. The Service shall have the right to make the Information Materials or courses available for free (free of charge) and to terminate free (free of charge) access to them at its sole discretion.
4.1 From the moment of full payment for the information and/or Additional Services, the User has the right to take part in the course, the terms of which are specified in the relevant announcement, without the right to transfer to a third party.
4.2. The Service has the right to unilaterally change the time, platform of the course, including intermediate terms within the course, by notifying the User at least 3 (three) business days in advance.
4.3. The Service has the right to unilaterally replace the Coach(s).
4.4. The User bears the risk of participating in the course. If the User does not participate in the course or in its intermediate stages, the Service does not refund the cost of services or grant the right to participate in another course, or is at the discretion of the Service. Transfer of access rights to the Course to another user is not provided.
4.5. During the course, the User undertakes to follow all instructions and instructions of the Service (the Coach), to comply with the discipline and rules established by the Service for the course, not to interfere with the Service (the Coach) in conducting the course. In the event of such violations, the Service (the Trainer) has the right to suspend the User from participating in the course or terminate the User's participation in the course.
4.6. Information services, additional services are considered to be provided upon completion of the last module, course element completed by the User within the course.
5.1. The User undertakes to pay the service the course price specified in the announcement on the terms of full prepayment.
5.2. The procedure for transferring funds, as well as other payment terms, are determined on the Website, as well as stipulated by the rules of third-party payment systems.
5.3. The cost of the course and the Information Material may be changed by the Service unilaterally.
5.4. The Course, the Infomaterial shall be considered paid by the User from the moment the Service receives information from the payment system used for their payment about the successful completion of the transaction in favor of the Service in full.
5.5. The User shall bear all expenses for the transfer of funds, including commissions of banks, payment systems, payment aggregators.
5.6. The User undertakes to keep all documents confirming the payment until the funds are credited to the Service balance.
5.7. The User shall be responsible for payment of all taxes, fees, charges related to the order, delivery and purchase of the course, in respect of which he/she is a payer in accordance with the tax, customs or other legislation applicable to him/her.
6.1. The User warrants that the ordered goods are used by the User in connection with the conduct of his/her business activities. The Courses and Information Materials are not intended and may not be used for personal, family, home or other use.
6.2. The cost of the Course is not refundable (in full or in part) to the User (including in case of removal of the User from the Course), except when the Course was not conducted through the fault of the Service. The Service, at its sole discretion, has the right to make a full or partial refund of the cost of information services and (or) Additional Services on an individual basis if the course provided for the possibility of achieving a certain result by the User, and the User, after passing all stages, positive and timely completion of intermediate and final tasks, did not achieve such a result. In this case, the User has the right to apply to the Service within 14 (fourteen) calendar days from the date of completion of the course with a reasoned request to refund the cost of the training course, executed in the form of a written application for a refund and sent to the Service by registered mail with notification with a document confirming the fact of failure to achieve a certain result.
6.3. The announcement may indicate a different procedure for refunding the cost of services that differs from that provided for in clause 6.2 of the Agreement.
6.4. The Service does not guarantee any production, marketing, financial or other results from the use by the User of the information contained in the Information Materials, Courses or received from the Coach.
7.1. The Service owns the rights to use or exclusive rights to the intellectual property objects used in the Information Materials and Courses. The User is granted the right to use such intellectual property only to the extent necessary to gain access to information materials or courses (clause 1.3 and SECTION 3 of the Agreement) or to receive information and (or) Additional Services during the course. If the Service provides the possibility of copying (saving) the Information Material posted on the Website, the User has the right to reproduce it on the User's technical means.
7.2. Distribution (free of charge or for a fee), printing, reproduction, processing and modification of the Information Materials or information received during the courses, as well as any other actions with the Information Materials or any part thereof are not allowed.
8.1. All information requested by the Service from the User shall be used solely for the purpose of providing the User with all course materials and selling physical media, as well as concluding and executing the Agreement.
8.2. The User expresses his/her consent to the Service to process his/her personal data, as well as any other information provided by the User, both with the use of automation tools and without the use of such tools for the purposes specified in clause 8.1 of the Agreement, as well as for the purposes of marketing research and promotion of the Service products, from the date of this consent to the date that occurs 5 (five) years after the date of termination of the Parties' obligations under the Agreement, with the possibility of withdrawing such consent on the basis of a written application of the User.
8.3. The User gives his/her consent to the Service to send periodic notifications, newsletters and other information and advertising materials to the User by e-mail, phone number or using other contact information and means of communication provided by the User of the Service.
9.1. In case of non-fulfillment or improper fulfillment of obligations under the Agreement, the Service shall be liable for actual (direct) losses incurred by the User. In this case, the Service's liability is limited to the amount received by it as payment for the course purchased by the User.
9.2. The Service is not responsible for the Information Materials that are available on the Website in open (free) access.
9.3. The Service shall not be liable for any damages arising from the use by the User of the information contained on the Website in his/her practical activities, as well as received during the User's participation in the course.
9.4. The Parties have established a claim-based pre-trial procedure for the settlement of disagreements and disputes. The claim shall be sent in writing by registered mail with notification. The term for responding to the claim is thirty (30) calendar days from the date of receipt of the claim by the other party.
9.5. In case of failure to receive a response to a claim within the time period specified in clause
9.6 The term of the Agreement or failure of the Parties to reach a mutually acceptable solution, the dispute shall be referred to the court in accordance with the rules of jurisdiction determined by the legislation of Ukraine at the location of the Service.
10.1. The Service has the right to make changes and (or) additions to the Agreement at any time. The Service shall notify the User thereof by posting the relevant information in one or more ways (at the option of the Service) by: - posting a relevant message on the Website; - sending a message to the User's e-mail address or phone number.
10.2. Any changes and (or) amendments to the Agreement shall be applied by the Service from the moment they come into force, as determined by the Service, and shall apply to all Users, including those who entered into the Agreement before the date of entry into force of such changes and (or) amendments.
10.3. The Service has the right to unilaterally withdraw from the Agreement: - at any time upon fulfillment of all its existing obligations to the User; - in cases specified in clauses 4.5, 4.6 of the Agreement; - in case of violation of the terms of the Agreement or applicable law by the User. In the event of a unilateral refusal of the Service, Section 6 of the Refund Agreement shall not apply, and the course provided under the Agreement shall be deemed to be provided by the Service in full.
11.1. In all matters not regulated by the Agreement, the parties shall be governed by the laws of Ukraine.
11.2. All notices, instructions, communications, consents, documents and other communications in connection with the execution of the Agreement must come from the user personally or from authorized persons of the user or the service and may be sent by means of telephone, e-mail or other electronic means of communication that allow identifying the sender, recipient, time of sending and receiving, as well as storing and confirming the history of correspondence, unless otherwise expressly provided for by the Agreement or the law
11.3. The rights and obligations under the Agreement may not be transferred by the User to a third party without the prior consent of the Service.
11.4. If this Agreement is concluded on behalf of a legal entity, then by accepting the Offer, the User confirms and warrants that the acceptance is made by a duly authorized representative of the User.
If you have any questions, please contact us in any convenient way:
E-mail: khomytskyipro@gmail.com
Phone: +380505554567
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