Terms – Learn Calisthenics

TERMS & CONDITIONS
CALIATHLETICS
https://learncalisthenics.fit

 

GENERAL PROVISIONS

1. These Terms and Conditions (“Agreement”) specify the general conditions, ways of provision of services electronically and selling programs via the Online Service https://learncalisthenics.fit/. 
2. These Terms and Conditions are always available at the website https://learncalisthenics.fit ,which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
3. The Agreement governs your use of our service, which allows consumers like you to purchase high-quality programs.
4. You are responsible for obtaining Internet access and a compatible, Internet-connected device to purchase our programs. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection. The Online service may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Opera, enabling cookies and JavaScript in the web browser.
5. In using our Service, you will not:
1) scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the LearnCalisthenics Service or any source code therein;
2) attempt to circumvent any technical measures (including digital rights management) that we may employ;
3) take any measures to interfere with or damage LearnCalisthenics Service;
4) use the LearnCalisthenics Service to transmit tortious, unlawful, infringing, and otherwise objectionable content;
5) spam or harass LearnCalisthenics or any other user;
6) use any fraudulent, deceptive, or misleading practices;
7) engage in any commercial activities except as permitted by us; or
8) engage in any illegal activities.

ACCOUNT REGISTRATION
1. Certain features of the website https://LearnCalisthenics.fit/ require registration. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy.
2. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify LearnCalisthenics of any unauthorized use of your password or account or any other breach of security.
3. You may terminate this agreement at any time by deleting your account(s). We reserve the right to terminate your account or restrict access to your account for any reason, including your breach of this Agreement.

ORDERS
1. We offer lifetime access to our products (programs).
2. To place an Order for our products (programs), an active electronic mail account is required. If the Order is placed via the Order form available on the Online Service website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude the service agreement (programs) being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Service Agreement shall be concluded.
3. The service agreement (programs) shall be concluded in English.
4. Order can be placed 24 hours a day, 7 days a week.
5. Online Service will begin order completion after the Order is successfully placed and payment due for the Order is made.
6. We reserve the right to cancel any order for any programs for any reason.

PRICES /PAYMENTS
1. The prices for products (programs) are provided in USD. We may apply taxes, including VAT (value-added tax), to any charges.
2. We may change the price of our Services from time to time and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will provide you with advance notice of changes in recurring fees
3. If you purchase any programs through our Service, you will be required to provide us information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument.
4. To make a purchase, you must provide a valid payment method.
5. Online payments are processed by PayPal, ( PayPal (Europe) S.à r.l. & Cie, S.C.A., 5. Etage, 22-24 Boulevard Royal, 2449 Luxembourg ).
6. When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
7. When making a payment via an electronic payment operator, the User should follow the instructions given by the operator of electronic payments in order to make a payment.

COMPLAINTS

1. The Seller shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the electronic mail address: customerservice@LearnCalisthenics.fit
3. The Seller undertakes to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
4. The Customer who is a Consumer has, among others, the following possibilities to use the out-of-court ways of settling complaints and pursuing claims:
a) he has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Service Agreement;
5. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
6. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU”s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.

PRIVACY

1. Personal data in the Online Service shall be processed by the Controller in accordance with the binding legal regulations, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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).
2. The Customer’s personal data may be processed in order to implement the Service Agreement, the correct implementation of services provided electronically and to keep the Customer informed about the services provided by the Controller .
3. The Controller applies appropriate technical and organizational measures to ensure the protection of personal data being processed.
4. Additional explanations regarding the protection of personal data are contained in the “Privacy Policy”.

LICENSES AND INTELLECTUAL PROPERTY

1. All and any rights of the Online Service, including economic copyrights, intellectual property rights to its name, internet domain, the Online Service website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
2. License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes.
3. You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by the applicable Producer.
4. Subject to the terms hereof LearnCalisthenics grants you permission to use the Service, for the purpose of purchasing and viewing Programs for your personal entertainment. All rights not expressly granted by Caliathletics are reserved.
5. Your Content: To the extent that you submit any content to LearnCalisthenics, you grant LearnCalisthenics an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. If you provide any feedback about improving LearnCalisthenics, we will have the right to use your feedback without compensation to you. You represent and warrant that any content you submit to LearnCalisthenics does not, and will not, violate any law or any third party’s rights, including any intellectual property rights.

DISCLAIMERS

1. Your use of our service is at your own risks.
2. Except as required by applicable law, no warranties of any kind, either express or implied.
3. LearnCalisthenics disclaim all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
4. The Nutrition Guide constitutes general advice, and is not a substitute for specific, personal advice from a medical or nutritional professional. No part of the Guide should be used without first consulting with your doctor.
5. If a recipe that is provided in the Guide contains ingredients that you are allergic to, please do not use those ingredients.
6. All results and testimonials shown in the Guide are real, but results are not guaranteed, and individual results may vary.
7. LearnCalisthenics assumes no liability if you do not achieve the results you expected.

INDEMNIFICATION

1. You shall indemnify, defend, and hold harmless from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Program; (ii) your breach of this Agreement or violation of any law or third party right; or (iii) any content that you upload or submit to us.

FORCE MAJEURE

1. Neither Party can be held liable for the non-performance of any of its obligations, if such non-performance is due to an unforeseeable event beyond its control or a force majeure incident including but not limited to flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than five (5) business days after said event occurs.
2. The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.

FINAL PROVISIONS

1. These Terms & Conditions will be governed by the law of the Republic of Poland, without regard to its conflict of law provisions.
2. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in UE..
3. The matters not provided for in these Terms & Conditions shall be governed by Polish law and UE law.
4. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Service presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.
5. Headings are provided for convenience and shall not be used to construe the terms hereof.

Contact Us: If you have any support questions, please contact us at customerservice@LearnCalisthenics.fit . 

 

Company: ImpossibleCalisthenics Sp. z o.o.

Os. tysiaclecia 18/68 31-606 Krakow

Tax ID: 6783193922

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