Terms of service of filipdroszcz.com
§1 General issues
- These Regulations set out the rules for the use of the website located at the Internet address https://filipdroszcz.com (hereinafter also referred to as the “Service”), run by FILIP DROSZCZ conducting a sole proprietorship with its registered office at Klonowa 7/6, 25-538 Kielce, POLAND, NIP: 9592046057, Regon: 389898063, registered in CEIDG, e-mail: firstname.lastname@example.org
- Before using the Website, everyone is obliged to read the Regulations. Use of the Service is possible subject to acceptance of the Regulations.
The terms used in these Regulations shall mean:
1) Administrator – the entity managing and operating the website under the name “filipdroszcz.com” (located at the Internet address filipdroszcz.com and its expansions), which is FILIP DROSZCZ conducting a sole proprietorship with registered office at Klonowa 7/6, 25-538 Kielce, POLAND, NIP: 9592046057, Regon: 389898063, registered in CEIDG, e-mail: email@example.com;
2) Class Calendar – a schedule available on the Client’s Account with available classes allowing the Client to sign up for selected ones.
3) Pass – a subscription that entitles the Customer to attend Group Classes at a frequency depending on the Pass variant;
4) Customer Account – the Customer’s network space created as a result of the Customer’s registration in accordance with the provisions of the Terms and Conditions, which the Customer may use provided that he/she remains logged into it;
5) Materials – all digital content controlled and made available (at the following web address: https://filipdroszcz.com or its extensions) by the Administrator in any form and combination, in particular audiovisual, text, graphic, photographic and audio materials, regardless of whether they constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights (i.e. Journal of Laws of 2021, item 1062, as amended). Access to certain Materials is granted to the Client as a result of the Client’s conclusion of an Agreement with the Administrator for the Services of the Site.
6) Service – one of the services offered on the Service (i.e. Group Classes, Workshops, Online Program, Private Intensive Class Series, Individual Classes, online courses);
7) Access Period – a specified period of time during which the Customer is entitled to use the Service;
8) Workshop – non-scheduled onsite classes held upon prior announcement by the Administrator, at the time and place designated by him in the announcement posted on the Service.
§3 Description of the service
- FilipDroszcz.com is a website that provides online movement courses and classes. The service also serves as a platform for (i) purchasing Passes and enrolling in Group Classes, (ii) enrolling and redeeming participation in Workshops, or (iii) Private Intensive Classes.
§4 Creating an Account
- In order to use one of the Services of the Site, it is required to first create a Customer Account.
- In order to establish a Customer Account, registration must be performed, at which the Customer is required to provide:
- first and last name;
- telephone number;
- e-mail address;
- country of residence;
- anonymized user name;
- creation of a password for the Customer Account.
§5 Conclusion of Agreement
- The Services are provided to the Customer on the basis of an Agreement concluded between the Administrator and the Customer, under the terms and conditions specified in these Regulations.
- The Agreement is concluded by means of remote communication in electronic form.
- The Agreement is concluded by selecting one or more Services offered on the Site and then making payment.
- The Administrator provides the Client with a confirmation of the conclusion of the Agreement at a distance on a durable medium via e-mail, as well as consent to the delivery of digital content in circumstances that cause the Client to lose the right to withdraw from the Agreement. A separate confirmation is not sent in case of subscription renewal.
- Activation of the Services is carried out by the Administrator after the conclusion of the Agreement and the express consent of the Customer to the performance before the expiration of the deadline for withdrawal from the Agreement, in accordance with its terms for a period of one month.
- If the Client does not expressly agree to the performance before the expiration of the deadline for withdrawal from the Agreement, the Activation of the Services is performed after a period of 14 days from the conclusion of the Agreement, due to the nature of the Services provided.
- The Administrator has the right to block access to the Service or terminate the Agreement with immediate effect, if the Client uses the Service or the Website in violation of the Terms and Conditions or applicable laws, after calling the Client to cease violations and the expiration of the set period without effect.
§6 Payment and Subscription Renewal
- The Customer is obliged to pay the Service Fees in a timely manner.
- The amount of the Service Fee is specified in its description on the Site (along with available variants) and is available prior to placing an Order.
- Payment for a Service ordered on the Site may be made electronically, in the manner selected by the Client, from among the available payment methods specified on the Site. The execution of payments, including electronic payments, is carried out by the operators of these payments according to the terms and conditions specified by them. The payment methods available on the Site are:
1) Stripe Payment Operator
- The Customer is required to pay the Fee in advance.
- A minimum of 3 days prior to the expiration of the Access Period, the Customer will be informed on the Customer’s Account page and/or via email about the impending end of the Service and the terms and manner of its renewal.
- If the Customer selects automatic card payment via Stripe Payment Provider, the Customer will receive access to the selected Service, renewed automatically every month for successive monthly periods for an indefinite period, until the Customer cancels the Service or the Service is deactivated by the Administrator. The condition is that the Customer agrees to automatically charge his/her credit or debit card multiple times, or meet other conditions required for the use of the recurring means of payment offered through the Service (automatic card payment by the Stripe Payment Provider).
- The Customer may cancel the renewal of the Service for subsequent periods at any time by logging into his/her Customer Account on filipdroszcz.com and submitting the cancellation of the Service for subsequent periods, in accordance with the instructions on the Service.
- The Administrator reserves the right to deactivate the Service, in the event of a change in the offer, of which Customers will be notified via the e-mail indicated when creating a Customer Account on the Service in advance. In such a case, the Service will not be renewed and Fees will not be charged in subsequent periods. In the case of automatic collection of the Fees for a subsequent period in which the Service is not available, the Fees will be refunded to the Customer using the form through which they were collected, and if the refund in this form proves impossible, they will be refunded in another form indicated by the Customer.
- If automatic card payment is selected by the Stripe Payment Provider, the Service Access Fees will be charged automatically, on a monthly recurring basis, by debiting a credit or debit card or using another method of recurring payment indicated with the Order. If you are unable to collect the Fees for the next Service Access Period, an attempt to collect the Fees may be repeated consecutively 3 times for 7 days. If all attempts prove unsuccessful, in subsequent periods the Package will not be renewed and Fees will not be collected and the Service will not be provided.
- If you choose a payment method other than automatic card payment through the Stripe Payment Provider, renewal of the Access Period shall be made by paying the Fees using the payment methods specified in paragraph 3. Failure to pay the Fees by the due date shall result in non-renewal of the Access Period.
- The day on which the payment is made shall be considered the day on which the bank account indicated by the Administrator is credited.
§7 Withdrawal from the Agreement
- The Client may, within 14 days from the date of conclusion of the Agreement, withdraw from the Agreement without giving any reason and without incurring costs, by submitting to the Administrator a statement of withdrawal from the Agreement by sending a letter to the address: Klonowa 7/6 Street, 25-538 Kielce, POLAND, or by e-mail to firstname.lastname@example.org. To meet the deadline it is sufficient to send the statement before its expiration. The statement can also be made on the form, the model of which is attached as Appendix No. 2 to the Act of May 30, 2014 on Consumer Rights. In the event of withdrawal from the Contract, the Contract shall be considered not concluded.
- The right of withdrawal does not apply in the cases specified in Article 38 of the Act of May 30, 2014 on consumer rights, including in the case when the performance began with the express consent of the consumer before the expiration of the deadline for withdrawal from the Agreement and after informing him of the loss of the right to withdraw from the Agreement, and in the case of services related to sports events provided.
- Participation in the Workshop is possible after selecting the option in the Service and paying the Fee, the price of which is marked in the announcement. The number of places for participation in the Workshop is limited.
- The Workshop participation fee is a one-time payment.
- During the Workshop, the Customer is obliged to follow the instructions of the Workshop leader
- By joining the Workshop, the Client declares that his/her health condition allows him/her to perform physical activity.
- Refund of the Fee is possible up to two weeks before the beginning of the Workshop.
§10 Online Program (online coaching)
- A six-month program consisting of practical and theoretical assignments. It is divided into six monthly cycles, within which the possibility of obtaining the next cycle is possible after completing the tasks from the previous cycle and returning them in written or video form.
- Gaining access to the Online Program is possible by purchasing it through the Service.
- The price of the Online Program is specified in the Service.
- The tasks within the cycle are made available in the form of a pdf document.
- By joining the Online Program, the Customer declares that his/her health condition allows him/her to perform physical activity.
§12 Individual Classes
- Individual Classes are one-time meetings at a place and time agreed upon with the Client, also possible online.
- Payment for Individual Classes is made through the Service.
- Upon payment of the Fee by the Client, the date and place of the Individual Classes are agreed upon.
§13 Online Course
- Movement courses taking place fully online consisting of making the Materials available through the Service.
- Online Courses are offered in the form of Packages, which include Materials according to the specifications on the Service.
- The Access period for each Online Course is one year.
- Access to each Online Course is granted upon payment of the Fee.
§14 Hardware Requirements
The Customer’s ability to enter into the Agreement and use the Service is subject to the Customer’s use for these purposes of a computer that has access to the Internet and that meets the technical requirements described below:
- Mozilla Firefox;
- Google Chrome;
- Microsoft Edge;
- Apple Safari, if the version is higher than 10.0;
- The Materials are subject to legal protection, in particular under the Act on Copyright and Related Rights, as well as regulations on the protection of databases.
- Copyrights and related rights to the Materials are held by FILIP DROSZCZ running a sole proprietorship based at Klonowa 7/6, 25-538 Kielce, POLAND, NIP: 9592046057, Regon: 389898063, registered in CEIDG,
- The Client is entitled to use the Services only for his/her own personal use
- Further distribution, fixation, copying, permanent reproduction or any other form of interference by the Client with the Materials, which would be contrary to the law or the provisions of the Terms and Conditions, is prohibited and may result in civil and criminal liability.
- The Client is not authorized to make the Services or elements thereof available to the public or commercially in any form.
§16 Consent to share image
- The Client, by joining the Service, may consent to the use and sharing of his/her image.
- Consent is given in writing on a form provided by the Administrator or the instructor prior to the start of classes held on a stationary basis.
- Consent is voluntary and may be withdrawn at any time.
- This paragraph does not apply to Services provided fully online, as the image is not obtained, used, or shared in any way as part of these Services.
- Neither the Administrator nor the class instructor shall take responsibility for the Client’s incorrect performance of exercises and their consequences.
- The Client performing exercises on his own, without supervision of the administrator or class instructor, performs them at his own risk.
- By joining the exercises and performing the tasks, the Client declares that his/her health condition allows him/her to perform physical activity.
- The proposed solutions and exercises within the Services do not constitute a medical diagnosis. If there are any health problems, the Client should consult a doctor before joining the activities and performing exercises.
- The Client is obliged to inform the Administrator and the instructor of any contraindications to the type of exercise, in particular diagnosed diseases, pregnancy, past injuries.
- Customers suffering from diabetic conditions, heart disease, low or high blood pressure or during pregnancy should consult a doctor before using the Services and participate in classes and perform exercises with extreme caution, following the doctor’s recommendations and the current state of health.
- The Administrator is also not responsible for items left in the locker rooms and changing rooms by Clients at the locations of classes and Workshops.
- In case of non-performance or improper performance of the Service by the Administrator or incorrect calculation of the amount due for the provision of the Service, the Customer has the right to file a complaint.
- Complaints may be submitted by the Customer in writing to the correspondence address of the Administrator, electronically to email@example.com.
- In a complaint, the Client should indicate the subject of the complaint, as well as the circumstances justifying the complaint and provide data enabling contact with the Client (e.g.: name, mailing address, contact telephone number or e-mail address). The Administrator may ask the Customer to provide additional information necessary to properly consider the complaint.
- Complaints will be considered by the Administrator immediately, within no more than 30 days of receipt of the complaint.
- Failure to respond to a complaint within 30 days from the date of its receipt shall be considered as its recognition.
- In a situation where the complaint does not contain data enabling contact with the Customer, the Administrator is entitled to leave the complaint unanswered. In this case, the lack of a response does not mean recognition of the complaint.
- A Customer who has entered into an Agreement with the Administrator as a consumer, i.e. a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity, may use the out-of-court possibility of resolving disputes electronically through the European Union ODR online platform for filing complaints and pursuing claims related to the indicated Agreement, which European Union ODR platform can be found at: http://ec.europa.eu/consumers/odr/.
§19 Final provisions
- The Terms and Conditions of the Service enter into force on 01.07.2022.
- The Terms and Conditions are made available via the Service free of charge prior to the conclusion of the Agreement and at the Client’s every request, in a form that allows the Client to download, record and print the Terms and Conditions.
- The Regulations may be subject to changes, in case of changes in the law or in the terms and conditions of the Service. Any changes to the Terms and Conditions will be communicated to the Customers by e-mail and by publishing them on the Service, including at filipdroszcz.com. If the Client does not accept changes to the Terms and Conditions, he/she is entitled to terminate the Agreement without notice, no later than 14 days after being informed of the change.
- In matters not regulated by the Regulations, the provisions of applicable law shall apply.