1.1. These General Terms and Conditions (hereinafter referred to as the "Business Terms") govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the contractual parties as set out below. They are valid for all fitness services, in particular training, marketing and advertising provided by the Provider Martina Marková, as well as for individual fitness services sold or provided in the name and on behalf of the Provider (hereinafter referred to as the „Services“), unless otherwise specified by the Special Conditions or the Agreement.
Parties to the contractual relationship
2.1. Participants in the contractual relationship are:
- natural person Martina Marková with registered office in Mladá Boleslav, ID: 054 81 465, registered at the Mladá Boleslav Trade Licensing Office (hereinafter referred to as the "Provider")
- a client, who may be any natural person over 18 years of age (hereinafter referred to as the "Client") (if the Client did not reach the age of 18, he / she may be a party to the contractual relationship only with the consent of the Client's statutory representative)
Defining key terms
3.1. For the purposes of these Terms and Conditions, the following definitions apply:
- Client – a natural person who enters into a Contract for the provision of services with the Provider
- Provider – Martina Marková or other authorized person
- Client's Legal Representative – a person authorized to act in the name and on behalf of the Client
- Services – a comprehensive package including, but not limited to, a training plan, instructional videos, regular weekly challenges - tasks, a wide range of prescriptions including calories receipts, a 15% discount on food supplements from PROM - IN, access to the community section.
Subject matter of the contract
4.1. These Business Terms and Conditions govern the mutual rights and obligations of the parties arising out of or in connection with a service contract (the "Service Agreement") concluded between the Provider and the Client via the Provider's website or through other media operated by the Provider or by personal agreement through the Provider or the Provider's representative. The Provider's website is operated by the Provider at www.bodyhunters.cz through the web interface.
4.2. They further regulate the reciprocal rights and obligations of the parties, particularly in the provision of Services, tailor-made meals, tailor-made training, any fitness support, or any individual requirements as per the wishes of the Client.
Formation of Contractual relationship
5.1. The contractual relationship between the Provider and the Client arises from the Service Agreement or the Registration Agreement made at www.bodyhunters.cz through the web interface.
5.2. Properly filled in registration starts with Every Newly Registered Client to run a 14-day period for the use of the Services. Within this period, the Client is not entitled to receive discounts from PROM-IN.
6.1. Based on the Client's registration made on the website, buyer can access his user interface. From Client's User Interface, Customer may order Services (hereinafter referred to as the "User Account").
6.2. Access to the User account is secured by user name and password. The Client is required to maintain confidentiality regarding the information necessary to access his user account and prevent his use by a third party and acknowledges that the Provider is not responsible for the consequences of the breach of this obligation by the Client.
6.3. The Provider is entitled to cancel the User Account, in particular when the Client does not use his user account for more than 100 days or in the event that the Client breaches his obligations under the Service Agreement (including business terms).
6.4. By entering the Provider's registration system and initiating the registration in order to create a client account, the client communicates his personal data, ie his / her first name, surname, email, gender, age, weight and height, at the same time agrees to their processing by the provider's registration system. By creating a client account, the client agrees with the processing of his or her personal data by the provider for the purpose of properly providing on-line exercise services live, including the first name, surname, year of birth, and email. Client identification is carried out within the registration system so that the provider can provide on-line training services live in the required range and quality. Personal data will be processed by the Provider within the meaning of Section 4 e) of Act 101/2000 Coll., on the Protection of Personal Data, as amended, in order to provide on-line training services live.
6.5. The Client is obliged to present his or her personal data truthfully and to inform the Provider of any changes they might make when registering, in his / her User Account, and using this User Account primarily for the purpose of issuing a tax document.
6.6. The Provider is obliged to process or otherwise dispose of personal data of the Client in accordance with Act No. 101/2000 Coll., On Personal Data Protection, as amended, and in compliance with these conditions, to observe all control and security measures in order to protect personal data, including especially Regulation EU 2016/679, which is describe in The standards of protection of personal data.
Pricing and payment terms
7.1. The Client has the right to use the Services free of charge for 14 days after the registration has been properly registered (hereinafter referred to as the "Trial Period"). The Client may, during this Trial Period or after the expiration of the Trial Period, choose the duration of the Service's full duration.
7.2. The price for the Services is stated and paid in the Czech currency, ie the Czech crown (CZK).
7.3. The price for the Services is listed on the web interface, including the legal value added tax.
7.4. The Client is obliged to pay the price for the Services before they are provided in one of the following ways:
- cashless transfer by bank transfer or by depositing funds on the account of Provider No. 2001322027/2010 IBAN: CZ9220100000002001322027 kept at Fio bank with the Client signing the registration number as the variable symbol,
- cashless payment by debit or credit card.
7.5. The payment of the price is considered to be the day of payment by a debit card or the date of payment to the Provider's account.
7.6. The tax document will be issued in the Czech language.
7.7. The Provider provides the Client only with Services without any accessories or equipment (eg fitness machines, dumbbells, etc.). The Client is obliged to obtain this at his own expense.
Other rights and obligations of the parties
8.1. By entering into the Service Agreement, the Client declares that he is using the Provider's Services on his own responsibility and at his own risk. He agrees with all the security rules and instructions of the Provider, which he is obliged to follow.
8.2. The client is always required to use the services only in good health condition, without any health problems. For health problems within the meaning of these terms and conditions are considered, in particular, but not exclusively:
- cardiovascular diseases,
- pulmonary or breathing problems (including asthma)
- spinal problems or joint problems,
- nervous-muscular disease,
- surgical procedures,
- allergic reactions,
- any other health problems.
8.3. In case of doubts about the health of the Client, he is obliged to make a confirmation of his / her current health condition at his own expense.
8.4. Furthermore, the Client is obliged to notify the Provider of any medication that in any way restricts his / her health condition.
8.5. For the provision of the Services, especially in the field of nutrition, in the highest quality, the Client is obliged to inform the Provider about any of his allergic reactions, as well as any content or component that could cause a deterioration of the health condition to the Client.
8.6. The Client acknowledges the physical and psychological difficulty and strenuousness of the Services provided, and is therefore required to exercise caution in any unusual changes in his / her health condition.
8.7. The Provider does not provide any medical or health services, as well as medical or health recommendations, examinations or treatments.
8.8. The client acknowledges that nutrition counseling is a constantly evolving industry particularly, but not exclusively in relation to health science, nutritional science and sports science. The Provider is not responsible for the untested or unknown novelties in this area.
8.9. Misuse of the Provider's services for the purpose of the Client's own business activities or purposes is expressly prohibited. In the event of breach of such an obligation, the Contracting Parties shall contract a penalty amounting to 500.000,- Kč. The claim of the Provider for damages shall not be affected thereby.
8.10. The user account of the Client is non-transferable. It is expressly prohibited to provide the contents of a package to any third party. In the event of breach of such an obligation, the Contracting Parties shall contract a penalty amounting to 500.000,- Kč. The claim of the Provider for damages shall not be affected thereby.
8.11. The Provider does not bear any responsibility for the health status of the registered client and is also not responsible for the injuries that the registered client will cause as a result of exercises according to the training lessons on the website www.bodyhunters.cz.
9.1. The Provider is the owner of the BodyHunters.com Portal.
9.2. The BodyHunters.com Portal is an author's work within the meaning of Act No. 121/2000 Coll., Copyright Act, as amended. The Provider carries out all property rights relating to the BodyHunters.com Portal.
9.3. Content of BodyHunters.com cannot be stored, edited, disseminated or otherwise exploited by the BodyHunters.com unless the Provider has given such consent in advance.
10.1. The Provider reserves the right to unilaterally change the General Business Terms of the Registration System. The client is subject to the general business terms and conditions applicable at the time of registering into the on-line training system.
10.2. The law applicable to resolving any disputes that may arise from the Service Agreement or the Individual Service Agreement of these Terms of Business or in connection with such a contract is the law of the Czech Republic, regardless of where the access and use of the BodyHunters.cz Portal was realized from.
10.3. If the relationship related to the use of the website or the legal relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
10.4. These Business Terms and Conditions come into force on October 1, 2017. These Terms and Conditions govern the rights and obligations arising from the date on which they come into force.
10.5. If any of the provisions of the Terms of Business becomes invalid or ineffective, instead of such invalid clauses, a provision will be enforced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of any provision is without prejudice to the validity and effectiveness of other provisions.
Done in Prague on 17 May 2018