Way2Champ Terms of service
Table of Contents
- § 1 General Provisions
- § 2 Account and other services provided by electronic means
- § 3 Newsletter
- § 4 Order and sales agreement
- § 5 Individual coach patronage (ICP service)
- § 6 Payments
- § 7 Liability
- § 8 Complaints
- § 9 Withdrawal from the agreement
- § 10 Special provisions
- § 11 Amendment to the terms of service
- § 12 Final provisions
These Terms of Service prescribe the terms and conditions of use of the website available at https://way2champ.com (“Website”) and the services provided through it which comprise the contestant support system (“Way2Champ”).
The owner and administrator of the Website is Way2Champ spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Stary Sącz, ul. Magazynowa 1, 33-340 Stary Sącz, entered in the register of entrepreneurs of the National Court Register (KRS) under number KRS: 0000750352, Tax Identification Number NIP: 7343564059, National Business Registry Number REGON: 38139253600000 (“Service Provider”).
Contact and mode of communication between the Service Provider and the User:
- via e-mail: firstname.lastname@example.org
- via mail: ul. Magazynowa 1, 33-350 Stary Sącz
- via phone: +48 18 541 22 04
|Account||a service provided by electronic means; a modifiable element of the Website, created upon completion of the registration procedure by the User, in which information of and on the User and documentation related to his/her Orders are stored|
|business days||days of the week from Monday to Friday (except for statutory holidays in the Republic of Poland)|
|Consumer||a natural person performing with an entrepreneur a legal transaction which is not directly related to the business or professional activity of such person, or a natural person concluding with the Service Provider an agreement directly related to his/her business activity if from such agreement it results that it has no professional nature for such person which would result in the first place from the objects of his/her business activity as published pursuant to the provisions related to Centralna Ewidencja i Informacji o Działalności Gospodarczej [Central Registration and Information on Business] (“Entrepreneur with Consumer Rights”)|
|Fee||a subscription or one-off fee specified on the Website whose amount depends on the selected Service type|
|ICP Services||Services offered as part of Way2Champ involving provision of individual coach patronage (ICP) for a relevant User in a manner and in a scope stated in a selected offer available on the Website|
|Materials||any content published or shared on Way2Champ, in particular digital content (training plans, video materials, audiovisual materials etc.) which may be the object of a Sales Agreement; relevant and specific properties of each Material are presented on the dedicated subpage of the Website; access to the Materials is given to the Users through the Application|
|Newsletter||a free-of-charge service provided by electronic means, through which the Service Provider informs the Users on news on Way2Champ by sending selected and edited content in the form of an electronic letter|
|Order||a declaration of User’s intent which directly results in conclusion of a Sales Agreement and states its relevant conditions, filed by means of the Website functions or arranged directly with the Service Provider|
|Sales Agreement||a sales agreement concerning a selected Service, concluded between the Service Provider and the User pursuant to these Terms of Service through the Website sale system or on the basis of individual arrangements between the Service Provider and the User|
|Services||services offered in particular through the Website functionalities, in particular services involving provision of digital content in the form of Materials or the ICP Service to the User|
|Terms of Service||these terms of service; the Terms of Service are rendered available free of charge prior to the conclusion of agreements on the Website, as well as – upon User’s request – in a way which enables the User to obtain, copy and record the content of the Terms of Service by means of a teleinformatic system|
|User||an entity with full capacity to perform acts in law using the Services or concluding a Sales Agreement with the Service Provider|
§ 1 General provisions
- These Terms of Service establish the rules governing the use of Way2Champ, in particular the terms and conditions of using the Services, placing and modifying Orders, filing complaints, making payments and other rights and obligations of the User and the Service Provider.
- Any person willing to use Way2Champ has to become acquainted with these Terms of Service first. A person who refuses to accept even one provision of the Terms of Service may use neither Way2Champ nor the Services.
- Information included on Way2Champ does not constitute an offer within the meaning of the Act of 23 April 1964 – Civil Code, but an invitation for the Users to place offers.
- The User is not allowed to provide any content of unlawful nature and use Way2Champ in a manner which hinders or prevents its operation.
- The agreements are concluded in accordance with Polish law, with a proviso that such choice may not result in a Consumer being deprived of the protection resulting from mandatory provisions of the law applicable in Consumer’s country of habitual residence.
§ 2 Account and other services provided by electronic means
- As part of Way2Champ the following Services, among other things, are provided: free of charge services provided by electronic means in the form of Website functionalities, i.e.: interactive forms, in this Account registration and contact form, Newsletter, Account and cart, as well as conclusion, against charge, of Sales Agreements for selected Services.
- Each of the agreements for provision of services by electronic means may be terminated by the User at any time without providing reasons, in the manner specified here or in further provisions of the Terms of Service. The agreements for provision of services by electronic means which consist in the use of form functionalities are concluded for a limited period of time and are dissolved upon sending the form content to the Service Provider or Way2Champ or upon ceasing to use them. The User may also resign from the services rendered by means of interactive forms by refraining from using such services.
- In order to set up an Account and gain the status of registered User, a user has to first complete the registration procedure.
- The User completes the registration procedure by means of an interactive form available on the Website. The User is obliged to provide his/her true and up-to-date details and maintain them so the entire time he/she holds the Account.
- Upon confirmation of completion of the registration procedure sent by the Service Provider to User’s e-mail address, an agreement for provision of the service provided by electronic means and consisting in operation of the Account is concluded between the User and the Service Provider for an unlimited period of time.
- The User may terminate the agreement for operating the Account at any time with immediate effect by sending a relevant declaration of intent to the Service Provider. Termination becomes effective upon receipt of such declaration by the Service Provider.
- In the course of the registration procedure the User sets a password, which then enables him/her to access the Account. The User is obliged to protect the password and may not reveal it to third persons. The Account is non-transferable.
- The User is obliged to update the Account details necessary to execute an Order.
§ 3 Newsletter
- The Service Provider provides the Newsletter subscription service for the Users who give their voluntary consent to this by means of the Way2Champ functionalities.
- In order to activate the Newsletter subscription service, the User has to have a device with the Internet connection, an installed and updated Internet browser and an active e-mail address.
- In order to subscribe to the Newsletter, the User orders it by means of an interactive form available here https://way2champ.com/ , providing his/her e-mail address, and activates the service through a link included in the e-mail sent to the User to the address stated at registration.
- Upon activation of the subscription, an agreement for provision of the Newsletter service is concluded for an unlimited period of time between the Service Provider and the User.
- The User may at any time terminate the agreement for provision of the Newsletter service with immediate effect by deactivating the subscription. The User may resign from the Newsletter by activating a relevant link provided in the footnote of each electronic letter sent as part of the Newsletter service.
§ 4 Order and sales agreement
- Orders may be placed by the Users who have the status of registered and unregistered User. A non-registered User places an Order avoiding the Website registration and log-in procedure.
- Where a Sales Agreement refers to a Service related to provision of Materials, the User files an Order by adding Materials to the virtual cart. As a result of effective addition of Materials, the number of Materials in the Order list is changed. The Order list may be modified in any way from the cart level on the Website.
- Upon conforming the selection of Materials, the User enters his/her contact details and selects payment method in the Order form. Having completed the Order, the User confirms it and sends it to the Service Provider by activating the “Kupuję i płacę” (Buy and Pay) button.
- It is essential to provide data necessary to execute the Order in the Order form. These include, without limitation: first and last name, address, e-mail address, phone number, data for issuing a bill or a VAT invoice.
- In the course of placing the Order, until activating the “Kupuję i płacę” button, it is possible for the User to identify and correct errors in the Order and to modify it through the Website sale system.
- While placing the Order, the User makes the Service Provider an offer to conclude a Sales Agreement concerning the Materials covered by the Order. The Sales Agreement is concluded by acceptance by the Service Provider of the said offer, upon receipt by the User of the confirmation that the Order was accepted by the Service Provider for execution.
- The Sales Agreement may only be concluded if the following conditions precedent are satisfied: (a) the User makes the relevant payment, (b) there is no error on the Website related to the price. If the User makes the payment but the condition precedent related to error is not met, then the payment is undue and the Service Provider will reimburse it to the User upon crediting it on the bank account immediately, but no later than within 7 (seven) days.
- The concluded Sales Agreement is recorded, secured and made available through the Way2Champ sale system and is sent to User’s e-mail address. The User who placed an Order receives a digital document confirming conclusion of the Agreement along with its content.
- The Order execution is initiated upon making the electronic payment via the online payment system – upon receipt by the Service Provider of the confirmation from the payment provider. The User gains access to the Materials through the Application within 2 (two) business days from placing the Order, and the Application configuration manual is sent to the e-mail address stated by the User.
§ 5 Individual coach patronage (ICP service)
- The User may conclude an ICP Services Sales Agreement with the Service Provider by means of the Website functionalities or individually through Way2Champ. In order to place an Order for the ICP Service, each time the User has to contact the Service Provider by activating the button “Umów się na rozmowę o opiece indywidualnej” (“Make an appointment to discuss the individual patronage”) in the “Indywidualna opieka trenera” (“Individual Coach Patronage”) tab, following the directions provided on Way2Champ. The User may also place the Order for the ICP Service by using the contact form or by contacting the Service Provider via e-mail or via phone using the contact details stated on the Website.
- Before concluding the ICP Service Sales Agreement, the Service Provider provides the User with details on different options of the ICP Service via e-mail or in a phone call, and then, for the purpose of preparing an appropriate offer for the User, the Service Provider sends the User, to his/her e-mail address, an electronic form to be filled in and the Fee amount.
- The User fills in the said form, providing any required information related to the terms and conditions of the Sales Agreement, and then sends the filled-in form to the Service Provider, which constitutes an offer to conclude the Sales Agreement.
- After receiving the form filled in by the User, and thus the offer, the Service Provider sends the Order confirmation, including the amount and frequency of Fees, as well as other terms and conditions of the ICP Service, to the e-mail address stated by the User, what means that the Service Provider accepted the offer and the Sales Agreement was concluded.
- The ICP Service Sales Agreement is concluded for an unlimited period of time and may be terminated upon 1-month termination notice with the effect as at the end of a calendar month.
- If the User is ill or injured for more than 2 (two) subsequent weeks, then the User will be entitled to reduction of the Fee for the ICP Services. In such a case, if the User wishes to seek partial reimbursement of the Fee, then the following procedure applies:
- The User provides information on the illness or injury in the document form to the coach providing the relevant ICP Services;
- the abovementioned information is verified;
- if it is confirmed that the User did not use the ICP Services for more than 14 (fourteen) subsequent days due to the illness or injury, then the Service Provider will deduct 50% of the Fee amount from the payment for the next calendar month following the month in which the Service Provider settles the reimbursement issue.
- The ICP Service is provided on the basis of a limited resource of information on the User. In particular, the Service Provider has no information as to the health condition of the User, his/her limitations, ailments etc. The coaches assigned to provide the ICP Service issue neither sick leaves or official diagnosis, nor electronic medical prescriptions.
§ 6 Payments
- The Fees stated on the Website pages are gross prices (including any taxes) and are expressed in PLN. The total price of the Order is calculated according to the choices made by the User in the Order form, in compliance with the rates stated in the Order.
- The binding total price is indicated to the User in the confirmation of accepting the Order for execution referred to in clause 4.6., and in the Order summary referred to in clause 5.3.
- The User may choose one of the following payment methods: (a) payment via an external online payment system Dotpay; (b) traditional bank transfer to the bank account of the Service Provider stated by the Website sale system while the Order is placed or in the invoice.
- If the User chooses to pay by wire transfer, then the User is obliged to make the payment within 5 (five) days from conclusion of the Sales Agreement, and in the case of monthly payments made pursuant to the ICP Service Sales Agreement – until the 5th day of each month within the term of that Agreement.
- The Fees presented on the Website may be changed (e.g. as part of a special offer). The terms and conditions pertaining to the Order may not be changed with regard to the User who placed or received the offer referred to in clause 5. of the Terms of Service in the manner prescribed above prior to a change of prices.
§ 7 Liability
- The Service Provider takes every effort to ensure appropriate Service quality, still it only provides the Website functionalities, which means, among other things, that it neither controls the coaches providing the ICP Services or verifies particular Materials, nor controls the manner in which the Users use the Services.
- The Services offered as part of Way2Champ may not be treated as a substitute for treatment, medical consultation etc. The Services offered on the Website may also not be treated as a source of medical expertise, and in no case are they supposed to replace or provide an alternative to medical advise, diagnosis or treatment plan of any disease.
- Before starting to use the Services, each User should consult his/her health condition with a physician, confirming that there are no contraindications to use the selected Services.
- The Service Provider and the coaches providing the ICP Services have limited knowledge on each User, they do not know User’s health condition, how his/her body is functioning, the history of possible illnesses or diseases, and have no direct control over the User, including the manner in which he/she uses the Services and performs particular exercises. Therefore, in no case should the User rely only on information provided as part of the Services, and in the case of any doubts, the User should contact his/her assigned coach and a physician. Improper use of the Services, including improper performance of exercises, may cause injuries or involve pain.
- In view of the foregoing, within the limits prescribed by the law, the Service Provider is not liable for the manner in which the User uses the Services, including shared Materials or ICP Services, and for consequences and effects of their use. The User is obliged, at his/her own effort, to ensure appropriate conditions before starting to use the selected Services. In particular, the Service Provider is not liable for security of the equipment by means of which the User performs exercises.
- When starting to use the Services, the User is aware that particular training plans are prepared only on the basis of information provided thereby. The Service Provider is not liable for possible consequences of User’s failure to follow training directions.
§ 8 Complaints
- The User has the right to file a complaint concerning operation of the Website. A complaint should include at least details enabling identification of the User as the complaining person and state reasonable reservations and comments concerning the Website or the Services, including Materials. The User should send the complaint via e-mail to the following address: email@example.com or to the correspondence address of the Service Provider. If the complaint needs to be complemented, then the Service Provider will request the User to complement it.
- The Service Provider will take a stance towards the complaint within 14 days from receiving it. The User will receive a response to the address from which the complaint was sent, or to the address stated by the User in the complaint form.
§ 9 Withdrawal from the agreement
- A Consumer may withdraw from an agreement without providing the reason by filing a declaration of withdrawal from the agreement with the Service Provider by filing a relevant declaration of will (via e-mail) to the e-mail address: firstname.lastname@example.org. The term for withdrawing from an agreement is 14 days from its conclusion. In order to comply with the term referred to in the preceding sentence, it is sufficient to send the Service Provider, prior to its lapse, the declaration of withdrawal in the form referred to in the first sentence of this clause.
- The withdrawal right does not apply in the case prescribed in Article 38.13 of the Act on consumer’s rights of 30 May 2014, i.e. in the case of an agreement for providing digital content which is not recorded on a physical data carrier if the provision of the performance has commenced upon express consent of the consumer prior to the lapse of the term prescribed for withdrawing from the agreement and upon the Service Provider’s notifying him/her on the loss of the right to withdraw from the agreement.
§ 10 Special provisions
- Users who are not Consumers are subject to the following special provisions: (a) the Service Provider is not liable for any damage caused to the User by unintentional fault, whereby the liability of the Service Provider is limited to actual losses incurred by the User, (b) the Service Provider is not liable for lost profits, (b) the rights and obligations resulting from the Terms of Service are governed exclusively by Polish law, (d) any disputes arising between the Service Provider and the User will only be referred to the court with the local jurisdiction over the registered office of the Service Provider, (d) if the Terms of Service are amended, where until the effective date of their amended version the User fails to terminate the agreements, it is deemed that the User accepted the new Terms of Service without reservations.
- The Service Provider may terminate the agreement for the operation of the Account or the Sales Agreement, in particular the ICP Service Sales Agreement, with immediate effect, only for important reasons, which are understood the include the following:
a) where the User uses the Services using practices that threat his/her health or life;
b) where the User fails to pay the due payment for the Services and remains in delay despite being requested by the Service Provider to settle the payment within an additional payment term of at least 7 days.
§ 11 Amendment to the terms of service
- The Service Provider may amend these Terms of Service due to material reasons, whether legal (amendment of generally applicable law or change of organizational form of the Service Provider) or technical (modernization of Way2Champ or Services, change of the operation manner of the Website or Services).
- The Users will be notified on any amendment to the Terms of Service via e-mail sent to the address at which the Account is registered 15 (fifteen) days before the new Terms of Service come into effect. During this time, the User must accept the amended Terms of Service, or refuse to accept them and terminate the agreement for provision of services by electronic means.
- The User may refuse to accept the amendment to the Terms of Service in particular by requesting removal of the Account.
§ 12 Final provisions
- Any Materials, graphic elements, layout of such elements, trademarks and other content or materials available on Way2Champ are the object of exclusive rights, in particular they constitute the object of protection of copyrights and industrial property rights. Using the Materials and other elements made available on the Website referred to in the preceding sentence in any form is each time subject to consent of the Service Provider. In particular, the User is not allowed to reproduce, disseminate, lend, dispose of or otherwise redistribute Way2Champ elements, including the Materials, directly or indirectly, whether against charge or free of charge, otherwise than through the Service Provider.
- A Consumer may take advantage of dispute resolution methods which are alternative to court proceedings (ADR), in particular through mediation, conciliation or arbitration (arbitration court). The list of institutions to which the Consumer may refer for dispute settlement within the frames of ADR is available here: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/index_en.html.
- The Consumer may also take advantage of out-of-court means of considering complaints and seeking claims by means of submitting their complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/
- If the User resigns from taking advantage from ADR or ODR, any disputes arising out of the Terms of Service or Sales Agreements will be settled by a common court with the jurisdiction determined according to the rules as prescribed by a legal act applicable to the User being a Consumer.
These Terms of Service come into effect on: 1 October 2021