GENERAL PROVISIONS

  1. The websites helenamangfitness.ee and www.helenamangfitness.com offer guidelines for fitness and nutrition.
  2. The service provider is ONLINE FITNESS OÜ (hereinafter Service Provider), registry code 14453538, address: Väljaku 6a-20, Jüri, Rae vald (Rae Rural Municipality), email:info@helenamangfitness.com.
  3. The service provider does not offer services to persons with limited active legal capacity. By registering as a user, the person confirms that they have full active legal capacity (hereinafter User). By registering, the User confirms the correctness of the abovementioned data and the Service Provider is not obliged to verify the data.
  4. Services, for the purposes of these terms, are the fitness and nutrition guidelines, individual diet plans and the written articles, opinions, assessments and other works published by the Service Provider on the websites helenamangfitness.ee and www.helenamangfitness.com, and in which copyright subsists on the basis of Section 4 of the Copyright Act (hereinafter referred to collectively as Services or as Service). The Service Provider does not provide medical services or healthcare services or medical advice or medical recommendations pertaining to the User’s personal state of health. To receive medical recommendations and advice, the User should turn to a qualified physician.

HEALTH CONDITION

  1. The Service Provider provides Services to the User on condition that the User is a healthy person of full active legal capacity who has not been diagnosed with any temporary or persistent chronic disease. By registering as a User, the User confirms that they have full active legal capacity and that their state of health is suitable for using the Services. By registering, the User confirms that their state of health is suitable for use of the Services; and the Service Provider is not obliged to verify the data.
  2. Persons with an acute or chronic disease or an injury that significantly limits their performance are prohibited from using the Services. If the User’s health condition has a temporary nature, the User undertakes not to use the Services provided by the Service Provider until the condition stabilizes or function is recovered.
  3. The User is obliged to regularly monitor their health (including changes in their health) independently, or to use the assistance of a specialist in the relevant field and to decide on use of the Service accordingly.
  4. Before ordering and/or commencing use of Services, the Service Provider recommends consulting a physician. Consulting a doctor/attending physician before commencing use of Services is obligatory if the User suffers from a temporary or permanent disease or if the User is a pregnant or nursing woman.
  5. In the case of a worsening of the health condition or other negative change in the User’s health, the User is obliged to immediately cease use of Services and to contact a qualified (specialist) physician.
  6. The User bears sole responsibility for ascertaining what foods they can and cannot eat in light of their health condition, and for deciding, based on this consideration, whether to consume the Service Provider’s services or not. In case of doubt, the User is obliged to consult a physician prior to use of Services.
  7. The Service Provider, offers via its web pages, Services of an advisory nature. Following the advice is voluntary.
  8. In putting together a recommended daily menu, the Service Provider does not take into account any specifics arising from the User’s individual health (e.g. allergies, food intolerances, etc.).
  9. The User is cognizant that in providing Services, the Service Provider is unable to evaluate the suitability of every ingredient used in recipes for specific Users, and therefore the User themselves must make said evaluation at their own discretion.
  10. The User is obliged not to consume the Service Provider’s Services if the daily menus do not take into account the User’s food exclusions. The User shall make the final decisions regarding their diet at their own discretion. In making a decision, the User undertakes to proceed from their own state of health, physical abilities, previous experience and, if necessary, the advice and recommendations of a qualified physician.

USE OF SERVICES, PURCHASING SERVICES, AND ENDING USE OF SERVICES

  1. Services shall be available to Users in the members-only area during the period for which they have paid in accordance with the procedure set forth in these terms.
  2. Payment for Services shall take place on the basis of the valid price list.
  3. The prices of Services are set forth in euros and do not include VAT. VAT is not charged on the services because the Service Provider is not a registered VAT payer.
  4. Services can be ordered on the basis of a standing order contract that is based on a prepayment and is renewed automatically each month until cancelled.
  5. Upon ordering Services, the User and Service Provider shall enter into an agreement for an indefinite period under which the User undertakes to pay the Service Provider a fee pursuant to the valid price list until the order is cancelled.
  6. Under the standing order arrangement, the User shall pay in advance for use of Services for one (1) calendar month.
  7. The order shall be automatically renewed at the end of each order period, unless the User cancels the order via their user profile before the end of the current order period.
  8. After the cancellation of the order, access to the members-only area shall be retained until the end of the pre-paid period.
  9. The Service Provider is not obliged to refund the prepaid fees to the User (except in the case set forth in clause 24 of these terms).
  10. The User may discontinue use of service by withdrawing from the agreement within fourteen (14) days of placing the order. The User has no obligation to provide a reason for the withdrawal from the agreement. To exercise the right of withdrawal from the agreement, a written declaration of withdrawal must be emailed to the info@helenamangfitness.com. The amount paid for the Service shall be refunded to the User within 14 days of receipt of the declaration of withdrawal.
  11. The Service Provider has unilateral right to change the valid price list by posting a new price list on the website helenamangfitness.ee and/or www.helenamangfitness.com. Changes to the price of service shall come into effect starting with the next order period after the date of the change in price.

LIABILITY

  1. The Service Provider shall be liable to the User solely if the Service Provider is in breach of its obligations due to deliberate intent or gross negligence.

COPYRIGHT

  1. All data and materials posted on the websites helenamangfitness.ee and/or www.helenamangfitness.com are the property of the Service Provider.
  2. Copyrights and other rights of ownership to all content of the websites helenamangfitness.ee and/or www.helenamangfitness.com belong to the Service Provider and said content is copyright protected. The publication, citation, processing or other manner of reproduction of the content of the websites (text, data, recipes, posts or other information) is permitted only with the prior consent of the Service Provider, given in a form reproducible in writing. Without the prior written consent of the Service Provider, the information published by the Service Provider may not be made available outside the aforesaid websites (this pertains above all to the fitness and diet guidelines and individual diet plans as well as other information posted on the websites).

PRIVACY TERMS

  1. The User is cognizant that by creating a user account in the web environment belonging to the Service Provider, the User grants consent for processing of their personal data. The User gives consent for processing of their personal data for the purpose of ensuring the quality and availability of Services.
  2. The Service Provider shall gather and store the personal data in electronic form.
  3. The Service Provider shall retain User personal data as long as the User has a user account in the web environment belonging to the Service Provider or for as long as is necessary for providing Services to the User.
  4. The Service Provider shall process the following User personal data: first and last name, email address, age, weight, height, gender and dietary preferences. The Service Provider shall not save the data on the age, weight, height, gender and dietary preferences of the User; instead, an automated operation shall be executed to propose fitness and diet guidelines or an individual diet plan for the User. In addition to the above, the Service Provider may ascertain the User’s IP address and location.
  5. The User is responsible for the correctness of the data it provides. The updating and correctness of the data published by the User is necessary for the Service Provider to be able to provide Service.
  6. The User has the right to access their personal data at any time by notifying the Service Provider thereof in writing, unless set forth otherwise by law.
  7. The Service Provider shall not forward the user’s personal data to third parties unless it has written consent from the User or there is a basis under law for doing so.
  8. The Service provider shall store the personal data entered by the User in a data centre located in the European Union.
  9. The Service Provider shall track the customer’s user preferences by using cookies and may send out personal offers or advertising based on these preferences.
  10. The User has the right at any time to retract permission for processing personal data and to delete the collected personal data .The User also has the right at any time to close the user account. To do so, the User must email a corresponding request to info@helenamangfitness.com. The retraction of consent does not have retroactive force.

FINAL PROVISIONS

  1. The Service Provider reserves the right to unilaterally change the terms of use at any time, with at least 10 days advance notice provided to the User. The amended terms of use shall enter into force 10 days after notification of Users.
  2. If any clause in the terms of use proves to be in conflict with law, this shall not necessarily affect the validity of the other clauses of the terms of use.
  3. The websites helenamangfitness.ee and/or www.helenamangfitness.com may contain references to third-party sites beyond the direct and indirect control of the Service Provider. the Service Provider cannot and does not take responsibility for the content (including its accuracy) of the third-party sites.
  4. It is prohibited for the User to transmit, sell or otherwise transfer to third parties the fitness and diet guidelines received from the Service Provider without the advance written consent of the Service provider.
  5. The Service Provider and companies directly or indirectly related to the Service Provider (including subsidiaries, companies in which the Service Provider has a holding or in which a shareholder in the Service Provider has a holding) are not liable for any losses or damage, whether direct indirect, incurred under penal law or civil law (above all but not limited to direct and indirect damage, revenue forgone or other damage) related to use of Services or information published by the Service Provider.
  6. The law of the Republic of Estonia shall apply to the legal relationships arising from the terms of use. The User and Service Provider shall attempt to resolve any disputes by way of negotiations. The Harju County Court shall resolve disputes if an agreement is not reached.
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