1. GENERAL TERMS AND CONDITIONS
OUR AGREEMENT (the "Terms") are the Terms which apply when you access the website lerchek-marathon.com, or any other variations of the domain, (the "Website") or place orders to purchase any of the products made available to you on the Website. Any reference to "we"/"us"/"our"/”LERCHEK” in these Terms is a reference to E-FITNESS FZCO. Any reference to "you"/"your" means you, the user of the Website. By accessing this Website or when you place orders to purchase any of the products on the Website you agree to be bound by these Terms. If you have any questions, complaints or comments on this Website please contact us: firstname.lastname@example.org
INFORMATION ABOUT US
We are E-FITNESS FZCO a company registered in the United Arab Emirates, under license number 8936 and our registered address is DSO-IFZA Dubai Digital Park, Dubai Silicob Oasis, United Arab Emirates
2. TERMS AND DEFINITIONS
2.1. The Personal Account is a virtual space on the Internet where the Customer is provided with all the necessary information materials to achieve the results of the Agreement.
2.2. The group is a community of participants who participate in the program in the same time period.
2.3. Chats are closed communities in Telegram messenger designed to exchange messages between members within the Agreement.
3. SUBJECT OF THE AGREEMENT
3.1. The subject of the Agreement is the Contractor's retributive provision of a set of services related to informing the Customer about ways to improve weight normalization and nutrition (here-inafter referred to as “Services” ).
3.2. Service Contents
3.2.1. Provision of access to the program's personal account.
3.2.2. Provision of unlimited access to content in personal account for a period of 5 weeks.
3.2.3. The Contractor informs the Customer on the ways to normalize weight.
3.2.4. The Contractor does not engage in therapeutic or any other medical practice. The Contractor does not provide gym or aerobic room services, nor does it provide personal trainer services.
3.2.5. The Customer is fully aware that the result of the Services is entirely dependent on how diligently and faithfully they perform their training assignments and follow nutrition patterns. The Customer is fully aware that the Contractor cannot, under any circumstances, be responsible for the result of the service rendered to the Customer.
3.2.6. If the Customer violates the Contractor's training and nutrition programs, including disrupting the training schedule and/or skipping work outs and/or failing to perform the recommended physical exercises according to the proposed schedule, the Services shall be deemed to be rendered by the Contractor and the money paid is not refundable to the Customer.
4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
The Contractor is obliged to:
4.1. Duly provide Services under the Agreement.
4.2. Start providing the Services from the moment the full cost of the Services gets credited to the Contractor's account. The date of commencement of the provision of the Services may be postponed for a relevant period if the impossibility of starting the provision of the Services is due to non-fulfillment / improper fulfillment by the Customer of his/her obligations under the Agreement.
4.3. Provide the Services during a period of time determined by the Customer at the conclusion of the Agreement, but in any case not longer than the time paid by the Customer.
4.4. Provide the Customer, if necessary, with clarification on the implementation of nutrition and training programs in the 24-hour online group chat.
4.5. Services shall be deemed duly rendered and accepted by the Customer unless the Contractor within 5 (5) days after the end of the Service provision received a written, motivated objection from the Customer. At the expiration of the period specified above, Customer's claims regarding the shortcomings of the Services, including quantity (volume), cost and quality shall not be accepted.
The Contractor has the right to:
4.6. Require the Customer to perform the training and nutrition programs communicated in the Group of which the Customer is a member, to perform physical exercises in accordance with the videos posted in the Group. The Contractor in the course of delivering the Services, may require the Customer to complete certain individual assignments - activities, which allow the Contractor to verify and make sure that the Customer has learned the information, received during the Services' provision and to asses the Customer's abilities.
4.7. The Contractor reserves the right to terminate the Agreement with the Customer at any time, without explanation, with a refund of money payed.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
The customer is obliged to:
5.1. Provide the Contractor, upon request, as well as by completing the questionnaire, the reliable information and data necessary for the providion of the Services.
5.2. Immediately report negative health changes as well as any discomfort while following the program.
5.3. Not to reproduce, copy, distribute, or use in any other way for any purpose the Content in the Personal Account, except for personal use pursuing the purpose of the Agreement.
5.4. Not to post meaningless, useless, or promotional information on the Chats, which puts undue strain on the Group, as well as any illegal, discrediting or threatening communications.
5.5. Not to share Personal Account login and password to any third parties, and strive to ensure the secrecy of the login and password. In case of non-compliance with the specified condition (including cases of leakage of information about the login and password against the will of the Customer), the Contractor shall not be liable for the provision of the Services to the person who obtained the Customer's account data in any way, and shall not be obliged to compensate for the money paid and / or the period of time in which the Customer's login and password were in the actual possession of a third party.
5.6. Not to engage in any manner of agitating or inciting other members of the Group to use any products or services that are competitive to the Contractor's ones, or discrediting the Contractor in any way, including the information that the Customer fails to achieve any desired results.
5.7. Immediately notify the Contractor about cases of loss or theft of the login and / or password of his/her Personal Account.
5.8. Follow the nutrition and training recommendations posted in the Personal Account.
5.9. By uploading their before/after photos to the personal account, the Customer gives his/her consent to online release. If the Customer is against publishing, they will not upload their photos to the personal account.
Customer has the right to:
5.10 Require the Contractor to properly provide the Services.
6. COST OF SERVICE, PAYMENT TERMS
6.1. The cost of the Services, depending on the program, is as follows:
Money marathon without feedback 3900 rubles. (three thousand nine hundred rubles)
Cash marathon with feedback 5900 rubles. (five thousand nine hundred rubles)
6.2. Reducing the cost of the program is made by reducing the cost of the first and partial refunds.
6.3. The Customer has the right, at the end of the selected and paid period for the provision of the Services, to conclude an agreement with the Contractor for a new period. At the end of the period for the provision of the Services, if the Customer has not concluded an agreement for a new period, the Customer gets deleted from the Personal Account.
6.4. Reducing the cost of the program is made by reducing the cost of the first and subsequent weeks of participating in the marathon.
6.5. In the event of unilaterally termination of the Agreement on the initiative of the Customer, the Customer shall send a notification to the Contractor, which the Contractor undertakes to consider within 10 (ten) days. The cash is credited to the Customer's account from which the payment was made within 3 (three) working days from the date of the decision on the return of money and termination of the Agreement by the Contractor. The funds are returned with the deduction of the cost of the services provided by the Contractor.
6.6. The Services are provided subject to 100% prepayment by the Customer. Payment for the Services is made out at the conclusion of the Agreement on the Contractor's Website. Payment is made through payment integrator https://stripe.com or https://telr.com. In the event that no payment is made, the Agreement is not deemed to be concluded.
7. LIABILITY OF THE PARTIES
7.1. The Contractor does not provide any medical facility services. Customer's health information is accepted exclusively from the Customer's words and from the questionnaire completed by the Customer. The customer is personally responsible for the reliability of their health information.
7.2 The Customer is fully aware that there are cases of hidden health problems that may be unknown to the Customer him/herself. The Customer is aware that the Services are intended for people who are not contraindicated in physical activity.
7.3 The Customer is fully aware that the trainings carried out by them independently in accordance with the training programs developed by the Contractor, involving the use of any sports equipment, as well as any physical exercises, may result in injury or damage. The customer understands this and voluntarily assumes responsibility for any type of damage from which he/she may suffer physically and / or mentally. The Customer agrees that the Contractor or its representatives are not responsible for any damage that may be sustained during the training process.
7.4. The Contractor is not liable for the Customer's failure to achieve the expected results or the failure to meet the customer's expectations because it does not have the ability to fully monitor the performance of the programs developed by the Contractor.
7.5. The Contractor is not liable for any technical failure in the Personal Account through no fault of the Contractor, including the temporary lack of access to the Personal Account and/or individual elements of the Personal Account content.
7.6. If the Customer breaches Clause 5.3 of the Agreement, upon request of the Contractor, the Customer shall pay a fine of 5000 (Five thousand) dollars US per each violation. In addition, the Contractor is then entitled to unilaterally terminate the Agreement without compensating the Customer of the money paid.
7.7. If the Customer breaches Clauses 5.4, 5.6 of the Agreement, the Contractor has the right to unilaterally terminate the Agreement without compensation to the Customer of the money paid and without any appropriate notification.
7.8. The Contractor's liability is limited by the cost of the Services rendered under the Agreement.
8. CUSTOMER'S PERSONAL DATA PROCESSING
8.1. Providing the information required for rendering the Services, the Customer provides the Contractor with his/her personal data. The Customer hereby expresses the consent to the processing of personal data transferred to them in accordance with Federal Law No. 152-FZ dated 27 July 2006 “On Personal Data”.
8.3. The Customer is fully aware that, as a result of certain circumstances (such as the placement of customer's results in Chats, as well as other cases), Customer's personal data may become available to others as well.
8.3. The Customer hereby grants the right to publish their images without showing the face, as well as last name and name, on the digital and print resources of the Contractor. Images of the Customer, in which his face is visible, are published by the Contractor solely with the consent of the Customer, received by the Contractor via e-mail.
8.4. The Customer agrees to receive email and sms notifications with information about new products (services) and/or promotions conducted by the Contractor.
9. INTELLECTUAL PERFORMANCE RIGHTS
9.1. The exclusive rights to information materials in the Personal Account are held by the Contractor and/or its counterparties.
9.2. The Customer has the right to use the Personal Account exclusively for personal, non-commercial purposes in order to achieve the purpose of the Agreement.
10. FINAL PROVISIONS
10.1. The document is a complete agreement between the Contractor and the Customer.
10.2. The Contractor shall not assume any terms and obligations in relation to the subject of the Agreement, other than those specified in it.
10.3. Matters not covered by the Agreement are subject to the current legislation of the United Arab Emirates.
10.4. In the event of disputes and disagreements, the Parties will make every effort to eliminate them through negotiation or in a claim manner. The claim investigation period is 10 (ten) working days from receipt of the claim.
10.5. If it is impossible to resolve disputes and disagreements through negotiations or in a claim processing procedure, the Parties have the right to refer the dispute for consideration to a court of general jurisdiction at the location of the Contractor. Disputes between Parties are resolved in accordance with the current legislation of the United Arab Emirates.
10.6. The Agreement is effective upon the Customer's acceptance of this public offer and valid until the Parties fully fulfil their obligations.
11. CUSTOMER'S DETAILS