This document is an official public offer (hereinafter referred to as the Agreement, Offer) of Impresa individuale Dmitry Kuzmich (P.IVA: 12968910963, VIA MASACCIO 19 20149 MI MILANO), which regulates the mutual rights, obligations and relationship between Impresa individuale Dmitry Kuzmich, hereinafter referred to as the «Contractor», and the consumer services, hereinafter referred to as the «Customer» (hereinafter also referred to as the «Participant»), who accepted (accepted) the public offer (offer) to conclude this Agreement.
If the conditions set forth below and payment for services are accepted, the individual accepting this offer becomes the Customer, and the Contractor and the Customer are jointly the Parties to the offer agreement.
The Public Offer implies the intention of the Contractor to provide the services provided for in this Agreement to all individuals who have applied for the provision of services and accepted all the terms of the Offer in accordance with this Agreement, except when the provision of services by the Contractor is impossible for technical, legal or other reasons.
1. DEFINITIONS AND TERMS
«Authorization» means logging into an account using registration data (login and password). Registration data is sent to the Customer after registration to the e-mail specified during Account Registration and / or payment.
«Administration» - the administration of the Site, acting on behalf of the Contractor, administering and managing the site https://kuzmichnatali.com
«Account / Account» - an area of the Site intended for storing the Customer's personal data and identifying him, as well as providing access to the Content . The account is the «Personal Account» of the Customer. You must be logged in to create an account. Each Customer is allowed to have only one account.
«Acceptance of the offer» - full and unconditional acceptance of all the conditions of this Offer by the Customer.
«BAN» - deletion of an account for violations of this Agreement with the preliminary entry of all personal data of the violator into the «black list» to prevent re-registration.
«Customer» - an individual who has reached the age of 18, who has accepted all the terms of this Agreement and has concluded this agreement with the Contractor on the terms of this Offer.
«Information materials» - materials provided by the Contractor on the Contractor's Official website, through access through the Personal Account, mailings to the Customer's e-mail address, containing information about sports lifestyle, fitness and proper nutrition.
«Content» - information materials, the rights to which belong to the Contractor and / or its counterparties, posted by the Contractor on the Site, namely: author's training and nutrition programs, video materials (including video training), educational articles, any images, as well as any other materials posted on the Site at the discretion of the Contractor and used to provide the Services.
«Personal Account» - a personalized part of the Site not available for public access, access to which is carried out by entering authentication data (login - access name and password - access code). In the Personal Account, the Customer is given the opportunity to optimally interact with the infrastructure of the Site, use its functionality and interact remotely with the Contractor.
«The Contractor's official website» (hereinafter referred to as the «Site») - the Contractor's web page located on the Internet at: https://kuzmichnatali.com «Account Registration» - assigning credentials to the new Customer (virtual name - login and password /key from the «Personal Account»), allowing to uniquely identify him among other Customers and provide him with the opportunity to use his «Personal Account». Re-registration for the same credentials of the same person is prohibited.
2. SUBJECT OF THE AGREEMENT
2.1. In accordance with the terms of this Agreement, the Contractor undertakes to provide the Customer with services for organizing access to Information Materials and Content in the field of sports development, fitness and proper nutrition (hereinafter referred to as the «Services»). The customer undertakes to accept the requested services and pay for them.
2.2. The provision of services under this Agreement is carried out as part of the Customer’s participation in the course (hereinafter referred to as the “Course”), the conditions of which are provided for by the Rules for conducting the relevant Course (hereinafter referred to as the “Rules”), which are an integral part of this Agreement, to achieve the most optimal sports results and meet the goals conducting the specified course.
2.3. The cost and detailed description of the Services, as well as the Rules are officially published on the website https://kuzmichnatali.com and are annexes to this Offer. The cost of services under this Agreement is included in the cost of participation in the Course.
2.4. This Agreement, as well as all changes and additions to this Agreement, are open documents and are published for public information on the Contractor's Website.
2.5. The Contractor does not provide educational services of an official educational institution and does not issue any certificates and licenses. The performer is not engaged in medical or anyother medical practice. The Contractor does not provide the services of a gym or aerobic room, does not provide the services of a personal trainer.
2.6. The Customer is fully aware that the result of the provision of the Services depends entirely on how diligently and conscientiously they will perform the tasks of the coach, as well as other mentors determined by the Contractor as part of the provision of the Services. The Customer is fully aware that the Contractor under no circumstances can and is not responsible for the result of the Customer's training.
2.7. In the event that the Customer violates the training and nutrition programs offered by the Contractor, including, violates the training schedule and/or misses workouts and/or does not perform the recommended physical exercises according to the proposed schedule, the Services are considered to be provided by the Contractor, and the money paid is not refundable to the Customer .
2.8. The Customer undertakes to consult with a doctor before starting the corresponding Course in order to identify possible contraindications and receive recommendations. At the request of the Contractor, the Customer is obliged to provide a medical certificate confirming that the Customer has no contraindications.
2.9. All notifications and letters under this Agreement shall be sent by e-mail to the Customer's address specified in accordance with clause 5.4. of this Agreement, and the address of the Contractor info@kuzmichnatali.com.
3. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE OFFER AGREEMENT
3.1. The conclusion of the contract for the provision of Services is carried out by Accepting the Offer on the conditions set forth therein during the term of the Acceptance.
3.2. Acceptance of the Offer, i.e. unconditional acceptance by the Customer of the terms of this Agreement, is payment for the Services and receipt by the Contractor of the relevant payment document confirming the fact of payment.
3.3. By accepting this Agreement, the Customer guarantees that he has read, agrees, fully and unconditionally accepts all the terms of the Agreement and the Rules in the form in which they are set forth in the text of the Agreement and the Rules.
3.4. This Agreement does not require sealing and (or) signing by the Parties, while maintaining full legal force.
3.5. After accepting this Offer (making payment for the Services), the Customer gains access to the Personal Account on the Site and subsequently undertakes to unconditionally accept the Services. The interaction of the Parties is carried out through the Personal Account of the Customer. The Customer receives tasks, recommendations and explanations of the Contractor in the relevant sections of the Personal Account and independently determines the method and time for their implementation within the framework of the issued tasks and recommendations.
3.6. The Parties acknowledge that documents sent via the specified e-mail or other electronic means of communication, including through the Personal Account, have legal force equivalent to documents in ordinary paper workflow.
3.7. This Agreement is an open and public document. The Administration recommends that the Participants regularly check the terms of this Agreement for changes and / or additions. The fact that the Customer continues to use the Site after making changes and / or additions to this Agreement means that the Customer accepts and agrees to such changes and / or additions.
4. GUARANTEES OF THE PARTIES
4.1. The Contractor guarantees the Customer the provision of information services and the fulfillment of its obligations under this Agreement in full.
4.2. Each Party to this Agreement represents and warrants that it has all the rights and powers necessary to enter into this Agreement and fully fulfill its obligations under it, and that the conclusion and / or performance of obligations under the Agreement will not violate the terms of any other obligations of this Party to third parties.
4.3. When paying for an order with a bank card, the payment processing (including entering the card number) takes place on a secure page of the processing system, which has passed international certification. This means that the Client's confidential data (card details, registration data, etc.) are not sent to the Site, their processing is fully protected and no one, including the Site Administration, can receive the personal and banking data of the client. When working with card data, the information security standard developed by the international payment systems Visa and MasterCard - Payment Card Industry Data Security Standard (PCI DSS) is used, which ensures the secure processing of the holder's bank card details. The applied data transfer technology guarantees the security of transactions with bank cards through the use of Secure Sockets Layer (SSL), Verified by Visa, Secure Code, and closed banking networks with the highest degree of protection. When paying for an order with a bank card, upon termination of the Agreement on the basis of the conditions provided for in this Agreement, a refund in the amount of money paid by the Customer is made to the card from which the payment was made.
5. TERMS AND CONDITIONS OF PROVISION OF SERVICES
5.1. The services specified in clause 2.1 of this Agreement are provided to the Customer remotely by transferring information materials to the Customer and conducting consultations in the manner and on the conditions established by this chapter, as well as via the Internet telecommunications network through access through the Personal Account on the Site and through e-mail distribution .
5.2. To start using the Site, the Customer must go through the registration procedure, as a result of which a unique Account will be created for the Customer.
5.3. The Participant's personal information contained in the Customer's Account is stored and processed by the Site Administration in accordance with the current legislation of Montenegro on personal data.
5.4. When registering, the Customer indicates his e-mail address. Account access data is sent to the email address specified during registration. The Customer has the right to change the password for accessing the account after completing the registration procedure by logging into his Personal Account.
5.5. The participant must confirm the registration according to the instructions sent by e-mail. In the case of the correct sequential execution of all registration actions on the Site and payment for the Services, a personal page of the Participant is created.
5.5.1. The Participant does not have the right to transfer his login and password to third parties, is fully responsible for their safety, independently choosing the method of their storage. The participant on the hardware and software used by him may allow the storage of the login and password (using cookies) for subsequent automatic authorization on the Site.
5.5.2. Unless the Participant proves otherwise, any actions performed using his login and password are considered to be committed by the Participant personally. In case of unauthorized access to the login and password and / or the personal page of the Participant, or the distribution of the login and password, the Participant is obliged to immediately notify the Site Administration in accordance with the established procedure.
5.6. After accepting this Offer, as well as making payment for the Services, the Customer gains access to the Site through the Customer's Personal Account and subsequently undertakes to unconditionally accept the Contractor's Services - performing the assigned tasks in the manner and within the time limits stipulated by this Agreement and the information published in the Customer's personal account on the Contractor's Website https://kuzmichnatali.com
5.7. The Contractor receives assignments, recommendations and clarifications from the Contractor in the relevant sections of the Personal Account and independently determines the method and time for their implementation in accordance with the Course Rules.
5.8. Services are considered to be rendered properly and in full under the Agreement from the moment the Customer obtains access to the Personal Account and posting the Contractor's Information Materials on the Website. In the event of exclusion of the Customer under the conditions provided for in this agreement, from among the participants of the Course, this Agreement is considered terminated.
In the event that the Customer was not admitted to participate in the Course, in accordance with the terms of the Course Rules, this agreement is automatically terminated.
5.9. The Contractor is not responsible for the deterioration of the health, well-being of the Customer. If the Customer receives personal recommendations from the Course specialists, these recommendations will be displayed on the Site in the appropriate discussion section. The recommendations received by the Customer shall be recorded, stored and executed at its own discretion.
5.9.1. If the Customer has paid for participation, but has contraindications from the attending physician (this also includes pregnant and lactating mothers) or did not apply to him for recommendations (permission) for sports, the Contractor is not responsible for possible injuries / deterioration in health and does not return the money to the Customer .
5.9.2. In case of fraud, forgery, provision of deliberately false data about the Customer, violation of the Offer Agreement and the Course Rules, the Contractor blocks the User, access to the Site is terminated, the Agreement is considered terminated, the funds are not returned to the Customer.
5.9.3. The Contractor is not responsible for the Customer’s dissatisfaction with the Content (including the fact that they can: “do not inspire”, be “wrong”, “do not live up to expectations”, “do not like” , etc. ) for the above reasons from the moment the Customer receives access to the Information Materials, the service is considered to be provided by the Contractor and the money is not returned to the Customer.
5.9.4. If on the site https://kuzmichnatali.com there is a technical failure, the Contractor eliminates it as soon as possible. In case of difficulty in using the site and its content, the Contractor does not return the money for temporary inconvenience to the Customer, due to the fault of a third party.
5.10. In case of deletion of the Customer's Account that violated the provisions of this Agreement, the funds will not be returned, and the losses will not be compensated.
5.11. The Customer, as the owner of the information posted on his own personal page, is aware that, with the exception of cases established by these Agreements and the current legislation of Montenegro, the Administration does not take part in the formation and use of the content and control of access of other participants to the Participant's information.
5.12. The Customer acknowledges and agrees that the Administration is not obliged to view information of any kind posted and / or distributed by the Participant, and that the Contractor has the right (but not the obligation) at its own discretion to refuse to place and / or distribute information to the Customer or delete any information that is available through the Site. The Customer acknowledges and agrees that he must independently evaluate all risks associated with the use of the Content, including an assessment of the reliability, completeness or usefulness of this Content.
5.13. The Customer agrees that the Administration does not bear any responsibility to him and (or) third parties for any change, restriction or termination of access to the Site, in case of violation by the Customer of this Agreement and the Rules.
6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
6.1. By agreeing to the terms and accepting the terms of this Offer by Accepting the Offer, the Customer represents and warrants to the Contractor that:
The Customer has indicated true personal data;
The Customer enters into the Offer Agreement voluntarily, while the Customer is fully acquainted with the terms of the Offer, fully understands the subject of the Offer and the nature of the Services provided, fully understands the meaning and consequences of his actions in relation to the concluded Agreement and is sure that there are no possible negative consequences in relation to his own physical health when using information materials, participation in the Course and performance of sports tasks.
6.2. The Customer undertakes not to use the information received from the Contractor in any way that may lead to damage to the interests of the Contractor.
6.3. The Customer undertakes to use the Site only for lawful purposes, comply with the current legislation of Montenegro, other applicable legislation, as well as the rights and legitimate interests of the Contractor and copyright holders whose Content is posted on the Site.
6.4. The Customer has the right to:
Receive from the Contractor information on the organization and provision of the proper provision of the Services.
- Require proper and timely provision of the Services by the Contractor.
- Contact the Contractor in writing on all issues related to the provision of the Services, as well as ask questions related to the provision of the Services.
- The customer has the right to send his photo taken at the end of the course in order to summarize and evaluate the result. The Contractor has the right to request, at its discretion , a video confirmation in order to check for the absence of the use of photo editors when sending a photo. By sending his photo, the Customer agrees to the publication and further use of the image (photo) of a citizen, including on the Contractor's Website.
7. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
7.1. The Contractor undertakes to provide in full and within the term of this Agreement the Information Materials under this Agreement.
7.2. The Contractor undertakes to provide, at the request of the Customer, access to information about the Services provided.
7.3. The Contractor has the right to include the Customer in the mailing list for subsequent distribution of information materials.
7.4. The Contractor has the right to terminate the provision of services to the Customer and terminate this Agreement unilaterally in case of violation by the Customer of its obligations in accordance with this Agreement, as well as in connection with exclusion from the number of participants in the Course, in accordance with the Rules. The Contractor also has the right to unilaterally refuse to provide services under the contract by notifying the Customer in writing.
7.5. The Contractor undertakes to use all personal data and other confidential information about the Customer only for the provision of the Services, not to transfer or show to third parties the documentation and information about the Customer held by him, with the exception of persons to whom such information must be provided by law.
7.6. The Contractor has the right to change the cost of the Services and other terms of this public Offer without prior agreement with the Customer, while ensuring the publication of the modified terms on the Site.
7.7. The Contractor has the right to independently determine the forms and methods for the provision of Services based on the requirements of the law, as well as the specific terms of the Agreement.
7.8. The Contractor has the right not to respond to the Customer's requests that are not related to the subject of this Agreement, as well as affecting the personal data of the participants and being a trade secret of the Contractor.
7.9. The Administration has the right to send the Customer information about the development of the Site and its services, as well as inform him about its own activities and services in the form of newsletters with the latest news, new offers, special offers and sales announcements. Additionally, send information about news and offers of partners via e-mail.
7.10. In case of violation by the Customer of this agreement, the Customer's Account may be deleted without warning and without explanation, the Agreement is considered terminated. Any claims sent to the BAN and / or remote Customers must be sent in writing in a free form to the email address info@kuzmichnatali.com
7.11. The Administration has the right to carry out preliminary moderation or censorship of the Participants' comments at its discretion and takes actions to protect the rights and interests of individuals and ensure compliance with the requirements of the legislation of Montenegro only after the person concerned applies to the Administrator in the manner established by the Administrator.
8. RISKS AND RESPONSIBILITIES
8.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the Agreement and the legislation of Montenegro.
8.2. By accepting the terms of this Agreement, the Customer understands that the Contractor does not bear any risks regarding the Customer's understanding of the methodological recommendations set out in the information and (or) analytical materials, as well as recommendations. All methodological recommendations and advice set forth in the materials sent by the Contractor must be used by the Customer solely at its own discretion. All risks for the consequences of using the information received are fully borne by the Customer.
8.3. The Contractor is released from liability for non-performance or improper performance of this Agreement in the event of any poor-quality functioning of equipment, software and communication channels that are outside the resources of the https://kuzmichnatali.com caused by technological reasons or actions/inactions of third parties.
9. PROCESSING OF THE CUSTOMER'S PERSONAL DATA
9.1. Acceptance by the Customer of the offer means the Customer's consent to the processing of personal data, as well as acceptance of the terms of processing of the Customer's personal data. A separate consent to the processing of the Customer's personal data is not required.
9.2. This offer applies only to the site https//kuzmichnatali.com. The Contractor does not control and is not responsible for the websites of third parties, to which the Customer can follow the links available on the website.
9.3. The Contractor does not verify the accuracy of personal data provided by the Customer.
9.4. Personal data authorized for processing under this offer is provided by the Customer by filling out the registration form on the website in the relevant sections and includes:
9.4.1. name or nickname of the Customer;
9.4.2. email address ( e-mail );
9.4.3. addresses of accounts in social networks (if applicable)
9.5. The Contractor collects statistics about the IP addresses of its visitors and cookies. This information is used to identify and solve technical problems, authorize the Customer on the site.
9.6. The Contractor can use the personal data of the Customer for the following purposes:
9.6.1. Identification of the Customer registered on the site, conclusion of an agreement, informing about services, works, products;
9.6.2. Establishing feedback with the Customer, including sending notifications, requests regarding the use of the site, the provision of services, processing requests and applications from the Customer;
9.6.3. Providing the Customer with effective client and technical support in case of problems related to the use of the site;
9.6.4. Providing the Customer with product updates, special offers, pricing information, newsletters and other information on behalf of the Contractor or on behalf of partners.
9.6.5. Implementation of advertising activities.
9.7. The processing of the Customer's personal data is carried out no longer than the period that meets the purposes of processing personal data, in any legal way, including in personal data information systems using automation tools or without using such tools.
9.8. The Contractor is obliged:
9.8.1. Use the information received solely for the purposes specified in clause 9.6. of this section.
9.8.2. Ensure that confidential information is kept secret, not disclosed without the prior written permission of the Customer, and also not to sell, exchange, publish, or disclose in other possible ways the transferred personal data of the Customer, with the exception of clauses 9.10., 9.11. of this section.
9.8.3. Take precautionary measures to protect the confidentiality of the Customer's personal data in accordance with the procedure established by the legislation of Montenegro.
9.8.4. Block personal data related to the relevant Customer from the moment the Customer or his legal representative or authorized body for the protection of the rights of subjects of personal data is contacted or requested for the period of verification, in case of revealing inaccurate personal data or illegal actions.
9.9. The Customer agrees that the Contractor has the right to provide personal data to partners, other third parties, in particular, courier services, postal organizations, telecommunications operators, solely for the purpose of fulfilling the Customer's order placed on the website.
9.10. The personal data of the Customer may be provided to the authorized state authorities of Montenegro only on the grounds and in the manner established by the legislation of Montenegro.
9.11. In case of loss or disclosure of personal data, the Contractor shall not be liable if these personal data: • Became public domain before their loss or disclosure. • Were received from a third party before it was received by the Contractor. • Were disclosed with the consent of the Customer.
9.12. The customer has the right to withdraw consent to the processing of his personal data by sending a request to the following email address: info@kuzmichnatali.com. The Contractor stops processing personal data within 5 (five) working days from the date of receipt of the withdrawal of the Customer's consent.
9.13. If the Customer's account is deleted, all Customer information entered during registration is automatically deleted. After deleting the account, the Customer loses access rights to the Site as a whole using the Personal Account.
10. RIGHTS TO THE RESULTS OF INTELLECTUAL ACTIVITIES
10.1. All rights to the Site as a whole and to use the network address (domain name) https://kuzmichnatali.com belong to the Contractor. The latter provides access to the Site to all interested parties in accordance with this Agreement and the current legislation of Montenegro.
10.2. The exclusive rights to the Content belong to the Contractor and/or its counterparties.
10.3. The Customer has the right to use the Content solely for personal, non-commercial purposes to achieve the purpose of the Agreement.
10.4. Any materials received by the Customer by e-mail, published on the Site or Content, are intended for private non-commercial use. The Customer does not have the right to copy, transmit, send by mail, and / or publish materials from the Site and information and / or analytical products without the written permission of the Contractor, and also does not have the right to use them for mass distribution.
10.5. The Customer is notified and, by accepting the Offer, agrees that sections of the Site are protected by copyrights, trademarks, patents, intellectual property laws and other relevant Montenegrin and international laws.
10.6. The Customer agrees that by transferring any information directly to the Administration, the Customer transfers non-exclusive rights to such information in full for the duration of this Agreement.
10.7. The site contains (or may contain) links to other sites on the Internet (third party sites), as well as articles, photographs, illustrations, graphics, music, sounds, videos, information, applications, programs and other content belonging to or coming from third parties (Third Party Content), which is the result of intellectual activity and protected in accordance with the legislation of Montenegro.
11. RELEASE FROM LIABILITY. FORCE MAJEURE ( FORCE MAJEURE )
11.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of this Agreement as a result of emergency circumstances that the Parties could not foresee or prevent, namely: fire, natural disaster , war and hostilities of all kinds, civil and national unrest, blockade of transport, adoption by authorities and administration of acts that impede the fulfillment of the terms of this Agreement and other circumstances beyond the reasonable control of the Party, as well as failures that occur in telecommunications and energy networks.
11.2. In the event of force majeure circumstances, the deadline for fulfilling obligations under this Agreement shall be extended in proportion to the time during which such circumstances and their consequences are in force. If force majeure circumstances exist for more than 3 (three) months in a row, any Party will have the right to terminate the Agreement unilaterally.
12. OTHER TERMS AND CONDITIONS
12.1. Neither Party may assign its rights and obligations under the Agreement to third parties.
12.2. The Contractor reserves the right to amend the terms of the Offer and / or withdraw the Offer at any time at its discretion. If the Contractor makes changes to the Offer, such changes come into force from the moment the corresponding message is posted on the website.
12.3. The Customer agrees and acknowledges that the introduction of amendments to the Offer entails the introduction of these changes into the Agreement concluded and valid between the Customer and the Contractor, and these amendments to the Agreement shall enter into force simultaneously with such amendments to the Offer.
12.4. If the Offer is withdrawn by the Contractor during the term of the Agreement, the Agreement shall be deemed terminated from the moment of withdrawal, unless otherwise specified by the Contractor when withdrawing the Offer.
12.5. The Agreement may be terminated by agreement of the Parties at any time or on other grounds provided for by this Offer and / or the current legislation of Montenegro.
12.6. Complaint dispute resolution procedure is mandatory. The deadline for responding to a claim is 30 calendar days from the date of its receipt.
12.7. If it is impossible to resolve disputes and disagreements through negotiations, their resolution and consideration is carried out in court at the location of the Contractor in accordance with the current legislation of Montenegro.
12.8. This Agreement shall terminate after the Parties fully fulfill their obligations under the Course, in accordance with the Rules.
Requisites
Impresa individuale Dmitry Kuzmich
P.IVA: 12968910963
VIA MASACCIO 19 20149 MI MILANO
e-mail info@kuzmichnatali.com
