Rules of tobefit.eu portal
§ 1. Definitions
- Portal – internet service owned by the administrator at the web address www.tobefit.eu containing the set of web pages, used by the administrator to provide e-services.
- Administrator of the portal: INTERNET STANDARD LTD. With residence at 35-323 Rzeszów, 58/4 Marcina Filipa Street, registered in National Court Register supervised by District Court in Rzeszów 12th Economic Department of National Court Register No. KRS 0000352448 with the nominal capital 5 000,00 VAT No.
517-032-70-79 (Provider) www.tobefit.eu, e–mail: email@example.com, telephone +48.17.855.48.11, fax +48.17.855.48.11
- E-service – a service provided via an electronic mode in an automated way relying on sending and receiving data by teleinformatics systems in public telecommunication networks, customized (provided on an individual’s order) and realized without a simultaneous presence of both sides in one location via an Internet service.
- User (Service Recipient) – can be a natural person, legal person and organizational entity without legal personality, whose regulations give them legal capacity, using the portal and offered services at www.tobefit.eu.
- Newsletter – an electronic letter sent with the user’s authorization to their e-mail address given in the Form containing economic, marketing and trade information.
- Administrator of personal data – understood hereby as INTERNET STANDARD LTD. with residence in Rzeszów (Provider) that processes the personal data of the user in the scope that is indispensable to establish, shape the content, change, dismiss and proper realization of services provided via the electronic way.
- Price list – a document containing the information about the prices of offered services.
- Payments – transactions settlements with a credit card, e-transfer done by the User via the paypay.pl system
- Registry form – meaning the Internet form used by the provider in registering procedure of a user (recipient) that enables transferring the data indispensable for provider in the procedure.
- Comments – comments and other remarks present in portal
- Forum – discussion forum opened to registered users by the administrator that enables to post comments and conduct discussions.
§ 2. General Conditions
1. The herby regulations determine the rules of using the www.tobefit.eu portal.
2. The portal is destined mainly for natural persons interested in leading a healthy and active lifestyle, improving the condition and healthy lifestyle, however it does not exclude using the portal by legal persons and organizational entities without legal personality which are granted with legal capacity.
3. Using the portal www.tobefit.eu the user in the moment of registration confirms that they have read and accepted the Regulations
§ 3. The content of the portal/providing services
1. In the scope, without the necessity of registration, the Administrator provides the user the access to cost-free contents that enable to become familiar with the following:
- information concerning the Provider, financing the portal from the EU funds
- description of portal’s functionality and advantages that the portal brings to the User
- access to the portals of advertisements providers and affiliates by clicking their banners
- familiarizing with the Regulations of the portal usage
2. Paid services made available by the Provider at the portal are:
a) Customized diets generator application. The basic usefulness of the e-service is generating, based on customized variables, sets of diets. The diets will be generated on the basis of the parameters given by a purchaser as well as their flavor preferences. (E-service No. 1)
b) An application generating customized sets of treatments (food recommendations), generated on the basis of individual criteria for each purchaser, which take into account health condition of the purchaser of the e-service and that aim at improving it based on usage of natural minerals, vitamins, microelements and other ingredients present in the natural environment (E-service No. 2)
c). Application generating customized sets of exercises. The basic usefulness of this service is generating the set of exercises including expectations in terms of results, health condition and individual preferences of the purchaser. The purchaser will receive the possibility of correlation them (i.e. on the basis of predicted demand) with a proper diet offered at the portal. (E-service No. 3)
Cost-free option offered to the purchasers of e-service No. 3 is a service of a reminder, as an sms or e-mail, which will be sent to a purchaser who selected a particular option, with the purpose to remind the purchaser to perform their exercises. Sms or e-mail will also contain the set of exercises destined for the purchaser.
3. The access of the user to paid services require previous registration.
4. The administrator provides the user, after previous registration, with the possibility of cost-free using of the portal’s forum, access to the portal’s module that contains the history of the clients using e-services, calories calculators, BMI, and signing in to the mailing list in order to receive the newsletter.
5. The user declares that they accept the fact that selected services provided at the Portal have to be paid for.
6. The price list in available at homepage: http://www.tobefit.eu.
7. The usage of the content of the portal and the usage of offered services requires the following technical capabilities:
- a PC with the access to the Internet,
- a web pages browser software.
8. It is possible to use the portal via mobile devices e.g. smartphones.
§4. Registration, signing a contract of providing electronic services, cancellation of the contract.
1. Registration is done by filling in the form present at http://www.tobefit.eu/konto/rejestracja.html
2. In the registration process a user is asked to give the data required by the form. The data is input into the profile of a user, in the fields destined to it.
3. The registration process at the www.tobefit.eu Portal is free of charge. During the process a user declares that they are familiarized with the Regulations and they have accepted it.
4. The user filling in the information during the registration process guarantees that given data is true.
5. The user during registration agrees to process their personal data according to the Law on Personal Data Protection of 28 August 1997 (Law Gazette No.133, heading 883, as amended).
6. The condition of starting to use the services mentioned in §3 points 2-4 is performing the registration process by a user through filling in and sending the form as well as accepting the Regulations.
7. With the moment of registration and accepting the Regulations the user becomes a side of the contract of providing the electronic services, established between the user and the provider.
8. If the contract is established with the user who is a consumer defined by the article 22.1 of Civil Code, such a person can cancel the contract within the period of 10 days from the date of its establishing. In order to secure that period it is enough to send a declaration before it expires to the e-mail address of the Administrator of the Portal given in the Regulations
11. In accordance with the article 10, §3, point 1 of the Law dated on 2nd march 2000 concerning the protection of consumers’ laws and responsibility for a damage caused by a dangerous product (Law Gazette dated 31 March 2000 lat. am.) a user who is also a consumer declares their authorization to start providing the services via portal before the expiry of the period of 10 days counting from establishing the contract. Taking above into consideration, a user who is also a consumer, is not granted with the law of canceling the contract established in a distance on the conditions specified in the Law dated on 2nd march 2000 concerning the protection of consumers’ laws and responsibility for a damage caused by a dangerous product (Law Gazette dated 31 March 2000 lat. am.)
12. Each side has the authority do cancel the contract with an instant result.
13. The user is able to denounce contract by sending to the e-mail address of the Administrator: firstname.lastname@example.org, a demand of their profile deletion or deleting the profile by themselves. In case when the user expresses such a demand to the Administrator, their account will be deleted within 24 hours.
14. Canceling a contract by the Administrator is done through deleting the user’s profile.
15. The user is notified about the fact of their profile deletion via sms or e-mail.
16. Registration of the user at the Portal automatically creates a user’s account, accessible via received during the registration process login and password
§ 5. The rules of using the E-services
1. The people interested in purchasing one out of the three e-services, after clicking in an indicated tab will have to choose the form of payment:
a) single, where they will receive a generated set of diets, treatments and exercises for the period of 30 days.
b) subscription, where after the completion of the registration and paying the 12-moth-subscription, the client will receive the following possibilities:
- generating of combined sets of diets, treatments or exercises for the period of the subscription
- monitoring the progress achieved as the result of using the generated sets of diets, treatments and exercises
- using the comparisons module, comparing the one’s achievements during the way to the set up goal with the achievements of other users
- monitoring of the progress during realization of one’s assumptions by an application that enables setting up the measurements of the following values: weight, girth of body parts or body efficiency (e.g. the result of setting up the pulse values during performing of analogical exercises within different time breaks)
- making corrections (as a part of purchased e-service) in given sets of diets, treatments or exercises
- combining e.g., with taking into consideration goals planned to achieve, availability, caloricity of diet or the level of calories consumption through performing the exercises, sets of diets with proposed sets of exercises
- starting up the application that will allow to use the portal’s content via smartphone-type devices
2. After selecting of one of the options the system will generate the series of questions (50-110) indispensable to generating the set of diets, treatment and exercises precisely customized. The subject matter of the questions is connected with: purchaser’s expectations, their lifestyle, history of sickness and present sickness, culinary preferences, previous experiences with attempts of improving the health condition with natural measures, parameters such as: weight, sex, height
3. They will be closed-type questions
4. After receiving the answers to the series of questions the system will generate an individualized e-service, which will be accessible for the user after making the payment.
5. The purchase of the service is done through clicking the button „Buy”. The user will be directed to the payment web page where they will choose the method of payment. After selecting the method, the payment is done in accordance with it.
6. Purchased e-service becomes available for the user in the moment of receiving information by the portal that the payment was performed, the user is informed about that fact via e-mail or sms (the information about the availability of the service)
§ 5 . The access to the information and materials as a part of purchased e-services
1. The application will be available to the user in any chosen place and time chosen by them (without point No. 2) via the PC computer set, laptop, smartphone device, providing that they are connected to functional, public internet connection regardless the type of web page browser.
2. The user making a payment is granted with the access to information and materials being part of offered e-services for the period:
- 1 month from the date of informing the user about the availability of e-service purchased for the period pointed in paragraph 5 point 1
- 12 months from the date of informing the user about availability of the service purchased for the period pointed in paragraph 5 point 1 b
3. The period of 30 calendar days is counted from the day of informing the user about the availability of the service (first day of availability)
4. The period of 12 months is counted from the month in which the user is informed about the availability of the service (first month of availability)
5. After termination of the above-mentioned terms the user still possesses the login and password however the access to information being a part of paid e-services will not be active and will require making selection of a paid service and making payment.
§ 6 Payments
1. The user may select from the following payment options:
b/ credit card
2. The credit card and e-transfer payments are made through the paypay.pl
3. Making payments means accepting the regulations of payments in paypay.pl service
4. In case making payments via sms the chargé for sending the message to the pointed address will be calculated by the user’s telephone services provider.
5. The service provider may distribute discount vouchers.
6. The User may use discount vouchers that enables a 10% discount in case of purchasing another service and other services after purchasing a second service.
7. At the stage of making payments the purchaser will be able to use a discount code that will be put into a specially created application. The code will be sent to the user via e-mail or sms. beforehand.
8. After completion of the payment, after a previous verification its correctness by the system, a client will receive a confirmation of completing of the transaction via e-mail or sms.
§ 7. Newsletter
1. The user who registered themselves may order a newsletter of the service
2. Ordering of the newsletter is free of charge
3. The user may in any moment quit from the subscription of newsletter sending information concerning quitting from the subscription to the e-mail address of the Administrator given in the Regulations
4. Sending newsletter is done to the e-mail of the User.
5. Ordering the newsletter the user agrees to receive trade and advertisement information to their e-mail address given during the registration process, the information is sent by the Administrator.
§ 8. Using the forum
1. A user registered in the service is authorized to use the forum portal
2. Administrator secures the access to the forum for all the users who performed the registration process and accepted the Regulations.
3. The user registers their presence at forum through their identification name (Nick)
4. The nick cannot be similar to another user of the forum, it cannot be a trade or commercial mark or a vulgar statement. Such nick will not be accepted
5. The forum is only an area of free expressions of the users who use it. The responsibility for posted statements is beard by the people who post them.
6. Any statements that bear characteristics of commercials cannot be posted at forum, as well as the statements of third persons protected by the laws of copyrights and similar and by the law of industrial property.
7. The administrator has the right to ban the access to the statement that violates regulations, law, as well as to the ones that are in contradiction to the themes of the portal and to vulgar statements and the statements being in contradictory to good practices, the administrator also bears the right to delete such statements.
8. The administrator also has the right to call for technical breaks in functioning the forum.
9. All the notices and objections connected with using the forum and its functioning can be sent to the administrator to his e-mail address pointed in the Regulations.
§ 9. Complaints
1. All the irregularities connected with functioning the portal, including the ones connected with offered services can be reported by the user to the Administrator by sending the complaint form.
2. The complaints can be sent with the using the form available at the web page http:// www.tobefit.eu/kontakt.html
3. All the complaints reported by the user will be verified by the administrator in the period of 14 days from the date of their reporting.
§ 10. Personal data protection
1. At the stage of registration process and filling in the form, the user agrees on sending the personal data, and the data given during the usage of the service, to the database of the administrator as well as on the processing of personal data according to the Law of Personal data Protection of 29 August 1997 (Law Gazette of 2002, No. 101, item 926 lat. am.) in the purposes connected with marketing and information as well as on processing the data in the future if the purpose for which the data is processed does not change – according to the item 23 of the given above Law.
2. The administrator of personal data in accordance with the Law of Personal data Protection of 29 August 1997 (Law Gazette of 2002, No. 101, item 926 lat. am.) can be the subject pointed in the § 1 of the herby Regulations as the Administrator of personal data.
3. The Administrator of personal data may, on the basis of the art. 31 of the mentioned above Law of 29 August 1997, transfer the processing of personal data to other subject under the condition of written contract
4. The administrator cares about the safety of personal data made available to them and secures its safety preventing from the access of unauthorized persons to it.
5. Administrator provides the user with the access to current information concerning the technical measures that prevent acquiring and modifying by the unauthorized persons the personal data sent via electronic way.
6. The user has the right to the insight and modification of their personal data.
§ 11. Responsibility of administrator (services provider)
1. The administrator will do everything in order to assure the correctness of portal’s working.
2. The administrator does not bear responsibility for the network failures, deactivating of the system caused by the necessity of its maintenance.
3. The administrator does not bear responsibility for the content of commercials posted and statements of the users
4. All the information and materials placed and available as a part of the portal’s offer have the purpose to make accessible the information to the users interested in leading a healthy and active lifestyle, improving their physical condition and healthy lifestyle, as well as to broaden the knowledge of the users in these areas. A proposed set of exercises to the users, diet or nutrition habits, does not replace a professional medical consultation or recommendation that results from a user’s health condition.
§12 Final statements
1. All the issues that are not included in the Regulations are the subject of Polish law.
2. The herby regulations can be changed by the administrator at any time.
3. All the changes in the regulations are valid from the date of their publishing at the portal.
4. The using of the portal by the user after the change in Regulations is equal with the acceptance of the new Regulations
5. The herby Regulations is valid from 20th April 2012