OFFER TO CONCLUDE AGREEMENT REFUNDABLE PROVISION OF PAID SERVICES
DATE OF PUBLICATION: 01.09.2019 Г. ENTRY DATE: 01.09.2019Г.
1. GENERAL STATEMENTS
This present Agreement is a public agreement (public offer), which is based on Electronic Commerce Act, 2000.
The company which is registered on the territory of Сanada under the trade name "Body Harmony Inc." Alberta Corporate Number: 2024427649 offers any Individual (hereinafter referred to as the “Customer”), who has expressed a willingness to use the services of the Contractor and to conclude a Public Offer Agreement (hereinafter referred to as the “Agreement”), by accepting it.
If the mentioned terms are accepted and the payment is performed, the Individual making the acceptance of this Offer becomes the Customer.
The only, complete and unconditional accept of the present Public Offer is considered to be the fact that the Customer has paid for the services provided by the Contractor according to the terms of the Agreement by clicking on the «Apply» button and performing the following actions on the Contractor’s website at: https://thetgym.com (hereinafter referred to as the “Contractor’s Website”.
The Public Agreement performed in accordance with above procedures does not require registration on paper and is fully valid and applicable.
Upon the payment the Customer is considered to be acknowledged and acceded with the present Public Offer.
2. TERMS AND DEFINITIONS
The Parties has agreed on the usage of the following terms and definitions to conclude the present Agreement:
2.1 The Platform is a specialized virtual platform with all electronic materials (software package) located at https://getcourse.com/
2.2 The Participation Package is a virtual class for training located on the Platform, which is chosen by the Customer and administrated by the Contractor. The Customer becomes the member of this Platform based on their personal account.
2.3 Telegram Chat is the place where the direct communication of the Customer and the Contractor is conducted or the place where the Customer achieves the necessary electronic materials without the opportunity of communication according to the chosen Participation Package.
2.4 Personal Account is the personal profile of the Customer in the Platform, the access to which is available to the Customer after the registration on the Contractor’s Website. The Personal Account contains the application form which should be filled in by the Customer.
Information materials, the rights to which belong to the Contractor and/or its counter parties, placed by the Contractor in the personal account, namely: author's training and nutrition programs, video materials (including video training), articles and any images, audio lectures, as well as any other electronic materials.
3. SUBJECT OF THE AGREEMENT
3.1. The subject of the Agreement is the paid provision by the Contractor of a set of services related to conducting classes with the Customer in order to achieve the necessary physical indicators (hereinafter referred to as “Services”).
3.2. Content of the Services:
3.2.1. Depending on the paid Participation Package the analysis of the physical condition of the Customer (including sports opportunities) is based on the data of the Customer's application form in the Personal Account.
3.2.2. Depending on the paid Participation Package Enrollment of the Customer in the required category of participation.
3.2.3. Depending on the paid Participation Package Provision of the limited or unlimited access to the Content.
3.2.4. Depending on the paid Participation Package Conduct of the continuous provision of consultations around the clock via Telegram Chat or with the help of technical support on the Contractor's website.
3.3. The Contractor does not provide educational services of an official educational institution and does not issue any certificates or licenses. The Contractor does not engage in medical or any other medical practice. The Contractor does not provide the services of a gym or aerobic gym, does not provide the services of a personal trainer.
3.4 The Customer is fully aware that the result of the provision of Services depends entirely on their diligent and conscientious performance of the tasks of the manager, as well as other mentors determined by the Contractor within the framework of the provision of Services. The Customer is fully aware that the Contractor under no circumstances can be and is not responsible for the result of the training.
3.5. If the Customer violates the training and nutrition programs offered by the Contractor or violates the training schedule and / or skips training and / or does not perform the recommended physical exercises, the nutrition plan, 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.
4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
4.1. The Contractor is obliged to:
4.1.1. Provide Services properly under this Agreement.
4.1.2. Start providing Services immediately after receiving the full cost of Services to the Contractor's account, registration the Customer on the Contractor's Website and filling out the application form in the Personal Account for the first time.
The start date of the provision of Services may be postponed for an appropriate period if the inability to start the provision of Services is due to the failure/improper performance of the Customer's obligations under the Contract.
4.1.3. Provide Services during the specified period, at the conclusion of this Agreement, but in any case, no more than the period paid by the Customer.
4.1.4. Give the Customer, if necessary, explanations on the implementation of nutrition and training programs through the round-the-clock online Telegram Chat.
4.1.5. Provide the Customer's communication with the managers, nutritionists and other specialists of the Contractor is conducted privately.
4.1.6. The Services are considered to be properly provided and accepted by the Customer if the Contractor has not received written reasoned objections from the Customer within 5 (five) days after the end of the provision of Services. After the specified period, the Customer's claims regarding the shortcomings of the Services, including in terms of quantity (scope), quality and cost, are not accepted.
4.2. The Contractor has the Right to:
4.2.1. On a stand-alone basis, using the means and methods described above, to provide Services to the Customer.
4.2.2. Require the Customer to perform the training and nutrition programs posted in the Personal Account that the Customer is a member of, perform physical exercises in accordance with the video materials posted in the Personal Account, and the nutrition plan. During the provision of Services, the Contractor has the right to require the Customer to perform certain tasks — certain actions that allow the Contractor to check and make sure that the Customer has acquired the information received during the provision of Services, and to assess the level of the Customer's abilities.
4.2.3. Require the Customer to provide information about their current status by filling out an application form in the Personal Account, or, if necessary, upon request.
4.2.4. The Contractor has the right to refuse to provide the Services, without refund, by sending the Customer a corresponding notification if the Customer threatens the Contractor with any actions, harms the process of providing the services, shows aggression towards the Contractor, violates generally accepted norms of behavior during the entire period of providing the Services.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The Customer is obliged to:
5.1.1. Provide the Contractor, upon request, as well as by filling out an application form in the Personal Account, with reliable information and data necessary for the provision of Services.
At the conclusion of the Contract, the Customer is obliged to register on the Contractor's Website, get access to the Personal Account and make the initial filling out of the application form posted in it.
5.1.2. Perform and fully comply with the nutrition and training programs posted in your Personal Account.
5.1.3. Immediately report negative changes in health status, as well as any discomfort that may result from the implementation of training and nutrition programs.
5.1.4. Not to reproduce, copy, distribute, or use in any other way, for any purpose, the Content of the Class, except for personal use in order to achieve the purpose of the Agreement.
5.1.5. Not to take actions to post meaningless, useless, or advertising information in the Class, as well as any illegal, defamatory or threatening messages, including messages that are contrary to the laws of Canada.
5.1.6. In the marathon chats, it is strictly forbidden to create alternative communities and invite participants to them, publish any kind of links to chats and communities, respectively. If you violate this rule, we will be forced to block and remove you from the general chat and marathon.
5.1.7. Not to transfer the username and password of the account in the Platform that the Customer uses to participate to any third parties, and strive to ensure the secrecy of the specified username 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 is not responsible for the provision of Services to the person who obtained the Customer's account data in any way, and also is not obliged to compensate for the money paid and/or the period of time during which the Customer's login and password were actually in the possession of a third party.
5.1.8. Not to use any means of agitation and incitement of other Class participants in order to use any products or services that are competitive for the Contractor, not to post information in the Class that in any way discredits the Contractor, including data about the Customer's failure to achieve any desired results.
5.1.9. Immediately notify the Contractor of cases of loss or theft of the login and/or password of the Customer's account in the Platform.
5.1.10. Only persons who have reached the age of 16 can take part in the marathon.
5.2. Rights of the Customer:
5.2.1. Require the Contractor to properly provide the Services.
5.2.2. Receive advice, if necessary, at any time in the online chat, including on the technique of exercises when conducting independent training using the provided Content.
5.2.3. If necessary, and subject to the approval of the Contractor, make the transition to a more advanced Participation Package.
5.2.4. To unilaterally refuse to provide Services by sending a corresponding notification to the Contractor by e-mail:
In the case of such a refusal, the Agreement will be considered terminated from the day following the date of receiving of such notification by the Contractor.
6. REFUND POLICY
6.1. In the event of an illness or force majeure situation for the Customer, the Contractor transfers participation in the paid marathon to the next set or set, when the Customer will be able to participate without harm to his health. The transfer takes place upon presentation of documents about the illness, no later than the 10th day of the marathon. If the documents are submitted later, the transfer is not possible. No refunds are provided.
6.2. In case of unilateral refusal of the Customer from the Services for his personal reasons and refusal to transfer to the next set, the Contractor undertakes to return the unused cost of the Services within 30 (thirty) days after receiving the Customer's notification.
6.3. The unused cost of Services is calculated in proportion to the scope of Services provided, that is, less the cost of Services for the period during which the Services were provided by the Contractor. When returning the unused cost of Services, the Contractor withholds the amount of applicable tax, as well as the commission of the operator of the electronic payment system used to pay for Services.
7. RETURN POLICY
7.1. All the services and products are delivered online, the return of the products is not provided.
8. DELIVERY POLICY
8.1. Body Harmony Inc. uses PayPal as third party payment provider. Body Harmony Inc. does not hold any payment details of users.
All Services and Products purchased through the Body Harmony Inc. are delivered online. All delivery information is listed on the website prior to purchase and a customer’s delivery information is listed in the confirmation email. When your participation package is chosen and the payment is carried out, you will receive an email with the further details and the access to the Telegram chat.
9. PAYMENT POLICY
9.1. The Customer pays for the services once and in full, and no additional payments are charged during the period of provision of the Services.
Regardless of the Participation Package chosen by the Customer, the Contractor guarantees the provision of the entire range of Services in accordance with this Agreement.
9.2. The Customer has the right to conclude an Agreement with the Contractor for a new period at the end of the selected and paid period for the provision of Services.
At the end of the service period, the Customer is automatically deprived of access to the content.
9.3. Services are provided on condition of their 100% advance payment by the Customer.
Payment for the service is considered an automatic confirmation of the Customer's acceptance of all the terms and conditions of this present Agreement. If the payment is not made, the Contract is considered not concluded.
10. GUARANTEES AND RESPONSIBILITIES
10.1. The contractor does not provide the services of a medical institution. Information about the health of the Customer is accepted only from the words of the Customer, as well as by filling out An application form in the Personal Account. The customer is personally responsible for the accuracy of information about their health.
10.2. The Contractor is responsible for providing qualified specialists for the purpose of providing Services.
10.3. Photos of Customers and their texts may not be publicly displayed by the Contractor (to third parties) without their consent.
10.4. The Customer is fully aware that there are cases of hidden health problems, which may not be known to the Customer themselves. The Customer must understand that the Services are intended for relatively healthy people who are not contraindicated for physical activity.
10.5. The Customer is fully aware that the training carried out independently within the framework of the programs developed by the Contractor, involving the use of any sports equipment, as well as any physical exercises, may result in damage. The Customer understands this and voluntarily assumes responsibility for receiving any type of damage from which they may suffer physically and / or mentally. The Customer agrees that the Contractor or its representatives are not responsible for any damage that may be received during the training.
10.6. The Contractor is not responsible for the failure of the Customer to achieve the expected results, or the non-compliance of the result with the expectations of the Customer, since the Contractor does not have the ability to fully control the implementation of the programs developed by the Contractor.
10.7. The Contractor's liability is limited to the cost of providing Services in accordance with this Agreement.
10.8. Visiting the Website or purchasing Services may be illegal in the country where the Customer is located.
10.9. The Customer is responsible for non-compliance with the laws of their country when visiting this Website and attempting to purchase services, if such are prohibited by law in the territory of the country where the Customer is located.
11. PROCESSING OF THE PERSONAL DATA OF THE CUSTOMER
11.1. By providing the information necessary for the provision of Services, the Customer provides the Contractor with their personal data. The Customer hereby expresses his consent to the processing of the personal data transmitted by them.
11.2. After providing the Services, the Contractor undertakes to delete all the Customer's personal data, including correspondence, photos, video materials, and audio recordings of the Customer's speech.
11.3. The Contractor guarantees that the Customer's personal data cannot be transferred to other individuals.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. The exclusive rights to the Content belong to the Contractor and / or its counter parties.
12.2. The Customer has the right to use the Content exclusively for personal, non-commercial purposes to achieve the purpose of the Agreement.
13. FINAL PROVISIONS
13.1. The contract is a complete agreement between the Contractor and the Customer.
13.2. The Contractor assumes the terms and obligations with respect to the subject matter of the Agreement, only those specified in this Public Offer Agreement, and no others.
13.3. Matters not covered by this Agreement are governed by the applicable laws of Canada.
13.4. In the case of disputes and disagreements, the Parties will make every effort to resolve them through negotiations or through a claim procedure. The term of consideration of the claim is 30 (thirty) days from the date of its receiving.
13.5. If it is impossible to resolve disputes and disagreements through negotiations or in a claim procedure, the Parties have the right to refer the dispute to the court of general jurisdiction at the location of the Contractor. Disputes between the Parties are resolved in accordance with the current legislation of Canada.
13.6. The Agreement is enacted from the moment of 100% payment for Services by the Customer of this Public Offer and is valid until the Parties fully fulfill their obligations.
Trade Name: "Body Harmony Inc." Current Business Address - Calgary, Alberta