GENERAL BUSINESS, USER AND PAYMENT TERMS AND CONDITIONS

1. General Provisions

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.  Please note that Section 6 contains certain changes to the general terms for users outside the United States.

Date of Last Revision: January 30, 2015

The Provider of training system on the portal www.workoutic.com is company Fit Style Factory LLC., having its registered seat at: 831 10th Street, Miami Beach, Florida, USA providing the sale of Workoutic membership.

These General Terms and Conditions determine the rights and obligations arising from the provision of services on the portal www.workoutic.com.

User is a natural person utilizing services of the portal www.workoutic.com.

2. Terms Definition

Registration is a set of data required from new user by the portal Provider in order to enter the portal www.workoutic.com to be able to use its free and paid services. Registration is free and its condition is consent to the processing of personal data.

The Workoutic membership levels are SILVER, GOLD and PLATINUM. Particular levels differ in the number of articles, possibly services, available for the member.

3. Services Specification

  • 3.1 Services of the portal www.workoutic.com are provided exclusively via the internet. The condition for using the services is registration and acceptance of the General Terms and Conditions and consent to the processing of personal data.
  • 3.2 The user is aware that services provided by the portal www.workoutic.com require an actual version of the internet browser in order to run correctly. All common internet browsers are supported.
  • 3.3 The user is aware that all provided information represent Provider’s opinions.
  • 3.4 The user states that in case of any, even little, health problems before/throughout/after using Provider’s services, he will contact the doctor and consult his diet and physical activity.
  • 3.5 The user is aware that he is fully responsible for any damage caused to his life, health or even property before/throughout/after using Provider’s services.

4. Rights and obligations of the Provider

  • 4.1 Provider is obliged to ensure a proper functioning of the educational portal www.workoutic.com by all available means. The Provider does not guarantee correct functioning and occurrence of hidden errors.
  • 4.2 The Provider is entitled to claim the compensation for any damage caused to him by user.
  • 4.3 The Provider is entitled to shut down the portal for technical maintenance without prior notification.
  • 4.4 The Provider is entitled to claim a proper payment according to the price list for services provided.
  • 4.5 The Provider is obliged to protect personal data of all users in accordance with the provision of the Act No. 122/2013 on Personal Data Protection.

5. Rights and Obligations of the User

  • 5.1 The User is obliged to use the portal www.workoutic.com only for restricted purpose.
  • 5.2 The User is entitled to the delivery of services after a payment of full amount according to the valid price list.
  • 5.3 The User is obliged to protect his access data to the system in order to prevent a misuse.
  • 5.4 The User is aware that purchased services subject to the Act No. 618/2003 Coll. on Copyright and Related Rights. Unauthorized copying, duplicating or other intervention is prohibited.
  • 5.5 The User is entitled to cancel sending promotional emails.

6. Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with www.workoutic.com outside the United States:

  • 6.1 You consent to having your personal data transferred to and processed in the United States.
  • 6.2 If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on www.workoutic.com or operate a Platform application or website. You will not use www.workoutic.com if you are prohibited from receiving products, services, or software originating from the United States.

7. Price, Payment and Delivery Conditions

  • 7.1 Registration on the portal www.workoutic.com.
    • 7.1.1 SILVER membership is FREE
    • 7.1.2 GOLD membership 9.90 USD
    • 7.1.3 PLATINUM membership 49.9. USD
  • 7.2 The user can get a discount on the purchase of points if he registers with the use of a recommendatory code or special discount code.
  • 7.3 The payment for services can be made by credit card, PayPal, Android Pal and Apple Pay.
  • 7.4 Delivery date after purchasing the services is upon the successful electronic transaction.

8. Complaints

  • 8.1 The User is entitled to file a complaint after determining a reason for the complaint. The User is obliged to state a proper reason for the complaint, possibly send a proof of the defect (e.g. in the form of screenshot) on the e-mail address info@workoutic.com.
  • 8.2 The Provider is entitled to refuse a complaint if there was only temporarily disruption of provided services not longer than 12 hours.
  • 8.3 The Provider is obliged to process a complaint within 30 days after its receipt.

9. Copyright

  • 9.1 The User is entitled to use materials from the portal www.workoutic.com only for personal, non-commercial purpose and subject to compliance with all statements of copyright and ownership contained in the original materials and all copies of the materials. The User is not allowed to anyhow change, publicly display, perform, distribute or differently use materials from this portal for public or commercial purpose. It is prohibited to use materials published on www.workoutic.com on other websites without prior agreement of the Provider. Materials on the portal are secured by copyright. An unauthorized use of materials from the portal www.workoutic.com constitutes an infringement of copyrights, which has civil and criminal consequences.
  • 9.2 The User is not authorized to copy or distribute any materials purchased on this website, so the materials cannot be used for User’s own enrichment.
  • 9.3 The User is not authorized to provide his login details to a third party.
  • 9.4 The User is not authorized to allow others to see the courses he purchased.
  • 9.5 The Provider reserves the right to block an user account in breach of any of the points 9.1, 9.2, 8.3 and 9.4 of this paragraph.

10. Security

  • 10.1 The User does not have to worry about misuse when paying with credit card. We use a verified payment gateway with the protocol 3-D secure, supported by Credit card associations. All internal information (passwords, names, operations) are encrypted. In order to increase the speed, general information are not encrypted (information about individual service lines).

11. The Consumer’s Right to Cancel the Contract

  • 11.1 The consumer does not have the right to cancel the contract in case of contracts:
    • 11.1.1 of providing Services, if their performance was commenced with his consent and before the expiration of 14 days term from receipt of performance,
    • 11.1.2 of delivery of goods and services, which price depends on fluctuations of financial market, beyond the will of the seller,
    • 11.1.3 of delivery of goods adjusted as required by the buyer or his person, including goods subject to rapid deterioration, wear or obsolescence,
    • 11.1.4 of delivery of audio or video tapes and computer programs, if buyer damages their original packaging,
    • 11.1.5 of delivery of newspapers, periodicals and magazines,
    • 11.1.6 consisting in a game or lottery.

12. Privacy Policy

  • 12.1 Privacy of the buyer who is a natural person is governed by Act. no. 122/2013 as amended.
  • 12.2 The User agrees to process following personal data: name and surname, address, e-mail address and telephone number (hereinafter referred to as “personal data”).
  • 12.3 The User agrees to the processing of his personal data to the sellers in order to realise the rights and obligations resulting from the contract of purchase and for the purpose of user’s account maintenance.
  • 12.4 The User is aware that he is obliged to enter his personal data (at registration, on his user account, when ordering within the web trade interface) accurately and truthfully. The User is obliged to contact the seller immediately after any change in his personal data.
  • 12.5 The seller may appoint a third party to process the personal data.
  • 12.6 Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed non-automated manner.
  • 12.7 The User confirms that given personal data are correct and given voluntarily.
  • 12.8 In case, the User assumes that seller or processor (Art. 12.5) processes his personal data inconsistently with the Privacy Policy or contrary to the law, especially when personal data are inaccurate with respect to the purpose of their processing, he may:
    • 12.8.1 ask seller or processor for an explanation,
    • 12.8.2 require seller or processor to remedy such a state.
    • 12.8.3 If the User requests information about processing his personal data, the seller is obliged to provide these information. For providing information according to the previous sentence the seller is entitled to ask for a reasonable compensation not exceeding the costs required to provide the information.

13. Other

  • 1. This Statement is an agreement between you and Fit Style Factory LLC.  References to “us,” “we,” and “our” mean Fit Style Factory LLC.
  • 2. This Statement makes up the entire agreement between the parties regarding www.workoutic.com, and supersedes any prior agreements.
  • 3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  • 4. If we fail to enforce any of this Statement, it will not be considered a waiver.
  • 5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
  • 6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  • 7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • 8. Nothing in this Statement shall prevent us from complying with the law.
  • 9. This Statement does not confer any third party beneficiary rights.
  • 10. We reserve all rights not expressly granted to you.
  • 11. You will comply with all applicable laws when using or accessing www.workoutic.com.

14. Final provisions

  • 14.1 These General Terms and Conditions apply as stated on the Provider’s website and are valid at the date of sending an electronic order, if the two parties did not agree otherwise.
  • 14.2 The Provider reserves the right to change these General Terms and Conditions. The obligation of written notification of such change is fulfilled by its displaying on the Provider’s website.
  • 14.3 By sending an order via Provider’s website, the User accepts without reservations all provisions of General Terms and Conditions as amended at the date of sending the order.

Miami Beach, 1st of January, 2017