Terms and rules of using the online trainings on the www.formfactory.cz and fitness.formfactory.cz

This Terms and Rules of using electronic services such as online trainings (hereinafter: “Terms and Rules”) specify the principles and ways of using the online trainings offered by Form Factory s.r.o., Vinohradská 2405/190, 130 00 Praha 3, ID no. 05785880 (hereinafter: “Form Factory” or “Company”).

I. BASIC RULES OF USING THE ONLINE TRAININGS

  1. Access to the online trainings is an electronic service (hereinafter: “Electronic Services”), offered by Form Factory via the Company’s website – www.formfactory.cz and fitness.formfactory.cz (hereinafter: “Website”).
  2. Using the Electronic Services may take place only under this Terms and Rules.
  3. Any content posted on the Website, such as: text, graphics, logos, icons, images, photos, audio files, video files, data files, presentations, programs and any other data (hereinafter: “Content”) are protected by property rights intellectual, in particular copyrights and related rights of Form Factory or entities with whom Form Factory has concluded a contract for the use of the Content for the purposes of running the Website. No part of the Content published on the Website may be reproduced or distributed in any form and in any way without the prior written consent of Form Factory.
  4. It is forbidden for the “User” (the person, who uses the online training ) to use the Website or the Content or Electronic Services provided by the Form Factory in a manner that is against the law, morality, personal rights of third parties or legitimate interests of Form Factory.
  5. The User is entitled to use the Website and the Content only for her/his own use, for non-commercial purposes, without the right to public use the Website, the Content or any part thereof, without the prior written consent of Form Factory.
  6. Before starting the exercises or trainings provided in the Content, the User should consult a doctor or other specialist.

II. SCOPE OF SERVICES. CONCLUDING AGREEMENT FOR PROVISION OF ELECTRONIC SERVICES.

  1. Online trainings are provided for “Active Members” of Form Factory (persons, who possess already the Membership) and for the Users, who fulfilled the Registration Form and at the same time gave consent for receiving commercial messages.
  2. The Agreement for provision of Electronic Services (hereinafter: “Agreement”) is concluded by a way of fulfilling and sending the Registration Form.
  3. If the User does not want to grant her/his consent for receiving commercial messages in order to obtain access to the Content, then it is possible to use the Electronic Services only after becoming an Active Member of Form Factory.
  4. The Agreement may be concluded only with the Users who are natural persons and have full legal capacity.
  5. The User shall inform the Company of any changes in her/his personal or contact details stated in the Registration Form and/or the Client Zone, without undue delay after such change occurred.
  6. The User shall not make available her/his personal data and password, provided in the Registration Form and/or the Client Zone to the third parties. In case of revealing of the personal data necessary to log in, the User is obliged to change the password immediately.

III. RIGHT OF WITHDRAWAL

The User has the right to withdraw from the Agreement without giving any reasons within 14 days from the date of fulfilling and sending the Registration Form.

IV. TERM AND TERMINATION

  1. The Agreement is concluded for an indefinite period. The Agreement may be terminated at any time by the User without giving any reason. The termination notice must be submitted in writing, or by e-mail at the contact details provided under article V item 1 below.
  2. Form Factory is entitled to immediately terminate or suspend the performance of the Agreement, if:

a) force majeure or other exceptional event occurs, due to which, despite due diligence, it will not be possible to provide services in accordance with the contract,

b) the User provides false data,

c) the User breaches the provisions of these Terms and Rules,

d) the User withdraws consent for receiving commercial messages.

  1. Given consent for receiving commercial messages is a condition to have access to Electronic Services with locked Content without any payment. Withdrawal of consent causes the lack of possibility to have access to Electronic Services and the Content.

V. CONTACT AND COMPLAINTS PROCEDURE

  1. The User may contact Form Factory regarding Electronic Services, including submitting complaints:

a) in writing to the following address: Form Factory s.r.o., Vinohradská 2405/190, Vinohrady, 130 00 Prague 3;

b) by email: osobniudaje@formfactory.cz.

  1. Notifications and complaints should contain a description of the event and/or problem which is the subject of the notification or complaint and contact details enabling Form Factory to provide a response.
  2. Form Factory will respond to the complaint submitted by the User and notify her/him of the manner of considering the complaint within 30 (thirty) days of its receipt.

VI. ACCESSING AND CHANGING THE TERMS AND RULES

  1. The Terms and Rules are available on the website https://www.formfactory.cz/ and https://fitness.formfactory.cz in a form that enables its acquisition, playback and saving (e.g. by printing or saving on a computer disk or other data carrier).
  2. Form Factory reserves the right to amend this Terms and Rules.
  3. Form Factory is also entitled to change the content of the Website and Electronic Services, including the Content.
  4. Each User will be informed about any changes to this Terms and Rules and/or any significant changes to the content of the Website and/or Electronic Services by posting information about such changes on the Website and by sending them to the User’s e-mail address.
  5. The changes will enter into force on the date indicated in the information about the change, but not earlier than 14 days from the date of notification of the change.

VII. USER’S PERSONAL DATA

  1. Form Factory is a controller of the Users’ personal data.
  2. Users’ personal data in the scope of indicated in the Registration Form, are processed for the following purposes:

a) performance of Agreement (legal basis – Article 6 (1) (b) of the GDPR);

b) receiving commercial messages (legal basis – Article 6 (1) (a) of the GDPR);

c) pursuing claims by Form Factory or defending against claims on the basis of a legitimate interest in the form of protection of its rights (legal basis – Article 6 (1) (f) of the GDPR);

d) for the purpose of direct marketing, including profiling (Article 6 (1) (f) of the GDPR);

e) conducting analyzes and statistics for marketing purposes and testing satisfaction with the services offered (legal basis – Article 6 (1) (f) of the GDPR).

  1. The consent given for receiving commercial messages is granted voluntarily and it can be recalled at any time, either by email at osobniudaje@formfactory.cz or in writing at the Company´s address, or by recalling the consent via each commercial message sent to the User by email.
  2. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
  3. The User grants the consent for the period of 10 years following the signature of this consent or until she/he recalls the consent.
  4. The Company may transmit Users’ data to its suppliers providing services in the field of media services, marketing or sending messages and parcels and eventually to other Form Factory Group companies (such as Beck Box Club Praha s.r.o., ID no.: 25734083). Form Factory also transmits personal data to the IT system provider (eFitness Sp. z o.o., KRS no.: 0000334295, Poland).
  5. As a rule, the Users’ personal data are not transferred outside the European Economic Area (EEA). Some entities, to whom Form Factory may transfer Users data, have their registered offices outside the EEA. The Company makes every effort to ensure that data are transferred in compliance with the law, and to implement suitable safeguards.
  6. Providing personal data is not compulsory but may be necessary for the User to have access to online training. Registration Form used to collect data clearly indicate the data which must be provided.
  7. If the User wishes to exercise any of her/his rights in connection with the processing of personal data or have another question or complaint regarding processing, she/he shall contact Form Factory by post or e-mail at the contact details provided above.
  8. More information about processing personal data can be found on the Website under the Privacy policy section.

VIII. FINAL PROVISIONS

  1. In matters not regulated by this Terms and Rules, the provisions of applicable law shall apply.
  2. In the event any provisions of this Terms and Rules are deemed invalid, does not affect the validity of the remaining provisions.
  3. This Terms and Rules do not exclude or limit any consumer rights which they are entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the regulations and the mandatory provisions of law granting consumers specific rights, these provisions shall prevail.