This contract is a public contract (public offer pursuant to paragraph 2 of Article 437 of the Civil Code) Ltd. GBS Group, hereinafter referred to as Performer, acting under the Charter, to any individual who expressed his willingness to take advantage of the Contractor's services and accept the terms of this agreement (hereinafter the Agreement ), hereinafter referred to as the Customer.
In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (Civil Code) if the conditions set out below, and payment services, the person conducting the acceptance of this offer, the customer becomes.
Full and unconditional acceptance of this public offer is considered to be the fact of payment services to the Customer, provided by the Contractor in accordance with the terms of the Agreement, by clicking the buy button on the website of the Contractor at tenweek.com (hereinafter the Contractor's site).
Public contract committed in the above manner, shall be deemed concluded in writing, does not require registration in hard copy and in full force.
Since the commission of customer acceptance is considered to have read and agree to this Public Offer, and in accordance with the Civil Code of the Russian Federation is considered to be entered with the Contractor in the contractual relationship in accordance with the terms of the Treaty.
The Contractor has the right at any time to change the terms of service and conditions of the Agreement unilaterally without prior agreement with the customer, providing the publication of changed conditions on the Contractor's site at least one day prior to their entry into force.
2. Terms and Definitions
For the purposes of the Agreement the Parties agreed to use the following terms and definitions:
2.1. Social Network - social network www.vk.com
2.2. Groups in Social Network, administered by the Contractor's forces, a member of one of them becomes a customer on the basis of its in the social network account.
2.3. Contents information materials, the rights to which belong to the Contractor and / or its contractors placed Contractor forces in the Group, namely: author's programs of training and nutrition, videos (including video training), tutorials, any images and any other material posted on the discretion of the Contractor and used to provide services.
2.4. Personal account of the Customer personal page on the Contractor's site, access to which is made available to the Customer upon registration on the Site Contractor. My Account contains love, binding the Contractor to the filling.
3. Subject of the Agreement
3.1. The subject of the Contract is the provision of compensatory Contractor complex services related to the training of the Customer, in order to reach them with the necessary physical characteristics, normalization of weight and diet (the Services).
3.2. Service Content:
3.2.1. Analysis of the physical condition of the Customer (including, sporting opportunities) on the basis of the Customer Profiles in the Dashboard.
3.2.2. The customer receives personalized recommendations, but no earlier than the initial analysis of the physical condition of the Customer in accordance with para. 3.2.1 of the Agreement.
3.2.3. Providing unrestricted access to the Content.
3.2.4. Implementation of continuous leadership training process, including by providing advice around the clock through the online chat.
3.3. Artist does not provide educational services to the official educational institution and does not issue any certificates and licenses. Contractor shall not be engaged in medical or any other medical practice. Artist does not provide services fitness or aerobic hall, does not provide services of a personal trainer.
3.4. The customer is fully aware that the result of the provision of the Services is entirely dependent on how carefully and faithfully they will be carried out the task team leader, coach and other coaches defined by the Contractor under the provision of the Services. The customer is fully aware that the Contractor under any circumstances can not be and is not responsible for the result of Customer Training.
3.5. If the Customer violates the proposed Contractor training and nutrition programs, including breaks training schedule and / or misses training and / or does not comply with the recommended exercise according to the proposed schedule, services are rendered by the Contractor, and paid money can not be returned to the Customer .
4. The rights and obligations of the Contractor
Contractor is obliged to:
4.1. Properly render Services hereunder.
4.2. Start to provide services immediately after receipt of the Contractor to the total cost of the Services, the Customer registration on the Site and Contractor priming profiles Customer Dashboard.
Date of commencement of the Service may be delayed for the corresponding period in case the inability to proceed with the provision of the Services due to non-fulfillment / improper fulfillment by Customer of its obligations under the Treaty.
4.3. Provides services for a period of time specified by the customer at the conclusion of this Agreement, but in any case no longer than the period paid by the Customer.
4.4. Giving the customer in case of need for clarification on the implementation of nutrition programs and training around the clock through the online chat.
4.5. Services are considered rendered properly and accepted by the Customer, if within five (5) days after the end of the service the Contractor has not received from the Customer in writing motivated objections.
At the end of the period referred to above, the Customer's claims regarding the shortcomings of the Services, including the quantity (volume), the cost and quality are not accepted.
4.6. Independently determine the ways and methods of provision of the Services without the prior consent of the Customer.
4.7. Require Customer outstanding performance in your account, which has access to the Customer, training and nutrition programs, physical exercise, in accordance with the placed in Group videos. Artist in the provision of the Services shall be entitled to demand from the Customer perform certain tasks - specific actions to enable the Contractor to check and make sure the assimilation of information by the Customer, obtained in the course of providing the Services, assess the level of customer's abilities.
4.8. Require Customer to provide information about its current state by filling the form in the dashboard or, upon request, if necessary.
4.9. The Contractor has the right to refuse to provide the Services to the Customer without giving appropriate notice, if within three (3) consecutive weeks Client does not make an application to the Dashboard.
In case of refusal from providing services on the grounds set out in this paragraph shall be paid money can not be returned to the Customer.
4.10. The Contractor has the right to refuse the provision of Services to the direction of the relevant notice to the Customer if the analysis of the physical condition of the Customer identify medical contraindications to physical activity, it is expected in the course of providing the Services. In this case, the Contractor undertakes to refund the cost of unused Services within thirty (30) days from the date of notification of the Customer to refuse from providing services. In this case, the provisions of paragraphs. 5.12.2, 5.12.3, 5.12.4 Treaty. In the event of such a failure Agreement shall be deemed terminated from the day following the date of sending the notice to the Customer.
5. Rights and obligations of the Customer
5.1. Provide the Contractor upon request, as well as by filling in the form on the Dashboard reliable information and data necessary for the provision of the Services.
At the conclusion of the Agreement Customer must register on the Contractor's site to get access to personal account and make an initial filling placed in it profiles. In the future, the Customer is obliged to make filling out this questionnaire is not less than one (1) once a week.
5.2. Immediately report the adverse changes in health status, and any discomfort that may be a consequence of the implementation of training and nutrition programs.
5.3. Do not reproduce, copy, distribute, and are not used in any other way in any whatsoever to Content Group, except for personal use in the achievement of objectives of the Treaty.
5.4. Do not take actions to place in the Group meaningless, useless, and promotional information, creates an unnecessary burden on the Group, as well as any illegal, defamatory or threatening bearing messages including messages that are contrary to the laws of the Russian Federation.
5.5. Do not transfer the username and password in a social network account, which is used by them to take part in a private office, to any third parties, seek to ensure the secrecy of these login and password.
In the case of non-compliance with the specified conditions (including cases of leakage of information about the login and password against the wishes of the Customer) The Contractor shall not assume any responsibility for the provision of services to the person in any way to get the data of the Customer Account and shall have no obligation to compensate for paid funds and / or the length of time in which the customer's login and password were in actual possession of a third party.
5.6. Do not carry out any methods of agitation and incitement of other members of the Group for the use of any competition for performers of products or services, do not place in the Group information in any way defamatory Contractor, including data not collected by the Customer of any desired results they .
5.7. Immediately notify the Contractor of cases of loss or theft of login and / or password of the Customer account on the social network.
5.8. Run the program and to comply fully with food and exercise, placed in a private office.
5.9. Require the Contractor to the proper provision of the Services.
5.10. Receive, if necessary, at any time in online chat consultation, including with regard to exercise equipment during independent training with the use of the Content.
5.11. If necessary, and subject to the approval of the Contractor, the transition to a more advanced level.
5.12. Reject unilaterally from the provision of the Services by filing an appropriate notice to the Contractor at the address: email@example.com In the event of such failure Agreement shall be deemed terminated from the day following the date of receipt of such notification by the Contractor.
5.12.1.V case of a unilateral refusal from the Customer Services Contractor undertakes to refund the cost of unused Services within thirty (30) days after receipt of the Customer's notice.
5.12.2.Neispolzovannaya cost of Services is calculated in proportion to the volume of services rendered, ie, excluding the cost of services for the period during which the services were provided by the Contractor. When you return the unused value of Artist Services holds the sum of the applicable tax and commission the operator of the electronic payment system used to make the payment.
6. Financial conditions
6.1. The cost of services is calculated based on the required Client Services provision period (VAT exempt).
Regardless of the chosen customer service period, the Contractor shall ensure the provision of the entire range of services in accordance with para. 3.2 of the Agreement.
6.2. The customer has the right at the end of the selected and paid their service period to conclude a contract with the Contractor for the new period (one of the three options the duration of rendering the services specified above).
At the end of the period of service, if the Customer has not concluded a contract for the new period, the Customer shall be subject to removal from the Group.
6.3. Services are provided under the condition of 100% prepayment by the Customer. Payment is made at the conclusion of the Service Agreement on the Site Contractor. If payment is not implemented, the Treaty is not considered to be concluded.
7. Guarantees and responsibility
7.1. Artist has no medical facilities. Information about the customer's health is taken exclusively from the words of the Customer, and by filling the form in the Personal Area. The customer is personally responsible for the accuracy of information about his health.
7.2. The Contractor shall be responsible for providing qualified professionals in order to provide the Services.
7.3 The customer is fully aware that there are cases of hidden health problems, which may be unknown to the customer. Customer must understand that the Services are intended for relatively healthy people who are not contraindicated exercise.
7.4 The customer is fully aware that they carried out independently within the framework developed by the Contractor training programs involving the use of a sports equipment, as well as any physical exercise may lead to getting injuries. Customer understands this and voluntarily assumes responsibility for obtaining any kind of damage from which may be affected physically and / or mentally. Customer agrees that the Contractor or its agents do not bear any responsibility for any damage that may be obtained in the course of training.
7.5. The Contractor shall not be liable for failure to reach customers expect their results or discrepancy of the result of the Customer's expectations, since, is not able to fully monitor the implementation of programs developed by the Contractor.
7.6. Executor does not bear any responsibility for any technical failure of servers, including those that lead to a temporary lack of access to the site / personal account and / or individual elements of the content.
7.7. In case of violation Customer c. 5.3 of the Agreement, at the request of the Contractor Customer shall pay a fine in the amount of 100 000 (one hundred thousand) for each case of violation. In addition, the Contractor shall in such a case shall be entitled to unilaterally terminate the Agreement without compensation Customer paid cash.
7.8. In case of violation Customer c. 5.4 5.6 Contract, the Contractor shall be entitled to unilaterally terminate the Agreement without compensation Customer paid cash and without giving notice.
7.9. Contractor Liability is limited to the cost of providing services in accordance with this Agreement.
7.10. In the case of the withdrawal of the public offer by the Contractor, the Contractor shall refund the cost of unused Services, within 10 (ten) business days from the date of withdrawal of the public offer. In this case, the provisions of paragraphs. 5.12.2, 5.12.3, 5.12.4 Treaty. If after the withdrawal of the public offer, the customer does not require the return of unused value of the services they are entitled to access to the Content Group and the Contractor undertakes to not limit it.
8. Processing of personal data of the Customer
8.1. By providing the necessary information for the provision of the Services, the Customer provides the Contractor with personal data. Customer hereby consents to the processing of personal data transferred to them in accordance with the Federal Law №152-Federal Law of the Russian Federation of 27 July 2006 on the personal data.
8.2. Artist in the processing of personal data of the Customer is obliged to accept all stipulated by the current legislation of the Russian Federation measures to protect them from unauthorized access.
8.3. The customer is fully aware that as a result of certain circumstances (for example, placing the customer achieved the learning outcomes of the Group, as well as other cases) personal data of the Customer can be made available, and others.
9. The rights to results of intellectual activity
9.1. Exclusive rights to the content of the site and the group belong to the Contractor and / or its contractors.
9.2. The customer has the right to use the Content Panel solely for personal, non-commercial purposes to achieve the objectives of the Treaty.
10. Final Provisions
10.1. The agreement constitutes the entire agreement between the Contractor and the Client.
10.2. The Contractor shall not assume any conditions and obligations with respect to the subject matter hereof, except as outlined in it.
10.3. Issues not regulated by the Treaty, are governed by the current Russian legislation.
10.4. In case of disputes and disagreements between the parties will make every effort to resolve them through negotiations or in the complaint procedure. The term of consideration of the claim of 10 (ten) days from the date of its receipt.
10.5. In case of failure to settle disputes and disagreements through negotiations or in the complaint procedure, the parties have the right to submit the dispute to a court of general jurisdiction at the location of the Contractor. Disputes between the parties shall be settled in accordance with applicable Russian legislation.
10.6. The Agreement shall enter into force upon acceptance by the Customer of this public offer and is valid until the Parties fulfill the obligations assumed.
11. Contractor Details:
Company Name GBS Group
Actual address 614000, Perm Region, Perm, Pushkin Street 116B of.4
Postal address 614000, Perm Region, Perm, Pushkin Street 116B of.4
Phone / Fax: +7 (967) 900-77-22
ИНН (Taxpayer Identification Number) / KПП (Classifier of Industrial Enterprises) 5902025524/590201001
БИК (Bank Identifier Code) 1155958087999
р/с (current account) 40702810349770022005
к/с (correspondent account) 30101810900000000603
БИК (Bank Identification Code) 045773603
Bank of the West-Ural Bank of Sberbank of Russia
Director Evgeny Bushuyev
Registration date 19.09.2015g.
Личный кабинет и другие языки будут доступны в ближайшее время.
Profile page and other languges will be available soon.
WE WILL RESPOND TO ANY OF YOUR QUESTIONS
Describe your question using the form below and we'll contact you soon.