TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES ON THE WEBSITE WWWHOBAYOGA.COM
valid from November 1, 2022
The Regulations have been drawn up on the basis of art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2016, item 1030, as amended) and defines the types and scope of services provided electronically by The Class with its registered office in Warsaw (02-595 ), at ul. Puławska 109b/17, NIP number 8212489895, REGON number 523475744, email address: hi@hobayoga.com (hereinafter referred to as: "Service Provider"), by using the website at: www.hobayoga.pl. These Regulations do not regulate the rules of using The Class Studio and other areas of using the services. These rules are regulated in the Regulations of The Class Studio. Each participant of the classes is obliged to read the Regulations of The Class Studio.
In addition, these Regulations contain only general information regarding the processing of personal data and the use of cookies. Detailed information can be found in The Class Privacy Policy available at the link https://www.hobayoga.com/polityka-aktywności-1
§1 DEFINITIONS
The terms (written with a capital letter) used in these Regulations are understood as:
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Studio - studio at ul. Revolutionary Etudes 3
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Pass – 4-entry pass, 8-entry pass, Personal training, Single entry,
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Website - website run by the Service Provider in Polish via the website, available on the Internet at the following URL: www.hobayoga.com.
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Customer Account - a set of resources and rights assigned to a specific Service Recipient after logging in to the Website. The Customer Account enables the Service Recipient to independently manage functions such as: enrollment for classes (registration and enrollment), contract management (payment of the Membership Card).
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Agreement - an agreement for the provision of Services concluded under the conditions resulting from these Regulations.
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Regulations - these regulations for the provision of electronic services.
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Studio Regulations – The Class Studio Regulations regulating, among others, the rules of using the Studio;
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Service Recipient - a person using the services provided by the Service Provider electronically; The Service Recipient may be an adult person with full legal capacity or a minor who is over 16 years old and has a written consent of his/her legal representative to use the services of the SERVICE PROVIDER.
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Service Provider - The Class, based in Warsaw (02-595), at ul. Puławska 109b/17, NIP number8212489895, REGON number523475744, email address: hi@hobayoga.com
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Service - a service provided by the Service Provider to the Service Recipient, on the basis of the Agreement for the provision of electronic services, as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties.
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Chat - a tool available on the Website for communication between the Service Recipients and the Service Provider in the scope of the Services offered.
§2 GENERAL PROVISIONS
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The Regulations define in particular the types and scope of Services, the conditions for the provision of these Services, the conditions for concluding and terminating Agreements and the complaint procedure.
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The Regulations and the Regulations of the Studio are made available via the Website enabling its recovery, reproduction, recording, in particular the Regulations can be saved on a disk and printed.
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The Regulations are made available free of charge before the conclusion of the Agreement.
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The Website may be used only on the terms and to the extent specified in the Regulations.
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The Service Recipient is not entitled to any interference in the content, structure, form, graphics or operation mechanism of the Website. The content posted on the Website, such as: text, graphics, logos, icons, images, photos, data files, presentations, programs and any other data (hereinafter referred to as "Content") are protected by intellectual property rights, in particular copyright and related, attributable to the Service Provider or entities with which the Service Provider has concluded an agreement on 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 or by any means without the prior written consent of the Service Provider.
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The conclusion of the Agreement by the Customer does not result in the transfer of ownership or other intellectual property rights to the content of the Website or the services themselves to the Customer.
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It is forbidden for the Service Recipient to use the Website or Content or Services provided by the Service Provider in a manner contrary to the law, decency, infringing the personal rights of third parties or the legitimate interests of the Service Provider.
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The Service Recipient is entitled to use the Website and Content only for his own use, for non-commercial purposes, without the right to publicly use the Website, Content or any part thereof, without the prior written consent of the Service Provider.
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It is forbidden to take actions that may cause disruptions in the operation of the Website.
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The Service Provider's failure to exercise its right under these Regulations or failure to exercise its rights due to the violation of the Regulations by the Service Recipient cannot be considered acceptance of existing or future violations and such action does not affect the Service Provider's rights under the Regulations.
§3 TYPES OF SERVICES AND GENERAL RULES OF USE
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The website enables the use of the following Services:
- Providing Content;
- newsletter;
- Customer Account;
- Purchase of Passes;
- Registration for classes;
- Links;
- chat;
- Plugins;
- Other Services available on the Website. -
The Service Recipient who wants to use the Services of the Service Provider is obliged to comply with generally applicable laws, the provisions of the Regulations and the Regulations of the Studio, as well as is responsible for the statements made in connection with the purchase of the Membership Card or other Services offered by the Service Provider. Detailed conditions for using the services of the Studio are set out in the Regulations of the Studio.
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The Service Provider reserves the right to introduce on the Website the possibility of purchasing Services offered by third parties on terms specified in detail and made available to the Service Recipient in the process of purchasing a given Service, which does not constitute a change to these Regulations.
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The provision of electronic services by the Service Recipient consisting in providing the Internet Service, Customer Account, Chat service is free of charge, unless an obligation to pay a fee is provided for a given activity, e.g. purchase of a Membership Card. The amount of fees is specified in the price list applicable in the Studio and on the Website.
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Services are provided electronically by starting to use the Website, the forms available on it, the Customer Account or Chat.
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The Service Recipient may terminate the use of the Services provided electronically at any time. In the event of leaving the Website or Chat, the Agreement for the provision of these services by electronic means is terminated automatically without the need to submit additional declarations of will. In the event of permanent closure of the Customer Account (deletion), the Agreement for the provision of these services by electronic means is terminated.
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The Service Recipient should update his contact details in the Customer Account, if they change during the term of the Agreement for the provision of electronic services. It is considered that the Service Provider has properly fulfilled its information obligation if it has sent a notification to the last e-mail address of the Service Recipient, regardless of whether this address is still used by him.
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The Service Recipient is obliged to keep confidential, i.e. not to disclose to third parties, the data required to log in to the Customer Account, i.e. login and password. In a situation where the data necessary for logging in has been made available, the Service Recipient is obliged to change the password immediately. The password can be changed using the functionality available in the Customer Account.
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In the event of a violation by the Customer of these Regulations, applicable law or generally accepted social and moral standards, personal rights of third parties or legitimate interests of the Service Provider, the Service Provider will call the Customer to stop the violations, and if this call remains ineffective, the Service Provider reserves the right to discontinue the provision of Services including blocking or deleting the Customer Account. The Service Provider will inform the Service Recipient about blocking or deleting the Customer Account by e-mail within no more than 3 days from the moment of deleting the Customer Account.
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The Service Provider is responsible for non-performance or improper performance of the Services covered by the contract with the Customer in accordance with generally applicable law, unless the regulations of individual services provide otherwise.
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The Service Recipient is entitled to terminate the Agreement immediately if the Service Provider does not perform the agreement in accordance with the Regulations, after a prior ineffective request to cease violations within the indicated, appropriate period.
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The transfer of the Customer's rights and obligations to a third party (assignment) is not allowed.
§4 TECHNICAL REQUIREMENTS
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In order to properly use the services provided by the Service Provider using the Website, Customer Account and Chat, the Service Recipient should have computer hardware and software that meet the following minimum requirements:
- connection to the Internet;
- an operating system from the Windows, Linux, OSX, Android or iOS family in the version supported by the manufacturer with a graphical environment running,
- a browser in a stable supported version of Chrome, Firefox, Safari, Edge, in graphical mode, with JavaScript enabled. -
If the Customer uses hardware or software that does not meet the technical requirements set out in paragraph 1 of this paragraph, the Service Provider does not guarantee the correct functioning of the Website, Customer Account and Chat and stipulates that this may have a negative impact on the quality of services provided electronically.
§5 CONTENT PROVISION
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The website provides Users with Content posted on the home page and subpages of the website.
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The content may be:
- Information about the Services available on the Website;
- Information about Passes, classes and other paid and free services available in The Class Studio;
- Information on the terms of use of The Class Studio, regulations, Price List, Schedule;
- Information with photos of The Class instructors;
- Information about The Class, news, events;
- Opinions about The Class or classes;
- Information about The Class business partners;
- Information and materials on yoga and related areas;
- Content contained in the blog. -
The content, as well as the Website itself, contain commercial and marketing information about The Class, Passes and other The Class services and events, and may contain commercial and marketing information of other entities from related industries that The Class promotes or cooperates with. Commercial and marketing information is an integral part of the Website and is a key component of the Content Delivery Service on the Website.
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Using the Website takes place by reading its content.
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The conclusion of the Agreement for the provision of Content takes place each time a page or subpage of the Website is opened and ends when all pages / subpages of the Website are closed during one session.
§6 NEWSLETTER
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The Newsletter is a Service consisting in delivering Content to the Service Recipients in the form of an individual e-mail message to the e-mail address provided by the Service Recipient.
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To use the Newsletter Service, you must:
- fill in the appropriate Newsletter order field when registering for the Customer Account;
- subscribe to the Newsletter by using the dedicated functionality on the Website;
- complete the declaration of consent to the delivery of the Newsletter. -
The Agreement for the provision of the Newsletter Service is concluded for an indefinite period of time when the Service Recipient receives confirmation of the conclusion of the Agreement for the provision of the Newsletter Service by the Service Provider to the e-mail address.
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The contract for the provision of the Newsletter Service is terminated when the Customer unsubscribes using the URL link that is included in each Newsletter message.
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The contract for the provision of the Newsletter Service may be terminated by the Service Recipient without giving any reason at any time, using the functionalities indicated above or by e-mail sent to the e-mail address: hi@hobayoga.com.
§7 CUSTOMER ACCOUNT
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The purpose of the Customer Account is to:
- enabling the Customer to use the Services available only to logged-in Customers,
- purchasing Passes,
- making online payments for purchased Passes,
- access to information about purchased Passes and their use,
- registration for Classes,
- using the Online Studio Service,
- access and management of all Services available on the Customer Account. -
Using the Customer Account is possible after its creation.
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The creation of a Customer Account takes place at the time of the first purchase of the Membership Card on the Website and requires the provision of registration data: name and surname, e-mail address and choosing a password. In addition, the Customer may voluntarily provide other data included in the form, in particular a contact telephone number.
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The e-mail address provided by the Service Recipient must be an e-mail address to which the Service Recipient has the right to use for his own private purposes. In particular, it is forbidden to use someone else's e-mail address or a business e-mail address registered in the domain of a third party without obtaining the prior written consent of the owner of the said e-mail address or domain.
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The password used for authentication must be confidential, i.e. known only to the Service Recipient, it should consist of at least 10 characters and be appropriately complex and difficult to guess. The password should not consist of full words, contain the name, surname, nickname of the Service Recipient and his relatives, it should not be a date specific to the Service Recipient or contain names of months, their numerical designations or year designations.
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The password should be changed at least once every 3 months and immediately when the Customer finds out that his password is known to a third party or there is a reasonable assumption.
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The Service Recipient is responsible for taking care of the appropriate complexity of the password, its confidentiality and the frequency of changing it.
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The Service Recipient is responsible for all actions performed on his Customer Account using his login and password as a result of disclosing, directly or indirectly, intentionally or through negligence, credentials to another person.
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To the fullest extent permitted by law, the Service Provider shall not be liable for actions performed on the Customer Account as a result of a breach of the Customer Account password confidentiality rule or other related consequences. The login to the Customer Account is provided by the User
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Before sending the registration form, by ticking its appropriate box, the Service Recipient should declare that he has read the Regulations and the Studio Regulations and accepts its provisions and voluntarily decide whether he wants to use the Services immediately after their purchase, waiving the right to withdraw from the Agreement in connection with remote purchase
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Before sending the registration form, by ticking the appropriate box in the registration form, the Service Recipient may voluntarily order the Newsletter Service or declare that he consents to the processing of his personal data provided in the registration form for marketing purposes by the Service Provider.
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The contract for the provision of the Customer Account Service is concluded at the time of sending the form for an indefinite period, subject to § 3 para. 9 of the Regulations.
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In order to use the Customer Account, you must log in to the Website, i.e. authenticate using your login and current password. Authentication is required each time the Customer visits the Website.
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After authentication, the Service Recipient has access to the Services contained in the Customer Account.
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The Customer Account is closed in the following cases:
- when the Customer submits a request to delete his Customer Account;
- when the Customer has violated the provisions of the Regulations, the Studio Regulations or the law. -
In the case referred to in paragraph. 15 point 2 above, the Customer Account is closed without prior notification to the Service Recipient.
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In the event that the Customer himself applies for closing the Customer Account, but has active Membership Cards, the Customer Account is closed on the expiry date of the Membership Card.
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The Agreement for the Account Service is terminated when the Customer Account is closed.
§8 PURCHASE OF TICKETS
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Purchase of Passes takes place via the Website after making an online payment or traditionally at Studio The Class.
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The types of Membership Cards, the scope of services available under a given Membership Card, the purchase of Membership Cards outside the Website and the method of using classes are specified in the Studio Regulations and the current Price List. The Pass Purchase Service via the Website covers only online purchases.
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On the Website, the Service Recipient has access to the Regulations of the Studio and the current Price List.
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Online payments are made in cooperation with the Service Provider and payment intermediaries - Platności24.pl or other payment intermediaries visible on the Website when purchasing the Membership Card.
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As part of the Membership Card Purchase Service, The Class Service Provider enables online payments by the Customer using the services of a selected payment agent in accordance with its regulations for the provision of services. Payment brokerage services are not the services of The Class Service Provider. The Class service provider is not responsible for the implementation of payment services to the fullest extent permitted by law.
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When purchasing the Membership Card, the Service Recipient may decide whether he wants to start using the Services immediately, which involves resignation from the right to withdraw from a distance contract within the time provided for by law, or whether he does not decide to shorten the waiting time for the activation of the Membership Card._cc781905-5cde- 3194-bb3b-136bad5cf58d_
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The service of purchasing Passes is a service available only to Users who are logged in or are just registering.
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The Agreement for the Pass Purchase Service is concluded at the moment of opening the Customer Account and terminates at the moment of closing the Customer Account.
§9 REGISTRATION FOR CLASSES
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The Registration for Classes service allows you to select classes and enter yourself on the list of participants of selected classes via the Website.
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Participation in The Class classes may be taken only by persons who have previously registered for Classes via the Website or in another way specified in the Regulations of the Studio.
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Registration for classes is a Service available only to logged-in Users. To register for Classes, you must have a Customer Account.
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Registration for Classes is a free Service, but participation in classes is payable. In order to successfully register for Classes, you must have an active Membership Card that allows you to participate in the classes selected by the User or purchase a Membership Card during the Registration for Classes process.
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After signing up for Classes, the Service Recipient has the appropriate information in his Customer Account.
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The Service Recipient may update the Registration for Classes by revoking his Registration for Classes. The dates on which it is possible to cancel the Registration for Classes without using the Pass (without losing the entry) are set out in the Study Regulations and also apply to Registration for Classes made via the Website.
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The Contract for the Registration Service for Classes is concluded at the moment of clicking the button confirming the willingness to sign up and is terminated when the classes are held.
§10 LINKS
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The website contains links to other domains of the Service Provider, in particular to the Online Studio and the Store. The website may also include links to other sources, e.g. to press articles, multimedia content of other entities.
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The website provides only the Service of posting links on its websites. To the fullest extent permitted by law, the Website is in no way responsible for the content published by third parties.
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To the extent that links lead to other pages and domains of the Service Provider, the Service Provider is not responsible for the content, availability, other data, materials or tools available or used at the given link by third parties.
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The Link Service consists solely in posting links on The Class website.
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The use of Links takes place only when you click on the selected Link.
§11 PLUGINS
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Plugins are small tools of social media providers used to enable the transition directly from a given website to the fanpage, channel of the entity that publishes them, in social media of their choice.
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The service provider uses Facebook and Instagram plugins. It is possible that the list of social media available via Plugins will be expanded.
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By clicking on the selected plug-in, the Service Recipient may display the Service Provider's Fanpage on the selected social networking site.
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The Service Provider only ensures that plugins are placed on the Website. The service provider does not decide on the methods of operation of plug-ins and making other actions using them through social networking sites.
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When using plugins, the User should read the regulations and privacy policy of a given social networking site and pay particular attention to information on obtaining information using cookies used by plugins.
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The use of plug-ins takes place only when you click on the selected plug-in.
§12 CHAT
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The Chat service is available on the Website in order to improve direct contact between the Service Recipients of the Website and the Service Provider.
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The Chat service consists only in placing the Chat window on the Website.
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After clicking on the Chat window, the Service Recipient is transferred to Facebook, where he can log in to start a conversation. The conversation takes place in the same way as when the Service Recipient makes contact with the Service Provider on his own by writing a message in Messenger Meta / Facebook.
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Conversation takes place on Facebook in accordance with the regulations and privacy policy of Facebook.
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Using the Chat additionally requires having an active Facebook account and logging in to Facebook at the time of starting to use the Chat Service.
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The Chat Service is used only when the conversation start window is clicked.
§13 COMPLAINT PROCEDURE AND WITHDRAWAL FROM THE AGREEMENT
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Any comments and complaints regarding the Services provided electronically may be submitted in writing by leaving a letter in the Studio or by e-mail to the following address: hi@hobayoga.com.
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A complaint, complaint or request should contain the name and surname, description of the case and the correspondence address or e-mail address to which the Service Provider should respond, under pain of being unable to respond to the submitted complaint, complaint or request.
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The response to complaints, complaints and requests will be provided in writing to the correspondence address indicated in the complaint, complaint or request or by e-mail to the e-mail address provided within 30 days from the date of its receipt. The Service Provider will inform the person submitting the complaint about the refusal to accept the complaint and its reasons by sending a message to the e-mail address indicated in the course of submitting the complaint or to the delivery address.
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A service recipient who is a consumer may use the following out-of-court options to use out-of-court dispute resolution methods:
- apply to the voivodship inspector of the Trade Inspection with a request to initiate proceedings for out-of-court settlement of the dispute,
- refer the case to the permanent arbitration court at the voivodship inspector of the Trade Inspection, -
- apply to the municipal or poviat consumer ombudsman or social organization whose statutory tasks include consumer protection, e.g. Consumer Federation.
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The service provider informs that at the address http://ec.europa.eu/consumers/odr there is available a platform of an online system for settling disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive website through which the consumer can submit his complaint regarding contractual obligations arising from an online sales contract or a contract for the provision of services concluded between consumers living in the European Union and entrepreneurs based in the European Union.
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The use of available out-of-court methods of dealing with complaints and pursuing claims is possible after the complaint procedure is completed and is voluntary - both parties must agree to the procedure.
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Detailed information on out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures are available, among others, at at the following addresses: www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php; www.uokik.gov.pl/wazne_adresy.php, and at www.uokik.gov.pl a list of institutions dealing with out-of-court resolution of consumer disputes is available, along with information on the type of cases that individual entities deal with.
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A list of all voivodeship inspectorates of the Trade Inspection and permanent courts of arbitration along with their website addresses are available at uokik.gov.pl/wazne_adresy.php.
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The Service Recipient who is a consumer has the right to withdraw from the Agreement concluded remotely without giving a reason within fourteen days of its conclusion. In order to withdraw from the Agreement, the Customer should submit an appropriate statement. The statement of withdrawal from the Agreement may be submitted by the Service Recipient in particular in accordance with the template attached as Appendix 1 to the Regulations in writing and delivered by post to the following address: Usługowo, ul. Puławska 109b/17 Warsaw or by e-mail to: hi@hobayoga.com.
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In the event of submitting a declaration of withdrawal from the Agreement, the payment will be returned using the same method of payment as used by the Customer, unless the Customer expressly agrees to a different payment method that will not involve any costs for him._cc781905-5cde- 3194-bb3b-136bad5cf58d_
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In the event of effective withdrawal from the Agreement, it is considered null and void, and the parties to the Agreement return to each other everything that they provided to each other.
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The provisions regarding the Consumer contained in the above paragraph apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
§14 DETAILED RISKS RELATED TO THE USE OF SERVICES PROVIDED ELECTRONICALLY
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The Service Provider declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying the Customers' data by unauthorized persons, therefore the Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use antivirus programs and programs that protect the identity of those using the Internet.
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The Service Provider applies technical and organizational measures appropriate to the degree of risk, including measures to prevent unauthorized persons from obtaining and modifying personal data sent via the Internet - in order to ensure the security of messages and data transmitted on the Website.
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The basic, potential threats related to the use of the Internet include:
- malware;
- various types of applications or scripts that have a harmful, criminal or malicious effect on the ICT system of the network Recipient, such as viruses, worms, Trojans (Trojan horses), keyloggers, dialers;
- spyware;
- programs tracking the activities of the Service Recipient, which collect information about the Service Recipient and send it, usually without his knowledge and consent, to the author of the program;
- spam;
- unsolicited and unsolicited electronic messages sent simultaneously to many recipients, often containing advertising content;
- phishing for confidential personal information (e.g. passwords) by impersonating a trustworthy person or institution (Phishing);
- hacking into the Customer's ICT system using e.g. hack tools such as the rootkit exploit. -
In order to avoid the above threats, the Service Recipient should equip his computer and other electronic devices that he uses when connecting to the Internet with an antivirus program. Such a program should be constantly updated.
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Protection against threats related to the use of services provided by electronic means by the Service Recipients is also provided by:
- enabled firewall,
- updating all software,
- not opening e-mail attachments of unknown origin,
- reading application installation windows, as well as their licenses,
- disabling macros in MS Office files of unknown origin,
- regular comprehensive system scans with antivirus and antimalware software,
- encryption of data transmission,
- installation of preventive programs (intrusion detection and prevention),
- using the original system and applications from a legal source.
§15 PERSONAL DATA
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In order to provide the Service Recipients with the Services, the Service Provider processes personal data provided by the Service Recipients, generated in the course of using the Services and obtained from the Cookie files used.
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The Service Provider processes the personal data of the Service Recipients in order to provide the Services, in particular:
- Setting up a Customer Account, Newsletter, Purchase of Membership Cards;
- Fulfillment of obligations arising from legal provisions, in particular from tax and accounting regulations;
- Ensuring compliance with the Regulations and the safety of all Service Recipients and the Service Provider;
- Possible investigation or defense of claims;
- Ensuring the technical correctness of the operation of the Website, analytical and statistical activities. -
The Website contains indications which personal data are necessary to conclude the Agreement and which data are voluntary.
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If the Service Recipient is asked to consent to the processing of personal data, this consent is voluntary and may be withdrawn at any time by
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the Service Recipient without giving a reason, with effect from the moment of withdrawal of consent.
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Each data subject has the right to access personal data, correct them, limit processing, transfer data, raise objections. All rights set out in the GDPR for data subjects are described in the Yoga Beat Privacy Policy.
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Full information on the purposes of processing the personal data of the Service Recipients, legal grounds and retention periods can be found in the Yoga Beat Privacy Policy.
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Full information on the use of Cookies on the Website can be found in the Yoga Beat Cookie Policy.
§16 FINAL PROVISIONS
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The Regulations come into force on November 1, 2022
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The Regulations may be changed for important reasons, which include: - introducing new provisions of generally applicable law or introducing changes to these regulations, affecting the rules of offering and providing services to which the provisions of the Regulations apply,
- issuance of court rulings, decisions of administrative bodies, decisions, guidelines, orders, recommendations, interpretations or recommendations of authorized bodies, including the Office of Competition and Consumer Protection, as well as their changes,
- expanding the Service Provider's offer, introducing a new type of service, changes in the functioning of the Services offered by the Service Provider, including withdrawing the Services to which the provisions of the Regulations apply from the offer,
- changes in IT systems, technical or technological solutions used by the Studio to which the provisions of the Regulations apply,
- changes to the existing rules or terms of service provision introduced in order to improve the quality or security of the Services provided,
- editorial and organizational changes. -
Any changes to these Regulations must be made in writing and communicated to the Service Recipients by placing information on the Website, as well as in a generally accessible place in the Studio.
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The Service Provider shall inform the Service Recipient about the change in the Regulations by posting relevant information on the Website and electronically via an e-mail sent to the e-mail address of the Service Recipient indicated in the Customer Account. In the event of a change in the Regulations, the Customer has the right to terminate the Agreement without notice, effective at the end of the current Membership Card. The deadline for submitting a declaration of will to terminate the contract is 14 days from the date of posting information about the change in the regulations. After the expiry of the deadline, it is presumed that the Customer accepts the changes to the Regulations.
APPENDIX 1 TO THE REGULATIONS
Declaration of withdrawal from the contract
I, the undersigned, ………………………………………….. (name and surname), domiciled ……………………………………….. ……………………………………………………….. (e-mail adress ……… ………………………………… declare that pursuant to art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), I withdraw from the Agreement resulting from the purchased on ………………………………… …… The Class Pass.
THE CLASS REGULATIONS
GENERAL PROVISIONS
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These regulations define the rights and obligations of the customers of THE CLASS (hereinafter referred to as: "Regulations") run by The Class, with its registered office in Warsaw (02-595), at ul. Pulawska 109b/17,NIP number 8212489895, REGON number 523475744, email address: hi@hobayoga.com(hereinafter: "THE CLASS").
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THE CLASS provides services in the field of physical activity in studios at ul. Etiudy Revolutionary 3 in Warsaw on the terms set out in these Regulations.
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The terms used in these Regulations are understood as:
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Studio - studio at Etiudy Rewolucyjna 3
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Client - an adult person with full legal capacity or a minor over 16 years of age with a written consent of his/her statutory representative to use The Class services, in accordance with the model statement available on the website or at the reception of the Studio,
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Pass - Starter Package, Pass for 4 entries, Pass for 8 entries, Personal training, One-time entries
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One-time entry - entitlement to take advantage of any classes from The Class offer once, within 7 days from the date of purchase of the One-time Entry, however, after leaving The Class, re-entry is not possible on the basis of the same One-time Entry,
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Starter package - the right to use any classes from The Class offer without restrictions, in each Studio for a period of 7 days from the date of purchase. The Starter Package can only be purchased by a Customer who has not used The Class services before purchasing the Starter Package. The starter pack can only be purchased once,
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4-entry pass - the right to use any 4 classes from The Class offer without any restrictions, in The Class for a period of 30 days from the date of purchase. 8-entry pass - the right to use any 8 classes from The Class offer without restrictions, for a period of 30 days from the date of purchase.
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Personal training - means a service consisting in providing the Customer with support in the training process through individual coaching, developing a training plan and monitoring the Customer's progress in accordance with the selected Personal Training package from The Class offer within 90 days from the date of purchase. Personal training can be conducted for one or two people together,
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Website - website with the address: www.hobayoga.com,
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Studio staff - manager, instructors, trainers, reception staff,
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Customer Account - a set of resources and rights assigned to a specific Customer after logging in to the Website. The Customer Account enables the Customer to independently manage functions such as: enrollment and withdrawals for classes, contract management (including payment, suspension (in certain cases) of the Membership Card).
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Identity document - a valid document on the basis of which the Customer's identity can be established, containing the name and surname and a photo, issued by a public administration authority (in particular an identity card, passport, residence card, driving license), school (school ID, student ID). Business IDs are not an identity document. An identity document is also understood as showing the screen of the Customer's mobile device containing the Customer's personal data displayed using the mObywatel application,
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Agreement – a contract for the provision of services concluded between the Customer and The Class for a definite period of time. The contract is concluded by selecting the appropriate Membership Card and paying the fee in accordance with the price list of services available on the Website in the price list and STUDIO tabs. If the Customer fails to pay the fee for the Membership Card, the Agreement is not concluded.
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RULES OF PERFORMING THE SERVICES
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The Class offer is available on the Website as well as in the Studio, and at the Customer's request it is also presented orally by the Studio Staff.
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The Customer has the right to use The Class services on the basis of the concluded Agreement to the extent resulting from the purchased Membership Card in accordance with the price list of services available on the Website in the price list and STUDIO tabs.
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The basis for using The Class services is a contract concluded for a definite period of time. The rights arising from the Membership Card Purchase Agreement are saved on the Customer Account, to the extent that results from the Membership Card purchased by the Customer.
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The pass is active from the date indicated by the Customer at the time of purchase.
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If the Membership Card is not used in a given period, it is forfeited without the right to a refund.
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The Class declares that instructors and trainers have the knowledge, experience and education necessary for the proper and safe conduct of classes and trainings.
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Clients participating in the classes declare that they have no health contraindications to perform physical exercises and participate in the classes at their own risk. People with health problems should consult a sports doctor before starting classes and provide a medical certificate confirming the ability to perform specific exercises.
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The price of the Membership Card does not include accident insurance.
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The pass is available on the Customer's account.
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The pass is personal and cannot be used by third parties, it cannot be suspended or assigned to another person.
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Classes are held in accordance with the schedule posted on the Website in the graphics tab and in the Studio.
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The Customer declares his intention to participate in classes by signing up for them via the Customer Account. The client can be enrolled for a maximum of 5 hours of classes at one time.
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Due to the limited number of places in groups in organized classes, the order of applications decides about the right to participate in given classes.
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In the case of free places for given organized classes, Clients who have not signed up for these classes are also entitled to participate in these classes.
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The client is obliged to inform the Studio about resignation from participation in organized classes at least two hours in advance. The Customer submits a notification of the intention to resign via the method provided by the Customer Account.
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The Studio reserves the right to cancel organized classes if the number of clients enrolled does not exceed the minimum number of people specified for given organized classes, as well as in the event of technical / maintenance works that prevent or hinder the conduct of these classes. The Studio reserves the right to change the schedule of organized classes and the person conducting the classes. The change takes place after prior notification to the Customer, by at least one of the following methods: electronically, posting information on the Website www.yogabeat.pl, posting information in the Studio.
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Changing the type of Membership Card is possible with effect at the end of the activity of the purchased Membership Card. In the event of changing the type of Membership Card, the Customer switches to another Membership Card of his choice for the price specified in the currently valid price list located on the Website and Studio.
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Before purchasing Personal Training, the Customer should contact The Class to discuss the date and selection of the trainer.
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The Studio staff has the right to verify the Customer's data indicated in the Customer's Account on the basis of the presented ID document. In the absence of an ID document, the Studio Staff has the right to refuse entry to the Studio premises or order to leave it.
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The Class organizes events and promotions entitling you to participate in classes on preferential terms according to the rules set each time by The Class. Unless otherwise stipulated in separate regulations, the provisions of these Regulations shall apply.
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The Agreement is terminated at the end of the last day of the Membership Card's validity period.
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The contract is subject to termination with immediate effect pursuant to the Studio's statement if the Client grossly or persistently violates the rules of order in the Studio or the provisions of these Regulations.
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The contract is subject to termination with immediate effect by a written statement submitted by the Customer to the address of The Class's registered office, in the event of gross and persistent violation by the Studio of the provisions of these Regulations.
RULES FOR USING THE STUDIO
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Customers have the right to use The Class services to the extent resulting from the purchased Passes.
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It is strictly forbidden to consume alcohol, smoke tobacco, use electronic cigarettes, take and possess any intoxicants, come in intoxicated, intoxicated or under the influence of drugs and bring dangerous tools and objects in the Studio.
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It is forbidden to record the image and sound in the Studio without the consent of the Studio Staff.
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It is forbidden to bring animals to the premises of the Studio.
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Clients are obliged to maintain peace and order in the Studio and allow other Clients to freely use the services of the Studio.
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Changeable footwear is required in the Studio - different from the one in which the Client came to the STUDIO.
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Chewing gum is not allowed during classes.
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Customers are required to participate in classes in a sports outfit and use a towel by placing it on exercise equipment and mats.
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During classes, all instructions and comments of the instructors must be followed.
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The Client is obliged to use the Studio premises, equipment and furnishings in accordance with their intended use.
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The Client is obliged to maintain order in the rooms of the Studio. After the end of the classes, the client is obliged to put the equipment back in the right place.
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For organized classes, the Client is obliged to come to the Studio in advance in order to properly prepare for the classes. In the event of a delay exceeding 10 minutes, customers may not be allowed to participate in classes for safety reasons.
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Leaving the exercise room before the end of organized classes requires informing the instructor conducting the classes.
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A customer using The Class classes for the first time is obliged to inform the instructor about this fact.
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Before the classes, it is mandatory to present to the studio's reception a pass authorizing the use of The Class services.
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In the event of malaise, injuries, contusions and other health problems, as well as pregnancy, the instructor must be informed before the class.
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In the event of an accident, injury or injury, the client is obliged to immediately report this fact to the staff of the Studio.
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The client is obliged to comply with the regulations of the building in which the Studio is located.
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Due to the care for the safety of all persons using the Studio, persons violating the rules of order and the provisions of these Regulations, in particular persons who are in the Studio in inappropriate clothing or footwear (including unchanged footwear or with dirty soles), persons under the influence of alcohol or drugs, people behaving aggressively, people with or using dangerous tools will be asked to leave the Studio.
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The use of advertising materials and photos of the Studio by third parties is prohibited.
SPECIAL RULES FOR USING THE STUDIO DURING THE SARS-COV-2 VIRUS EMERGENCY
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During the period of the threat of the SARS-CoV-2 virus causing the COVID-19 infectious disease, The Class is obliged to provide recreational and sports services taking into account the current guidelines, requirements and recommendations of the authorities authorized to do so. Therefore, during the period of risk of the SARS-CoV-2 virus causing the COVID-19 infectious disease, the provision of services will take place on the terms set out in these Regulations, taking into account exceptional, different solutions set out in this paragraph. In the event of discrepancies between the content of this paragraph and the content of other provisions of these Regulations, during the period of risk of the SARS-CoV-2 virus causing the COVID-19 infectious disease, the provisions of this paragraph shall apply.
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The customer is not entitled to use The Class services if:
- observed symptoms of an infectious disease (in this case, he should go home and use a medical teleconsultation);
- is under quarantine or isolation;
- had contact with a person suspected of being infected, infected or ill with COVID-19 within the last 14 days. -
If the Client has disturbing symptoms of illness, the Client should immediately leave the Studio and go by individual transport (the Client's own transport or sanitary transport) to home or to the infectious diseases ward of a medical facility as soon as possible.
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During the period of risk of the SARS-CoV-2 virus causing the COVID-19 infectious disease, there may be restrictions on the use of the Studio, in the form of, for example, disabling or limiting certain services, e.g. by reducing the number of people staying in a given area, the number or duration of individual organized activities or others.
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During the period of risk of the SARS-CoV-2 virus causing the COVID-19 infectious disease, there may be restrictions as to the number of Clients who may stay in the Studio at one time and in this case the order in which the Client arrives at the Studio is decisive. The Customer's entry into the Studio may therefore be associated with the need to wait. Waiting is possible only outside the premises of the Studio, while observing generally accepted safety rules, including maintaining the required distance.
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Before entering the Studio, as well as before entering a given room, the Customer should each time read the current information placed each time in the entrance zone to the Studio or this room, regarding the rules of protection against infection, personal hygiene products, sanitary requirements, rules of safe and hygienic use of individual rooms of the Studio. The customer should always comply with all the above-mentioned requirements and rules.
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Apart from the Studio Staff, there may be only one person at the reception desk. Waiting for service at the reception takes place in accordance with generally accepted safety rules, including the required distance.
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Each client is obliged to wash their hands with soap and water as often as possible in accordance with the instructions available in the Studio and to disinfect their hands.
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Each customer is obliged to disinfect the locker in the cloakroom both immediately before using the locker and immediately after using the locker.
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The customer is obliged to keep the distance from other people currently recommended by the competent authorities.
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The customer is obliged to keep and use his own towel at all times while using the services.
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The Class provides hand sanitizers that are made for this purpose only. The Class also provides disinfectants intended for disinfection of Studio equipment. The client is obliged to disinfect the locker in the cloakroom as well as the equipment of the Studio only with the use of disinfectants provided by the Studio and placed in designated places.
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It is recommended that clients use their own aids during exercise (such as a mat). The customer is obliged to take personal care of his belongings or leave them in the cloakroom in a locked cabinet in accordance with the provisions of these Regulations.
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In the event of a breach by the Customer of the rules of using the Studio resulting from this paragraph, as well as the current guidelines and information placed each time in the Studio, regarding the rules of protection against infection, personal hygiene products, sanitary requirements, rules of safe and hygienic use of individual Studios, the Staff The Studio is entitled to admonish the Client, and in the event of failure to comply with the above-mentioned rules, also to ask to leave the Studio.
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During the period of risk of the SARS-CoV-2 virus causing the COVID-19 infectious disease, the authorities authorized to do so, including government authorities and sanitary inspection authorities, may issue and change detailed guidelines, orders, bans and recommendations binding the Studio and its clients, which the will be Studio and Customers, which does not constitute a change to these Regulations.
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In all matters related to the rules of operation of the Studio during the period of SARS-CoV-2 virus threat causing the COVID-19 infectious disease, you can contact The Class by e-mail to the following e-mail address: hi@hobayoga.com
RULES OF USING THE LOCKER ROOM
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The customer is obliged to leave his belongings in the locker room designated for this purpose. Admission to the hall with backpacks, bags, handbags, backpacks or other luggage, even hand luggage, is prohibited.
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The studio's cloakroom is equipped with lockers.
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The customer is obliged to exercise due diligence in closing the cabinet after placing his belongings there. In the event of a malfunction of the locker, the Client is obliged to immediately inform the Studio Staff, otherwise The Class will not be responsible for the items left in the locker.
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The Class is not responsible for items left by the Client outside the locker in the cloakroom or in the Studio.
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After using The Class services on a given day, the Customer is obliged to empty the locker of all belongings, otherwise The Class is not responsible for the items left in the locker.
RESPONSIBILITY
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The Class is liable to the Customers for personal injury and damage to property resulting from improper performance or non-performance of the Agreement by The Class and for damages arising in connection with the culpable unlawful act or omission of The Class on the terms set out in the Civil Code. The Class is not liable for damage to health, bodily injury, loss of health, illnesses suffered by the Customer as a result of using the services, devices and equipment of The Class, in particular if they were the result of health contraindications, previously acquired diseases, improper use of the equipment and devices, improper performance of exercises, lack of proper warm-up, lack of concentration and commitment to classes and other violations and negligence of the Client.
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Claims for damages are reported by the Customer using the complaint form available on the Website, in writing at Studio or by registered mail to the correspondence address: The Class, ul. Puławska 109b/17 Warsaw.
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The Client is obliged to repair the damage caused to the property of the Studio or the property of another Client and for personal injury caused by his/her culpable act or omission.
PERSONAL DATA
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The administrator of personal data of customers and their statutory representatives is The Class, with its registered office in Warsaw (02-595), at ul. Pulawska 109b/17,NIP number 8212489895, REGON number 523475744,which processes Customers' personal data in order to perform the Agreement for the provision of services and related purposes, in particular:
- conclusion of the contract and its settlement;
- issuing Passes and verifying entitlements to use the Classes;
- Implementation of legal provisions, in particular accounting and tax law;
- Ensuring appropriate physical and sanitary safety conditions as well as health and property of employees, customers and guests of The Class, including the use of video monitoring in places marked with appropriate information;
- Possible investigation or defense of claims;
- If a separate, voluntary consent is granted, personal data will be processed for marketing purposes, in particular for the purpose of sending commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services. -
Each data subject has all the rights set out in the GDPR, in particular the right to inspect their personal data, correct them, limit processing, transfer, raise objections, the right to delete data, and to the extent that data is processed on the basis of consent – the right to withdraw it at any time without giving a reason, with effect from the withdrawal of consent.
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Detailed information on the purposes, legal grounds and scope of personal data processing, information on how The Class protects the personal data of our clients and on the rights of persons to whom personal data pertains is included in the Privacy Policy available on The Class Website at the link: https: //www.hobayoga.com/privacy-policy-1 in paper form at the reception desk.
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Providing personal data is voluntary, but necessary in order to conclude and perform the Agreement for the provision of services.
FINAL PROVISIONS
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The Regulations come into force on November 1, 2022.
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The Regulations may be changed for important reasons, which include:
- introducing new provisions of generally applicable law or introducing changes to these provisions, affecting the rules of offering and providing services to which the provisions of the Regulations apply,
- issuing court rulings, decisions of administrative authorities, decisions, guidelines, orders, recommendations, interpretations or recommendations of authorized bodies, including the Office of Competition and Consumer Protection, as well as their amendments,
- expanding The Class's offer, introducing a new type of service, changes in the functioning of the services offered by The Class, including withdrawal from the offer of services to which the provisions of the Regulations apply,
- changes in IT systems, technical or technological solutions used by the Studio to which the provisions of the Regulations apply,
- changes to the existing rules or conditions for the provision of services introduced to improve the quality or safety of the services provided,
- editorial and organizational changes. -
Any changes to these regulations must be made in writing and communicated to the Customers by placing information on the Website, as well as in a generally accessible place in the Studio.
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The Studio will inform the Customer about the change in the Regulations by posting relevant information on the Website and electronically via an e-mail sent to the Customer's e-mail address indicated in the Customer Account. In the event of a change in the Regulations, the Customer has the right to terminate the Agreement without observing the notice period with effect on the last day of the Membership Card's validity. The deadline for submitting a declaration of will to terminate the contract is 14 days from the date of posting information about the change in the regulations. After the expiry of the deadline, it is presumed that the Customer accepts the changes to the regulations.
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The Studio has the right to change: the price list of services, the scope of services provided, e.g. by withdrawing a given type of classes from the offer, the person of the trainer conducting the classes and the hours of conducting individual classes. These changes do not constitute a change to the Agreement or the Regulations.
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Any comments regarding the work of the Studio Staff, complaints regarding the quality of services provided and other complaints and requests may be submitted by the Clients in writing and delivered either by leaving a letter at the Studio's reception, by post or by e-mail to the following e-mail address: hi@ hobayoga.com
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A customer who is a consumer may use the following out-of-court dispute resolution methods:
- request the provincial inspector of the Trade Inspection to initiate proceedings for out-of-court dispute resolution,
- refer the case to the permanent arbitration court at the provincial inspector of the Trade Inspection,
- turn to the municipal or poviat consumer ombudsman or social organization whose statutory tasks include consumer protection, e.g. Consumer Federation. -
The Class informs that at http://ec.europa.eu/consumers/odr there is a platform for an online system for settling disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive website through which the consumer can submit his complaint regarding contractual obligations arising from an online sales contract or a contract for the provision of services concluded between consumers living in the European Union and entrepreneurs based in the European Union.
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The use of available out-of-court methods of dealing with complaints and pursuing claims is possible after the complaint procedure is completed and is voluntary - both parties must agree to the procedure.
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Detailed information on out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures are available, among others, at at the following addresses: www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php; www.uokik.gov.pl/wazne_adresy.php, and at www.uokik.gov.pl a list of institutions dealing with out-of-court resolution of consumer disputes is available, along with information on the type of cases that individual entities deal with.
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A list of all voivodeship inspectorates of the Trade Inspection and permanent courts of arbitration along with their website addresses are available at uokik.gov.pl/wazne_adresy.php.
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The Customer who is a consumer has the right to withdraw from the Agreement without giving a reason if the Agreement is concluded via the Website within fourteen days from the date of its purchase. In order to withdraw from the Agreement, the Customer should submit a relevant statement. The statement of withdrawal from the Agreement may be submitted by the Customer, in particular in accordance with the template attached as Appendix 1 to the Regulations, in writing and delivered by post to the following address: The Class Puławska 109b/17 02-595 Warszawa or in person to the Studio.
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In the event of submitting a declaration of withdrawal from the Agreement, the payment will be returned using the same method of payment as used by the Customer, unless the Customer expressly agrees to a different method of payment that will not involve any costs for him. In the event of effective withdrawal from the Agreement, it is considered null and void, and the parties to the Agreement return to each other everything that they provided to each other.
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The provisions of sec. 12-13 of this paragraph relating to the Customer who is a consumer also apply to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the activity performed by economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.