GENERAL TERMS AND CONDITIONS
- The training and diet instructions on the website www.fitlap.com are provided by OÜ Fitlap (registry code 12780210; registered address Lootsi 22, Tartu 51017, Republic of Estonia; office address Narva mnt 9, 51009, Tartu, Estonia; telephone +372 5559 8075; hereinafter the service provider). In order to buy aforementioned services it is mandatory to create an account on the website www.fitlap.com.
- User in the terms of this document is a person who has registered his/her personal data on the website www.fitlap.com and has acquired a password-protected user account.
- Information in the terms of this document is training and diet instructions, personal training and meal plans, articles published by the service provider and other works that are available on the website www.fitlap.com and in which copyright subsists according to the Estonian Copyright Act article 4.
- The service provider does not provide services to people aged under 18 years. When registering a user account, person affirms that he/she is at least 18 years old.
- The service provider gives the user training and dieting instructions according to the data that the user has provided on his/her profile. Users are responsible for correctness of the data provided on their profile.
- The user acknowledges that following the training and diet instructions is not compulsory. Their purpose is to give user recommendations only.
- The user makes final training and dieting decisions by using his/her best judgement and taking into account his/her state of health.
- The user acknowledges that individual results may differ from examples. Changes in body weight are individually different and depend on the person’s metabolism, physical activity, genetics and other circumstances.
STATE OF HEALTH
- The service provider provides services to people whose state of health is appropriate for using them. When registering an account, client affirms that his/her state of health is appropriate for using the services.
- The service provider recommends the user to consult with a doctor before using the services and ensure that his/her state of health is appropriate for using the services. If the user is pregnant, nursing mother or has chronic disease, it is mandatory to consult with a doctor before using the services.
- The user acknowledges that the service provider is not a health care provider, the service provider does not provide medical services or give medical recommendations or promises.
- While using the services, users themselves or with the help of an adequate specialist are obliged to constantly monitor their state of health and stop using the services immediately if there is even a slight doubt that it is harmful for their health.
- The service provider does not take peculiarities of state of health (e.g. allergies, food intolerance) into account when drafting meal plans. The user acknowledges that when making dieting decision the service provider cannot control suitability of every nutriment to particular user.
- When using recommended meal plan, the user must always ensure that the nutriments used in food preparation do not contain allergens, which might cause allergic reactions, or other contraindicated ingredients considering user’s state of health.
- When using recommended training plan, the user must ensure that the exercises are done exactly as shown in the training video. When the user is not sure whether he/she can do the exercises safely, the user must consult with a competent specialist (e.g. personal trainer or sports medicine doctor.)
- While doing the exercises from the training plan, the user monitors his/her health constantly. The user also considers his/her physical abilities and condition whilst choosing the workout load. The user puts his/her health first. If there is even a slight doubt that using the training plan has bad effect on user’s health, he/she must stop using it immediately.
- By registering an account, the user also gives consent to the service provider to transfer the data that is prerequisite for using the website and providing services to the system managers of aMember and GetResponse software.
- Personal data according to the Estonian Personal Data Protection Act are any data concerning an identified or identifiable natural person.
- Processing of personal data is any act performed with personal data, including the collection, recording, organisation, storage, alteration, disclosure, granting access to personal data, consultation and retrieval, use of personal data, communication, cross-usage, combination, closure, erasure or destruction of personal data or several of the aforementioned operations, regardless of the manner in which the operations are carried out or the means used.
- The collection of the personal data defined by the service provider is a prerequisite to creating a user account and using the services.
- The service provider collects following data about the user: name, e-mail address, address, Facebook authentication data about user (when registering through Facebook), age, body weight, height, sex, goal (to gain or lose weight), sports club used. By using the website www.fitlap.com, the service provider can acquire user’s IP address and location.
- The user acknowledges that blog posts created in the user environment are public and the service provider has the right to share them on selected websites. Creating blog posts is not a prerequisite to using the services and is not compulsory.
- The user’s personal data becomes available to the service provider on creating a user account and during the further use of the account.
- The user’s personal data are stored in data centre located in the European Union.
- The service provider processes user’s personal data for following purposes:
- To fulfil the obligations concerning service providing, such as drafting meal and training plans according to user’s wishes and needs;
- To personalize the use of website according to user’s needs;
- To offer services through marketing activity;
- To generate statistics for marketing purposes;
- To use user’s non-personal data in marketing activity;
- To give user information;
- To comply with legal obligations.
- The service provider processes personal data only with the consent of the user.
- User may withdraw his/her consent at any time by informing the service provider via e-mail address email@example.com.
- The user has the right to demand the service provider to alter their data, rectify inaccurate personal data and erase data or file an objection against the processing of his/her data at any time by informing the service provider via e-mail firstname.lastname@example.org.
- The user has the right to demand the service provider to transfer personal data to the user or to third party at any time by informing the service provider via e-mail email@example.com.
- The service provider does not transfer personal data to third party, unless such transfer is carried out based on the law or the consent of the user.
- The service provider stores user’s personal data until he/she has a user account on the website www.fitlap.com or until it is necessary for providing services to the user. The service provider can store user’s personal data for a longer period if it is necessary for fulfilling legal obligations or settling a dispute.
- The user has to inform the service provider immediately via e-mail firstname.lastname@example.org if there is even a slight doubt that a third party, who does not have the user’s consent, has access to his/her password-protected user account.
- If the service provider violates the rules of data protection, the user has the right to file a complaint to Data Protection Inspectorate (Andmekaitse Inspektsioon).
- The service provider provides personal internet-based training and dieting instructions, which are available for the user only during the period that the user has paid for. The user’s access to the meal plans is terminated after the paid membership expires.
- One household may only use the training and dieting instructions given to the user by the service provider.
- The payments made to the service provider are intermediated by different credit institutions or credit intermediaries and mobile payment platforms. List of them and bank details are available on the website www.fitlap.com.
- It is possible to pay for services by making single payments or by standing order. Price list is available on the website www.fitlap.com.
- By choosing to pay by standing order an ordinary standing order agreement is concluded for an unspecified term, which can be amended by the user on following conditions:
- After the expiry of the agreement on the website www.fitlap.com or by e-mail email@example.com;
- The user can always extend the period of paid membership.
- When paying through PayPal, a standing order agreement will be concluded, which can be annulled on the PayPal website at any time.
- The client can use password-protected training and dieting instructions right after making the payment.
- The user has the right to withdraw from the contract of sale within 14 days after the payment for services is made. To withdraw from the contract an application for withdrawal must be sent to firstname.lastname@example.org. The price paid for the service will be refunded within 14 days as of receiving the application for withdrawal.
- The service provider is liable to the user only for non-performance of an obligation, which is caused intentionally or due to gross negligence.
- All the information on the website www.fitlap.com is protected by copyright.
- There must be a prior authorisation (in a format which can be reproduced in writing) from the service provider for using information in a way that is not allowed in the Estonian Copyright Act , such as for the reproduction, alteration, processing of information or publishing content in other ways.
FACEBOOK SUPPORT GROUP
- The purpose of the Facebook support group is to give users an opportunity to support each other by sharing their delights, concerns and achievements. It is also possible to ask questions from the service provider about the use of the website www.fitlap.com.
- It is prohibited to insult other group members, the service provider or the website www.fitlap.com in the Facebook support group.
- If the user violates the rule set out in the former paragraph, the service provider has the right to remove that person from the support group without warning.
- If the user passes personal training and dieting instructions on to other members of his/her household, who are not members of the website www.fitlap.com, he/she must inform them about all the provisions set out in this document.
- Passing on training and dieting instructions to third parties (except the user’s household) is prohibited.
- The resale of training and dieting instructions to third parties is strictly prohibited.