Terms and conditions

Introduction

1. These Regulations, drawn up on the basis of the provisions of the law in force in the territory of the Republic of Poland, set out the rules for the use and operation of the Internet Service kapryas.com.
2. The User, as soon as he/she starts using the Website, is obliged to familiarize himself/herself with the content of the Regulations. Continued use of the Website is tantamount to acceptance of the Regulations.
3. The use of the Website is possible provided that the ICT system used by the User meets the minimum technical requirements listed in the Regulations.
4. Everything placed on the Website, including in particular its concept, trade name, layout, logos, graphics, software and database are subject to legal protection and may not be copied, distributed and used without the consent of the kapryas.com. Their use is prohibited and violates the mandatory provisions of law. The User shall be liable for infringement of the rights of Kapryas, and in particular copyright and related rights, trademark rights, personal and property rights of Kapryas and third parties. It is forbidden to download any materials from the Website and use them for marketing and commercial purposes without the written consent of kapryas.
5. Users may access and download the Terms and Conditions, record, open, print or save them at any time they choose.
6. The Services provided by Kapryas are available to Users 6 days a week during the hours indicated on the Website.
7. Kapryas reserves the right to change the Services, in particular the packages offered to the Users and the rules of providing the Services, about which it will inform the Users in a manner appropriate for changing the Regulations.
8. Any disputes arising between the Service and Users shall be considered by the competent Polish common courts.

 

Definitions
Regulations are these Regulations for the provision of services by electronic means on the website kapryas.com, which sets out the terms and conditions for the provision of Services by the Service Provider through the website kapryas.com to Users . With regard to services provided electronically, the Regulations are the rules and regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).
User is an entity who enters into a Contract with the Service Provider for the provision of Services, provided that he/she has full legal capacity or limited legal capacity in cases regulated by generally applicable laws, or is a legal person or an organizational unit. The protection of minors' privacy is particularly important. For this reason, no part of the Service is intended for persons under 13 years of age, except with the consent of their legal guardians.
Service Provider is the Website Kapryas, available at the Internet address kapryas.com, is operated by Kamila Sylvia Apryas, located in Mutxamel at Avenida Carlos Soler 87 -5, doing business Autónomo VAT ID ESZ0748730Q here and after referred to as "Service Provider".
Website is a website operated by the Service Provider through a website available on the Internet at the following address. www.kapryas.com. The Website provides Services to Users.
Service is a service provided by the Service Provider to the User, based on an Agreement concluded between the parties through the Website, within the framework of an organized system of concluding agreements at a distance.
Contract is a contract for the provision of Services by the Service Provider to the User.
Product is a meeting, class or course available on the Services, which is the subject of the Contract for the provision of services between the User and the Service Provider.
An appointment is an individual session that can be booked subject to availability.
A class is a group session that may be repeated. Users, after purchasing a Plan/Card or with a one-time payment, book any session they wish to attend.
A course is a set of group sessions. Users book all of them in advance after selecting the appropriate Plan/Card or with a one-time payment.
Contact Form is a form available on the Website that allows users to contact the Service Provider.
Registration Form is a form available on the Website for creating an Account.
Order Form is an Electronic Service, an interactive form available on the Website, allowing to conclude a Service Agreement, in particular by selecting Products and specifying the terms of the Service Agreement, including the selection of days and hours of Service provision.
Account is an Electronic Service, marked with an individual name (login) and password provided by the Client, a collection of resources in the Service Provider's ICT system, in which the data provided by the Client and information about the Services selected by the Client are collected.
Newsletter is an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of the newsletter containing information about Products, news and promotions. This service is voluntary.
Service contract is a contract for the sale of a Product concluded or entered into between the User and the Service Provider through the Order Form.
Electronic Service is a service provided electronically by the Service Provider to the User through the Website.
Order is the User's declaration of intent made through the Order Form and aimed directly at concluding a Service Agreement with the Service Provider.

 

Contact with the Service Provider
1. E-mail address: yoga@kapryas.com
2. The Customer can contact the Service Provider through the contact form available on the website and through social networks such as Instagram i Facebook.

 

Technical requirements
1. For the proper functioning of the Service you need:
- A device with access to the Internet
- A web browser that supports JavaScript and cookies.
2. To place an order through the Order Form, in addition to the requirements specified in paragraph 1, an active e-mail account and a payment card are necessary.
3. Kapryas makes every effort to ensure high quality operation of the Service, but to the extent resulting from the characteristics of the IT environment used by the User, Kapryas does not guarantee uninterrupted and uninterrupted access to the Service.
4. The functioning of the Service requires temporary technical monitoring, corrections and maintenance, which may cause temporary interruptions in the operation of the Service. In case of interruptions in the ability to access, lasting longer due to a malfunction, Kapryas will endeavor to remove the malfunction as soon as possible.

 

Services provided by Kapryas Service, conclusion of the agreement and payment

1. Website kapryas.com provides electronically for Users who expressed their desire through the Registration Form and consent to the Newsletter, the following free services:
a) maintenance of User Account,
b) provision of information in the form of Newsletter
2. The service of maintaining the User Account, is available after registration, under the terms described below.
3. The service of maintaining the User Account is provided for an indefinite period of time, from the moment of registration of the Account. User who has registered may independently, at any time and without giving any reason remove his Account or report to Kapryas a request to remove this Account.
4. The service of maintaining an Account is free of charge, however, gaining access to the full range of functionality of the Service, including Products, requires payment for the Service. Browsing the offer of the Service does not require the establishment of an Account.
5. Kapryas may decide to make certain Products permanently or temporarily available free of charge to registered and/or unregistered Users, but this shall not constitute a basis for any claim by the User.

6. Kapryas is entitled to remove the Account or block the User's access to services provided electronically, in the case of action by the User to the detriment of Kapryas or other Users, violation by the User of the law, including Regulations, in particular when the User during registration in the Service or making the payment for paid services has provided data that are untrue, inaccurate or violate the rights of third parties, when using the Service in a manner inconsistent with applicable law.

7.Newsletter service consists of sending by Kapryas to the User's e-mail address messages containing commercial information and offers concerning services provided by the Service kapryas.com.

8.Ordering Newsletter service is through the use by the User of the appropriate field to activate the Newsletter in the registration form or other form available on the Site.

9.Resignation from the Newsletter service is possible at any time, without stating the reason - the User may resign from receiving the Newsletter by marking the appropriate option to resign from the Newsletter service using the link placed in each Newsletter message.

10. The Service offers the possibility to conclude a Service Agreement for a definite period of time (without cyclical renewal) and for an indefinite period of time (in the form of a renewable subscription).

11. By entering into a Service Agreement, the User agrees that:

a) it is your responsibility to familiarize yourself with the full range of products before committing to the Agreement;

b) you enter into a legally binding Agreement when you commit to purchase and complete the payment process at checkout.

12. prices for the use of my services and products are listed on the website. I reserve the right to change the prices of the products displayed at any time and to correct any errors in prices that may accidentally occur. Additional information about prices and sales tax is available on the payment page.

13. The ordering of the Service under the provision of services for a definite period of time (without cyclical renewal) shall constitute a contract concluded for a definite period of time.

14. as a result of the conclusion of the Agreement for a definite period of time, the User, in exchange for making a one-time payment, obtains access to the Services of his/her choice indicated in the information accompanying the purchase process for a period of, for example, 30 days, after which access is terminated. 

15. Access to the Services covered by the Contract for a limited period of time is granted to the User for a strictly defined period of time, calculated:

- from the moment of conclusion of the Contract chosen by the User (provided that the User has requested during the ordering process to start using the Services immediately),

- until the moment (designated by day, hour, minutes and seconds) falling exactly after the expiration of the access time covered by the Contract, which is the product of 24-hour periods, counted from the moment of conclusion of the Contract selected by the User (e.g., in the case of Contracts concluded for 30 days, or Contracts concluded for 1 hour), and in the case of certain Services, the provision of which may begin at a strictly specified time - until their completion.

16. In connection with the conclusion of a Contract for a definite period of time, the User is obliged to make full payment for the Services selected by him/her during the conclusion of the Contract for the provision of Services, immediately after the relevant dialog box in this regard is displayed to him/her.

17. The ordering of a Service under the provision of services for an indefinite period of time (in the form of a renewable subscription), shall constitute a contract concluded for an indefinite period of time.

18. By entering into an Agreement for the provision of Services for an indefinite period of time, the User agrees that the fee for a paid Service will be charged automatically by debiting the payment card for subsequent billing periods.

19. The User may terminate the Agreement at any time effective at the end of the current billing period. Whereby, a monthly billing period is 30 consecutive calendar days if you choose a one-month subscription, a three-month period is 90 consecutive calendar days if you choose a three-month subscription, a six-month period is 180 consecutive calendar days if you choose a six-month subscription, and an annual period is 365 consecutive calendar days if you choose a 12-month subscription. Billing periods are determined by the day, hour, minutes and seconds falling exactly after the expiration of the covered access time, which is the product of 24-hour periods, calculated from the conclusion of the Agreement selected by the User.

20. Provision of the Service shall continue from the conclusion of the Agreement until terminated as a result of cancellation of the Subscription by the User (resulting in termination of the Agreement) no later than 24 hours before the start of the next billing period and/or lack of funds on the User's payment card and unsuccessful attempts to charge it.

21. Access to the Services shall be made immediately upon receipt by Kapryas of confirmation of payment acceptance by the payment processor, however Kapryas shall not be responsible for the consequences of delays in payment, which are the responsibility of the payment processors.

22. Payment for access to the Service can be made at the time of entering into the Service Agreement. Payment on my Service can be made by debit or credit card through the Stripe.com platform, which is owned by Stripe, 354 Oyster Point Blvd, South San Francisco, CA 94080. The Privacy Policy and Terms and Conditions of the payment provider are available at: https://stripe.com/en-pl/ssa.

23. The User may enter into a Service Agreement through the website 24 hours a day, 7 days a week throughout the year.

24. The conclusion of the Agreement between Kapryas and the User occurs when the Order Form is properly completed, contact information is correctly provided, the type of Service Agreement is selected and access to the Service is paid for. In the event that the data provided is not complete, the Service Provider will contact the User. If it is not possible to contact the User, the Service Provider has the right to cancel the Order.

25. By purchasing the Service, the User agrees to issue and send electronically, to the e-mail address provided by the User, a confirmation of purchase together with an electronic invoice. In order to receive an invoice for the User's company details, the User is required to enter the relevant company details in the order form before making payment for the Service.

26. Once the User has concluded the Service Agreement, he/she will receive an automatic response from the Service confirming acceptance of the Agreement.

27. As part of the provision of the Services by Kapryas, it grants the User a non-transferable, non-exclusive and limited license only for the use of the Services and only by the User.

28. You shall refrain from copying, modifying, distributing, transmitting or otherwise exploiting any Products. You may not sell, lease, rent or dispose of the Products in any way, whether for a fee or not. Any attempt to introduce harmful data (malware including viruses, spyware, “worms”, etc.) into the Service is prohibited.

29. Kapryas may, without prior notice, change the services, discontinue the services or any features of the services offered, or establish limits for the services. It may permanently or temporarily terminate or suspend access to services without prior notice and liability for any reason or no reason.

30. Kapryas informs that the physical and/or breathing exercises included in the Products are aimed at a wide range of Users and cannot take into account the health of all Users. The User performs them solely at his/her own risk and should adjust the type and intensity of physical activity to his/her health and physical condition. The Service does not provide medical advice or consultation. Kapryas recommends that in case of doubts about the possibility of performing exercises due to health condition, consult a physiotherapist, and in case of any worrying symptoms, stop performing them.

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Suspension of services, discontinuation of services, withdrawal from the contract
1. The User is obliged to use the Products provided in a manner consistent with the law and good morals, taking into account respect for personal rights and copyrights and intellectual property rights of Kapryas and third parties. The User is obliged to enter data in accordance with the facts. The User is prohibited to provide unlawful content.
2. The User's actions beyond the granted license shall constitute a violation of the Terms of Use.
3. Access to the Service or Products may be blocked to the User if the User:
(a) uses the Service or Products for purposes inconsistent with their purpose or to the detriment of third parties;
b) obstructs other Users from using the Service or Products, including by interfering with individual elements of the Service or the IT environment in which the Products are located;
c) takes actions aimed at reading other Users' data including passwords to accounts;
d) shares the login or password to his/her account on the Service with other Users or unauthorized third parties;
e) posts materials on the Service or the IT environment that may interfere with the functioning of the Service or the IT environment in which the Products are located;
f) commits a violation of the Terms of Service - after Kapryas has addressed a summons to him/her in this regard and the time limit set to desist has expired ineffectively.
4. When the User uses the Service, Kapryas has the right to block the User's Account on the Service if the User fails to make timely payments in accordance with the terms of the Agreement, the offer and these Regulations. In the situation referred to in the preceding sentence, the User loses the ability to use the functionality on the Website, including, in particular, the Services. Kapryas However, it is possible to unblock the account of the User on the Site , who has paid the overdue payments.
5. Cancellation of a subscription can be done in the User Panel by clicking on the "Cancel Subscription" button at any time without providing a reason, which results in discontinuation of the Services. However, in such case Kapryas is not obliged to refund the payment made.
6. The User, being a consumer, who has entered into an Agreement with Kapryas may, pursuant to Article 27 of the Act of May 30, 2014 on Consumer Rights, without giving any reason withdraw from the Agreement within 14 days from the date of entering into the Agreement however, before entering into the Agreement for the provision of Services, the User, being a Consumer, agrees to immediately commence the provision of the Service, i.e. before the expiration of the deadline for withdrawal from the Agreement in accordance with Article 38 of the Act of May 30, 2014 on Consumer Rights. Including in the case where the performance has begun with the express consent of the User before the expiration of the deadline for withdrawal from the Agreement and after informing the User about the loss of the right to withdraw from the Agreement, the User who is a Consumer shall lose the right to withdraw from the Agreement.
7. Withdrawal from the Agreement shall take place after the User submits an appropriate statement of withdrawal, made in writing to the email address: yoga@kapryas.com
Sending the statement before its expiration is sufficient to meet this deadline.
The statement can be made on the form, the template of which is Appendix No. 1 in accordance with the Act of May 30, 2014 on Consumer Rights, available at www.kapryas.com/regulations
8. In the event of withdrawal from the Agreement, the Agreement shall be considered not concluded.
9. After withdrawal from the Agreement by the User, Kapryas will refund the price paid within 14 days of receipt of the withdrawal statement. The price shall be refunded by payment to the bank account number indicated by the User.

 

Copyright protection
1. The Service and all materials on or through it, including but not limited to images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, sound recordings, videos, music, and all intellectual property rights related thereto, are the exclusive property of Kamila Apryas. Except as expressly provided herein, nothing contained herein shall be deemed to create a license under or by virtue of any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works based thereon.
2. Kapryas grants the User a non-exclusive, territorially unlimited license to use the Website for the duration of the Agreement.
3. All materials (including texts, graphics, logos) posted on the Website are the property of Kapryas or third parties, which Kapryas has the right to use.
4. It is forbidden to copy materials posted on the Service that are the property of Kapryas or third parties, including making them available in any form and place without the written consent of Kapryas.

 

Personal data
1. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the Privacy Policy published on the website. The Privacy Policy primarily contains rules regarding the processing of personal data by the Administrator, including the grounds, purposes and period of processing of personal data and the rights of data subjects, as well as information regarding the use of cookies and analytical tools. Use of the Website, including making purchases, is voluntary. Likewise, the related provision of personal data by the User is voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion of the contract and statutory obligations of the Service Provider).
2. The Privacy Policy is available at. www.kapryas.com/policy-privacy

 

Complaints
1. In the event that the User believes that Kapryas is not performing any Services in accordance with its obligations, the User may file a complaint. The User is requested to inform Kapryas of the deficiencies so that Kapryas may respond to them.
2. Complaints about the operation of the Service may be submitted by the User by e-mail to. yoga@kapryas.com
3. The complaint submission should include the User's name and email address used to register and log in to the Service, a description of his/her objections, and his/her request.
4. If the complaint does not contain any data enabling contact with the User, the complaint shall be left without consideration.
5. If the complaint contains other deficiencies than those indicated in paragraph 3, or if it is necessary for the proper consideration of the complaint, Kapryas will ask/request the User to supplement it, specifying the deadline, no shorter than 7 days, and the scope of such supplementation, with the instruction that failure to supplement the complaint within the specified period will result in leaving the complaint unprocessed. After ineffective lapse of the specified period, the complaint shall be left unprocessed.
6. Kapryas will immediately confirm receipt of the complaint.
7. Kapryas shall respond to the complaint in electronic form within 30 days of its submission.
8. if the complaint is not considered within 30 days from the date of its submission, it is considered that the complaint has been accepted.
9. I may permanently or temporarily terminate or suspend your access to the service without prior notice and liability and for any reason, including if, in my sole discretion, you violate any provision of these Terms and Conditions or any applicable law or regulation. You may discontinue use and request cancellation of your account and/or any services at any time. Notwithstanding any other provision set forth above, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only after the expiration of the applicable period for which you have already made payment.

 

Final provisions and amendment to the Regulations
1. The provisions of these Regulations are not intended to exclude or limit any rights of the User who is a consumer within the meaning of the provision of Article 221 of the Act of April 23, 1964, Civil Code (i.e.: Journal of Laws of 2017, item 459, as amended), to which he is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Regulations and those provisions, those provisions shall prevail.
2. Kapryas shall inform the User who is a Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized for out-of-court dispute resolution. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of Commercial Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php
3. The user may also submit his/her complaint through the EU online dispute resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.
4. the User shall have the right to pursue his/her claim in court proceedings before a court of competent local and material jurisdiction, without recourse to amicable settlement.
5. In the absence of the possibility of amicable resolution of a dispute between Kapryas and a User who is not a Consumer, the competent court to handle the dispute shall be the court having jurisdiction over the seat of Kapryas.
6. The Terms of Service may be subject to change in the event of a change in the law or the terms and conditions of the Service.
7. Kapryas will inform about the change of the Regulations through the website of the Service kapryas.com website and by sending information to the email address of the registered User.
8. Amendments to the Terms of Service shall take effect - in the absence of a different stipulation - from the date of posting information about the amendment. The new provisions of the Regulations shall be applied to Services ordered after the effective date of the amendments to the Regulations.
9. If the User, who is a Consumer, does not accept the change of the Regulations, he/she is entitled to terminate the Agreement with immediate effect, provided that he/she submits the termination notice, in the form in which the Agreement was concluded, no later than within 14 days of being informed about the change.
10. Kapryas shall not be liable for any hindrances to the use of the Site arising from circumstances that Kapryas could not have prevented or foreseen with due diligence, including problems related to the operation of data communications network or Internet connections, caused by random events or force majeure, for damages caused by the use of the Site in an improper manner, contrary to the Terms of Use, and due to equipment, system or software failures will be the result of factors beyond the control of Kapryas.
11. In the case of contracts concluded with Users who are not Consumers, the liability of Kapryas is limited to the case of intentional infliction of damage and to the amount of actual losses incurred by them, i.e. liability for lost profits is excluded.
12. Persons who violate the provisions of the law and the terms of the Terms and Conditions, shall bear full responsibility for such actions.
13. The appendices to these Regulations are Appendix No. 1: sample withdrawal form.
14. The Regulations shall come into force on 24.11.2022.

 

Appendix No. 1 - sample statement of withdrawal from the contract concluded at a distance outside the business premises
Data of the User-Consumer: Name and Surname / e-mail address
To: yoga@kapryas.com

DECLARATION OF WITHDRAWAL FROM AN OFF-PREMISES DISTANCE CONTRACT

I, the undersigned (name or surname), hereby, withdraw from the service contract .......................... concluded on...................................................................

Bank account number for reimbursement /if it is an account other than the one from which the payment was made/ ............................................

Date ............................................