Kapryas.com website regulations
Introduction
1. These regulations, drawn up on the basis of the provisions of law in force in the territory of the Republic of Poland, define the rules for the use and operation of the Websitekapryas.com.
2. Upon starting to use the Website, the User is obliged to read the contentof the Regulations. Further use of the Website is tantamount to acceptance of the Regulations.
3. Using the Website is possible provided that the ICT system used by the User meets the minimum technical requirements listed in the Regulations.
4. Everything that is placed on the Serwisie, including in particular its concept, trade name, layout, logo, graphics, software and database are protected by law and may not be copied, distributed and used without consentkapryas.com. Using them is prohibited and violates the mandatory provisions of law. The User is responsible for violating the rights of the Kapryas Website, in particular copyright and related rights, trademark rights, personal rights 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 whimsical consent.
5. Users can access and download the Regulations, 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 for the provision of Services, about which it will inform the Users in a manner appropriate for the change of the Regulations.
8. Any disputes arising between the website and the Users will be considered by the competent Polish common courts.
Definitions
Statuteare these Regulations for the provision of electronic services on the kapryas.com website, which define the conditions for the provision of Services by the Service Provider via the www.kapryas.com website to the Users. In the scope of services provided electronically, the Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
Useris an entity that concludes a Service Agreement with the Service Provider, provided that it has full legal capacity or limited legal capacity in cases governed by generally applicable law or is a legal person or organizational unit. Protecting the privacy of minors is particularly important. For this reason, no part of the Website is intended for persons under the age of 13, unless with the consent of their legal guardians.
service provider to Kapryas website, available at the Internet addresskapryas.com, is run by Kamila Apryas with its registered office in Calpe at Calle Gran Bretana 1, conducting unregistered activity in accordance with the Act of March 6, 2018 - Entrepreneurs' Law, hereinafter referred to as the "Service Provider".
Serviceis a Website run by the Service Provider via a website available on the Internet atwww.kapryas.com. This website provides Services to Users.
Serviceis a service provided by the Service Provider to the User, on the basis of an Agreement concluded between the parties via the Website, as part of an organized system of concluding distance contracts.
Arrangementis an agreement for the provision of the Service by the Service Provider to the User.
Productis a meeting, class or course available in the offer of the Services, which is the subject of the Agreement for the provision of services between the User and the Service Provider.
Meetingit is an individual session and can be booked subject to availability.
Classesis a group session that can be repeated. Users, after purchasing a Plan/Payment or using a one-off payment, book any session in which they want to participate.
Courseis a set of group sessions. Users reserve all of them in advance after selecting the appropriate Plan/Payment or by one-time payment.
Contact formis a form available on the Website enabling contact with the Service Provider.
Registration Formis a form available on the Website that allows you to create an Account.
The order formis an Electronic Service, an interactive form available on the Website, enabling the conclusion of 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.
Accountis an Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's ICT system, in which data provided by the Service Recipient and information about the Services selected by him are collected.
newsletteris an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions. This service is voluntary.
Service Agreementis a Product sales contract concluded or concluded between the User and the Service Provider via the Order Form.
electronic serviceis a service provided electronically by the Service Provider to the User via the Website.
Orderis the User's declaration of intent submitted via the Order Form and aimed directly at concluding a Service Agreement with the Service Provider.
Contact with the Service Provider
1. Email address:yoga@kapryas.com
2. The Service Recipient may contact the Service Provider via the contact form available on the website and via social networking sites such asInstagramandFacebook.
Technical requirements
1. For the proper functioning of the Website, you need:
- A device with Internet access
- A web browser that supports JavaScript and cookies.
2. To place an order via the Order Form, in addition to the requirements set out in para. 1, an active e-mail account and a payment card are necessary.
3. Kapryas makes every effort to ensure high-quality operation of the Website, 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 Website.
4. The functioning of the Website requires periodic technical monitoring, corrections and maintenance, which may cause temporary interruptions in the operation of the Website. In the event of interruptions in access, lasting longer due to a failure, Kapryas will endeavor to remove the failure in the shortest possible time.
Services provided by the Kapryas Website, conclusion of the contract and payments
1. Servicekapryas.comprovides electronically to Users who have expressed their willingness through the Registration Form and consent to the Newsletter, the following free services:
a) maintaining a User Account,
b) providing information in the form of a Newsletter
2. The service of maintaining a User Account is available after registration, on the terms described below.
3. The service of maintaining a User Account is provided for an indefinite period, from the moment of registering the Account. The User who has registered may independently, at any time and without giving any reason, delete his Account or submit a request to Kapryas to delete this Account.
4. The Account maintenance service is free of charge, however, access to the full scope of the Website's functionalities, including the Products, requires payment for the Service. Browsing the Website's offer does not require creating an Account.
5. Kapryas may decide that some Products are available permanently or temporarily free of charge to registered and/or unregistered Users, however, this cannot be the basis for any claims on the part of the User.
6. Kapryas is entitled to delete the Account or block the User's access to services provided electronically, in the event of the User acting to the detriment of Kapryas or other Users, the User's violation of the law, including the Regulations, in particular if the User during registration on the Website or when making a payment for Paid Services, provided untrue, inaccurate or violating the rights of third parties when using the Website in a manner inconsistent with applicable law.
7. The Newsletter service consists in sending by Kapryas to the User's e-mail address messages containing commercial information and offers regarding the services provided by the Websitekapryas.com.
8. The Newsletter service is ordered by the User using the appropriate Newsletter activation field in the registration form or in another form made available on the Website.
9. Resignation from the Newsletter service is possible at any time, without giving a reason - the User may independently resign from receiving the Newsletter by selecting the appropriate option to resign from the Newsletter service using _cc781905- 5cde-3194-bb3b-136bad5cf58d_link placed in each Newsletter message.
10. On the Website, it is possible to conclude a Service Agreement for a definite period (without cyclical renewal) and for an indefinite period (in the form of a renewable subscription).
11. By concluding the Agreement for the provision of Services, the User agrees that:
a) is responsible for getting acquainted with the full range of products before committing to conclude the Agreement;
b) enters into a legally binding Contract when commits to purchase and completes the payment process at checkout.
12. The prices for using my services and products are listed on the website. I reserve the right to change the prices of the displayed products at any time and to correct errors in prices that may happen by accident. Additional pricing and sales tax information is available on the payment page.
12. Ordering the Service as part of the provision of services for a fixed period (without cyclical renewal) is an agreement concluded for a definite period.
13. As a result of concluding the Agreement for a definite period of time, the User, in return for making a one-off payment, gains access to the Services of his choice indicated in the information accompanying the purchasing process for a period of e.g. 30 days, after which the access is terminated.
14. Access to the Services covered by the Agreement for a definite period of time is granted to the User for a strictly defined period of time, calculated:
• from the moment of concluding the Agreement selected by the User (if the User requested the immediate start of using the services during the ordering process),
• until the moment (determined by day, hour, minutes and seconds) falling exactly after the expiry of the access time covered by the Agreement, which is the product of 24-hour periods, counted from the moment of concluding the Agreement selected by the User (e.g. in the case of Agreements concluded for 30 days, or also Agreements concluded for 1 hour), and in the case of some Services, the provision of which may begin at a strictly defined time - until their completion.
15. In connection with the conclusion of the Agreement for a fixed period of time, the User is obliged to make a full payment for the Services selected by him during the conclusion of the Agreement for the provision of services, immediately after the relevant dialog box is displayed.
16. Ordering the Service as part of the provision of services for an indefinite period (in the form of a renewable subscription) constitutes an agreement concluded for an indefinite period.
17. By concluding the Agreement for the provision of services for an indefinite period, the User agrees that the fee for the Paid Service will be charged automatically by charging the payment card for subsequent billing periods.
18. The User may terminate the Agreement at any time with effect at the end of the current billing period. Whereas the monthly billing period is 30 consecutive calendar days if you choose a subscription for one month, three months is 90 consecutive calendar days if you choose a subscription for 3 months, six months is 180 _cc781905-5cde-3194 -bb3b-136bad5cf58d_consecutive calendar days if you choose a 6-month subscription, and an annual is 365 consecutive calendar days if you choose a 12-month subscription. Settlement periods are determined by the day, hour, minutes and seconds falling exactly after the end of the access time covered by the Agreement, which is the product of 24-hour periods, counted from the moment of concluding the Agreement selected by the User.
19. The provision of the Service lasts from the conclusion of the Agreement until its termination 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.
20. Access to the Services will take place immediately after Kapryas receives confirmation of payment acceptance by the payment operator, however, Kapryas is not responsible for the consequences of delays in making payments, for which payment service providers are responsible.
21. Payment for access to the Service can be made when concluding the Agreement for the provision of services. Payments on my Site can be made by debit or credit card using the Stripe.com platform, which is owned by Stripe, 354 Oyster Point Blvd, South San Francisco, CA 94080. The Privacy Policy and Payment Operator Terms and Conditions are available at:https://stripe.com/en-pl/ssa.
23. The User may conclude the Agreement on the provision of services via the website 24 hours a day, 7 days a week throughout the year.
24. The Agreement between Kapryas and the User is concluded after correctly completing the Order Form, providing correct contact details, selecting the type of Service Agreement and paying for access to the Service. If the provided data is incomplete, the Service Provider will contact the User. If contact with the User is not possible, the Service Provider has the right to cancel the Order.
25. By purchasing the Service, the User agrees to issuing and sending electronically, to the e-mail address indicated by him, a purchase confirmation together with an electronic invoice. The condition for receiving an invoice for the User's company data is entering the appropriate company data in the order form before making the payment for the Service.
26. After the User concludes the Agreement for the provision of services, he will receive an automatic response from the Website confirming the acceptance of the Agreement.
27. As part of the provision of Services by Kapryas, it grants the User a non-transferable, non-exclusive and limited license only to use the Services and only by the User.
28. The User is obliged to refrain from copying, modifying, disseminating, transmitting or using any Products in any other way. It is forbidden to sell, rent, lease or any paid or free disposal of the Products. Any attempts to introduce harmful data to the Website (malware, including viruses, spyware, "worms", etc.) are not allowed.
29. Kapryas may, without prior notice, change the services, discontinue the provision of services or any functions of the services offered, or set limits for the services. It may permanently or temporarily terminate or suspend your access to the Services without prior notice or liability for any or no reason.
30. Kapryas informs that the physical and/or breathing exercises contained in the Products are addressed to a wide range of Users and cannot take into account the health condition of all Users. The user performs them solely at his own risk and should adjust the type and intensity of physical activity to his health and physical condition. The website does not provide medical advice and consultations. Kapryas recommends that in case of doubts as to the possibility of exercising due to your health condition, consult a physiotherapist, and in the event of any disturbing symptoms, stop doing them.
Suspension of services, discontinuation of services, withdrawal from the contract
1. The User is obliged to use the Products made available in a manner consistent with the law and morality, taking into account respect for the personal rights and copyrights and intellectual property of Kapryas and third parties. The user is obliged to enter data consistent with the facts. The user is prohibited from providing unlawful content.
2. The User's actions that go beyond the granted license constitute a violation of the Regulations.
3. Access to the Website or Products may be blocked for the User if the User:
a) uses the Website or Products for purposes inconsistent with their intended use or to the detriment of third parties;
b) makes it difficult for other Users to use the Website or Products, including by interfering with individual elements of the Website or the IT environment in which the Products are located;
c) undertakes actions aimed at reading the data of other Users, including account passwords;
d) provides the login or password to its account on the Website to other Users or unauthorized third parties;
e) publishes on the Website or the IT environment materials that may interfere with the functioning of the Website or the IT environment in which the Products are located;
f) violates the Regulations - after Kapryas sends him a request in this regard and the expiry of the deadline for abandonment.
4. When the User uses the Service, Kapryas has the right to block the User's Account on the Website if the User fails to make payments on time under 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 functionalities of the Website, including in particular the Services. However, Kapryas has the option of unblocking the User's account on the Website who has made overdue payments.
5. Cancellation of the subscription can be made in the User Panel by clicking the "Cancel subscription" button at any time without giving a reason, which results in the cessation of the provision of Services. However, in this case, Kapryas is not obliged to return the payment made.
6. The User who is a consumer who has concluded an Agreement with Kapryas may, pursuant to art. 27 of the Act of 30 May 2014 on consumer rights, without giving a reason, withdraw from the Agreement within 14 days from the date of conclusion of the Agreement, however, before concluding the Agreement for the provision of the Service, the User who is a Consumer agrees to start providing the Service immediately, i.e. before the deadline for withdrawal from the Agreement in accordance with art. 38 of the Act of May 30, 2014 on consumer rights. In this case, when the performance of the service began with the express consent of the User before the deadline to withdraw from the Agreement and after informing him about the loss of the right to withdraw from the Agreement, the User who is a Consumer loses the right to withdraw from the Agreement.
7. Withdrawal from the Agreement takes place after the User submits an appropriate declaration of withdrawal, made in writing to the following e-mail address:yoga@kapryas.com
To meet this deadline, it is enough to send a statement before its expiry.
The statement may be submitted on the form, the template of which is attached as Appendix 1 in accordance with the Act of 30 May 2014 on consumer rights, available at stroniewww.kapryas.com/regulamin
8. In the event of withdrawal from the Agreement, the Agreement is considered not concluded.
9. After the User withdraws from the Agreement, Kapryas will return the price paid within 14 days of receiving the declaration of withdrawal. The refund is made by making a payment to the bank account number indicated by the User.
Copyright protection
1. The website and any materials posted or transmitted by it, including but not limited to images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, sound recordings, films, music and all intellectual property rights related to them are the sole property of Kamila Apryas. Except as expressly provided in these Terms, nothing contained herein shall be deemed to create a license under or under 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 from them.
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 to which Kapryas has the right to use.
4. It is forbidden to copy materials posted on the Website owned by Kapryas or third parties, including making them available in any form and the site 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 is processed for the purposes, for a period and based on the grounds and principles indicated inPrivacy Policypublished on the site. The privacy policy contains primarily the rules regarding the processing of personal data by the Administrator, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools. Using the Website, including making purchases, is voluntary. Similarly, providing 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 atwww.kapryas.com/privacy-policy
Complaints
1. If the User considers that Kapryas does not provide any Services in accordance with its obligations, it may file a complaint. The user is asked to inform Kapryas about any shortcomings so that Kapryas can respond to them.
2. Complaints regarding the operation of the Website may be submitted by the User electronically to the following addressyoga@kapryas.com
3. A complaint should contain the User's name and surname and the e-mail address used for registration and logging in to the Website, a description of its reservations, as well as its request.
4. If the complaint does not contain data enabling contact with the User, the complaint is left unprocessed.
5. If the complaint contains other deficiencies than those indicated in sec. 3 , or if it is necessary for the proper consideration of the complaint, Kapryas will ask/request the User to complete it, specifying the deadline, not shorter than 7 days and the scope of this supplement, with the instruction that failure to complete the complaint within the specified period will result in leaving the complaint unexamined. After the ineffective expiry of the deadline, the complaint is left without consideration.
6. Kapryas will immediately confirm receipt of the complaint.
7. Kapryas responds to the complaint in electronic form within 30 days from the date 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 or liability and for any reason, including if, in my sole discretion, you breach 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 anything else set forth above, with respect to automatically renewing subscriptions to paid services, such subscriptions will only be terminated after the relevant period has elapsed for which you have already paid.
Final provisions and amendments 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 art. 221 of the Act of April 23, 1964, the Civil Code (Journal of Laws of 2017, item 459, as amended), to which he is entitled under the mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with these provisions, priority shall be given to these provisions.
2. Kapryas informs the User who is a Consumer about the possibility of using out-of-court means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to settle disputes out of court. They may be, in particular, consumer ombudsmen or Voivodship Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection Konsumentów:http://www.uokik.gov.pl/spory_konsumenckie.php
3. The User may also file a complaint via the EU ODR (online dispute resolution) internet platform, available at:http://ec.europa.eu/consumers/odr/.
4. The User has the right to pursue claims in court proceedings before a court of competent local and material jurisdiction, without the need to use arbitration.
5. If it is not possible to resolve the dispute amicably between Kapryas and the User who is not a Consumer, the court competent to consider the dispute is the court competent for the seat of Kapryas.
6. The Regulations may be subject to change in the event of a change in the law or the conditions for the provision of the Service.
7. Kapryas will inform about the change of the Regulations via the Websitekapryas.comand by sending information to the e-mail address of the registered User.
8. Changes to the Regulations take effect - in the absence of a different reservation - from the date of posting information about the change. The new provisions of the Regulations are applied to Services ordered after the date of entry into force of the amendments to the Regulations.
9. If the User who is a Consumer does not accept the changes to the Regulations, he is entitled to terminate the Agreement with immediate effect, provided that the notice in the form in which the Agreement was concluded is submitted no later than within 14 days of notification of the change.
10. Kapryas is not responsible for any difficulties in using the Website caused by circumstances that Kapryas could not have prevented or foreseen with due diligence, including problems related to the operation of the ICT network or Internet connections, caused by random events or force majeure, for damages caused by using the Website in an incorrect manner, contrary to the Regulations and due to hardware, 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 damage and to the amount of losses actually incurred by them, i.e. it excludes liability for lost profits.
12. Persons who violate the law and the terms of the Regulations bear full responsibility for such actions.
13. Annexes to these Regulations are Appendix No. 1: model withdrawal form.
14. The Regulations come into force on November 24, 2022.
Appendix No. 1 - template of a declaration of withdrawal from a distance contract concluded outside the business premises
Data of the User-Consumer: Name and Surname / e-mail address
To: yoga@kapryas.com
DECLARATION OF WITHDRAWAL FROM THE AGREEMENT CONCLUDED AT A DISTANCE OUTSIDE THE PREMISES
I, the undersigned (name and surname or name) , hereby withdraw from the contract for the provision of the service …………………….. _cc781905-5cde -3194-bb3b-136bad5cf58d_ concluded on……………………………….
Bank account number for the refund /if it is a different account than the one from which the payment was made/ ……………………………………..
Date ……………………………………..