Ordering the Service, entering into the Contract
- The provider of NETFIT online training (hereinafter the Service) is AS My Fitness (hereinafter MyFitness), registry code: 11273563, address: Haabersti 5, Tallinn 13516, e-mail: firstname.lastname@example.org
- The Services can be ordered and used by a person with a valid membership agreement with MyFitness (except for a on-hold membership) by creating a user account in the NETFIT web environment www.netfit.ee (hereinafter NETFIT web environment) managed by My Fitness or in the MyFitness self-service environment.
- These Conditions of Use of the Service (hereinafter the Conditions of Use) apply to all persons who have created a user account in the NETFIT web environment (hereinafter the Client).
- In order to use the Services, the Client creates a user account in the NETFIT web environment, selects the appropriate type of Service (training package), confirms the reading and acceptance of the Conditions of Use and enters payment card details to pay for the Services, except for a MyFitness member.
- The Contract between MyFitness and the Client for the purchase of the Service (hereinafter the Contract) shall be deemed entered into if the Client has created a user account and accepted the Conditions of Use. Conditions of Use and the Price List of the Services are part of the Contract, which the Client can read in the NETFIT web environment.
- After entering into the Contract, a confirmation of entering into the Contract and information on the possibilities of saving the Contract will be sent to the Client’s e-mail address.
- MyFitness has the right to unilaterally change the Conditions of Use and the Price List of the Services at any time by notifying the changes in the NETFIT web environment 14 days in advance, so the changes will take effect 14 days after the web notification. If the Client does not agree with the changes, he or she has the right to cancel the Contract in accordance with clause 33. If the Client does not terminate the Contract before the amendments enter into force, he or she shall be deemed to have agreed to the amendments and the contractual relationship will continue on the amended conditions.
Use of Services
- Use of the Services by persons under the age of 18 is only permitted under the supervision of an adult. Not all workouts may be suitable for minors. The Contract is entered into on behalf of the Client under the age of 18 by a parent or guardian who is his or her legal representative and who remains, together with the Client, responsible for the performance of all obligations of the Client arising from the Contract.
- The Client understands that the Service is a non-personal remote service and the use of the Service is entirely at the Client’s own risk. When choosing and using the Services, the Client monitors his or her health condition himself or herself or with the help of a person with the relevant specialist knowledge, and in case of the slightest doubt about the suitability of the training or if a symptom or injury occurs, consults his or her doctor.
- The Service may be used only by the Client, allowing third parties to use the Service is not permitted.
- To use the Services, the Client must have an Internet connection.
- All content and materials of the Services presented in the NETFIT web environment belong to MyFitness and are protected by copyright. By entering into Contract, the Client undertakes not to store, reproduce, distribute, modify, present, publish, create derivative works, offer for sale or use (except in the cases expressly permitted in these Conditions of Use) content or information contained in or obtained through the use of the Services. Also, Client may not upload, post, e-mail, or otherwise transfer or transmit material intended to interrupt, destroy, limit, or otherwise manipulate the functionality of any computer software or hardware or equipment associated with the Service (including software viruses or any other computer code, files, or programs).
- The Service and all content available through the Service are intended for the Client’s personal and non-commercial use only and may not be shared with third parties. During the term of the Contract, MyFitness grants the Client a limited right to access the Services and use the content of the Service for personal purposes.
Payment for Services
- The Services are paid for once a month, according to the price indicated in the Price List of the Services. Payment will be made for the first month of validity of the Service immediately after entering into the Contract and each subsequent monthly payment will always be made on the last day of validity of the package before the expiry of the package.
- If the Client has a valid membership agreement with MyFitness, payment for the Services will be made on the basis of the e-invoice standing order service together with other fees payable under the membership agreement and in accordance with the price specified in the Price List of the Services. When paying on the basis of the e-invoice standing order service, the Client shall ensure the existence of a sufficient amount of money on his or her current account and a valid e-invoice standing order agreement in favor of MyFitness on the date specified in the Contract. If clause 15 of this Contract applies to the Client, clauses 19 and 22 of the Contract shall not apply.
- The Services must be paid for regardless of whether the Client actually uses the Service or not.
- Use of the Services may also begin with a free trial. The duration of the free trial period is determined upon registration and is intended for new Clients to try the Service. MyFitness will send the Client an e-mail reminder about the end of the trial period 3 days before the end of the free trial period.
- The fee for the billing cycle (one month) following the trial period will be deducted from the Client’s credit card (or other payment instrument accepted by MyFitness) at the end of the free trial period, if the Client has not terminated the Contract before the end of the free trial period.
- By entering into the Contract, the Client consents to and authorizes MyFitness to use and process the payment instrument data provided by the Client (including payment card number, type, validity period and CVV/CVC authentication codes) to make transfers to pay for the Services selected by the Client in accordance with the Contract. The Client consents to MyFitness authorizing the processing of his or her payment card data and making transfers to a third party, i.e. an operator acting on behalf of MyFitness. The Client acknowledges and agrees that upon purchase of any type of Service, MyFitness will be entitled to make such payments automatically (including through the operator) without the Client’s separate consent to transfer any such charges (unless the payment rules for a particular Service provide other payment arrangements). MyFitness does not collect or store payment card information.
- Payments due under the Contract shall be deemed to have been duly made from the moment the corresponding amount has been received in the MyFitness bank account.
- MyFitness submits invoices to the Client in electronic form. The invoice is valid without a signature. Irrespective of the receipt of the invoice, the Client is obliged to ensure that his or her current account to which his or her payment card is linked has funds for all payments provided for in the Contract as of the date of the transfer.
- If the first attempt to make a transfer fails (i.e. a refusal is received from the credit institution for any reason, including due to lack of necessary funds on the current account related to the payment card), MyFitness has the right to immediately suspend the use of the Service for a new period for which the Client has not paid and to block the Client’s access until the corresponding debt is fully written off. MyFitness has thereby the right to make an unlimited number of attempts to perform the respective payment transactions during the validity of the Contract and within 1 (one) month after its expiry.
- In the event of a change in rates or arrangements, MyFitness has the right to unilaterally change all amounts included in the Contract in accordance with the change in the rate or arrangement, notifying the Client thereof at least 14 days in advance. MyFitness does not notify the Client of the reduction of amounts.
- If MyFitness has suspended the provision of the Service on the basis of clause 22 of the Contract, then:
- while the provision of the Service is suspended, the Client cannot use it;
- during the suspension of the provision of the Service, the service fee is charged, and the Client cannot demand the recalculation, reduction or refund of the service fee;
- MyFitness notifies the Client of the suspension of the provision of the Service and indebtedness within 2 (two) working days;
- MyFitness has the right to refuse to enter into a new contract with the Client.
- If during the suspension of the provision of the Service the Client’s debt to MyFitness is canceled in full, the Client’s access to the Services will be restored immediately.
- Suspension of the provision of the Service or termination of the Contract does not release the Client from the obligation to pay the debt to MyFitness incurred before the termination of the Contract. Clauses 19 and 22 of the Contract also apply, which give MyFitness the right and authority to make transfers within 1 (one) month after the termination of the Contract to fully pay the debt incurred by the Client to MyFitness during the term of the Contract.
- If the Client has not used the Service for reasons beyond the control of MyFitness, the service fee is not subject to full or partial refund.
- In the event of a delay in the payment of the contractual fee(s), MyFitness has the right to claim interest on arrears of 0.15% of the amount due per day for each day of delay until payment of the amount due.
- If the Client is obliged to pay different amounts arising from the Contract to MyFitness at the same time, the payments made to fulfill the obligations shall cover, firstly, the costs incurred to collect the fees, secondly other obligations (incl. interest and fines) and lastly basic claims (service fee).
- MyFitness has the right to assign claims arising from the Contract against the Client to the persons in part or in full without the separate consent of the Client, including collection companies and/or other associations dealing with claims.
- MyFitness is liable to the Client and the Client has the right to use legal remedies against MyFitness only if MyFitness has violated its obligations intentionally or due to gross negligence.
Term and Termination of the Contract
- The Contract is for an indefinite period, so it is valid until terminated by the Client or MyFitness.
- The Client has the right to terminate the Contract at any time by logging in to his or her account in the NETFIT web environment and following the instructions given to terminate the Contract.
- The Contract terminates as soon as you have confirmed your wish to terminate it in your user account. Upon termination of the Contract, the fee paid for the current month will not be refunded to the Client. The Client has the right to continue using the Services purchased until the end of the current month, and in doing so, these Conditions of Use apply to the Service, except clauses governing the payment of fees.
- MyFitness has the right to cancel the Contract exceptionally without prior notice if:
- the Client has provided MyFitness with incorrect, inaccurate or incomplete personal, contact or payment card data or if he or she has tried to use the respective data of a third party;
- the Client’s NETFIT user account is used by a person other than the Client;
- the Client has incurred an indebtedness upon any contractual payment at least thirty (30) days in a row or more than (3) three times a calendar year;
- the Client otherwise materially violates the Contract.
- If MyFitness cancels the Contract on the basis of clause 35, the service fee will not be refunded to the Client for the remaining unused service period after the termination of the Contract and MyFitness will withhold it as a contractual penalty. In addition, MyFitness has the right to refuse to enter into new contracts with the Client.
- In the event of the ground for cancellation specified in clause 35, MyFitness has the right to demand payment of a contractual penalty instead of or together with the cancellation. The amount of the contractual penalty is the Client’s valid triple monthly fee.
- MyFitness has the right to cancel the Contract, regardless of the reason, by notifying the Client thereof 30 days in advance.
- The cancellation of the Contract by the Client or MyFitness, as well as the submission of a claim for a contractual penalty by MyFitness does not limit or exclude MyFitness’s right to demand payment of the contractual debt and/or indemnification from the Client.
- The Client may withdraw from the Contract entered into, without giving a reason, by means of communication within 14 (fourteen) days in the manner described in clause 33. If the Client has used the Services during this period, he or she undertakes to pay MyFitness a proportionate share of the monthly fee according to the price list of the respective Service, taking into account the free trial period, if applicable. By entering into the Contract, the Client confirms the wish to start consuming the Services before the expiry of the 14-day withdrawal period.
- Unless otherwise stated in the Contract, MyFitness shall forward all notices and other correspondence related to the Contract and the Conditions of Use to the Client using the contact information specified in the Contract, in particular to the e-mail address specified in the Contract.
- Notices and other correspondence shall be deemed delivered to the Client if five (5) calendar days have passed since the transmission.
- The Client undertakes to immediately notify MyFitness of any changes in his personal and contact details.
- MyFitness publishes all general notices related to the Services on the NETFIT web environment.
Applicable law and dispute settlement
- In matters not regulated in the Contract, the parties shall be guided by the legislation in force in the Republic of Estonia.
- All disputes arising out of or in connection with the Contract shall be settled through negotiations and in the event of failure to reach an agreement, the disputes shall be settled in Harju County Court.
Processing of personal data
- MyFitness processes the Client’s personal data under the conditions specified in the privacy notice published on its website https://www.myfitness.ee/en/about-myfitness/important-information/privacy-notice/.
- MyFitness has the right to run campaigns, during which the discounts are valid only for the period specified in the campaign conditions and are extended only to persons who meet the definition specified in the campaign conditions.
- As a rule, the conditions of the campaign apply only to new Clients and MyFitness has the right to refuse to enter into a Contract with a person if there is a suspicion that the person has terminated the Contract only or mainly for the purpose of receiving a campaign discount.