SERVICE CONTRACT
consolidated with the general terms and conditions
– effective from the day of 1st of September, 2021 –
I. The general terms and conditions and the scope of the contract
1./ This contract (hereinafter referred to as the “Contract”) consolidates the rights and obligations of Tímea Wölfling, a sole trader (hereinafter referred to as the “Service Provider”) and the natural person using the service (hereinafter referred to as the “Customer”).
2./ The Contract and the general terms and conditions contained therein cover all the services indicated in Chapter III herein that can be rendered by the Customer through the webpage www.stretchlife.hu (hereinafter referred to as the „Webpage”) as well as the contents qualifies as services displayed on the social media platforms operated by the Service Provider (instagram.com/stretchlife.training/ and facebook.com/stretchlife.training/).
3./ This Contract is valid from the 1st of September, 2021 until withdrawal.
4./ The Service Provider reserves the right to amend and supplement this Contract within the framework of the relevant legislation. The Service Provider notifies the Customer on the amendment with an announcement placed on the Webpage at least 30 (thirty) days before the amendment enters into force. The announcement contains the exact reference to the amended provisions of the Contract, the time of the entry into force, the availability of the amended Contract and the information on the rights applicable to the Customer due to the unilateral amendment. The announcement is considered delivered on the 5th (fifth) business day from its disclosure.
Notwithstanding the above, if the amendment does not prejudice the rights of the Customer and/or does not make its obligations more burdensome (for example the amendment is done for the expansion, the improvement of standard of the service, making it more efficient or for the introduction of a new service, and in conjunction with this the service fee remains unchanged or is reduced, the amendment does not affect the conditions of the Service for the disadvantage of the Customer), Service Provider is not obliged to keep the 30 (thirty) days of notification deadline; in other cases the Service Provider proceeds in accordance with the above.
If the amendment does prejudice the rights of the Customer and/or does make its obligations more burdensome and the Customer does not wish to accept the amendment, it is entitled to cancel the Contract without legal consequences for the day preceding the entry into force of the amendment, within 15 (fifteen) days from the delivery of the announcement. If the termination is not done within the above deadline, it is considered as a legal declaration on the acceptance of the unilateral amendment of the Contract.
5./ The Parties shall consider the e-mail communication between them to be in writing, during which they are entitled to agree on the information necessary for the performance of the subject of this Contract.
II. The conclusion of the contract and the acceptance of the general terms and conditions. Service Provider’s details.
1./ The Contract is qualified as a written contract and is entered into exclusively in electronic form, as set forth in this Chapter:
2./ The Customer may notify the Service Provider of his/her intention to enter into a contract via the e-mail or telephone contact published by the Service Provider on the Webpage. The Customer is obliged to notify the Service Provider of his/her intention to enter into the contract in such a time that the Service Provider has the opportunity to start providing the service within a reasonable time (in case of a timetable, adjusting to the given timetable). The Customer is solely responsible for the late indication of the intention to enter into a contract, and the Service Provider is not obliged to provide the service. The Customer is obliged to confirm his/her intention to enter into a contract through the Webpage as follows (without this the service types indicated in Chapter III cannot be used):
3./ Acceptance of the Contract terms: If you choose from the types of services listed in Chapter III, the prior approval of this Contract and the Privacy Policy also published on the Webpage is required. However, the first occasion is exempted from this acceptance process, i.e. the first occasion shall not be covered by this Contract and the Privacy Policy. The Webpage provides more information on the conditions governing the first time (www.stretchlife.hu/lessons-and-prices/). After the Customer has indicated the application in accordance with point 2 above, the Service Provider will send a link to the e-mail address provided by the Customer, by clicking on which the Customer will be automatically redirected to the interface on the Webpage where he/she accepts the terms of this Contract and the Privacy Policy. The Customer is obliged to provide his / her full name on the Webpage - in order for the Service Provider to be able to identify the Customer as a contracting party (otherwise the Contract will not be concluded between the parties). The Customer may indicate his / her declaration of intent and consensus with the content of this Contract as well as his / her intention to enter into a contract being identical with this content by clicking the “Submit” button after checking the “checkbox” next to the text “I accept the General Terms and Conditions and the Privacy Policy”. By accepting this Contract and the Service Provider's Privacy Policy and then submitting the request to the Service Provider by clicking on the "Submit" button, the Customer decides to use the service under the terms of this Contract and the Privacy Policy. The Customer also acknowledges that clicking on the "Submit" button creates an obligation to pay a service fee.
4./ The commencement date of this Contract is the day on which the Customer confirms his/her intention to enter into the Contract to the Service Provider in accordance with point 3 above.
5./ Service Provider’s details:
Name: Tímea Wölfling sole traider
Registered seat and postal address: 1027 Budapest, Medve utca 34-40., V/23.
Registration number: 50253265
Tax number: 67451582-1-41
E-mail address: timi@stretchlife.hu
III. The content of the services and the service fee
1./ Service Provider provides the following services:
1.1. Individual lessons (personal and/or online): personalized sports sessions with the current content and remuneration indicated on the Service Provider's Webpage. The Customer can view the content of the Service Provider's individual lessons on the Webpage by clicking on the menu item www.stretchlife.hu/services. The venue for the individual personal lessons is The Stage studio, about which you can get more information by clicking on the following link: https://thestage.hu/welcome. Individual online lessons - depending on the Customer's choice - are held through the Zoom program or using Facebook video chat. The Zoom program can be accessed via the Motibro interface - after successful registration and login - or by clicking on the video link sent by the Service Provider in an e-mail prior to the beginning of the sports session. You can join the selected sports session at the beginning of the class with the push of a button. Participation works from both a laptop and a smartphone.
1.2. Group lessons (personal and/or online): group sports sessions with a limited number of people (depending on the nature of the class and the capacity of the facility) with the current content and remuneration indicated on the Service Provider's Webpage. The Customer can view the content of the Service Provider's group lessons on the Webpage by clicking on the menu items www.stretchlife.hu/services and www.stretchlife.hu/lessons-and-prices. The Service Provider provides information on the location of group personal lessons on the Webpage and on the social media platforms indicated in I/2. herein. The Service Provider reserves the right to change the location. Group online classes are held through the Zoom program, which is accessed by the Customer via the Motibro interface after successful registration and login. After registration and logging in to the class, the time zone and a countdown timer will be displayed on the "Online lessons" tab. You can join the selected sports session at the beginning of the class with the push of a button. Participation works from both a laptop and a smartphone.
2./ With regard to the content and fees of certain services included in chapter III, the current content and fees indicated on the Service Provider's Webpage shall apply. The content and fee of the service chosen and paid for by the Customer shall be the content and fee that was included on the Service Provider's Webpage at the time of application (point II/3).
IV. The application process and the performance of the Contract
1./ Application: Irrespective of the nature (individual or group) and type (online or personal) of the sporting activity, the Costumer is entitled to confirm its intention to enter into a contract for the first time through the Webpage as set out in clause II/3. For the first time, the application for the sports session is made electronically, by e-mail, provided that in case of personal sports session, the Customer can participate in the sports session in the facility provided by the Service Provider after the application. In the case of individual classes, the application is made for each subsequent occasion by the Customer contacting the Service Provider directly (e-mail, Facebook messenger, etc.) and thus indicating his / her intention to participate. In the case of group lessons, the Customer is obliged to register in the Motibro system in order to apply for each subsequent sports session, where the Customer - after successful registration - can apply for the given lesson. The Customer is solely responsible for the correctness and accuracy of the data provided. In case of individual sports sessions, the Service Provider will send the video link of the given session to the Costumer immediately, but not later than within 48 hours after the receipt of the application. In the case of group lessons - except for the first time - the Customer reaches the chosen type of occupation through the Motibro system. The Customer can only choose from prepayment options for online classes (individual, group) (Barion credit card payment option and bank transfer directly to the Service Provider), while in the case of personal classes, in addition to prepayment, it is also possible to choose the on-site cash option. The Customer acknowledges that in the case of online sports sessions, the condition for participation is the advance payment of the service fee by bank transfer (performance), failing which the Customer is not entitled to participate and the Service Provider may refuse the Customer to participate in the given session without further notice. Online credit card payments are made through the Barion system. Credit card details will not be sent to the merchant. Barion Payment Zrt., which provides the service, is an institution supervised by the Hungarian National Bank, its license number: H-EN-I-1064/2013.
2./ Contact: The Service Provider - if its workload allows it to contact another potential Customer - can also be contacted directly through the contact details published on the Webpage.
3./ Conclusion of this Contract: If the Customer agrees with the provisions of this Contract or the content of the “Privacy Policy” published on a separate link as set out in point II / 3, the Customer may enter into this Contract by clicking the "Submit" button. If the Customer does not agree with the provisions of this Contract or the content of the “Privacy Policy” published on a separate link, he / she cannot submit his / her intention to enter into a contract on the Webpage - i.e. this Agreement will not be concluded, so the Service Provider will be exempted from rendering sport service to the Customer (making a sports session link, adding a Customer to the group class). If the Customer has any comments, questions or requests for amendments regarding the terms and conditions of this Contract or the Privacy Policy of the Service Provider, he/she may indicate this in an e-mail sent to the Service Provider's e-mail address indicated herein. If the parties succeed in negotiating this Contract or the Privacy Policy in accordance with their mutual declaration of intent, they may conclude it in accordance with this Contract or the Privacy Policy, or with specific terms and conditions, with modified content. In the event of the Customer's unilateral will, if the Service Provider cannot accept the modification requests specified by the Customer, no contract may be concluded between the parties and the Customer will not be able to use the service.
4./ Payment of the service fee: Payment of the service fee can always be made only in a lump sum, on the one hand by bank transfer to the bank account number provided by the Service Provider by e-mail or by direct bank deposit payment, or in case of personal (individual, group) lessons it is also possible to pay in cash. On the other hand, in case of online classes and personal group classes, it is also possible to pay the service fee – in advance – within the Motibro system via the Barion payment service provider (with immediate credit card payment or bank transfer) – purchase a ticket or a monthly pass – beyond the above options. The Customer acknowledges that in the case of online lessons, the service fee can only be paid by prepayment via bank transfer. The service fee is deemed to be paid by crediting the Service Provider's bank account. If the Customer pays less than the amount of the service fee to be paid to the Service Provider's bank account, the paid amount will be refunded to him/her and the Customer will lose the opportunity to participate at the Service Provider’s given class. Payment of the transaction fee associated with the return shall be borne by the Customer.
4a./ Cancellation: The Customer is entitled to cancel the participation in the chosen occupation according to the conditions published on the Webpage. The Customer expressly acknowledges that in the event of a cancellation, he/she is not entitled to a refund of the service fee already paid if the cancellation was made in violation of the governing rules thereof available at the Webpage. The Service Provider is not able to refund the already paid service fee even in case of regular cancellation. More information is available on the Webpage.
5./ Invoicing: The Service Provider issues the invoice to the billing name and address provided by the Customer during the first contact and sends it to the Customer only electronically. The Customer may not change his/her identity as a person ordering the service during the term of this Contract.
6./ Photographic documentation: The Customer has no photographic documentation obligation about himself / herself during the performance of each service, it is optional in all cases, based solely on the Customer's voluntary decision in this direction. The Service Provider expressly provides the Customer with a free choice on the Webpage during the application process by ticking a separate blank box to consent to the Service Provider taking a photo for the purpose of status follow-up. Photographs taken may be published by the Service Provider only on the basis of the Customer's express, separately given consent thereof on the social media interfaces indicated in point II/2. above.
V. Liability
1./ The Customer undertakes to inform the Service Provider in writing and clearly before the use of any service under this Contract, but no later than before sending the application, of his / her illness, health risk or any other presumed or actual diagnosis affecting the Customer's physical and mental health, fact or presumption. The obligation to provide information set forth in this clause shall be borne by the Customer throughout the Contract and the Customer shall be solely responsible for it. The Service Provider shall not be liable for the existence, development or risk of any illness or other health disorder of the Customer, whether reported or concealed by the Customer, known to the Customer or unknown to the Customer, given that any form of treatment is not within the Service Provider's competence, Service provider does not have qualifications and qualifications for healing, medicine, recognition of diseases or other health disorders. The Customer undertakes to fully comply with the instructions of the Service Provider as a certified trainer at sports sessions and acknowledges that the Service Provider is not liable for any damage resulting from failure to do so.
2./ The Contracting Parties stipulate that the service is considered to be only a service that improves physical well-being, with which the Service Provider - depending on the type of service - assists its Customer in making more informed decisions related to the Customer's health and fitness. Service Provider does not have the authority to diagnose or treat any health, mental or physical problem. Based on the Service Provider's activities, recommendations, advice, suggestions, instructions and information may be provided to the best of the Service Provider's knowledge. This is by no means a substitute for health and medical advice. The Contracting Parties state and the Customer acknowledges that the information provided by the Service Provider within the framework of the service is not medical advice and may not be used to diagnose, treat, cure or prevent any medical condition. The service provided must not be used as a substitute for qualified health advice, diagnosis or treatment. If the Customer has any health problems or signs of them, it is recommended to visit his / her doctor or a health professional immediately. The Service Provider is not responsible and cannot be held responsible for the interpretation of the information provided by it.
VI. Exclusionary notes
1./ Grounds for refusal to apply for the service (grounds for exclusion):
a) serious illness;
b) enjoyment / consumption of alcohol, drugs or other mind-altering substances;
c) pregnancy, lactation;
d) Person under 14 years of age;
e) other medical conditions deemed to be ineligible for using the service by the individual discretion of the Service Provider.
2./ With regard to the exclusionary reasons and other health conditions included in point 1 above, the consideration of whether the Service Provider undertakes to provide the services requested by the Customer is within the exclusive competence of the Service Provider.
3./ The Contracting Parties exclude the Service Provider's liability in the event that the Customer uses the service without regard to any exclusionary reasons. If the Customer uses the service disregarding any of the grounds for exclusion included in this chapter and this becomes known to the Service Provider during the performance of the service, the Service Provider reserves the right to terminate the Contract with immediate effect and refuse further performance of the service.
VII. Amendment, termination and expiration of the Contract
1./ The Contracting Parties stipulate that prior to the confirmation of the intention to enter into the contract by the Customer, if no service has been provided by the Service Provider, any party is entitled to withdraw from this Contract.
2./ Service Provider reserves the right to refuse the provision of any service with or without reasoning prior to the commencement of the provision of services. In this case, the service fee has not been paid yet, so the Service Provider is entitled to withdraw from this Contract without the burden of a refund obligation.
3./ The Contracting Parties may terminate this Contract at any time in writing by mutual agreement, subject to the conditions set out therein.
4./ The Contracting Parties reserve the right to supplement or amend this Contract in writing (by e-mail) only by mutual agreement. The Contracting Parties are entitled and obliged to agree on any further details of the Contract by e-mail. To the amendment of the Contract the article I/4 above shall also apply.
5./ If the Contracting Parties do not supplement or amend this Contract with additional tasks and fees by mutual agreement, this Contract shall be terminated by mutual performance of the provisions thereof.
6./ The Contracting Parties exclude the possibility of unilateral termination of the Contract by ordinary termination due to the nature of the service. Customer shall indicate his / her intention to enter into a contract in accordance with Section II/3. by clearly confirming its intention to use the given service and automatically accepting the present terms and conditions of the Service Provider. In this regard, the Customer decides, after confirming his / her intention to enter into a contract and / or paying the service fee, for any reason or without reasoning (e.g. reference to perceived or real health problems, family reasons or other external circumstances) that he/she does not wish to use the service and he/she terminates this Contract, in view of the nature of the service, there is no possibility to reclaim or refund the service fee; excluding termination with immediate effect, in which case the Customer can credibly prove that it is attributable to a serious breach of contract by the Service Provider.
7./ Either Contracting Party shall have the right to terminate this Agreement with immediate effect in the event of a serious breach of contract by the other Party. It is considered a serious breach of contract in particular, but not exclusively, if the Customer fails to pay the service fee or a part thereof on time; if any of the parties fails to fulfill its obligations or engages in other breach of contract and fails to do so or terminates it despite being required to do so; if either party unlawfully refuses to perform. The Service Provider is not obliged to refund the paid service fee.
8./ The Service Provider is entitled to terminate this Contract with immediate effect without the burden of refunding the service fee, especially if:
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the Customer uses the service disregarding any reason for exclusion and this becomes known to the Service Provider during the performance of the service, the Service Provider is entitled to terminate the Contract with immediate effect and refuse further performance of the service;
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the Customer fails to perform any of its obligations under this Contract within the time limit, failure to do so shall constitute a reason for termination with immediate effect and the Service Provider shall be entitled to terminate the Contract with immediate effect.
9./ The Contracting Parties shall consider each other to be in writing and accepted if their notice of withdrawal, amendment, termination or immediate termination is sent to the other Party by e-mail mutually accepted by the Parties in this Contract as a form of written communication. The e-mail address of the Service Provider shall be deemed to be the e-mail address specified in this Contract, while any e-mail address used by the Customer as a form of communication during the service shall be deemed accepted.
10./ In case of the invalidity of any provision of the Contract, the legal consequences of the invalidity shall be applied to that very provision, the invalidity shall not affect the other parts of the Contract. The invalid part is automatically replaced with the effective legal provisions, provided that the parties would have concluded the Contract even without the invalid part.
VIII. Data protection, privacy statement
1./ By concluding this Contract, the Customer consents to that the Service Provider processes the personal data recorded during the performance of this Contract within the framework of the performance of the contract, and, if necessary, makes them available to its contractual data processing partners. By concluding this Contract, the Customer acknowledges and accepts that the period of storage of his/her personal data is the time specified in the applicable law, due to lack of which, or accordingly, 5 years after the termination of the Contract, thereafter the personal data will be deleted.
2./ The Service Provider treats any personal data and information received from the Customer as confidential, does not disclose it to third parties, and does not use it for advertising, promotion or marketing purposes without the express written consent of the Customer given beyond the terms of the Contract.
3./ The Service Provider informs its Customer that in the course of its service activities the Service Provider qualifies as a data controller, during which it may, with the Customer's consent, process the personal and health data of the relevant person (Customer) using the following conditions and purposes:
a) range of data processed: surname; first name; billing information (billing address); telephone number; e-mail address; age, height, weight; fact of previous illness surgery; sports history; health status at the time of application; the purpose to be achieved by the service concerned; any other personal data provided by the data subject in the comment box; other data necessary for the use of the service, which, due to the nature of the service, may include additional health data for the safety of the data subject's health and the safety of treatment.
b) purpose of data processing: the purpose of data processing is to provide the selected service, to contact.
c) term of data processing: until the service is provided; in the case of mandatory data processing specified by law, for the period specified in the law; or until the consent of the data subject is withdrawn.
d) nature and purpose of data processing: provision of services related to the activities of the data controller.
e) categories of data subjects: Service Provider’s Customers.
4./ Special provisions and information for the processing of special (health) data:
a) the Customer, as a person affected by data processing, may make his / her personal and special (health) data available only to the Service Provider for the purpose of informing the data controller and of providing services. The recording, storage and processing of special (health) data and documentation is part of the provision of the service with the consent of the person concerned. The person concerned submits his / her health data and documentation voluntarily. As a data controller, the Service Provider is bound by the obligation of confidentiality with regard to personal and special (health) data. The Service Provider processes the received special (health) data in its own system, in a closed manner, it does not release them to other data processors or third parties.
b) In all cases, the Service Provider requests the consent of the data subject (Customer) to the processing of its special (health) data by drawing attention to the information contained in this chapter and in the Privacy Policy, which the Customer gives on the Webpage in accordance with Section II/3. (by clicking on the "Submit" button) to the Service Provider.
c) The Customer acknowledges that, due to its nature, the provision of the service is possible only with the knowledge of its special (health) data, so if you do not consent to the transfer and processing of this data by the data controller, the use of the service involves significant health risks. The Service Provider shall not be liable in any way for the resulting damage of the Customer.
5./ Data processing partners of the Service Provider: The Service Provider processes the Customer's billing data for the purpose of fulfilling a legal obligation and forwards it to a third-party billing service provider that qualifies as a data processing partner and to an accounting data processing partner. The Service Provider processes and transfers the data provided by the Customer during the bank card payment to the Barion payment service provider for the purpose of fulfilling the contract. Further information on the data processing of the data processing partners can be found in the Service Provider's Privacy Policy.
6./ The Customer, as a person affected by data processing, is entitled to receive information, request and obtain a copy of the personal and special data processed concerning him or her. The data subject has the right to request from the Data Controller access to, rectification, erasure or restriction of the processing of personal and special data concerning him/her; you may object to the processing of such personal and special data and exercise your right to data portability. You shall have the right to withdraw your consent at any time without prejudice to the lawfulness of the processing carried out prior to the withdrawal. You are also entitled to lodge a complaint with the supervisory authority (National Data Protection and Freedom of Information Authority). Contact details of the supervisory authority: National Data Protection and Freedom of Information Authority; website: http://naih.hu; postal address: 1530 Budapest, Pf .: 5 .; e-mail: ugyfelszolgalat@naih.hu; phone number: +36 (1) 391-1400.
7./ The full-scale data processing activities of the Service Provider, the rights and legal remedies of the data subject are included in the Service Provider's Privacy Policy.
IX. Closing provisions
1./ Issues not regulated in this Contract shall be governed by the Hungarian legislation in force at any time, in particular the provisions of Act No. V of 2013 on the Civil Code and the Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses in respect of distance contracts (hereinafter: Government Decree).
2./ This Contract qualifies as a contract concluded in absentia, provided that the Service Provider performs the entire service pursuant to Section 29 (1) a) of the Government Decree and started the performance after the express prior consent of the Customer, thus the Customer may not exercise his/her right of withdrawal and cancellation pursuant to Section 20 of the Government Decree.
3./ There is no code of conduct for the Service Provider.
4./ Validation of warranty claim: due to the nature of the service, the Customer may not assert a warranty claim against the Service Provider.
5./ The Contracting Parties intend to settle any legal disputes arising from this contract primarily in an amicable manner, in the framework of a conciliation hearing, in the event of which a court competent to settle the legal dispute according to the registered office of the Service Provider shall be appointed.
6./ If proceedings are initiated before the Conciliation Board, the Conciliation Board of the Customer's place of residence or stay shall be competent for the proceedings. At the request of the Customer, the application may be submitted to the conciliation body of the place of performance of the contract or the place of performance of the consumer dispute or the body authorized to represent the consumer instead of the conciliation body of the consumer's place of residence or stay. In the absence of the customer's domicile and residence, the jurisdiction of the conciliation body shall be established by the seat of the business or body authorized to represent the consumer dispute, however, instead of the conciliation body referred to here, the body of the place of performance of the contract shall also have jurisdiction if the place of performance is domestically, at the consumer's request. Where several consumers submit a joint application, the competent body for any applicant shall be competent for all applicants. The competent conciliation body according to the registered office of the Service Provider is the Budapest Conciliation Body (1016 Budapest, Krisztina krt. 99. III. Em. 310; mailing address: 1253 Budapest, Pf. 10.; e-mail address: bekelteto.testulet@bkik.hu ; fax: 06 (1) 488 21 86; phone: 06 (1) 488 21 31).
7./ Contact details of the Department of Consumer Protection: 1051 Budapest, Sas u. 19. III. em.; phone number: (1) 450-2598; e-mail address: fogyved_kmf_budapest@bfkh.gov.hu. You can file a consumer complaint at any government window and district office in person, by mail, or by email.
8./ The Contracting Parties have read this Contract and concluded it as being in accordance with their will in all respects.