Ordering the Service, entering into the Contract

Ordering the Service, entering into the Contract

1. NETFIT is online training platform which grants access to full trainings.
2. The provider of NETFIT online training (hereinafter the Service) is SIA My Fitness (hereinafter MyFitness), entity registered in the Republic of Latvia with registration number: 40003440545, address: Ernesta Birznieka Upīša iela 21E, Riga, LV-1011, e-mail: netfit@netfit.lv. This information allows the consumer to quickly and efficiently contact MyFitness as the service provider. Any and all complaints shall also be addressed to MyFitness by the same requisites.
3. The Services can be ordered and used by a member who has a valid membership agreement with MyFitness, by creating a user account in the NETFIT web environment www.netfit.lv (hereinafter NETFIT web environment) managed by My Fitness. These Services are available also to persons without a contract concluded with MyFitness and to persons other than MyFitness members.
4. These Conditions of Use of the Services (hereinafter the Conditions of Use) apply to all MyFitness members who are using the NETFIT web environment on the basis of the contract concluded with MyFitness  (hereinafter the Client-Member) and also to Non-members of MyFitness without a contract concluded with MyFitness, but who are using NETFIT web environment (hereinafter the Client-Non-member).
5. In order to use the Services, the Client-Member logs in to the NETFIT web environment using the username and password of the MyFitness website member area, selects the appropriate type of Services (training package), confirms the reading and acceptance of the Conditions of Use and, after reaching the payment step, in which payment with a card is the only payment method, enters payment card details to pay for the Services. For a Member of MyFitness (with active status or on-hold), NETFIT’s web service is available for free, logging into a NETFIT page with MyFitness page authorization data.
6. In order to use the Services, the Client-Non-member shall enter own information into NETFIT web environment (name, surname and e-mail address), log into NETFIT web environment, select the necessary type of Services (training package), confirm reading the Conditions of Use and agreeing with them, and, when reaching the payment step, where payment using a card is the only payment method, shall enter the payment card data in order to pay for the Services.
7. The Contract between MyFitness and the Client-Member or the Client-Non-member for the purchase of the Services (hereinafter the Contract) shall be deemed entered into if the Client-Member or the Client-Non-member has logged in to the NETFIT web environment and has accepted the Conditions of Use. Conditions of Use and the Price List of the Services are part of the Contract, which the Client-Member or the Client-Non-member can read in the NETFIT web environment available here: https://www.netfit.lv/en/ordering-the-service-entering-into-the-contract/.  This Contract is concluded by electronic means and in accordance with the regulatory enactments of the Republic of Latvia is the distance Contract governed including, but not limited to, by the Consumer Rights Protection Law and Cabinet Regulation No. 255 “Regulations Regarding Distance Contracts” adopted on 20 May 2014.
8. MyFitness has the right, which is not an obligation, to grant free trial period to the Client-Member or the Client-Non-member for the Services in the NETFIT web environment. The Client-Member or the Client-Non-member will be informed about such opportunity and the duration of the free trial period before the payment step. In the event of granting a free trial period, a payment in line with the Price List referred to in these Conditions will be collected from the Client-Member or the Client-Non-member after expiration of the specified term. MyFitness shall, 1 day prior to the expiry of the free trial period, send an e-mail reminder to the Client-Member or the Client-Non-member regarding the expiration of the trial period.
9. After entering into the Contract, a confirmation of entering into the Contract, information on the possibilities of saving the Contract, and the invoice for the paid Services will be sent to the Client-Member or the Client-Non-member’s e-mail address available on the NETFIT web environment.
10. 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. By signing this Contract, the Client-Member or the Client-Non-member irrevocably agrees to such unilateral change and notification procedure. If the Client-Member or the Client-Non-member does not agree with the changes, he or she has the right to terminate the Contract in accordance with clause 36. If the Client-Member or the Client-Non-member 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.
11. During the period when MyFitness clubs are open, MyFitness has the right, which is not an obligation, to grant the right to the Client-Member with an effective Contract with MyFitness (except suspended membership) to use the Services free of charge or for another price which is lower than specified in the effective Price List. Such opportunity shall arise after the expiration of the paid-up period, without MyFitness crediting invoices and returning the paid difference. For example, if the period paid-up by the Client-Member expires on February 28, but MyFitness is allowed to provide services in presence starting on February 15, the difference (between the paid-up NETFIT period (day 28) and the date of opening the sports clubs (day 15)) shall not be repaid. This condition shall also apply in cases when membership for presence visits to MyFitness is being registered in the middle of the paid-up Services. Also in such case, after the expiry of the paid-up period, MyFitness may grant the right to continue using the Services on NETFIT web environment free of charge or for another price which is lower than specified in the effective Price List.

 

Use of Services

12. 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-Member or the Client-Non-member under the age of 18 by a parent or guardian who is his or her legal representative and who remains, together with the Client-Member or the Client-Non-member, responsible for the performance of all obligations of the Client-Member or the Client-Non-member arising from the Contract.
13. The Client-Member or the Client-Non-member understands that the Services is a non-personal remote service and the use of the Services is entirely at the Client-Member or the Client-Non-member’s own risk. When choosing and using the Services, the Client-Member or the Client-Non-member 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. MyFitness does not assume any responsibility for the risk of the Client-Member or the Client-Non-member’s health while using the Services.
14. The Services may be used only by the Client-Member or the Client-Non-member, allowing third parties to use the Services is not permitted.
15. To use the Services, the Client-Member or the Client-Non-member must have an Internet connection.
16. 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-Member or the Client-Non-member 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-Member or the Client-Non-member 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 Services (including software viruses or any other computer code, files, or programs). Unlawful actions referred to above constitute breach of applicable laws and regulations and are subject to punishment accordingly.
17. The Services and all content available through the Services are intended for the Client-Member or the Client-Non-member’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-Member or the Client-Non-member a limited right to access the Services and use the content of the Services for personal purposes.

 

Payment for Services

18. – The Services are paid for once a month by MyFitness, by automatically deducting the relevant amount of money through relevant payment processors, automatically deducting an amount of money from the payment card specified by the Client-Member or the Client-Non-member on NETFIT web environment depending on the Services selected by the Client-Member or the Client-Non-member and in accordance with the price indicated in the Price List of the Services which is available here: https://www.netfit.lv/en/ordering-the-service-entering-into-the-contract/.  Payment will be deducted for the first month of validity of the Services immediately after entering into the Contract and each subsequent monthly deduction will always take place on the last day of validity of the package before the expiry of the package. Access to the training package is ensured after payment for the Services has been received by MyFitness. The Client-Member or the Client-Non-member hereby agrees to the commencement of the supply of the digital content (training package) upon the payment for the Services.
19. If the Client-Member or the Client-Non-member is willing to receive Services continuously, the Client-Member or the Client-Non-member shall ensure the existence of a sufficient amount of money on his or her account of the payment card specified by the Client-Member or the Client-Non-member on NETFIT web environment. If the Client-Member or the Client-Non-member wishes to delete or add a new payment card, the Client-Member or the Client-Non-member may do it in the NETFIT web environment.
20. The payment for Services will de deducted regardless of whether the Client-Member or the Client-Non-member is actually using the Services or not.
21. The fee for the billing cycle/period (30 consecutive days) following the trial period, if such has been granted, will be deducted from the Client-Member or the Client-Non-member’s credit card (or other payment instrument accepted by MyFitness) at the end of the free trial period, if such has been granted, if the Client-Member or the Client-Non-member has not terminated the Contract before the end of the free trial period.
22. Upon concluding the Contract, the Client-member or Client-Non-member is informed that in order to fulfill the Contract with the Client-member or Client-non-member and to provide the Service, including for MyFitness to receive payment for the Service chosen by the Client and to provide the Service in accordance with the Contract, MyFitness will use third parties on behalf of MyFitness (independent Controller, including AS LHV PANK) uses and processes payment instrument data provided by the Client-member or Client-Non-member (including payment card number, type, validity period and CVV/CVC authentication codes). The Client-member or Client-Non-member is informed that, upon purchase of any type of Service, MyFitness is entitled to withhold such payments automatically in accordance with the terms of the contract (including through the operator) without the Client-member or Client-Non-member’s separate consent to the transfer of such fees (unless the payment terms of a specific Service do not provide for other payment procedures). MyFitness, on the other hand, collects and stores incomplete, undecipherable data of the payment instrument mentioned in this paragraph, in accordance with the conditions specified in the privacy statement published on the MyFitness website https://www.myfitness.lv/par-myfitness/svariga-informacija/pazinojums-par-privatumu/ MyFitness does not have access to the payment instrument data of the Client-member or Client-Non-member in full, usable form. AS LHV Pank is the independent controller and its processor is AS EveryPay, who process personal data in accordance with their privacy policies, which are available on their websites.
23. 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.
24. MyFitness submits invoices to the Client-Member or the Client-Non-member in electronic form. There is no fee for preparation of the invoice. The invoice is valid without a signature. Irrespective of the receipt of the invoice, the Client-Member or the Client-Non-member 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.
25. If deduction funds from the Client-Member or the Client-Non-member’s payment card 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 Services for a new period for which the Client-Member or the Client-Non-member has not paid and to block the Client-Member or the Client-Non-member’s access until the corresponding Services have been fully paid for. 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, if the Services have not been fully paid for.
26. 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-Member or the Client-Non-member thereof at least 14 days in advance. MyFitness does not notify the Client-Member or the Client-Non-member of the reduction of amounts.
27. If MyFitness has suspended the provision of the Services on the basis of clause 25 of the Contract, then:
    • while the provision of the Services is suspended, the Client-Member or the Client-Non-member cannot use it;
    • during the suspension of the provision of the Service, the service fee is charged, and the Client-Member or the Client-Non-member cannot demand the recalculation, reduction or refund of the service fee;
    • MyFitness notifies the Client-Member or the Client-Non-member of the suspension of the provision of the Services and indebtedness within 2 (two) working days;
    • MyFitness has the right to refuse to enter into a new contract with the Client-Member or the Client-Non-member.
28. If during the suspension of the provision of the Services the Client-Member or the Client-Non-member’s debt to MyFitness is covered in full, the Client-Member or the Client-Non-member’s access to the Services will be restored immediately.
29. Suspension of the provision of the Services or termination of the Contract does not release the Client-Member or the Client-Non-member from the obligation to pay the debt to MyFitness incurred before the termination of the Contract. The Client-Member or the Client-Non-member grants MyFitness the right and authority to make transfers (deductions) after the termination of the Contract to fully pay the debt incurred by the Client-Member or the Client-Non-member to MyFitness during the term of the Contract.
30. Due to the diverse nature of devices and specific nature of functions, the Services can be fully used using a computer. MyFitness does not warrant operation of the Services on other devices. If the Client-Member or the Client-Non-memberhas not used the Services for reasons beyond the control of MyFitness or is unable to use it fully on other devices (incl. TV, tablet, telephone), the service fee is not subject to full or partial refund.
31. 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.
32. If the Client-Member or the Client-Non-member is obliged to pay different amounts arising from the Contract to MyFitness at the same time, the payments made to fulfil the obligations shall cover, firstly, the outstanding interest, then the capital and only thereafter the contractual penalty,  if any has been provided for.
33. MyFitness has the right to assign claims arising from the Contract against the Client-Member or the Client-Non-member to the persons in part or in full without the separate consent of the Client-Member or the Client-Non-member, including collection companies and/or other associations dealing with claims.
34. MyFitness is liable to the Client-Member or the Client-Non-member and the Client-Member or the Client-Non-member has the right to use legal remedies against MyFitness only if MyFitness has violated its obligations intentionally or due to gross negligence. The Client-Member or the Client-Non-member has rights referred to in Consumer Rights Protection Law if the Services non-conforming to the provisions of the Contract has been provided.

 

Term and Termination of the Contract

35. The Contract is concluded for an indefinite period, so it is valid until terminated by the Client-Member or the Client-Non-member or MyFitness. In accordance with the Clause 22.13 of the Cabinet Regulation No. 255 “Regulations Regarding Distance Contracts” adopted on 20 May 2014, the Client-Member or the Client-Non-member has no right of cancellation effective within 14 days from the day of the conclusion of the Contract as this Contract has been concluded regarding the supply of digital content which is not supplied on a tangible medium. The Client-Member or the Client-Non-member hereby confirms that after the purchase of the digital content Services and entering into force of this Contract, the Client-Member or the Client-Non-member thereby loses his or her right cancellation.
36. The Client-Member or the Client-Non-member 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.
37. 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-Member or the Client-Non-member. The Client-Member or the Client-Non-member 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.
38. MyFitness has the right to terminate the Contract exceptionally without prior notice if:
    • the Client-Member or the Client-Non-member 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-Member or the Client-Non-member’s NETFIT user account is used by a person other than the Client-Member or the Client-Non-member;
    • the Client-Member or the Client-Non-member 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-Member or the Client-Non-member otherwise materially violates the Contract.
39. If MyFitness terminates the Contract on the basis of clause 38, the service fee will not be refunded to the Client-Member or the Client-Non-member 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-Member or the Client-Non-member.
40. In the event of the ground for termination specified in clause 38, 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-Member or the Client-Non-member’s valid triple monthly fee.
41. MyFitness has the right to terminate the Contract, regardless of the reason, by notifying the Client-Member or the Client-Non-member thereof 30 days in advance.
42. The termination of the Contract by the Client-Member or the Client-Non-member 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-Member or the Client-Non-member.

 

Notification

43. 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-Member or the Client-Non-member using the contact information specified in the Contract, in particular to the e-mail address specified in the Contract.
44. Notices and other correspondence shall be deemed delivered to the Client-Member or the Client-Non-member if five (5) calendar days have passed since the transmission.
45. The Client-Member or the Client-Non-member undertakes to immediately notify MyFitness of any changes in his personal and contact details.
46. MyFitness publishes all general notices related to the Services on the NETFIT web environment.

 

Applicable law and dispute settlement

47. In matters not regulated in the Contract, the parties shall be guided by the legislation in force in the Republic of Latvia.
48. All disputes arising out of or in connection with the Contract shall be settled through negotiations. In case of any and all disputes, the Client-Member or the Client-Non-member shall contact MyFitness by the address indicated in this document above. In the event of failure to reach an agreement, the disputes shall be settled in the courts of general jurisdiction of the Republic of Latvia.

 

Processing of personal data

49. MyFitness processes the Client-Member or the Client-Non-member’s personal data under the conditions specified in the privacy notice published on its website https://www.myfitness.lv/en/about-myfitness/important-information/privacy-notice/

 

Campaigns

50. 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.
51. 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.