Article 1. Legal information
1. The site accessible electronically at the URL gymglad.com is the property of Calune, whose registered office is located at the following address: Chalkidikis, 20 Pallouriotissa, 1056, Nicosia, Cyprus. The company Calune. is registered in the Trade Register in Cyprus, under the incorporation number HE 369326, the company director is Maia Kapitsi.
2. Company contact details Calune. are :
Main Institution Address: Chalkidikis, 20 Pallouriotissa, 1056, Nicosia, Cyprus
Email address: firstname.lastname@example.org;
Article 2. Preamble
3. The site accessible electronically at the URL gymglad.com is intended to offer customers the coaching offer "gymglad".
4. These terms and conditions are applicable only to customers acting as a consumer.
5. Any use of the service on the site by the client implies consultation, understanding and acceptance of these terms and conditions.
6. The customer declares and recognizes:
have the technical skill to use the site;
be of legal age and have the full legal capacity to engage under these terms and conditions;
be informed that his / her engagement does not require a handwritten or electronic signature;
as a consumer, he has specific rights which could be called into question in the event that the subscription of the service is related to his professional activity, that is to say in the event that he subscribes to purposes that fall within the scope of its commercial, industrial, artisanal or liberal activity.
7. The customer has the option to save and print these terms and conditions using the standard features of his browser or his computer.
8. The customer declares to have obtained all the necessary information concerning the use of the site and the quantitative as well as qualitative characteristics of the proposed service.
Article 3. Definitions
9. The terms defined below shall have the following meanings between the parties:
"customer": refers to the person who uses the service;
"consumer": any natural person who acts for purposes which are not part of his commercial, industrial, artisanal or liberal activity;
"party": refers to the singular indiscriminately Calune. or the client, and the plural Calune. and the customer together;
"user": any person using the site whether it is simple user or customer:
"site": website accessible at the URL gymglad.com
Article 4. Purpose
10. The purpose of these general terms and conditions is to define the terms and conditions for the supply of the "gymglad" service offered online on the site.
11. They govern all the steps necessary for the placing of the order and the follow-up of the order between the parties.
Article 5. Opposability of the general conditions
12. The present general conditions are opposable as soon as they are accepted by the customer.
13. Calune. reserves the right to adapt or modify these terms and conditions at any time.
14. Calune. inform customers of the existence and entry into force of new terms and conditions by e-mail within the time limit set in the e-mail.
15. The client is informed, in the terms provided for above, that he has, within the prescribed time and in the manner provided for in the e-mail of the faculty of:
refuse the modifications made and thus continue to benefit from the service on the conditions stipulated at the time of its subscription;
terminate your subscription without notice.
16. Without action on his part within the time indicated, the new general conditions shall be deemed to have been accepted by him and he will then be applicable. In any case, it is informed that the use of the service "gymglad" after the entry into force of the new general conditions reiterates the acceptance of the customer to the new general conditions.
17. In the event of termination of his subscription without notice, the customer is informed that he remains responsible for any use of the site and services prior to the termination.
18. In any case, the version of the general conditions applicable to the customer is the last accepted by the latter. It takes precedence over all paper or electronic versions of earlier date.
19. The general conditions are permanently accessible on the site in footer.
20. The customer can access the archived general conditions by sending an email request to: support @ gymglad.com.
Article 6. Conditions of access and identification
6.1 Access to the site
21. Subscription to the service requires the customer to visit the site via an internet access.
22. Access to the site is free and free to any user with access to the internet. All costs related to access, whether material costs, software or Internet access are exclusively the responsibility of the user. He is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
23. The site is accessible 24 hours a day, 7 days a week.
24. Calune. strives to provide quality access and to enable users to use the means of communication made available to them in the best possible conditions.
25. Due to the nature and complexity of the internet network, and in particular, its technical performance and response times to view, query or transfer information data, Calune. makes its best efforts, in accordance with the rules of the art, to allow access and use of the site and the services offered. Calune. can not ensure accessibility or absolute availability of the site allowing access to the service.
26. Calune specifically reserves the right, without notice or compensation, to temporarily close the site or access to one or more remote services, in particular to carry out an update, maintenance operations, modifications or changes to the operational methods, servers and hours of accessibility, without this list being exhaustive.
27. Calune can not be responsible for the proper functioning of the user's computer equipment and its access to the internet. 28. Calune. reserves the right to supplement or modify, at any time, the site and the services available there according to the evolution of technologies.
29. It is up to the user to take care of the possibilities of evolution of the computer and transmission means at his disposal so that these means can be adapted to the evolutions of the site.
30. The benefit of the "gymglad" service requires the customer to enter certain identification data without which he will not be able to benefit from this service.
Article 7. Username / Password
31. Access to the service requires the use of an identifier. The customer is solely responsible for the preservation and confidentiality of the password and / or the identifier. He undertakes to take all necessary measures to ensure this perfect confidentiality.
32. The password is strictly personal and confidential.
33. Any use of the password is presumed to be made on behalf of the client.
34. The customer agrees to notify Calune immediately. any loss, omission or disclosure, whether voluntary or not, to third parties of his password.
35. This notification should be addressed to Calune. by email at: support @ gymglad.com. Only the date of receipt of this e-mail will be valid between the parties;
36. Calune will interrupt access to the service in a short time and will refuse any access under this password.
37. The customer has the possibility to request the generation of a new password. The new password will then be communicated to the customer within a reasonable time.
Article 8. Subscription to the "gymglad" service online
8.1 Subscription process and acceptance of the general conditions
38. Any subscription to the service implies the full acceptance of these terms and conditions by means of a checkbox.
39. Customers wishing to benefit from the "gymglad" service undertake to communicate the requested information in advance using forms available online. The customer also certifies the veracity and accuracy of the information thus transmitted. The customer agrees, as necessary, to update his contact details on his personal space, being informed that these coordinates are those used by Calune. to get in touch with him.
40. The contracting procedure consists of the following steps:
Step 1: Enter the required information in the dedicated form;
Step 2: summary of the order and acceptance of these terms and conditions. During this step, the customer has the opportunity to check his information and the details of the order and its total price when the service concerned is paid, to modify, correct any errors or cancel the order. At the end of this step, the customer validates his order;
Step 3: Payment of the order.
41. Calune acknowledges receipt of the customer's order by sending an e-mail without delay.
42. Any order will only be considered after acceptance of the payment. Any rejection of payment will imply the abandonment of the order, the customer being informed, which will result that the service will not be executed.
Article 9. Choice of service
43. The customer chooses the service as well as the first desired step in real time on the site on the day of the order.
44. The customer acknowledges having read the nature, the destination and the characteristics of the service offered on the site and has requested and obtained necessary and / or additional information to place his order with full knowledge of the facts.
45. The customer is solely responsible for his choice of service and its suitability for his needs, so that the responsibility of the company Calune. can not be sought in this regard.
Article 10. Price and billing
46. The prices relating to the order of the service offered on the site are indicated on the site.
47. Prices are displayed in euros and include all taxes (T.T.C).
48. They are valid only for the duration during which they are accessible electronically in real time on the site.
49. They can evolve according to several criteria and in particular in the case of commercial operations.
50. The value of the transaction will necessarily be that of the date and time of the order by the customer, the parties acknowledging that they have no recourse in case of decline or increase after the order.
51. The prices displayed take account of the T.V.A applicable if applicable on the date of the order and any change of the rate applicable to the T.V.A will be automatically reflected on the proposed prices.
52. Before confirmation of the order by the customer, it will be indicated the total amount of the order in euros T.T.C.
53. The prices quoted do not include the communication costs related to the use of the site which remain the responsibility of the customer.
54. The Client is informed that the company Calune. reserves the right to change the prices of services offered online.
55. Such a change in prices will then be subject to the entry into force of new general conditions of service under the conditions set out in the article "Affordability of the General Conditions" herein. It is reminded that the customer retains the possibility, under the conditions provided for in this article, to continue to benefit from the service under the conditions stipulated at the time of his subscription by refusing the new general conditions or to cancel his subscription without notice.
Article 11. Payment
56. To settle the order on the day of the subscription, the customer has, according to his choice, payment methods within the control interface.
57. The following means of payment are accepted: Visa and Mastercard.
58. The service is then billed monthly to the customer according to the conditions defined on the website www. gymglad.com until terminated for any reason whatsoever.
59. If the cancellation occurs after a monthly withdrawal, the service is deemed acquired for the month in question and the customer can not then demand the cancellation of this payment on the grounds of its termination. Thus, the cancellation is taken into account for the following month.
Article 12. Right of withdrawal
13.1 Time frame and scope
60. The customer has a legal withdrawal period of fourteen (14) clear days to declare that he wishes to exercise this right of withdrawal, without having to justify his decision.
61. This withdrawal period runs from the date of conclusion of the contract concerned, that is to say, of placing the order concerned. During this time, the service can not begin to receive any execution.
62. If this period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next working day.
63. The right of withdrawal is free of charge and without penalty.
64. Exceptionally, the customer who wishes to benefit from the service at the conclusion of the contract, before the end of this withdrawal period expressly agrees by ticking the box proposed and provided for this purpose. However, this agreement does not constitute a waiver of this right of withdrawal.
65. The customer can not exercise his right of withdrawal if the service is fully performed at the end of the withdrawal period, provided that the execution of the contract has begun with the express agreement of the latter and that he has expressly waived his right of withdrawal.
66. In case of exercise of his right of retraction by the customer, Calune. will reimburse him all the sums paid, without undue delay and in any event, at the latest, within fourteen (14) days as from the day when Calune. is informed of the customer's decision to withdraw.
67. The refund will be made according to the same payment method used by the customer during the transaction, unless different terms and conditions have been expressly accepted by the client. In any case, this refund can not cause any costs for the customer.
68. If the customer has requested to begin the service within the withdrawal period but the service has not been fully performed, he will be liable to Calune. an amount corresponding to the service provided up to the time he informed Calune. its decision to withdraw, this amount being proportionate to the amount of the service.
69. The customer is informed that the company Calune. will not claim such refund in case of exercise of its withdrawal period.
70. In case of free service, the exercise of the right of withdrawal by the customer will not give rise to any refund.
Article 13. Ownership
71. These presents do not imply any transfer of any kind of property rights, particularly intellectual, over the elements belonging to Calune. for the benefit of the customer who is prohibited in any event any action and any act likely to directly infringe or not the intellectual property rights of the company Calune. .
72. In this respect, it is specified that the content of the site, the general structure as well as the marks, the drawings, the models, the animated or non animated images, the texts, the photographs, the logos, the graphic charters, the software and programs, search engines, databases, sounds, videos, domain names, design and all other elements of the site or any other information contained therein, without this list being exhaustive, are the exclusive property of Calune. or partners or third parties who have licensed to it, and are protected by intellectual property rights that are or will be recognized by the laws in force.
73. Any reproduction and / or representation, total or partial of one of these elements, without the express authorization of the company Calune., Is forbidden and would constitute in particular but not exclusively an infringement sanctioned by the provisions of the Code of the intellectual property.
Article 14. Liability
74. Calune. is legally responsible to the customer acting as a consumer for the proper performance of the obligations arising from these.
75. However, Calune. can not be held responsible for the non-performance of the present due to a case of force majeure (in particular, disruption or total or partial strike, including postal services and means of transport or communications).
76. Calune can not also be held responsible if the improper performance or non-performance of these conditions is attributable to the unforeseeable and insurmountable event of a third party to the present or the fact of the customer.
Article 15. Security
77. Calune makes best efforts, in accordance with the rules of the art, to secure the site with regard to the risk incurred and the nature of the data processed. However, Calune. can only be responsible for this point in case of proven fault attributable to it.
78. The site is an automated data processing system.
79. It is forbidden for the user to access or remain, fraudulently, in all or part of the site. It is forbidden to use an access method other than the interface made available by Calune. In case of discovery of such a method or if the user enters a placeholder, without right, inadvertently, the latter agrees to inform immediately Calune. by e-mail to support@ gymglad.com so that the latter can take the necessary measures.
80. It is forbidden for the user to delete or modify data contained on the site that has not been published by himself, or to fraudulently introduce data or even to alter the functioning of the site. . It ensures in particular not to introduce virus, malicious code or any other technology harmful to the site or the services which are proposed there.
81. Any access to a prohibited area shall be considered as fraudulent access within the meaning of the provisions of the Penal Code.
82. The user undertakes to consider that all the data that he has been aware of during such access to an unauthorized space are confidential data and undertakes, therefore, not to disclose it .
83. The user is forbidden in particular to carry out any operation aimed at saturating a page, rebounding operations or any operation that has the effect of hindering or distorting the functioning of the site.
84. The user agrees not to use devices or software of any kind that would disrupt the proper functioning of the site.
85. The user undertakes not to take any action that imposes a disproportionate burden on the site's infrastructure.
86. The user accepts the characteristics and limits of the internet. It is aware that data circulating on the internet are not necessarily protected, especially against possible diversions.
87. The user takes the appropriate measures to ensure the security of his own data and / or software from contamination by possible viruses on the Internet.
Article 16. Personal data
88. During visits to the site or subscriptions to the service, information through questionnaires, forms, etc. may be collected from users.
89. In accordance with the amended Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, the customer is informed that the company Calune., As controller, implements processing of personal data whose main purposes are:
the management and monitoring of the relationship with customers in general;
the management and tracking of orders, payments, as well as customer service;
accounts receivable management;
sales and marketing management;
the measurement of quality and satisfaction;
segmentation and customization of offers.
90. This information is intended for Calune., As well as any subcontractors for the aforementioned purposes and its partners.
91. The client is informed on each form of collection of personal data, the mandatory or optional nature of the responses by the presence of an asterisk. In the absence of information mandatory information, the order could not be processed or could be delayed, and commercial information could not be addressed to the customer.
92. In accordance with the law of January 6, 1978, the customer has a right of access, interrogation, modification, correction and deletion of his data which allows him, if necessary, to rectify, complete , update, lock or erase any personal data concerning him that is inaccurate, incomplete, equivocal, out of date or whose collection, use, communication or storage is prohibited.
93. The customer also has the right to oppose the processing of his data for legitimate reasons as well as a right to object to his data being used for prospecting purposes, particularly commercial.
94. These rights are exercised by mail accompanied by a copy of an identity document signed at the e-mail address support @ gymglad.com.
95. The customer who has the status of consumer and who does not wish to be the subject of commercial prospection by telephone is informed by these general conditions of his right to register for free on a list of opposition to canvassing by telephone .
Article 17. General provisions
18.1 Good faith
96. The parties agree to perform their obligations with perfect good faith.
97. The parties declare their present commitments sincere.
98. As such, they declare that they have no information to their knowledge which, if it had been disclosed, would have changed the consent of the other party.
18.3 Force majeure
99. As a first step, cases of force majeure will suspend the execution of the general conditions.
100. If the cases of force majeure have a duration of existence greater than two (2) months, the present general conditions will be terminated automatically, unless express agreement of the parties.
101. Exceptionally, cases of force majeure or fortuitous events are deemed to be those normally accepted by the courts of law and tribunals chypriote, as well as the following events:
war, riot, fire, internal or external strikes, lock out, occupation of Company Company's premises, inclement weather, earthquake, flood, water damage, legal or governmental restrictions, legal changes or regulatory forms of marketing, accidents of all kinds, epidemic, pandemic, disease affecting more than 10% of the staff of the company Calune. in a period of two consecutive months, the absence of energy supply, the partial or total shutdown of the Internet and, more generally, private or public telecommunications networks, blocking of roads and the impossibilities of supply of supplies and any other case beyond the express control of the parties preventing the normal execution of this agreement.
102. The present terms express the entirety of the obligations of the parties.
103. No general or specific condition of one of the parties may be incorporated in this contract document.
104. In the event of difficulties of interpretation resulting from a contradiction between any of the titles appearing at the head of the articles herein and any of the articles, the titles will be declared non-existent.
105. If one or more stipulations of the present general conditions are held for invalid or declared as such under a law, a regulation or following a res judicata decision of a competent jurisdiction the other stipulations will retain all their force and bearing.
106. The parties mutually agree that the fact that one of the parties tolerates a situation does not have the effect of granting the other party rights acquired.
107. Moreover, such a tolerance can not be interpreted as a waiver of the rights in question.
108. The customer authorizes Calune. to involve any subcontractor of his choice in the execution of the present and the proposed services. In this case, the customer agrees that the company Calune. discloses to its subcontractors the information necessary for the execution of these presents.
18.9 Independence of the parties
109. Neither party may make a commitment on behalf of and on behalf of the other party.
110. In addition, each party remains solely responsible for its actions, claims, commitments, benefits, products and personnel.
Article 18. Resolution-Termination
111. In the event of failure by one of the parties to the present obligations to be repaired within 8 days from the sending of a registered letter with acknowledgment of receipt notifying the breach in question, the other party may to declare as of right the cancellation or the resolution of the present without prejudice of all damages and interests which it could claim under the present ones.
Article 19. Evidence and proof convention
112. Online acceptance of the terms and conditions electronically has the same probative value between the parties as the paper agreement.
113. The computerized records kept in the computer systems of the company Calune. will be kept in reasonable conditions of safety and considered as proof of communications, orders and payments between the parties. They are authentic until proven guilty.
114. The archiving of contractual documents, orders and invoices is done on a reliable and durable support that can be produced as evidence.
115. The authentic language is the language chypriote
116. If the present general conditions come to be the object of a translation in foreign language, the language chypriote will prevail over any other translation in case of dispute, litigation, difficulty of interpretation or execution of these conditions and more generally about the relationship between Calune. and the customer.
Article 20. Applicable law
117. These general conditions are governed by the law chypriote.
118. The same applies to the substantive rules and the rules of form, notwithstanding the places of performance of the substantive or ancillary obligations, subject to the mandatory provisions that would apply to the customer as his consumer.
119. The customer is informed by Calune. the possibility of appealing, in the event of a dispute relating to these terms and conditions, to a conventional mediation procedure or any other alternative method of dispute settlement.
Article 21. Subscriptions
120. Calune reserves the right to make a pre-authorization on the card of the customer in the amount of 1€ to ensure the validity of the means of payment. This also allows a customer to cancel his subscription without any further charges between a pre-authorization and renewal of the service.
121. Calune reserves the right to make a pre-authorization on the credit card of the customer in the amount of 1.95 € to ensure the validity of the means of payment at registration.
122. At the end of this trial period if the customer has unsubscribed funds are automatically released within 7 days. NO FEES WILL BE CHARGED IF THE CUSTOMER DISABLES DURING THE TEST PERIOD.
123. We offer several subscription options including:
Trial period of 5 days at 1.95 €. If a customer has not unsubscribed before the end of the trial period, the formula Junior is automatically renewed at 49.80 € / month, the formula Basic is renewed at 69.90 € / month and the formula Pro to 85.80 € / month.
124. Service plans include such services as ebooks, video materials and coaching services which may be paid separately for customer's convenience as per the following pricing table:
Junior includes eBooks and Video materials at 34.80 € and Coaching services at 15 €;
Basic includes eBooks and Video materials at 60.80 € and Coaching services at 25 €;
Pro includes eBooks and Video materials at 74.90 € and Coaching services at 35 €;
125. Calune reserves the right to provide with the Junior plan for 3 months for 119.90 € / 3 months (20% discount applies) or 6 months for 199.90 € / 6 months (35% discount applies), the customer also has the opportunity to purchase the Basic plan for 3 months for 129.90 € / 3 months (40% discount), there is also the option to purchase a Pro plan for 3 months for 149.90 € / 3 months (40% discount applies).
Calune reserves the right to change the price of membership in favor of the client proving a discount for the service (15%-65%). Service can be renewed at a discounted price within 5, 7, 15 days after billing date. Calune has the right to provide lifetime discounts.
Article 22. Affiliations
126. Calune reserves the right to promote its offers through affiliate partners with exclusive offers. Customers who have subscribed to these offers have the option to change their subscription within 5 days of registration for the trial period.
127. Calune reserves the right to launch promo campaigns through marketing partners by proving discounts both for initial payments at the price of 1.17 €/ trial period, and renewal payments with the decrease of price from 69.90 € to 64.99 €.
Last update: 01.09.2021