Regulations

RULES FOR THE PROVISION OF ELECTRONIC SERVICES THROUGH THE SMART GYM CLUB NETWORK

(enforceable as of 17 August, 2017)

These rules (hereinafter referred to as the: “Rules”) determine the type and scope of services provided electronically through the Smart Gym Club Network by using the online Application at: www.smartgym.club or by using the Kiosk.

 

Definitions

§1

The terms and expressions (spelled with small or capital letters) as used herein shall be construed as:

1) Club Member – an individual using the services of the Smart Gym Club Network who purchased the Carnet;

2) New Client – an individual using the Club’s services for the first time or an individual who does not have an active Carnet of the Smart Gym club network. A new Club Client may solely be a person aged 15 and over who does not have any medical counterindications for exercising.

3) Client – a Member of the Club, an individual using a voucher or a 24h Pass authorising them to use of the Club’s services, an individual using partner programmes or an individual using the network of the Smart Gym Club Network under the promotional action or competition terms. A Club’s Client may only be an individual who is 15 and over who does not have any medical counterindications for exercising. Club’s Members may utilize the services offered by the Club as deriving from the purchases Carnet or 24h entry permit.

4) Clubs – the clubs forming part of the Smart Gym network or an individual club.

5) Club’s outlets – locations where the Club’s services are provided.

6) ID – enabling entry and exit of the Club assigned individually by the tele information system of the Smart Gym Club Network to the Client during registration or upon conclusion of the registration process on the basis of selected points from the biometric scan of the Client’s finger. The ID does not constitute a scan of the fingerprints, nor a scan of the biometric pattern of Clients’ fingers nor does it allow to recreate the fingerprints or the biometric pattern of the Clients’ fingers.

7) deleted

8) Activation Fee – a non-reimbursable fee paid by the New Client in connection with the granting of membership in the Smart Gym club network.

9) Carnet Suspension – break in the Club’s service provision and use of its services by the Client with preservation of the membership. Throughout the Carnet suspension period, the Client shall have the right and duties hereunder. The suspension period shall be extended by the purchased period of Carnet’s validity or suspension periods.

10) Web Site – this web site: smartgym.club .

11) Kiosk – a tele-information device with an application installed enabling processing and storing of data used for registration of New Clients, management of individual Client accounts in the Smart Gym network tele information system and making payments. Kiosks are available at Club’s Outlets.

12) Carnet – Club’s commitment to provide services under the terms referred to in the Smart Gym Club Network Rules after the Client paid the price as specified in the valid price list. The Carnet may be cyclically renewed as per the provisions hereof.

12′) 24h Entry Permit – the Club’s commitment to the provision of services under the terms referred to in Smart Gym Club Network Rules after the Client has paid the price determined in the prevailing pricelist authorising the Client to an unlimited number of entries within 24h of the first entry subject to that after exiting the Club the next entry is possible after the elapse of 3h.

13) Settlement Period – the period for which the Carnet was purchased.

14) Carnet Validity Period – the period equal to the settlement period or the period extended by the period of Carnet suspension period.

15) Account – a collection of resources and authorisations within the internal system assigned to a specific Client.

16) Payment System Operator – an entity with which the Club signed an agreement in order to enable the Client’s payments deriving in connection with the provision of services by the Smart Gym Club Network.

17) Online Application – a tele-information system used to serve the Clients or New Clients.

17′) Live chat – a communication tool available on the Web Site for communication between the Web Site Users and the Club Client Service Office in real time.

18) Legal Guardian – an individual exercising parental power or other type of care over the Client or New Client who is under 18.

19) Parent Club – Club’s outlet which after 31 August, 2017 was chosen by a New Client during registration or a Club’s outlet where prior to 1 September, 2017 the Club’s Member concluded the registration process and in the event of failure to complete the registration, Club’s outlet situated in the closest vicinity of the Club’s Member place of residence. Should it be not possible to identify the parent club based on the permanent place of residence, the parent club shall be the outlet chosen by the Club.

 

 

General Provisions

§ 2

1. Club provides electronic services to Clients or New Clients consisting in the possibility of buying a Carnet or 24h pass and management of the Client Account using the Online Application or Kiosk. Club enables, upon individual request of network user including Client or New Client, accessing through the Web Site the site with a specific URL address containing the networks individually requested by the Client or the New Client informational data with respect to in particular information concerning the Club, the operator of the Smart Gym Club Network, business profile and contact information which is available in special tabs. Furthermore, the Club provides the Live chat service and offers call centre services.

2. Client or New Client who wishes to use the services of the Smart Gym Club Network shall be required to observe the generally prevailing legal regulations, provisions of the Rules and Smart Gym Club Network Rules and is also liable for the representations made in connection with the Carnet purchase or purchase of other services offered by the Smart Gym club network. Detailed terms of use of the Club’s services are given in the Smart Gym Club Network Rules.

3. Online Application and the Kiosk are aimed at enabling registration of New Clients, Clients’ management of their Accounts, Carnet or 24h Pass purchase, making payments in connection with the services provided by the Smart Gym Club Network as well as the use of services offered by the Smart Gym Club Network at the Club’s outlets.

 

“Cookies”

§ 3

Information concerning “cookies” is given in the Privacy Policy available on the Web Site.

 

Conditions for Electronic Service Provision

§ 4

1. For correct use of the Smart Gym Club Network services using the Online Application and Live chat available on the Web Site, the Client or New Client should use computer hardware and software satisfying the following minimum requirements:

1) Internet connection;

2) Operating system: Microsoft Windows 7, Windows 8, Windows 8.1, Windows 10 or later, OS X Mavericks 10.9 or later, Ubuntu 14.04, Debian 8, openSUSE 13.1, Fedora Linux 21 or their later versions;

3) Display unit with the resolution of 1024 x 768 ppi;

4) Web site browser: Chrome/Firefox;

5) Cookies and Java Script service on;

6) Intel Pentium 4 or later serving SSE2.

2. Should the Client or New Client use the hardware or software which do not satisfy technical requirements referred to in section 1, the Club shall not guarantee proper operation of the Online Application and Live chat and reserves that it may have an adverse effect on the quality of services provided.

3. Club reserves the right to make at any time changes to technical parameters necessary for proper operation of the Online Application. Live chat or Web Site, change of the Online Application, Live chat or Kiosk. Such changes shall not constitute a change of these Rules unless they have effect on the type and scope of electronic services provided.

4. For security reasons, Club reserves the right to disconnect the communication with the Client or New Client after the elapse of not less than 30 seconds of the Client’s or New Client’s last activity using the Online Application and after the elapse of not less than 30 seconds of the Client’s or New Client’s last activity using the Kiosk.

5. The provision of Club’s electronic services consisting in enabling Carnet purchase, payment of other fees, Client account management shall be free of chargé unless a duty to make the payment was envisaged with respect to a particular activity. The amount of fees at the Club is given in the application price list of the Club.

6. Client’s provision of illicit, derogatory, untrue or misleading information or content including viruses or other malicious software or undertaking activities aimed at disrupting or damaging the Web Site, Online Application, Live chat or Kiosk shall be prohibited. In the event of the Club’s obtaining a notification or reliable information of the illicit nature of the data stored as provided by the Client or New Client may block the data access. The Club shall not be liable before Client or New Client for any damage arising in connection with preventing access to the data of the content referred in the first sentence.

7. Client or New Client as well as other users may use the service anonymously unless the nature of a particular service requires provision of personal data. In the event of illicit use of the services (i.e. in breach of the rules or prevailing legal regulations), the Club shall have the right to process the personal data of the Client, New Client or other users in so far as it is necessary to determine their liability. Club shall advise the Client, New Client or other users of any prohibited actions and demand that they be discontinued and of the processing of personal data for the aforesaid purpose.

8. The provision of the electronic services shall be through Online Application, Live chat or Kiosk following the acceptance of the Rules or the Smart Gym Club Network.

9. The Rules or the Smart Gym Club Network is made available through the Web Site in the form enabling its recovery, recreation, recording and in particular the Rules may be stored on the disc and printed. The Rules are also available at Kiosk.

10. The Client, New Client and other users may discontinue the use of electronic services at any time. In the event of leaving the Web Site, Online Application, Live chat or Kiosk the provision of electronic services shall be terminated automatically without the need for any additional statements of will.

11. deleted

12. The Club shall not be liable for the use of Online Application, Live chat, Web Site or Kiosk in the manner violating the provisions of the Rules.

13. The Client or New Client concerned by the incorrectly filled forms shall be directly liable for any consequences deriving from improper filling out of the forms using Online Application or Kiosk, particularly by the Client’s or New Client’s provision of erroneous or untrue data.

 

Withdrawal from Service Provision, Complaints

§ 5

1. Client who is a consumer shall have the right to withdraw from the services provided by Smart Gym Club Network without specifying the reason in the event of:

1) Remote purchase, i.e. using the Online Application the first Carnet within the scope of the commenced membership within the meaning of the Rules of the Smart Gym Club Network within fourteen days of its purchase;

2) Remote purchase, i.e. using the Online Application 24h pass within fourteen days of the date of its purchase.

1’ In order to withdraw from the services provided by the Smart Gym Club Network, the Client should provide a withdrawal representation as per the model constituting Attachment no. to the Rules of the Smart Gym Club Network. The withdrawal from the use of the Smart Gym Club Network services may be submitted by the Client in writing and have it delivered by post or personally to this address: Platinium Wellness sp. z o.o., ul. Juliusza Lea 116, 30-133 Kraków.

2. In the event of submission of a representation concerning withdrawal from the provision of the Smart Gym Club Network services the reimbursement of the payment shall be made in the same manner as the payment method used by the Client, unless the Client gives his/her express consent to another payment method which will not be linked with any costs on his/her side. Within 14 days of the date of receipt of the withdrawal representation concerning the Smart Gym Club Network services, the Client shall reimburse the Client with the relevant amount and in the case the commencement of the validity period of the Carnet and upon express request of the Client, prior to the elapse of the deadline for the withdrawal from service provision, the amount shall be reimbursed in proportion to the Carnet validity period.

2’ The right to withdraw from the provision of services linked with the 24h Pass shall not be valid where the 24h Pass was used by the Client prior to the elapse of the period of withdrawal from the services.

3. Any complaints and comments concerning the quality of electronic services, operation of the Club’s outlets and their service, complaints with respect to the quality of services provided or any other complaints may be reported in writing or submitted to the Club’s manager or posted to this address: Smart Gym, ul. Juliusza Lea 116, 30-133 Kraków with an annotation “Complaint” or electronically to this address: bok@smartgym.club. A complaint, warranty claim or request should contain the name and surname of the individual, description of the case and mailing address or email address to which the Club should send its reply otherwise the warranty claim, complaint or application shall not be considered.

4. Reply to complaint, warranty claims or applications shall be given in writing to the address indicated in the complaint, warranty claim or application as the mailing address or electronically to the email address within 30 days of its delivery to the Club. The Club shall advise the individual submitting the complaint by sending a message to the address indicated in the course of the complaint as the address for communication or e-mail.

5. Information concerning the out-of-court methods of dispute resolution is given in the Rules of the Smart Gym Club network.

 

Online Application and Kiosk Characteristics

§ 6

1. Online Application is composed of the following applications:

1) Registration application used for registering New Clients and uploading their data to the database;

2) Log in application enabling Clients’ access to their Accounts;

3) Client Panel where the Client may view histories of their Carnets and navigate to other applications;

4) Client’s Profile, where the Client may change his/her personal data, password, or profile photo;

5) Buy Carnet enabling the purchase of the selected Carnet.

2. Kiosk comprises the following applications:

1) Registration application used for registering New Clients and uploading their data to the database including conclusion of the registration process of individuals who set up their account using the Online Application;

2) Log in application enabling Clients’ access to their Accounts;

3) Client Panel where the Client may view histories of their Carnets and navigate to other applications;

4) Client’s Profile, where the Client may change his/her personal data, biometric data, invoicing data, password, or extend, suspend and terminate Carnet’s validity;

5) Buy Carnet enabling the purchase of the selected Carnet.

 

Rules for the Use of Online Application

§ 7

1. The Account is set up following a correct filling in of the registration form using the Online Application. Client who wants to set up an account should identify his/her personal data by filling in the adequately defined fields. Next the Client submits a representation concerning the granting or not granting consents. Online Application shows which consents are required for the provision of services by the Smart Gym Club Network. Client or New Client shall be required to provide on the registration form their full and true data.

2. Setting up the Account by an individual who is under 18 shall be possible following satisfaction of the requirements set out in item 1 above and following the provision to the Smart Gym Club Outlet of a correctly filled out and signed representation of the content whose model constitutes Attachment 1 to the rules and submission, following the conclusion of registration using the Kiosk, of a representation concerning the delivery of the document to the Club’s Outlet. The Client who is under 18, having provided the information identified in section 1 may complete the registration solely by using the Kiosk and following the provision of a representation of their legal Guardians to the Club as indicated in the first sentence herein. The person who is under 18 shall provide in the registration form the contact data of their legal Guardian in so far as required on the form.

3. Refusal to accept the rules of the Rules of the Smart Gym Club Network shall result in lack of possibilities of using the Club’s services. The Club may deny the provision of services to the Client in situations referred to in the Rules and in the Rules of the Smart Gym Club Network, and also in the event of refusal to accept the Rules or in the Rules of the Smart Gym Club Network or provision of incomplete, untrue information, forged, or of incomplete or unsigned representations referred to in section 2 above or provision of untrue contact information of the Legal Guardian.

4. deleted

5. An email shall be sent to the email address identified by the Client or New Client with a request for account activation. The activation shall be by clicking the “Activate my account” button.

6. In order to login on to the Online Application it is necessary to provide in the relevant registration fields the e-mail address provided upon registration and account set up, enter the password selected during registration and click on the “Log in” button.

7. Having logged on, the Client shall be provided with access to the Client’s Panel where he/she may manage their account and purchase the Carnet. Conclusion of the use of the Online Application shall be after logging out.

8. It is not possible for the New Client registering through the Online Application to make a biometric model of their finger and obtain the ID. New Client interested in using the Club’s services should go to the Club’s Outlet and complete the registration process using the Kiosk. To this end, by pressing the “First Visit” key and later “Finish Registration” they should provide a single-time PIN and make a scan of the selected points of the biometric model of the finger in order to assigned the ID. With respect to the procedure referred to herein the provisions of 8 sections 7-9 of the rules shall be applicable.

9. Club hereby advises that for technical reasons, among other things if it is not possible to make the fingerprint scan on a permanent basis and hence to receive the ID or where it is not possible to read the scan upon entry into the Club obtaining the Client’s status shall not be possible. Should such restrictions occur, an individual who previously purchased the Carnet or 24h pass shall be provided with the reimbursement of the price paid for the Carnet or 24h pass. In order to obtain the reimbursement of such amounts due one should get in touch with the Customer Service Office and advise them of the circumstances.

 

Rules for the Use of Kiosk

§ 8

1. The use of Kiosk shall only be possible at the Club’s outlets or in other places identified by the Club.

2. Kiosk enables account management or purchase of the Carnet or 24h Pass.

3. Setting up the account using the Kiosk shall be after pressing the “Set up Account” button and following correct filling out of the registration form as made available by the Kiosk. The Client who wishes to set up the account should identify the data provided on the form by filling in the relevant fields. The Client or the New Client undertakes to provide true and complete data on the registration form.

4. Setting up the Account by an individual under 18 shall be possible following satisfaction of requirements referred to in section 3 above and following the provision to the Smart Gym Club Outlet of a representation whose content is given in Appendix 1 to the Rules, correctly filled out and signed and upon registration and submission of a representation during registration using the Kiosk concerning provision of the said document to the Club’s Outlet. In the form, the individual who is under 18 shall provide the data of their Legal Guardian.

5. The content of the relevant fields shall be displayed in the Kiosk. The Kiosk indicates and provides information on the consents required for the provision of the Smart Gym Club Network.

6. Refusal to accept the Rules or the Rules of the Smart Gym Club Network shall result in lack of possibilities of using the Club’s services. The Club may deny provision of services to the Client in the situations referred to in the Rules and the Rules of the Smart Gym Club Network as well as in the event of refusal to accept Rules and the Rules of the Smart Gym Club Network or provision of incomplete or untrue data or where the Client or the New Client fails to satisfy the requirements laid down in the rules or in the event of failure to provide or provision of false, forged or incomplete representations referred to in section 4 above or provision of untrue contact data of the Legal Guardian.

7. Following the granting of relevant consents and pressing the “Next” button, a text message shall be sent to the Client’s mobile device with a single-time PIN code which is to be entered at the Kiosk in a relevant form field. Following the receipt of the PIN code the „Confirm” button should be pressed.

8. After the single-time PIN code has been confirmed, information on the correct way of reading in the biometric pattern will be displayed.

9. Next the New Client should place the finger in the biometric pattern reader. Following the correct scanning of the biometric finger model and assigning the ID, an offer will be displayed. Having logged on to the Account, the Client is provided with access to the Client’s Panel where they may manage their Account and purchase the Carnet. Conclusion of the use of Kiosk shall be upon logging off.

10. With respect to Kiosk registration § 7 section 19 of the rules shall be applicable.

 

Rules for the Use of Live chat

§ 81

1. In order to ensure the Web Site users’ ongoing contact with the Club’s consultants during which the basic information on the operation of the Smart Gym network and the individual Clubs will be provided, the Club makes Live chat available. For the avoidance of doubts, the Club advises that it does not register the members, sell the Carnets, 24h passes or other services through the Live chat, nor does it consider complaints or warranty claims and furthermore in order to ensure the compliance with the rules of Client verification it does not accept the representations concerning withdrawal from the agreement, termination or conclusion thereof or with respect to withdrawal of the previously granted consents.

2. In order to use Live chat, the Live chat icon should be highlighted, message content formulate and the “Send” button clicked on.

3. Live chat enables online and offline sending of a message; “online” means that the Club Network consultants are available on Live chat while the “offline” mode means that the Club’s consultant is not available on Live chat. The Live chat Messenger contains the current information of the online/offline availability upon connection.

4. Online Live chat shall be available from 8:00 to 18:00, Monday to Friday with the exclusion of the bank holidays. Otherwise the Live chat shall be available in an offline mode.

5. The Club Network consultants shall provide information in response to the queries made through Live chat as and where possible on an ongoing basis, if Live chat service is available upon sending a message. The replies to offline queries shall be sent as and where possible immediately following the resumption of the online mode.

 

Customer Service Office – Telephone Contact

§ 82

1. The Club ensure the provision of information on the Clubs and the rules of use and provision of service by the Clubs through a telephone contact with the consultants of the Customer Service office. For the avoidance of doubts, the Club advises that it does not register the members, sell the Carnets, 24h passes or other services, or consider complaints or warranty claims and furthermore in order to ensure the compliance with the rules of Client verification it does not accept the representations concerning withdrawal from the agreement, termination or conclusion thereof or with respect to withdrawal of the previously granted consents.

2. Information on the working hours of the Customer Service Office and contact number is given on the Web Site.

 

Privacy Policy

§ 9

1. The administrator of personal data shall be Platinium Wellness Spółka z ograniczoną odpowiedzialnością headquartered in Kraków, ul. Juliusza Lea 116, 30-133 Kraków, entered into the Register of Entrepreneurs of the National Court Register maintained by District Court for Kraków-Śródmieście in Kraków, 11th Economic Division of the National Court register under entry no. KRS: 0000383004, NIP: 6772356421, REGON: 121499796. The personal data are processed in compliance with the rules set forth in the Act on Personal Data Protection dated 29 August, 1997 (Journal of laws of 2015 item 2135 as amended) (hereinafter referred to as the Act).

2. The Club pays special attention to the protection of Clients’ privacy. The Club chooses and appliance adequate technical and organisational means ensuring suitable protection of the processed data including software protection with due care. In particular, it protects the data against disclosure to unauthorised individuals as well as processing in breach of the prevailing legal regulations.

3. The Club performs ongoing control over the personal data processing.

4. The basis for the Personal Data processing shall be Art. 18-19 of the Act of 18 July 2002 on Rendering Electronic Services (Journal of Laws of 2016 item 1030) and Art. 23 sections 1, 3 and 5 of the Act. The personal data are processed with a view to referring, moulding the content, amending, terminating legal relationship between the Club, the Client and New Client for the purposes linked with the marketing of own products and the Club’s correct provision of services.

5. The Client and New Client shall have the right to view their personal data, have them rectified, supplement, updated or corrected as well as the right to demand their deletion if the data is incomplete, not up to date, untrue or was collected and submitted in situations referred to in 23 section 1 items 4 and 5 of the Act of a written and justified request to stop data processing in connection with their particular situation or object to data processing in situations referred to in Art. 23 section 1 items 4 and 5 of the Act or where data administrator intends to process them for marketing purposes or submit their data to another data administrator.

 

Intellectual Property

§ 10

Any commercial logos, trademarks and service signs used through the Web Site, Kiosk or Online Application shall be subject to the restrictions laid down in the Act on Copyright and their processing, modification or use in any way shall be prohibited.

 

Final Provisions

§ 11

1. The Club shall have the right to block access to Online Application, Web Site, Live chat or the Kiosk for important reasons and in particular in the event of detection of irregularities in the use thereof including the occurrence of circumstances harmful to the Client, New Client or the Club.

2. The Owner of the Smart Gym Club Network and the entity providing electronic services as laid down in the Rules shall be Platinium Wellness Spółka z ograniczoną odpowiedzialnością headquartered in Kraków, ul. Juliusza Lea 116, 30-133 Kraków, entered into the Register of Entrepreneurs of the National Court Register maintained by District Court for Kraków-Śródmieście in Kraków, 11th Economic Division of the National Court register under entry no. KRS: 0000383004, NIP: 6772356421, REGON: 121499796.

3. All Attachments constitute an integral part hereof.

4. The Club shall advise the Client of any amendments to the Rules by publishing relevant information on the Web Site, Online Application or Kiosk and electronically by e-mail sent to the Client’s e-mail address indicated on the Account. In the event of the Rules being amended, the Client shall have the right to resign from the Carnet without adhering to the notice period with the effect as at the last day of the Carnet’s validity. In the event of lack of acceptance of the changes deriving from the change of the Carnet price, the Carnet shall not be renewed automatically. In the event of failure to use the right to resign from the Carnet, the Client shall be assumed to have accepted the amended Rules.

5. Activity of hackers poses special risks to the use of the Internet including the electronic services provided by the Club, which is aimed at compromising the Club’s or Client’s or New Client’s network and a possibility of having the tele information system „infected” by malicious software created with a primary object to cause damage such as “trojans”, or “worms”. In order to avoid network-related risk, the use of up-to-date antivirus software is recommended. The Club shall hereby advise that it is going to undertake action aimed at minimising risks referred to in the first sentence; however, the Client and New Client acknowledge that there are no ways of complete and full protection against the aforesaid actions.

6. In order to exercise the rights referred to in the rules, the authorise party may at any time contact the owner of the Club’s network using:

1) Traditional post with the correspondence sent to this address: Platinium Wellness sp. z o.o. headquartered in Kraków, ul. Juliusza Lea 116, 30-133 Kraków;

2) Electronic mail with the correspondence sent to this address: bok@smartgym.club

 

Attachment no. 1 to the Rules – Representation BY Legal Guardian

…………………………………

(city/town, date)

 

Platinium Wellness sp. z o.o.

Juliusza Lea 116

30-133 Kraków

KRS: 0000383004

 

Representation

I, the undersigned ……………………………………. (surname and name), resident at ……………………………………………………………. (address), having PESEL no.: ……………………… (PESEL number), being a Legal Guardian  ……………………………………. (name, surname of the charge), resident at ……………………………………………………………. (address), having PESEL number ……………………… (PESEL number) (hereinafter referred to as the „Client”) hereby represent that I have become familiar with the Rules for the Provision of Electronic Services by the Smart Gym Club Network and the Rules of the Smart Gym Club Network and I give my consent to the purchase by the above-named person of the Carnet / 24h Pass to the Smart Gym Club and I assume full liability for any damage cause by the above-named person during his/her stay at the Smart Gym Club. I further represent that I am not aware of any medical counterindications with respect to the use by the above-named individual of the Smart Gym Club services.

 

Please contact me at this number in case of emergencies: ……………………… (telephone number).

 

                                                                                                                                      …………………………………………

                                                                                                                                      Guardian’s Legible Signature

 

Acting as a Legal Guardian of ………………………………………. (child’s name and surname) (hereinafter referred to as the “Client”) I hereby give consent to the processing of personal data of the Client by Platinium Wellness sp. z o.o. w Krakowie ul. J. Lea 116, 30-133 Kraków (Administrator) as per the Act of 29 August, 1997 on personal Data Protection (Journal of Laws of 2015, item 2135 as amended), Rules for the Provision of Electronic Services by Smart Gym Club Network and Rules of the Smart Gym Club Network in so far as it may be necessary for the proper provision of the services referred to therein.

 

                                                                                                                                      …………………………………………

                                                                                                                                      Guardian’s Legible Signature

 

Acting as a Legal Guardian of ………………………………………. (child’s name and surname) (hereinafter referred to as the “Client”) I hereby consent to Platinium Wellness sp. z o.o. w Krakowie ul. J. Lea 116, 30-133 Kraków (Administrator) processing of Client’s biometric as per the Act of 29 August, 1997 on personal Data Protection (Journal of Laws of 2015, item 2135 as amended), Rules for the Provision of Electronic Services by Smart Gym Club Network and Rules of the Smart Gym Club Network in order to ensure proper provision of the sports and recreational services (recording the entry of the authorized Client).

 

…………………………………………

                                                                                                                                   Guardian’s Legible Signature

 

……………………………………….

Client’s Signature

 

 

RULES OF THE SMART GYM CLUB NETWORK

dated 6 September, 2016

(effective as of 17 August, 2017)

 

The Rules constitute a model within the meaning of Art. 384 of the Civil Code. The Rules determined the rights and duties of individuals using the Smart Gym Club Network services.

 

I. Definitions

The terms and expressions (spelled with small or capital letters) as used herein shall be construed as:

1) Club Member – an individual using the services of the Smart Gym Club Network who purchased the Carnet;

2) New Client – an individual using the Club’s services for the first time or an individual who does not have an active Carnet of the Smart Gym Club Network. A new Club Client may solely be a person aged 15 and over who does not have any medical counterindications for exercising.

3) Client – a Member of the Club, an individual using a voucher or a 24h Pass authorising them top the use of the Club’s services or and individual using the partner programmes as well as an individual using the network of the Smart Gym Club Network under the promotional action or competition terms. A Club’s Client may only be an individual who is 15 and over who does not have any medical counterindications for exercising. Club’s Members may utilize the services offered by the Club as deriving from the purchases Carnet or 24h pass.

4) Clubs – the clubs of the Smart Gym network or an individual club.

5) Club’s Outlets – locations where the Club’s services are provided.

6) ID – enabling entry and exit of the Club assigned individually by the tele information system of the Smart Gym Club Network to the Client during registration or upon conclusion of the registration process on the basis of selected points from the biometric scan of the Client’s finger. The ID does not constitute a scan of the fingerprints, nor a scan of the biometric pattern of the Client’s finger nor does it allow to recreate the fingerprints or the biometric pattern of the Client’s finger.

7) deleted

8) Activation Fee – a non-reimbursable fee paid by the New Client in connection with the granting of membership in the Smart Gym Club Network.

9) Carnet Suspension – suspension of service provision by the Club and the possibility of use of its services by the Client with preservation of the membership. Throughout the Carnet suspension period, the Client shall have the right and duties hereunder. The suspension period shall be extended by the purchased period of Carnet’s validity or suspension periods.

10) Web Site – this web site: smartgym.club .

11) Kiosk – a tele information device with the application installed enabling processing and storing the data used for the registration of New Clients, management of individual Client account in the Smart Gym network tele information system and to make payments. Kiosks are available at Club’s Outlets.

11′) Online Application– a tele information system used to service Clients or New Clients.

12) Carnet – Club’s commitment to provide services under the terms referred to in the Smart Gym Club Network Rules after the Client paid the price as specified in the valid price list. The Carnet may be cyclically renewed as per the provisions hereof.

12′) 24h Pass – the Club’s commitment to the provision of services under the terms referred to in Smart Gym Club Network Rules after the Client paid the price referred to in the prevailing pricelist authorising the Client to an unlimited number of entries within 24h of the first entry subject to that after exiting the Club the next entry is possible after the elapse of 3h.

13) Club’s Opening Day – the date when the Clients who purchased the Carnet may fully use the Club’s services for the first time.

14) Open Days – days when access to the Club for viewing and becoming familiar with its offer is given to all the interested parties who have or do not have an active Carnet. A condition for the use of the services of the Club on open days shall be the provision of the personal data at the Kiosk.

15) Settlement Period – the period for which the Carnet was purchased.

16) Carnet Validity Period – the period equal to the settlement period or the period extended by the period of Carnet suspension.

17) Call Point – devices located in the Club and suitably marked as devices used for the contact with the security guards performing in a limited extent the duties of the Club’s Personnel enabling reporting of events at the Club and remote opening of the Club’s door in the event of equipment failure.

18) Legal Guardian – an individual performing parental care or care under other titles over the Client or New Client who is under 18.

20) Parent Club – Club’s outlet which after 31 August, 2017 was chosen by a New Client during registration or a Club’s outlet where prior to 1 September, 2017 the Club’s Member concluded the registration process and in the event of failure to complete the registration, Club’s outlet situated in the closest vicinity to the Club’s Member place of residence. Should it be not possible to identify the parent club based on the permanent place of residence, the parent club shall be the outlet chosen by the Club.

 

II. Membership

1. Club Members may use the services offered by the Club as deriving from the purchased Carnet or 24h Pass following registration in the manner referred to in the rules for the Provision of the electronic Services by the Smart Gym Club Network.

2. Client who is under 18 having commenced the registration process using the Online Application or during registration at the Kiosk shall be required to provide the Club with the representation filled out and signed by the Legal Guardian concerning their consent to the purchase of the Carnet or 24h Pass by the Client or New Client who is under 18 and of their being liable for any damage caused by the Client or the New Client who is under 18. The representation referred to in the first sentence constitutes Attachment no. 1 to the Rules on the Provision of electronic Services and can be downloaded from the Web Site. Should the aforesaid requirements be not kept the use of the Smart Gym Club Network services by the Client or the New Client who is under 18 shall not be possible. In the case of change of the Legal Guardian, the new legal guardian shall be required to provide in person the representations referred to in the first sentence. In the event of change of the data of the legal Guardian, the Client or the New Client who is under 18 shall be required to amend the data of the contact person forthwith using the web Site or the Kiosk. The Club reserves the right to verify the presented representations.

3. deleted

4. Registration and obtaining ID shall be determined by the Rules for the Provision of the Electronic Services by the Smart Gym Club Network. The basis for the Membership in the Club shall be the Carnet purchased by the Client or the New Client Carnet. Upon Carnet’s activation, the Client acquires membership in the Smart Gym Club Network and may use the recreational, sports and rehabilitation services on offer.

5. The active Carnet authorises the Client to a 4-week use of the Club’s or the Smart Gym Club Network services as per the current offer published on the Web Site, Kiosk or the Club.

6. The Carnet’s validity period shall commence on the date specified by the Client upon purchase and the Client may determine the start date of the Period within the first 6 weeks of the date of purchase using the Web Site or Kiosk.

7. The date of purchase of the Carnet or 24h Pass shall be the date of Client’s or New Client’s full payment of the fee or fees linked with the purchased Carnet or 24h Pass.

8. The Price List linked with the services provided within the Smart Gym Club Network shall be available at the Kiosk and the Web Site.

9. Purchase of the Carnet or 24h Pass or payment of other fees referred to in the rules shall be in advance in the forms accepted for this purpose by the Smart Gym Club Network.

10. A condition for the maintaining membership and guarantee of stability of the Carnet prices (continuity) shall be the payment for the Carnet or its Suspension for the consecutive Carnet Validity period. Payment for the Carnet referred to in the first sentence should be within the Carnet Validity period or within 14 days of its expiry while the fees for the Carnet Suspension – within the Carnet’s Validity Period. The Carnet paid within the deadlines referred to in the preceding sentence shall be valid from the day following the last day of the last day of the Carnet Validity Period.

11. Should the membership be invalidated due to discontinued purchase of another Carnet the reacquisition of the membership shall be linked with the payment fees in the amount referred to in the Price List concerning Services provided by the Smart Gym Club Network.

12. After the elapse of the Carnet’s Validity Period, it may be extended by the Client subject to the current terms and prices to the consecutive Carnet Validity period subject to the Client’s payment for the consecutive period within 14 days of the elapse of the preceding Carnet’s Validity Period or payment for the Carnet Suspension within the Carnet’s Validity Period. Maintaining the Carnet’s Validity period shall be equivalent to the continuation of the Carnet’s Validity Period under the current terms.

13. The rights deriving from the purchased Carnet are of personal nature and may not be transferred to third parties.

14. The Club accepts the partner programme cards solely where a cooperation is undertaken between the Smart Gym Club Network and the entities offering such cards under the rules set out in the relevant agreements. Individuals who are holders of the cards referred to in the first sentence shall be required to comply with the rules set out herein. The Club may, under the terms referred to in the partner agreement, collect personal data of the individuals who are the card holders as identified in the first sentence for proper provision of services rendered by the Smart Gym Club Network.

15. The Client shall cease to be Smart Gym Clubs Network Member in the following events:

1) Failure to pay for the Carnet within 14 days of the elapse of the validity period of the previous Carnet;

2) Client’s resignation from the membership;

3) Termination of the membership of the Carnet’s invalidation by the Club with immediate effected in the event of Client’s violation of the provisions hereof in particular the rules of use of the Club’s services;

4) Carnet’s invalidation by the Club in the case of change of prices for the services provided at the end of the settlement period and lack of Client’s approval of the new prices subject to the Rules;

5) Termination of the membership or the Carnet by the Club with immediate effect in the event of failure to provide or provision of false, forged, unsigned or incomplete data referred to section II item 2 of the rules;

6) Termination of the membership or the Carnet by the Club with immediate effect in the event of Client’s or the New Client’s who is under 18 provision of untrue contact data to the Legal Guardian;

7) Client’s closure of the account;

8) Withdrawal from the service provision by the Smart Gym Club Network.

15’. Membership invalidation shall be equivalent to discontinuation of the Carnet’s Validity Period.

16. In order to maintain membership, the Client may suspend the Carnet at any time within the Carnet’s Validity Period. Suspension may be reported through the Kiosk or Online Application. Carnet’s suspension shall result in Membership preservation as per section 9 above.

17. The Suspension Period shall commence on the date identified by the Client as the Carnet’s Suspension Date. In the event of failure to pay for the Carnet’s Suspension Period, the suspension period shall not commence. Throughout the Suspension period the Client may not Use the Service provided within the Smart Gym Club Network. The Suspension Period shall be 4 weeks or the multiple thereof.

18. In connection with the Carnet’s Suspension, the Client makes and non-reimbursable fee in the amount specified in the Price List. The Client may suspend the Carnet to consecutive Carnet Suspension Periods or the multiple thereof. Upon each consecutive Carnet Suspension, the Client shall pay an extra, non-reimbursable feed in the amount specified in the price list for each consecutive Suspension Period.

19. The Client may terminate the Carnet’s Suspension Period using the Kiosk or Online Application in which case, i.e. before the elapse of the Suspension Period, the unused suspension days are invalidated and the Client shall be entitled to a reimbursement of the part of fee for unused Carnet Suspension period.

20. In the event of failure to pay of the Carnet Suspension fee for the consecutive period or periods of Carnet Suspension, the Carnet’s validity shall be automatically restored after the elapse of the last suspension period paid for.

21. Following Carnet’s validity restoration, the Client may use the Smart Gym Club Network services under the same price terms as applicable on the date of purchase of the Carnet. In the event of change of the Carnet’s Price during the Carnet’s Validity Period, the Client shall not be required to make payments in connection with the increase of the Carnet price and the Club shall not be required to reimburse the difference between the purchase Price and the new price should it be reduced.

22. The Client may close the account and resign from the Smart Gym Club Network services with immediate effect as at the last day of Carnet’s validity by submitting an email or written disposal to the authorised personnel at the Club. Account’s closure shall be equivalent to the resignation from the membership in the Club.

23. The Client may resign from the Club’s provision of services by submitting relevant disposal at the Kiosk or Online Application with the effect as at the end of the Carnet’s Validity period in which case the Client may use the services of the Club throughout the entire purchase and unused Carnet until the last day of its validity.

24. For registration purposes, each Client shall be assigned to a Parent Club. Clients who became Club’s Members after 31 August, 2017 may independently choose their Parent Club upon registration while the Clients who acquired membership prior to 1 September, 2017 shall be the Club where the Client completed the registration process and in the event of failure to complete registration the Club situated in the closest vicinity of the Client’s place of residence. Should it be not possible to determine the parent Club based on the place of residence, the Parent Club shall be another Outlet chosen by the Club arbitrarily. The Club envisages a possibility of changing the Parent Club.

 

III. Rules for the Use of Club’s Services

1. The Club’s Services shall be used under the terms referred to herein within the scope deriving from the purchased Carnet or 24h Pass following filling out the registration forms using the Kiosk or the Online Application and obtaining the ID. In the Clubs, there may prevail separate Rules for the Sue of designated areas which may specify other rules of use of such areas.

2. Purchase of the services offered by the Club shall take place at the Club’s Outlet through the Kiosk or Online Application.

3. Entry into the Club shall be possible by after the Client’s placement of the finger used during the registration process in the biometric model reader/scanner situated at the entrance or gate enabling reading of the ID and passage through the gate or trap. It is inadmissible to pass through the trap of gate by more than one individual or admitting third parties using one’s own ID.

4. Clients using partner programme cards may use the Club’s services under the terms and within the scope determined in the partner agreements and the Rules herein. In the case of Clients using the partner programme cards, entering the Club shall be possible after the identity of the Member has been verified by the Club’s Personnel. Admission to the Club’s Outlet of the Client using the partner programme cards shall be possible during the hours of presence of the Club’s Personnel.

5. Information about the time of opening of the Club’s Outlets shall be available on the Web Site and directly at the Clubs. A Club may be closed for the period of completion of the necessary repair works and sanitary procedures, repair of a failure as well as under the decisions of relevant authorities, in connection with the occurrence of force majeure and in other justified situations. Clients shall be advised of the necessity to close the Club or limited time of provision of the Club’s services 7 days in advance of the Club’s closing date. In emergency situations, the Clients shall be advised forthwith. The period of Carnet’s validity shall not be extended to the days of the Club’s unavailability as per this provision and the Client shall not be reimbursed with the costs of the Carnet.

6. The Club’s Personnel may verify the identity or age of the Client against the presented ID card in the event of justified suspicions with respect to Client’s age or identity. Where as a result of verification it is fund that the person present at the Club’s Outlet is not the Client or individual identified as the Card Holder, the Club’s Personnel may ask such an individual to leave the Club’s premises. The Club may also terminate the membership or the Carnet with immediate effect.

7. The premises and equipment of the Club should be used in accordance with their intended use and in consideration of the rules laid down herein as well as the rules deriving from relevant instructions or information available in the Club or communicated verbally by the Club’s Personnel. The Client should practise using the individual items of equipment in accordance with their intended use, instructions provided on the equipment adapting the nature and intensity of the exercises to their possibilities and medical condition. While using the equipment the Client should follow the instructions offered by the Club’s personnel. Client may, at any time, ask the Club’s personnel whenever available for information on the manner of use of the individual items of equipment. Client, whose condition does not allow to carry out exercises or participate in the classes should refrain from participation in the classes and exercising. The Club shall not be liable for the damage arising in connection with the failure to observe the provisions of the Rules, inadequate use of the equipment or failure to following the guidelines and instructions of the Club’s personnel and doing exercises where the Client’s medical condition does not allow them to exercise.

6’. In addition to the duties referred to in section 6 above, Client shall be required to use the equipment and devices located in the Club solely within the zones intended for the use of particular equipment or devices. Moving the equipment or device or elements thereof to other zones than those identified by the Club or Club’s personnel shall be prohibited. Also throwing the equipment other than bumper loads and balls shall be prohibited.

7’. The Club’s personnel do not have medical qualifications. For information on the possibilities of using the Club’s services including the individual exercises or participation in the classes and absence of counterindications concerning the participation in the Club’s New Client and Client should refer to the physician or perform adequate medical tests.

8. In the event of worse well-being or an injury occurring during the classes, the Client should discontinue exercising and report this fact to the instructor, coach or other personnel of the Club or use the Call point. In the case of Clients who are under 18, the Club may advise the Legal Guardian of the situation.

9. Classes are held in accordance with the specified schedule available at the Club or on the Web Site. Due to a limited number of places in the classes organized by the Club, the Club reserves that participation may be based on the time of arrival at the Club. Should the Client be late for schedules classes, he/she may not be admitted to the classes.

10. The Club reserves the right to amend the schedule of classes, delete the classes and change the instructor of which it shall advise the participants forthwith on the Web Site and in the Club. Such changes shall not constitute a change to the Rules or the Scope of services provided by the Smart Gym Club Network.

11. Exercising shall be only possible when wearing adequate sportwear including sports shoes suitable for an indoor sports facility. Client should bring his/her own towel.

12. It is prohibited to smoke, use or possess alcohol, or drugs the Club’s premises or attend the classes under the influence of alcohol, intoxicated or drugged and bring dangerous tools or objects. Individuals whose conditions gives rights to a justified suspicion of violating the rule set forth in the preceding sentence may be requested to leave the Outlet.

13. It is forbidden to made video or audio recordings in the premises of the Club without prior consent of the Club’s Manager.

14. Bringing animals into the Club shall be prohibited.

15. Clients are required to stay calm and keep order in the Club’s premises and enable other clients unrestricted use of the Club’s services.

16. Placement of advertisements, sale or provision of other external services without prior consent of the Club’s Manager shall be prohibited.

17. The Club’s changing room is provided with lockers closed with the padlocks. Clients may bring their own locks or purchase one at the Club.

18. Clients should leave their belongings in the specially designated areas in the changing room, in a locker closed with the Client’s padlock.

19. Client shall be required to act with due diligence with respect to locker closing after they have placed their belongings in the clockers. In the event of incorrect operation of the locker, Client should advise the Club’s Personnel of the situation otherwise the Club shall not be liable for the items left in the locker.

20. Following the conclusion of the classes, the Client shall be required to remove their belongings from the locker and take the padlock or leave at the Club in the designated place.

21. The Club shall not be liable for belongings left by the Client in the changing room or in the Club outside the locked locker or for the damaged padlock in the event referred to in section 22.

22. Lockers shall be emptied daily by the Club’s personnel at night hours. Should it be not possible to located the Client who left his/her belongings in the Club’s locker, the padlock shall be cut and the Client shall not have the right to claim reimbursement of the padlocks cost. Items left at the lockers shall be deposited at the Club for the period of 2 weeks after the elapse of which they will be stored at the Club’s repository. In the case of food or perishable food, the Club reserves the right to their immediate utilisation.

22’. The Club may be exited using the devices intended for the leave. For technical issues, the re-admission shall be possible after the elapse of 3 hours of the last admission.

23.Should it be not possible to leave the Club in the event of failure of the relevant equipment and absence of the Club’s Personnel, Client may use the Call point situated et the exit which will enable contact with the Club’s personnel and emergency exit of the Club.

24. In the event of risk for life or health, Clients may use Call points located in the Club which will allow reporting the risk for the life, health or the property of the Clients or the Club.

25. Personal trainers may conduct classes at the Club’s premises subject to their and their clients’ possession of the Carnet, 24h Pass or partner programme Card accepted by the Club. An individual conducting the classes on a chargeable basis or free of chargé shall be liable for any possible damage of the individual exercising under their supervision.

26. Personal trainers referred to in item 25 above, shall be required to verify the condition of the equipment, correctness of its operation and Surface prior to the use if they intend to conduct the personal training classes. In the event of identification of any irregularities, the personal trainer shall be required to withdraw from the use of the equipment or the surface and stop the classes based on the use thereof and to immediately advise the Club’s personnel of the occurrence of such irregularities.

 

IV. Final Provisions

1. Any amendments hereto and to the price list shall require promulgation to the Clients by being published on the Web Site and provision of such information to the Client be electronic mail to the email address indicated upon registration in which case the Client shall have the right to resign from the Carnet without notice period with the effect as at the last day of Carnet’s validity. In the event of lack of acceptance of changes resulting from the change of the Carnet, it will not be automatically renewed and where the automatic renewal was to take place in connection with the consent to the automatic cyclical payment renewal. Should the Client fail to exercise their right to resignation from the Carnet, it The Client shall be deemed to have accepted the amended Rules.

2. The Club may terminate the terms of the provision of services by the Smart Gym Club Network as at the end of the Carnet’s validity period in the event of a change of the price of the services provided of which the Client shall be notified by electronic mail to the address indicated upon registration and on the Web Site. Client may thereupon accept the new price and extend their membership under the new price terms without additional fees or resign from the Club’s services. In the event of termination of the service provision and denial to accept the new price, the Client shall have their membership discontinued at the end of the Carnet’s validity period.

3. Any comments or complaints regarding the work of the Club’s Outlets, quality of the service provided or other complaints or requests, and complaints may be reported by the Clients or New Clients in writing and left at the Club’s Manager’s Office at the Club or by being served by a letter to this address: Smart Gym, ul. Juliusza Lea 116, 30-133 Kraków with an annotation “Complaint”. The complaint, request or application should specify the full name of the Client or new Client, description of the issue and mailing address or email address to which the reply should be served on the pain of lack of possibility to respond to the complaint, request or application. The reply to the complaint, request or application shall be given in writing and served to the address identified in the complaint, request or application or electronically to the identified email address. He Club shall advise the Client or the New Client of its rejection of the complaint and the underlying reasons by sending relevant information to the email address or address identified as the mailing address in the course of complaint procedure.

3’. The Client who is a consumer may use the following possibilities of out-of-court methods of dispute resolution:

1) Request the voivodeship Trade Inspection to commence the procedure aimed at out-of-court dispute settlement;

2) File the case for consideration by the permanent arbitration court at the Trade Inspection;

3) Request the municipal of district consumer ombudsman or a social organization whose statutory tasks include consumer protection to resolve the issue for example Consumer Federation.

4’. The Club’s owner advises that at this address http://ec.europa.eu/consumers/odr is available a platform for the internet resolution of disputes between the consumers and entrepreneurs at the Eu level (ODR platform). The ODR platform is an interactive web site platform through which a consumer may submit his/her complaint concerning contractual duties deriving from the agreement on sale or provision of services between the consumers living in the territory if the Union and the entrepreneurs based in the territory of the Union.

5’. The use of the available means of consideration of the complaints and claiming indemnification shall be possible following the conclusion of the complaint procedure and is voluntary in nature – both parties have to consent to the commencement of the procedure.

6’. Detailed information on the out-of-court settlements and indemnification claims as well as the rules of access to the procedures shall be available at among other things these sites: www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php; www.uokik.gov.pl/wazne_adresy.php; at www.uokik.gov.pl a list of institutions is available which deal with the consumer dispute resolution and information on the types of issues which the individual entities deal with.

7′. Address of the official web site of the Voivodeship Trade Inspectorate in Kraków http://www.krakow.wiih.gov.pl/. A list of all voivodeship inspectorates of Trade Inspection and permanent arbitration courts including their web sites is available at: www.uokik.gov.pl/wazne_adresy.php.

4. The owner of the Smart Gym is Platinium Wellness Spółka z ograniczoną odpowiedzialnością headquartered in Kraków, ul. Juliusza Lea 116, 30-133 Kraków, entered into the Register of Entrepreneurs of the National Court Register maintained by District Court for Kraków-Śródmieście in Kraków, 11th Economic Division of the National Court register under entry no. KRS: 0000383004, NIP: 6772356421, REGON: 121499796.

5. The Administrator of personal data is Platinium Wellness Spółka z ograniczoną odpowiedzialnością headquartered in Kraków, ul. Juliusza Lea 116, 30-133 Kraków. The personal data are processed in compliance with the rules set forth in the Act on Personal Data Protection of 29 August, 1997 (Journal of Laws of 2015, item 2135 as amended).

6. The basis for the personal data processing is Art. 23 section 1 items 1 and 3 of the Act on Personal Data Protection of 29 August, 1997 (Journal of Laws of 2015, item 2135 as amended). The processing of personal data is necessary for the Administrator’s provision of the service.

7. In order to ensure the highest quality of the service and ensuring the security, the Club’s Outlets may be monitored. The surveillance records may be used solely in connection with the tasks linked with the protection of individuals or the Club’s property. The Administrator of the surveillance system is Platinium Wellness sp. z o.o. z headquartered in Kraków at ul. J. Lea 116.

8. The Client shall have the right to view their personal data, have them rectified, supplement, updated or corrected as well as the right to demand their deletion if the data is incomplete, not up to date, untrue or was collected and submitted in situations referred to in 23 section 1 items 4 and 5 of the Act of a written and justified request to stop data processing in connection with their particular situation or object to data processing in situations referred to in Art. 23 section 1 items 4 and 5 of the Act or where data administrator intends to process them for marketing purposes or submit their data to another data administrator .

9. Client who is a consumer shall have the right to withdraw from the services provided by Smart Gym Club Network without providing the cause in the event of:

1) A remote purchase, i.e. using the Online Application of the first Carnet within the scope of the membership within fourteen days of the date of its purchase;

2) A remote purchase, i.e. using the Online Application of 24 h Pass within fourteen days of the date of its purchase subject to item 11 below.

10. In order to withdraw from the provision of services by Smart Gym Club Network, the Client should submit a Withdrawal Representation as per the model given in Attachment no. 1 to the Rules. The Client may submit the Withdrawal Representation in writing and submit it by letter or personally to this address: Platinium Wellness sp. z o.o., ul. Juliusza Lea 116, 30-133 Kraków.

10′. In the event of submission of a representation concerning withdrawal from the provisions of the Smart Gym Club Network services the reimbursement of the payment shall be made in the same manner as the payment method used by the Client, unless the Client gives his/her express consent to another payment method which will not be linked with any costs on his/her side. Within 14 days of the date of receipt of the withdrawal representation concerning the Smart Gym Club Network services, the Client shall reimburse the Client with the relevant amount and in the case the commencement of the validity period of the Carnet and upon express request of the Client, prior to the elapse of the deadline for the withdrawal from service provision, the amount shall be reimbursed in proportion to the Carnet validity period.

11. The right to withdraw from the provision of services linked with the 24h Pass shall not be valid where the 24h Pass was used by the Client prior to the elapse of the period of withdrawal from the services. After the purchase of the Carnet, the Client may receive a VAT invoice using the Web Site. The invoice is also submitted to the Client’s e-mail address identified upon registration.

12. In order to exercise the rights referred to in the rules, the authorised party may at any time contact the owner of the Club’s network using:

1) Traditional post with the correspondence sent to this address: Platinium Wellness sp. z o.o. headquartered in Kraków, ul. Juliusza Lea 116, 30-133 Kraków;

2) Electronic mail with the correspondence sent to this address: bok@smartgym.club

 

Attachment no. 1 to the Rules – Representation

 

 

 

Platinium Wellness sp. z o.o.

Juliusza Lea 116

30-133 Kraków

 

Representation concerning

Withdrawal from the Services provided by the Smart Gym Club Network

 

 

I the undersigned below, ………………………………………….. (name and surname), resident at …………………………

……………………………………………………….. (address) hereby represent that under Art. 27 of the Act of 30 May, 2014 on Consumer Rights (Journal of Laws of 2014, item 827 as amended) I withdraw from the services provided by the Smart Gym Club Network as deriving from the Carnet purchased on ……………………………………… .

 

 

 

                                                                                                                                             ……………………………………….

                                                                                                                                              Date

 

……………………………………….

Client’s Signature

FILES TO DOWNLOAD:

  • Rules for the provision of electronic services through the Smart Gym club network  – download
  • Attachment no. 1 to the Rules – Representation BY Legal Guardian- download
  • Rules of the Smart Gym club network – download
  • Attachment no. 1 to the Rules – Representation – download