Regulations

REGULATIONS FOR THE PROVISION OF ELECTRONIC SERVICES BY THE SMART GYM CLUBS NETWORK

(valid from 25 September 2019)

These regulations (hereinafter: the “Regulations”) define the types and scope of electronic services provided by the Smart Gym Clubs Network by using the Online Application service operating at: www.smartgym.club or using Kiosk.

Definitions
§1

The following terms (in lowercase or uppercase) used in these Regulations shall have the following meanings:

1)     Club Member – a person who uses the services of the Smart Gym Clubs Network and has purchased a Membership Card;

2)     New Club Customer – a person who uses the Club services for the first time or a person who shall not have an active Membership Card for the Smart Gym Clubs Network. A New Club Customer can only be a person over 15 years of age who does not have medical contraindications to work out.

3)     Customer – Club Member, a person using a coupon or One-Time Entry entitling to use the Club Services, a person using partner programs, as well as a person using the services of the Smart Gym Clubs Network based under the terms and conditions of promotional or competition actions, or discount codes. The Club Customer can only be a person who is at least 15 years old, who has no medical contraindications to work out.

4)     Club – the Smart Gym Clubs Network or an individual club.

5)     Club Branches – places where the Club services are provided.

6)     ID – a code enabling Entry and exit from the Club, individually generated by the ICT system of the Smart Gym Clubs Network for the Customer, during registration or at the end of the registration process, based on points selected from the Customer’s finger biometric scan. The ID is not a fingerprint scan or a scan of biometric pattern of the Customer’s finger, it does not allow the reproduction of a fingerprint or a biometric pattern of the Customer’s finger.

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7a) Club Card – the card is issued only to Customers who, during or after purchasing a One-Time Entry or Membership Card, for technical reasons, did not receive an ID that itself allows the Entry into the Club, but who paid a fee for the Club Card in the amount of PLN 10.00 (ten zlotys) gross and based on the Club Card and an ID additionally assigned thereto have Entries into the Club without technical obstacles.

7b) Alternate Path – conditions of using the Club’s services enabling Entry to the Club Branches only during the Club Staff’s presence hours and after prior verification of the Customer’s identity by the Club Staff, without the need to have an ID or Club Card. Using the Alternative Path in connection with the membership assignment is associated with payment of an activation fee of PLN 29.00 (twenty-nine zlotys) gross.

8)     Activation Fee – a non-returnable fee to be paid by the New Club Customer in connection with the membership in the Smart Gym Clubs Network.

9)     Membership Card Suspension – a break in the Club’s provision of services and the Customer’s possibility of using its services while maintaining membership. During the Membership Card Suspension, the Customer has the rights and obligations arising hereunder. The Membership Card Suspension extends the Membership Card validity period by the purchased period or periods of suspension

10)   Website – website with the following address: www.smartgym.club.

11)  Kiosk – an ICT device with applied software, enabling data processing and storage, used to register New Club Customers, to manage an individual Customer account in the ICT system of the Smart Gym Clubs Network and to make payments. Kiosks are located in the Club Branches.

12)   Membership Card – OPEN Membership Card and HALF OPEN Membership Card.

 

12a) One-Time Entry – the Club’s obligation to provide services under the conditions set out in the Smart Gym® Clubs Network Regulations after the Customer has paid the price specified in the valid price list entitling the Customer to the One-Time Entry to the Club on the date chosen when purchasing that Entry (expiry date of One-Time Entry), while considering that after leaving the Club, another Entry is not possible on the basis of the same One-Time Entry.

12b) OPEN Membership Card the Club’s obligation to provide services under the terms and conditions set out in the Smart Gym® Clubs Network Regulations, after the Customer payed the price specified in the applicable price list, entitling him/her to use without restrictions any fitness services and other group classes offered by the Club and access to the Club’s gym for a period of 4 weeks (the OPEN Membership Card does not include the services listed in the Smart Gym® price list). The OPEN Membership Card may be renewed periodically in accordance with the provisions of the Regulations of Smart Gym® Clubs Network. The OPEN Membership Card is a network Membership Card, i.e. it entitles to use the services in all the Smart Gym® Clubs Network facilities.

12c) HALF-OPEN Membership Card the Club’s obligation to provide services under the terms and conditions set out in the Smart Gym® Clubs Network Regulations, after the Customer payed the price specified in the applicable price list, entitling him/her to use without restrictions any fitness services and other group classes offered by the Club and access to the Club’s gym for a period of 4 weeks. (the HALF OPEN Membership Card does not include the services listed in the Smart Gym® price list), with the proviso that the Entry to the Club must occur from 4 am to 4 pm, with the Club leaving after 4 pm. The HALF OPEN Membership Card may be renewed periodically in accordance with the provisions of the Regulations of Smart Gym® Clubs Network. The HALF OPEN Membership Card is a network Membership Card, i.e. it entitles to use the services in all the Smart Gym® Clubs Network facilities.

13)   Settlement Period – a period for which the Membership Card was purchased.

14)  Membership Card Validity Period – a period equal to the settlement period or a period increased by the time resulting from the Membership Card Suspension.

15)  Account – a set of resources and permissions within the internal system assigned to a specific Customer.

16)  Payment System Operator – an entity with which the Club has signed an agreement in order to enable the Customers to make payments resulting from services provided by the Smart Gym Clubs Network.

17)   Online Application – IT system used to service Customers or New Club Customers.

17a)             Live Chat – a tool available on the Website for the Website users to communicate with the Clubs Customer Service in real time.

 

18)  Legal Guardian – a person exercising parental authority or otherwise caring for a Customer or New Club Customer who is under 18 years of age.

19)  Home Club – the Club Branch, which after August 31, 2017 was selected by the New Club Customer during his/her registration, or the Club Branch, where before the date of September 1, 2017, the Club Member completed the registration process, and if the registration was not completed, the Club Branch nearest to the Member’s place of residence. If it is not possible to determine the Home Club based on the place of residence, the Home Club is another Club Branch freely chosen by the Club.

20)  Club Staff – Chief Operating Officer of Smart Gym, Club Manager, Smart Assistant or other person dedicated to servicing New Club Customers and Customers.

General Provisions

§ 2

1.      The Club provides to the Customers or New Club Customers electronic services consisting in the possibility of purchasing the Membership Card or One-Time Entry and the Customer Account management using the Online Application or using the Kiosk under the rules described in these Regulations. The Club makes it possible to provide access, at the individual request of a network user, including a Customer or New Club Customer through the Website, displaying a page with a specific URL address,

 

containing information data individually requested by the network user, including the Customer or New Club Customer, including in particular services, information about the Club, entrepreneur conducting the Smart Gym Clubs Network, business profile and contact information, which is provided by specialized tabs. In addition, the Club provides Live Chat service and a telephone hotline.

2.      The Customer or New Club Customer wishing to use the services of the Smart Gym Clubs Network shall be obliged to comply with generally applicable laws, the provisions of the Regulations and the Regulations of the Smart Gym Clubs Network, as well as shall be responsible for the statements made in connection with the purchase of the Membership Card or other services offered by the Smart Clubs Network Gym. Detailed terms and conditions for using the Club’s services are set out in the Regulations of the Smart Gym Clubs Network.

3.      The Online Application and Kiosk are aimed at enabling the registration of New Club Customers, the management of the Customers’ Account, the purchase of a Membership Card or One-Time Entry, making payments for the services provided by the Smart Gym Clubs Network, as well as enabling the use of the services offered by the Smart Gym Clubs Network in the Club Branches under the terms and conditions consistent with these Regulations and the Regulations of the Smart Gym Clubs Network.

Cookies

§ 3

The information on cookies is contained in the Privacy Policy available on the Website.

Terms and conditions of the provision of electronic services

§ 4

1.      In order to properly use the services of the Smart Gym Clubs Network using the Online Application and Live Chat on the Website, the Customer or New Club Customer should have computer hardware and software that meets the following minimum requirements:

1)     Internet connection;

2)    operating system from the Windows, Linux, OSX, Android or iOS family in a version supported by the manufacturer with a conducting graphic environment and a screen with a resolution of 1024 x 768 ppi;

3)     browser             in the stable supported version, in graphical mode,

JavaScript enabled and supporting CORS type queries from the family of: Chrome, Firefox, Safari, Edge.

2.      If the Customer or New Club Customer uses hardware or software that does not meet the technical requirements set out in paragraph 1, the Club shall not guarantee the proper functioning of the Online Application and Live Chat and reserves that that may have a negative impact on the quality of services provided.

3.      The Club reserves the right to change the technical parameters necessary for the proper functioning of the Online Application, the Live Chat or the Website, interface changes of the Online Application, Live Chat or Kiosk, at any time. Those changes shall not constitute an amendment to these Regulations, as long as they do not affect the type and scope of electronic services.

4.      For security reasons, the Club reserves the right to terminate the connection with the Customer or New Club Customer after a period of not less than 30 seconds from the moment the Customer or New Club Customer made the last action using the Online Application and after a period of not less than 30 seconds from the time the Customer or a New Club Customer made last action when using the Kiosk.

5.      The Club’s electronic services consisting of the possibility of purchasing the Membership Card, One-Time Entry, paying other fees, managing the Customer’s account is free, unless an obligation provides for the payment of a fee. The amount of fees is specified in the service price list applicable at the Club.

 

6.      It is forbidden for the Customer to provide illegal, offensive, false or misleading content, content containing viruses or other malware, as well as taking actions that may cause interference or damage to the Website, Online Application, Live Chat or Kiosk. The Club shall not be liable towards the Customer or New Club Customer for damages resulting from preventing access to the data described in the first sentence. The Club shall not be liable towards the Customer or New Club Customer for damages resulting from preventing access to the data described in the first sentence.

7.      The Customer or New Club Customer and other users may use the services anonymously, unless the property of the service requires that the Customer or New Club Customer provide certain personal data. However, in the event of unauthorized use of services (i.e. contrary to the Regulations or applicable law), the Club shall have the right to process personal data of the Customer, New Club Customer or other users to the extent necessary to determine their liability. The Club shall notify the Customer, the New Club Customer and other users about prohibited actions with a request to immediately cease them and about the personal data processing for the above purpose.

8.      The electronic services are provided by starting to use the Online Application, Live Chat or Kiosk after accepting the Regulations and the Regulations of the Smart Gym Clubs Network.

9.      The Regulations and the Regulations of the Smart Gym Clubs Network are made available through the Website in a form enabling its recovery, reproduction, recording, in particular the Regulations can be saved to disk and printed. The Regulations are also available at the Kiosk.

10.   The Customer, New Club Customer and other user may terminate the use of electronic services at any time. In the event of leaving the Website, Online Application, Live Chat or Kiosk, the provision of electronic services shall be automatically terminated without the need to submit additional declarations of will.

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12.   The Club shall not be responsible for using the Online Application, Live Chat, Website or Kiosk in a manner contrary to the provisions of the Regulations.

13.   The Customer or New Club Customer to whom the incorrectly filled forms relate shall be responsible for any consequences resulting from the incorrect filling of the forms using the Online Application or Kiosk, in particular by providing incorrect or false data by the Customer or New Club Customer.

Withdrawal from services provided, complaints

§ 5

1.      The Customer who is a consumer shall have the right to withdraw from the services provided by the Smart Gym Clubs Network without giving a reason in the event of:

1)     distance purchase, i.e. using the Online Application of the first Membership Card, as part of an started membership, within the meaning of the Smart Gym Clubs Network Regulations, within fourteen days from the date of its purchase;

2)     distance purchase, i.e. using the Online Application of the One-Time Entry, within fourteen days from the date of its purchase.

1a. In order to withdraw from the services provided by the Smart Gym Clubs Network, the Customer should submit a Statement of withdrawal prepared in accordance with the template which is included in Appendix No. 1 to the Smart Gym Clubs Network Regulations. The Customer may submit a written statement on withdrawal from the services provided by the Smart Gym Clubs Network and deliver it by post or in person to the following address: Platinium Wellness Sp. z o.o., ul. Juliusza Lea 116, 30-133 Krakow.

2.      In the event of a statement of withdrawal from the services provided by the Smart Gym Clubs Network, the reimbursement of payments shall be made using the same method of payment that was used by the Customer, unless the Customer expressly agrees to another payment method that is not associated with any costs.

 

 Within 14 days from the date of receipt of the statement on withdrawal from the services provided by the Smart Gym Clubs Network, the Club shall reimburse the Customer the amount due, however, in the event of entry into force of the Membership Card, at the express request of the Customer, before the deadline to withdraw from providing services, the amount shall be calculated proportionally to the duration of the Membership Card.

2a. The right to withdraw from the services provided in the scope of a One-Time Entry shall not be granted if the One-Time Entry is performed by the Customer before the deadline to withdraw from services provision.

3.      All comments and complaints about the electronic services, work of the Club Branches and their service, complaints about the quality of services provided and other complaints or, applications and complaints may be submitted in writing and provided to the Club Manager at the Club Branch or sent to the following address: Smart Gym, ul. Juliusza Lea 116, 30-133 Krakow with the note “Complaint” or by email at addressbok@smartgym.club. Complaints or applications should include the first name and last name, description of the case and correspondence address or email address to which the Club should respond, under pain of being unable to answer the complaint or application.

4.      Answers to complaints, and applications shall be provided in writing to the correspondence address indicated in the complaint or application or by email to the email address provided, within 30 days of its receipt by the Club. The Club shall inform the person submitting the complaint about the refusal to accept the complaint and grounds therefore by sending a message to the email address provided in the course of submitting the complaint or to the address for service.

5.      For information on out-of-court dispute resolution, see the Smart Gym Clubs Network Regulations.

Characteristics of Online Application and Kiosk

§6

1.      The Online Application consists of the following applications:

1)    registration application for registering New Club Customers and entering their data into the database, excluding New Club Customers using the Alternate Path;

2)     to log in to allow the Customer access to his/her Account;

3)    Customer Panel, where the Customer can view the history of his/her Membership Card and One-Time Entries, view information about his/her Account and go to other applications;

4)    Customer profile, where the Customer can change his/her personal data: phone number, home address, invoice data, Membership Card details, password, profile picture, extend, suspend, terminate the Membership Cards;

5)    Buy a Membership Card application, thanks to which the Customer may purchase the Membership Card or One-Time Entry selected by him/her, excluding the first Membership Card of the Customer using the Alternative Path and excluding the One-Time Entry of the Customer using the Alternative Path;

6)     Change the Membership Card application, thanks to which the Customer can change the type of the Membership Card.

2.      The Kiosk consists of the following applications:

1)    registration application for the registration of New Club Customers and entering their data into the database, including the registration of New Club Customers who want to use the Alternative Path or complete the registration process of persons who have created an Account via the Online Application and who want to have an ID or an ID and a Club Card assigned;

2)     to log in to allow the Customer access to his/her Account;

3)    Customer Panel, where the Customer can view the history of his/her Membership Card and One-Time Entries, view information about his/her Account and go to other applications;

4)    Customer profile, where the Customer can change his/her personal data: phone number, home address, invoice data, Membership Card details, password, profile picture, extend, suspend, terminate the Membership Cards;

 

5)    Buy a Membership Card application, thanks to which the New Club Customer and Customer can purchase the Membership Card or One-Time Entry of their choice, including enabling the New Club Customer using the Alternative Path to buy the first Membership Card and enabling the purchase of a One-Time Entry to the Customer using the Alternative Path;

6)     Change the Membership Card application, thanks to which the Customer can change the type of the Membership Card.

7)    application registering Entry to the Club of the Customers using the Alternative Path, as well as people using the services of the Smart Gym Clubs Network under the terms and conditions of promotional or competition actions, or discount codes.

Rules for using the Online Application

§ 7

1.      The Account is created after properly completing the registration form in the Online Application, with the proviso that, the first registration and setting up of an Account by a New Club Customer who wants to use the Alternative Path is possible only with the Kiosk use. The Customer wanting to set up an Account via the Online Application or via the Kiosk if the Alternative Path is selected, should indicate the personal data specified in the form by completing the fields described therein. Then the Customer makes a statement about granting or not granting the consent. The Online Application indicates which consents are required to provide services by the Smart Gym Clubs Network. The Customer or New Club Customer are required to provide complete and true data in the registration form.

2.      Creating an Account by a person who is under 18 years of age shall be possible after fulfilling the requirements set out in paragraph 1 above and delivering to the Smart Gym Club Branch a statement with the content constituting Appendix No. 1 to the Regulations, properly completed and signed, and making during the registration completing, using the Kiosk, a statement on delivery of that document to the Club Branch. The Customer who is under 18 years of age, after filling the data indicated in paragraph 1 may complete the registration only using the Kiosk and after confirming the delivery to the Club Branch of the Legal Guardian’s statement referred to in the first sentence of this provision. A person under 18 years of age provides contact details of the Legal Guardian in the registration form. to the extent specified in that form.

3.      Refusal to accept the Regulations or Regulations of the Smart Gym Clubs Network shall result in the inability to use the Club Services. The Club may refuse to provide services to the Customer in the cases specified in the Regulations and Regulations of the Smart Gym Clubs Network, as well as in the event of refusal to accept the Regulations and Regulations of the Smart Gym Clubs Network or providing incomplete or false data or in the case when the Customer or New Club Customer does not meet the requirements set out in the Regulations, as well as in the case of non-delivery or delivery of false, counterfeit, unsigned or incomplete statements, referred to in paragraph 2 above or providing false contact details of the Legal Guardian.

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5.      An email shall be sent to the email address provided by the Customer or New Club Customer with a request to activate the Account. The Account activation shall be performed by pressing the “Activate my account” button.

6.      Enter the email address provided during registration and the Account creation in the appropriate registration fields, enter the password provided during registration and press the “Log in” button, in order to log in to the Online Application.

7.      After logging in to the Account, the Customer receives access to the Customer Panel, from where he/she can manage his/her Account and purchase the Membership Card or One-Time Entry. The use of the Online Application is ended by logging out.

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19.   A New Club Customer during registration using the Online Application is not able to scan a finger biometric pattern and obtain an ID. In order to use the Club’s services based on the ID itself or the Club Card and ID, the New Club Customer should go to the Club Branch and complete the registration process by using the Kiosk. To do that, the one-time PIN should be entered by pressing the “First Visit” button and the “Finish Registration” thereafter. In the case of a New Club Customer who has agreed to the assignment of the ID only or who has a Club Card and ID, the Customer should scan the pattern of selected points of the biometric finger pattern to give the ID. To the procedure described in this paragraph the provisions of § 8 paragraph 79 of the Regulations shall apply.

20.   The Club informs that for technical reasons, among others in the event of a permanent impossibility to perform a finger biometric pattern scan and receiving the ID, as well as in the case of impossibility to read it at the Club Entry, and in addition, if it is not possible to use the Entry or exit using the Club Card and an ID additionally assigned thereto, obtaining the status of a Customer shall be possible only under the terms and conditions of the Alternate Path. If that type of restriction occurs and the Customer fails to use the Alternative Path option, the person who previously purchased the Membership Card or One-Time Entry shall receive a refund of the price paid for the Membership Card or One-Time Entry. In order to obtain a refund of those amounts, the person should contact the Customer Service and inform about those circumstances.

21.   In the event of registration using the On-line Application and the Customer’s consent to assign an ID or Club Card and ID, the Customer should go to the Club Branch to register the Account using the Kiosk and purchase the Membership Card or One-Time Entry under the terms and conditions of the Alternative Path. The Customer using the Alternative Path at each visit shall be required to register the visit at the Kiosk and his/her identity shall be verified by the Club Staff. The rules described in this paragraph shall apply accordingly in the event of a change in the method of Entry to the Club by the Customer.

Rules for using the Kiosk
§ 8

1.      Using the Kiosk is only possible in Clubs Branches or in other places indicated by the Club.

2.      The Kiosk allows to manage your Account and purchase the Membership Card or purchase a One-Time Entry.

3.      Creating an Account using the Kiosk shall occur after pressing the “Create Account” button and after correctly filling the registration form provided through the Kiosk. The Customer wanting to set up an Account should indicate the personal data specified in the form by completing the fields described therein. The Customer or New Club Customer agrees to provide complete and true data in the registration form.

4.      Creating an Account by a person who is under 18 years of age shall be possible after fulfilling the requirements set out in paragraph 3 above and delivering to the Smart Gym Club Branch a statement with the content constituting Appendix No. 1 to the Regulations, properly completed and signed, and making during the registration using the Kiosk, a statement on delivery of that document to the Club Branch. A person under 18 years of age provides contact details of the Legal Guardian in the registration form.

The content of the relevant consents shall be displayed in the Kiosk. The Kiosk indicates and informs which consents are required to provide services through the Smart Gym Clubs Network.

 

 

5. Refusal to accept the Regulations or Regulations of the Smart Gym Clubs Network shall result in the inability to use the Club Services.

6. The Club may refuse to provide services to the Customer in the cases specified in the Regulations and Regulations of the Smart Gym Clubs Network, as well as in the event of refusal to accept the Regulations and Regulations of the Smart Gym Clubs Network or providing incomplete or false data or in the case when  the Customer or New Club Customer does not meet the requirements set out in the Regulations, as well as in the case of non-delivery or delivery of false, counterfeit, unsigned or incomplete statements, referred to in paragraph 4 above or providing false contact details of the Legal Guardian.

7. After providing the necessary consents and pressing the “Next” button, a message shall be sent to the Customer’s phone using the SMS service with a one-time PIN code that must be entered into the Kiosk in the appropriate field on the form. After entering the sent PIN the “Confirm” button must be pressed.

8. After confirming the one-time PIN code, the correct information shall be displayed on how to put finger on the biometric pattern reader.

9. Then, the New Club Customer wanting to obtain an ID or ID and Club Card should put his/her finger to the biometric pattern reader.

After scanning the finger biometric pattern correctly and assigning an ID an offer shall be displayed. If it is impossible to obtain, in the manner specified in the previous sentence, an ID that independently allows for an Entry to the Club of a New Club Customer, the New Club Customer can attempt to register using the Club Card.
The Registration using the Club Card consists in assigning an additional ID to the Club Card using the Kiosk and purchasing the Club Card by the Customer.
The Club Card sale and the Customer registration occurs at the Club reception. After logging in to the Account, the Customer receives access to the Customer Panel, from where he/she can manage his/her Account and purchase the Membership Card or a One-Time Entry.
The use of the Kiosk is ended by logging out.

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26. § 7 paragraph 19 of the Regulations shall apply for the registration on the Kiosk, with the proviso that,

a New Club Customer who wants to use the Club’s services under the terms and conditions of the Alternative Path can only register using the Kiosk, and it is not necessary to obtain an ID to complete the registration.

A Customer who wants to use the Club’s services based on a Membership Card or

27. One-Time Entry on the basis of the Alternative Path, after registering his/her visit on the Kiosk should each time at the Entry undergo verification by presenting an identity document to the Club Staff.

If the Customer changes the method of Entering the Club during the continuity of the Membership Card Validity Period, an additional fee of PLN 10.00 (ten zlotys) gross may be charged

 

Rules for registering and administering a payment card

§ 81

1.     When creating an Account and when using the Account, the Customer may register a payment card in the Account for free. The payment card is registered only for the purpose of making purchases in the Online Application with the participation of the Payment System Operator, without the need to provide that Membership Card’s data each time.

2.     In order to register a payment card in the Account, the Customer, as part of the purchasing process, should select the payment card information (16-digit payment card number, expiry date of the payment card, CVV2/CVC2 code) when choosing the payment method and agree to its registration. The payment card is also registered if the Customer agrees to automated recurring payments, which shall be charged until the consent for recurring payments is withdrawn, the Membership Card expires or the Membership Card is removed in accordance with paragraph 5 of this Section.

3.     Proper registration of the payment card results in saving the encrypted payment card data in the Customer Account and allows their use for subsequent payments.

4.     The Customer is required to provide his/her own payment card data and is responsible for ensuring the completeness and reliability of the data saved and stored in the Account as part of the payment card registration, and in the event of a change in data, in order to use the option of making purchases in the Online Application without the need to provide that Membership Card’s data each time, he/she shall be obliged to register again.

5.     The Customer may register an unlimited number of payment cards on the Account and may manage them by removing them at any time after logging into the Account.

6.      The Customer shall be obliged to:

a)     comply with the rules for using the payment card agreed with its issuer, in particular as regards procedure in the event of the Membership Card loss, as well as the security;

b)    ongoing monitoring of payment transactions made with a payment card on the Online Application and to immediately report to the Customer Service any non-compliance or irregularities found.

Rules for using the Live Chat

§ 812

1.     In order to provide the Website users with ongoing contact with the consultant the Customer Service, within which basic information on the functioning of the Smart Gym Clubs Network and individual Clubs is provided, provides the Live Chat. For the avoidance of doubt, the Club informs that it shall not perform subscriptions for classes, sale of the Membership Cards, One-Time Entries or other services, it shall not consider complaints, and furthermore, for reasons of ensuring the rules of verification of Customers, it shall not accept statements of withdrawal from the agreement, its termination or withdrawal therefrom and statements regarding withdrawal of consents granted, by the Life Chat.

2.     To use Live Chat, select the Live Chat window, wire the message and click the “Send” button.

3.     The Live Chat allows to send messages online and offline, where the online mode means that the Clubs network consultant is available on the Live Chat, while the offline mode means that the Clubs network consultant is not available on the Live Chat. Live Chat messenger contains information about the online or offline mode that was valid at the time it was turned on.

4.     Live Chat online mode is available from 8 am to 6 pm, from Monday to Friday, excluding public holidays. On the days and times other than those specified in the previous sentence, the Live Chat is offline.

5.     Clubs network consultants provide information in response to questions raised using Live Chat as far as possible on an ongoing basis, provided that the Live Chat is in the online mode at the time of sending the message. Answers to the messages sent in the offline mode are sent, as soon as possible after activating the Live Chat to the online mode.

 

 

Customer Service – telephone contact
§ 83

1.     The Club provides information on Clubs and the rules for using and providing services by the Clubs by telephone, by the Customer Service consultants. For the avoidance of doubt, the Club informs that it shall not perform subscriptions for classes, sale of the Membership Cards, One-Time Entries or other services, it shall not consider complaints, and furthermore, for reasons of ensuring the rules of verification of Customers, it shall not accept statements of withdrawal from the agreement, its termination or withdrawal therefrom and statements regarding withdrawal of consents granted, by phone.

2.     The information about the Customer Service working hours and contact number is provided on the Website.

Privacy Policy
§ 9

1.     The Controller of the Customer personal data is Platinium Wellness sp. z o.o. with its registered office in Krakow (30-133) at ul. Juliusza Lea 116, entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Krakow, 11th Commercial Division of the National Court Register KRS [company registration number]: 0000383004 (hereinafter referred to as: the “Controller”).

2.     The Controller appointed the Data Protection Officer. The Controller indicates the contact details appropriate in matters related to the personal data processing: iod@smartgym.club.

3.     The Customer’s personal data provided in connection with the conclusion of the Agreement in the manner specified in the Regulations shall be processed by the Controller, primarily: 1) for the purpose and scope necessary to perform the concluded Agreement pursuant to Article 6 paragraph 1 item b) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation). (ii) to comply with a legal obligation pursuant to Article 6 paragraph 1 item b) of the General Data Protection Regulation, and (iii) for the purpose of marketing by the Controller of own services, redress or defense of claims or rights of any of the Controllers, in order to counteract abuse by the Customer, to ensure the safety of persons and property of the Controller – pursuant to Article 6 paragraph 1 item f) of the General Data Protection Regulation.

4.     If the Customer grants, in connection with the conclusion of the Agreement, a voluntary consent to the processing of biometric personal data (fingerprint data), that data shall be processed by the Controller pursuant to Article 6 paragraph 1 item a) of the General Data Protection Regulation in order to verify the Customer’s identity and record Entry to the Club as an authorized person.

5.     If the Customer grants a voluntary consent to the personal data processing for the purpose of sending the newsletter or for marketing purposes after the expiry of the agreement, the given data shall be processed for those purposes on the basis of a consent granted – pursuant to Article 6 paragraph 1 item a) of the General Data Protection Regulation. If the Customer grants, in connection with the subscription to the newsletter or the conclusion of the Agreement, a voluntary consent to the transmission of commercial information by electronic communication means or consent to the use of telecommunications terminal equipment of which the Customer is a user (telephone, computer) and automated calling systems, the above-mentioned communication channels shall be used by the Controller for the marketing of own services – sending the Newsletter to the Customer.

5a. If the Customers agrees to make purchases in the Online Application without the need to provide payment card data each time, the data provided shall be processed pursuant to Article 6 paragraph 1 item a) of the General Data Protection Regulation.

6.     The recipients of the Customer personal data may be entities cooperating with the Controller in the scope of electronic services provided to the Controller (e.g. subcontractor), such as entities providing accounting, legal, debt recovery, marketing and IT services,

 

 entities providing the Controller with IT solutions for Customer Service, entities providing payment services and entities providing technical services supporting payment services.

7.      The Controller shall neither transfer the Costumer personal data to third countries.

8.     The Customer personal data shall be stored for the duration of the concluded agreement and after its termination, in order for the Controller to exercise the rights and obligations arising from applicable law, including in particular tax regulations, provisions regarding the limitation of claims, in the event of processing personal data under the consent – until it is withdrawn, and in the case of processing personal data pursuant to Article 6 paragraph 1 item f) of the General Data Protection Regulation pending an objection.

9.     The Customer has the right to access his/her personal data, rectify it, delete or limit its processing, the right to object to further personal data processing pursuant to Article 6 paragraph 1 item f) of the General Data Protection Regulation, the right to transfer personal data and the right to lodge a complaint to the supervisory authority regarding the personal data protection.

10.  Providing personal data by the Customer in the process of concluding the Agreement is voluntary, but necessary for the performance of the Agreement (this shall not apply to biometric data, in the form of fingerprint data referred to in paragraph 4 above, as well as the data referred to in paragraph 5 and 5a above).

Intellectual Property

§ 10

All trademarks, logos and service marks used via the Website, Kiosk as well as the Online Application are subject to protection in accordance with the Copyright Act, and their processing, modification or use in any field of use is prohibited.

Final provisions

§ 11

1.     The Club shall have the right to block access to the Online Application, Website, Live Chat or Kiosk for important reasons, including in particular in the event of irregularities in their use, including the occurrence of circumstances that could endanger the Customer, New Club Customer or the Club.

2.     The owner of the Smart Gym Clubs Network and the entity providing electronic services specified in the Regulations is Platinium Wellness Spółka z ograniczoną odpowiedzialnością with its registered office in Krakow, ul. Juliusza Lea 116, 30-133 Krakow, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmiescie in Krakow, 11th Commercial Division of the National Court Register, KRS [company registration number]: 0000383004, NIP [tax identification number]: 6772356421, REGON [national business registry number]: 121499796,

3.      All appendixes form an integral part of these Regulations.

4.     The Club shall inform the Customer about the amendment to the Regulations by posting relevant information on the Website, Online Application or Kiosk and by email to the email address of the Customer indicated on the Account. In the event of amendments to the Regulations, the Customer shall have the right to resign from the Membership Card without notice, with effect on the last day of the Membership Card. If the Customer does not accept the amendments resulting from the change in the price of the Membership Card, the Membership Card shall not be automatically renewed. If the right to resign from the Membership Card is not exercised, the Customer is deemed to accept the changes made to the Regulations.

5.     Special risks associated with the use of the Internet, including the Club’s electronic services. is the so-called hackers activity aimed at hacking into the Club and Customer or New Club Customer system and the possibility of “infecting” the ICT system by malware mainly created to cause damage

 

 such as “Trojan horses” and “worms”. To avoid the risks associated with that, it is recommended to use an up-to-date antivirus software. The Club informs that it is taking actions to minimize the risks referred to in the first sentence, however, the Customer and New Club Customer acknowledge that there are no ways of complete and full protection against the undesirable actions indicated.

6.     In order to exercise the rights set out in the Regulations, the authorized person may at any time contact the owner of the Clubs Network via:

1)    traditional mail to the following address: Platinium Wellness Sp. z o.o. with its registered office in Krakow, ul. Juliusza Lea 116, 30-133 Krakow;

2)     email address: bok@śmartgym.club

 

 

Appendix No. 1 to the Regulations – Legal Guardian Statement

(place, date)

Platinium Wellness sp. z o.o.

ul. Juliusza Lea 116

30-133 Krakow

KRS (Company Registration Number): 0000383004

Statement

1. I, the undersigned ________________________________________________  (first name and last name), residing in

____________________________________________________________  (address), holding PESEL [personal identity number]: ________________________________________________  (PESEL), being a legal guardian of

______________________________________________________  (first name and last name of the person in care),

residing in ____________________________________________________  (address), PESEL [personal identity number]:

____________________________________________________  (PESEL) (hereinafter referred to as the “Customer”)

I declare that I have read the Regulations for the Provision of Electronic Services by the Smart Gym Clubs Network Regulations and the Regulations of the Smart Gym Clubs Network, and that I agree to the Customer’s purchase of a Membership Card/One-Time Entry to Smart Gym Clubs, and I undertake full responsibility for any damage caused by the Customer during his/her stay in the Smart Gym Clubs Network. I declare that I have no knowledge of any health contraindications for the use of the services of Smart Gym Clubs by the Customer indicated above.

I provide the following contact number: ___________________________________  (phone number).

2. Acting as the Customer’s Legal Guardian, I hereby confirm the consent given by the Customer for processing by Platinium Wellness sp. z o.o. in Krakow ul. J. Lea 116, 30-133 Krakow (the Controller) of the Customer’s biometric data in accordance with Article 9 paragraph 1 item a) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the personal data processing and on the free movement of such data and the repeal of Directive 95/46/EC to verify the Customer’s identity and record the Customer’s Entry into the Club as an authorized person.1 □ YES □ NO
3. Acting as the Customer’s Legal Guardian, I hereby confirm the Customer’s consent to the cyclical charging of the Customer’s Membership Card in the amount resulting from the services he/she purchased in accordance with the price list applicable in the Smart Gym Clubs Network, in order to settle cyclical payments in the same amount by Elavon Financial Services Designated Activity Company (a limited liability company with the designated subject of activity) Branch in Poland with the registered office of the branch in Warsaw, ul. Puławska 17, 02-515 Warsaw, NIP [tax identification number]: 2090000825, REGON [national business registry number]: 300649197, KRS [company registration number]: 0000287836 for Platinium Wellness sp. z o.o. in Krakow at ul. J. Lea 116 KRS [company registration number]: 0000383004, NIP [tax identification number]: 6772356421, in connection with the execution of payments for □ YES □ NO

 

 

the services provided by Platinium Wellness sp. z o.o. with its registered office in Krakow at ul. J. Lea 116, 30-133 Krakow, KRS [company registration number]: 0000383004, NIP [tax identification number]: 6772356421.
4. Acting as the Customer’s Legal Guardian, I hereby confirm the consent provided by the Customer for the processing of the Customer’s personal data by Platinium Wellness sp. z o.o. with its registered office in Krakow at ul. J. Lea 116, KRS [company registration number]: 0000383004, NIP [tax identification number]: 6772356421, in accordance with Article 6 paragraph 1, item a) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the personal data processing and on the free movement of such data and the repeal of Directive 95/46/EC for marketing purposes, in the period after the expiry of the concluded agreement. 2 □ YES □ NO
5. Acting as the Customer’s Legal Guardian, I hereby confirm the Customer’s consent to receive commercial information via electronic means of communication that is sent to me by or on behalf of Platinium Wellness sp. z o.o. with its registered office in Krakow at ul. J. Lea 116, 30-133 Krakow, KRS [company registration number]: 0000383004, NIP [tax identification number]: 6772356421, within the meaning of the Act of July 18, 2002 on the provision of electronic services (consolidated text Journal of Laws of 2016, item 1030 3

as amended).3

□ YES □ NO
6. Acting as the Customer’s Legal Guardian, I hereby confirm the Customer’s consent to the use of telecommunications terminal equipment of which the Customer is a user (telephone, computer) and automated calling systems for the purposes of direct marketing performed by or on behalf of Platinium Wellness sp. z o.o. with its registered office in Krakow at ul. J. Lea 116, 30-133 Krakow, KRS [company registration number]: 0000383004, NIP [tax identification number]: 6772356421, within the meaning of Article 172 paragraph 1 of the Act of July 16, 2004 Telecommunications Law3 (consolidated text, Journal of Laws of 2016, item 1489 as amended).3 □ YES □ NO
1 Optional consent; if you do not agree, you shall use the Alternate Path, as defined in the Regulations of Smart Gym® Clubs Network.

2 Optional consent, required if you wish to receive the newsletter after the Contract has expired.

3 Optional consent, required if you wish to receive the newsletter during the term of the Agreement or after its expiry (in the case of consent to the processing of data for marketing purposes, after the expiry of the Agreement).

INFORMATION CLAUSE – PERSONAL DATA PROCESSING

The Controller of your personal data and of personal data of the Customer is Platinium Wellness sp. z o.o. with its registered office in Krakow (30-133) at ul. Juliusza Lea 116, entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Krakow, 11th Commercial Division of the National Court Register KRS [company registration number]: 0000383004 (hereinafter referred to as: the “Controller”).

The Controller appointed the Data Protection Officer. In matters related to the personal data processing please contact the Personal Data Officer at: iod@smartgym.club.

Your personal data and the Customer’s personal data shall be processed by the Controller, primarily: 1) for the purpose and scope necessary to perform the concluded agreement pursuant to Article 6 paragraph 1 item b)

 

of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the personal data processing and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation). 2) in order to perform the legal obligation pursuant to Article 6 paragraph 1 item c) of the General Data Protection Regulation, 3). for the purpose of marketing by the Controller of own services, redress or defense of claims or rights of the Controller, in order to counteract abuse by the Customer, to ensure the safety of persons and property of the Controller – pursuant to Article 6 paragraph 1 item f) of the General Data Protection Regulation, 4) for the purposes indicated in the provided consent (for marketing purposes after the conclusion of the agreement, in order to verify the identity and record an Entry to the Club as an authorized person) in the case of a voluntary consent, the data shall be processed pursuant to Article 6 paragraph 1 item a) of the General Data Protection Regulation.

The recipients of your personal data may be entities cooperating with the Controller in the scope of services provided to the Controller (e.g. subcontractor) or supporting the Controller’s current business processes, such as entities providing accounting, legal, debt recovery, marketing, operational and IT services, and supporting payments including entities providing the Controller with IT solutions for Customer Service. The Controller shall neither transfer your personal data nor the Costumer personal data to third countries.

Your personal data and the Customer personal data shall be stored for the duration of the concluded agreement and after its termination, in order for the Controller to exercise the rights and obligations arising from applicable law, including in particular tax regulations, provisions regarding the limitation of claims, in the event of processing personal data under the consent – until it is withdrawn, and in the case of processing personal data pursuant to Article 6 paragraph 1 item f) of the General Data Protection Regulation pending an objection.

You have the right to access your personal data and the Customer personal data, rectify it, delete or limit its processing, the right to object to further personal data processing pursuant to Article 6 paragraph 1 item f) of the General Data Protection Regulation and the right to lodge a complaint to the supervisory authority regarding the personal data protection. You have the right to transfer your data, including the right to receive data and send it to another controller or to request, if technically possible, to send that data directly to another controller.

Providing your personal data contained in the statement and providing the Customer’s personal data is voluntary, but necessary for the performance of the agreement (except for fingerprint biometric data).

 

Legible Legal Guardian’s signature

 

 

 

THE SMART GYM CLUBS NETWORK REGULATIONS

of 6 September 2016

(valid from 25 September 2019)

The Regulations constitute a template within the meaning of Article 384 of the Civil Code. They specify the rights and obligations of people using the services of the Smart Gym Clubs Network.

I.    Definitions

The following terms (in lowercase or uppercase) used in these Regulations shall have the following meanings:

1)     Club Member – a person who uses the services of the Smart Gym Clubs Network and has purchased a Membership Card;

2)     New Club Customer – a person who uses the Club services for the first time or a person who does not have an active Membership Card for the Smart Gym Clubs Network. A New Club Customer can only be a person over 15 years of age who does not have medical contraindications to work out.

3)     Customer – Club Member, a person using a coupon or One-Time Entry entitling to use the Club Services, a person using partner programs, as well as a person using the services of the Smart Gym Clubs Network based on the terms and conditions of promotional or competition actions, or discount codes. The Club Customer can only be a person who is at least 15 years old, who has no medical contraindications to work out.

4)     Club – the Smart Gym Clubs Network or an individual Club.

5)     Club Branches – places where the Club services are provided.

6)     ID – a code enabling Entry and exit from the Club, individually generated by the ICT system of the Smart Gym Clubs Network for the Customer, during registration or at the end of the registration process, based on points selected from the Customer’s finger biometric scan. The ID is not a fingerprint scan or a scan of biometric pattern of the Customer’s finger, it does not allow the reproduction of a fingerprint or a biometric pattern of the Customer’s finger.

7)     deleted

7a) Club Card – the card is issued only to Customers who, during or after purchasing a One-Time Entry or Membership Card, for technical reasons, did not receive an ID that itself allows the Entry into the Club, but who paid a fee for the Club Card in the amount of PLN 10.00 (ten zlotys) gross and based on the Club Card and an ID additionally assigned thereto have Entries into the Club without technical obstacles.

7b) Alternate Path – conditions of using the Club’s services enabling Entry to the Club Branches only during the Club Staff’s presence hours and after prior verification of the Customer’s identity by the Club Staff, without the need to have an ID or Club Card. Using the Alternative Path in connection with the membership assignment is associated with payment of an activation fee of PLN 29.00 (twenty-nine zlotys) gross.

8)     Activation Fee – a non-returnable fee to be paid by the New Club Customer in connection with the membership in the Smart Gym Clubs Network.

9)     Membership Card Suspension/Suspension – a break in the Club’s provision of services and the Customer’s possibility of using its services while maintaining membership. During the suspension of the Membership Card, the Customer has the rights and obligations arising hereunder. The Membership Card Suspension extends the Membership Card validity period by the purchased period or periods of suspension

10)   Website – website with the following address: www.smartgym.club.

11)  Kiosk – an ICT device with applied software, enabling data processing and storage, used to register New Club Customers, to manage an individual Customer account in the ICT system of the Smart Gym Clubs Network and to make payments. Kiosks are located in the Club Branches.

11a)             Online Application – IT system used to service Customers or New Club Customers.

 

12)   Membership Card – OPEN Membership Card and HALF OPEN Membership Card.

 

12a) One-Time Entry – – the Club’s obligation to provide services under the conditions set out in the Regulations after the Customer has paid the price specified in the valid price list entitling the Customer to One-Time Entry to the Club on the date chosen when purchasing that Entry (expiry date of One-Time Entry), while considering that after leaving the Club, another Entry is not possible on the basis of the same One-Time Entry.

12b) OPEN Membership Card the Club’s obligation to provide services under the terms and conditions set out in the Regulations, after the Customer payed the price specified in the applicable price list, entitling him/her to use without restrictions any fitness services and other group classes offered by the Club and access to the Club’s gym for a period of 4 weeks (the OPEN Membership Card does not include the services listed in the Smart Gym® price list). The OPEN Membership Card may be renewed periodically in accordance with the provisions of these Regulations. The OPEN Membership Card is a network Membership Card, i.e. it entitles you to use the services in all the Smart Gym® Clubs Network facilities.

12c) HALF OPEN Membership Card the Club’s obligation to provide services under the terms and conditions set out in the Regulations, after the Customer payed the price specified in the applicable price list, entitling him/her to use without restrictions any fitness services and other group classes offered by the Club and access to the Club’s gym for a period of 4 weeks (the HALF OPEN Membership Card does not include the services listed in the Smart Gym® price list), with the proviso that Entry to the Club must occur from 6 am to 4 pm, while leaving the Club may occur after 4 pm. The HALF OPEN Membership Card may be renewed periodically in accordance with the provisions of these Regulations. The HALF OPEN Membership Card is a network Membership Card, i.e. it entitles you to use the services in all the Smart Gym® Clubs Network facilities.

13)  Club Opening Day – the day on which the Customers who have purchased a Membership Card can fully use the Club’s services for the first time.

14)  Open Days – days on which access to the Club in order to view it and get familiar with the offer is available to all interested persons, both with and without an active Membership Card. The condition of using the Club’s services on Open Days is to leave own personal data on the Kiosk.

15)   Settlement Period – a period for which the Membership Card was purchased.

16)  Membership Card Validity Period – a period equal to the settlement period or a period increased by the time resulting from the Membership Card Suspension.

17)  Call Point – devices located in the Club and appropriately marked, used for contact with security guards performing, to a limited extent, the obligations the Club Staff, enabling reporting events in the Club, and enabling remote opening of the door in the Club in the event of equipment failure.

18)  Legal Guardian – a person exercising parental authority or otherwise caring for a Customer or New Club Customer who is under 18 years of age.

19)  Home Club – the Club Branch, which after August 31, 2017 was selected by the New Customer during his/her registration, or the Club Branch, where before the date of September 1, 2017, the Club Member completed the registration process, and if the registration was not completed, the Club Branch nearest to the Club Member’s place of residence. If it is not possible to determine the Home Club based on the place of residence, the Home Club is another Club Branch chosen by the Club.

20)  Club Staff – Chief Operating Officer of Smart Gym, Club Manager, Smart Assistant or other person dedicated to servicing New Club Customers and Customers.

II.    Membership

1.      The Customers can use the services offered by the Club resulting from the purchased Membership Card or One-Time Entry after registering in the manner specified in the Regulations for the Provision of Electronic Services by the Smart Gym Clubs Network, as well as based on the terms and conditions of

 

promotional or competition actions, or discount codes, in which case the need to register is defined in the terms and conditions of those actions.

2.     The Customer who is under 18 years of age, after starting the registration process via the Online Application or during registration at the Kiosk, shall be obliged to deliver to the Club a statement filled and signed by the Legal Guardian who states that he/she consents to the purchase of the One-Time Entry or Membership Card by the Customer or a New Customer who is under 18 years of age and that he/she bears responsibility for any damage caused by the Customer or a New Customer who is under 18 years of age. The statement referred to in the first sentence constitutes Appendix No. 1 to the Regulations for the provision of electronic services and is available for download on the Website. If those requirements are not met, it shall not be possible to use the services of the Smart Gym Clubs Network by the Customer or a New Customer who is under 18 years of age. In the event of a change of the Legal Guardian, the new Legal Guardian shall be obliged to immediately provide the statements referred to in the first sentence, in person. In the event of a change in the data of the Legal Guardian, the Customer or New Customer who is under 18 years of age shall be obliged to immediately change the contact person’s details on the Website or Kiosk. The Club reserves the right to verify the submitted statements.

3.      deleted

4.     Registration, obtaining an ID or an ID and Club Card, as well as registration of New Club Customers/Customers using the Entry to the Club under the terms and conditions of the Alternative Path are set out in the Regulations for the Provision of Electronic Services by the Smart Gym Clubs Network. The basis of membership in the Club is the Membership Card purchased by the Customer or New Customer. When the Membership Card is activated, the Customer acquires membership in the Smart Gym Clubs Network and can use the recreational and sports services offered.

5.     The Active Membership Card entitles to use the services offered by the Smart Gym Club or Clubs for a period of 4 weeks, in accordance with the valid offer posted on the Website, Kiosk and available in the Club.

6.     The Membership Card validity period begins on the day specified by the Customer during the purchase; however, the Customer may specify the start date of that Period within the first 6 weeks from the date of purchase using the Website or Kiosk. The expiry date of a One-Time Entry is the date determined by the Customer when purchasing that One-Time Entry, whereby the Customer may purchase a One-Time Entry authorizing to the Entry within 24 hours from the date of purchase or may indicate another date of validity of the One-Time Entry in the future, in the period of 6 weeks from the date of purchase of that One-Time Entry (One-Time Entry authorizing to the Entry on the day designated by the Customer, i.e. from 12:00:00 am to 11:59:99 pm).

7.     The date of purchase of the Membership Card or One-Time Entry is the date when the Customer or New Customer has paid in full the fee or fees resulting from the Membership Card or One-Time Entry.

8.     The price list of services provided by the Smart Gym Clubs Network is available at the Kiosk and on the Website.

9.     The purchase of the Membership Card or One-Time Entry or payment of other fees referred to in the Regulations shall occur in advance, using the indicated payment methods accepted by the Smart Gym Clubs Network.

10.  The condition of maintaining the membership and guaranteeing the invariability of the Membership Card prices (maintaining continuity) is to pay for the Membership Card or its Suspension for the next Membership Card Validity Period. The payment for the Membership Card, referred to in the first sentence, should be made during the Membership Card Validity Period or within 14 days from the date of its expiry, and the fees for the Membership Card Suspension – during the Membership Card Validity Period. The Membership Card fee paid on the date indicated in the previous sentence shall be active from the day following the last day of the Membership Card Validity Period.

 

11.    In the event of loss of membership due to interruption of continuity, the purchase of another Membership Card and re-acquisition of membership shall be associated with payment of fees in the amount specified in the price list of services provided by the Smart Gym Clubs Network.

12.    After the expiry of the Membership Card, the Membership Card may be extended by the Customer, maintaining the valid prices for the subsequent Membership Card, as long as the Customer makes the payment for the next Membership Card within 14 days from the date of the previous Membership Card or the Membership Card Suspension during the Membership Card Validity Period. Maintaining the Membership Card validity period is tantamount to the continuation of the Membership Card validity period under the current terms and conditions.

13.    The rights arising from the purchased Membership Card or One-Time Entry are personal and cannot be transferred to other persons.

14.    The Club accepts the partner program membership cards only if the Smart Gym Clubs Network cooperates with entities offering those membership cards and under the terms and conditions resulting from those agreements. Persons who are holders of the membership cards indicated in the first sentence shall be obliged to comply with these Regulations. The Club may, under the terms and conditions set out in the partnership agreement, collect personal data of persons who are holders of the membership cards indicated in the first sentence in order to properly implement the services provided by the Smart Gym Clubs Network.

15.    The Customer shall lose membership in the Smart Gym Clubs Network, in the case of:

1)     failure to pay the Membership Card within 14 days from the date of expiry of the previous Membership Card;

2)     Customer’s resignation from membership;

3)     terminating the membership or the Membership Card by the Club with immediate effect in the event of a breach by the Customer of the provisions of these Regulations, in particular the rules for using the Club services;

4)     termination of the Membership Card by the Club in the event of a change in the prices of services provided at the end of a given settlement period with the Customer’s failure to accept the new price under the terms and conditions set out in the Regulations;

5)     termination of membership or the Membership Card by the Club, with immediate effect, in the event of non-delivery or delivery of false, counterfeit, unsigned or incomplete statements referred to in Section II point 2 of the Regulations;

6)     termination of membership or the Membership Card by the Club immediately if the Customer or a New Customer who is under 18 provides false contact details to the Legal Guard;

7)     closing the account by the Customer;

8)     withdrawal from the services provided by the Smart Gym Clubs Network.

15a.              The loss of membership shall be tantamount to termination of the

Membership Card Validity Period.

16.    The Customer may suspend the Membership Card at any time during the Membership Card Validity Period, in order to maintain membership. The suspension may be reported by the Customer using the Kiosk, and in the case of Club Members with an ID or an ID and Club Card also using the Online Application. The Membership Card Suspension shall result in the membership being maintained in accordance with paragraph 10 above.

17.    The Membership Card Suspension period shall be counted from the day designated by the Customer as the day of commencement of the Membership Card Suspension. If the Membership Card Suspension is not paid, the suspension period shall not start. During the Suspension period, the Customer may not use the services provided by the Smart Gym Club. The Membership Card Suspension period is 4 weeks or a multiple thereof.

18.    The Customer shall pay a non-returnable fee in the amount specified in the price list for the Membership Card Suspension. The Customer may Suspend the Membership Card for another uninterrupted Membership Card Validity Period or a multiple thereof. With each subsequent Membership Card Suspension, the Customer shall pay an additional non-returnable fee in the amount specified in the price list for each subsequent suspension period.

19.    The Customer may unsuspend the Membership Card via the Kiosk or Online Application with the proviso that the Customer using the Alternative Path may suspend or unsuspend the Membership Card and pay for the Suspension

 

only using the Kiosk. If the Membership Card is unsuspended prior to the expiry of the period for which the Membership Card was suspended, the remaining, unused suspension days shall be forfeited and the Customer shall not be entitled to a refund of part of the fee for the unused period of the Membership Card Suspension.

20.    If the Membership Card Suspension is not paid for the next Suspension period or periods, the Membership Card shall be automatically unsuspended after the last suspension period paid has expired.

After unsuspending the Membership Card, the Customer may use the services of the Smart Gym Clubs Network at the same price conditions as when he/she purchased the Membership Card. In the event of a change in the Membership Card price during the Membership Card, the Customer shall not be obliged to make additional payments related to the Membership Card price increase, while the Club shall not be obliged to refund the difference between the price for which the Membership Card has been purchased by the Customer and the new Membership Card price if the Membership Card price is reduced.

21.    The Customer may close the account and resign from the services provided by the Smart Gym Clubs Network with effect on the last day of the Membership Card validity by submitting an email or written order and leaving it to an authorized person at the Club. Closing the account shall be tantamount to resignation from membership in the Club. Closing the account before using the One-Time Entry purchased shall be tantamount to being unable to use that One-Time Entry, and the Club shall not be obliged to refund the price paid for that One-Time Entry, subject to Section IV point 10a of these Regulations.

21a. Changing the Membership Card type (from the HALF OPEN Membership Card to the OPEN Membership Card and vice versa) shall be possible after the expiry of the Membership Card. In the event of changing the type of the Membership Card, the Customer shall switch to another Membership Card of his/her choice for the price specified in the currently applicable price list of services provided by the Smart Gym Clubs Network. Changing the type of the Membership Card after 14 days from the date of the expiry of the last Membership Card shall occur in accordance with paragraph 11 of this Section.

22.    The Customer may resign from the services provided by the Club by submitting such an instruction at the Kiosk, and in the case of the Club Members with an ID or ID and Club Card, the instruction may also be placed using the Online Application, with effect at the end of the Membership Card Validity Period. In that case, the Customer may continue to use the Club’s services for the remaining period of the purchased, unused Membership Card to the last day of the Membership Card validity period.

23.    Each Customer has a Home Club for registration purposes. Customers who purchased membership after August 31, 2017 or purchased a One-Time Entry can choose their Home Club during registration, while the Home Club of the Customers who acquired membership before September 1, 2017 shall be the Club in which the Customer completed the registration process, and if the registration was not completed, the Club Branch nearest to the Club Member’s place of residence. If it is not possible to determine the Home Club based on the place of residence, the Home Club is another Club Branch chosen by the Club. The Club provides for the possibility of changing the Home Club.

III.    Rules for using the Club’s services

1.     The Club’s services shall be used under the terms and conditions set out in these regulations to the extent resulting from the purchased Membership Card or One-Time Entry, the terms and conditions of promotional or competition actions, or discount codes after completing the registration forms using the Kiosk or Online Application and after obtaining the ID or ID and Club Card, or under the terms and conditions of the Alternate Path. Within the Clubs area, separate regulations may apply for the use of designated zones, which may otherwise specify the rules for using these zones. It is stipulated that Customers using the Club’s services under the terms and conditions of the Alternative Path may start using the Club services only during the hours of presence of the Club Staff.

2.     The services offered by the Club are purchased at the Club Branch using the Kiosk or, via the Online Application in the case of Customers using the Club’s services based on the ID itself or the ID and the Club Card.

3.     The Entry to the Club shall be possible:

 

–     in the case of the Customers who have an ID only – by placing a finger used by the Customer during the registration process on the biometric pattern scanner located at the lock or gate enabling the ID to be read by the system and passing through the lock or gate; or

–    in situations where there is no possibility for the Entry on the basis of the ID itself, by placing a finger used by the Customer during the registration process on the biometric pattern scanner located at the lock or gate enabling the ID assigned to this Card additionally to be read by the system and passing through the lock or gate; or

–    in the case of the Customers who use the Club’s services under the terms of the Alternative Path (without an ID) by registering each visit to the Club Branch after logging into his/her Account using the Kiosk, and then positively passing the verification of the Customer’s identity by the Club Staff with his/her identity document. It is stipulated that Customers using the services under the terms and conditions of the Alternative Path may enter the Club only during the presence of the Club Staff.

It is unacceptable to pass through a lock or gate by more than one person at a time, as well as to let other people in using own ID. If the Customer changes the method of Entering the Club during the continuity of the Membership Card Validity Period, an additional fee of PLN 10.00 (ten zlotys) gross may be charged

3a. The Customers who are not the Club Members may use the services provided by the Club on the basis of One-Time Entries, terms and conditions of promotional or competition actions, or discount codes and under the rules set out therein.

4        The Customers using the partner program membership cards may use the Club’s services under the terms and conditions and to the extent specified in the partnership agreements and these Regulations. In the case of Customers using the partner program membership cards, the Entry to the Club shall be possible after verification of the identity by the Club Staff. Entry to the Club Branch by the Customer using partner program membership cards is possible only during the hours when the Club Staff is present.

5        The information about the opening hours of the Club Branches and the presence of the Club Staff there shall be provided on the Website and in the Clubs. The Club may be closed for the time necessary to perform the necessary renovations or sanitary procedures, to remedy failures, and also on the basis of the decision of the relevant authorities, due to force majeure and in other justified cases. The Customer shall be notified about the need to close or limit the time of service provision 7 days before the planned day of closing the Club. In emergencies, the Customer shall be notified immediately of the need to close the Club.

6.       The Club Staff may verify the Customer’s age or identity with the Customer’s ID document if they have reasonable doubts about the Customer’s age or identity. In the event that, as a result of verification, it turns out that the person staying in the Club Branch to which the verification relates is not a Customer or is not the person indicated as the Membership Card holder, the Club Staff may order that person to leave the Club Branch. The Club may also terminate the membership or the Membership Card immediately.

7.       The Customer should use the premises and equipment of the Club in accordance with their intended use, taking into account the rules set out in these regulations, as well as resulting from relevant instructions or information contained in the Club or provided orally by the Club Staff. The Customer should do the workout on individual devices in a manner consistent with the intended use of the equipment, with the instructions included on the equipment, adapting the type and intensity of the workout to his/her capabilities and health. When using the workout equipment, the Customer should follow the instructions of the Club Staff. The Customer may at any time ask the Club Staff, if the Club Staff is available, to provide information on how to use individual devices. A Customer whose health condition

 

does not allow to do workout or participate in classes should refrain from doing the workout and participation in those classes. The Club shall not be liable for damages arising from non-compliance with the provisions of the Regulations, improper use of equipment, non-compliance with the instructions of the Club Staff and doing the workout by the Customer whose health condition does not allow for doing the workout.

7a. The Customer, beyond the obligations set out in paragraph 7 above, shall be obliged to use equipment and devices

located in the Club only in the areas designated for the use of a given type of equipment. It is forbidden to move equipment or devices as well as their elements in other areas than the ones specified by the Club or Club Staff as well as throwing equipment other than bumper loads and balls.

7b. The Club employees do not have medical education. In order to obtain the information on the possibility of

using the Club services, including doing individual workout or participating in individual classes, and about the lack of contraindications to attend the Club, a person interested in the Club services, a New Club Customer and Customer should consult a doctor and perform appropriate medical examinations.

8.      In the event of deterioration of well-being or injury during classes, the Customer should stop doing the workout and immediately report that fact to the instructor, trainer or other Club Staff or use the Call Point. In case of the Customers who are under 18 years of age, the Club may inform his/her Legal Guardian about that situation.

9.      The organized classes occur according to a set schedule made available at the Club or on the Website. Due to the limited number of places in the organized classes, the Club reserves the right to make attend the classes to person selected considering the order in which they arrived. In the case of organized classes, a Customer who is late to the organized classes may not be admitted to those classes.

10.   The Club reserves the right to change the schedule of the organized classes, delete the organized classes and to change the person conducting the classes, the information about which shall be immediately posted on the Website and in the Club. Those changes shall not constitute an amendment to the Regulations or the scope of services provided by the Smart Gym Clubs Network.

11.   Doing workout shall only be possible in a suitable sports outfit, including closed-type changeable sports shoes. The Customer should have his/her own towel with him/her.

12.   It is strictly forbidden to smoke, possess and consume alcohol, possess and take narcotics and drugs, arrive in a state of intoxication or under the influence of drugs, and bring dangerous tools and objects in the premises of the Club Branches. Persons whose condition indicates a reasonable suspicion of violating the provision referred to in the first sentence may be asked to leave the Club Branch.

13.   It is forbidden to record the image and sound on the premises of Club Branches without the prior Club or Club Branch Manager consent.

14.    It is forbidden to bring animals to the Club Branches.

15.   The Customers should maintain peace and order in the Club’s facilities and allow other Customers to freely use the Club services.

16.   The Club is not be allowed to advertise, sell goods or services of external entities without the prior consent of the Club Manager.

17.   The Club’s cloakroom shall be equipped with padlock lockers. The Customer can bring his/her own padlock or buy a padlock at the Club.

18.   The Customer should leave his/her belongings in the cloakroom intended for that purpose, in the locker closed with a padlock belonging to the Customer.

19.   The Customer shall be obliged to exercise due diligence in closing the locker after placing his/her belongings there. In the event of the locker malfunctioning, the Customer should immediately inform the Club Staff about it, otherwise the Club shall not be responsible for the items left in the locker.

 

 

20.    After the use of the Clubs services on a given day, the Customer shall empty the locker of his/her belongings and take his/her padlock or leave it in the Club in a place intended therefore.

21.    The Club shall not be responsible for items left by the Customer in the cloakroom or on the premises of the Club outside the locker locked with a padlock and for a damaged padlock in the case referred to in paragraph 22.

22.    The Lockers shall be emptied every day by the Club Staff at night. If it is not possible to find at the Club a Customer who left his/her belongings in the locker, the padlock shall be cut and the Customer shall not be entitled to a refund of the padlock costs. The items left in lockers shall be deposited in the Club Branch for a period of 2 weeks. After that time, the items shall be stored in the Club’s warehouse. In the case of food or perishable items, the Club shall have the right to dispose them of.

22a.              The leaving of the Club occurs using devices to leave the Club.

For technical reasons, another Entry to the Club shall be possible after 3 hours from the last Entry thereto.

23.    In the absence of the Club Staff in the event of a failure of the devices used to leave the Club, the Customer may use the Call Point located at the exit of the Club, which shall allow contact with the Club Staff and emergency leaving of the Club.

24.    In the event of a threat to life or health, the Customers may use the Call Points located on the Club premises, which shall enable reporting the threat to life or health of persons or property of Customers or the Club.

25.    Personal trainers may conduct training sessions on the Club premises provided that they and their Customers have a Membership Card, One-Time Entry or partner program cards accepted by the Club. A person conducting a paid or free personal training in the Club Branches shall be liable for any damage to a person who does workout under his/her supervision or management.

26.    The personal trainers referred to in Section 25 above before starting the training, shall be required to check the condition of the device, its correct operation and the condition of the surface with the use of which they intend to conduct personal training. If any irregularities are detected, the personal trainer shall be obliged to refrain from using those devices or surfaces and to stop conducting training using them and to immediately inform the Club Staff about any irregularities.

IIIa. Personal Data

1.      The Controller of the Customer personal data is Platinium Wellness sp. z o.o. with its registered office in Krakow (30-133) at ul. Juliusza Lea 116, entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Krakow, 11th Commercial Division of the National Court Register KRS [company registration number]: 0000383004 (hereinafter referred to as: “Controller”).

2.      The Controller appointed the Data Protection Officer. The Controller indicates the contact details appropriate in matters related to the personal data processing: iod@smartgym.club.

3.      The Customer’s personal data provided in connection with the conclusion of the Agreement in the manner specified in the Regulations shall be processed by the Controller, primarily: (i) for the purpose and scope necessary to perform the concluded Agreement pursuant to Article 6 paragraph 1 item b) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation). (ii) to comply with a legal obligation pursuant to Article 6 paragraph 1 item b) of the General Data Protection Regulation, and (iii) for the purpose of marketing by the Controller of own services, redress or defense of claims or rights of any of the Controllers, in order to counteract abuse by the Customer, to ensure the safety of persons and property of the Controller – pursuant to Article 6 paragraph 1 item f) of the General Data Protection Regulation.

 

 

4.      If the Customer grants, in connection with the conclusion of the Agreement, a voluntary consent to the processing of biometric personal data (fingerprint data), that data shall be processed by the Controller pursuant to Article 6 paragraph 1 item a) of the General Data Protection Regulation in order to verify the Customer’s identity and record Entry to the Club as an authorized person.

5.      If the Customer grants a voluntary consent to the personal data processing for the purpose of sending the newsletter or for marketing purposes after the expiry of the agreement, the given data shall be processed for those purposes on the basis of a consent granted – pursuant to Article 6 paragraph 1 item a) of the General Data Protection Regulation. If the Customer grants, in connection with the subscription to the newsletter or the conclusion of the Agreement, a voluntary consent to the transmission of commercial information by electronic communication means or consent to the use of telecommunications terminal equipment of which the Customer is a user (telephone, computer) and automated calling systems, the above-mentioned communication channels shall be used by the Controller for the marketing of own services – sending the Newsletter to the Customer.

5a. If the Customers agrees to make purchases in the Online Application without the need to provide payment card data each time, the data provided shall be processed pursuant to Article 6 paragraph 1 item a) of the General Data Protection Regulation.

6.      The recipients of the Customer personal data may be entities cooperating with the Controller in the scope of services provided to the Controller (e.g. subcontractor) or supporting the Controller’s current business processes, such as entities providing accounting, legal, debt recovery, marketing, operational and IT services, entities providing the Controller with IT solutions for Customer Service, entities providing payment services and entities providing technical services supporting payment services.

7.      The Controller shall neither transfer the Costumer personal data to third countries.

8.      The Customer personal data shall be stored for the duration of the concluded agreement and after its termination, in order for the Controller to exercise the rights and obligations arising from applicable law, including in particular tax regulations, provisions regarding the limitation of claims, in the event of processing personal data under the consent – until it is withdrawn, and in the case of processing personal data pursuant to Article 6 paragraph 1 item f) of the General Data Protection Regulation pending an objection.

9.      The Customer has the right to access his/her personal data, rectify it, delete or limit its processing, the right to object to further personal data processing pursuant to Article 6 paragraph 1 item f) of the General Data Protection Regulation, the right to transfer personal data and the right to lodge a complaint to the supervisory authority regarding the personal data protection.

10.   Providing personal data by the Customer in the process of concluding the Agreement is voluntary, but necessary for the performance of the Agreement (this shall not apply to biometric data, in the form of fingerprint data referred to in paragraph 4 above, as well as the data referred to in paragraph 5 and 5a above).

11.    To ensure the safety of people staying in the Club, the Club is monitored by cameras recording images. The monitoring recordings may only be used for purposes related to the safety and protection of persons and property of the Club pursuant to Article 6 paragraph 1 item f) of the General Data Protection Regulation. Personal data in the form of an image recorded on the recordings shall be stored for a period of no more than 33 days, unless the recordings constitute evidence in the proceedings or the Controller has become aware that they may constitute evidence in the proceedings – then that deadline shall be extended until the final completion of the proceedings. Entry to the Club is voluntary, but results in the personal data processing in connection with the use of video monitoring.

 

IV.    Final Provisions

1.     Any amendments to these Regulations and the price list shall require, for their validity, to inform the Customers by placing information on the Website and sending that information to the Customers by email sent to the email address provided during the registration. In that case, the Customer shall have the right to resign from the Membership Card without notice, with effect on the last day of the Membership Card. If the Customer does not accept the amendments resulting from the change in the price of the Membership Card, the Membership Card shall not be automatically renewed if the automated renewal was to occur in connection with the consent for automated cyclical payments. If the Customer does not exercise his/her right to cancel the Membership Card, it is considered that the Customer has accepted the amendments to the Regulations.

2.     The Club may terminate the terms and conditions of services provided by the Smart Gym Clubs Network at the end of the Membership Card validity period in the event of a change in the prices of services provided. The Customer shall be notified of the termination of the terms and conditions of services by email sent to the Customer’s email address indicated during his/her registration and on the website. The Customer can then accept the new price and extend the membership at the new price without incurring other additional fees or cancel the services provided by the Club. If the terms and conditions of service are terminated and the new price is not accepted, the Customer shall lose membership at the end of the Membership Card validity period.

3.     All comments and complaints about the work of the Club Branches and their service, complaints about the quality of services provided and other complaints or, applications and complaints may be submitted by the Customers or New Customers in writing and provided to the Club Manager at the Club Branch or sent to the following address: Smart Gym, ul. Juliusza Lea 116, 30-133 Krakow with the note “Complaint”. Complaints or applications should include the first name and last name of the Customer or New Customer, description of the case and correspondence address or email address to which the Club should respond, under pain of being unable to answer the complaint or application. Answers to complaints, and applications shall be provided in writing to the correspondence address indicated in the complaint or application or by email to the email address provided. The Club shall inform the Customer or New Customer about the refusal to accept a complaint and grounds for it by sending a message to the email address provided by the Customer or New Customer or to the address for service indicated in the course of submitting the complaint.

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

1)    request the Province Trade Inspection Inspector to initiate out-of-court dispute settlement proceedings;

2)    refer the case to a permanent arbitration court attached to the Province Trade Inspection Inspector;

3)    refer the case to the municipal or district consumer ombudsman or a social organization, whose statutory tasks include consumer protection, including Consumer Federation.

3b. The Club owner informs that at http://ec.europa.eu/consumers/odr the following platform is available

of the online dispute resolution system between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive website through which the consumer may submit a complaint regarding contractual obligations arising from an online sales agreement or an agreement for the provision of services concluded between consumers residing in the European Union and entrepreneurs having their registered offices in the European Union.

 

3c. Use of the available out-of-court means of dealing with complaints and redress

is possible after the complaint procedure is completed and is voluntary – both parties must agree to the proceedings.

3d. Detailed information on out-of-court complaint and redress consideration methods, as well as

rules for access to those procedures are also available, among others at the following addresses: www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php;

www.uokik.gov.pl/wazne_adresy.php, and at www.uokik.gov.pl a list of institutions dealing with out-of-court settlement of consumer disputes is available, along with information on the type of cases that individual entities deal with.

3e. Website address of the Provincial Inspectorate of Trade Inspection in Krakow http://www.krakow.wiih.gov.pl/. The list of all provincial inspectorates of the Trade Inspection and permanent arbitration courts together with their website addresses is available atwww.uokik.gov.pl/wazne_adresy.php.

4.      The owner of the Smart Gym Clubs Network is Platinium Wellness Spółka z ograniczoną odpowiedzialnością with its registered office in Krakow, ul. Juliusza Lea 116, 30-133 Krakow, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Krakow, 11th Commercial Division of the National Court Register, KRS [company registration number]: 0000383004, NIP [tax identification number]: 6772356421, REGON [national business registry number]: 121499796,

5.      deleted

6.      deleted

7.      deleted

8.      deleted

9.      The Customer who is a consumer shall have the right to withdraw from the services provided by the Smart Gym Clubs Network without giving a reason in the event of:

1)     distance purchase, i.e. using the Online Application of the first Membership Card as part of an started membership, within fourteen days from the date of its purchase;

2)     distance purchase, i.e. using the Online Application of the One-Time Entry, within fourteen days from the date of its purchase, subject to Section 11 below.

10.   In order to withdraw from the services provided by the Smart Gym Clubs Network, the Customer should submit a Statement of withdrawal prepared in accordance with the template which is included in Appendix No. 1 to the Regulations. The Customer may submit a written statement on withdrawal from the services provided by the Smart Gym Clubs Network and deliver it by post or in person to the following address: Platinium Wellness Sp. z o.o., ul. Juliusza Lea 116, 30-133 Krakow.

10a.              In the event of a statement of withdrawal from the services provided by the Smart Gym Clubs Network, the reimbursement of payments shall be made using the same method of payment that was used by the Customer, unless the Customer expressly agrees to another payment method that is not associated with any costs.

Within 14 days from the date of receipt of the statement on withdrawal from the services provided by the Smart Gym Clubs Network, the Club shall reimburse the Customer the amount due, however, in the event of entry into force of the Membership Card, at the express request of the Customer, before the deadline to withdraw from providing services, the amount shall be calculated proportionally to the duration of the Membership Card.

11.   The right to withdraw from the services provided in the scope of a One-Time Entry shall not be granted if the One-Time Entry is performed by the Customer before the deadline to withdraw from services provision. After purchasing the Membership Card or One-Time Entry, the Customer may download an invoice via the Website. The invoice shall also be sent to the Customer’s email address provided during registration.

 

12.  In order to exercise the rights set out in the Regulations, the authorized person may at any time contact the owner of the Clubs Network via:

1)     traditional mail to the following address: Platinium Wellness Sp. z o.o. with its registered office in Krakow, ul. Juliusza Lea 116, 30-133 Krakow;

2)      email address: bok@śmartgym.club

 

Appendix No. 1 to the Regulations – Statement

 

 

 

Platinium Wellness sp. z o.o.

Juliusza Lea 116

30-133 Krakow

STATEMENT

on withdrawal from the services provided by the Smart Gym Clubs Network

 

 

I, the undersigned, …………………………………………. (first name and last name), residing in …………………………….

………………………………………………………. (address) declare that pursuant to Article 27 of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended) I resign from services provided by the Smart Gym Clubs Network

covered by the Membership Card/One-Time Entry I purchased on……………………………………….

 

 

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

                                                                                                                                              date

……………………………………….

signature

 

FILES TO DOWNLOAD:

Current version:

  • The Smart Gym Clubs Network Regulations – download
  • Regulations fot the provision of electronic services by the Smart Gym Clubs Network – download
  • File 1: Regulations – Legal Guardian Statement – download
  • File 1: Statemnt – on withdrawal from the services provided by the Smart Gym Clubs Network – download

 

 

Archived:

  • Rules for the provision of electronic services through the Smart Gym club network  – download
  • Rules of the Smart Gym club network – download