Terms of Service for GymHub.bg
Identification
The activity through this website is carried out by:
"Gym Hub" Ltd., Unified Identification Code (EIC) 208540609
Registered office and management address: Sofia, postal code 1606, Krasno selo district, Kriva reka area, 19 "Yakov Kraikov" str., floor 3, ap. 5
Email: support@gymhub.bg
General Terms and Conditions of gymhub.bg
These General Terms and Conditions of Use (hereinafter referred to as the "General Terms and Conditions") regulate the relations concerning the provision of services offered to Users through the website https://www.gymhub.bg/, as well as through all related web applications and mobile applications, owned by "Gym Hub" Ltd., EIC: 208540609 (hereinafter referred to as the "Company"), with email address for correspondence: support@gymhub.bg
The gymhub.bg Platform is used exclusively on the basis of these General Terms and Conditions and exclusively for commercial purposes. Different terms are not applicable, even if the Company does not explicitly object to their validity.
OBJECTIVES
1. gymhub.bg is an online platform that enables the receipt of standardized and/or individually developed training programs, dietary regimens, and personal consultations from the professional bodybuilder and former competitor Boyan Ivanov.
GENERAL PROVISIONS. KEY CONCEPTS.
2. The services presented on the site are organized in different packages and are presented in detail. They are provided in accordance with these General Terms and Conditions.
3. "User" within the meaning of these General Terms and Conditions is any capable natural person who concludes a contract for their own needs.
4. "Site / website" means an internet resource expressed in files, programs, text, sound, picture, image and/or other materials.
5. "Direct marketing" – advertising or other messages for the offering of goods and services, sent via email, telephone or another direct method, sent to the User only after explicit consent has been obtained.
6. Prior registration by users is not required for the use of this site. A regime of free access to the site is established. Concluding a contract for the use of a service through the site requires compliance with the procedure described below, related to the provision of personal data.
7. These General Terms and Conditions and the Privacy Policy are published on the gymhub.bg website and are considered accepted by the User by the fact of entering the site, and regarding the conclusion and execution of the contract - by activating the special option related to a payment obligation. If you do not agree with this, please leave the website.
8. The offered services are intended solely and exclusively for end consumers. Their use by trainers and other competitors is inadmissible, including under a false identity. Upon detection of such cases, the Company has the right to immediately terminate the contract and claim compensation for damages, without being obliged to refund received amounts.
ACCESS TO THE SITE. SELECTION OF SERVICE. CONCLUSION OF CONTRACT.
9. By entering the website, the User has the opportunity to familiarize themselves with the services and packages offered by the Company, as well as with the prices of the services and packages, and to obtain full information about the Company.
10. In order to use the services provided by the Company, the User must conclude a contract in the manner provided on the site and described in these General Terms and Conditions. Part of the materials on the site are publicly accessible and do not require the conclusion of a contract for them.
11. Each User is obliged to provide a valid email address for correspondence and a contact telephone number and to give their consent that any future correspondence (exchange of electronic written documents, notifications, SMS, and others) between them and gymhub.bg will be carried out electronically to the specified email address and telephone number.
12. The User guarantees that the data provided during the registration process is accurate, complete, and correct and, in case of changes, will update it in a timely manner. In case of provision of incorrect data, gymhub.bg is not responsible for non-performance of its obligations and has the right to immediately and without notice terminate the maintenance of the User's registration or to edit the information upon provision of correct data.
13. Users select a suitable package for them from the options offered on the site, activate the "Buy Now" field, then enter their personal data and select a payment method, accept through an active action these General Terms and Conditions, the Privacy Policy and the Cookie Policy, and also declare through an active action that they are aware that their legal right of withdrawal from the contract is extinguished upon full provision of the service. In this way, the Users make an electronic statement within the meaning of the Electronic Document and Electronic Trust Services Act, by virtue of which they declare that they are familiar with these terms, accept them and undertake to comply with them. This action constitutes a declaration of will which binds with the force of an offer sent by the User to the Provider and leads to the conclusion of a contract in accordance with the provisions of the Obligations and Contracts Act (ZZD).
14. At any moment before sending the order, the User can remove a selected service from the form and add another one. Users have the right to correct errors in the input of information no later than sending the declaration for conclusion of the contract.
15. It is presumed that electronic statements made by Users on the site are made by the persons indicated in the data provided by the User during registration.
16. The Provider immediately confirms the receipt of the User's statements by sending a confirmation to the User's email with the content required by law.
17. Users conclude with the Provider a contract for the provision of the services selected by them. The contract is considered concluded upon payment of the price. The contract is concluded in the Bulgarian language and is stored in the Provider's database.
18. The services will be provided online in the manner provided in gymhub.bg and within the specified timeframes. The order does not bind the Provider if the User has not provided current contact data in it, as well as if the User cannot be reached via the provided contact means. In this case, prepaid amounts are not subject to refund.
19. Generally, within 48 hours of the conclusion of the contract, the Company will contact the User to schedule an individual online consultation with Boyan Ivanov, during which the client's desires and goals will be discussed. During the consultation, Boyan Ivanov may request data on his health status and other information necessary for the preparation of the training and dietary regimen. The training and dietary regimen will be prepared within 96 hours of providing this information.
20. The User is fully responsible for safeguarding their registration profile, as well as for all actions performed by them or by a third party using the registration profile.
PACKAGES, PRICES, PAYMENT METHOD.
21. The site presents various package services. The selection of a specific package is made at the discretion of the User. The prices of the offered packages are those indicated on the site at the time of concluding the contract for the provision of the service, except in cases of obvious error. The prices of the services include VAT, in cases where its accrual is provided. Discounts on the prices of the provided services (discount codes, promotions, etc.) are valid only for the indicated period. The Company reserves the right to change at any time and without notice the content and/or prices of the offered packages, with changes applying prospectively.
22. The Company may provide discounts for the packages and services offered on the platform, in accordance with Bulgarian legislation and rules determined by the Company. The rules applicable to such discounts are available at the place where the discount is shown. Discounts can be provided in various forms (e.g., promotions, loyalty discounts, provided individually, on a random basis, or as a result of participation in a competition or customer survey).
23. The User can pay the price of the service with a bank card or through another method of remote payment provided on the site.
TERMS OF USE OF THE gymhub.bg SITE.
24. The General Terms and Conditions for the use of the gymhub.bg page are part of the content of the contract that each User concludes with the Company, in its capacity as the owner of the site.
25. The binding nature of the General Terms and Conditions applies both to the current configuration of the site and to all changes made to it in the form of additional modifications, removals, or additions of new links, sections, functionalities, and others.
26. The Company reserves the right to unilaterally change, modify, and supplement these General Terms and Conditions, the Personal Data Protection Policy, and the Cookie Policy, without being obliged to explicitly notify the User. All changes to the General Terms and Conditions, the Personal Data Protection Policy, and the Cookie Policy introduced by the Company will be published on the site and every User has free access to them. The changes take effect immediately after their publication. It is the User's responsibility to familiarize themselves with the General Terms and Conditions, the Personal Data Protection Policy, and the Cookie Policy before each use of gymhub.bg.
27. If the User explicitly states that they reject the changes by duly submitting a written notification to the email address support@gymhub.bg, it is considered that the contractual relations between the parties are terminated and the Company has the right to deactivate or delete the User's profile, unless the Company and the User sign a contract, agreement, or another type of document that takes precedence over these general terms and conditions.
28. The Company may change or discontinue any element or feature of the site at any time.
29. The Company is not responsible for any losses, direct or indirect damages, lost profits resulting from changes to the terms and services, as well as from any other changes to the content of the site.
30. The Company has no obligation to control the manner in which the User uses the provided services and is not responsible for the purposes and activity of the User in connection with the use of the services. The Company has no obligation to monitor information stored on the Site's servers or made accessible when providing the services, nor to seek facts and circumstances indicating non-fulfillment of given recommendations or the performance of unlawful activity by the User through the use of the services.
31. The Company has the right to collect and use user information for the purposes of direct marketing (after prior given consent), statistical purposes, for promotions, for organizing raffles, inquiries, surveys, by providing information about the site's traffic to advertisers / advertising agencies or third parties that keep statistics on clicks and other actions of Users on their advertising banners and links, to prepare internal statistics and others. The provided information is pseudonymized and it is not possible to identify the specific User (anonymization).
32. The Company has the right, but not the obligation, to unilaterally and without notice terminate the access to the provided services of a User who does not comply with their obligations under these General Terms and Conditions, the Privacy Policy, and good morals.
33. All rights reserved. The entire information system, resources, and materials of the site are subject to protection under the Copyright and Related Rights Act and are owned by the Company and/or Boyan Ivanov. Intellectual property also includes the trademarks, signs, photos, and texts published on the site. They cannot be used without the prior consent of the Company.
34. Notwithstanding the above, the User has no right to remove the trademarks and indications of belonging to another intellectual property right from the materials accessible to them, regardless of whether the holder of the respective rights is the Company or another person. The User's right of access does not include the right to copy or reproduce information and to use objects of intellectual property, unless it concerns insignificant in volume information intended for personal use, provided that the legitimate interests of the holders of intellectual property rights are not harmed and provided that the copying or reproduction is done for the purpose of personal use.
35. The Company makes every effort to maintain the site in good technical condition, to maintain accurate and correct content, without this excluding the possibility of occasional objective discrepancies or omissions. The Company does not guarantee that the provided services are unaffected by computer viruses and malicious attacks by third parties that disrupt the normal operation of computer systems. The Company is not responsible for the consequences, including possible damages (to software, hardware or telecommunications facilities and/or for loss of data), caused by or related in any way to the access, use or inability to use this site. All information on the site is provided in accordance with the applicable Bulgarian legislation.
36. The User and the Provider agree that all statements between them in connection with the conclusion and execution of the service contract may be made electronically and through electronic statements within the meaning of the Electronic Document and Electronic Signature Act and Art. 11 of the Electronic Commerce Act.
37. When exercising rights under the contract, the User is obliged to indicate precisely and unambiguously the contract and the service regarding which they are exercising the rights.
WITHDRAWAL FROM CONTRACT
38. On the basis of Art. 57, para. 1 of the Consumer Protection Act, Users do not have the right of withdrawal from a distance contract after the services have been provided to them. Until the moment of provision of the services, users can withdraw from the contract by sending an explicit declaration of withdrawal to the Company. It is recommended that the declaration of withdrawal be sent by email or to the management address of the Company. The User may, but is not obliged to, use the standard withdrawal form, which is an appendix to these general terms and conditions.
RISKS. EXECUTION INSTRUCTIONS. LIABILITY
39. The User is obliged, before the provision of the service, to notify the Company of the existence of health problems, pregnancy, or other circumstances that must be taken into account when preparing a training and/or dietary regimen.
40. The Company provides the services, exercising the necessary professional care, but cannot guarantee the achievement of every result expected by the User. The set goals are indicative and are based on knowledge and experience. They are influenced by a number of individual factors that cannot always be foreseen. Achieving the goals requires full cooperation and strict adherence to the programs and advice by the Users.
41. The Company reserves the right, if necessary, to engage external specialists for the provision of part of the services.
42. The Company and Boyan Ivanov are not responsible for injuries, harm, and discomfort resulting from the use of the services, caused by inattention, incorrect execution of exercises, undeclared health problems, overestimation of physical strength and/or endurance of the body, hasty execution of exercises, non-compliance with recommendations, and similar.
43. The services offered by the Company are not intended for diagnosing, therapy, treatment, or prevention of any diseases. If you have a health problem, seek advice from a medical specialist.
44. The Company is not liable to the User for:
- losses, lost profits, and other damages caused to the User as a result of their use of the Company's services;
- inability of the User to use the services, except in cases where it is caused solely by the fault of the Company;
- claims from third parties against the User in connection with or on the occasion of the use of the services.
45. The Company takes care that the information on the platform is always kept accurate and up-to-date, but does not guarantee the reliability and completeness of the content and does not commit to deadlines for updating the information. The Company has no obligation and does not guarantee that the provided services will satisfy the User's requirements. By accepting these General Terms and Conditions, the User declares that the use of the provided services will be entirely at their own risk and responsibility, and the parties agree that the Company is not liable for any damages caused to the User when using the provided services, unless they are caused by the Company intentionally or through gross negligence.
46. The Company is not liable in case of impossibility to provide the services due to circumstances beyond its control - cases of force majeure, accidental events, problems in the Internet and in the provision of services beyond the control of the Company, as well as in case of unregulated access or intervention by third parties in the functioning of the information system or server.
47. The Provider is not responsible for damages from comments, opinions, and publications under the articles on the site.
48. The Provider is not responsible in case of circumvention of the security measures of the technical equipment and the subsequent loss of information, dissemination of information, access to information, restriction of access to information, and other similar consequences.
49. The Provider is not responsible in case of conclusion of a contract, provision of access to information, loss or modification of data occurred as a result of false legitimation by a third party who presents themselves as the User, if from the circumstances it can be inferred that this person is the User.
50. The Provider is not responsible:
- for actions performed through or on the website by Users, including through unauthorized access to it.
- for damages suffered and lost profits arising in connection with the use, access, content, or reliability of information on other websites and resources to which the Provider provides hyperlinks through the website.
- for direct, indirect, incidental, consequential damages arising from the inability to use the website or parts thereof due to technical reasons.
TERMINATION. APPLICABLE LAW. MISCELLANEOUS.
51. The relations between the parties are also terminated under the following circumstances:
- expiration of the agreed term for the provision of the services;
- cessation of the activity of the Company, owner of the platform, or termination of the maintenance of the platform;
- unilaterally by the Company by discontinuing the access to the platform of a User, entirely at the discretion of the Company;
- mutual agreement of the parties for termination;
- other cases provided for in these General Terms and Conditions;
- other cases provided for by law;
52. Any potential dispute between the Company, owner of the platform, and the Users shall be resolved by mutual agreement. If it is impossible to reach such an agreement, the dispute shall be resolved by the competent courts in the Republic of Bulgaria. The Company falls within the scope of the general conciliation commissions at the Commission for Consumer Protection as a body for alternative dispute resolution - https://kzp.bg/bg/pomiritelna-komisiya.
53. It is forbidden to use the site for the purpose of advertising or any other form of attracting clients without the written permission of the Provider.
54. In case of contradiction between these general terms and conditions and stipulations in a special contract between the Provider and the User, the clauses of the special contract shall prevail.
55. The potential invalidity of any of the provisions of these general terms and conditions or of individual clauses thereof shall not lead to the invalidity of the entire contract concluded with the User.
56. For issues not regulated in this contract, related to the performance and interpretation of this contract, the laws of the Republic of Bulgaria shall apply.
Appendix No. 1 - Standard form for exercising the right of withdrawal from the contract
Standard form for exercising the right of withdrawal from the contract:
(fill out and send this form only if you wish to withdraw from the contract)
To ("Gym Hub" Ltd., Sofia, postal code 1606, Krasno selo district, Kriva reka area, 19 "Yakov Kraikov" str., floor 3, ap. 5, e-mail support@gymhub.bg):
– By this, I/we* notify that I/we* withdraw from the contract concluded by me/us* for the provision of the following service*
– Ordered on*
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if this form is on paper)
– Date
------------------------------------------------------
* Delete as appropriate.