For the provision of counseling and online yoga classes
This offer is addressed to customers who meet the conditions set forth in this offer and is an official public offer of OÜ COACH ME YOGA, registration code of the commercial register 16149230, address A. Puškini 49-8, 20609, Narva, Estonia to conclude an agreement for the provision of counseling services and services for online yoga classes. The contract is considered to be concluded and takes effect from the moment of the Customer’s actions, provided by this Offer, which means the Customer’s unconditional acceptance of all conditions of the Offer without any exceptions or limitations, on the terms of adhesion.
1. Terms and Definitions:
1.1 Agreement – An agreement for the provision of consulting services and online yoga classes on the Site of the Service Provider, entered into by accepting this Offer by the Client.
1.2 Websites – COURSES.YOGA, WORKOUTS.YOGA
1.3 Service provider – OÜ COACH ME YOGA, commercial registry code 16149230, address: A. Puškini 49-8, 20609, Narva, Estonia
1.4 Customer – a capable individual who has reached the age of 18 (eighteen) years and has accepted the terms of this Offer, or a legal entity whose employees use the services of the Service Provider.
1.5 The offer – this public offer.
1.6 Services – carrying out online yoga classes and consultations, provided by the Service Provider to the Client, according to the selected course on the Website.
1.7 Course – this is a thematic set of activities consisting of consultations, methodological materials, as well as practical and theoretical yoga classes.
1.8 Class – a yoga exercise or a practical set of exercises
2. Order of acceptance of the Offer, subject matter of the Agreement
2.1 This Offer is an integral part of the Agreement, determines the order of rendering the Services, as well as regulates relations between the Service Provider and the Customer (hereinafter – the parties), arising during the execution of the Agreement. The Offer is available for review on the Websites of the Service Provider.
2.2 The agreement between the parties is concluded by the Client’s acceptance of this Offer. The acceptance of the offer is the payment by the Customer in full of the cost of the Services in accordance with the selected rate. The moment of payment is the receipt of the amount in payment for the cost of Services in accordance with the selected by the Customer rate in full or in part to the cash desk or to the account of the Service Provider.
2.3 By accepting the terms of this offer, the Customer unconditionally agrees to the terms of the public offer.
2.4 During the term of the Agreement, the Service Provider undertakes to provide Services to the Customer in the manner and on the terms and conditions provided for in the Agreement.
2.5 The list of types of Services, cost, terms and format of their provision are indicated on the Websites of the Service Provider. The Client agrees that the Service Provider has the right to unilaterally make changes and additions to the Offer and / or cost and / or terms and / or format of the Services. The Service Provider shall notify the Customer about changes in the Offer and/or cost and/or terms and/or format of the Services provision by posting the text of changes in the new version of the Offer and/or cost and/or terms and/or places of the Services provision on the Websites of the Service Provider. Any changes in the Offer and / or cost and / or timeframe and / or place of provision of the Services shall become binding on the parties from the date of their placement on the Websites of the Service Provider, unless a different effective date is specified in the Offer or the text of changes.
3. Rights and obligations of the parties to the Agreement
3.1 The Service provider is obligated to:
3.1.1 Ensure the provision of Services to the Customer, provided that the latter complies with the provisions of the Offer.
3.1.2 After the Client has paid the cost of the Services in full or in part (in case of provision of installments) to activate his access to the purchased Course or Class.
3.1.3 Publish official messages related to the provision of the Services on the Websites of the Service Provider.
3.2 The service provider has the right:
3.2.1 Demand a medical certificate about the health status of the Client, on the basis of which a decision about the possibility (impossibility) to provide the Services is made. In case of non-compliance of the Client’s state of health to the necessary level that allows the Service Provider to ensure the safety of the Client (assessed by the Service Provider’s representatives independently), the Service Provider has the right to unilaterally extrajudicially withdraw from this Agreement.
3.3 Customer is obligated to:
3.3.1 Observe the terms of the Contract and safety regulations when practicing yoga and other practices recommended by the Service Provider.
3.3.2 Pay for the services of the Service Provider in full according to the cost of the selected Course or Class no later than the first day of classes.
3.3.3 Be responsible for his/her own health condition. Before starting the selected Course or Class the Client undertakes to familiarize himself/herself with the limitations (the list of which is available in the description of each Course and Class), to consult a medical professional about possible contraindications, to control the physical load, if necessary – to inform the instructor of the Course or Class. Any injuries and illnesses received by the Client during the Courses or Classes through his/her own fault, due to non-compliance with safety procedures or negligence, as well as their consequences, are not the responsibility of the Service Provider.
3.3.4 Immediately notify the Service Provider if there are medical contraindications, if the Services may cause damage to the life and health of the Client. If the Client’s health condition does not meet the requirements, the Service Provider shall have the right to unilaterally and extrajudicially refuse to perform this Agreement.
3.3.5 Confirm that the Customer does not suffer from chronic cardiovascular, nervous, mental illnesses, diseases of the musculoskeletal system and other diseases that may significantly affect his health condition due to increased physical exertion during exercises. In case of non-compliance of the health condition of the Client to the necessary level that allows the Service Provider to ensure the safety of the Client, the Service Provider has the right to unilaterally extrajudicially refuse to perform this Agreement.
3.4 The Customer has the right:
3.4.1 Receive materials and consultations declared by the Course or Class.
3.4.2 Send to the Service Provider his suggestions and recommendations to improve the quality of the Services.
4. Cost of the Services and payment procedure
4.1 The cost of the Services is specified in the description of each Course or Class, located on the Websites of the Service Provider.
4.2 Payment shall be made by means of non-cash payment by the Customer in any way provided by the Service Provider.
4.3 Special payment terms (promotions, discounts, etc.) are provided under the terms specified on the Service Provider’s Websites.
5. Procedure for rendering the Services
5.1 The services shall be provided to the extent and on the terms and conditions specified in this Agreement.
5.2 The Customer independently chooses the Course or Class for the purchase, information about which is posted on the Websites of the Service Provider and make their payment, based on the options provided.
5.3 The Course or Class becomes effective after receipt of payment to the account of the Supplier, but not before the start date of training, which is indicated on the Websites.
5.4 If the Customer interrupts the Course or Class, whether for personal reasons, circumstances or violations of the rules of the Course or Class, including safety precautions, the payment made to the Customer will not be refunded.
6. Liability of the parties
6.1 For non-performance or improper performance of obligations under the contract, the parties shall be liable in accordance with the laws of the Republic of Estonia.
6.2 The service provider shall not be liable for damage to the life and health of the Customer in cases of improper performance of his obligations under this Agreement, as well as violations of the requirements of the teacher.
6.3 The client assumes full responsibility for his or her health condition.
6.4 The client agrees that he has no right to demand from the service provider any compensation for material and health damages.
6.5 The Service Provider shall not be liable for any losses incurred by the Customer, including in connection with the fact that the Customer has not read or untimely read the terms of the Offer or the amendments and additions made thereto.
6.6 The parties shall be exempt from liability for failure to perform or improper performance of obligations under the Agreement, if this failure is the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events, which the party(s) could neither foresee nor prevent by reasonable measures (force majeure). Such extraordinary circumstances include natural disasters, accidents, floods, earthquakes, epidemics, fires, riots, strikes, revolutions, military actions, the entry into force of legislative acts, governmental decrees and orders of public authorities that directly or indirectly prohibit the activities specified in the contract, as well as any other circumstances beyond the reasonable control of the parties that prevent the performance of obligations.
7. Term of agreement
7.1 The Agreement comes into force from the moment of acceptance of its terms by the Customer (acceptance of the Offer) and is valid for the duration of the purchased Course or Class.
8. Order of termination of contract
8.1 The parties have the right to unilaterally repudiate this Agreement out of court in the cases stipulated in this Agreement.
8.2 If the Customer refuses the Services of the Service Provider, as well as if the Service Provider withdraws from the Agreement due to the Customer’s culpable actions under this Agreement, the funds for the unused Course or Class Services shall not be returned to the Customer.
9. Dispute Resolution Procedure
9.1 Disputes and disagreements that may arise in the performance of this Agreement shall, if possible, be resolved by negotiation between the parties. If it is not possible to resolve the dispute and it is necessary to consider the dispute in court, the jurisdiction shall be determined at the location of the defendant.
10. Other conditions
10.1 In all matters not expressly provided for in the contract, the parties shall be governed by the laws of the Republic of Estonia.
10.2 The processing of the Customer’s personal data shall be carried out in strict compliance with the Personal Data Protection Act. The Service Provider and the persons involved in the provision of the Service shall keep secret the data about the Customer’s identity or health condition, as well as ensure that the data contained in the documents drawn up concerning the Customer do not become known to unauthorized persons in the Course or Class of the provision of the Services.