Terms of Service
1) Introductory provisions
a) The online Store, available at https://ironnation.com , is operated by: Maciej Osytek, address: ul. Środkowa 25, 05-540 Ustanów, PL, TAX ID (NIP): 5342318535, REGON: 368013196.
b) This document is addressed to the Clients of the Store and defines the rules of using the Store and the rules for the provision of services by the Service Provider to the Clients via the Store.
2) Definitions
a) Terms of Service (ToS) – this document, together with any attachments
b) Service Provider – Maciej Osytek, address: ul. Środkowa 25, 05-540 Ustanów, PL, NIP: 5342318535, REGON: 368013196
c) Store – the Service Provider’s online store, available at https://ironnation.com
d) Client – a natural person, legal person or organizational unit with legal capacity, purchasing a service from the Service Provider.
e) Agreement – an agreement for the provision of electronic services, concluded in accordance with the Terms of Service between the Service Provider and a Client, with the content specified in the Terms of Service.
f) Parties – parties to the Contact, i.e. the Service Provider and the Client together.
g) Subscription – a fee for using the paid services selected by the Client, provided by the Service Provider, in a period selected by the Client.
h) Month – the basic unit of the Subscription duration, always lasting 30 days, unless the offer or the price list states otherwise.
3) Contact with the Service Provider
a) Contact with the Service Provider is possible via the contact form available at https://ironnation.com/contact
4) Technical requirements
a) The following technical requirements must be met to use the Store:
i) Having access to a device capable of displaying an image with a resolution of min. 1280 x 800 pixels
ii) Having access to the Internet with a recommended speed of min. 8Mbit/s
iii) Having a web browser with an active support of JavaScript and Cookies
iv) Having software that can open PDF files
v) Having an active email account
b) The Service Provider recommends using the latest version of one of the following web browsers: Google Chrome, Mozilla Firefox, Opera, Microsoft Edge.
c) The use of the Store with different software or an out-of-date version of the browsers indicated in paragraph 4.b is possible, but may result in the incorrect display of the content and the malfunctioning of the functionalities provided within the Store.
d) Service Provider recommends regular updating of the operating system, as well as the use of anti-virus software with up-to-date virus databases, in order to reduce the risk of interference by third parties in the transmission of data between the Client and Service Provider via the Internet.
5) General provisions
a) The Service Provider, to the fullest extent permitted by law, is not responsible for any disruptions, including interruptions in the functioning of the Store, caused by force majeure or by unlawful actions of third parties.
b) The Service Provider reserves that during the maintenance work of IT systems, access to the services provided as part of the Store may be difficult or impossible; The Service Provider undertakes to make every effort to ensure that such difficulties occur as rarely as possible and as short as possible.
c) The Client may withdraw from the Agreement within 14 days of its conclusion without giving any reason (which, however, does not apply to the cases described in point 5.d. of the ToS). In such case, the Client submits a declaration of withdrawal from the Agreement to the Service Provider in writing to the address of the Service Provider’s registered office indicated in point 1.b. of the Terms of Service or by contacting the Service Provider via the contact form available at https://ironnation.com/contact, while the day of submitting the declaration of withdrawal from the Agreement should be considered the day of sending the declaration – such declaration must be provided before the deadline to withdraw from Agreement. In the event of withdrawal from the Agreement, the Customer is refunded all payments immediately, but not later than within 14 days from the date on which the Service Provider received the declaration of withdrawal from the Agreement. The reimbursement is made using the same payment methods that were used by the Client, unless the Client clearly indicated a different method of reimbursement, which, however, will not involve any fees for the Client.
d) The Service Provider informs that pursuant to art. 38 point 13) of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the Client is not entitled to withdraw from the Agreement for the service of online coaching or purchased electronic publication (e-book) (purchased in a set with a different service or independently), due to the nature of the provision of services, the subject of which is the delivery of digital content dedicated to the Client, which is not recorded on a tangible medium, where the performance of the service began with the express consent of the Client and after the Service Provider informed the Client about the loss of the right withdraw from the Agreement.
e) Paid and free services are provided electronically in accordance with the provisions of the Terms of Service.
6) Types of services provided and their scope
a) The Service Provider provides the following paid services to Clients:
i) Personal training – educational sports activities aimed at improving and teaching the correct technique of performing exercises. The duration of a single training session may vary from 30 minutes to 60 minutes. Classes are held at a fixed location. The cost of personal training does not include the cost of an admission ticket to the training place, e.g. a fitness club or gym.
ii) Online coaching – a care service conducted online for the duration of the purchased Subscription, consisting in helping the client to accelerate the pace of development and improve the effects of their operation. In this service, the strategy of conduct may be modified depending on the needs of the Client.
iii) Consultation – an educational phone call or videoconference lasting a fixed period of time. During the consultation, the client has the opportunity to ask questions related to diet and training.
b) The service provider also offers the following products to customers:
i) Electronic publications (e-books) that the Client can purchase in addition to another service or separately.
7) Performance of the Service Provision Agreement
a) The Service Provider enables the purchase of the services provided using the online store available at https://ironnation.com or by direct contact with the Service Provider via e-mail.
b) In order to start using the services of personal training, online coaching or consultations, the Client should:
i) Choose one of the packages
ii) Choose the length of the period for which they purchase a given service (if applicable)
iii) Declare that they agree to the provision of digital services by the Service Provider before the deadline for withdrawing from the Agreement
iv) Declare that they are an adult, capable of legal acts
v) Make the payment
c) In order to purchase an electronic publication (e-book), the Customer should:
i) Select a product
ii) Declare that they agree to the provision of digital services by the Service Provider before the deadline for withdrawing from the Agreement
iii) Declare that they are an adult, capable of legal acts
iv) Make the payment
8) General conditions for the provision of paid services
a) The provision of paid services of personal training, online coaching or consultations will commence, to which the Client agrees, after completing the initial questionnaire. The questionnaire aims to enable the Service Provider to learn about the Client’s needs and adjust the Service provided to them accordingly. The questionnaire consists of questions, inter alia, about the following data about the Client: year of birth, gender, height, weight, training goals, number of days a week on which the Client can train, level of physical fitness, past injuries and injuries, health problems, whether the Client smokes cigarettes or consumes alcohol, work or study mode, level of motivation, preferred training location, training accessories owned by the Client, training accessories that the Client is prepared to buy, preferred nature of the training.
b) Considering the fact that the provision of the Service by the Service Provider is based on the data provided by the Client, the Client undertakes to complete the initial questionnaire in a reliable and truthful manner.
c) The order for the Online Coaching service will be processed within 5 (five) business days from the moment when all of the following conditions are met simultaneously:
i) The User will pay for the purchased Subscription
ii) The User will fully complete the initial questionnaire referred to in point 8.a. of these Terms of Service
d) In the case of the online coaching service, the subscription validity is counted in days, starting from the moment of its activation up to and including the last day of the validity period of a given Subscription. The Subscription validity period is indivisible and uninterrupted.
e) The Client declares that they have acknowledged and understands that:
i) Exercising physical activity, following a specific type of diet, or using a specific type of training may be excluded if there are health contraindications to its use. The Client declares that prior to the purchase of the service from the Service Provider, they have consulted the appropriate medical professional in order to establish all recommendations regarding the use of a diet, physical activity and that the medical professional has not found any contraindications to the Client for physical activity or diet.
ii) In the event that the Service Provider has any doubts regarding the health of the Client, which could affect the course of the training or diet plan, with a goal to protect the Client’s health, the Service Provider reserves the right to make the performance of the Service conditional on the Client’s prior submission of a certificate of no contraindications to the use of the training or diet plan, issued by a competent medical professional. In the event of failure to submit the certificate within the agreed time limit, the Service Provider reserves the right to refuse to perform the Services and, consequently, to terminate the Agreement with immediate effect and return the remuneration paid by the Client.
iii) The services provided by the Service Provider do not constitute medical services within the meaning of the Act of April 15, 2011 on medical activities.
iv) The Service Provider does not have direct access to all Client’s data and it is not possible to verify the data provided by the Clients or to fully recognize their health condition.
v) The Service Provider is not able to guarantee 100% effectiveness of the actions taken by the Clients, in particular the results expected by the Client may not be achieved due to inadequate exercise, failure to follow the diet plan and / or failure to comply with the training plan and the Service Provider’s recommendations.
vi) The Service Provider reserves that taking specific actions on the basis of information provided as part of the Services may be associated with a burden for the health of the Clients. In the event of adverse effects, please stop taking actions based on the information provided as part of the Services, and in justified cases, we suggest contacting a medical professional. In particular, the Service Provider is not responsible for injuries or other health problems arising after or during the Client’s use of online coaching or consultation services, i.e. services during which the Service Provider cannot supervise the Client personally.
vii) The training plans, diet plans, as well as all materials provided to the Client are intended exclusively for them. The Client declares that they will use them only for their own use, with the exception of commercial purposes.
viii) If a personal training is canceled less than 24 (twenty-four) hours before the date agreed with the Service Provider, the training is deemed to have been carried out and completed.
9) Payment for services and products
a) The prices of services and products are specified in the price list available at https://ironnation.com/shop
b) The prices are expressed in Polish zlotys (PLN) and are gross prices, which means that they include the tax on goods and services (VAT).
c) Services and products can only be purchased by advance payment.
d) Payment is made via the Przelewy24 online payment operator, offering its services via the website www.przelewy24.pl, on the terms set out in the regulations of this service.
e) The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, Tax Identification Number (NIP) 7792369887, company statistical number (REGON) 301345068.
f) Changing the prices of services does not constitute a change to the Terms of Service.
g) Changing the prices of services will not affect payments made prior to the effective date of the changes.
10) Client’s personal data and information about Cookies
a) The rules for the processing of Client’s personal data and the rules for the use of Cookies by the Service Provider are described in the Privacy Policy available at https://ironnation.com/privacy_policy .
11) Intellectual property and license
a) The Service Provider is the sole owner of all intellectual property rights related to the Store.
b) As part of the services provided, the Service Provider grants the Client a time-limited, non-exclusive, non-transferable license authorizing the use of materials received as part of the purchased service and made available by the Store.
c) The license referred to above is granted only for the Client’s own use, related directly to the use of the services covered by the Subscription. This license entitles the Client to:
i) displaying materials made available in the Store on the screen of a computer, tablet and phone owned by the Client
ii) save the materials prepared for the Client by the Service Provider on any storage media and print them in 1 (one) copy.
d) The Service Provider’s remuneration for the license granted is included in the price of a given Service.
e) Any activities beyond the License referred to above, including in particular:
i) copying the content of the Store or its part
ii) copying, saving, sharing photos and / or graphics made available in the Store in a manner other than specified in point 11.c
are prohibited without the written consent of the Service Provider.
12) Complaints related to the functioning of the Store or the services or products sold in it should be reported electronically, via the contact form available at https://ironnation.com/contact .
a) The complaint should include:
i) Client’s e-mail address
ii) Date and time of occurrence of the event that the complaint relates to
iii) A detailed description of the event that the complaint relates to
b) The deadline for submitting a complaint is 14 days from the moment of the event to which the complaint relates. The day of submitting the complaint is the day on which the Service Provider received the message sent via the form, as specified in point 12.a
c) The Service Provider will respond to the complaint within 14 days of receiving the correct notification, as specified in points 12.a and 12.b. In the event of an incomplete complaint notification, the Service Provider will call the Client to complete it.
d) The Service Provider will respond to the complaint via e-mail to the e-mail address provided by the Client in the complaint.
13) Final Provisions
a) The Terms of Service shall be in force from the date of their publication until further notice.
b) The Service Provider will inform about any changes to the Terms of Service by e-mail at least 14 days before their entry into force.
c) The Client may not consent to the amendment of the Terms of Service by terminating the Agreement. Failure to terminate the Agreement prior to the entry into force of the amendments to the Terms of Service is tantamount to their acceptance and the will to continue the Agreement under the amended conditions.
d) The law applicable to the Agreement between the Client and the Service Provider, the subject of which are services provided by the Service Provider as part of the Store under the conditions specified in the Terms of Service, is Polish law.
e) Any disputes arising from the application of the provisions of the Terms of Service, the Parties will settle amicably, and in the event of inability to reach an agreement, all disputes will be resolved by competent Polish common courts, in accordance with the provisions of Polish law and in Polish language.
f) In the event of any claims being filed against the Service Provider, the Client undertakes to take, at his own expense and risk, all legal steps ensuring adequate protection against third party claims and to cover all related costs and losses.