Terms and Conditions

Date: 9.5.2024

Terms of Participation

The following Terms of Use are entered into by and between You and Daniel Cvrk Fitness (“Company”, “we”, “me” or “us”).

Your access to and use of this website and/or the training app, as well as all related websites operated by Daniel Cvrk are subject to the following terms and conditions (“Terms of Use”) including any content, functionality and services offered on or through dcfitbodyonline.com (“The Website” or “The Training App” – collectively “The Site”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Privacy

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

Disclaimer

Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

Use of Free Downloadable Content and all subscription content, collectively “Free Content”)

The Company provides various resources on this Website, which users may access by providing an e-mail address. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Content in any manner.

By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content.

By downloading the free content, you agree to subscribe to Daniel Cvrk's email list.

You will receive occasional emails from us regarding updates, promotions, or other relevant information.
You may receive daily emails covering fitness, nutrition and lifestyle topics.
You can unsubscribe from our email list at any time by clicking the unsubscribe link provided in the emails.

Program & Service

The Company from time to time provides various courses, programs, training programs and associated material for sale on this Website.

The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.

We endeavour to describe and display the Program as accurately as possible. While we try to be as clear as possible in explaining the Program, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Method of Payment & Automatic Renewal

We (or our third-party payment processor) shall authorize your credit card, PayPal account, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. Your subscription will automatically renew for the same term as your initial Subscription unless you cancel your subscription as per the Cancellation Policy below.

Personal Training 1 on 1 - Pricing, Payments and Termination Policy

The client acknowledges that payment is required in advance either by direct debit, or bank transfer. The client understands that if they decide to discontinue training sessions or/and unsubscribe from any services provided by the trainer, they can at any time but will provide the trainer with two weeks' notice and will not be refunded for session/s or/and service/s you have already used. Termination can occur when either the trainer or the client decides to discontinue training sessions and/or provide service/s for whatever reason.

Termination of this agreement can occur but is not limited to, if the trainer decides to move from the club, change provider, or change pricing or services. If changes in pricing will occur the client will get 4 weeks' notice before any changes will be made to his current agreement with the Trainer. The client´s training profile at DC Fit Body Online (Daniel Cvrk Fitness provided by PT Distinction) app will be kept open only until they continue training with the trainer either online or/and in person or by subscribing to any other paid service. Once termination of the personal training agreement between the Trainer and client occurs, the client will no longer have access to the Program and to The training App, including all content and resources.

Refund Policy to the digital product and services

Because the products/services we offer are digital and cannot be returned, your purchase is only eligible for a refund in the following situations:

You purchased two of the same products, accidentally.
We’ll gladly refund you the duplicate purchase(s). Examples such as Two of the same training programs.

There is a technical problem with the product/service that Daniel Cvrk Fitness cannot resolve after becoming aware of the problem.
Products with alleged technical issues will only be eligible for a refund when sufficient information is provided regarding how the error was created. If you and Daniel Cvrk Fitness encounter a consistently reproducible error with the product/services files that cannot be resolved by Daniel Cvrk Fitness, you will be issued a refund.

Cancellation Policy

You can cancel your subscription by sending an email to dcfitbody@gmail.com stating you want to cancel your plan/subscription.

NOTE: Unless Daniel Cvrk is requested at least two business (2) days before the end of the conclusion of your current subscription term (or any subsequent Renewal Term) that you do not intend to renew your subscription, you will be enrolled into an automatic renewing cycle for the same term at the conclusion of the subscription term. This applies to all subscription plans involving payment and works the same for both monthly and annual renewals. Any request notice of your intention not to renew shall be provided by emailing us at dcfitbody@gmail.com.

There will be no partial (or prorated) refunds on monthly OR annual payments.

Cancellations will be effective once the cancellation request has been processed by our team. You will be unable to log in to the Training App and/or membership area after that time. If you did not submit your cancellation request in time and the current month's payment has already been processed, we will not issue a refund for the current month.

Once you cancel, you will no longer have access to the Program and to The training App, including all content and resources.

It is entirely your responsibility to request the cancellation of your account in good time should you no longer require the Program.

If you have any questions or problems, please let us know by contacting us at dcfitbody@gmail.com.

Training programs and plans

Any purchase of DC training programs such as DC PRIME MOVEMENT etc. will give you access to the training app (DC Fit Body Online) for a maximum of 16 weeks or if it is not stated differently. After the period the access to the training app will be closed and you will no longer have access to the program, including all content and resources. Please note: All content and training programs are downloadable and printable for you to keep, or you can upgrade to a monthly subscription to keep the access.

Intellectual Property

The Site and Service contain intellectual property owned by Daniel Cvrk, including trademarks, copyrights, proprietary information, and other intellectual property. Daniel Cvrk´s copyrighted and original materials are provided to you as part of the Service for your individual use only. All intellectual property, including Daniel Cvrk´s copyrighted materials, shall remain the sole property of Daniel Cvrk. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Order Confirmation

We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Please note: That our system is not automatized and in order to use our digital product it might take up to 5 business days for us to create and send all relevant information to you.

Account Creation

In order to use the Program, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Daniel Cvrk Fitness will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

One account will be created by you where you can manage your subscriptions https://www.danielcvrkfitness.com/online-coaching-login and another for the training app (DC Fit Body Online app) will be created by our team. You will receive an email with your login details and a link to download our training app https://www.danielcvrkfitness.com/online-coaching-login.

Refusal of Service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

No Warranties

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Please read the Disclaimer carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer.

Limitation of Liability

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Modification

This Terms and Conditions are effective as of the date stated above and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Terms and Conditions at any time, and you should check this Terms and Conditions periodically. Your continued use of the Service after we post any modifications to the Terms and Conditions on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms and Conditions.

Contact

If you do not understand or agree with any of these conditions, please do not use this site or order any service/s.

If you have any questions regarding our terms of use, or your dealings with our website, please contact us here: dcfitbody@gmail.com

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