CALYPSO FITNESS STARTER TERMS & CONDITIONS

These CALYPSO FITNESS STARTER TERMS & CONDITIONS specify the terms and conditions of activating an using the fitness services provided by Calypso Fitness S.A. with its registered office in Warsaw, as part of the Calypso Fitness Starter offer.

Definitions:
1. Activation – a factual act performed by the User on the Website which allows the User to start using the Service as part of the Starter offer, on the terms and conditions specified in these Terms & Conditions;
2. Password – a string of letters, digits and/or other characters, at least 6-characters long, chosen by the User during Registration in the Calypso Fitness Customer Zone (“My C@lypso”) and used to secure access to the User Account;
3. Fitness Club/Fitness Clubs – refers to the fitness clubs or one of the fitness clubs listed below, operating under the name “Calypso Fitness” in the following locations: Białystok, ul. Jurowiecka 1 (Galeria Jurowiecka); Gdańsk Kowale, ul. Staropolska 32; Gdańsk, ul. Obrońców Wybrzeża 1; Gdańsk, ul. Rajska 10; Gdańsk, al. Rzeczpospolitej 33; Gdańsk, ul. Schuberta 102A (CH Morena); Szczecin, Al. Piastów 30 and ul. Andrzeja Struga 31; Konin, ul. Ogrodowa 31c; Częstochowa, ul. Piastowska 225; Częstochowa, Al. Wojska Polskiego 207; Zawada (gm. Turawa), ul. Dębowa 1; Piaseczno, ul. Pawia 11; Warsaw, ul. Puławska 17; Warsaw, ul. Górczewska 124; Warsaw, ul. Dalanowska 46; Warsaw, ul. Puławska 427a; Warsaw, ul. Nowoursynowska 154A; Warsaw, Al. Armii Ludowej 26; Warsaw, ul. Przy Agorze 22; Warsaw, ul. Modlińska 256; Warsaw, ul. Kazimierza Szpotańskiego 4 (Galeria Ferio Wawer); Warsaw, Al. Jerozolimskie 181 B; Warsaw, Pl. Europejski 1; Warsaw, ul. Wilanowska 363; Siedlce, ul. Piłsudskiego 74; Piła, ul. 14-lutego 26; Suwałki, ul. T. Kościuszki 128; Kiełpin Poduchowny (gm. Łomianki), ul. Warszawska 201; 203; Ełk, ul. Plac Miejski 1; Mielec, ul. Powstańców Warszawy 4; as well as in Sopot, Al. Niepodległości 697-701; Rzeszów, ul. Hetmańska 40A and ul. Krakowska 20; Warsaw, ul. Stanisława Kostki Potockiego 2; Warsaw, ul. Wołoska 12 (Galeria Mokotów), ul. Al. Jana Pawła II 82 (C.H. Arkadia);
4. User Account – every User's personalised panel activated for the User by the Operator after the User has gone through the Registration process on the Website;
5. Login – User's unique username required, together with a Password, to create a User Account in the Customer Zone. The login is the e-mail address indicated by the User during the Registration;
6. Operator – a business entity – Calypso Fitness S.A. with its registered office in Warsaw, ul. Puławska 427, 02-801 Warsaw, entered into the register of entrepreneurs by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register at no. KRS 0000400719, NIP [Tax Identification Number]: 5252519684, REGON [the National Official Register of Business Entities]: 145874896, share capital PLN 100.000.00 (paid up in full), which is, at the same time, the Website's owner;
7. Terms & Conditions – these CALYPSO FITNESS STARTER TERMS & CONDITIONS;
8. Registration – a factual act performed by the User in the manner specified in the Terms & Conditions and required for the User to use the Starter and functionalities of the Customer Zone on these Terms & Conditions and on the Calypso Fitness Customer Zone Terms & Conditions;
9. Starter – a plastic card which is a document confirming that the User has purchased the right to use the Services on these Terms & Conditions;
10. Calypso Fitness Starter – an offer for using the Service addressed to Users by the Operator;
11. Customer Zone/“My C@lypso” – web pages of the Website by means of which the Operator makes various functionalities (in particular the possibility to purchase goods and services, as well as a Newsletter, news, the possibility to track training progress) available to the Users who have an active User Account, on the Calypso Fitness Customer Zone Terms & Conditions and on these Terms & Conditions, respectively;
12. Website – the website used by the Operator for informational and marketing purposes and for the purpose of operating the Customer Zone, available to the User under the following address: https://moje.calypso.com.pl ;
13. User Account Administration Agreement – an agreement between the User and the Operator, concluded electronically in accordance with the principles specified in the Calypso Fitness Customer Zone Terms & Conditions, the purpose of which is to allow the User to use the Customer Zone's functionalities and the conclusion of which is necessary for the purpose of Registration and Starter Activation;
14. Service – the services provided by the Operator as part of the Starter consisting in providing the User with a possibility to use the gym and sauna and take the fitness classes offered in Fitness Clubs, on these Terms & Conditions;
15. User – a natural person with at least a limited capacity to enter into legal transactions, at least 16 years old, using the Starter and the Customer Zone in a way not directly related to his or her business or professional activity and who, at the moment of Registration and Starter Activation is not bound with any other contract on using fitness services offered in the Fitness Clubs referred to in letter e.
According to these Terms & Conditions the User has the right to use the Service on the basis of the Starter, after carrying out Registration and Starter Activation on the Website.
The Starter authorises the User to use the Service for 3 (three) consecutive calendar days starting on the date of Starter Activation, subject to the fact that:
1. if the User activates the Starter (Starter Activation) on the date of Registration, the User can use the Service on the basis of the Starter until the end of that day and for the following 72 hours,
2. if the User sets the Starter Activation date on a date other than the Registration date, the User can use the Service on the basis of the Starter for the consecutive 72 hours starting at 00:00 of the day indicated as the Starter Activation date.
The User can activate the Starter only after completing the Registration procedure on the Website which involves creating a User Account in the Customer Zone, in accordance with Calypso Fitness Customer Zone Terms & Conditions, however subject to any differences resulting from these Terms & Conditions.
During Registration the User has the obligation to enter, in the following order:
1. the barcode from the Starter,
2. Starter Activation date,
3. first name,
4. surname,
5. sex,
6. date of birth,
7. type of identity document (identity card, passport, driving licence),
8. number of the identity document,
9. e-mail address,
10. telephone number,
11. a Password consisting of at least 6 characters,
12. re-enter the Password referred to in letter h to verify it,
  and furthermore:
13. submit a declaration that the User has read and accepts these Terms & Conditions,
14. submit a declaration that the User has read and accepts the Calypso Fitness Customer Zone Terms & Conditions,
  optionally, the User may also:
15. give his or her consent for receiving an electronic Newsletter provided by the Operator,
16. give his or her consent for processing by the Operator of the personal information on the User's training progress based on the measurements made by the Tanita device,
17. give his or her consent for processing by the Operator of the User's personal information for marketing and statistical purposes.
After the User has met all the requirements referred to in article 5 of these Terms & Conditions the User needs to confirm the correctness and accuracy of the entered data by clicking the “Register” button and after that, if the system has positively verified correctness of the data provided by the User, a Registration validation link, valid for 24 hours, will be sent to the User's e-mail address which the User needs to click in order to validate the Registration. Upon clicking the validation link the Starter becomes activated (Starter Activation) as of the date indicated by the User and the User Account is created in the Customer Zone.
If the User does not confirm the Registration before the Registration validation link referred to in Article 6 above expires, the User may repeat the Registration in accordance with Article 5 of these Terms & Conditions.
If the Operator's IT system finds the data provided by the User incorrect, e.g. the link is already in the database, the entered e-mail address has already been registered, the barcode from the Starter has been already used, the User will receive from the Operator an error message and the Registration validation link will not be sent to the User.
The User of the registered Starter may start to use the Services as of the Starter Activation date and is obliged to present the Starter to reception personnel during his or her every visit in the Fitness Club.
The User may use the Services provided as part of the Starter in Fitness Clubs' opening hours. The list of the Fitness Clubs in which the Starter is valid as well as the information on their opening hours is available on the Website, on the Our Clubs tab.
The personnel of every Fitness Club's reception have the right to verify User's identity on the basis of the Starter and demand that the User present his or her identity document.
The Calypso Fitness Starter is offered only to the Users who at the time of Registration and Starter Activation are not bound by any agreement on using fitness services in any of the Fitness Clubs referred to in Article 1 c) of these Terms & Conditions.
The Starter can be activated only once and the User may use only one Starter which means that attempts to activate the same Starter or activation of another Starter by the same User will be ineffective.
After its Registration the Starter cannot be resold, transferred or made available in any other way to any third party and cannot be exchanged for cash or any other services offered by the Operator.
The Operator shall not be held liable for any consequences of the User's failure to comply with the provisions of these Terms & Conditions and other terms & conditions applicable in the premises of Fitness Clubs.
The Operator shall not be held liable if the User does not use the Starter for the reasons attributable to the User (e.g. illness, holiday leave, lack of time, a trip abroad).
Operator's liability shall be limited to ensuring accessibility of Services as part of the Starter, in accordance with the provisions of these Terms & Conditions. The Operator's liability, however, shall not cover the quality of provided services.
The User shall not have the right to use the Services for the purpose or as part of running his or her business, professional or other profit-oriented activity.
The User shall deposit all valuables at the reception or in marked deposit cabinets located in the premises of a given Fitness Club. The Operator and the Club shall not be liable for any valuables which have not been deposited in the places indicated in the previous sentence.
The User is required to use the rooms, devices and equipment in the Fitness Club according to their intended use. The User bears material responsibility for intended damage or destruction of rooms, devices or equipment in the Fitness Club. ',
The User shall comply with the fire safety regulations and instructions for use of every room, machine or equipment located in the Fitness Club, available at the reception of every Fitness Club, and in particular to the instructions given by trainers.
When in the Fitness Club, the User is obliged to keep the place clean and behave in accordance with generally accepted standards of behaviour. It is forbidden to make it difficult or impossible for other users to use the Fitness Club or to insult or threaten them, including using, despite having been admonished by the Fitness Club's personnel, the language which is generally deemed to be offensive. Any behaviour that is abusive towards other Users, including vulgar and obscene behaviour, as well as any manifestations of racism or any other behaviour which bears traces of harassment or discrimination based on race, sex or religion is forbidden.
It is forbidden to consume alcohol, smoke tobacco or take any psychoactive substances in the premises of the Fitness Club.
In such rooms as bathrooms or shower rooms the User is obliged to wear swim footwear with a rubber, anti-slip sole. In the premises of the Fitness Club the User is obliged to wear replacement, covered sports footwear.
The personnel of the Fitness Club does not have any medical qualifications. In the case of any doubts concerning physical fitness or ability to perform any physical exercises the User should consult a physician before starting to do any physical exercises.
It is forbidden to use the Operator's Services under the influence of alcohol, drugs which have an impact on blood circulation or cell metabolism, antihistamines, beta-blockers or sedatives.
27. The terms and conditions for using the functionalities of the Calypso Fitness Customer Zone are specified in separate Calypso Fitness Customer Zone Terms & Regulations which are an integral part of these Terms & Conditions, with the following differences pertaining only to the Calypso Fitness Starter offer:
1) the “My invoices” tab is inactive,
2) in the “My messages” tab, over the “menu information” beam, the Starter's validity date is displayed.
If the User decides to continue to use the services offered by the Operator after expiry of Starter's validity the User may, by means of the Customer Zone or Operator's hotline, conclude with the Operator an agreement on using the service of the User's choice in accordance with the offer valid at the given time and on the terms and conditions of the given service available on the Website.
Conclusion of an agreement with the Operator in a manner indicated in Article 28 above during the Starter validity period does not render the Starter invalid. In such a case the information provided in Article 1 above and pertaining to the Calypso Fitness Starter offer will be displayed in the User Account until the Starter expiry, and after expiry of the Starter the information on the type of concluded agreement will be displayed in the User Account. Access to the User Account and the User Account Administration Agreement both expire at the end of validity of the Starter unless the User at least on the last day of the validity period of the Starter, will conclude an agreement with the Operator in accordance with provisions of point 28.
Calypso Fitness S.A. with its registered office in Warsaw, ul. Puławska 427, 02-801 Warsaw, entered into the register of entrepreneurs kept by the District Court for Capital City of Warsaw in Warsaw, 13th Commercial Division, at no. KRS 0000400719, NIP: 5252519684, REGON: 145874896, share capital PLN 100.000.00 (paid up in full) is the administrator of the personal information referred to in Article 5 above. The User providing his or her personal information has the right to access, correct, remove, limit processing of and also transfer his or her personal information. The User giving his or her consent for processing of his or her data for statistical or marketing purposes has the right to withdraw that consent at any time. Detailed information on the conditions of processing personal data of the User and the rights User has in connection with this processing are included in our Privacy Policy available on the Website.
The User of a Starter has the right to submit a complaint about the provision of Services by the Operator that is contrary to the Terms & Regulations, by sending the complaint to the Operator's address or by sending an e-mail to the following e-mail address reklamacje@calypso.com.pl. In order to submit a complaint the User should give his or her full name, e-mail address and Starter number and concisely describe the situation. Complaints will be handled within 30 days and the response to the complaint will be sent to the User's e-mail address indicated in the complaint.
The Terms & Conditions become effective as of 19.06.2018.