General terms and conditions
General Informations:
I. Company Data
The name of the company: Solution Training and Consulting Bt.
The address of the company: 1027 Budapest, Margit körút 64. a. ép. 3. em. 5.
Company registration number: 01-06-769302
Tax number: 22165688-2-41
General Informations:
I. Provider details
Name of the service provider: Rácz András E.V.
Address: Budapest 1188 kisfaludy utca 98b
Registration number: 51767015
Tay number: 68451592-1-43
The service provider’s contact information, regularly used electronic mail address for contact with users: [email protected]
Name of registering authority (company court): Budapest Környéki Törvényszék Company Court Phone Number: 061/467-6200
Language of the contract: Hungarian
Customer: a person who registering on the website (www.ketoklub.hu) and using any of the services on the www.ketoklub.hu website.
The Webshop
The www.ketoklub.hu website mainly sells diet courses, online video courses and regular courses.
Payment site
Barion Payment Zrt.
Online bank card payments are made through Barion’s system. The bank card data will not reach the merchant. Barion Payment Zrt., which provides the service, is an institution under the supervision of the Magyar Nemzeti Bank, license number: H-EN-I-1064/2013. (link: https://www.barion.com)
II. Basic provisions
In matters not regulated in these Terms and Conditions, as well as the interpretation of these Terms and Conditions, Hungarian law governs, in particular Act V of 2013 on the Civil Code (Ptk.) and on certain issues of electronic commercial services and services related to the information society CVIII of 2001 the relevant provisions of the law. The mandatory provisions of the relevant legislation apply to the parties without special stipulations.
III. Registration, legal partnership between the parties
The contract between the parties is created when a Customer subscribes to, applies for, or orders any of the Service Provider’s services.
By registering on the www.ketoklub.hu website, the Customer declares that she/he/they has accepted the provisions of these General Terms and Conditions and acknowledges that the legal relationship between the Parties by ordering nutrition consulting services, subscribing to events and trainings, and purchasing online products is governed by these General Terms and Conditions. If the Visitor does not accept any provision of the General Terms and Conditions, she/he/they will not be able to use the product, consulting service, participation in events or training.
The content of the website and the services and products that can be purchased through it, as well as the information given verbally at events, are protected by copyright. We declare that Rácz András E.V. owns the information mentioned above.
It is prohibited to sell information, articles and recordings from the Service Provider, to change them in any form and to publish them again. We reserve all our further rights related to the published materials and, if necessary, we will even enforce them in court.
Availability: Services, products and information purchased on the site are available to the Buyer against the payment of the purchase price, which the Buyer can use only for his own purposes. Their recording, reproduction and distribution in any form without written permission is strictly prohibited.
Data management rules
The use of the website, as well as the provision of data necessary for the use of the products and services offered by the website, is voluntary, and the Service Provider may use the data only to the extent necessary for the proper provision of the service, in accordance with the conditions specified in these GTC and the Data Management Information on the website.
Service relationship
The legal relationship between the Service Provider and the Customer is established by the written confirmation of the order by the Service Provider (e-mail message), which contains the information and payment data related to the event/training.
The legal partnership between the Parties regarding the provision of the Service may be terminated:
- in the event of the termination of any party without legal successor, or in the case of an individual Customer, upon their death;
- in case of automatic termination (e.g. non-payment)
- by mutual agreement of the parties;
- by termination;
Until the date specified as the payment deadline before the start of the event or training, either party is entitled to terminate the established legal relationship with a written statement addressed to the other party.
If the Customer does not pay the event/training fee by the deadline (within 8 days) described in the confirmation received at the time of application, this contract is automatically terminated and the Customer is not entitled to participate in the event/training. Your application will be automatically deleted by the Service Provider.
The Parties may terminate this legal relationship at any time by mutual agreement.
The Service Provider is entitled to reject the application of certain natural or legal persons without reason due to a conflict of competitive interest.
- Rights and obligations of the Service Provider
The Service Provider undertakes to provide the service it advertises to the applicants at the highest level it can provide. A service can only be used within 3 months after purchase.
The Service Provider has the right to unilaterally modify the topic, date, location and the speakers of the announced events – including the possibility of canceling individual announced events. The Service Provider is obliged to notify the Customer at least three working days before the date of the event affected by the change, regarding the possible cancellation of the events/trainings, as well as the change of date or location.
The Service Provider also reserves the right that, when inviting a guest speaker, if the speaker does not appear on the day of the event for any reason, the Service Provider will seek a solution to hold the announced lectures. If the lectures are held by changing the person of the lecturer or through another unique solution, the service provider cannot be obliged to refund money.
The Service Provider has the right to unilaterally amend these General Terms and Conditions, in all cases where there is a change in its economic or service conditions, or the text environment in the text of the contract (spelling, typos, contradictions, etc.) requires this. He is obliged to notify all those who are currently affected by the amendment of the contract.
The General Terms and Conditions and any amendments thereto shall enter into force on the date indicated at the time of publication.
The Service Provider is entitled to periodically hold promotions that provide a discount on the prices of the events to a certain extent. You must provide information on the terms and conditions of these promotions and the duration of the promotion on your website. Any promotions displayed on the website without a duration are valid for an indefinite period of time or until withdrawn.
The Service Provider reserves the right to determine the current service fees and prices, please always check the website for current prices and fees. All services are governed by the fee schedule valid on the day of the order.
- Rights and obligations of the Customer
The Customer (or the participant named by him) is entitled to participate in the paid event and is entitled to use the described services as well as to purchase online products in the web store.
The Customer is obliged to verify the correctness of the data and information provided during the application, and to notify the Service Provider of any changes before the start of the event, because the Service Provider cannot assume responsibility for damages resulting from incorrect data.
At the event, the Participant must behave in a way that does not disturb the event/training and the other participants! With particular regard to expressions that are harassing, offending public taste and human dignity! In case of violation of this, the Service Provider is entitled to immediate, extraordinary termination of the contract and to refuse the service! In such a case, the participation fee cannot be refunded in any form.
VII. Disclaimer
The Customer waives the right to sue the Service Provider for perceived or actual damage resulting from the use of the service, or to request compensation in any other way.
The Participant waives his right and will not sue the Service Provider if the Customer is injured, suffers any bodily harm, damage, etc. worth it. The customer acknowledges that this is his responsibility.
VIII. Copyrights
The Customer undertakes not to use the information received at the events in a way unrelated to the subject of the cooperation. The information Rácz András E.V. are owned and protected by copyright, the use of these intellectual products is permitted in all cases with the exclusive and written consent of the authors.
The entire duration of the events and their associated website and Facebook page is under copyright protection, the content can only be reproduced in electronic or printed form with the permission of Rácz András.
By accepting this contract, the Participant also acknowledges that he/she may be included in audio recordings, video materials and images made on behalf of the Organizer. The Organizer may freely use and publicly display images, video recordings and audio materials containing his or her or their performance, and the Participant may not make any financial claims or complain in this regard. The Participant may express his displeasure with the display to the Service Provider by private request, the Service Provider tries to comply with these requests, but is not obliged to do so.
- Services, their use, orders, prices, payment of fees
The range of services available on the website includes nutritional advice, live, group events and training, and online products, some of which can be ordered and viewed in an online viewing format from time to time. For each event, only the details and information indicated at the opening of the event apply, this information – with the exception of the points regulated in these GTC – may differ from one event to another.
Regarding the services and trainings that can be ordered, by clicking on the name of the given event on the website, you can call up the details of the event and the application/order interface. Here the Visitor will find a description of the type of event, the currently announced dates, locations and prices. In the middle of the page is “Registration!” By clicking on the button, the Visitor can register for the event of his choice. In the case of failure to fill in the mandatory fields, a prompt will appear below the field. In the last data field, the Applicant has the option to select and request to subscribe to the Service Provider’s newsletter at the same time as the application. By submitting the application, the Applicant accepts these Terms and Conditions and receives a confirmation e-mail message to the e-mail address provided by him/her/them about the application and payment information. At the same time as accepting the General Terms and Conditions, the applicant or customer also consents to the fact that in the future the service provider will notify them about their additional services, products and other value-adding content in eDM letters.
2. The purpose of the Webshop Terms and Conditions
The Service Provider issued these Terms and Conditions in order to regulate in detail the terms and conditions related to the Web Store Service and its use, the rights and obligations of the Service Provider and the Customer, and other relevant circumstances related to the Web Store Service. The General Terms and Conditions contain the general conditions of the legal relationship between the Service Provider and the customer entering into a contractual relationship with it. With regard to issues not regulated here, the Hungarian legislation and official regulations in force at all times regarding the activities of the service provider’s online store, as well as the provisions contained in the Civil Code, shall govern without special stipulations.
2.1. Publication of the General Terms and Conditions
Acceptance of the General Terms and Conditions by the Customer is a prerequisite for using the online store service. Acceptance of the Terms and Conditions is considered when the Customer uses the service, i.e. orders or purchases goods or services.
2.2. The scope of the General Terms and Conditions
The Service Provider reserves the right to modify the GTC in whole or in part at any time. The General Terms and Conditions and any amendments thereto shall enter into force upon publication. The General Terms and Conditions remain in effect as long as the service provider provides the online store service.
Creation and modification of the Web Store Agreement
Entering order data
The contract is created by filling in the “Order data” menu item, clicking on the Order button and accepting the subsequent confirmation e-mail. The service provider shall not be held liable for delivery delays or other problems or errors that can be attributed to incorrect and/or inaccurate data provided by the customer.
General details
The contract is created by placing an order on the service provider’s website and accepting these GTC. The contract to be concluded is considered to be in writing, which is filed by the service provider and stored in a database. The language of the Agreement is Hungarian. A condition for purchasing in an online store is the provision of delivery and invoicing data, as well as contact details. The order is created when the customer approves the order in its final form. The Service Provider reserves the right, upon receipt of orders, if the authenticity of the customer’s data is questionable or incomprehensible, to delete the data and to classify the orders submitted with the data as invalid.
3.3. Modifying or canceling an order
After an order has been approved, the order cannot be canceled electronically. The Purchaser may cancel or modify the order at the electronic mail address specified in the contact menu of the online store on the day of approval of the order. Cancellation of the order is only possible before the letter is sent.
3.4. Payment Terms
In the case of domestic and foreign orders, the Purchaser transfers the value of the purchased goods plus postage to the Service Provider’s bank account via bank transfer or bank card payment via the Barion system. The service provider reserves the right to change the price of a service that can be ordered from the website, with the modification coming into effect at the same time as it is published on the website. The modification does not affect the counter value of the products already ordered.
3.6. Newsletter
By subscribing to the Newsletter (by entering your e-mail address and name) or by selecting the checkbox offering the option to subscribe when ordering a service or making a purchase, the Supplier sends a newsletter at regular intervals to the e-mail address provided by the Buyer or Subscriber. The newsletter contains articles on news about the topics of the books, interesting facts, and possibly new offers. You can unsubscribe from the newsletter at any time later, by clicking on the e-mail address in the Contact menu or the unsubscribe link in the newsletters.
4. Customer’s rights and obligations
4.1. Right of Withdrawal or Termination
The Customer may exercise the right of withdrawal or termination within 14 days of ordering the service. 45/2014 on the detailed rules of contracts between the consumer and the company. (II.26.) Defined by Government Decree.
Legal references:
„Ektv.” | CVIII law from 2001 on certain issues of electronic commercial services and services related to the information society. law |
„Fogy.véd.Tv.” | CLV law from 1997 on consumer protection. law |
„Grt.” | XLVIII law from 2008 on the basic conditions and certain limitations of economic advertising activity. law |
„GDPR” | REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of natural persons with regard to the processing of personal data and on the free flow of such data and repealing Regulation 95/46/EC |
„InfoTv.” | CXII law from 2011 on the right to information self-determination and freedom of information. law |
„Postatv.” | CLIX law from 2012 on postal services. |
„Számv. tv.” | Act C of 2000 on accounting |
5. The scope of the General Terms and Conditions
- The scope of the General Terms and Conditions covers the Service Provider as well as the User. The terms of the legal relationship between the Service Provider and Right Owners are contained in separate contracts. The scope of the General Terms and Conditions does not extend to the financial institution processing the payment.
- The legal relationship between the Service Provider and the User is established when the User is registered in the system, and as part of this, the User accepts the present General Terms and Conditions of the Service, and a confirmation is sent to the User by the Service Provider electronically.
- The General Terms and Conditions apply for an indefinite period.
- In the event of a modification of the General Terms and Conditions, the Service Provider shall notify the User by e-mail at least 8 (eight) days prior to the entry into force of the modification.
- The Service Provider is not obliged to apply the deadline set out in point 4 to the amendments to the General Terms and Conditions when the amendment of the General Terms and Conditions becomes necessary due to a change in the Service Provider’s data, the extension of the Service to new websites, the introduction of a new service or payment method, or if the amendment conditions for services already provided are not affected.
6. Termination of the legal relationship
- The Service Provider may terminate the legal relationship with a notice period of 90 (ninety) days by notifying the User. The notification is sent by e-mail to the e-mail address provided by the User during registration.
- The Service Provider is entitled to terminate the legal relationship with immediate effect if the User violates the prohibitions and regulations written in points 4/6 and 9.
- In case of other serious breach of contract by the User, the Service Provider is entitled to terminate the legal relationship with immediate effect, with the obligation to notify the User by electronic mail at least 15 (fifteen) days before the termination to terminate the breach of contract.
7. Fee for the Service
- The Service Provider issues an invoice for each purchase.
- The User acknowledges that her/his/their electronic order means that she/he/they acknowledges the binding force of the General Terms and Conditions and intends to pay the purchase price.
- When paying by bank card, the User can make purchases on the payment page with debit and credit cards marked with the symbols of the cards. To pay, you must enter the debit card number, expiration date and validation code (CVC2 or CVV2) on the PayPal payment page. The data provided by the User will be checked by the concerned bank, and the use of the Service will only be permitted after bank approval. In case of payment by bank card, the Service Provider issues an invoice, which can be downloaded from the page confirming the successful order, and the Service Provider sends it to the User by e-mail. The Service Provider reserves the right to change prices at any time regarding the Services offered on the Service’s web pages. The indicated prices are gross prices and include the amount of VAT.
- The User acknowledges that the transaction related to a given download is completed when the consideration for the Service has been paid to the Service Provider.
8. Warranty, liability, limitation
- The Service Provider makes every reasonable effort to ensure the efficiency and continuity of the Service, but is not responsible for any losses or damages caused by the inadequacy of the Services. The User acknowledges that continuous operation may be interrupted despite the prior knowledge and intention of the Service Provider, especially during the initial start-up period of the Service. Accordingly, the Service Provider does not guarantee the error-free and uninterrupted operation of the Service and/or the related website, or that access to the Service will be continuous or error-free. However, in such cases, the Service Provider will do everything possible to ensure that the Service is available again as soon as possible, but does not undertake a time guarantee regarding restoration.
- The Service Provider makes every effort to exchange data quickly, but – especially during the initial commissioning period of the Service – does not guarantee the delay or possible loss of information. for damages and/or losses resulting from access to the website of the Service, information, documentation, or other written materials available there, as well as from their indirect or direct use, from the site being unusable or from improper operation, deficiencies, possible malfunctions or misunderstandings responsibility is expressly excluded by the Service Provider. The Service Provider urgently draws the attention of the User that if he wishes to ensure the availability of the Service for a specific time or occasion, he should take into account the delay arising from the payment solution and possible errors in the Service, as the Service Provider does not assume responsibility for the Service being available for a certain time or occasion is available and can be used.
- The Service Provider is entitled to suspend the Service without any prior information or notice in order to maintain the Service and/or the related website.
- The Service Provider reserves the right to develop or modify the Service and/or the related website as necessary, from time to time, provided that such modifications do not change the nature of the Service contrary to the provisions of these GTC and do not adversely affect to its function.
- The Service Provider reserves the right to partially or completely terminate the Service and/or the related website without prior notice to the User.
- The Service Provider reserves the right to change the content offered for sale within the Service without prior notice, with immediate effect, including removing some Services from the Service’s website. The User acknowledges that if a given Service is withdrawn, he is not entitled to further use of the Service, and the Service Provider is not obliged to enable the conditions of usability.
- The Service Provider is only liable for damages caused by intentional or grossly negligent errors attributable to it. The amount of liability cannot exceed the value of the given transaction. The fee for the Services has been designed with the limitation of liability in mind.
- The Service Provider does not assume any responsibility for the information, content and services provided on the website of the Service, especially for information, content and services obtained from third parties. The User may use the Service solely at his own risk. The Service Provider does not assume any responsibility for damages caused or suffered on the User’s computer or in other respects in connection with the use of the Service and/or the related website. The Service Provider excludes all liability arising from the use of the Service, its possible errors, its incompatibility with the program running on the User’s computer, or any internet virus.
- The User is solely responsible for the secret and secure management of his password. The User may not disclose this data to a third party, and may not use another’s username and password, or attempt to use another’s access. The User is fully responsible for the password associated with his user account. The User undertakes to immediately notify the Service Provider in the event of any unauthorized use of their data or any other breach of security. The Service Provider is not responsible for damages resulting from the storage of the password or the transfer of the password to a third party.
- The User declares that the data provided by him/her during the registration were entered in accordance with reality on the registration form and on all other occasions when the program requests it during the use of the Service. The Service Provider excludes its responsibility for damage resulting from the entry of incorrect or non-functional data or e-mail address during registration, but at the same time, it may demand compensation from the User for any damage incurred in this regard. The Service Provider assumes no responsibility for damages resulting from the failure to report changes in the User’s data, but may demand compensation from the User for any damages incurred in this regard.
- The User acknowledges that the Service Provider is not responsible for any damage or abuse that occurs during or as a result of paying with a bank card, including if the User has not reported the loss of the bank card to the financial institution that issued the bank card. In particular, the Service Provider assumes no responsibility for errors, shortcomings or security of the payment solution.
- The Service Provider excludes responsibility for any damage caused by the illegal activity or omission of the User or a third party.
9. Rules for the use of services
- According to these GTC, the User acquires a limited and non-exclusive right of use for private purposes in accordance with the provisions of the General Terms and Conditions. Any recording or copying capability is for the convenience of the User only and does not mean that the Copyright Owners of any Service or any content embodied in any Service, image material, sound recording, background music, graphics or other material protected by copyright would grant any right, or any would waive their rights in favor of the User.
- As a result of downloading or copying, or in any other way, no right, title or interest in using the Service is transferred to the User. All rights to the Services or to the content, visual materials, sound recordings, accompanying music, graphics or other copyrighted material embodied in any Service are owned by the Service Provider or the Rights Owners, and the User is only limited, non-transferable, non-exclusive, revocable, no further has a licenseable right to use the Products for private purposes.
- It is not considered free use – regardless of whether it is for private purposes or not – if a copy of the work is made by a computer or on an electronic data carrier by someone else.
- The User may not duplicate, publish, retransmit, distribute, exhibit, broadcast, reproduce, modify any Service or the content embodied in the service, either in whole or in part, and may not make adaptations or sell them and may not participate in its sale or use of any kind, either directly or indirectly.
- After use, the User may not re-digitize any of the content embodied in the Service or upload this content to the Internet. The User may not use these contents in connection with any other content from third parties (such as providing sound for educational activities, movies).
- Despite the use of the words “sell”, “buy”, “order” or “buy” in relation to the Service or in these Terms and Conditions, the Service Provider grants the User a limited right of private use and does not sell the Service or any content embodied in the Service.
- The purchase of the Service does not mean the transfer of any commercial or advertising rights related to the Service to the User.
- The User can play the content embodied in the Service an unlimited number of times.
10. Right to withdraw from purchase
- 17/1999 on contracts concluded between absentees. (II. 5.) According to government decree, the User has the right to withdraw from the purchase within eight (8) working days from the date of purchase, if he has not started using the Service during this time.
11. Vis Maior
- If as a result of war, rebellion, act of terrorism, strike or movement that does not qualify as a strike, import or export embargo, accident, fire, blockade, flood, natural disaster, serious energy supply disruption or other unforeseen and insurmountable obstacle, which the User or the It is outside the scope of the service provider, one of them is unable to fulfill some contractual obligation, so this person is not responsible for any loss or damage that occurred as a result of these events.
12. Trademark and Copyright
- The trademarks and logos appearing on the website of the Service are the exclusive property of the Service Provider and the Right Owners. These designations may not be used, copied, distributed, or published by third parties in any way without the express and prior written approval of the Service Provider or the Right Owners.
- The markings and the information and other materials available on the Service’s web pages are protected by copyright, the related rights belong to the Service Provider and the Right Owners.
- The Service Provider acquires unlimited and exclusive right to use comments, observations, suggestions and ideas provided by the User in connection with the use of the Service’s web pages. The Service Provider becomes the exclusive owner of all such rights related to comments, and may not be restricted in any way in their use. The Service Provider has the right to exploit, use, reproduce, publish, revise, publish, publicize and distribute the User’s comments without restriction, without having to provide the User with compensation in any way.
13. Final provisions
- The Service Provider is entitled to use subcontractors and data processors. He is responsible for the subcontractors as if he had provided the service himself.
- These GTC are governed by the rules of Hungarian law.
- Any reference to the GTC means a reference to the GTC and its possible annexes, references to chapters and any annexes mean the chapters and possible annexes of the GTC.
- In matters not regulated in these GTC, the Civil Code. relevant provisions are applicable accordingly.
- Depending on the value limit, the Service Provider and the User stipulate the exclusive jurisdiction of the Pest Central District Court or the Capital Court for any legal dispute related to the Service contained in these GTC.
Copyright statement
The content appearing on the www.ketoklub.hu website is protected by copyright. Rácz András, as the operator of the website and www.ketoklub.hu, declares that he uses the copyrighted audio and visual materials appearing on the Service’s web pages as the copyright owner or by virtue of the right assigned to him by a third party in a contract with him. All other content appearing on the site is considered the intellectual property of Rácz András both individually and as a whole.
By purchasing the Service, the Users of www.ketoklub.hu acquire a limited and non-exclusive right of use for private purposes in accordance with the provisions of the General Terms and Conditions (9. Rules for the use of products).
Rácz András grants a prior (non-exclusive and non-transferable) written permission to allow the website visitor to download, record and print the pages of www.ketoklub.hu in their original form, solely for personal use, but does not consent to make it accessible to third parties in any form, reproduce them or store them in an electronic database. Rácz András’ consent is required for any other use of the contents of the site.
DISCLAIMER
RÁCZ ANDRÁS AND THE PARTICIPANTS AT THE KETOKLUB SERVICE
General Information
The keto club team is not made up of doctors. The ideas, suggestions, practices, techniques, shared links we describe are informal and do not contain medical or psychological advice. We respect the work of doctors, we respect the medical protocol and we do not wish to interfere with medical treatments and/or to persuade our clients to overrule the decision of their treating physician.
If the client is undergoing medical treatment, is expecting/breastfeeding a child, or his physical, emotional, or mental condition requires it, ask for the opinion of his specialist before starting the exercises. We provide additional advice that is not intended to diagnose, does not replace a healthy lifestyle, medical care, and does not recommend that our customers stop their existing medical treatment, take their medications, or any medicine prescribed by a doctor, or change their dosage.
Therefore, it cannot be guaranteed that the techniques advised by customers will work in all cases. Our customers are therefore aware of their full responsibility and try any advice offered by András Rácz and the keto club team. In all cases, the client should use their best judgment and sound judgment to decide whether to try the exercises. If the customer experiences any negative effects, seek medical help.
I declare that I participate in the service at my own risk. The keto club team is not held responsible.
1.) This document is also concluded in electronic form. The contract governed by the following conditions is considered a contract concluded between absent parties pursuant to Act V of 2013 on the Civil Code (Ptk.), which regulations can be found on this form. and is created by accepting and answering the questions listed above. Everyone uses the diet at their own risk.
2.) Everyone uses the food diary at their own risk.
3.) Diets written for our customers are not a personalized diet, the description only contains offers and tips.
4.) The recommendation has a unique identifier. Publication/distribution/forwarding is permitted only with the permission of the owner.
5.) Before starting the diet, it is the client’s own responsibility and interest to consult a specialist about whether any element of the diet is contraindicated for him for any reason. Following the diet is an individual responsibility.
6.) Our customers must take care of purchasing the listed food themselves.
7.) The development photos (before and after photos), comments and personal messages of our customers can be used as a reference by the keto club team after the person has been de-identified by masking the name and face.