Terms and Conditions
TERMS OF USE OF THE WEBSITE, APPLICATION, AND SERVICES
Welcome to ICHOR Fitness P.C., a company situated at Laskou V. 86, Papagou 15669, Athens Greece, with registration number 168053201000 (the “Company”). This text is intended to inform our clients about the terms that apply to the safe and legal use of our services, whether provided in person, via videoconference, and/or through the use of our website portal and mobile application. Please read the following information carefully, regarding internationally recognized terms and conditions.
The Company may at any time modify the terms and conditions of website, application, and services, and clients/visitors must always check for possible changes. If you continue to use the website, application, and services, it is presumed that you explicitly and unconditionally accept the modified terms and conditions. Please note that, by using our website, application, and services, it is assumed that you unreservedly accept all the terms herein.
The Company’s services refer to the direct and taped transmission of personal fitness training and nutrition programs as well as online fitness and nutrition coaching, which may be customized to suit the needs and capabilities of individual clients. Company representatives are professionals whose qualifications are clearly described on our website. The programs provided to you by them will be based on our professional expertise and our assessment of your personal needs, expectations and capabilities.
The website application, and services are addressed exclusively to clients over eighteen (18) years of age. The Company does not bear any responsibility for the use of the website, application and services by minors, who have stated false information, while at the same time reserves the right to compensation by those legally responsible for any damage suffered by their false statement.
In order to enjoy our website, application and services, you will need to register as a member of ICHOR. Programs and one-off services are available for purchase and the price of the subscription will be proportional to the package of services and the duration of those you choose.
Registration and Membership – In order to use our services, you will first need to register and open a member account through purchase on our webshop under the payment terms described therein or upon invitation by Ichor staff. Upon purchase of a program, a contract will be issued between you as a member and the Company referencing the terms herein and you will receive accesses which will allow you to use our platform and access your selected program. The electronic submission of the registration or purchase is considered acceptable as a signed document. By virtue of this agreement, you as a member acquire the right to have access to the services you purchased.
To purchase services, you may be redirected to another website (such as VirtuaPay, Paypal or Viva Wallet) to complete your purchases. If necessary, the intermediary may collect payment information to facilitate the transaction. We do not process or keep copies of your credit card for your transactions on the website. This information is processed directly by the contracted transaction provider.
ICHOR Fitness reserves the right to accept or reject, at its sole discretion, any application for membership. If the application of a candidate member is accepted by ICHOR, the registration is considered to be complete on the date the subscription is paid.
Membership (and generally all rights arising from it) is strictly personal and non-transferable in any way and to any third party. Lending or granting the use of access codes to any third party and reproducing any training or nutrition plans is prohibited. The Company does not bear any responsibility for any harm or injury caused to a third party who is following the training or nutritional advice intended for someone else, while at the same time reserves the right to compensation by those legally responsible for any damage suffered as a result. The Company is not obliged to replace or transfer the purchased package/registration to another user/member. Purchased programs are non-refundable and non-redeemable in case of non-use of the package selected by the member.
The Company reserves the right to block or expel or delete a member whose access may endanger the Company or other members, or third parties, or a member who in any way violates the terms herein. In case of exclusion, expulsion or deletion of the member for any of the above reasons, the Company is not obliged to refund the member or compensate him.
You have the right to terminate your contract, without stating the reasons, by submitting a written request to ichor@ichor.fitness. Following the above, you'll no longer have access to our content. Exceptionally, in case you exercise the right to cancel your program within 14 days from purchase, we will refund the subscription price you have paid, deducting what corresponds proportionally to the period of time you were a member of the program.
ICHOR Fitness services allow you to make use of your own equipment and resources whether at home, in a gym of your choice, on a vessel, while you travel, at any time and place of your choosing. Our team may recommend equipment and facilities that meet your needs, the supply of which is not included in the cost of the membership and may be purchased at your own expense, by a supplier of your choice. We advise that you contact a certified supplier who will also provide you with a guarantee for the products in question, so as to avoid any injuries during their use, due to material failure.
Disclaimer of Warranty – The use of the Company’s services is at your own risk. The information provided to you through videoconferences, on our website and on our application is not intended to replace, and does not in any way replace, medical advice. Do not start any exercise or nutrition plan if your doctor advises against it. The coaching given to you by Company’s representatives should not be interpreted as medical.
You accept and acknowledge that following the exercise and activity programs provided by the Company you engage in certain risks regarding various physical factors – harm and/or injuries, which are inherent in the participation in any physical activity or exercise and/or to the improper use of equipment.
You will be given guidance on how to perform the exercise programs and use any equipment safely. It is your responsibility to ensure that equipment and tools are in good working order and are properly installed. It is necessary to follow instructions and training protocols that will be given to you to avoid injuries. The Company assumes no responsibility in case of performing exercises/using equipment without following the instructions as well as in case of performing exercises/following nutrition coaching, that are harmful to your physical integrity, due to a reason that you have or have not informed us about. In the event that you feel unwell or become injured as a result of using our program, you should immediately cease and contact a medical specialist.
We make no representations or warranties that the use of our services will give you the desired result, since the actual outcome of the training/nutrition program depends on factors such as the correct or not use of the program, exercise adherence and frequency, physical condition, diet and other personal factors which we have no control over and for this reason we cannot be held responsible for.
Website and Application Content – Intellectual Property - The Company may change the content of the website and application at any time, even suspend access to the website, or terminate it indefinitely.
Anything provided in the form of advertising to members/visitors through the website is in no way, directly or indirectly, an encouragement, advice or prompt to perform any action but it is at the discretion of the member/visitor to evaluate the information provided and to act at its discretion.
The website and application and its content, such as the trademarks and insignia of the Company, the name and the distinctive title, services offered, including training programs and nutrition coaching, software intended for users, photos, images, graphics, texts, illustrations, audio and/or image files, (hereinafter: the “Content"), is the intellectual property of the Company (with the exception of copyrights of third parties, partners and entities, as well as the intellectual property of the software which belongs to the company that has built the website, the domain name, the source code and software) and is under the protection of the relevant intellectual and industrial property provisions of European law and international conventions and treaties.
This Content is expressly prohibited from being, either totally or partially, transferred, sold, assigned, conceded (with or without consideration), commercially exploited, copied, modified, reproduced, retransmitted, transmitted, distributed, sold or downloaded with or without any way or means by Users and / or any third party.
Users are obliged to compensate for any damage to the Company due to violation of rights of the same and / or third parties or misuse or illegal use of the Website’s content.
Links-Relations with third parties - The Website may contain links to other websites which are under the responsibility of third parties. The Company does not control the availability, content, privacy policy, quality and completeness of third party web sites services, as well as services and / or stores to which it may refer via links, hyperlinks and other actions. Therefore, the Company does not bear any responsibility for any problem that arises during the visit or use of third party website services or third party services.
The Company in no case should be considered to embrace or accept the content or services of the websites and pages to which it refers or that it links to them in any other way.
Personal Data - The management and protection of the personal data of the users of the website and members are subject to these Terms of Use, the Privacy which follows this text as well as the provisions of the European law on the protection of the individual with regard to the processing of personal data, as applicable.
Please study these texts carefully to understand our position and practice regarding your personal data and how we will handle it.
Statements & Disclaimers- The Company is not responsible for any claims of a civil or even criminal nature or for any damage by users of members to its website and application or third parties due to a reasonable inability to provide services, or any unauthorized interventions of third parties in services or information available through it.
The Company and its associates make every effort for the proper operation of the website and application, without guaranteeing that its operations or its servers will be uninterrupted or without any kind of error, free from viruses or other similar elements.
Applicable Law - The Terms of Use, as well as any modification thereof are governed by Greek law and the international terms of business, as incorporated into it. Any provision of the above terms becomes contrary to the Law, automatically ceases to be valid, without in any case affecting the validity of the other terms.
For any dispute between the Company and members, in relation to the interpretation and execution of the terms hereof, as well as in relation to the rights and obligations of the parties arising from the present, unless resolved amicably, it falls under the jurisdiction of the courts of Athens, Greece.
Contact information – In case you have any comments or questions about the terms of use/the registration process and membership rights, please contact ichor@ichor.fitness.
Notice on the application of the General Data Protection Regulation
On 25.5.2018, the new General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council, also known as GDPR, entered in force, strengthening the protection of personal data throughout the European Union.
ICHOR, with respect to your personal data, implements the new Regulation on its processing and informs you in detail accordingly. This Privacy Notice explains how we collect, use and protect any information about you. It also tells you how to get in touch if you have any questions, which we will be more than happy to answer.
This Notice applies to all the personal data we collect when you contact us by phone, email or through our site.
Personal data you give us
When you make a request to register our website, become a member or contact us for more information on our company’s activities you will be asked to provide certain information, which will at least include your name and contact details (email, address and phone number).
By registering to our website and application you acknowledge, accept and declare unconditionally that your registration and participation requires the creation of a personal data file, which will include the personal details and information that will be disclosed by you at the time of registration or during your participation in the program. This file will be kept by the Company for the purpose of supporting, promoting, performing and operating its services. Upon registering for the website program and application you provide your consent to the processing of your personal data in accordance with the above and for future communication with you in any way.
You are responsible for the correctness of all data transmitted and for keeping the information up to date so that such data reflects reality.
Personal data we collect automatically
When you make a request or purchase a program, we record the platform you made it on, and how you got to our platform (if you connected through another site, for example).
Even if you don’t end up making a request or purchase, we may automatically collect some information by just you visiting our site. This may include your IP address, which pages you’ve visited, which browser you’re using, and information about clicks. It might also include information about your computer’s operating system, its application version, language settings, device-specific setting and characteristics, and data that identifies your device.
If you’re using a mobile device, we might also collect location details. And we might analyse, and process basic data related to the apps installed on it (e.g. name, description and category).
Cookies
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our website, we may collect information from you automatically through cookies or similar technology
How do we use cookies?
ICHOR uses cookies in a range of ways to improve your experience on our website, including:
• Keeping you signed in
• Understanding how you use our website
What types of cookies do we use?
There are a number of different types of cookies, however, our website uses:
• Functionality – We use these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
• Advertising – We use these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address.
How to manage cookies
You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. As a result, however, there is a possibility that some of our website features may not function.
Why do we collect your data and for which purposes
We collect your data for the execution of our services upon your request. Taking into consideration that all programs provided (training and nutrition) are based on your personal physical condition, we will not be able to provide you with our services, unless certain personal data is collected.
We use your personal data indicatively for the following purposes :
1. Your identification and the communication with you in order to respond to your request.
2. Your registration as a member, your access to the content of the website and our application, the forming of your personal program, the monitoring of the program you have chosen and details of your progress.
3. The communication with you through our newsletters regarding our programs, policies, new digital ideas and platforms as well as special offers.
4. To manage our business activity, including developing new services, conducting customer research and evaluating the efficiency of our services and promotions.
To process your personal data we rely on the following legal grounds:
• Performance of a contract: We need to use your personal data to fulfil our agreement regarding the use of a program.
• Compliance with our legal obligations: The compliance of our company with the obligations imposed by the relevant legal, regulatory and taxation framework in force, as well as with the decisions of any authority (public, supervisory etc.) or Courts.
• The protection of the company’s property in regards to the programs and platforms you can upload from our site.
• Consent: We may rely on your consent to use your personal data in certain circumstances, for example direct marketing purposes (newsletters). You may withdraw your consent at any time by emailing ichor@ichor.fitness stating “Privacy” in the subject line without, however, affecting the legality of processing based on consent before its withdrawal.
What third parties do we share your personal data with and why?
There are a number of different business partners integrated in the services we provide with who we share your personal data such as training instructors and nutritionists. We will also share your data with other third parties, which may include payment service providers, technology host Virtuagym, accountants and advertising partners.
We may share your personal data with government or investigative authorities if we’re required to do so by law. And we may need to disclose personal data to competent authorities or our legal team, to protect and defend our rights or properties.
Security measures
We take appropriate technical and organizational measures to ensure the security and confidentiality of your personal data, their processing and protection from accidental or unlawful destruction, loss, alteration, prohibited transmission, dissemination or access and any other form of unlawful processing. Only authorised personnel can access personal data – and they’re only allowed to do so for specific, authorized reasons. Please note that we use Virtuagym as our central technology provider and Data Processor, so the information we collect is recorded directly in its database and we do not transmit information between our systems and its own. For the safe process of your information, Virtuagym has implemented appropriate and reasonable technical and organizational security measures designed for this purpose. We suggest you visit https://virtuagym.com and read through their Privacy Policy.
The above measures are applied in regards to the information collected through our videoconference interviews, our website and our application. If our website or application links you to other websites, those Websites do not operate under this Privacy Policy. It is apparent to review the Privacy statements posted on these other websites to understand their policy on the collection, use, and disclosure of Personal Information.
For how long will your personal data be stored?
Your personal information will remain and be stored on a secure server within Europe for as long as necessary to fulfill the purposes described in our private agreement (unless by law it is required to be kept for a longer period or it is necessary so as to resolve disputes with any parties). However, the Company cannot and does not guarantee that the Website, the information system or the transmission of data in general on the Internet or any other public network is 100% secure.
Who is responsible for the processing of personal data on our platforms?
Our company controls the processing of personal data on its platforms (Controller). If you have any questions, concerns, comments or complaints about our practices, or this Privacy Notice, please email ichor@ichor.fitness stating “Privacy” in the subject line, and we’ll get right back to you. Your personal online profile is kept by our technology host Virtuagym, that also acts as our Data Processor. Once you are no longer registered as a client at Ichor Fitness your personal data will remain saved by our host for as long as necessary, as per above.
What are your data protection rights?
Our Company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
• The right to access – You have the right to request for copies of your personal data that we keep.
• The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request our company to complete the information you believe is incomplete.
• The right to erasure – You have the right to request that we erase your personal data (only applied under certain conditions).
• The right to restrict processing – You have the right to request that we restrict the processing of your personal data (only applied under certain conditions).
• The right to object to processing – You have the right to object to our processing of your personal data (only applied under certain conditions).
• The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you (only applied under certain conditions).
You request regarding the above will be registered and responded by our company within 14 days. If you would like to exercise any of these rights, please contact us at our email ichor@ichor.fitness.
How to contact the appropriate authority
Should you wish to report a complaint or if you feel that our company has not addressed your concern in a satisfactory manner, you may contact the Personal Data Protection Authority at 1-3 Kifissias Av. Athens, Greece.