TERMS AND CONDITIONS OF CONTRACT

This contract governs the provision of services through the website https://handpoke-course.com/ , owned by Anna Zaits and Mariia Ismagilova, under the trademark Anna Zaits & Mariia Ismagilova.

Acceptance of this document means that the Client:
Has read, understands, and acknowledges the information contained herein.
Is a person with sufficient capacity to enter into a contract. Accepts all obligations set forth here.

These terms will be valid indefinitely and will apply to all contracts concluded through the website of Anna Zaits and Mariia Ismagilova.

The content of these terms and conditions, as well as any information contained on this website, may be changed and updated without prior notice. These changes take effect as soon as the updated terms are published on the website. The Client/Student will be subject to the terms and conditions in effect at the time of registration/purchase on the website.

Identity of the contracting parties

On one side, the provider of goods or services ordered by the Client is Anna Zaits and Mariia Ismagilova, hereinafter referred to as Anna Zaits and Mariia Ismagilova, located at Av. Dom Carlos I 146, 1 esq. Lisbon, Portugal 1200-648, NIF 516910299, phone number +351 924 365 700, and email info@edu.handpoke-course.com

On the other side, the Client, registered on the website using a username and password, is fully responsible for their use and safekeeping, and is also accountable for the accuracy of the personal data provided to Anna Zaits and Mariia Ismagilova.

Subject of the contract

This contract is intended to regulate the contractual relations of purchase and sale that arise between Anna Zaits, Mariia Ismagilova, and the Client when the latter checks the corresponding box during the online order process. The contractual relationship of purchase and sale involves the provision of a specific service in exchange for a specified price publicly indicated on the website.


Definitions

Within the framework of these terms and conditions and on the website of Anna Zaits and Mariia Ismagilova, the following terms are defined as follows:

- Client: The party entering into a contract with Anna Zaits and Mariia Ismagilova. The Client can be either an individual over the age of 18 or a legal entity.

- Student: An individual designated by the Client to Anna Zaits and Mariia Ismagilova as the recipient of online courses provided by Anna Zaits and Mariia Ismagilova. The Student may also be the Client if they have reached the age of majority.

- Website: The virtual learning platform available to the Client/Student from Anna Zaits and Mariia Ismagilova under these terms and conditions. Website URL: https://handpoke-course.com/

This website is owned by Anna Zaits and Mariia Ismagilova (Av. Dom Carlos I 146, 1 esq. Lisbon, Portugal 1200-648, NIF 516910299, phone number +351 924 365 700, and email info@edu.handpoke-course.com ).

- Training: The means of distance learning provided to the Student by Anna Zaits and Mariia Ismagilova.


Contract Procedure

To gain access to the services offered by Anna Zaits and Mariia Ismagilova and to enter into a contract, the Client must register on the website by creating a user account and checking the "Accept" box at the end of the relevant page. For this purpose, the Client must voluntarily provide their personal data, which will be processed in accordance with current personal data protection regulations as outlined in Section 13 of this document – Privacy Policy.

The Client/Student will select a username and password, committing to use them diligently and not disclose them to third parties. In case of loss or theft, or possible unauthorized access by a third party, the Client must notify Anna Zaits and Mariia Ismagilova so that immediate blocking can be arranged.

Once the account has been created, it is stated that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contract procedure will be as follows:


1. General terms of the contract.
2. Order delivery.
3. Right of withdrawal.
4. Claims.
5. Force majeure.
6. Jurisdiction.
7. Obligations and responsibilities of Anna Zaits and Mariia Ismagilova.
8. Obligations and responsibilities of the client.
9. Training confirmation.
10. Financial provisions.
11. Advertising.
12. Intellectual property.
13. Data protection.
14. Severability.
15. Suspension or termination of the contract.
16. Applicable law and jurisdiction.


1. GENERAL TERMS OF THE CONTRACT

Unless specifically agreed upon in writing, access to the service implies the acceptance by the Client/Student of all these legal terms. Any condition that has not been expressly accepted in advance and in writing by Anna Zaits and Mariia Ismagilova remains non-contestable with regard to Anna Zaits and Mariia Ismagilova, regardless of when or under what circumstances it became known or had any commercial significance to the party.

All clauses forming this agreement hold legal significance, even if they are not applicable. It is not possible to selectively interpret or contest any clause without causing a waiver by Anna Zaits and Mariia Ismagilova, considering the conditional clauses that constitute the agreement mentioned below (invalid and unenforceable conditions).

2. ORDER DELIVERY

Anna Zaits and Mariia Ismagilova will not send an order confirmation until payment has been confirmed.

3. RIGHT OF WITHDRAWAL

The Client/Student has the same rights and timeframes to return and/or claim possible defects in the service both online and offline, provided that the course has not yet started.

If the Client/Student is an individual, then in accordance with Regulation 6 of the European Communities (Consumer Protection in Distance Contracts) Regulations 2001, the client has the right to cancel the contract concluded at a distance within 14 working days without giving any reason. If the Client/Student exercises this right of cancellation, he or she will not incur any additional costs or penalties. This 14-day period will begin on the day the Client/Student accepts these terms and conditions.

Unless otherwise agreed between Anna Zaits, Mariia Ismagilova, and the Client, the client will not be able to exercise the right of withdrawal mentioned in this section once the training has begun.

Anna Zaits and Mariia Ismagilova remind that this right does not apply to legal entities.


4. CLAIMS

Any claim that the Client/Student deems appropriate will be addressed as soon as possible. Claims can be submitted via the following contact details:
Postal address: Av. Dom Carlos I 146, 1 esq. Lisbon, Portugal 1200-648, NIF 516910299, phone +351 924 365 700, and email info@edu.handpoke-course.com .

In the event of any claim or dispute, Anna Zaits and Mariia Ismagilova and the Client/Student agree to attempt to resolve the complaint or conflict amicably.

Online Dispute Resolution

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for online dispute resolution between the Client/Student and Anna Zaits and Mariia Ismagilova, without the need to go to court. This is carried out through the mediation of a third party – a Dispute Resolution Body, which acts as a neutral intermediary and engages in dialogue with both parties to reach an agreement. The body may propose and/or impose a resolution to the conflict.
ODR platform link: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

Anna Zaits and Mariia Ismagilova are not liable for any failure to fulfill obligations caused by unforeseen circumstances or reasons beyond their control, including but not limited to cases of force majeure, civil disturbances, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, business closures, or shortages of transportation, resources, fuel, energy, labor, or materials.

In the event of delays, Anna Zaits and Mariia Ismagilova may be excused from fulfilling their obligations for the duration of the circumstances causing the delay or obstruction.

6. JURISDICTION

The Client/Student may not transfer, assign, or delegate the rights, responsibilities, and obligations under this contract.
If any of these conditions are found to be invalid or unenforceable, this will not affect the validity and legality of the remaining conditions.
The Client/Student declares that they have read, understood, and accepted these General Terms in full.



7. OBLIGATIONS AND RESPONSIBILITIES OF Anna Zaits and Mariia Ismagilova

7.1. Continuity and Consistency of Service Delivery

Anna Zaits and Mariia Ismagilova commit to applying all their resources to provide, ensure the availability, and deliver services as outlined in this document, and they commit to fulfilling their duties as service providers to the best of their abilities.

Anna Zaits and Mariia Ismagilova pledge to act with the utmost care and attention and to provide high-quality services in accordance with generally accepted practices, except in cases where the service may be suspended under special instructions.

Thus, Anna Zaits and Mariia Ismagilova are obliged to provide 24/7 access to services, provided they can guarantee service delivery based on network conditions (subsequent network performance).

Anna Zaits and Mariia Ismagilova reserve the right to interrupt service through their server to carry out necessary maintenance work, improve network performance, or for other operational reasons related to maintenance.

Without affecting their rights and responsibilities, Anna Zaits and Mariia Ismagilova promise to notify the Client/Student within a reasonable time frame of any scheduled maintenance, allowing the Client/Student to make alternative arrangements.

The Client/Student acknowledges that training may become unavailable if they are unable to access the Internet or the website. Anna Zaits and Mariia Ismagilova are not responsible for the Client's inability to access training under such circumstances.

In particular, the Client/Student is responsible for ensuring their own virus protection and keeping their browser version up to date. Anna Zaits and Mariia Ismagilova are not liable for any viruses transmitted through the website.

Additionally, Anna Zaits and Mariia Ismagilova are exempt from any liability for unauthorized access to computer systems or data theft resulting from such access. However, Anna Zaits and Mariia Ismagilova take appropriate measures to prevent illegal intrusions. Anna Zaits and Mariia Ismagilova will not, under any circumstances, be liable for damages related to such incidents, including losses from business interruptions, loss of profit, devaluation, or any related costs or expenses.


7.2. Service Quality
Anna Zaits and Mariia Ismagilova commit to providing services with due diligence and care, delivering high-quality services in accordance with generally accepted practices. Services may only be suspended at the request of administrative authorities.

If the training organized for the Client/Student is suspended by a decision of the competent authorities, Anna Zaits and Mariia Ismagilova will refund the Client or offer a credit valid for one year, equal to the value of the course in question.

The parties agree that Anna Zaits and Mariia Ismagilova reserve the right to modify the services without prior notice.

7.3. After-sales Service

Anna Zaits and Mariia Ismagilova commit to providing the Client with the necessary support regarding the purchased online training. The Client may contact Anna Zaits and Mariia Ismagilova for any questions related to the training via email: info@edu.handpoke-course.com

7.4. Prolonged Inactivity on the Website

Anna Zaits and Mariia Ismagilova reserve the right to delete Client information in the event of prolonged inactivity, defined as a period exceeding 40 days.


7.5. General Disclaimer of Liability

The services are not personalized, and thus, the use of the services is at your own risk. We expressly disclaim any explicit or implied warranties, as well as any other guarantees that may be provided by law. Without prejudice to the foregoing, we cannot state or guarantee that the Services and/or Products:

- Are specifically suitable or safe for any particular user;
- Meet your personal needs or will directly lead to any particular result for your body or mind. We do not guarantee any outcome other than the provision of services in accordance with the qualifications and experience of our professionals;
- Are allowed in your jurisdiction.

The use of any information obtained during the training is done entirely at your own risk.

Anna Zaits and Mariia Ismagilova do not monitor the technique and accuracy with which you perform exercises during the training. Under no circumstances will Anna Zaits and Mariia Ismagilova be responsible for direct, indirect, incidental, special, consequential, punitive, non-contractual, moral, or exemplary damages, including but not limited to, damages from loss of enjoyment, loss of livelihood, pain and suffering, emotional distress, and/or any other tangible or intangible losses.

The website is continuously evolving, and we make no guarantees, either express or implied, regarding its accuracy, compliance, or suitability for any particular purpose.

Professional Advice and Medical Disclaimer

Our services provide information on health and fitness and are intended solely for informational purposes. Nothing stated or published on the website is intended to replace medical treatment, professional advice, diagnosis, therapy, or any kind of treatment. If you have any questions or concerns regarding your health, you should always consult a doctor or healthcare professional.



8. OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT

8.1. Introduction

The Client/Student expressly confirms that they have verified the compatibility between their request and the service offering, and fully acknowledges that they have received all the necessary information and advice from Anna Zaits and Mariia Ismagilova, so that this agreement can be valid and binding.
The Client is obliged to verify the identity of the student before their enrollment in the system of Anna Zaits and Mariia Ismagilova.
The Client guarantees that they act under their sole responsibility if, as a result of access to the service, it is not performed in accordance with reasonable actions that may be taken by the Student, who has access and a password, and does not follow the general instructions for proper use initially provided by Anna Zaits and Mariia Ismagilova.
The Client, when the conditions are met, must inform the student of these terms and is responsible in this regard.
The parties to the agreement also acknowledge that Anna Zaits and Mariia Ismagilova have the ability to transparently modify the provision of services without the need for any prior procedures, except to inform the Client/Student that the level of services already provided will be adjusted.
The Client/Student acknowledges that they have been informed about the regulations concerning safety (physical protection or security) and operational safety. The Client/Student bears sole responsibility for the consequences of not complying with these rules and terms.

8.2. Conducting the Training

The Client/Student agrees to ensure in advance that they have the necessary conditions to participate in the training. Access to the platform is provided directly through a computer connected to the Internet. Anna Zaits and Mariia Ismagilova are not responsible in the event of the absence or malfunction of such a connection.
The Client/Student will receive access credentials (username/password) from Anna Zaits and Mariia Ismagilova. Access to the online training provided by Anna Zaits and Mariia Ismagilova is strictly personal. Transferring access credentials (username/password) to third parties is strictly prohibited. The Client/Student agrees not to provide access to third parties under any circumstances, whether for free or for a fee. If the client is a company and the student leaves the company, the client agrees to deactivate their account or contact Anna Zaits and Mariia Ismagilova to remove outdated profiles.
The Client/Student agrees to diligently participate in the training. As part of the evaluation and to complete the course, the Client/Student expressly agrees not to receive any help or support from other people. Anna Zaits and Mariia Ismagilova also ask each Client/Student to confirm this commitment before completing each task.


8.3. Client's Responsibility Towards the Student

By creating a Client/Student profile on the website, the Client expressly agrees to pay for any registration initiated by the designated Client/Student.



9. FINANCIAL PROVISIONS

9.1. Prices and Billing

Anna Zaits and Mariia Ismagilova commit to displaying course prices in the most transparent way possible. Applicable prices are those shown on the website at the time of order placement. Prices are listed in euros and include VAT. They may be changed at any time without prior notice.
All orders are processed and paid in euros. The Client is solely responsible for paying the invoices issued to them. The full cost of the training is paid at the beginning of the purchased course.

9.2. Payment Methods

For course payments, the client can use a bank card, PayPal, Bizum, Masterpass, or V.me by Visa. All payments must be made in full at the time of course purchase. The following bank cards are accepted: VISA, MASTERCARD, AMERICAN EXPRESS, MAESTRO, DINERS CLUB, JCB, and Union Pay. The Client guarantees to Anna Zaits and Mariia Ismagilova that they have the legal right to use the chosen payment method when confirming the order. The client acknowledges that by filling out the relevant fields, they provide payment information with full consent to make this payment to Anna Zaits and Mariia Ismagilova for the total amount due.

At this stage, the Client/Student will be required to fill in the fields with their bank card number, expiration date, and security code. All stages of the payment process are fully encrypted and secure. Information related to the order and the card number is not transmitted through the Internet unencrypted. The card number is not printed on documents, invoices, credit card receipts, or any other payment evidence. Furthermore, Anna Zaits and Mariia Ismagilova never have access to the Client/Student's payment information. The payment gateway does not store card numbers once the payment operation is completed and the information is transferred to Anna Zaits and Mariia Ismagilova.

9.3. Order Process and Confirmation

Registration can only be made online through the website. By registering for training, the client irrevocably accepts these terms and conditions and can only challenge them in limited cases provided in this agreement. Therefore, Anna Zaits and Mariia Ismagilova cannot be held liable for any failure or improper execution of services if it is caused by incorrect client information.

9.4. Order Confirmation

The Client is sent an order confirmation as soon as their order is processed. This serves as legally binding proof of the order when combined with the original invoice.

9.5. Evidence

In the event of disputes concerning the nature of services provided by Anna Zaits and Mariia Ismagilova or the Client/Student's use of the website, information stored in the electronic payment system and automatically collected by Anna Zaits and Mariia Ismagilova may be used as evidence between both parties.

10. Advertising

In certain cases, Anna Zaits and Mariia Ismagilova may use the Client/Student's name and/or feedback for advertising purposes, but only with the express permission of the client.

11. Intellectual Property

The Client/Student is prohibited from transferring, altering, or exchanging the license rights and obligations under this agreement, except in cases where changes are pre-agreed and documented in writing with Anna Zaits and Mariia Ismagilova. This agreement excludes any transfer of ownership rights from Anna Zaits and Mariia Ismagilova to the Client/Student.

12. Privacy Policy (Personal Data Protection)

Anna Zaits and Mariia Ismagilova are responsible for the processing of the Client/Student's personal data and informs that such data will be processed in accordance with Regulation (EU) 2016/679 of April 27 (GDPR) and Organic Law 3/2018 of December 5 (LOPDGDD), providing the following information regarding data processing:

Purpose of Processing
Providing distance learning through the platform of Anna Zaits and Mariia Ismagilova.

Data Processing

In addition to the data collected during registration, the system may record other data such as login times, session duration, and other parameters to ensure quality service. Anna Zaits and Mariia Ismagilova use a secure payment system and guarantee that they do not collect or have access to the Client/Student's payment information.

Planned Processing Operations

- Sending important notifications, such as information about purchases and changes in the terms and policies of Anna Zaits and Mariia Ismagilova. These notifications are mandatory for interaction with the system.
- Sending commercial messages about new courses and updates via email, SMS, social media, and other channels.
- Processing requests and orders received from the Client/Student.
- Conducting statistical research.
- Sending newsletters.

Data Retention Criteria

Data will be retained as long as there is mutual interest in processing it. After that, the data will be deleted with security measures to ensure anonymization or complete data destruction.

Data Disclosure

Personal data will not be disclosed to third parties, except when required by law, legal proceedings, or at the request of authorities.

Client/Student Rights

- The right to withdraw consent to data processing at any time without affecting the legality of the processing carried out before the withdrawal.
- The right to access, correct, and delete personal data, as well as to restrict or object to its processing.

Contact Information for Exercising Rights
Anna Zaits and Mariia Ismagilova, located at Av. Dom Carlos I 146, 1 esq. Lisbon, Portugal 1200-648, NIF 516910299, phone +351 924 365 700, and email info@edu.handpoke-course.com

Mandatory or Voluntary Nature of Provided Data

The Client/Student guarantees that the personal data provided to Anna Zaits and Mariia Ismagilova is accurate and agrees to notify of any changes.

If data is not fully provided, the company does not guarantee that the services will meet your needs.

Security Measures

Anna Zaits and Mariia Ismagilova comply with all GDPR regulations concerning the processing of personal data and guarantee that appropriate technical and organizational measures have been implemented to protect the rights and freedoms of Clients/Students.

Privacy Policy Updates

Anna Zaits and Mariia Ismagilova may update their privacy policy as necessary. Significant changes will be published on the website along with the updated policy.

13. Severability

If any of these terms and conditions are deemed illegal, invalid, or unenforceable, such a condition will be considered separable and will not affect the validity and enforceability of the remaining conditions.

14. Suspension or Termination of the Contract

Anna Zaits and Mariia Ismagilova may suspend or terminate Client/Student access to services and training, in whole or in part, without prior notice, if:

- The Client/Student fails to comply with any obligations set forth in this document or violates applicable laws, licenses, regulations, codes of practice, or usage policies.

- For any reason, Anna Zaits and Mariia Ismagilova suspend or discontinue the provision of services.

15. Applicable Law and Jurisdiction

These terms are governed and interpreted in accordance with Portuguese law in aspects that are not explicitly covered. Anna Zaits and Mariia Ismagilova and the Client/Student agree to submit to the jurisdiction of the courts at the Client/Student's place of residence. If the Client/Student resides outside of Portugal, the parties expressly waive any other forum, submitting to the jurisdiction of the courts closest to the city of Portugal.