Terms and conditions

Please contact our friendly customer support with any questions:
Monday – Friday 09:00 – 17:00

E-mail: info@fitzum.com

Company details: Luminreach OÜ, Reg. Nr: 16790760, VAT: EE102646252

Terms of Service

Terms of use
These Terms of Use apply to the services offered by the service provider, Luminreach OÜ, registration number 16790760, registered office Mere pst 8-42, Tallinn ,10111 , Estonia and its authorised companies (hereinafter referred to as the “Service Provider”), website, portal and application monacofit.com (hereinafter collectively referred to as the “Portal”) (hereinafter referred to as the “Service”).

The Terms of Use of the Service (hereinafter referred to as the “Terms”) shall be binding on all persons using the Service and the Portal, whether or not such person is a registered user of the Portal (hereinafter referred to as the “User”).

Other terms and conditions of the Portal shall come into force simultaneously with the use of the Service, including the visit to the Portal. If a User uses the Service and uses the Portal or performs any actions therein, the respective User shall be deemed to have read and agreed to be bound by the Terms in force at the time of use.

Any User who does not agree to any of the terms of the Terms shall not be entitled to use the Portal and the Service.
These Terms and Conditions apply to all matters to which the laws in force in the Republic of Estonia on the use of the Services cannot apply and constitute the entire agreement between the Service Provider and the User. If any provision of these Terms and Conditions is held by a court to be invalid or unenforceable, the remaining provisions of these Terms and Conditions shall remain in full force and effect.
The Service Provider reserves the right to unilaterally amend and/or modify the Terms at any time. The Terms shall enter into force upon their publication on the Portal. It is the User’s responsibility to follow and familiarize themselves with the Portal’s Rules and to comply with them.

These Terms shall be deemed to be a service contract between the Service Provider and the User, concluded for an indefinite period of time. The User has the right to unilaterally terminate the use of the Service by discontinuing payment. The Service Provider shall have the right to unilaterally terminate the provision of this Service to the User without prior notice to the User and stating the reason for termination, in accordance with the breach under these Terms.

Service
The service is a membership programme that includes information on healthy living, nutrition and physical activity. The information published on the portal is for information purposes only and is not a substitute for professional medical advice, diagnosis or treatment. If the User has any concerns about the information provided on the Portal or has questions about his/her health, the User should consult a doctor or other health care professional. The User uses the Service at his own risk and responsibility.
By using the Service and the Portal, the User confirms that he/she is in a physically fit condition to perform vigorous physical activity and to follow a general dietary plan. The Service may not be suitable or recommended for all disability groups, including but not limited to people who have a specific medical condition or who have special dietary needs.
Not recommended for pregnant women. The service is open to persons over 18 years of age.
The Service, including but not limited to workout and diet plans, may be customized to the answers provided by the User when registering for the Service. Accordingly, the Service Provider encourages the User to answer all questions as honestly and truthfully as possible.
Before User commences use of the Service, User confirms that his/her participation in the Service has been specifically approved and authorized by a physician or that all of the following statements are true:
no doctor has ever informed the User that the User has a heart condition or that the User should only do physical activity recommended by a doctor;
The user has never felt chest pain when engaging in physical activity;
The user has not experienced chest pain in the last month without physical activity;
The user has never lost his balance due to dizziness and has never lost consciousness;
The user has no bone or joint problems that could be aggravated by a change in physical activity;
The user is not currently taking any medications prescribed by a doctor to treat blood pressure or heart problems;

The User has no history of high blood pressure and no member of the User’s immediate family has a history of independent high blood pressure problems or cardiac problems;
The user is not pregnant, breastfeeding or lactating;
The user is not at risk of high cholesterol, diabetes and obesity;
The user does not have arthritis;
The User is not aware of any reason why the User should not follow physical activity and nutrition plans.

The User must immediately stop using the Service if at any point during the use of the Service the User does not feel well and, if necessary, seek medical attention.
Although the Service Provider provides guidelines, such as written descriptions, pictures or videos, describing how to perform certain exercises or activities, the User assumes full responsibility for the correct performance of these exercises or activities.
The Service may include, but is not limited to, applications, email services, messages and bulletin boards, chat areas, newsgroups and downloadable mobile applications related to the services available on the Website.

The Portal may contain links to third party websites or services for the content of which the Service Provider is not responsible. The Service Provider shall not be liable for any damage caused to the User by third party websites.
Technical process for purchasing the service
In order to receive the Service offered on the Portal, the User must register according to the registration procedure set out on the Portal.
When completing the registration form, the User must provide true, complete and up-to-date information.

In order to register on the Portal and receive the Service, the User must perform the following or other actions (as instructed by the Portal):
complete the test available on the Portal;
after the test has been completed, provide your e-mail address to which the Service Provider will send the User information about the receipt of the Service;
if the User chooses to become a PRO Service account user by monthly automatic payment, the User must choose the most appropriate payment system to pay for the Service;
take all necessary steps to pay for the Service;
complete the registration form.

Upon successful registration, payment and completion of the test, the User will receive a notification of successful registration for the Programme and access to the Service to the email address provided.

Quality of service
The Service is provided “as is”, which means that the Service Provider does not warrant that:
The service meets the User’s requirements;
The service is free from technical errors, technical interruptions, security holes;
The service will be available anytime, anywhere.
The service is provided for information purposes only and should not be regarded as medical advice, recommendation or guidance.
The nutrition and activity plans developed by the provider, although individually designed, do not constitute medical advice, diagnosis or treatment.
The Service Provider shall have the right to unilaterally terminate the cooperation with the User at any time and for any reason, including if it suspects that the User has provided false data in the registration form or suspects that the User has purchased the Service fraudulently.
Information about the Service on the Portal is continuously updated, changed and improved. Accordingly, prices, descriptions and other information about the Services available on the Website may be incorrect or incomplete.
Payment for the Service
In order to receive the Service, the User agrees to provide the information necessary for the successful payment transaction for the Service, including, but not limited to, the account or credit card number, credit card expiry date and/or the name of the person making the payment.
By paying for the Services, the User represents and warrants that:
is entitled to use a credit card or other payment method to pay for the Service;
the information provided is true, correct and complete.
By submitting the information set out in paragraph 5 of these Terms and Conditions, the User is informed that the Service Provider may transfer this data to payment processing service providers for the purpose of payment processing.
When a User selects and purchases a Subscription Service, payments will be made automatically, once per month.

User account
In order to use the Service, the User must become a registered user by completing the registration form on the Portal. The User is responsible for maintaining this account and for not granting access to this account to others.
The User is informed about the processing of the personal data indicated in his/her profile, which is explained in more detail in the Privacy Policy. After creating an account on the Portal, the User is responsible for the use of this account.
Each User’s account on the Portal is created individually for each User and is intended for individual use, the User is not entitled to transfer his/her account to another person.

The Service Provider shall be entitled to suspend the User’s account without refund if:
the User has provided false, incorrect data during registration;
The user has transferred his/her account to another person;
suspected fraud, unauthorised or illegal transactions
the User has otherwise breached these Terms.

The Service Provider shall not be liable for any suspension or termination of the User’s account.
The Service Provider also offers a PRO Service Account, which offers additional features such as direct communication with a nutritionist and trainer, additional workout plans and more. If the User chooses to become a User of this PRO Service Account, the User must specify and provide information about the preferred payment method (e.g. credit card, PayPal payment method or any other payment method offered by the Service Provider).
Upon activation of the User’s PRO Service account status, the User agrees that, depending on the payment method chosen by the User, the PRO Service subscription fee will be automatically charged. User agrees that this fee will be automatically deducted from User’s account once per month until User opts out of the program. User agrees to pay all subscription fees and other charges associated with User’s PRO Service account.
The User has the right to close or delete his/her User account by taking the appropriate actions on the Portal or by contacting the Service Provider by e-mail: info@fitzumc.om
Upon deletion of the User’s account, the Service Provider has the right to delete all information about the User, including but not limited to diet plans, weight analysis, online consultations with a nutritionist.

Service fee refund
The User has the right to request a refund of the Service fee within 14 days of payment for the Service, unless otherwise stated on the Portal or in the Service description. In order to request a refund, the User must contact the Service Provider by e-mail: info@fitzumc.om, enclosing proof of payment and a request for a refund (form for exercising the right of withdrawal, sample).
If the User is not satisfied with the results for any reason, the Service Provider guarantees a refund on the same working day after receipt of the request.
If the Service Provider finds the User’s complaint to be unfounded and the User does not agree with the finding of the complaint to be unfounded, the User shall have the right to use the alternative dispute resolution options provided for in the regulatory enactments by submitting to the Service Provider a written application for out-of-court dispute resolution, indicating:
name, contact details
the date of submission of the application;
the nature of the dispute, the claims and the grounds on which they are based
Online dispute resolution (ODR) information: if there is a problem with a product bought online, the customer can use the ODR platform to lodge a complaint, which will be handled by an independent dispute resolution body. Link to the SIT platform: ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
The User may, at any time, freely and free of charge, unsubscribe from the Service in his/her profile (in the “Profile” sections).
Competitions, promotions and advertising
If the User has provided his/her consent at the time of registration for the Service, the Service Provider may process the User’s e-mail address in order to inform the User about various types of news related to the Portal and the Service, including promotional campaigns and other similar services. Further information on the processing of the User’s personal data for such purpose is available in the Privacy Policy.
Any competitions or other promotions (“Promotions”) available on the Website may be governed separately from these Terms. You are advised to read the Terms and Conditions before participating in any Promotions. If the terms of an Advertisement conflict with these Terms, then the terms of the particular Advertisement shall prevail.

The User may at any time unsubscribe from receiving Advertisements by following the relevant instructions in the e-mail or by writing to the Service Provider’s e-mail address: info@fitzum.com

Intellectual property
The Service Provider owns the exclusive rights to all information contained on the Website. Consequently, any third party processing of content, design, redistribution of data and/or other use and redistribution of information from the Portal without the permission or written consent of the Service Provider is a violation of copyright and other rights punishable under the laws of the Republic of Estonia.
In cases of infringement of intellectual property rights, the Service Provider shall be entitled to hold the guilty party liable and shall be fully responsible for all damages (including lost profits) suffered or likely to be suffered by the Service Provider and third parties.
Responsibility of the service provider
The Service Provider shall not be liable in any way for any damages suffered by the User in the event that the User has not complied with these Terms and/or has not followed the recommendations of the Service Provider’s experts.
The Service Provider shall not be liable in any way for any damage caused to the User or third parties as a result of the menus or other materials provided on the Portal.
The Service Provider shall not be liable in any way for the actions of Users and damages caused to third parties.

Processing of personal data
The User’s personal data provided to the Service Provider through the Service or the Portal is processed in accordance with the Service Provider’s Privacy Policy.

Dispute resolution
All disputes between the Service Provider and the User shall be settled by negotiation. If disputes cannot be resolved in this manner, they shall be settled in the courts of the Republic of Estonia in accordance with the Terms and Conditions and the laws and regulations of the Republic of Estonia.

Privacy Policy
This Privacy Policy informs you about how Luminreach OÜ, registration number: 16790760, registered office: Mere pst 8-42, Tallinn ,10111 , Estonia
(hereinafter “Fitzum”, “we”) processes personal data when providing weight loss and slimming services (hereinafter “the Service”) and managing the website, portal and application monacofit.com (hereinafter together “the Website”).
The controller of the processing of personal data is Fitzum, registration number: 16790760, registered office Mere pst 8-42, Tallinn ,10111 , Estonia
. E-mail: info@fitzum.com

What personal data do we process?
We process your personal data for various purposes when you register for the Service, take various actions in your user profile or visit our Website. In certain cases, the processing of your personal data is necessary for the provision of the Service. In other cases, where the processing of personal data is not strictly necessary, we will indicate this, for example by giving you the choice to provide data if you so wish.
The information you enter on the Website before registering your profile by taking the information test is not stored or otherwise recorded in our information systems.
In order to register new customers for the Service, identify existing customers, provide access to a user profile, and administer a user account, we process your name, email address, telephone number, gender, age, payment information, and other information that you have provided when registering for a profile.

In order to provide you with a personalised Service, a diet and exercise plan and other recommendations and advice related to the Service, we process the data you provide describing your eating habits, health status, pregnancy or breastfeeding information, fitness level and other health-related data.   Such personal data is considered special categories of personal data and is therefore processed with special care and on the basis of your explicit consent. The health data you provide is processed only after you have made payment for the Service.   Due to the specific nature of the Service, we inform you that we will not be able to provide the Service unless you have provided your explicit consent to the processing of special categories of personal data. If you do not provide consent, we will refund your payment for the Service.

In order to comply with applicable laws and regulations, for example in relation to payment processing and bookkeeping, we process information relating to payments made.

We process your name, email address and/or telephone number in order to inform you about various news related to the Service and to send you personalised advertising or other marketing communications. We will only send you information of this nature if you have consented to receive it when you registered for the Service.   Please be advised that you have the right to opt-out of receiving such communications at any time by clicking on the relevant link in any email or by contacting our customer service team at info@fitzum.com.  You may withdraw your consent to receive such emails by using the unsubscribe link provided in the email. If you withdraw your consent by emailing us at info@fitzumt.com, we will record this information in your profile within 2-3 working days.

For the purposes of marketing strategy, customer segmentation and analysis of the Service, we may process certain data that you have provided when registering for the Service, such as your age, the type of service you have chosen, as well as certain information that we obtain from cookies.

In order to provide you with customer support, advice and to resolve any issues or disputes that may arise in connection with your receipt of the Service, we will process your name, contact details, details of your profile and any information you provide in a conversation with an adviser or customer service representative.

To ensure the security of our databases, internal systems, Website and other infrastructure and to monitor the use of the Service, we may process various technical information that we obtain from cookies, audit trails and other similar technologies.

In order to predict and offer you the most appropriate, effective diet and healthy eating solutions and to help you achieve your Service goal, we may collect and analyse, or profile, certain Service User information. In conducting such profiling, we use only a precise, minimal amount of data, such as the relationship of weight changes to a particular type of diet. We conduct profiling based on our legitimate interest in providing the most appropriate, effective Service to the user. We do not make automated decisions based on profiling that may have legal consequences for you or adversely affect you as a data subject. By profiling, you are offered a diet and nutrition solution that has been successful for other users with similarly specified characteristics.

Duration of data processing and deletion of data
We will process your personal data for as long as any of the above purposes and legal grounds for processing exist. We assess the duration of the processing of personal data taking into account the requirements of the legal acts applicable to us, the limitation periods for claims set out therein, our legitimate interests or your instructions, for example if you withdraw your consent.
As soon as one of these purposes or legal bases for processing personal data no longer exists, we will delete or anonymise the data.

Recipients of personal data
In certain cases, we work with various service providers and data processors to support us in providing the Service. Accordingly, your personal data may be shared with service providers that provide server and maintenance services, email and content delivery tools, payment processing services, marketing, accounting, legal, IT and other services that we reasonably need.

Such service providers may only receive the personal data they need to provide the service, for example, we only share your payment data with payment service providers to the extent necessary to process your payment, to refund a payment you have received, or to deal with your complaints.
All service providers are only entitled to process your data on our instructions and may not use it for any other purpose. Such service providers must ensure data protection in accordance with the requirements of applicable law and the written agreement with us. If one of these service providers is located outside the EU and EEA, the transfer of personal data is subject to the requirements of applicable law, including the General Data Protection Regulation.
The service providers we choose are carefully selected and we require them to use appropriate means to protect the confidentiality and security of personal data.
In order to ensure the provision of the Service, the consultation and the security of your personal data, your data may be accessed by certain MonacoFit employees who have agreed to confidentiality obligations and who need the information to perform their job duties.
In certain situations, we may be legally obliged to transfer your personal data to law enforcement authorities, as well as to state and local authorities, if we have received a request to do so. We may transfer your personal data to these authorities for the establishment, exercise or defence of legal claims.
In any case, the data controller MonacoFit is responsible for the processing of your personal data.

Your rights
You have the right to access your personal data, request and receive all the information we process about you within one month.
If you wish to correct your data, you have the option to request a correction by contacting us or to make the correction yourself by logging into your profile.
In the event that we process your personal data on the basis of our legitimate interest, you have the right to object to such processing. In the event of such objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise and defence of legal claims.
You have the right to withdraw your consent at any time to the processing of data based on your consent. Withdrawal of consent will not affect the lawfulness of that processing prior to the withdrawal of consent.
You have the right to delete your data by logging into your profile. Please note that we will not be able to delete data that we are obliged to retain under applicable law. If you request erasure or object to the processing of data that is necessary for the performance of a contract with you and the provision of the Service, you may not be able to receive the Service or it may be more difficult for you to receive the Service.
If you wish to exercise any of these rights, please contact us in writing using the contact details provided here. We may need to verify your identity before providing you with information.

Contact
If you wish to exercise your rights, make a complaint or if you have any questions about this privacy policy, please contact us by email: info@fitzum.com (working hours: Monday – Friday 09:00-17:00).  Fitzum  Registration number: 16790760  Registered office: Mere pst 8-42, Tallinn ,10111 , Estonia
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Changes to the Privacy Policy
We have the right to amend this Privacy Policy from time to time. Amendments shall be effective and applicable from the time they are uploaded to the Website. In the event of a material change, we will notify you, for example, by posting a notice on your profile, on the Website or by sending you an email.
This Privacy Policy is effective from 25.08.2023

Cookie Policy
This website, the portal and the monacofit.com app (together, the “Website”) use cookies. If you have consented, cookies, web beacons and similar storage technologies may be placed on your device from which you access the Website, in addition to cookies that enable the functionality of the Website. This Cookie Policy sets out what cookies we use on our Website and for what purposes.
If you want to change your cookie settings and enable or disable each type of cookie individually (except mandatory cookies), click on the “Cookie Settings” button below.

Cookie settings
What are cookies and what do we use them for?
Cookies are small text files that are stored on your device when you visit our Website. The browser you use uses cookies to send information back to the Website on each subsequent visit so that it can recognise the user and remember the user’s preferences (such as language preference, registration and other settings). This will make your next visit more convenient and the Website more useful.
We use different types of cookies. When you access the Website, we may place mandatory cookies on your browser or device. Other cookies will be placed if you have given your consent. Please see below for details of the cookies that may be placed on your browser or device when you visit our Website.

Mandatory cookies
Mandatory cookies help to make the Website easy to use by providing basic functions such as page navigation, remembering language preferences, authorisations and form filling. The Website may not function without these cookies and they cannot be disabled. These cookies do not reveal the identity of the user and do not collect user information. They are stored on the user’s device until the browser is closed.

Analytical cookies
These cookies allow us to count visits to the Website and their sources so that we can evaluate and improve the features of our Website. They help us to know which areas of the Website are most and least popular and how visitors move around the Website. The information is processed in aggregate form. For analytical and statistical purposes, we use third party cookies, such as Google Analytics cookies, which may be stored on your device or browser independently.

Marketing cookies
These cookies provide advertising and marketing communications related to the user and their interests. They can be used by third parties, service providers, to create an interest profile and display relevant advertisements on other pages. These cookies do not directly store personal information but are based on unique browser and device identification. These cookies remember information about your visit to the Website and may be used to display personalised advertising on social networks and other sites. If you disable these cookies, you will be presented with less personalised advertising. For advertising purposes, we may use third party cookies such as Facebook or Google cookies, which may be stored on your device or browser independently.

Managing cookies
When you visit the Website, you will be shown a notice that the Website uses cookies and you will be asked for your consent to the use of analytics and marketing cookies. If you wish to withdraw your consent or change your cookie settings, you can do so by clicking on the “Cookie settings” button above.
You can withdraw your consent to analytics and/or marketing cookies, as well as delete previously stored cookies, by deleting the cookie history in your browser. You also have the option to set your browser to block cookies. By clicking on the “help” button on your browser, you can find instructions on how to prevent your browser from storing cookies, what cookies have already been stored and, if you wish, how to delete them. Changes to the settings should be made for each browser you use.
You can also opt-out of Google Analytics cookies separately by installing the Google Analytics opt-out browser add-on tool, which prevents the exchange of site visit information with Google Analytics. Link to this tool and more information: https://support.google.com/analytics/answer/181881.

Contact
If you wish to exercise your rights, lodge a complaint or if you have any questions regarding this Cookie Policy, please contact us by email: info@fitzum.com (working hours: Monday – Friday 09:00-17:00).  Fitzum, registration number: 16790760, registered office:
Mere pst 8-42, Tallinn ,10111 , Estonia

Changes to the Cookie Policy
We have the right to amend this Cookie Policy from time to time. Amendments shall take effect and apply from the time they are uploaded to the Website.
This Cookie Policy is effective from Luminreach OÜ