Terms and conditions of OKTO Physiotherapy Bio Center

SUBJECT MATTER

Art. 1. These General Terms and Conditions are intended to govern the relations between PHYSIOTHERAPY BIO CENTER EOOD, UIC 202875134, having its seat and registered office at city of Sofia, 16 Zlaten Rog St., office 6, hereinafter referred to in short as PROVIDER and the customers, hereinafter referred to as USERS of the training.okto.bg platform, which is hereinafter referred to in short as „OKTO”.

INFORMATION ABOUT PROVIDER

Art. 2. Information pursuant to the Electronic Trade Act and the Consumer Protection Act:

Provider’s name: Physiotherapy Bio Center EOOD;
Seat and registered office at city of Sofia, 16 Zlaten Rog St., office 6;
Address for conduct of business and address for service of user complaints: city of Sofia, 16 Zlaten Rog St., office 6;
Contact info: contact@okto.bg, phone +35924111010
Entry in public registers: UIC 202875134;
Supervisory bodies: Personal Data Protection Commission and Commission for Consumer Protection.
VAT registration No.: BG202875134

Art. 3. ОКТО is a platform for rendering of services, it is accessible on the internet at training.okto.bg, via which Users are able to enter into service use contracts for sets of exercises recommended by a kinesitherapist/physiotherapist of Physiotherapy Bio Center EOOD, inclusive of the following:

Making a registration and creating a profile;

View the various sets of exercises, their characteristics, and terms of use;
Enter into service use contracts with Provider for the set/s/ of exercises offered on the training.okto.bg platform;
Make any payments relating to the contracts entered into via the training.okto.bg platform, using electronic means of payment;
Receive information about new sets of exercises, as offered by Provider on the training.okto.bg platform;
Exercise their right of abandonment of contract, where applicable under the Consumer Protection Act.

Art. 4. Provider shall arrange in training.okto.bg delivery of the services and shall ensure the rights of Users, as stipulated by law, within the bona fide limits adopted in the day-to-day operations, the criteria and terms of the consumer or business laws.

Art. 5. (1) Users shall enter into service use contracts with Provider in the training.okto.bg platform, at this address: https:// training.okto.bg/. The contract shall be entered into in Bulgarian and shall be stored in Provider’s database in the platform.

(2) By virtue of the service use contract entered into with Users, Provider shall undertake to arrange use of the service on the training.okto.bg platform – a set of exercises for the period selected, paid for, and identified by the User via the platform’s interface. Users shall be entitled to correct any errors made during entry of information no later than service of notice of entry into contract with Provider on the training.okto.bg platform.

(3) Users shall pay to the training.okto.bg platform’ Provider a remuneration for using the service, according to the period of use selected. The remuneration shall amount to the price published on the training.okto.bg platform.

Art. 6. (1) User and training.okto.bg platform’s Provider hereby agree that any statements between them on account of entry into and performance of the service use contract may be made electronically and by way of electronic statements, within the meaning of the Electronic Document and Electronic Signature Act, and Art. 11 of the Electronic Trade Act.

(2) It shall be presumed that the electronic statements made by the website are made by the persons identified in the data made available by User upon registration, if User has entered the relevant name and the access password.

REGISTRATION TO USE ОКТО

Art. 7. (1) In order to use training.okto.bg to enter into service use contracts – sets of exercises, User must enter their selected name and remote access password or identify themselves via their profile in Facebook or Google, being therewith presumed to have accepted these General Terms and Conditions.

(2) The name and remote access password shall be selected by User when making an online registration on Provider’s website, on the training.okto.bg platform, according to the procedure stated therein.

(3) By entering their particulars, having made their choice of sets of exercises and pressed on the BUY NOW button, User shall declare their familiarity with these General Terms and Conditions, agreement to the latter’s content, and duty to adhere unconditionally to the GTC’s.

(4) Provider shall confirm via email the User-placed order. A User account shall be set up and contractual relations shall inure between User and Provider.

(5) When making a registration or ordering a set of exercises, User undertakes to provide true and up-to-date data. In case of change User undertakes to update their data, as stated in their registration or order.

TECHNICAL STEPS TO MAKE IN ORDER TO ENTER INTO A SERVICE USE CONTRACT

Art. 8. (1) Users shall use mostly the interface of Provider’s website on the training.okto.bg platform in order to enter into contracts for the use of the sets of exercises offered by Provider on the training.okto.bg platform.

(2) It shall not be allowed to use any service without registration having been made by User, the latter accepting these General Terms and Conditions at the time of such registration.

Art.9. Users shall enter into the service use contract on the training.okto.bg platform under the following procedure:

(1) Entry into the system for registration on the training.okto.bg platform.

(2) Selection of a set of exercises out of those offered by Provider on the training.okto.bg platform.

(3) Entry of the required User identification data as a party to the contract, including a password made available by a kinesitherapist.

(4) Choice of method and timing of payment of the price.

(5) Confirmation of the order for the set of exercises selected and the period of use thereof.

CONTRACT’S CONTENT

Art. 10. (1) Provider and Users shall enter into individual contracts for the use of each set of exercises as selected by Users, irrespective of the fact that those have been selected by way of one electronic statement.

(2) The Users’ rights relating to the services provided shall be exercised individually for each contract. The exercise of rights relating to any service provided - a set of exercises – shall not affect and shall have no impact on the contracts for the use of any other sets of exercises. In case User has the capacity of consumer, within the meaning of the Consumer Protection Act, then the exercise of the right to abandon a service use contract for a particular set of exercises shall not affect the contracts to use the other services (sets of exercises), as delivered to User.

Art. 11. When exercising the right to abandon a service use contract, User shall be obliged to identify accurately and unambiguously the set of exercises whereon User is exercising the right.

Art. 12. User cannot pay the price for individual contracts for the use of sets of exercises in lump. The price shall be paid separately for each set and for each period of use.

SPECIAL CLAUSES APPLICABLE TO PERSONS, WHO HAVE THE CAPACITY OF CONSUMER, WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT

Art. 13. The rights of this section of these General Terms and Conditions shall only apply to Users in regards to whom a conclusion may be drawn, according to the data provided for purposes of entry into a service use contract or upon registration in training.okto.bg, that they are Consumers within the meaning of the Consumer Protection Act, the Electronic Trade Act and/or Directive 2011/83/EC of the European Parliament and of the Council of 25 October, 2011.

Art. 14. (1) The essential characteristics of the set of exercises on the training.okto.bg platform are determined on an individual basis and recommended to User by Provider or an employee thereof.

(2) The price of the sets of exercises, inclusive of VAT, shall be determined by Provider on the training.okto.bg platform, in the profile of each set of exercises on the training.okto.bg platform.

(3) The payment methods shall be set forth in these General Terms and Conditions and in the information provided by User by way of the means available on the training.okto.bg platform.

(4) The information provided by Users under this article shall be up-to-date at the time of its visualization on the training.okto.bg platform prior to entry into the service use contract.

(5) Users agree that the entire information required by the Consumer Protection Act may be made available via the interface of the training.okto.bg platform or via email.

Art. 15. (1) User agrees that training.okto.bg platform’s Provider has the right to accept advance payment for the service use contracts entered into with Users.

(2) User shall choose at their own discretion whether to pay to Provider on the training.okto.bg platform.

Art. 16. (1) User shall be entitled to abandon the service use contract entered into without being liable to pay any compensation or penalty.

(2) The right of abandonment stated in Para. 1 shall not apply to the period of use of a set of exercises already order and paid by User.

(3) In the case of exercise of the right to abandon a service use contract User shall be deemed to have also exercised the right to abandon in regards to the bonus content appertaining to the particular service.

Art. 17. The period of use of the set of exercises or the number of videos of the set of exercises ordered shall be determined individually for each category upon entry into contract with User via Provider’s website on the training.okto.bg platform.

Art. 18. The training.okto.bg platform’s Provider undertakes to comply with all requirements established in Bulgarian laws on account of the services provided.

PERSONAL DATA PROTECTION

Art. 19. (1) The training.okto.bg platform’s Provider shall take steps to protect User’s personal data pursuant to the Personal Data Protection Act.

(2) Due to security considerations for the personal data of Users, the training.okto.bg platform’s Provider will only send the order’s particulars to the e-mail address identified by User at the time of registration.

(3) The training.okto.bg platform’s Provider shall have the right to store information about User’s end device, unless the latter states their dissent to such effect.

(4) User/Consumer agrees that the training.okto.bg platform’s Provider shall have the right to send at any time e-messages to User/Consumer, inclusive of any bulletins or proposals of new sets of exercises, for as long as there is a registration of User/Consumer on the training.okto.bg platform.

(5) User/Consumer agrees that the training.okto.bg platform’s Provider shall have the right to collect, store, and process data relevant to the behavior of User/Consumer during use of the training.okto.bg platform.

Art. 20. (1) , The training.okto.bg platform’s Provider shall have the right to demand that User identifies themselves and certify the veracity of each and every of the circumstances and personal data announced during registration.

(2) In case that User has for any reason forgotten or lost their name and password, the training.okto.bg platform’s Provider shall have the right to apply the Lost/Forgotten Names/Passwords Procedure.

Art.21. (1) By accepting these General Terms and Conditions, User also accepts that the controller ОКТО will process their personal data for the purpose of using the service provision platform, which is accessible on the internet at training.okto.bg, via which Users may enter into service use contracts for sets of exercises recommended by a kinesitherapist/physiotherapist of Physiotherapy Bio Center EOOD.

(2) By accepting these General Terms and Conditions, User agrees that their personal data, namely, full name and email address, be processed by training.okto.bg for performance of the service use contract, as well as for potential dispatch of information and/or promotional messages concerning the ОКТО services.

(3) The consent identified in the above paragraph will be provided for the period required to perform the pre-contractual or contractual relation between User and Physiotherapy Bio Center EOOD, and thereafter for the shorter of:

A) the period stipulated for the keeping of contractual documents pursuant to the tax- and accounting laws of Republic of Bulgaria, or

B) a 5-year period.

(4) By accepting these General Terms and Conditions, User represents that they have been informed of the option to withdraw their consent at any time by stating that to contact@okto.bg, as well as that their request may not be granted if it contravenes either the performance of data controller’s statutory duties or the public interest.

AMENDMENT OF AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 22. (1) These General Terms and Conditions may be amended by the training.okto.bg platform’s Provider, the latter to suitably notify all registered Users to such effect.

(2) The training.okto.bg platform’s Provider and User agree that each supplementation and amendment of these General Terms and Conditions shall have effect vis-à-vis User in any of the following cases:

A) after their express notification by Provider on the training.okto.bg platform

B) following their publication on Provider’s website in the training.okto.bg platform;

C) by User’s express acceptance via their profile on Provider’s website in the training.okto.bg platform.

(3) User agrees that all statements of the training.okto.bg platform’s Provider, as relating to any amendment of these General Terms and Conditions, will also be sent to the email address identified by User upon registration. User agrees that any electronic letters sent by virtue of this article need not be signed with an electronic signature in order to have effect vis-à-vis User.

Art. 23. Provider shall publish these General Terms and Conditions on the training.okto.bg platform, along with any additions and amendments thereto.

TERMINATION

Art. 24. These General Terms and Conditions and User’s contract with the training.okto.bg platform’s Provider shall be terminated in the following cases: upon expiry of the period of use of the service order and paid for or in case of actual impossibility of either contract party to perform its duties.

Art. 25. Provider shall be entitled to unilaterally terminate the contract, without service notice and without being liable to pay compensation, in case it finds that User is using the training.okto.bg platform in contravention of these General Terms and Conditions, of Republic of Bulgaria’s laws, or of the general accepted rules and practices.

LIABILITY

Art. 26. Provider shall bear no liability in case of force majeure, any random events, internet issues, technical or other justifiable reasons, including orders of the competent government authorities.

Art. 27. (1) Provider shall bear no liability for any damages caused by User on third parties.

(2) Provider shall bear no liability for any damages amounting to profits lost or damages suffered, as cased to User in the process of using the service, provided that User performed a set of exercises not recommended to them by a kinesitherapist and/or if User performed a set of exercises without being in good health and condition.

(3) Provider shall bear no liability for the time when the platform was not accessible due to force majeure, martial law, or other force majeure circumstances.

(4) Provider shall bear no liability for any damages caused by comments, opinions, and publications under the products, news, and articles on the training.okto.bg platform.

Art. 28. (1) Provider shall bear no liability in case of breach of the security measures of the technical equipment, resulting in loss of information, disclosure of information, access to information, limited access to information, and other similar consequences.

(2) Provider shall bear no liability in case of entry into service use contract, provision of access to information, loss or change of data resulting from false identification of any third party posing as User, if it can be inferred from the circumstances that such person is the User.

OTHER TERMS AND CONDITIONS

Art. 29. (1) User and the training.okto.bg platform’s Provider undertake to mutually protect their rights and legitimate interests, as well as protect their business secrets, any secrets concerning User’s health status, and any other information subject to protection under Republic of Bulgaria’s laws, which come into their knowledge in the process of performance of the contract and these General Terms and Conditions.

(2) User and Provider undertake, during and following expiry of the contract period, not to make public knowledge any written or verbal communication carried out between them. Publication of any communication in print and electronic media, internet forums, private or public websites, etc., may be considered public knowledge.

Art. 30. In case of inconsistency between these General Terms and Conditions and any arrangements in an individual contract between the training.okto.bg platform’s Provider and User, the individual contract’s clauses will prevail.

Art. 31. The potential invalidity of any of the provisions of these General Terms and Conditions shall not result in total invalidity of these General Terms and Conditions.

Art.32. (1) The General Terms and Conditions shall be published on the training.okto.bg platform in Bulgarian and English.

(2) In case of dispute regarding the interpretation and/or meaning of any terms, expressions, words, or word combinations, as used in these General Terms and Conditions, the Bulgarian version will prevail.

Art. 33. Republic of Bulgaria’s laws shall apply to all issues not settled in these General Terms and Conditions, as relating to the latter’s performance and interpretation.

Art. 34. These General Terms and Conditions shall enter into force vis-à-vis all Users of training.okto.bg following their registration.