The contract between SCITEC Institute for Sport and Nutrition, Limited Liability Company (hereinafter referred to as “the Service Provider”) and the natural person using the Services provided by the Service Provider (hereinafter referred to as “Customer” or “Customers”) (hereinafter collectively referred to as “Parties”) coming into existence for the provision of services - unless the Parties decide otherwise in writing - shall be governed by these General Terms and Conditions (hereinafter referred to as “GTC”). The GTC is part of the service contract.
The data and contact details of the GTC holder are as follows:
The Service Provider declares that it has the professional, official, operational license with its tangible and personal conditions and a liability insurance contract related to the continuation of its activities, which also covers those involved in its sphere of interest.
Service Provider Operational License Information:
Operational License number: 5491/2018/1/13
Service Provider’s liability insurance’s information:
Unless otherwise agreed in writing, the GTC shall apply to the offers made by the Service Provider for the use of its services and accepted by the Customer, the services performed by Service Provider for the Customers together with all legal relationships established between the Service Provider and the Customer for using the Service Provider's health services as well as the subjects of these legal relations (personal and material scope).
The service(s) provided by the Service Provider and used by the Customers as well as ordering and using materials/tools required for this purpose, the relevant rights and obligations of the Parties in the aforementioned legal transactions, shall be the subject of a separate agreement (hereinafter referred to as: “Individual Contract”) and GTC. Moreover, in these legal transactions - including issues not regulated by the GTC or inadequately detailed - the Hungarian legislation in force that is effective at all times,
Unless otherwise specified in the Individual Contract and other agreement concluded between the Service Provider and the Customers, the Parties shall conclude a contract for a period of time from the conclusion of the Individual Contract to the Service Provider's use of the Service used by the Customer – including ordering and fulfilling certain services, materials, and mediated services - the provisions of this directive GTC that is valid and effective at all times with the differences contained in the Individual Contract. The contract concluded between the Parties shall be terminated or terminated by the Parties in accordance with the provisions of this GTC.
The Service Provider shall record that if the Customer orders a service from the Service Provider after a service already ordered and performed by the Service Provider or during its duration, then in this case a new order and conclusion of another Individual Contract shall be required. After the Customers has become aware of the provisions of the GTC and has accepted it as binding on him, all other additional services ordered by the Customers from the Service Provider shall be governed by the provisions of the GTC - in case of any modification by the Service Provider then the all time effective GTC – provisions are normative.
The Service Provider records that any amendment to the GTC and the amended provisions will be published on its website (http://www.scitec-institute.com, hereinafter referred to as the “Website”) as well as making an anouncment at the location where it provides its services in a separate place reserved specifically for these occasions will provide a single structure accessible of its GTC. The Service Provider records that the amended provisions for their Customers or any future Individual Contract they have entered into and any future service they provide will be binding and guiding unless the Customer does not inform the Service Provider in writing within 30 days of the publication of the amended provisions on the Website that it will not accept the amended provisions. The Customer is obliged to make sure before entering into any additional Individual Contract or requisition of any services, that the provisions of the valid GTC at that time, including any amended provisions are ascertain.
The main activity of the Service Provider is other human health care services (primarily nutrition counseling and exercise, sports consulting services). The Service Provider is not a contractual partner of the National Health Insurance Fund (OEP). The Service Provider expressly and exclusively provides private health services, to which social security funding is not linked. In view of the above, the Customers are not entitled to use the social security support in any form and to the extent of the services of the Service Provider.
In return for payment, the Service Provider primarily provides the following services to the Customers according to the following service categories:
The Service Provider provides the service to Customer primarily with the help of qualified sport dietitian. There is no medical intervention, medical activity or healing during the provision of the service. The persons involved in the provision of the service shall prepare a nutrition plan for the Customer on the available information (primarily the data provided by the Customer, especially a nutrition diary and the data measured by the Service Provider). Customer registers their own profile page (user account) with Internet registration where it can track their processes. The service includes upon Customer's request and order a follow-up control and tracing. The service is aimed to improve physical well-being, possible change of lifestyle and enhancing sports performance. The service is qualified as a health service.
The Service provided to the Customer is provisioned by a person legally linked to the Service Provider. During the provision of the service a professional, complete and custom training plan is prepared for the Customers. Customer registers their own profile page (user account) with Internet registration where it can track their processes. The service also includes the follow-up of the training plan. The service is based on lifestyle and health data. The service provides preparation for professional athletes and hobby athletes, its goal is to create personalized service (training plan and sport dietetics) with which the concerned’s (athletes) physical performance can be improved. The service does not qualify as a health service.
In the context of the services provided by the Service Provider, additional information - in particular the details of each service package, their content, the nature, description, duration and process of certain services provided by the Service Provider - is available on the Website and at the place of provision of the Services, or upon request of Customers may be sent by e-mail by the Service Provider.
The Service Provider informs Customer that the service is provided to the Customers by the specified under point 3.2 above, however, the order made by the Customer and the bind of the Individual Contract shall not automatically mean the provision of all services specified in point 3.2.
The exact scope of the services ordered by the Customer and provided by the Service Provider shall be specified in the Individual Contract bind between the Parties.
The Service Provider shall provide its services in accordance with the legislation governing its activities, with professional expertise in compliance with professional standards, with qualified employees and contributors (subcontractors) at Service Provider’s headquarter in accordance that it can use external institution’s services if needed.
Customers acknowledge and agree in advance that the Service Provider may involve third parties of their choice at the discretion of the Service Provider and provide the services of these third parties to provide Customers with an intermediary service. By signing the Individual Contract the Parties also expressly agree that the Service Provider will also use contributors for the fulfillment of the service(s) for whose intermediary activity they are not responsible, they will not assume any liability for them and may directly enforce any complaints and claims straight to the contributor.
The contract for the provision of the service is established at the time when the Customer appears at the Service Provider and signs the Individual Contract. By reserving the time for the service,
the Service Provider only undertakes that in the given date the Service Provider will be at the disposal of the Customer for the creation of the Individual Contract at the. In order to use the services signing an Individual Contract is required.
The contract is decisive – unless decided otherwise by the Parties – from signing the Individual Contract with the ordered services provided by Service Provider until the execution of it.
The contract is terminated:
Upon termination of the contract, the Customer shall be obliged to exempt the Service Provider from its obligations towards third parties.In the event of termination of the contract, there must be an appropriate settlement between the Parties or their successors in respect of the services ordered or already performed during which the Customer or its successor should pay the Service Provider the offset of the services that has been already executed.
The Customer is entitled to terminate the Individual Contract at any given time, however is obliged to persist the obligations already assumed by the Service Provider (eg. should reimburse the value of the intermediated services already ordered by the Service Provider).
If the Customer breaches any provision of the Individual Contract or the GTC the Service Provider is entitled to terminate the contract with immediate effect. In the event of termination of the Contract by this reason the Service Provider is entitled to enforce a failure penalty of up to 50% of the ordered fee for the services ordered by the Customer according to the order, which the Customer should pay in one amount through bank transfer within 8 days from holding the termination by the Service Provider.
In all cases, the use of the Service Provider's services is based on the voluntary decision of the Customer's voluntary basis. Before the legal relationship is established the Customer expresses his / her will to use the services and the documents disclosed in the GTC - especially the Individual Contract – is being confirmed by signing and using the service.
The Service Provider provides the services to healthy people, therefore, the use of the services is subjected to the provision of a health care provider by the Customer to the Service Provider which is in contractual relationship with the Service Provider - LIFELIKE Health and Diagnostic Nonprofit Limited Liability Company, the Customer’s GP or sport doctor – a certificate (a lab result that cannot be older than three months), that there is no exclusionary or restrictive reason or risk for in the case of the Customer by which the services provided by the Service Provider (nutrition, sports or training counseling) is contra-indicated for the Customer's use. The Customer should make this certificate available to the Service Provider at the time of the registration on the Website or by the latest at the time of signing the Individual Contract.
Customers are obliged, in addition to providing the medical certificate described in clause 5.2, to inform the Service Provider and all persons who are acting on behalf of the Service Provider prior of the provision of services according to the method provided by the Service Provider, but also in the lack of it, all relevant details, information relevant to the Service Provider's service, including in particular, but not limited to, information about their previous illnesses, medical treatments, and health status. The Service Provider shall not be liable for any legal consequences arising from failure to comply with the obligation to provide information. The Customer shall bear the legal consequences of failure.
In the event that the Customer fails to fulfill its obligation to provide information or does it inadequately, the Service Provider is entitled to refuse or suspend the performance of its services until the Customer fully fulfills its obligations or until the necessary conditions are fully available.
The Customer acknowledges that in the event that the Service Provider still performs its services to the Customer, it will do so only in the condition that it does not assume any liability in connection with the relevant service, because in such cases the Service Provider does not have any responsibility, because the professionals on behalf of Service Provider do not have access to all the information that is essential to give responsible and personalized advice. In such cases, the risks and any additional sanctions must be bear by the Customer.
Customers are obligated to appear at their previously reserved appointment in a suitable physical and psychological condition in order to use the services chosen by them and apply for these services. They are also required to comply with the general standards of norms, as well as to reply the instructions by persons acting on behalf of the Service Provider, and any other terms published or announced by the Service Provider.
In the event that the Customer fails to fulfill the above obligations, the Service Provider is entitled to refuse or suspend the performance of its services until the Customer fully fulfills its obligations.
If the failure to fulfill the above obligations by the Customer and the fulfillment of services become impossible, or the Customer hasn’t got in touch with the Service Provider for more than 180 days and does not fulfill its obligations, the Service Provider is entitled to terminate the contract between the Parties. In this case, the Service Provider is entitled to enforce the default penalty specified in Section 4.3.3.
Customers are entitled to use the services of the Service Provider as follows.
Pre-registration on the Website is required in order to use services. During registration a user profile is being created for the Customer and its elements and contents are available to the Customer at any given time. The registration is authorized by the email address, therefore every email address can only be used once for registration. The registration itself does not contain any obligation for the Customer.
Registration is performed by clicking on the “REGISTRATION” menu item/button and with giving the required data. During registration the following data needs to be granted: Name, Email address, Phone number, Password.
After a successful registration the Customer will receive to the given email address a confirmation email by the Service Provider with which the registration can be finalized.
The Customer can login to its user profile through the “LOGIN” menu item, where he/she gives the user name (or email address) and the password after which the “LOGIN” button should be clicked on.
In case the Customer is a registered user, but forgot the password should use “Forgot password” menu item.
If the Customer gives the user email address, the Service Provider can send a new email to that email address to the Customer.
After logging into the user profile the Customer has an option to choose a service package through the online platform as well as reserve an appointment.
The Customer can upload into its own user profile the required documents in order to be able to use the services. The Customer has an option in its own profile to observe the results of measurements, the nutritional plan as well as under billing menu item to check the amount of bills that needs to be settled or have already been settled.
The Service Provider process the reserved appointments handed id through the online platform during working hours (between 8 am and 5 pm). If the date specified by the Customer is inappropriate for the Service Provider for any reason - especially due to occupancy - the Service Provider will contact the Customer for the purpose of reconciling the date, on the basis of which a new date will be reserved through the online platform. After reservation and a successful procession within one day the Customer will receive a confirmation by email.
In the email confirming the successful appointment reservation the Customer will receive a detailed information of the requested services, what needs to be done in order to use requested services, basic information about nutritional guidance, detailed terms and conditions about services, especially that what type of documents, data and information should be provided by the Customer through its user profile to the Service Provider.
The Service Provider will send a reminder email to the Customer 3 days before the reserved appointment, then a day before will also call the Customer to require any missing information.
In the case the Service Provider is unable to reach the Customer in order to require the missing information, the Service Provider is entitled to cancel the appointment of which will inform the Customer through an email. In case the Customer does not provide the required data, information, documents to the Service Provider, Customer is violating its obligation to provide information which is written under section 5.3.
Customers are entitled to cancel, modify their previously reserved appointment without any additional fee under their user profile or by an email sent to the Service Provider the working day before the appointmen, but no later than 24 hours. In case the cancellation was otherwise as mentioned above the Service Provider is entitled to charge Customer with a cancellation fee, which is 10.000 HUF, considering the cancellation was over the deadline. In connection with the above, Customers acknowledge that the Service Provider will pre-reserve its own capacities for the dates they have reserved and adjust the occupation of its professionals to the dates reserved by the Customers. In view of the above the Service Provider has no possibility to confirm additional reservation by Customers for the dates reserved by the Customer but canceled after the deadline. The cancellation fee therefore is intended to compensate at least partially for the loss of revenue incurred for the Service Provider.
With regard to the activity performed by the Service Provider and its nature, the Service Provider records that in certain unforeseen cases, the person appointed by the Service Provider may be prevented from having access to the Customer at a pre-agreed time. In this case, the Service Provider takes responsibility after learning these unforeseen cases to contact the Customer immediately by using one of the options provided by the Customer and inform him/her, the latest at the reserved appointment that the appointed person cannot be accessed and also whether it can provide a replacement for the reserved appointment. In case the Service Provider is unable to appoint a replacement the Parties are obliged to agree on a new date. The Customer is not entitled for any compensation because of the date modification.
Due to the fact that the service activity is constantly taking place at the place where the services are provided, there may be a some sort of lapse in the start of service providing. The Customer is not entitled to any compensation regarding this matter, also the Service Provider is obligated to retain the full duration of the consultation.
To use the services provided by the Service Provider Customer should go to the following address (location):
1138 Budapest, Váci út 178.
Customers acknowledge that the Service Provider is not subjected to any supply obligation due to the private nature of its services. As a result, the Service Provider may at any time refuse or suspend the performance of its services.
The Service Provider informs the Customers that the fee for each available service is determined by the Service Provider's respective fee table which can be viewed on the Website and at the place where the services are provided, or additionally can be sent by e-mail to the Customer upon specific request of the Service Provider.
Fees of services should be paid by the Customers on the basis of an invoice issued by the Service Provider at the place by credit card or by bank transfer within 30 days of the issued date of the invoice. At the Customer's request it is also possible to issue a health fund invoice. There is no possibility of delayed payment or installment payment.
The Service Provider reserves the right to unilaterally modify the fees for the health services it provides. In the course of these modifications the effective fee table will be published on the Website and at the place where the services are provided.
Complaints that may arise in connection with the services provided by the Service Provider may be reported by the Customer at the contact details indicated in Section 1.1 (postal address, e-mail address). The Customer is obliged to notify the Service Provider of any objections to the services as soon as possible. The Customer is liable for the legal consequences of late notification of any complaints.
The exercise of any complaints should be authorized by the Customer and – if the Customer is prevented to enforce its claims – by a person authorized (in a private document of at least full probative force) by the Customer in writing. It is a condition of claim enforcement that the Customer presents the invoice about the services it used to the Service Provider.
The Service Provider shall respond to the complaint reported by the Customer as soon as possible and, if appropriate, take the necessary measures to remedy the problems encountered as soon as possible. The Service Provider has to reply to the reported complaints within 8 (eight) days in writing which is then sent to the Customer’s email address.
Service Provider also informs the Customer that in accordance of Act CLV. of 1997 about consumer protection, if there is a dispute between the Customer and the Service Provider regarding the quality of the service and the conclusion and performance of the contract between the Parties, that is, a consumer dispute arises, it is possible in order to reach a settlement and, if it is inefficient, to refer the matter to a conciliation body for decision. According to the headquarter of the Service Provider, the Budapest Conciliation Body (1016 Budapest, Krisztina krt. 99) is competent.
The Service Provider has established a data protection procedure in connection with data management related to the activities performed by the Service Provider, for which the effective text of the data management information document has been disclosed/published on the Website, thus it is accessible to anyone in full.
The Service Provider and the Customer acknowledges that during the use of the services provided by the Service Provider personal and other data provided for each other, information, facts and circumstances are handled confidentially and they are committed to take every possible action to preserve these information, would not give it to a third-party without prior written permission, will only be release if the law enforces. The confidentiality obligation contained in this section is for an unlimited period of time.
The Parties are liable for any damage resulting from breach of their confidentiality obligations contained in the GTC.
The Customer acknowledges and agrees that the Service Provider, in cooperation with the Semmelweis University, the University of Physical Education and the Hungarian Academy of Sciences conducts research activities based on the Customer's prior consent for the purpose of examining the individual results and the method used the case for analysis for which the provided relevant data (anonymously) will be forwarded to the university. A research license is available for the research activity.
The Service Provider is entitled to take appropriate technical and security measures to protect and safely store the Customer's personal data and to access and use the services while also protecting them from unauthorized access, use, alteration, or unauthorized deletion. However, the Service Provider draws the attention of Customers to the fact that the Internet is an open, unsafe network that primarily serves the purpose of exchanging information, therefore its service providers cannot fully guarantee the security of the network for reasons beyond their control.
The display and content of the Website is the exclusive intellectual creation of the Service Provider, which is protected by copyright. All use, presentation, content, services or other uses, without the written permission of the Service Provider or third parties affected by the services is prohibited, in particular to be recorded, duplicated, used in any form for advertising purposes or to forward it to third parties, in all cases, either in whole, in part or in a revised form. Contents and display on the Website or any part thereof may only be used with the prior, explicit and written consent of the holder of the intellectual property rights.
The Service Provider is not responsible for the content of any third-party commercial, advertisements and the content of its representation that may appear on the Website. Service Provider acts in the name of the Act XLVIII. of 2008 on the conditions and certain limitations of economic advertising activities for the placement of advertisements on the Website.
The Service Provider is not be liable for temporary downloading unavailability of the Website, its any other errors, any typo, , defaults or damages resulting from the temporary inaccessibility of the Website and for any damage caused by the use or transfer of the information found on the site, additional is not liable for any damage while accessing the Website or because of registration. Furthermore, the Service Provider is not liable for any damages caused by the unauthorized use of the Customer's data by the Customer's knowledge or ignorance that results from the Customer's willful or negligent behavior. In all cases, the Service Provider indicates if the Website displays content provided by an external service provider indicating the service provider and/or pointing to the provider's website/content's external location. The Service Provider does not take any responsibility for such external content, its correctness, change, or the error of the links. At the request of an authorized service provider the Service Provider deletes or modifies the external reference.
The Service Provider draws the attention of the Customers to the fact that the contents appearing on the Website is not qualified as medical advice, are only for informational purposes and the Service Provider expressly excludes any liability in connection with the contents thereof.
The Website might contain URLs pointing to third-party websites. The Service Provider has no control over third-party websites and may not support them or assume any liability for them including their content, accuracy and operation. It is the Customer's responsibility and duty to learn about the legal and privacy statements posted on other websites visited, and to learn of any changes made to them.
The Service Provider’s aim is to provide its services in the best possible level, however services, including IT tools used in the provision of services for a particular purpose and the Service Provider shall not be liable for any direct or indirect damages or other legal consequences arising from their absence. Furthermore, the Service Provider is not liable emerging errors and their consequences for reasons beyond his control (for example technical malfunction or interruptions, information and/or data loss).
The Service Providers services are used by the Customers own free will, own decision. The Customer acknowledges with the use of the services that every health service has a risk and the Service Provider cannot be taken liable for the risks, all should be held by the Customer. The Customer specifically acknowledges and agrees that during service providing the Service Provider offer counselling and consultation services, but cannot be taken responsible for the success of any action, guidance, especially cannot be taken responsible for the Customers expectations of these actions, guidance, advices. The Service Provider records that during their service providing there is no medical intervention, medical activity nor healing.
The Service Provider does not take responsibility for consequences which are from the Customer’s service contract and therefore originate from the violation of the Individual Contract and GCT or that the Customer does not follow the instruction of the service professionals instructions, does not perform the instructions stated in the documents, guidance, instructions provided during the service, as well as not performing applying or understanding the advised or defined instructions by the Service Provider.
If, as a result of or in connection with the Customer's behavior, a third party or any authority or court initiates or claims any claim against the Service Provider, the Customer shall be obliged to take all the measures required by the Service Provider and shall compensate the Service Provider for any damage, property or loss, costs incurred by the Customer against Service Provider in connection with any unlawful conduct.
The Service Provider takes all reasonable steps to ensure that, in the provision of the service, the statutory or other professional rules, in particular the current state of science and evidence-based guidelines are applied, in the absence thereof, to well-founded, widely accepted literature reports or professional consensus based on professional recommendations, and to make its service efficiently available with the best use of available resources.
The Parties ascertain that the contract between them has not been created in their absence, therefore the contract between consumer and business 45/2014 (II. 26.) Government rule cannot be applied even if the contract’s subject is not health service and the contract does not expand to the act CVIII. of 2001 about e-commerce services, as well as certain aspects of information society services taking into account the contractual service is not an information society service.
The GTC comes into effect on 27th September 2018. and specified above by the subjective and objective scope and should be mandatory applied for the future.
By signing the Individual Contract and with the use of the services the Customer acknowledges that it became aware, examined, understood its provisions of the GTC prior to the binding of the contract and adreeg to it.
The Parties agree that if the if the Service Provider in connection with any use of the service provided by raised disputes cannot be solved peacefully and be settled out of court, depending on the jurisdiction, they submit to themselves under The Central District Court, as well as under the exclusive jurisdiction Courthouse of Székesfehérvár with the fact that the Court is the law of Hungary at all time and functions according to the Hungarian law and that the language of the proceedings is the Hungarian language.
ALL RIGHT RESERVED SCITEC INSTITUTE 2018