Terms and conditions
GENERAL TERMS AND CONDITIONS
The website aganowak.net in desktop and mobile version and applications (hereinafter: “Site and App”)
are owned by FaceUpper by Aga Nowak™ (the “Owner”). By accessing the Site, downloading and installing the App and accessing information about all services, you agree to be bound by these Terms and Conditions. For this reason, we recommend that you read the content carefully if you wish to access and use the information on the services offered by the Website and App.
DIRECTIONS FOR USE
In order to run the FaceUpper by Aga Nowak exercise programme, you must consult your physician to determine if it is suitable for your needs. If you have facial injuries or experience facial pain, do not purchase the course. The exercises are designed to be fully implemented into your routine. Results vary from person to person and depend on regularity of practice, genetics, lifestyle (food, sleeping habits, etc.) FaceUpper by Aga Nowak does not take responsibility for your results. This programme offers health and fitness information and is designed for educational purposes only. You should not rely on this information as a substitute for professional medical advice, diagnosis or treatment. Use of any information and exercise provided in this program is at your own risk.
USER STATUS
The use of any of the services offered by the Site and the App (hereinafter: “Service” or “Services”) gives the user the status of User (hereinafter: “User” or “Users”). Generally the User is not required to register to access the services offered by the Website and App (“Basic Services”). However, for the use of some services the registration of the Users may be required (“Additional Services”). This registration will be carried out in the form expressly indicated in the relevant Service.
BASIC SERVICES
Without requiring Users to create their own profile, the Owner offers the following Basic Services through the Site or the App:
Provision of general information to Users about products and services, both through information pages within the Site or App, and through contact forms with which it is possible to request further information from the Controller.
ADDITIONAL SERVICES
The Owner also provides the following Additional Services, accessible only to those who have registered on the Site or the App as Registered Users:
Access to specific information relating to courses and treatments;
Access to the training platform
Purchase of courses.
REGISTRATION
In order to take advantage of the Additional Services, those who wish to do so must validly create their own profile (the “Profile”) and become a Registered User, by following the procedure below:
Entering a valid email address and accepting the Terms and Conditions;
Entering your debit or credit card details
PURCHASE
By selecting the service, treatment or course, the Registered User shall proceed to payment. It is the responsibility of the Registered User to verify the accuracy of the order.
The Owner reminds that the use of the Additional Services is reserved to Users of legal age, to whom the credit card must be registered for online payments. Therefore, the system does not allow minors to make any online purchases.
PERMITTED AND PROHIBITED USES
It is prohibited to carry out, directly or indirectly, any form of commercial exploitation of the Services through access, use, transfer of information contained on the Site and App. Violation of this prohibition will be prosecuted to the full extent of the law. The User acknowledges and agrees that the use of the content and/or Services offered by the Website and App is at his sole risk and under his responsibility. The User agrees to use the Website and App and all content and Services in accordance with the law, morality, public order and as provided in these Terms. Likewise, User also agrees to make appropriate use of the Services and/or contents of the Website and App and not to use them for illegal activities, contrary to good faith or criminal activities, violate the rights of third parties and/or regulations violating intellectual property, or any other rules of the legal system. In particular, the User undertakes not to transmit, introduce, distribute and make available to third parties, any material and information (data, messages, images, audio and image files, photographs, software, etc.) that are contrary to law, morality, public order and the Conditions. The use of the Site and App for purposes other than those intended by the Owner is prohibited. In addition, the Holder reserves the right not to grant access to services and contents of the Website and App at the sole discretion of its commercial policy. Likewise, it reserves the right to revoke access to its pages without prior notice to any User who violates the provisions of this legal information.
INTELLECTUAL PROPERTY
The Owner is the legitimate owner of the contents of the Website and App, the information or elements contained in the texts, documents, photographs, drawings, logos, brands, domain names, trade names, graphics, colours, schemes, tools, characters, drawings, diagrams, layouts, music, sounds, underlying source codes, methods, processes, functions, software and patents or other signs protected by intellectual or industrial property rights. Unless expressly authorised by the Holder or third parties holding the corresponding rights, or unless legally authorised, the User may not reproduce, transform, modify, decode, distribute, rent, make available to anyone or allow access through any form of communication to the public of any of the elements mentioned in the previous point.
GUARANTEES AND LIABILITY
The Owner does not guarantee the continuity of access or the correct viewing, downloading or use of the elements and information contained in the pages of the Site and App, which may be prevented, hindered or interrupted by factors or circumstances beyond its control. The Owner is not responsible for the information and other content integrated in areas or sites of third parties accessible from the Site and App. The Owner assumes no responsibility for the information, content, products and services offered or provided through the Site and App by third persons or entities. Neither the Owner nor the third party information providers assume any liability for any damages, losses, claims or expenses arising from: (i) interference, interruptions, errors, omissions, telephone failures, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, errors and overloads on telecommunications lines and networks, or for any other cause beyond the control of the Owner, (ii) the use of any illegal and/or malicious program and any type of media, such as viruses or anything else, (iii) the improper or incorrect use of the Owner’s sites, (iv) navigation security or errors caused by a malfunction of the browser or not using the updated versions
CONSULTATION OF ADVERTISEMENTS
The search for information on the Site and App and the display of the advertisements is carried out by means of automatic procedures, and in any case the Owner declines all responsibility for the content, accuracy, truthfulness and compliance with the rules contained in these Conditions. The User may however report any illegal, deceptive, fraudulent, fraudulent, suspicious advertisements or those which do not comply with the rules set out in these Conditions by sending a report to the editorial staff of the Website and App by email using the address aga@faceup.club.
PRIVACY AND PROTECTION OF PERSONAL DATA
The personal data of the Users will be processed in accordance with the applicable legislation. For further information, please read our privacy policiesPrivacy Rules contained in the relevant Policy.
SECURITY
The Data Controller has adopted the necessary security measures to guarantee the secrecy and confidentiality of personal data, as defined according to the laws in force.
COOKIE
Some pages of the Site and the App have cookies, which are small data files that are generated on the User’s or client’s computer to allow our systems to remember the language and the site chosen, as well as other features or browsing preferences of the User in the first session. These cookies are not invasive or harmful, nor do they contain personal data, as their only function is to personalise navigation, as expressed above. In any case, the User can always activate the settings of their browser to refuse the installation of cookies. For more information, please consult the page dedicated to cookies that you will find in the footer of the Site and App.
TERMINATION
The Owner reserves the right to ban access to the Website and App, permanently or even temporarily, at his sole and exclusive discretion. The Users to whom the banning measure is addressed will be informed of this decision and may not subsequently attempt to access the Site under a different name or by means of other Users. The User will be liable for damages of any kind that the Owner or its subsidiaries may suffer, directly or indirectly, as a consequence of any breach of the obligations derived from the Terms of Use in relation to the use of the Site and App. In addition, the User shall indemnify the Owner against any sanction, claim or subpoena by third parties, including public bodies, against the Owner, its employees or agents, as a result of the User’s infringement of the rights of third parties by using the Site and App or services related to it in a manner contrary to the provisions of these Conditions.
OTHER
Modifications – The Owner reserves the right to make the modifications it deems appropriate, being able to modify, delete and add new content and/or services as well as the way in which the same are presented and located.
Minors – In order to use the Service, minors must have previously obtained the permission of their parents, guardians or legal representatives, who will be responsible for all acts carried out through the Site and App by minors in their care. In the services where expressly indicated, access will be limited exclusively to those of legal age.
DURATION AND TERM
The services and/or content of the Site and App have a fixed duration.
DURATION AND TERMINATION OF COURSES AND RENEWAL
The purchase of the online courses Più Bella, FaceUpper Star and K-Taping entitles the purchaser to unlimited access for the duration of 6 months. The purchaser can access the course an unlimited number of times over a period of 6 months from the date of purchase; once the 6 months have expired, the right to access and use the purchased course expires. It is possible to renew access to a single course or to 2 or 3 courses by purchasing the dedicated “renewal package”, at a reduced price compared to the initial purchase price.
The renewal purchase will last for a further 6 months, after which it will be necessary to renew again, and so on.
If the courses have been purchased and then activated at different times, they can still be renewed at a further reduced “package” price, by purchasing the renewal package when the first course expires.
Once the “renewal package” has been purchased, the other courses will also be automatically renewed, guaranteeing a duration of 6 months + 6 months for all of them, regardless of the date of purchase.
How to renew online courses: Più Bella, FaceUpper Star, K-Taping
To renew your access to one or more courses, please send an email with your request to the following email address: info@www.aganowak.net, indicating your access email and the course you wish to renew or the renewal package you have chosen. Our customer care will then advise you on how to pay for the renewal.
Cost for renewing online courses: Più Bella, FaceUpper Star, K-Taping
– € 49.00 to renew 1 course of your choice from Più Bella, FaceUpper Star or K-Taping.
– 79.00 “2 course renewal package” – to renew 2 courses of your choice from Più Bella, FaceUpper Star or K-Taping.
– 99.00 “3-course renewal package” – to renew all 3 courses, Più Bella, FaceUpper Star and K-Taping.
DURATION AND TERM OF OTHER SERVICES
The duration of and access to “other services” other than online courses, i.e. personalised face analysis services or online training classes, is regulated on the individual pages of the website where the service is presented and explained.
APPLICABLE LAW AND JURISDICTION
These Conditions, as well as all legal relationships existing between the Owner and the Users connected to the Service or Services offered by the Owner, are governed by Italian law.
For the legal relationships between the Owner and the Users, please refer in particular to Legislative Decree 6 September 2005, no. 206, containing the “Consumer Code”, and subsequent additions and amendments including Legislative Decree 21 February 2014, no. 21 “Implementation of Directive 2011/83/EU on consumer rights, amending Directives 93/13/EEC and 1999/44/EC and repealing Directives 85/577/EEC and 97/7/EC”.
Except as provided for by non-derogable rules of law, the Court of Milan shall have exclusive jurisdiction to settle any dispute concerning these Conditions and the relationships governed by them.
WITHDRAWING FROM COURSE PURCHASE
Since these are goods for immediate use, it is possible to withdraw from the purchase of the course within 15 days from the date of purchase, only if the purchaser has not used the course, even in part, i.e. if he has not logged in personally and has not clicked “play” on any of the videos contained in the course. The sales platform registers the nominal accesses to the courses and the actual use of the courses, i.e. the scrolling of the video course, so that the access is visible and provable by the seller.
WITHDRAWING FROM THE PURCHASE OF PRODUCTS
Withdrawal from the purchase of the product Olio +Bella can be exercised within 15 days from the date of purchase, subject to the integrity of the product and its packaging.
Withdrawal from the purchase of the “Beauty Ritual” box may be exercised within 15 days from the date of purchase, subject to the integrity of the box-container and the products contained therein.
