TERMS AND CONDITIONS OF USE OF THE WEBSITE
§ 1. Terms
The meaning of the terms used in these Terms and Conditions shall be understood as follows:
- FM World (Administrator) – FM WORLD World Artur Trawiński spółka z ograniczoną odpowiedzialnością Sp. k.(limited partnership) with the registered seat in Wrocław, Poland, at 247 Żmigrodzka Street, 51-129 Wrocław incorporated in the National Court Register of Entrepreneurs run for District Court for Wrocław-Fabryczna in Wrocław, 6th Economic Division of the National Court Register under number KRS: 0000268185, TIN: 895-187-00-93, identification number REGON: 020411302;
- Business Partner’s Number – a unique number/s consisting of a sequence of digits or a sequence of digits and letters assigned to a Business Partner upon conclusion of the Business Partnership Agreement or on the basis of the FM WORLD Club Regulations or the Marketing Plan;
- User – a natural person who has registered on the Service;
- nutricode.fmworld.com (Service) – a service provided by FM World electronically without the simultaneous presence of the parties (at a distance), in the form of an electronic application placed on the website of FM World at www.nutricode.fmworld.com, available after logging in;
- Terms and Conditions – these Terms and Conditions of using the Service issued pursuant to art. 8 par. 1 point 1) of the Act of 18 July 2002 on Providing Services by Electronic Means;
- Code – a set of graphic characters and / or numbers indicated on the VAT invoice issued by the FM World franchisee for the purchase of a product of a food supplement series, produced for FM WORLD.
§ 2. General provisions
- Only natural persons may be Users.
- The Administrator is authorized to manage the Service.
- The Service is available on the FM WORLD website at www.nutricode.fmworld.com after logging in, from the date of 20.01.2017.
- The Administrator is not responsible for the content posted on the Website by the Users.
§ 3. Terms and Conditions of using the Service
- 1. The technical requirements for using the Service are as follows:
- Internet connection;
- Web browser that enables viewing on a computer of hypertext documents (HTML) linked in the Internet through a network web service.
- Using the Service is carried out by performing the following actions by the User:
- registering on the Website at www.nutricode.fmworld.com by the User providing their e-mail address and creating a password for logging in,
- reading and accepting provisions of these Terms and Conditions,
- consent to the processing by FM World of the personal data provided by the User for the purposes related to the use of the Service by the User.
- After performing the operations described in par. 2 above, the User shall receive an activation link to the e-mail address provided by them. Conclusion of an agreement for the provision of electronic services occurs upon the User clicking on the activation link.
- After registration the User logs into the website by entering their e-mail address and password to the Service.
- The User can log into the Service via their Facebook account or their Google account on the principles specified by Providers of these functionalities. In this case the Administrator obtains the following data of the User:
- profile URL address
- e-mail address
- name, surname
- profile picture.
- When registering or logging in to the Service the User can add to their account:
- their photo,
- Business Partner’s Number, if they are a Member of the FM WORLD Club.
- FM World is not responsible for the improper operation of the Service in the event of technical problems due to reasons beyond the control of FM World, especially in the case of failure of a telecommunications network.
- The User undertakes to refrain from actions that interfere with the uninterrupted use of the Service by other users or with the smooth operation of this service.
- It is prohibited for the User to transfer to the Service any content that may damage computer systems.
- It is forbidden to upload to the Service materials comments or other data containing illegal content, including that affecting the rights of third parties, in particular copyright or personal, or contrary to morality.
- The Administrator has the right to remove materials, comments and other content referred to above, published by the user in the Service.
- Using the Service under the terms of these Terms and Conditions is free of charge, with the proviso that the User is required to pay compensation to the entities providing telecommunications services for access to the Internet (telecom operators) due to use of the Internet access, according to the price lists and regulations of providing these services by the telecom operators, where the compensation does not constitute a remuneration for FM World for the use of the Service.
- After logging in to the Service the User can enter their current weight and the weight they want to achieve (the Goal).
- The User can invite one natural person (a Friend) to use the Service by sending them an invitation to the Friend's e-mail through the Service (a Challenge).
- A Friend can accept a challenge by registering with the Service on the terms specified in these Terms and Conditions within 14 days of receipt of receiving the Challenge.
- The User agrees to FM World sharing their data included in the Service to their Friend.
- The Friend, who accepted the invitation to the Service agrees to FM World sharing their data included in the Service with the User who invited them to use the Service.
§ 4. Principles for awarding points in the "Challenges" functionality
- A kilogram is the adopted unit of weight.
- The challenge of each User lasts 90 days.
Points in the challenge are awarded on the basis of the following formula:
R= Result in points
Fw= Weight of the final day of challenge
X= the difference between the final and initial weights: Fw – Iw
The points acquired are rounded up to a whole number.
- The choice of the challenge winner is done by comparing the point value of both challenge participants. The winner is the User who scored more points.
- The Challenge is not a competition organised by the Administrator and the winner of the Challenge is not entitled to any award.
§ 5. BMR calculator
- Any natural person can use the BMR calculator made available in the Service with the necessity to log into the Service, after provision of the following data:
- current weight,
- desired weight,
- physical activity.
- Upon provision of the data referred to in par. 1 above, the BMR Calculator will provide an approximate daily calorie needs.
- Any natural person can benefit from diet plans which take into account the BMR Calculator estimation after providing the Service with the following information:
- BMR Calculator result,
- e-mail address.
- Upon provision of the data referred to in par. 3 above the person shall receive a monthly diet plan prepared by a dietician for a specific BMR Calculator result.
- FM World reserves that the diet plans referred to above are sample plans for a given caloric intake requirement and their use does not guarantee the achievement of the desired goal. Diet plans should not be used by people who are ill or use specialised diets. FM World is not responsible for the use of the diet plans referred to above by the User.
- Any natural person may use the BMI calculator made available in the Service by providing the following data:
- current weight,
§ 6. Copyright and personal data protection
- The User, by uploading photos, comments or any content to the Service provides the Administrator, starting with the date of acceptance of these Terms and Conditions, a worldwide license to publish it in the Service and to use it in the following fields of use (license):
- production and reproduction copies of the work by any technique including printing, reprography, magnetic recording and digital technology,
- marketing, lending or rental of copies of the work,
- each case of making the work publicly available, including its share in such a way that everyone can have access to it at a place and time individually chosen by them, through the issue on the radio and television, by publication in press, through the display or publication on any internal or external media,
- use in other works.
- The license shall be granted in respect of each work separately, upon its transfer to the Service.
- The license is granted for an indefinite period.
- The license is non-exclusive.
- The license is granted free of charge.
- The Administrator has the right to grant sub-licenses at their discretion.
- The User declares that they enjoy (or are entitled to using within the limits set out by these Terms and Conditions) all rights, including intellectual property rights and in particular the copyright to photos, comments or any other content posted by them on the Service, and that the User has not transferred to anyone the copyrights or related rights to the content. Moreover, the User declares that all the people in the photos have granted the User a permission to use their image free of charge in the manner described in these Terms and Conditions, including by the Administrator in the manner described in these Terms and Conditions.
- The User agrees to the processing by FM GROUP World of their personal data, which as voluntarily provided by them on the Service for the purposes related to their use of the Service.
- FM GROUP World is the Administrator of the User database.
§ 6. Final provisions
- These Terms and Conditions are applicable from 20.01.2017.
- The User bares full responsibility for the consequences of posting in the Service of photos, comments or other data containing illegal content including that affecting the rights of third parties, in particular copyright or personal, or contrary to morality, and shall release FM World from liability in case of claims being filed against FM World in this respect.
- These Terms and Conditions shall be included on the Service.
- In cases not covered by the provisions of these Terms and Conditions, the relevant provisions of the generally applicable Polish law, including the Civil Code, the Act of 4 February 1994 on Copyright and Related Rights and the Act of 18 July 2002 on Electronic Services Shall apply.