User Agreement

Once the User starts using or subscribes for https://nutriflow.pro/, the User shall be deemed to have accepted the terms and conditions of this Agreement in full, without any reservations and exceptions whatsoever. Should the User disagree with any term or provision of this Agreement, the User shall not be entitled to use https://nutriflow.pro/. If the User does not consent to any amendment made by Glinkin Holistic Sport Center L.L.C-FZ to this Agreement at any time hereafter, the User shall discontinue using the website https://nutriflow.pro/.

This User Agreement constitutes an offer made by Glinkin Holistic Sport Center L.L.C-FZ (the “Administration”) in accordance with the laws of the United Arab Emirates. Your actual use of the Platform, the Service, its services and any intellectual property assets included therein, shall constitute the Consent of the User to the terms and conditions of this Agreement.

1. Definitions and Interpretations

For avoidance of any ambiguous construction and other misinterpretation, the terms and expressions used in this Agreement shall have the following meanings:

1.1. Web-Platform or Platform shall mean any and all software and hardware which is integrated with the Administration Website;

1.2. Administration Website or Website shall mean any web-based sites hosted at https://nutriflow.pro/;

1.3. Service shall mean a certain combination of services and the license which are made available to the User for the purposes of using the Platform;

1.4. User Agreement shall mean this Agreement, as amended from time to time;

1.5. Administration of the Glinkin Holistic Sport Center Web-Platform or Website Administration shall include each of the authorized employees responsible for management of the Website for and on behalf of Glinkin Holistic Sport Center, who is involved in the Personal Data processing arrangements and may define purposes of processing, the range of Personal Data to be processed, as well as any actions/operations to be made on such Personal Data;

1.6. Personal Data shall mean any and all information which relates directly or indirectly to any identified or identifiable individual (the “personal data subject”);

1.7. Personal Data Processing shall mean any and all, or any combination of, actions/operations which may be taken or made with or without the use of any automated means on any Personal Data, including but not limited to collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, making available), anonymization, blocking, deletion, and destruction of such Personal Data;

1.8. Anonymization of Personal Data shall mean any and all actions taken to ensure that the Personal Data cannot be identified as attributable to any particular User other than with reference to additional information;

1.9. Non-Disclosure of Personal Data shall mean an obligation which shall be strictly complied with by the Administration or any other party which has obtained access to any Personal Data, requiring such party to prevent any transfer of such Personal Data without the consent of the relevant data subject, unless upon the applicable legal grounds;

1.10. User of Glinkin Holistic Sport Center Website or User shall mean any individual or legal entity established and existing under the laws, which has obtained access to, and/or is using, the Website https://nutriflow.pro/;

1.11. Instructor shall mean the Administration of the Website, which provides individual instructions to Users in any format, including marathons and online courses, via the Platform;

1.12. Buyer shall mean any User of the Glinkin Holistic Sport Center website who receives instructions and/or other services from the Instructor using the Website;

1.13. Cookies shall mean small blocks of data created by a web server and placed on the User's device, which block of data the User's browser transmits to a web server each time in the HTTP request while the User is browsing the Website;

1.14. IP-address shall mean a unique network address used to identify a host on an IP protocol based computer network;

1.15. User Information shall mean any information provided by the User while logging in, creating a User Account, or using the Website, including any Personal Data of the User and any information transmitted to the Website Administration automatically through software installed on the User's device while using the Website, including the IP-address, cookie content, browser type, and any other data related to the User;

1.16. Information shall mean any information placed or posted by the User or the Website Administration on the Website, including any User Information, links to other websites, text messages, photos and images, audio and/or visual works, computer software and other files;

1.17. Database shall mean the entirety of the Information placed or posted on the Website. All Information published on the Website, including its selection, grouping and configuration shall remain at all times the intellectual property of the Website Administration and/or other right holders, as the case may be;

1.18. Spamming is the use of messaging systems to send multiple unauthorized or unsolicited messages to recipients, or to send the same message repeatedly to the same User, for the purposes of commercial advertising, advice, promotion or for any other purpose;

1.19. Website shall mean the website hosted on the Internet at https://nutriflow.pro/ and operated by Glinkin Holistic Sport Center L.L.C-FZ.

Construction of any terms and expressions used in this User Agreement, which are not defined above, shall be subject to the context of this User Agreement. In case of any differences in interpretation of any such term and/or expression, the interpretation proposed by the Website Administration shall prevail.

1.20. Acceptance by the User of the offer from the Website Administration to enter into this Agreement shall be evidenced by the User's use of the Service in any manner and by any means, within the limits of its available functionality, including:

• viewing any materials published on the Website;
• signing up on and/or logging in to the Website;
• publication and display on the Website of any materials, including but not limited to texts, hypertext links, images, audio and/or visual files, data and/or any other information.

1.21. By employing any of the Service features and resources mentioned in paragraph 1.20 above, the User acknowledges that:

a) the User has read the terms and conditions of this Agreement in full before starting to use the Website;

b) the User accepts all the terms and conditions of this Agreement in full, without any exceptions or limitations, and agrees either to adhere to them or discontinue using the Website. If the User disagrees with any term or condition of this Agreement, or is disqualified from entering into this Agreement on account of any such term or condition, the User shall immediately stop using the Website; and

c) this Agreement, or any part hereof, may be amended by the Administration without further notice. The amended Agreement shall take effect as soon as it is published on the Administration Website, unless otherwise provided therein.

2. General Terms and Provisions

2.1. This User Agreement (the “Agreement”) sets forth the rules and conditions of using any Information on the Website and shall constitute a contract between the User and the Website Administration, which shall supersede any and all prior understandings between the User and the Website Administration with regard to its subject matter.

2.2. By accessing, using, and/or conducting any other activities on the Website, the User accepts and agrees to comply with all terms of this Agreement. The User does not have the right to use the Website unless the User has explicitly acknowledged and accepted this Agreement.

3. Use of the Website

3.1. In order to access the Administration's services and materials, the User must complete the purchase process by filling out the electronic registration form, after which the User will become a subscriber.

3.2. The User hereby agrees to provide true, correct and complete information about themselves in the sign-up form, and to update such information as necessary. The User shall promptly implement any changes to such information as and when they arise. The User acknowledges that the Website Administration will not generally check the correctness of any User identification information, nor will it monitor the legal capacity of the User in any way.

3.3. The Website Administration may disable the User's access to all or some of the resources available on the Website and delete the User Information without cause, if the User has breached any term of this Agreement, provided incorrect information, or the Website Administration has reason to believe that any information provided by the User is not true, complete or correct, or is inconsistent with any terms of this Agreement, or for any other reason whatsoever.

3.4. By purchasing services on the Website, the User agrees to receive news and promotional materials via email or text message related to the User's use of the Website. If the User wishes to opt out of such mailing list, the User shall give notice to the Website Administration stating that the User does not want to receive such materials. The User may not opt out of service messages and reports from the Website Administration.

3.5. Any use of the Website by the User shall be subject to the terms and conditions hereof and to the exclusive application of methods that are compatible with the performance capabilities of the Website.

3.6. The only owners of rights to any Information published on the Website are the Website Administration and/or the relevant third parties, as appropriate.

3.7. The Website Administration is the legal owner and holder of all exclusive proprietary and other rights to the Website, including but not limited to any software, graphics, design, information, and the Database implemented in or related to the Website.

3.8. The User shall not be entitled (unless expressly permitted by a feature of the Website) to amend, copy, delete, store, download, disseminate, transmit, sell, post by whatever means, or otherwise use any Information placed on the Website without the prior approval of the Website Administration and/or other concerned right holder(s), unless such consent has been expressly given for free use of that Information by any third party.

3.9. The User shall use the Information, as well as any other content of the Website, solely for the User's personal, non-commercial purposes, unless another use is expressly permitted by the Website Administration and/or concerned right holders.

3.10. The Services and the Website are not intended for individuals under the age of eighteen (18) years, or, where applicable, under the age of sixteen (16) years for residents of the European Union/EEA, unless such processing is carried out with the explicit and verifiable consent of a parent or legal guardian. By using the Website, you represent and warrant that you meet the applicable age requirements. If we become aware that we have collected Personal Information from a child without verifiable parental consent, we will delete such information promptly.

4. User Information and Personal Data

4.1. The Website Administration undertakes to apply all reasonable administrative and technical measures to protect the User Information during processing from unauthorized or incidental access, destruction, alteration, blocking, copying, dissemination and any other improper actions by third parties. However, it cannot be excluded that a failure of the Website's operation, a virus or hacker attack, malfunction, or any other event may result in User Information becoming accessible to third parties. The User acknowledges that, despite reasonable security measures, no system is completely secure, and factors such as operational failures, viruses, or hacker attacks may result in unauthorized access to User Information. The User agrees that the Website Administration shall not be liable for any such unauthorized access unless it results from the Website Administration’s gross negligence or willful misconduct, or from its failure to implement the security measures required under applicable data protection laws. This clause does not limit or exclude any rights the User may have under applicable data protection laws to seek compensation for damage caused by a personal data breach.

4.2. By entering into this Agreement and using the Website, the User acknowledges and agrees that the processing of their Personal Data (including collection, systematization, accumulation, storage, clarification, use, transfer, anonymization, blocking, or deletion) is necessary for the performance of this Agreement and for the provision of the Services requested by the User. For any processing activities that are not strictly necessary for the performance of this Agreement, the Website Administration will obtain the User's separate, freely given consent in accordance with the Privacy Policy.

4.3. The User hereby agrees that the Website Administration may collect, store, and take other actions to process User Information for the following purposes:

• execution and performance of this Agreement, and identification of the User in connection with other agreements and arrangements with the Website Administration;
• provision of customized services to the User;
• communication with the User, including sending notices, inquiries and information concerning the use of the Website, and processing the User's requests and applications;
• improvement of the Website's operation and convenience of use, and development of new services;
• sending marketing communications, subject to the User's consent as described in the Privacy Policy;
• statistical and other research based on anonymized data; and
• building and maintaining the Website's user database.

4.4. By posting their User Information, the User confirms that they are not being urged to do so, and consents to provide such User Information to the Website Administration voluntarily. The User gives this consent to the Website Administration for as long as their User Information may be required to achieve the purposes stated above.

4.5. The User agrees not to post the User Information of any third party on the Website, and not to use the User Information of other Users, if doing so is inconsistent with the requirements of U.A.E. law, for any unlawful or illegal purpose, to gain any improper benefit, or for any purpose inconsistent with the purposes for which the Website was created.

4.6. The User shall be entitled to amend (update, supplement) the User Information provided by them, or any part thereof, at any time. On the User's request sent via e-mail to [email protected], the relevant User Information then available on the Website shall be deleted.

4.7. The Website Administration may process any User Information available on the Website for as long as it remains posted on the Website, or as may otherwise be permitted under applicable law.

4.8. Without prejudice to any other provisions of this Agreement, the Website Administration shall be entitled to transfer User Information to third parties if:

• the User has given express consent to such transfer;
• such transfer is required in connection with the User's use of the Website or the provision of services to the User (for example, our payment service provider);
• such transfer is required pursuant to law, subject to the relevant statutory procedures;
• such transfer is connected with a sale or other disposal of the business (in full or in part), provided that the acquirer assumes all obligations under, and agrees to comply with, the terms of this Agreement applicable to the User Information so transferred; or
• it is necessary to protect the legal rights and interests of the Website Administration or a third party in the event that the User violates any term hereof.

4.9. The Website Administration shall not be liable for any use of the User Information by third parties, including entities to which the User Information has been made available by the Website Administration in accordance with paragraph 4.8 above, save to the extent such liability cannot be excluded under applicable law.

4.10. For the purposes of Personal Data processing, the Website Administration shall act in accordance with Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data of the United Arab Emirates and, where applicable, Regulation (EU) 2016/679 (GDPR). By accepting the terms and conditions of this Agreement, the User confirms that they have read the Privacy Policy published at https://nutriflow.pro/.

4.11. The materials, courses, webinars, and lectures made available through the Website are provided for informational purposes only. They do not constitute medical advice, diagnosis, treatment, or any form of professional healthcare service. Glinkin Holistic Sport Center does not provide personalized dietary, nutritional, or health recommendations, nor does it monitor, evaluate, or intervene in the User’s individual health, nutrition, or lifestyle decisions. Users are solely responsible for their own choices and should consult a qualified healthcare professional before making any changes to their diet, physical activity, or lifestyle.

5. Usage Fees

5.1. The use of any limited-access materials shall be subject to payment of the applicable fees.

5.2. The User may start using any limited-access materials promptly upon payment.

5.3. The Website Administration may provide (at its discretion) Users with periods of free trial use of restricted materials.

5.4. The amounts, due dates and manner of payment shall be determined at the sole discretion of the Website Administration and published in a “Rates” section. The content of the “Rates” section of the Website constitutes an integral part of this Agreement.

5.5. The Website Administration shall be entitled to change the rates, deadlines and manner of payment of any user fee by publishing such information in the “Rates” section of the Website. Any such change shall become effective once published, unless the Website Administration specifies another effective date.

5.6. All payments under this Agreement shall be made subject to applicable exchange regulation and control requirements.

5.7. The Website Administration assumes that any payment made for or on behalf of the User is made by such User or the User's representative. The User bears the risk of any third-party access to the User's bank account or bankcard.

5.8. The User shall promptly notify the Website Administration of any third-party access to the User's bank account or bankcard once the User knows it, by sending an email to the Website Administration's email address, together with proof of the User's identity. Until the Website Administration receives such notice and is satisfied that a third party has in fact obtained such access, the Website Administration will treat all payments as made by, or with the approval or consent of, the User or the relevant third party.

5.9. Payments made by the User to the Website Administration are non-refundable, including where the User fails to observe the provisions of this Agreement, fails to perform their obligations, loses interest in using the Website, or otherwise becomes unable to perform their obligations under this Agreement, subject to the terms of this Agreement and applicable U.A.E. law. Prior to making any payment, the User shall review the features and limits of the offering available on the Website. This clause does not limit or exclude any non-waivable statutory right of withdrawal, cancellation, or refund that applies to the User under mandatory consumer protection law of the User's country of residence (including, where applicable, the right of withdrawal for digital content under EU consumer protection law), to the extent such right cannot be excluded by agreement.

For the avoidance of doubt, this clause does not affect any statutory rights the User may have under applicable consumer protection laws of their country of habitual residence, including any mandatory right of withdrawal for digital content under EU law, to the extent such rights cannot be excluded by agreement.

6. Liability. Limits of Liability

6.1. The Website Administration uses its best efforts to provide proper 24/7 operability and availability of the Website. However, the Website Administration shall not be liable for any operating irregularities of the Website occurring for whatever reason.

6.2. The Website Administration does not warrant the accessibility of all Information posted on the Website at all times, or that it will not be deleted or lost. The Website Administration shall not bear liability for any failure or delay of the Website's operation, or any consequences of such failure or delay.

6.3. The Website Administration shall not be liable for any leak of Information from the Website Database occurring for any reason, including unauthorized actions of a third party, except to the extent such leak results from the Website Administration's failure to apply the security measures required under applicable data protection law.

6.4. The Website Administration shall not be liable for any virus infection of the Website or the consequences of virus attacks or other malicious code affecting a User's device. The Website Administration provides the Website to the User “as is” without further guarantees.

6.5. Any recommendations which the Website Administration provides to the User via the technical facilities of the Website represent mere projections based on the information provided by the User. Such recommendations may differ from the User's actual preferences. The Website Administration shall not be liable for any inconsistency between such recommendations and the User's actual preferences.

6.6. The Website Administration shall not account for, be liable for, or compensate any losses, including loss of profit or moral or other damage caused to the User or a third party by their use of, or as a result of the operation of, the Website. In no event shall the liability of the Website Administration exceed Five Hundred US Dollars (USD 500), and any such liability shall be subject to proof of fault.

6.7. The Website Administration shall not be held liable under any contract between the User and a third party entered into via the Website. The role of the Website Administration is limited to providing access to the Website, and any binding contractual obligations may arise only directly between the Users or third parties concerned. The Website Administration bears no liability for such obligations.

7. Force Majeure

7.1. A Party shall be relieved of liability for any failure to perform its obligations hereunder, in full or in part, if it demonstrates that full performance is prevented by an event of force majeure, i.e., extraordinary circumstances which are unavoidable at the time. Force majeure includes acts of God, epidemics, natural and industrial disasters, terrorist actions, war, civil disobedience, general telecommunication failures, and acts of government or local authorities that prohibit or limit the Parties' activities, or any other circumstances the Parties were unable to foresee or prevent.

7.2. Upon the occurrence of force majeure that makes performance of a Party's obligations impossible, the due dates for performance shall be extended for as long as such circumstances continue, plus any period required to remedy the consequences, but no more than sixty (60) calendar days. If the duration of a force majeure event exceeds, or both Parties recognize it will exceed, that period, the Parties agree to negotiate alternative ways to perform or to terminate this Agreement without liability for either Party.

8. Miscellaneous Provisions

8.1. This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any dispute or claim arising out of or in connection with this Agreement, including its formation, shall be submitted to the courts of Dubai, United Arab Emirates, which shall have exclusive jurisdiction.

8.2. The Website Administration and the User agree to use their best efforts to settle all claims and differences through discussions. The Parties shall give all notices to each other in writing to the following email addresses: for the Website Administration, [email protected], or via the Feedback section of the Website; for Users, the e-mail address provided by each User in their subscription details. Within thirty (30) calendar days of receipt, the receiving Party shall respond to the claim in writing in a well-reasoned manner. If the Parties are unable to settle a dispute or claim through discussions, it shall be referred for settlement to the competent courts referred to in clause 8.1.

8.3. Nothing in this Agreement shall be interpreted as establishing any agency, partnership, joint venture, or employment relationship between a User and the Website Administration, or any other relationship not expressly provided herein.

8.4. If one or more provisions of this Agreement are held invalid or unenforceable for any reason, the validity and enforceability of the remaining provisions shall be unaffected.

8.5. A failure of the Website Administration to exercise its rights in the event of a breach by the User or any other user of this Agreement shall not constitute a waiver of that right in respect of any later date, or any subsequent or similar breach.

8.6. This Agreement may be provided to the User for review in a foreign language where possible. In case of any difference between the English version and any foreign-language version of this Agreement, the English version shall prevail.

8.7. The Website Administration shall be entitled to amend this Agreement at any time without further notice. The amended version shall become effective once published on the Website, unless otherwise stipulated in that new version.

The current version of the User Agreement is permanently available on the Website at https://nutriflow.pro/