Public offer
for services related to providing access to online coursesу on body mobility development

Bussum, Nederland
revision of 10.06.2025
IE Elena Ko
Kwk nummer 66840791
Torenlaan 5B
1402 AT Bussum
Nederland
movewithelena@gmail.com
hello@movewithelena.online

Customer

a person who accepted the terms of the Offer by accepting and paying for services

Contractor


IE Elena Ko

Kwk nummer 66840791

Torenlaan 5B

1402 AT Bussum

Nederland

movewithelena@gmail.com 


In accordance with the provisions of Book 6 of the Dutch Civil Code (Burgerlijk Wetboek), including Articles 6: 217 and 6: 225, a person who accepts the terms set out below and pays for the Contractor's services is considered to have accepted the offer. From the moment of such acceptance, a new agreement arises between the parties, and the person who performed the specified actions is recognized as the Customer.

From the moment of payment, the Customer agrees to all the terms of the Offer, and the contract is considered concluded in electronic form.
The Contractor reserves the right to change the terms of the Offer. The current version of the Offer comes into force from the moment it is posted on the Website, unless otherwise specified directly in the text of the Offer.

Terms and definitions
  1. Website (Site) — a website owned by the Contractor and located at: www.movewithelena.online
  2. Acceptance — the Customer's full and unconditional acceptance of the terms of the Offer. Acceptance of the Offer is the implementation of all the following actions in aggregate:
  3. Familiarizing the Customer with the terms of the Offer;
  4. payment for the Contractor's services.
The Customer understands that Acceptance of the Offer in accordance with the procedure specified in this clause is equivalent to entering into a Contract on the terms set out in the Offer.
  1. The course (Course) –– is an online program called Move with Elena, which is a digital product that includes a series of video tutorials and teaching materials aimed at developing body mobility. The program is intended for individuals and is provided exclusively for personal purposes (not for commercial use).
The program consists of 10 weeks of basic training material and 2 additional weeks, which can be used in case of illness or other valid reasons related to the inability to complete classes during the main period.
Within one week, the participant receives:
  • 4 full-body comprehensive mobility classes (20-25 minutes each);
  • 2 classes on targeted or restorative mobility (for example, shoulders, feet, evening practices);
  • 1 day of rest or soft active practice (optional).
  1. Content and materials — objects of the Contractor's intellectual property, including, but not limited to, texts, images, graphics, photos, videos, sounds, programs, materials, logos, trademarks, user interfaces, computer codes. These objects are the content of the Site, Course, and information materials sent to the Customer.
  2. Payment system – a platform integrated on the Site and provided by a third party – Stripe, Inc. and its affiliates - under an agreement between the Contractor and Stripe. The payment system allows Customers (including Private Clients) to pay for Services offered through the Site using various payment methods, including bank cards (Visa, MasterCard, American Express), electronic wallets (Apple Pay, Google Pay), as well as other methods supported by Stripe.
The payment system provides secure, fast and reliable transaction processing that meets PCI DSS standards, as well as the requirements of the legislation of the European Union and the Netherlands, including provisions on consumer protection and personal data processing. Stripe acts as a payment provider and processing platform and is not a bank.
Use of Stripe is subject to Stripe's Terms of Service Stripe and Stripe's Privacy Policy. The Contractor does not store Customer payment card data and is not responsible for the actions of the payment provider, including authorization failures or failures on the Stripe side.
  1. Platform - a set of programs for electronic computers, graphic files, audio, video, multimedia data and other information contained in the information system, containing educational materials, as well as an intermediary service between the Contractor and the Customer, which is a separate site, access to which is provided via the Internet via a hidden link sent by the Contractor to the Customer after payment for the Course.
  2. Services — are digital services provided by the Performer through the Site and Platform, which consist in providing access to the Course.


1. Subject of the Offer
1.1. The Contractor undertakes to provide the Customer with Services for providing access to the Course Move with Elena for a fee, and the Customer undertakes to accept and pay for them in accordance with the terms of the Offer and the information posted on the Site.
1.2. The Services are provided by the forces and means of the Contractor and third parties involved by the Contractor at the Contractor's choice.
1.3. The Offer covers all existing (actually functioning) functions of the Site at the moment, as well as any subsequent modifications and additional Services that appear in the future.
1.4. This Offer and the Services provided are not a form of formal education or a recognized educational program within the meaning of Dutch education legislation, including Wet op het Hoger onderwijs en Wetenschappelijk onderzoek (WHW), and are not subject to licensing as an educational activity, since the Services provided by the Contractor:
  • they are not an official accredited program.
  • do not lead to the issuance of diplomas or certification recognized by the state;
  • not included in the Central Register of Higher Education Study Programs (CROHO).
And the Contractor provides the Services in full in accordance with the terms of this Offer, but is not responsible for:
  • the degree of assimilation of the Program materials by the Customer,
  • achievement of expected or expected personal and/or professional results by the Customer,
  • subjective assessment of the quality or effectiveness of Services.
The Customer is solely responsible for applying the knowledge and practices obtained within the framework of the Course.
1.5. The Parties acknowledge and agree that their relations are governed by the laws of the Netherlands, including the provisions of the Civil Code (Burgerlijk Wetboek). Since the Services provided constitute the delivery of digital content that is granted to the Customer immediately after full payment, the right of withdrawal (herroepingsrecht) provisions provided for in article 6:230o BW do not apply.
By accepting this Offer and paying for the Services, the Customer expressly agrees that:
  • they get access to digital content immediately after payment.
  • it loses the right to withdraw from the contract in accordance with Article 6: 230p (d) BW;
  • refund will not be received after gaining access to the Course.
The Services are considered to have been provided in full and properly from the moment the link providing access to the Platform is sent to the Customer.
1.6. When providing Services, the Contractor does not issue any diplomas or other educational documents (including state-issued ones) confirming the Customer's achievement of a certain skill, obtaining additional qualifications, etc.
1.7. The Contractor has the right to change the procedure for providing Services and the program at any time without prior agreement with the Customer, while ensuring that the changed terms and conditions are published on the Site.
1.8. The Contractor provides Services remotely, in an online format, by providing the Customer with access to the Platform.

2. Procedure for providing Services
2.1. Leaving a request on the Website:
Before starting to provide Services, the Customer must click on the" Buy" button, leave a request on the Site and enter their personal data for subsequent access to the Course after payment: email, name, mobile phone, country of residence.
When providing the specified data, the Customer agrees to the Privacy Policy regarding the processing of personal data.
2.2. Payment For Services:
After completing the Application, the Customer clicks on the "Buy" button and pays for the Services. Payment is made once, in the amount specified on the Site, through the use of a Payment system.
2.3. Access to the following Services:
After payment confirmation, the Contractor sends the направляет Customer a link to the Platform with access to the Course within 1 (one) business day.
2.4. Saving data:
The Customer's addresses and contact details Заказчика remain in the Contractor's database after the Services are completed. This allows the Performer to send an advertising newsletter and invite participants to their future projects.
2.5. Feedback:
The provision of Services by the Contractor does not provide for feedback regarding support during the Course.
The Contractor answers questions about the Services provided, payment, and access to the Platform when receiving requests via email movewithelena@gmail.com within 3 (three) business days from the moment of receipt of the corresponding request from the Customer.
2.6. The fulfillment of the Contractor's obligations to provide Services is considered to be providing the Customer with access to the Platform by sending a link to the Customer's email address.
At the same time, non-use of the Course materials by the Customer, its non-completion does not indicate poor-quality provision of Services on the part of the Contractor. In this case, the Service is considered to have been provided in full.
The Contractor provides Services exclusively for informational and educational purposes. The Contractor is not responsible for any direct or indirect consequences associated with completing the Course, including, but not limited to, achieving or not achieving the expected results, as well as possible physical, psychological or other reactions of the Customer.
2.7. Medical Disclaimer
The Contractor is also not responsible for the presence or absence of medical indications or contraindications for performing exercises and recommendations contained in the Course. The Customer confirms that he independently evaluates his physical and psycho-emotional state, accepts all risks associated with performing exercises, and, if necessary, consults with the attending physician or other specialist before starting the Course.
By participating in the Course, the Customer confirms that he is in good health and physically able to exercise. The performer is not a licensed medical professional, and the Course is not a substitute for medical advice. The Customer assumes full responsibility for any injury or health consequences resulting from participation in the Course.
It is recommended that the Customer consult with a medical professional to determine whether the Course program is appropriate for his physical condition and needs.
The Customer assumes the full risk of injury and agrees to release the Contractor from any loss, liability or damage resulting from the Customer's injuries during the Course.
The Customer uses any information provided by the Contractor as part of the Course solely at his own risk.
2.8. Access to information materials and other objects of the Contractor's intellectual property is granted to the Customer on the basis of a non-exclusive license valid during the period when the Contractor has exclusive rights to the relevant information and video materials and other objects of intellectual property rights provided to the Customer. The exclusive license is granted to the Customer only with the right to review and use the materials independently, without the right to copy, distribute, publish, reproduce, broadcast or otherwise use them in full or in part.
Terms of access to Course information materials
The Customer has the right to use access to the Course information materials within 12 (twelve) calendar weeks from the date of the Course start specified by the Contractor.
2.9. The Customer independently monitors all updates and changes in information received from the Contractor within the framework of the performance of this Agreement, promptly and independently gets acquainted with the terms of rendering Services, their volume and content on the Website, by e-mail, as well as changes made by the Contractor. The risk of adverse consequences for the Customer in case of improper fulfillment of the obligations regulated by this clause lies with the Customer.
2.10. In case of loss of access to the Platform, the Customer undertakes to immediately notify the Contractor about the problem via e-mail: movewithelena@gmail.com.
The Contractor undertakes to take the necessary measures to restore access within 1 (one) business day after receiving the notification from the Customer.
If access cannot be restored due to technical reasons, the Contractor undertakes to provide the Customer with temporary access to similar materials or offer another way to receive the service no later than 3 (three) business days from the date of the request.
The Contractor is not responsible for delays in restoring access caused by the actions or omissions of third parties, as well as for the actions of the Customer himself who violated the terms of use of the Platform.

3. Price and payment procedure for Services
3.1. The price of services is indicated on the Contractor's Site and VAT is not charged.
3.2. Payment for Services is made at the Customer's choice by making an advance payment in the amount of 100% of the cost of Services by bank card through the Payment System posted on the Site.
3.3. The payment date is considered to be the date of receipt of funds to the Contractor's current account.
3.4. In case of making a payment using a bank card, the Customer is recommended to use a bank card issued in the name of the Customer. In case of refund of the paid funds, the refund is made using the same banking details that were used to receive the payment, and based on the personal application of the person in whose name the bank card was issued.
3.5. The Contractor is not responsible for the actions of the payment system including in case of refusal of the operators to accept payments, delay in the transfer of payment in favor of the Contractor, as well as in other cases.
3.6. The Contractor reserves the right to change the cost of its Services at any time without prior notice to the Customer. These changes can be published on the Website. At the same time, the cost of Services already paid for by the Customer does not change and is not subject to recalculation either in the direction of increase or decrease.
3.7. The Contractor has the right to hold promotions at special prices (with discounts). A Customer who has entered into a Contract prior to the application of the special offer does not have the right to demand a change in the terms of the Contract and a refund of the difference between the price paid by him and the price under the special offer.


4. Refund of funds
4.1. The Customer agrees that since the Services are provided by the Contractor as part of a business activity, the cost of the Services is not refunded, since the Services provided constitute the delivery of digital content, access to which is granted to the Customer immediately after full payment, the provisions on the right of withdrawal (herroepingsrecht) provided for in Article 6: 230o BW do not apply.
4.2. The Contractor has the right to unilaterally terminate this Agreement without compensation for losses caused to the Customer, with deduction of the actual cost of Services rendered. If the Customer significantly violates the terms of this Offer, the funds paid by the Customer are not subject to refund and are a penalty for the actions of the Customer. A significant violation of the terms of this Offer means any violation of copyright regulated by the current legislation of Netherlands on copyright, repeated (more than twice) delays of the Customer, violation of the rules of communication in the chat or other terms of this Offer. At the Contractor's discretion, depending on the nature of the violation, any violation by the Customer of the rules established by the Offer, committed once and/or more than twice, may be considered material.
5. Copyright and Intellectual property
5.1. All exclusive rights to materials posted on the Site, Platform and provided to the Customer are objects of the Contractor's intellectual property.
5.2. After the deadline for providing access to the Course information materials specified in clause 2.7 of the Offer expires, the Contractor has the right to change the link to the Platform with the Course provided. The Parties acknowledge and agree that the Contractor's non-use of the access granted to it does not extend the established duration of Service provision.
5.3. The Customer acknowledges and agrees that the materials of the provided Services of the Contractor, the Course, as well as the structure of their content are protected by copyright and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, on all media and in relation to all technologies, as currently existing, as well as those developed or created later. No rights to any content of the platform on which the Contractor's Content and materials are stored, including, but not limited to, audio-visual works, text and graphic materials, computer programs, trademarks, are transferred to the Customer as a result of using the Site and accepting the Offer.
5.4. The texts of e-mail messages received during the mailing list, trademarks, logos, trade names, other ways of individualization, any texts, images, other copyright objects posted on the Site, Platform, or in the Contractor's materials are the property of the Contractor, and accordingly, it is prohibited to use these objects without the Contractor's consent.
5.5. Without the written permission of the Contractor, any modification, copying, distribution, republication without reference to the original source, creation of derivative works, transfer, sale, licensing of materials obtained during the provision of Services by the Contractor is prohibited.
5.6. If, through the fault of the Customer, third parties gain access to the materials provided as part of the Services, the Customer is obliged to pay the Contractor a fine in the amount of 100,000 (one hundred thousand) euros.
5.7. For copyright infringement, the Contractor has the right to demand payment of a fine in the amount 1of 1,00,000 (one hundred thousand) euros for each fact of violation on the part of the Customer.
5.8. The Contractor's claim for payment of a fine is subject to immediate satisfaction in a pre-trial procedure within 10 (ten) days. In case of refusal or non-satisfaction of the demand for payment of a fine by the Customer, the Contractor has the right to immediately apply to the court for protection of the violated right.

6. Confidential information
6.1. The Parties undertake not to disclose and take measures to protect information related to the subject of the Offer from unauthorized access by third parties.
6.2. Confidential information includes any information related to the process of providing Services by the Contractor that is not publicly available and is not publicly available. The Customer undertakes not to disclose confidential information and other data provided by the Contractor during the provision of Services (with the exception of publicly available information) to third parties without the prior written consent of the Contractor.
6.3. In this regard, the Parties undertake to take the necessary measures to protect confidential information and not disclose it to third parties without the prior written consent of the other Party.
6.4. The obligation to maintain confidentiality is unlimited.
6.5. Confidential information does not include information that:
● Became known to the receiving Party after its transfer, and the receiving Party is not aware of the violation of the obligations of non-disclosure of confidential information provided for in the Offer, and it did not participate in the violation of these obligations.
● Becomes generally known at or after the transfer and has been made available to third parties by the transferring Party without restrictions.
● Became publicly known in any other way, not through any fault or omission, or as a result of a violation of this Offer.
● Was transmitted without the obligation of confidentiality, and the transfer was explicitly authorized in advance in writing by the transmitting Party.
6.6. The Customer undertakes not to make publicly available on the Internet information about the procedure and results of interaction between the Customer and the Contractor, including issues related to the provision of Services, refunds under this Agreement or consideration of claims arising from this Agreement. Violation of this obligation is considered as unauthorized disclosure of a commercial secret and / or damage to the honor and business reputation of the Contractor and its commercial project.
6.7. The Customer undertakes not to disseminate defamatory information about the Contractor or his Course, activities that may harm the honor, dignity and business reputation of the Contractor and its commercial project. When publishing such information, the Contractor reserves the right to file a claim in court for the protection of honor, dignity and business reputation and to collect from the publisher the amount of a fine of 5,00,000 (five hundred thousand) euros. This amount is due to losses that the Contractor may incur due to unfair actions of the Customer.

7. Dispute resolution
7.1. All disputes and disagreements arising between the Parties under or in connection with the Offer must be settled by mutual negotiations between them.
7.2. Upon completion of the provision of Services, the Act is not drawn up and signed, if the Customer has not received any objections within 2 (two) business days from the moment of rendering the Services, the Services are considered to have been rendered and accepted properly.
7.3. The Contractor is not responsible for non-compliance of the provided Service with the expectations of the Customer and/or for its subjective assessment, such non-compliance with expectations and/or negative subjective assessment are not grounds for considering the Services provided to be of poor quality or not in the agreed amount.
7.4. All decisions made by the Customer based on the information received from the Contractor are within the exclusive competence of the Customer and in the area of its responsibility. The information provided by the Contractor is based on the Contractor's personal experience, is purely informational in nature and is not the only correct and possible solution to the Customer's strategy issues.
7.5. If the Customer does not use the Services for reasons beyond the Contractor's control, the Service is considered to have been rendered properly and the funds paid to the Contractor are not refundable.
7.6. Before submitting a dispute to the court, the Parties must comply with the pre-trial claim procedure for its settlement. The Party that received the claim must review it within 10 (ten) calendar days from the date of receipt and send a response to the other Party.
7.7. If, within 30 (thirty) calendar days from the date of the Party's declaration of the existing dispute to the other Party, the dispute or disagreement is not settled or not fully settled, either Party has the right to file a corresponding claim, which is subject to consideration in court at the location of the Contractor. Any disputes shall be submitted to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

8. The Offer validity period. Termination procedure
8.1. The new version of the Offer comes into force from the date of its posting on the Site, unless otherwise explicitly stated in the text of the Offer or in the text of published changes.
8.2. In case of disagreement with the new version of the Offer, the Customer has the right to unilaterally refuse to execute it, provided that the Customer automatically loses access(s) to the Contractor's Services.
8.3. If the Customer continues to use the Contractor's Services after changing the Offer, the Customer is considered to have agreed to the new version of the Offer.
8.4. The Parties have established that correspondence by e-mail, made using the details specified in this Offer, when the Customer fills out an application on the Site, in compliance with this Offer, is sufficient and acceptable evidence to confirm the facts indicated in them, without special notarization of such facts and screenshots.
8.5. The place of conclusion of the Offer is recognized as the location of the Contractor. Dutch law applies to the Offer.

9. Contractor's details
IE Elena Ko
Kwk nummer 66840791
Torenlaan 5B
1402 AT Bussum
Nederland
movewithelena@gmail.com


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