General Terms and Conditions
- Advance Payment – funds transferred to the Platform by the Client or the User and used for purchasing the Services from the Stebby Platform;
- Group Account – User Account intended for the management of User Groups on the Platform;
- Group Account Administrator – a responsible User who manages the rights of the related User Accounts and Group Account data and has access to all options related to the Group Account and reporting on the Platform;
- Price List – the list of prices published on the Platform specifying the prices of the services provided by Stebby;
- User – a natural person who has joined the Platform on their own or who has been added to the Platform by the Group Account Administrator;
- User Account – a section of the Platform controlled by the User;
- Client – a legal or natural person using the Platform;
- Compensation – funds related to the User Account and the Group Account enabling the User to use the Advance Payment of the Client;
- Ticket – the right of the User to the Service of the Service Provider under the terms and conditions indicated at the time of purchase;
- Stebby – Stebby OÜ (registry code 12231911);
- Service – a product or service (in particular health and sports services) provided by the Service Provider on the Platform;
- Service Provider – a legal or natural person in a contractual relationship with Stebby who offers the Service to Clients and Users using Stebby;
- Platform – the website of Stebby and its related parts that can be found at www.stebby.eu and in some countries at the corresponding local address (www.stebby.ee, www.stebby.lv, www.stebby.lt).
APPLICABILITY OF TERMS AND CONDITIONS AND PROCEDURE FOR AMENDMENT
- The General Terms and Conditions (https://stebby.eu/terms) are applicable for all Clients, Users, and Service Providers.
- The Price List is applicable for all Clients. The Terms and Conditions of the Service Provider and the Price List are applicable for all Service Providers. The terms and conditions established by the Service Provider are applicable for Users of the respective Service Provider’s Service;
- All Terms and Conditions are available for review on the Stebby Platform;
- Stebby has the right to terminate the Contract with the User without giving prior notice if the User has fundamentally breached these Terms and Conditions or the Terms and Conditions of the Service of the Service Provider. Inter alia, the following are considered to be fundamental breaches:
- the User has provided false information;
- the User violates obligations arising from the Contract entered into with Stebby;
- the User violates the rules established by the Service Provider for using the Service;
- The User misuses the Platform and by doing so, endangers Stebby or other Users.
NATURE AND PROVISION OF THE SERVICE
- Stebby mediates the Service of the Service Provider to the Clients and/or Users using the Platform.
- The Service Provider specifies the rules for purchasing and using the Services on the Platform.
- Having a User Account on the Platform is free of charge.
- The User is the only person with the right to purchase or initiate the use of a Service.
- If possible, the Advance Payment or Compensation on the User Account is used to pay for the Service, whereas Compensation is preferred.
- Having made a partial payment for the Service using the Platform, the missing funds will be reimbursed in agreement with the Service Provider (in cash, by making a card payment on the spot, etc.).
- If allowed by the Service Provider, the User may purchase a Ticket on the Platform or from the Service Provider at their location.
- The Advance Payment is made in the manner described on the Platform, as a rule by making a bank transfer to the bank account of Stebby using the reference number of the Client or the User.
- The unused Advance Payment made by the User will be returned upon deletion of the User Account.
- If the User has purchased a Ticket but is not provided with the Service for reasons arising from the Service Provider, the User has the right to return the funds in the value of the Ticket to their User Account.
- If the User has purchased a Ticket and booked a time to use the Service, but does not actually use the Service, then the Service Provider has the right to deem the Ticket used. In this case, the funds remain with the Service Provider.
- If the User has purchased a Ticket, but the Service is not provided and no time is booked for using the Service, the funds reserved for the Ticket belong to Stebby.
- The User Account is personal and the User has the sole right to its use. The User is prohibited from giving their User Account to other persons for use.
- The sale and reversal of the Service and Tickets only takes place on the Platform.
PROTECTION, PROCESSING OF PERSONAL DATA, AND DIRECT MARKETING
- Stebby owns the copyright to the Stebby Platform, including to the software, databases, and graphic design.
- Stebby suspends access to User Accounts associated with incorrect data until the data is corrected. If the data is not corrected within fourteen (14) days after notifying the User, Stebby has the right to delete the User Account. The above applies to all accounts on Stebby.
- If a fraud scheme is suspected, Stebby has the right to close the account related to the suspicion and suspend the transactions.
- Personal data collected on the Platform and in connection with it is subject to the principles of personal data processing, which are available at www.stebby.eu/privacy.
RIGHTS AND OBLIGATIONS OF THE USER
- The User must follow the terms and conditions for use of the Service established by the Service Provider.
- The User, not Stebby, is liable for the violation of rules established by the Service Providers.
- The User shall keep the access to the User Account known only to themselves and notify Stebby without delay in case of access by third parties.
- The User is entitled to the Service if they have purchased a Ticket.
- The User provides Stebby with correct data and monitors on an ongoing basis that the data provided is up to date. The User is liable for the correctness of the data provided.
OBLIGATIONS AND LIABILITIES OF THE PARTIES
- When the Service is provided, the Parties to the transaction are the User and the Service Provider.
- Stebby is not liable for fulfilling the obligations arising from the agreement entered into between the Service Provider and the User.
- Stebby is not liable for any damages incurred by the Users during the use of the Service (for example, injuries, medical expenses), as well as for property damage (for example, loss of personal belongings or theft).
- The User provides Stebby with correct data and monitors on an ongoing basis that the data provided is correct.
- The Tax-Free Services section of the Stebby Online Environment lists Services that the Service Provider has designated as a Service that in the opinion of the Service Provider is not subject to fringe benefits. Stebby does not guarantee and is also not liable if the Tax and Customs Board interprets the law differently from the Service Provider. If, in the opinion of the Tax and Customs Board, the Service in the Tax-free Services section is subject to taxation and the payment of the respective tax is required, then Stebby does not have to reimburse the Client for the payment of taxes.
- Force majeure is a circumstance which the Party could not influence and, based on the principle of reasonableness, could not be expected to take into account or avoid this circumstance at the time of concluding the Contract or to overcome the impeding circumstance or its consequence.
- The Parties will be released from the performance of obligations arising from and related to the Contract in part or in full for the period when force majeure prevents them, whereas the Parties are obliged to take all necessary measures to prevent damage to the other Party and ensure the performance of the Contract.
- The existence of force majeure must be proved by the Party that wishes to refer to the circumstances of force majeure as a basis for being released from liability arising from legislation or provided for in the Contract for non-performance or improper performance of obligations under the Contract.
- Notice of force majeure shall be given to the other Party in a form reproducible in writing at the earliest opportunity by the Party that is in violation of the Contract due to it.
OTHER TERMS AND CONDITIONS
- The Parties cannot transfer the rights and obligations arising from the Contract to any third person without the written consent of the other Party.
- All notices of Parties related to the Contract shall be in a form reproducible in writing.
- The legislation of the Republic of Estonia shall be adhered to in the performance of the Contract and in the event of disputes arising from the Contract.
- Any disputes arising from the Contract will be resolved by agreement between the Parties. If no agreement is reached, the disputes will be resolved in Harju County Court.
- The Contract is entered into if the User has confirmed their agreement with the terms and conditions of the Contract on the Stebby Platform.