Website Terms of Use and Privacy Policy
The material on theĀ Ellavate CoachingĀ ABN 98 946 312 331 website, under the domain name āEllavatecoaching.com.auā (collectively āWebsiteā), resides on a server in the state of New South Wales, Australia. This Website is offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to this Website constitutes your acceptance.
Ellavate Coaching ABN 98 946 312 331 (āEllavateā, āIā or āMeā) may change the Terms of Use at my discretion and without notice. A version of the current Terms of Use will be available on this Website as they are changed. By continuing to use the Website, you accept the Terms of Use as they apply from time to time.
If you access this Website from outside Australia, you are also responsible for ensuring compliance with all applicable laws in the place where you are located.
1. Anti-spam notice
Publication of electronic addresses on the Website is for the purpose of professional communication only and must not be used to infer consent by me or the relevant addresses to the receipt of unsolicited commercial electronic messages.
2. Content on this Website
Material or information (āā) on this Website is not advice, is subject to periodic changes, and may include technical inaccuracies or typographical errors. I do not warrant the accuracy, completeness or adequacy of the content on this Website. You should make your own enquiries before entering any transaction on the basis of the Content on this Website.
3. External links and advertisements
This Website contains links to websites maintained by other organisations over which I have no control. I do not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk. I make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which this Website is linked, nor am I responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products and/or services.
4.Ā Limitation of liability
(a) I make no warranties or representations about this Website or any of the Content;
(ii) accept no responsibility for any loss suffered by you or anyone else in connection with the use of this Website or any of the Content;
(iii) do not guarantee that this Website will not cause damage or is free from viruses or any other defects or errors.
(b) I, to the maximum extent permitted by law, exclude any liability which may arise as a result of the use of this Website or the Content on it. Where liability cannot be excluded, any liability incurred by me in relation to the use of this website or the Content is limited as provided under the Trade Practices Act 1974 (Cth) (s.68A). Under no circumstances will I be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors. I will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding any external link should be directed to its responsible site administrator or webmaster.
c) In consideration of the provision of Services to You, You hereby release and forever discharge Me from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that You may have incurred arising from or in connection with your membership to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission by Me or my employees or agents.
(ii)Ā In consideration of the provision of Services to You, You agree that I will not be liable for any death, personal injury or illness occurring during your training.
5. Copyright in the material on this Website and the restrictions on use
(a) Save and except for any third-party copyright included on this website under a licence or agreement, all the Content of this Website and downloads from it, are owned by Me.
(b) All rights reserved. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.
(c) I grant you permission to do the following with the content unless otherwise indicated:
(i)store a reproduction of the content on your local computer for the sole purpose of viewing it;
(ii)print hard copies of the content for non-commercial use or personal use only;
(iii)reproduce or distribute any complete page of the content so long as:
(A)you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document;
(B)you do not modify the copy from how it appears on the Website (unless expressly authorised by Me);
(C)this copyright notice appears in its entirety in each copy made or distributed, and
(D)the content is appropriately attributed to Me.
Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the Content on the Website including audio and video excerpts without My prior written approval.
6. Copyright in other material
(a) I make no warranties or representations that third-party material on this Website or material on other websites to which this Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.
(b) I am not, and must not be taken to be, authorising the infringement of any intellectual property rights contained in material on other sites by linking this Website to such material on other sites.
7. Trademarks
This Website may contain trademarks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.
8. Indemnification
(a)You agree to indemnify, defend and hold Me harmless and my contractors from any loss, liability, claim demand, damage or expenses (including reasonable solicitorās fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on this Website, or messages posted or transmitted by you on or through this Website.
(b)I reserve the right, at My own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which does not relieve you of your indemnification obligations.
9. Invalid terms and conditions
In the event that any or any part of the terms contained in these Terms of Use are determined by a court to be invalid, unlawful or unenforceable, then such term/s will be severed from the remaining terms.
10. Variation of Terms of Use
I reserve the right, at My sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and you should, therefore periodically review this page.
11. Website unavailability
(a) I do not accept responsibility in the event that the Website is unavailable to you due to any computer downtime, malfunction or such other event outside My control.
(b) If, however, you do experience any difficulty accessing the Website, please do not hesitate to email Me onĀ and I will contact my website administrator to remedy this.
12. Medical Disclaimer
(a)Ā We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Site or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and well-being and whether, in all the circumstances, you should access and use the Site and/or participate in the System and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Site, the Program and/or its products or services.
You agree that neither we nor any of our affiliates, service providers and/or suppliers warrant or make any representation of the contents, products, services or offers referred to in the Site, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Site, the Program or its products and services, is at your sole risk.
13. Online Coaching Programs "Services"
You are agreeing to one of ourĀ coaching programs:
a) Lifestyle coaching with a minimum commitment of 24 weeks. Paid via weekly direct debit at $149 per week or upfront at $3000. If you terminate for any reason within 24 weeks, you will be liable to pay out your remaining coaching week. No refunds are available on terminated contracts; all payments are final.
b) Competition Prep coachingĀ with a minimum commitment of 24 weeks. Paid via weekly direct debit at $189 per week or upfront at $4000. If you terminate for any reason within 24 weeks, you will be liable to pay out your remaining coaching week.Ā No refunds are available on terminated contracts; all payments are final. You can transfer your coaching week to our lifestyle coaching package if you no longer compete.Ā
c) Fit IN 12 Group Coaching Program, a 12-week commitment paid upfront $650. All 12 weeks are used in one block; you cannot pause or carry over a week. No refunds are available on terminated contracts; all payments are final.
d) Train With Ellavate and Train With Ellavate Goldāno lock-in contracts, monthly subscriptions to training only, or full app access at $29.99 andĀ $49.99 per month.
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