1. ELASKO Terms and Conditions
By clicking “I accept”, you agree to be personally bound by these terms and conditions, these terms apply to the use of this Website (or APP), including the use of the information services provided through this Website (or APP).
As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
No information contained in the Website (or APP) is intended to be used as medical advice and is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes.
You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
1.2 Information provided on Website (or APP)
All information provided by us on the Website (or APP) is provided in good faith. We may update any information at any time but you acknowledge that the information may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website (or APP) or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website (or APP).
You should not rely on this information as a substitute for, or replacement of, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. The use of any information provided on this site is solely at your own risk.
1.3 Security of Information
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
1.4 Fitness Levels
We recommended that you exercise regularly. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning exercise. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website (or APP). The information on the Website (or APP) may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
To the maximum extent permitted by law, we exclude all liability arising from any services or activities within the ELASKO studio(s) or online activity through the website (or APP) for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.
1.5 Waiver, Informed consent, and covenant not to sue (participating in studio/online activity)
I have volunteered to participate in a class, course or program containing physical exercise under the direction of ELASKO limited. In consideration of ELASKO limited, with agreement to instruct, assist, and train me, I do here release and discharge and hereby hold harmless ELASKO limited, and their respective employees from any and all claims, demands, damages, rights or causes of action, present and future, arising out of or connected with my participation in this or any program including any injuries resulting from them. This waiver and release from liability includes, without limitation, injuries which may occur as a result of (1) my use of all amenities and equipment in ELASKO, and facilities or premises and my participation in any activity, class program, personal training or instruction (2) Equipment that may malfunction or break (3) their negligent instruction or supervision (4) any slipping and/ or falling dropping of equipment.
Assumption of Risk (participating in studio/online activity)
To my best knowledge I am in good physical condition and have no disease, physical limitation, health concern or injury that would be aggravated or would be the cause of any injury sustained, before, during or as a result of my participating in activities related either directly and/ or indirectly to ELASKO.
I recognise that exercise might be difficult and there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood pressure; fainting; disorders in heartbeat.
I understand that as a result of my participation in an exercise or other program, I could suffer an injury or physical disorder.
I recognise that an examination by a physician should be obtained by all participants prior to involvement in any exercise or physical program. If I have chosen not to obtain a physician’s permission prior to beginning this exercise or physical program with ELASKO limited, I hereby agree that I am doing so at my own risk.
In any event, I acknowledge and agree that I assume the risks associated with any and all activities and/ or exercises in which I participate.
I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program. I understand that results are individual and may vary.
I acknowledge that I have thoroughly read this waiver and release and fully understand that it is a release of liability. By agreeing to this document, I am waiving any right I or my successors might have to bring a legal action or assert a claim against ELASKO limited, for your negligence or that of your employees.
You agree to indemnify us and our employees, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of your breach of these terms in your use of the Website (or APP) or ELASKO studio(s) activity.
1.7 Intellectual Property
Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, text, graphics, logos, icons) is owned or licensed by us. All rights are reserved by us.
All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of ELASKO.
You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time.
1.9 Personal Information Collection Notice
In registering for access or using this Website (or APP), you may be required to give us certain personal information in which you have certain rights. You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection.
Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information.
Why do we collect, use and disclose personal information?
We may collect, hold, use and disclose your personal information for the following purposes:
- to enable you to access and use our services and app
- to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you
- to send offers, promotions or discounts
- to send you marketing and promotional messages and other information that may be of interest to you
Do we use your personal information for direct marketing?
With your consent where required by law, we and/or our carefully selected business partners may send you direct marketing communications and information about our services and products. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act, or relevant law in your jurisdiction. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (e.g. an unsubscribe link).