TERMS &
CONDITIONS

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms and Conditions of use, which, together with our Privacy Policy, governs Ecsthetics® relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
 

1- Introduction:

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• 1.1. This Website: ecsthetics.com (the "Website"), is owned and operated by Ecsthetics® ("we", "us" or "our"). By accessing and using ecsthetics.com, you ("you", "your" or "user") agree to be bound by the following terms and conditions ("Terms and Conditions").

 

• 1.2. We reserve the right to update and revise these Terms and Conditions at any time without prior notice. Any changes to these Terms and Conditions will be effective immediately, upon posting. It is your responsibility to regularly check these Terms and Conditions for any changes. Your continued use of ecsthetics.com (following the posting of any changes) constitutes your acceptance of those changes.

 

• 1.3. Ecsthetics.com provides users with access to various fitness, training, coaching and wellness services and products. By accessing and using this website, you acknowledge and agree that you are at least 18 years of age or have obtained the consent of a parent or guardian.

 

2- Privacy:

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• 2.1. We respect your privacy and are committed to protecting your personal information. Please review our Privacy Policy, which explains how we collect, use, and share your personal information.

 

• 2.2. You acknowledge and agree that by accessing and using ecsthetics.com, you may be required to provide certain personal information, such as your name, email address, and payment information. You further acknowledge and agree that we may use this information to provide you with the services and products offered on ecsthetics.com.

 

• 2.3. You acknowledge and agree that we may share your personal information with third-party service providers in order to provide you with the services and products offered on our website. These third-party service providers are subject to strict confidentiality obligations and are only permitted to use your personal information for the purposes for which it was provided.
   

• 2.4. Ecsthetics® employs industry-standard security measures to safeguard user data. These measures include encryptions, access controls, and regular security audits to ensure the confidentiality and integrity of user information. 

 

3- Intellectual Property:

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• 3.1. The content and materials of ecsthetics.com, including but not limited to text, graphics, images, trademarks, and logos; are the property of Ecsthetics® and are protected by copyright and trademark laws. It is strictly prohibited to use, reproduce, distribute, or modify any of the content or materials on ecsthetics.com, without our prior written consent. Violation of this provision may result in legal action, including claims for damages and injunctive relief. 

 

• 3.2. You may not create any derivative works based on the content or materials of ecsthetics.com, without our prior written consent.

 

• 3.3. You may not use any of the content or materials on ecsthetics.com for any commercial purpose, without our prior written consent.

 

4- User-Generated Content:

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• 4.1. Ecsthetics.com may allow users to post comments, reviews, photos, collaborations or other content ("User-Generated Content"). By posting user-generated content on our website, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your user-generated content throughout the world in any of our social media profiles.

 

• 4.2. You are solely responsible for your user-generated content and any consequences of posting or publishing it. By posting user-generated content, you represent and warrant that:

 

• 4.2.1. You are the sole author and owner of the user-generated content, or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your user-generated content. Therefore, enabling inclusion and use of the user-generated content, in any manner contemplated by ecsthetics.com and these Terms and Conditions.

 

• 4.2.2. The user-generated content is accurate and not misleading.

 

• 4.2.3. The user-generated content does not violate any applicable laws or regulations; or the rights of any third party, including but not limited to intellectual property rights, privacy rights, and rights of publicity.

 

• 4.2.4. The user-generated content does not contain any viruses, malware, or other harmful components.

 

• 4.3. Ecsthetics.com reserves the right, but not the obligation, to monitor, review, edit, or remove any user-generated content that violates our guidelines, or is deemed inappropriate at any time and for any reason, without any prior warning. Users posting such content may face account suspension, or termination without prior notice.

 

5- Links to Third-Party Websites:

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• 5.1. Ecsthetics.com may contain links to third-party websites. These links are provided for your convenience only and do not constitute an endorsement by us of the content or materials on those websites (unless otherwise specified). We have no control over and are not responsible for the content or materials on any linked websites.

 

• 5.2. You acknowledge and agree that we are not responsible for any loss or damage that may arise from your use of a third-party website.
   

• 5.3. Ecsthetics® is not responsible for the accuracy, legality, or content of external websites.

 

6- Disclaimer of Warranties:

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• 6.1. Ecsthetics.com and its content are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of ecsthetics.com; or the information, content, materials, or products included in ecsthetics.com.

 

• 6.2. Ecsthetics® does not warrant that ecsthetics.com, its content, or any services or products offered; will be uninterrupted or error-free. We do not warrant that any defects or errors on ecsthetics.com will be corrected. We do not warrant that our website or its content are free from viruses or other harmful components.

 

• 6.3. You acknowledge and agree that you are solely responsible for any damage to your computer system or loss of data that may result from accessing or using ecsthetics.com or its content.

 

• 6.4. Ecsthetics® does not make any representations or warranties with respect to any services or products offered on ecsthetics.com. This includes, but is not limited to their availability, quality, or effectiveness. Any services or products offered on our website are provided by third-party service providers and are subject to their own terms and conditions.

 

• 6.5. The use of ecsthetics.com and its content is at your own risk. You acknowledge and agree that we will not be liable for any damages of any kind arising from your access or use of ecsthetics.com or its content.
   

• 6.6. You are responsible for ensuring the compatibility of their devices with Ecsthetics.com and using up-to-date antivirus software. They acknowledge that Ecsthetics® does not guarantee uninterrupted, error-free access to the platform.

 

7- Limitation of Liability:

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• 7.1. In no event will Ecsthetics® be liable for any damages, including but not limited to direct, indirect, incidental, consequential, special, or punitive damages, arising out of, or in connection with the use of ecsthetics.com or its content. This includes, but is not limited to, any loss or damage arising from errors, omissions, interruptions, defects, delays in operation or transmission, or any failure of performance.

 

• 7.2. Ecsthetics® will not be liable for any damages arising from your use of or reliance on any services or products offered on ecsthetics.com. This includes, but is not limited to, any damages arising from errors, omissions, defects, or other deficiencies in the services or products.

 

• 7.3. Ecsthetics® will not be liable for any damages arising from your use of any third-party websites linked to ecsthetics.com. This includes, but is not limited to, any damages arising from errors, omissions, defects, or other deficiencies on those websites.
   

• 7.4. You acknowledge and assume all risks associated with using Ecsthetics.com, including but not limited to the uncertainties and unpredictability inherent in fitness, training, and coaching programs.

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• 7.5. You acknowledge and agree that the limitations of liability set forth in these Terms and Conditions are fair and reasonable.

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8- Indemnification:

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• 8.1. You agree to indemnify, defend, and hold harmless Ecsthetics®, its affiliates, employees and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of, or in connection with your access or use of ecsthetics.com or its content. This includes, any of your user-generated content; your violation of these Terms and Conditions; or your violation of any rights of another.
   

• 8.2. You agree to promptly notify Ecsthetics® of any claims, actions, or demands brought against them relating to their use of Ecsthetics.com, or any alleged violation of these Terms and Conditions.

 

9- Governing Law and Dispute Resolution:

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• 9.1. These Terms are governed and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from or in relation to these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

 

• 9.2. By accessing or using ecsthetics.com and/or its Products and Services, you acknowledge and agree that you will be subject to the laws of New South Wales, Australia and any disputes arising from or in relation to these Terms shall be resolved in accordance with the laws of New South Wales, Australia.

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10- Online Coaching:
 

• 10.1. Upon engaging in our Ecsthetics® online coaching program and services, clients acknowledge that the coaching provided is overseen by a Registered Australian Health Professional with over 9 years of training and 6 years of coaching experience. Coaching services aim to enhance fitness, strength, cardiovascular and overall health; within the professional scope of your assigned Registered Australian Health Professional [Edward Chlela].
   

• 10.2. Clients are legally responsible for disclosing any medical conditions, or conerns that may impact their ability to participate in our Ecsthetics® online coaching program. The Registered Australian Health Professional [Edward Chlela], reserves the right to refuse, or modify the programs and services based on health considerations. 
   

• 10.3. Our Ecsthetics® online coaching program is 100% personalised to individual client needs, considering their current health status, fitness status, lifestyle patterns, dietary habits, goals, and more. Clients understand that adherence to the provided coaching program is absolutely essential for achieving their desired outcomes and goals.
   

• 10.4. All information shared throughout the Ecsthetics® online coaching program is confidential. The Registered Australian Health Professional [Edward Chlela] commits to maintaining the privacy of all client data, and will not disclose any personal health information, without explicit written consent.
   

11- Online Programs:
 

• 11.1. Upon purchase, you will be granted unlimited access to the online program for an indefinite period of time. You will not have the ability to download, re-brand, share, or alter the online programs in any way.
   

• 11.2. If the hosting services for the online programs were to close, you will be granted full access to the online program/s through downloadable means. 
   

• 11.3. By purchasing an online program, you acknowledge that you have read understood and agree to be bound by all of its/these terms and conditions. If you do not agree to these terms and conditions, do not purchase the online program. 
   

• 11.4. Ecsthetics® reserves the right to modify, update, or discontinue the sale of online programs with reasonable notice, ensuring flexibility in adapting to changing circumstances.

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12- Private Training:
 

• 12.1. Private training sessions, whether conducted in a private gym, studio, or home gym, are conducted by a Registered Australian Health Professional [Edward Chlela]. Clients acknowledge the professional qualifications of the trainer and the 100% tailored nature of private training sessions.
   

• 12.2. Prior to commencing private training sessions, clients will undergo a health assessments, fitness assessments, dietary assessments, and lifestyle assessment to ensure a safe and effective training program. Clients are responsible for disclosing and health conditions, or limitations that may affect their particaption in private training.
   

• 12.3. Clients participating in private training sessions provide informed consent for the Registered Australian Health Professional [Edward Chlela], to guide and supervise their health and fitness activities. Clinets understand the inherent risks associated with physical training and agree to follow safety guidelines provided by the Registered Australian Health Professional [Edward Chlela].
   

• 12.4. Clients agree to provide the mandatory minimum notice time of 12 hours in advance of a scheduled private training session. Sessions cancelled less than 12 hours in advance will be charged in full and thus, forfeited to the client.
   

• 12.5. Each workout session runs for 1 hour in length, with an additonal 5 mins given for evaluation time in each sessions. A maximum of 5 mins will be extended for late arrivals (unless time is avaliable) due to the lateness of the client, or due to interruptions caused by the client before, or during the private training session.

 

13- Miscellaneous:

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• 13.1. These Terms and Conditions constitute the entire agreement between you and Ecsthetics® with respect to your access and use of ecsthetics.com.

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• 13.2. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

 

• 13.3. Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of that provision or any other provision.

 

• 13.4. These Terms and Conditions do not create any agency, partnership, joint venture, or employee-employer relationship between you and Ecsthetics®.

 

• 13.5. You may not assign or transfer your rights or obligations under these Terms and Conditions, without our prior written consent. We may assign or transfer our rights or obligations under these Terms and Conditions, without your consent.

 

• 13.6. You acknowledge and agree that any notices or other communications required or permitted to be given under these Terms and Conditions may be provided by email or by posting on ecsthetics.com.

 

• 13.7. Any rights not expressly granted in these Terms and Conditions are reserved by Ecsthetics®.
   

• 13.8. Ecsthetics® reserves the right to amend these Terms and Conditions. Users will be notified of changes, and continued use of Ecsthetics.com after such modifications constitutes acceptance of the amended terms.

 

14- Contact Us:

 

• 14.1. Ecsthetics® welcomes your comments regarding these Terms and Conditions. If you have any questions about these Terms and Conditions and would like further information, please contact us at:

Email: ecsthetics@gmail.com.
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• 14.2. If you have any questions or concerns about these Terms and Conditions, please contact us at:
  
  Email: ecsthetics@gmail.com.
   

• 14.3. Ecsthetics® aims to respond to inquiries sent to ecsthetics@gmail.com within 24 to 48 hours, providing users with timely assistance.

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Last Updated: 29th January 2024