PART 1 – TERMS & CONDITIONS
These Terms & Conditions (“Terms”) govern your use of www.elleip.com (“Website”) and, where applicable, your purchase or use of coaching, educational content, digital materials or other services offered by us (“Services”).
Please read these Terms before using the Website or purchasing Services.
1. WHO WE ARE
The Website and Services are operated by:
elleip.com
Email: contact@elleip.com
“We”, “us” and “our” refer to the above business.
2. ACCEPTANCE OF THESE TERMS
By using the Website, you agree to these Terms as they relate to your use of the Website.
Where you purchase coaching or another paid Service, your contract is formed when we accept your order or application and payment, subject to any additional written terms disclosed to you before purchase.
Nothing in these Terms excludes or limits any right or remedy that cannot lawfully be excluded or limited.
3. AGE REQUIREMENT
The Website may be viewed by the general public, but our paid coaching Services are intended only for persons aged 18 years or older who have legal capacity to enter into a contract.
4. NATURE OF OUR SERVICES
Our Website and Services provide coaching, education, personal experience, accountability, motivation and general lifestyle information.
Unless expressly stated otherwise, we are not providing medical care, medical treatment, medical diagnosis, psychology, psychotherapy, dietetic services or any other regulated healthcare service.
Nothing provided through the Website, social media, videos, emails, coaching communications or other materials is intended to replace individual advice from an appropriately qualified healthcare professional.
You remain responsible for decisions concerning your own health, nutrition, activity, medications and medical care.
5. HEALTH AND SAFETY
You should seek appropriate professional medical advice before making material changes to diet, physical activity or other health-related behaviours, particularly if you have a medical condition, take medication, are pregnant or breastfeeding, have a history of disordered eating or eating disorders, or have concerns about whether any change is appropriate for you.
You must not disregard medical advice or delay obtaining professional medical care because of something you have read, watched or heard from us.
Our Services are not emergency services. In a medical or mental-health emergency, contact your local emergency service or an appropriately qualified healthcare provider.
6. NO GUARANTEED RESULTS
Individual results vary.
We do not promise or guarantee:
– a particular amount or rate of weight loss;
– a particular body weight, body composition or appearance;
– that you will achieve the same results as us or another client;
– that results will occur within a particular period;
– that results will be permanent;
-any particular financial, personal, health or lifestyle outcome.
Your results can be affected by many factors outside our control, including individual circumstances, behaviour, consistency, health, medical conditions and professional medical advice.
Any references to our personal transformation, client experiences, testimonials or historical results are provided as examples or personal experiences only and are not guarantees, promises or representations that another person will achieve the same or similar result.
7. PERSONAL STORIES AND TRANSFORMATION CONTENT
We may describe our own personal experiences, including historical changes in weight, lifestyle or wellbeing.
Such statements describe an individual experience. They are not medical claims, predictions, guarantees or representations of results a typical person will necessarily achieve.
Before-and-after photographs, testimonials and personal stories should be understood in the same way.
8. CLIENT RESPONSIBILITY
Coaching is collaborative.
You are responsible for:
– providing accurate information relevant to the coaching relationship;
-deciding whether and how to act on general information provided;
-obtaining professional medical or other regulated professional advice where appropriate; and
– informing us when an issue is outside the proper scope of coaching.
You should not provide information that you do not want us to process.
Health-related or other sensitive information will be handled in accordance with our Privacy & Cookies Policy and applicable law.
9. FEES AND PAYMENT
Prices and payment arrangements will be disclosed before you enter into a paid coaching arrangement or purchase another Service.
Unless otherwise stated, prices are expressed in the currency displayed at the time of purchase.
You agree to provide accurate billing information and to pay the fees that you expressly agree to before purchase.
Nothing in these Terms affects statutory rights to refunds, cancellation or other remedies.
10. CANCELLATION, REFUNDS AND CONSUMER RIGHTS
Any package-specific cancellation or rescheduling conditions disclosed to you before purchase form part of your agreement with us.
We do not guarantee a refund merely because you change your mind, except where applicable law provides a right to cancel or receive a refund.
This does not affect rights available under the Australian Consumer Law or other applicable mandatory consumer law.
Our Services come with consumer guarantees that cannot be excluded under the Australian Consumer Law where that law applies.
Where there is a major failure with a Service, a consumer may have rights including cancellation, a refund for the unused portion or compensation for reduced value, as provided by law.
Nothing in this section is intended to restrict those rights.
11. EUROPEAN UNION CONSUMERS – RIGHT OF WITHDRAWAL
If you are an EU consumer and applicable EU consumer law gives you a right of withdrawal from an online service contract, you will generally have 14 days from conclusion of the contract to withdraw without giving a reason, subject to applicable exceptions.
If you expressly request that performance of coaching or another Service commence during that withdrawal period and later exercise a valid withdrawal right before the Service has been fully performed, you may be required, where permitted by law, to pay an amount proportionate to the Services already supplied.
Where applicable, you lose the statutory withdrawal right for a Service only after the Service has been fully performed and where the legally required prior express consent and acknowledgement have been obtained.
For qualifying digital content supplied immediately, your withdrawal right may be lost once supply begins only where you have given the legally required prior express consent, acknowledged the loss of the withdrawal right and received the required confirmation.
Agreement to these general Terms alone will not be treated as a substitute for a separate express consent where applicable law requires one.
EU Model Withdrawal Notice
To exercise a statutory right of withdrawal, you may send the following information to contact@elleip.com:
I hereby give notice that I withdraw from my contract for the following service: [describe service].
Ordered on: [date]
Name: [name]
Address: [address]
Date: [date]
This section applies only where a statutory withdrawal right exists.
12. AUSTRALIAN CONSUMER LAW
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other right that cannot legally be excluded, restricted or modified.
Where we are legally permitted to limit a liability or remedy, any limitation will apply only to the maximum extent permitted by applicable law.
13. WEBSITE INFORMATION
We take reasonable care in preparing Website materials, but general information may become outdated and may not apply to your individual circumstances.
We do not represent that general educational information is appropriate for every individual.
You are responsible for obtaining professional advice appropriate to your circumstances where necessary.
14. INTELLECTUAL PROPERTY
Unless otherwise indicated, Website content and materials created by us including text, photographs, graphics, branding, videos, audio, downloadable resources and educational materials are owned by or licensed to us and are protected by applicable intellectual property laws.
You may view Website material for personal, non-commercial purposes.
Except as permitted by law or with our prior written permission, you must not reproduce, distribute, sell, publish, republish, commercially exploit or substantially copy our protected materials.
Nothing in these Terms transfers ownership of our intellectual property to you.
15. ACCEPTABLE USE
-You must not use the Website to:
-engage in unlawful or fraudulent activity;
-interfere with the operation or security of the Website;
-introduce malware or malicious code;
-infringe another person’s intellectual property, privacy or other legal rights; or
-misrepresent an association with us.
We may restrict access where reasonably necessary to protect the Website, our business, other users or our legal rights.
16. THIRD-PARTY WEBSITES AND PLATFORMS
Our Website may link to services operated by third parties, including YouTube, Instagram and other platforms.
Those third parties operate independently and have their own terms and privacy practices.
A link or reference does not necessarily constitute endorsement, sponsorship or control of third-party content.
elleip.com is not endorsed by, sponsored by or affiliated with YouTube, Google, Instagram, Meta or other third-party platforms unless expressly stated.
17. LIMITATION OF LIABILITY
Nothing in these Terms excludes liability where exclusion would be unlawful.
To the extent permitted by law, we are not responsible for loss that:
– was not reasonably foreseeable;
– was not caused by our breach, negligence or wrongful act;
– results from a user’s unlawful or unauthorised use of the Website or Services; or
– results from a user’s decision to disregard appropriate professional medical advice.
Nothing in this section limits any non-excludable consumer guarantee or other mandatory statutory right.
18. INDEMNITY FOR UNLAWFUL USE
To the extent permitted by law, you are responsible for third-party claims, losses or reasonable costs caused by your unlawful use of the Website, your infringement of another person’s intellectual property or legal rights, or your material breach of these Terms.
This provision does not require you to indemnify us for loss caused by our own negligence, breach of law or wrongful conduct.
19. PRIVACY
Personal information is handled in accordance with our Privacy & Cookies Policy.
Marketing communications are subject to applicable privacy and electronic-marketing laws.
Purchasing a Service does not, by itself, constitute consent to receive unrelated promotional electronic marketing where separate consent is required by law.
20. CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, business or legal obligations.
The version displayed on the Website will state its effective date.
Changes will apply prospectively.
We will not retrospectively make a material change to an existing paid contract simply by publishing different Website Terms where doing so would be unlawful or unfair.
21. TERMINATION
We may suspend or terminate access to a Service where reasonably necessary because of serious or repeated breach of these Terms, unlawful or abusive conduct, non-payment, safety concerns or conduct materially interfering with delivery of the Service.
Any cancellation, refund or other consequences remain subject to applicable consumer law.
22. GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia.
Nothing in this clause deprives a consumer of mandatory protections available under the law that applies to them and that cannot lawfully be excluded by agreement.
23. SEVERABILITY
If a provision of these Terms is found invalid or unenforceable, it will be read down to the extent legally possible or, if necessary, severed, while the remaining provisions continue to operate.
24. COMPLAINTS AND CONTACT
Questions, complaints or requests relating to these Terms may be sent to:
contact@elleip.com
We will make reasonable efforts to resolve complaints directly and in good faith.
PART 2 – HEALTH, COACHING & RESULTS DISCLAIMER
EDUCATIONAL AND COACHING INFORMATION ONLY
Content provided by elleip.com, including our Website, YouTube videos, social-media content, coaching communications, emails and educational materials, is provided for general educational, informational, motivational and coaching purposes.
It is not medical advice, diagnosis or treatment and is not intended as a substitute for care or advice from a qualified healthcare professional.
NOT A MEDICAL OR HEALTHCARE SERVICE
Unless expressly stated otherwise, ElleIp.com does not provide medical diagnosis, medical treatment, psychology, psychotherapy, dietetic services or another regulated healthcare service.
Nothing communicated by us should be interpreted as instructing you to ignore, discontinue or alter treatment, medication or advice prescribed by an appropriately qualified healthcare professional.
CONSULT AN APPROPRIATE HEALTH PROFESSIONAL
Health, nutrition, physical activity and weight-management decisions can affect people differently.
Before making material changes, seek appropriate professional advice where relevant to your circumstances.
This is particularly important if you have an existing health condition, take medication, are pregnant or breastfeeding, have experienced an eating disorder or disordered eating, or have another circumstance affecting your health or nutritional needs.
If you experience symptoms or have concerns about your health, obtain professional medical advice.
For a medical or mental-health emergency, contact your local emergency service or appropriate emergency healthcare provider.
NO GUARANTEE OF WEIGHT LOSS OR OTHER RESULTS
Results vary substantially between individuals.
We make no promise or guarantee that you will:
– lose a particular amount of weight;
– lose weight within a particular timeframe;
– achieve a particular appearance or body composition;
– maintain a particular result;
– experience any specific health outcome; or
obtain the same or similar results as another individual.
OUR PERSONAL TRANSFORMATION
Statements about Elle Ip’s personal transformation or historical results describe her personal experience.
They do not represent a guarantee, prediction, medical claim or promise concerning your results.
Any reference to weight lost, time periods, maintenance periods or other historical outcomes should be understood as biographical information about an individual experience not as an outcome that consumers should expect to reproduce.
TESTIMONIALS AND BEFORE-AND-AFTER MATERIAL
Testimonials, reviews, case studies and transformation photographs reflect individual experiences.
Individual experiences vary and should not be interpreted as a guarantee or representation that another client will achieve the same or similar result.
Where a testimonial describes a person’s subjective experience, it represents that person’s experience and not a universal outcome.
SOCIAL MEDIA AND YOUTUBE
Information published through YouTube, Instagram or other social-media platforms remains general educational information.
Watching, following, commenting, messaging or interacting with us on a social platform does not create a doctor-patient, psychologist-patient, dietitian-patient or other healthcare-provider relationship.
A direct message is not an appropriate method for obtaining emergency medical assistance.
THIRD-PARTY INFORMATION
We may occasionally refer or link to third-party information or services for convenience.
We do not control third-party websites and do not guarantee their continuing accuracy, availability or suitability.
PERSONAL RESPONSIBILITY
You remain responsible for determining whether general information is appropriate for your circumstances and for seeking individual professional advice when necessary.
You should not rely on general online information as a substitute for individual medical advice.
MANDATORY LEGAL RIGHTS
Nothing in this Disclaimer excludes, restricts or modifies any guarantee, right, remedy or liability that cannot legally be excluded under the Australian Consumer Law, applicable EU consumer law or another applicable law.
CONTACT
Questions concerning this Disclaimer may be directed to:
contact@elleip.com
PRIVACY & COOKIES POLICY
This Privacy & Cookies Policy explains how elleip.com (“we”, “us”, “our”), collects, uses, stores and discloses personal information.
Website: www.elleip.com
Privacy contact: contact@elleip.com
1. INFORMATION WE MAY COLLECT
Depending on how you interact with us, we may collect:
– your name and contact details;
– enquiries and communications;
– information submitted when applying for coaching;
– transaction and payment-related information;
– information necessary to provide coaching Services;
– information you voluntarily provide about your goals or circumstances;
– health-related information you voluntarily provide where relevant;
– technical information such as IP address, browser/device information and Website activity;
– cookie and analytics information; and
– testimonials, reviews, photographs or other content where separately provided or authorised.
We seek to collect only information reasonably necessary for the relevant purpose.
2. HEALTH AND OTHER SENSITIVE INFORMATION
Information concerning health may constitute sensitive or special-category personal data.
Where applicable law requires explicit consent to process this information, including under the GDPR, we will obtain that consent separately.
You are not required to provide unnecessary health information.
Where health-related information is required for a particular aspect of coaching, we will explain why it is being requested.
3. WHY WE PROCESS PERSONAL INFORMATION
We may process personal information to:
– respond to enquiries;
– assess coaching applications;
– take steps requested by you before entering a contract;
– enter into and perform our contract with you;
– provide and administer Services;
– process transactions;
– provide customer support;
– maintain business and legal records;
– protect the security of our Website and business;
comply with legal obligations;
– establish, exercise or defend legal claims;
– improve our Website and Services where lawful; and
– send marketing where we have a lawful basis to do so.
Where GDPR applies, our legal bases may include performance of or steps toward a contract, compliance with legal obligations, legitimate interests where those interests are not overridden by your rights, and consent.
Sensitive personal data will be processed only where an additional lawful condition permits it, such as explicit consent where appropriate.
4. MARKETING
Where consent is legally required, we will send promotional email or electronic marketing only after obtaining appropriate consent.
Marketing consent is separate from purchasing coaching.
You may withdraw marketing consent or unsubscribe at any time using the unsubscribe facility in our communications or by contacting us.
Withdrawal from marketing does not affect communications reasonably necessary to provide a Service you have purchased.
5. DISCLOSURE AND SERVICE PROVIDERS
We may use trusted service providers to help operate our business
These providers may process information only for legitimate business purposes associated with the services they provide to us, subject to applicable law and contractual arrangements.
We may also disclose information when required by law, to establish or defend legal rights, or in connection with a lawful business restructuring.
We do not sell personal information to advertisers.
6. INTERNATIONAL DATA TRANSFERS
We operate from Australia and may use service providers located in Australia or other countries.
Where GDPR applies and personal data is transferred internationally, we will use a lawful transfer mechanism where required, such as an adequacy decision or appropriate contractual safeguards.
7. RETENTION
We retain personal information only for as long as reasonably necessary for the purpose for which it was collected and for any applicable legal, taxation, accounting, dispute-resolution or recordkeeping period.
Retention periods vary depending on the nature of the information and our legal obligations.
When information is no longer required, we will take reasonable steps to delete, anonymise or securely dispose of it, subject to applicable law.
8. SECURITY
We use reasonable technical and organisational measures designed to protect personal information against accidental loss, misuse, unauthorised access, alteration and disclosure.
No Internet-based system is completely secure, and we cannot guarantee absolute security.
We will respond to qualifying personal-data breaches in accordance with applicable legal requirements.
9. YOUR RIGHTS
Depending upon the law applicable to you, you may have rights including:
– access to personal information;
– correction of inaccurate information;
– deletion or erasure;
– restriction of processing;
– data portability;
– objection to certain processing;
– withdrawal of consent; and
– the right to complain to an applicable privacy or data-protection regulator.
If GDPR applies, you may lodge a complaint with the data-protection supervisory authority in the EU/EEA country in which you live, work or believe an infringement occurred.
To exercise a privacy right, contact contact@elleip.com.
We may need to verify your identity before completing a request.
10. COOKIES
Our Website may use cookies and similar technologies.
Cookies necessary for core Website operation may operate automatically where permitted by law
.
Where applicable law requires consent for analytics, advertising or other non-essential cookies, those technologies will not be activated until the required consent has been obtained.
Visitors must be able to refuse non-essential cookies as readily as they can accept them where applicable law requires this.
Cookie choices may be changed or withdrawn using our cookie-preference controls.
Our cookie banner and cookie settings should identify the categories of cookies actually deployed by the Website.
11. THIRD-PARTY SERVICES
Links, embedded videos and other third-party features may be operated by separate organisations with their own privacy practices.
For example, an embedded YouTube video may involve technology provided by Google/YouTube.
Where legally required, non-essential third-party technologies will not be loaded before the required consent has been obtained.
12. CHILDREN
Our paid coaching Services are intended for adults aged 18 or older.
We do not knowingly seek to collect personal information from children for the purpose of providing adult coaching Services.
13. AUSTRALIAN PRIVACY
Where the Privacy Act 1988 (Cth), Australian Privacy Principles or another Australian privacy requirement applies to us, we will handle personal information consistently with those applicable requirements.
14. EUROPEAN USERS
Where the GDPR applies to our processing, this Policy should be read as a GDPR privacy notice.
15. CHANGES
We may update this Privacy & Cookies Policy where our practices or applicable legal requirements change.
The current version and effective date will be displayed on this page.
16. CONTACT
Privacy questions and requests may be sent to:
contact@elleip.com