1. IN GENERAL

We are ELKA & ELZA, (Company Registration No. 201903321739 (003046634-M), having our business address at 101, Rimba Suci, Tropika Kemensah, 68000 Ampang, Selangor.

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms and Conditions”). By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website also contains links to other websites, which are not operated by ELKA & ELZA (the “Linked Sites”). ELKA & ELZA has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

  1. PRIVACY POLICY

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

  1. PROHIBITIONS

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. ELKA & ELZA will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

  1. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content made available to you on or through this Website remains the property of ELKA & ELZA or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ELKA & ELZA and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by ELKA & ELZA or its licensors. ELKA & ELZA, Elka and Elza Fitness & Lifestyle, ELKA ELZA ACTIVEWEAR, and elkaelza.com are trademarks belonging to ELKA & ELZA. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of ELKA & ELZA.

  1. TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland Malaysia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with ELKA & ELZA you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. ELKA & ELZA retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be ELKA & ELZA or may in some cases be a third party.

Where a contract is made with a third party ELKA & ELZA is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

  •  Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order.

A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you.

Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

  • Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur.

If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.

If you cancel and you have already paid for the goods, you will receive a full refund provided that the order is still on Pending Status.

Where applicable, prices are inclusive of service tax. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

  • Pricing and Payment

All prices are in Ringgit Malaysia (MYR) and are subject to change without notice. All major Credit/Debit Cards and Bank Transfer are all acceptable methods of payment. Our Terms are payment in full within 24 hour of receiving an invoice. All goods remain the property of the Company until paid for in full.

Goods will not be dispatched until we obtain the proof of payment required.

  1. TERMS OF SERVICE

a) Age

  • Age requirement is from 18 years old until 55 years old.
  • Session participants must be at least 18 years of age at the time of their course commencement date.
  • Any persons under the age of 17 must have written consent of attendance from a parent or guardian.

b) Bookings

Your session booking is not confirmed until ELKA & ELZA has finalized, received and confirmed your session and:

  • Once your session booking is confirmed, ELKA & ELZA will send you an acceptance message and the Training Centre location.
  • You make the full course fee payment {unless other arrangements have been made with ELKA & ELZA}
  • You have signed the acceptance of the terms and conditions

c) Changes and alterations

  • ELKA & ELZA reserves the right to vary (including using a substitute trainer) or cancel your course if necessary. In the most unlikely event of cancellation, ELKA & ELZA will provide an alternative session date to you.
  • If your trainer(s) are unable to take a course session for unknown reasons then ELKA & ELZA, at their discretion, will offer you a replacement session.

d) Cancellations

  • Cancelled sessions due to weather conditions or any natural disaster, WILL NOT BE REPLACED.
  • If you cancel your booking for any reason before the session starts, a session credit will be given to you, to attend the next month session ONLY.
  • Once your session has started, NO REFUND or credit (carried forward) will be granted.

e) Punctuality & attendance

  • You must make adequate travel arrangements to arrive in time for your session start time each day.
  • If you are late, the session/course will start without you.
  • A member arriving late will only receive the remaining scheduled time for their session.
  • If you miss all or part of your course (for reasons including, without limitation, lateness, illness, injury or work commitments) then you will not be entitled to carry forward or a refund of any part of your course fee.
  • ELKA & ELZA will not offer any replacement sessions.
  • No credit for missed sessions/courses will be issued.
  • You may attend any session we have as long as it is 12 or 8 sessions during the month.

f) Medical clearance

  • If you do have a medical condition; you are strongly advised to seek a medical practitioner’s advice before booking into a session. ELKA & ELZA medical form must be completed by both session participants and a registered medical practitioner and returned to your chosen session correspondent at least 7 days prior to your session commencement date.
  • If you do have a medical condition and are unable to obtain clearance from a registered Medical practitioner then you cannot commence your chosen session. In such circumstances; a full refund of your session fee (if paid) will be given, provided that you give ELKA & ELZA notice of your failure to obtain medical clearance at least 7 days prior to your session commencement date.
  • If you do not give ELKA & ELZA such notice (within the specified time frame) then:
    • you will forfeit 50% of your course fee; and 50% of your course fee will be issued to you as a credit for a next month session run by ELKA & ELZA.
    • If you fail to give any notice and the session has commenced no refund will be issued.

g) Safety rules & regulations

  • You must comply with the safety regulations and instructions of ELKA & ELZA at all times;
  • If at any time your session trainer considers that you are jeopardizing the safety of others and/or disrupting the session, then you may be asked to leave and you will not be entitled to either a refund or credit for future session’s with ELKA & ELZA.

h) Expected Results

  • ELKA & ELZA expressly note that results will differ for each individual based upon various factors including without limitation; body type, nutrition, etc. and no guarantees of results are possible.
  • While ELKA & ELZA believe that for most people, following ELKA & ELZA programs and methods will lead to desire results, all exercise programs depend on the individual. Result will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program, they may not achieve the desired results. ELKA & ELZA therefore provide no warranties of any kind, express or implied, as to:
    1. the effectiveness any techniques, diets or programs that ELKA & ELZA deliver; or
    2. the results that you may achieve as a result of following our programs.
  • All testimonials contain shown on ELKA & ELZA website or in ELKA & ELZA content are real people who have followed the plans provided by ELKA & ELZA. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.

i) Use of Information

  • By providing any content for distribution by ELKA & ELZA (such as before and after photographs) you expressly grant ELKA & ELZA a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute such content.
  • ELKA & ELZA are committed to keep your information confidential and not share it with any other parties.

j) Responsibilities

ELKA & ELZA will not be held responsible for:

  • any injury or illness you suffer as a result of any on-going medical condition or a poor standard of health or fitness;
  • any aggravation of pre-existing or previous injuries sustained by the you
  • any medical condition, injury or illness which you sustain during any course run by ELKA & ELZA.
  • any damage to or loss of your personal property during any course or session run by ELKA & ELZA.
  1. DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, ELKA & ELZA and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect CH’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

  1. LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

  1. DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with ELKA & ELZA and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to ELKA & ELZA.

  1. INDEMNITY

You agree to indemnify and hold harmless ELKA & ELZA and all it’s trainers from;

Any, and all direct or indirect losses for which ELKA & ELZA or it’s trainers may become liable as a result of any claims or actions which you make or which is made on your behalf due to any direct or indirect losses that you may suffer as a result of attending a session run by ELKA & ELZA.

You agree to indemnify, defend and hold harmless ELKA & ELZA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms and Conditions.

  1. VARIATION

ELKA & ELZA e shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

  1. INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

  1. COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: Contact Us if you have any complaints or comments.

  1. WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

  1. GOVERNING LAW AND JURISDICTION

These terms and conditions are to be construed in accordance with the laws of Malaysia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Malaysian courts.

  1. ENTIRE AGREEMENT

The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and ELKA & ELZA. Any waiver of any provision of the Terms and Conditions e will be effective only if in writing and signed by a Director of ELKA & ELZA. We may update this Policy to ensure that it is consistent with industry trends and/or any changes in legal or regulatory requirements. By using our services, you agree to be bound by the prevailing terms and conditions as updated from time to time.