Last updated: 02.11.2021
Welcome to ELL-EVATE! Please read the following Terms and Conditions carefully, because by using ELL-EVATE you agree to accept these Terms and Conditions. If you do not agree to these Terms and Conditions, you should restrain from using our service.
ELL-EVATE services are rendered via the website available at www.ell-evate.com and via an application available at App Store and Google Play Store. For convenience, we refer to these services jointly as "ELL-EVATE Service", "ELL-EVATE Services", or simply "ELL-EVATE". Our services consist of compiling personalised meal plans for our users, based on information provided by them. ELL-EVATE Services also take into account the users' goals which are individually defined for each of them with the use of our Service.
The owner and administrator of ELL-EVATE is Diet and Wellness sp. z o.o., limited liability company with its registered office in Warsaw at ul. Modelowa 3, 02-797 Warszawa, entered in the register of entrepreneurs kept by the National Court Register under the number KRS 0000440420, NIP (Tax Identification Number) 5252544624, REGON (National Business Registry Number) 146412710. Further in these Terms and Conditions referred to as „Diet and Wellness”.
The moment you start using ELL-EVATE, you enter into an agreement with Diet and Wellness. These Terms and Conditions are an integral part of that agreement.
You cannot use ELL-EVATE if you are under 16 or if you have not accepted the Terms and Conditions. If you violate the Terms and Conditions and the Terms of Service of ELL- EVATE, we may delete your account. To start using ELL-EVATE, you must first:
•set up an account on Ell-evate.com website or in ELL-EVATE application,
•consult your doctor to find out if there are no contraindications to the diet and keep your doctor informed that you are using ELL-EVATE diet plans,
•provide your true personal data and medical information.
You are obliged to protect your ELL-EVATE log-in details. Never disclose your login or password to any third parties.
You cannot use any ELL-EVATE account other than your own. You cannot make your account available to any third parties.
You can use ELL-EVATE Services for your individual benefit only. We do not agree that you use ELL-EVATE, either partly or entirely, for any purposes other than intended – this, in particular, pertains to consulting or informative activities aimed at other persons, and to activities which aim to compare or otherwise present data.
You are obliged to use ELL-EVATE Services strictly in accordance with the Terms and Conditions, the law, good online practices and standards of online services.
When using ELL-EVATE, you must not:
•publish either on ell-evate.com or ELL-EVATE app any materials or content of illegal nature, this including such that infringe the rights of Diet and Wellness or any other third parties, that are offensive, obscene or otherwise illegal,
•publish any materials of erotic or pornographic nature or any information aiming to aid the use of such materials,
•publish personal data or images of third parties,
•publish private conversations or correspondence exchanged with third parties without these third parties’ consent,
•abuse the means of electronic communication in such a way as to destabilise or overload the telecommunication systems that are directly or indirectly involved in ELL-EVATE Services.
As a user, you bear the costs of Internet connection and costs related to the operation of terminal equipment that you use to access ELL-EVATE services.
Intellectual Property and Content Responsibility
All materials we make available to our users as part of ELL-EVATE Services, the layout and visual and text content of ELL-EVATE website and ELL-EVATE application, are exclusively owned by Diet and Wellness and are subject to proprietary copyrights.
Please be informed that:
•due to the public nature of the Internet, which is the medium used to render ELL- EVATE Services, the use of said Services may entail risks related to third party intrusion in the transmission of data sent between Diet and Wellness and User. You are therefore cautioned about the risks related to your ELL-EVATE account access by unauthorised persons if you stay logged in, even if you do not use it at a given moment;
•when the telecommunications systems undergo maintenance, your access to ELL- EVATE account may be hindered or impossible, for which we cannot be held accountable. We will ensure the highest degree or professional care to make sure this kind of obstacles occur as rarely as possible and if they do – to resolve them as quickly as possible;
•all opinions and comments published by users in ELL-EVATE Services are private opinions of those users only.
In accordance with the law, we are not obliged to monitor opinions or comments published by users in ELL-EVATE. When we are informed that an opinion or comment infringes legal provisions, we will remove such illegal content and we may block the respective account. We are not responsible for the content of private opinions or comments of users, or for any infringement of third party rights with such user publications. In justified cases, we may be obliged to disclose to relevant bodies the personal data of an individual who breaks the law by posting a comment or opinion.
The following technical requirements must be met in order to enjoy ELL-EVATE Services:
•access to a device which makes it possible to browse websites or use mobile applications,
•active Internet connection for the device mentioned above;
•Microsoft Windows 7 or newer correctly installed in your device, or Apple’s operating system macOS 10.12 or higher, or Android 7.0 or higher, or iOS 11.4.1 or higher.
If you use ELL-EVATE Services via the website ell-evate.com, you must have:
•an up-to-date Mozilla Firefox, Google Chrome, Opera, or Safari internet browser correctly installed on the device mentioned above, with a possibility to display hypertext (HTML) documents posted online via the World Wide Web;
•Accept cookie files option enabled on said internet browser;
•Java Script option enabled on said internet browser.
ELL-EVATE Services are also available for devices with other operating systems, but due to technical considerations, there may be some difficulties encountered, for which we cannot be held responsible.
ELL-EVATE Services Paid under the Agreement
What is ELL-EVATE Service
The ELL-EVATE Service provided to users by Diet and Wellness is a programme consisting of an individually designed meal plan generated based on assumptions and guidelines provided by you and taking into consideration the goals you set, with all additional functionalities.
To take advantage of the paid ELL-EVATE Services, users must have an active account in ELL-EVATE and a valid subscription.
In order to start using paid ELL-EVATE Services, you must:
•choose one of the personal meal plans,
•provide the information necessary to generate your first personal meal plan – either during registration or later in the ELL-EVATE account settings,
•choose for how long you wish to enjoy paid ELL-EVATE Services,
•pay for the subscription.
Since Diet and Wellness renders ELL-EVATE Services by providing users with digital information, the user (you) hereby agrees that the use of ELL-EVATE Services will start immediately after the chosen subscription payment is credited on Diet and Wellness bank account. This means that you will have no more than 14 days to withdraw from the agreement since the day you receive an e-mail confirming that the payment has been made, provided you do not start using ELL-EVATE Services in the meantime. To use your right to withdraw from the agreement, follow the procedure described in section "Complaints" further down this document.
Terms of Providing Paid ELL-EVATE Services
You can start using ELL-EVATE after the bank account of Diet and Wellness is credited with your chosen subscription fee.
By starting to use ELL-EVATE, you acknowledge and agree that:
•in order to provide you with high-quality paid ELL-EVATE Services, you must first provide us with correct and reliable data about you and your goals,
•following a specific type of diet may be ruled out due to health issues. By using ELL- EVATE, you confirm that you have consulted the appropriate medical doctor and you have been informed about the indications or contraindications concerning the diet you have chosen to follow,
•your personal meal plan allows you to compile a diet system to attain and maintain a desired bodyweight, with the assumption that the bodyweight may not drop below the norm defined by the World Health Organisation and expressed in the BMI index,
•although the meal plans are prepared based on the current scientific knowledge, due to the specific nature and complexity of the human body, the diets cannot be guaranteed to ensure you achieve your desired goals, for which Diet and Wellness cannot be held responsible.
Fees and Charges
One of the conditions to be fulfilled to be able to use ELL-EVATE is purchasing a subscription.
Your chosen subscription is activated when the payment is confirmed to have been credited on the account.
The validity of your subscription is expressed in days, starting from activation until the last day of the subscription’s validity.
The subscription period is indivisible and continuous. If you pay a ELL-EVATE subscription fee for another period before the previous subscription period expires, this will prolong the preceding subscription period by the number of days paid as part of the new subscription.
ELL-EVATE Services are available in the following subscription plans:
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30 days (1 month)
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90 days (3 months)
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The above subscription fees are expressed in Pound sterling (GBP) and are gross amounts, meaning that they already include the VAT.
The only way to purchase a subscription is to pre-pay the appropriate amount in one of the ways suggested by the payment operator.
By subscribing using your credit card or via the App Store / Google Play, you agree for the automatic renewal of your subscription upon expiration.
Automatic renewal of subscription will occur at the end of the validity period of the current subscription. Payment for automatic subscription renewal will not be refunded.
You can turn off the automatic renewal of subscription at any time. To do this, log in to your account on app.ell-evate.com, go to the "Subscription plan" tab and turn off auto- subscription or turn off auto-renewal in your App Store / Google Play account.
Turning off auto-renewal will not affect the validity of your current subscription. It will be valid for the entire period for which you have already paid.
Blocking or Deleting ELL-EVATE Account
If a user publishes any materials that are illegal or against the Terms and Conditions, we have the right to block ELL-EVATE for such a person for the time necessary to clarify the matter or remove said materials.
If Diet and Wellness blocks the use of ELL-EVATE Services under the Terms and Conditions, this does not result in suspension or discontinuation of the subscription.
Deleting the Account
You can delete your ELL-EVATE account at any time.
You agree that we can delete your ELL-EVATE account if, despite warnings or even blocking the account, you continue to grossly infringe the Terms and Conditions,
If your account is deleted, so is - irretrievably - all information we gather about the user.
Deleting the account will be deemed as the user's termination of ELL-EVATE Services Agreement with immediate effect.
All complaints related to ELL-EVATE Services should be made by electronic communication to: firstname.lastname@example.org.
Any such complaint should contain identification of the user and a brief description of the occurrence.
Complaints are reviewed within 14 (fourteen) days after receiving, and the submitting user will be informed about the results of the complaint via email to the address the user specified as the one for communications related to ELL-EVATE Services.
We reserve the right to modify the Terms and Conditions, you are therefore advised to stay updated about the ELL-EVATE rules. Moreover, we will inform you about any such changes to the Terms and Conditions via ELL-EVATE.
The provisions of the Polish law apply in all matters not governed in the Terms and Conditions.
All disputes arising in connection with the use of ELL-EVATE Services will be, if necessary, resolved by a relevant Polish common court, in accordance with the Polish law and in the Polish language.
If any of the provisions in the Terms and Conditions are or become invalid by way of final and binding court ruling, this will have no effect on the validity of the remaining provisions.
The Terms and Conditions become effective on 02.11.2021.