Terms and Conditions

TERMS OF USE

These Terms of Use (‘Terms’) apply to all participants in our Courses or users of our website. By accessing our Courses or using our website, you agree to be bound by these Terms as well as any and all general Terms & Conditions posted on our website from time to time.

1.DEFINITIONS
‘Content’ means any and all Course material, including but not limited to videos, text, images, audio, workbooks, assignments and interactive activities accessed as part of our Course from time to time.
‘Course’ means a structured program of Content, accessed online and designed to provide participants with specific skills and knowledge of a subject.
‘We’, ‘our’ and ‘us’ means NATALIA GIGENGAK, nataliagigengak.com and includes all officers, directors, employees, contractors and affiliates.
‘You’ and ‘your’ means any participant in our Courses or user of our website.

2. AGE RESTRICTION

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. BUSINESS CUSTOMERS

These Terms and Conditions also apply to customers procuring Services in the course of business.

4.LICENSE

Upon acceptance of these Terms, we hereby grant you a non-exclusive, non-transferable, limited license to access and use our Courses.

Our Courses may only be used for your own individual, personal, non-commercial use.
You may view, browse and search our Content but only store, download or print a maximum of one copy of our Content for your own personal use.

You agree not to modify, alter, disassemble, decompile, translate or convert into a human-readable form or reverse engineer all or any part of our Content.

You agree not to share, sell, license or distribute any of our Content to third parties or use our Content in any part or whole, in any commercial venture, business or package or in any way for sale, license or distribution without our written consent.

You agree not to store or use our Content in any database or other storage facility, in either paper or electronic form, which is meant to provide public access to knowledge or information.

You agree not to in any other way reproduce, copy, download, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use our Content or any part or portion of our Content in any form or by any means.

Any unauthorized use of our Content will result in your License being terminated and may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.

5.INTELLECTUAL PROPERTY RIGHTS

    You acknowledge and agree that all Content, including but not limited to videos, text, images, audio, workbooks, assignments, and any other materials provided as part of our Course, are the exclusive property of NATALIA GIGENGAK or its licensors, and are protected by intellectual property laws, including copyright, trademark, and other proprietary rights.  


You agree not to claim ownership or attempt to register any part of our Content as your own intellectual property. Any unauthorized use of the Content may result in legal action.

6.ACCEPTABLE USE POLICY

Material from the Website mayYou agree to use our Courses and Content only for lawful purposes and in a manner consistent with these Terms. You shall not use the Course or Content to:

• Engage in any unlawful, fraudulent, or malicious activity;
• Harass, threaten, or infringe upon the rights of others;
• Upload, post, or distribute any harmful, defamatory, obscene, or otherwise inappropriate content;
• Attempt to gain unauthorized access to any systems or networks related to the Courses.

We reserve the right to suspend or terminate access to our Courses for any user who violates this Acceptable Use Policy.

7.THIRD-PARTY LINKS AND CONTENT

Our website or Course materials may contain links to third-party websites or content that are not owned or controlled by NATALIA GIGENGAK. We are not responsible for any third-party websites or services' content, privacy policies, or practices. By accessing third-party websites, you acknowledge that you do so at your own risk.

8.PRIVACY POLICY

Your privacy is important to us. By using our Courses or website, you consent to the collection and use of your personal data in accordance with our Privacy Policy, which is available on our website. This policy outlines how we collect, use, and protect your personal information.

9.DISCLAIMER

The content provided in this course, including face yoga exercises, facial massage techniques, and any other related advice, is intended for educational and informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. The exercises and techniques presented are designed to promote general wellness and self-care; however, they may not be suitable for everyone.


Before starting any new exercise regimen, including face yoga and facial massage, it is important to consult with your healthcare provider, especially if you have any pre-existing medical conditions, skin conditions, injuries, or if you are pregnant. The exercises and techniques provided should be performed with care and attention to your body's responses.

By participating in this course, you acknowledge and agree that NATALIA GIGENGAK and its affiliates, employees, and instructors are not liable for any injuries, adverse effects, or complications that may arise from your participation. This includes, but is not limited to, any skin irritation, muscle strain, nerve damage, or other physical discomfort that may result from the exercises or techniques.

You understand and agree that it is your responsibility to assess your own physical limitations and abilities before engaging in the exercises and techniques provided. If at any time during the exercises you experience discomfort, pain, dizziness, or other symptoms, you should stop immediately and consult a healthcare professional.

Furthermore, the results from face yoga and facial massage may vary from person to person. While many individuals may see positive changes, there is no guarantee of specific results. NATALIA GIGENGAK makes no claims about the effectiveness of these exercises for achieving particular outcomes such as wrinkle reduction, skin tightening, or facial toning.

By accessing and participating in this course, you agree to release and hold harmless NATALIA GIGENGAK, its affiliates, employees, and instructors from any and all liability, claims, or causes of action, known or unknown, arising from your participation in this course.

If you have any doubts or questions about the exercises or techniques presented, please seek advice from a qualified healthcare provider or professional before proceeding.

10.LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from you accessing our Courses and Content or any information contained on our website or linked from it.

You agree that any actions you may take or decisions you may make based on information in our Courses or on our website are made at your own risk and we cannot be held liable for any results or outcomes.

Your use of the information in our Courses is entirely at your own risk and any reliance on the information should be your own decision or done with the help of a professional advisor.

For the sake of clarity, in no event will we be liable for any direct, indirect, consequential, incidental or special damages of any kind including any damages for loss or injury.

We will not be held liable for any issues related to internet connectivity or technical difficulties experienced by you while accessing the Courses or Content.

Certain legislation, including the Australian Consumer Law (‘ACL’) in the Consumer and Competition Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (‘Statutory Rights’).

Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

11.REFUNDS AND CANCELLATION

Courses with one-time payments:

We offer a refund if you are not satisfied with the Course within 14 days of the purchase date. Refund requests must be made in writing and include a reason for the request.

Refunds will not be issued for courses purchased during a sale or promotional event. Refunds will only be processed for full-priced purchases made within the 14-day window.

No refund will be issued if you have accessed more than 20% of our Course Content.

Refunds will be processed within 10 business days of the request being received and approved and will be made through the same method of payment as the original purchase.

We reserve the right to deny any refund request that does not meet the above conditions, is deemed to be fraudulent or if you have violated these Terms.

We reserve the right to change or update our Courses, Content, pricing and refund policy at any time and without notice.

Courses with month-to-month subscriptions:

We do not offer refunds for payments made on our month-to-month subscription plans (‘Subscription’).
Your Subscription will continue on a month-to-month basis unless and until you cancel or the Subscription is suspended or discontinued by us.

If you cancel your Subscription, the cancellation will be effective at the end of the current monthly period, you will continue to have access to our Courses for the remainder of that period, but you will not receive a refund.

Where you have been offered a free trial period, if you do not cancel during the free trial period, you will be billed for the month-to-month Subscription at the end of the free trial period and not be able to request a refund.

Where you have paid an upfront annual fee in advance for your Subscription, you have 30 days from the date of purchase to cancel the remainder of your Subscription and will receive a pro-rata refund for the remainder of the prepaid amount less an administrative fee.

We reserve the right to change or update our Courses, Content, Subscription plans, refund and cancellation policy at any time and without notice.

Any changes to your Subscription plan will take effect following notice to you for the months after your next payment.

12.TERMINATION

We reserve the right to terminate or suspend your access to the Courses and Content, without notice, for any breach of these Terms or if we determine, at our sole discretion, that you are engaging in conduct that violates the spirit or purpose of the Course. Upon termination, you must immediately cease all use of our Content and Courses.

13.FORCE MAJEURE

We will not be held liable for any delay or failure in performance of any part of these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, natural disasters, technical failures, or government actions.

14.DISPUTE RESOLUTION

In the event of a dispute between you and NATALIA GIGENGAK regarding these Terms, we encourage you to contact us first to attempt to resolve the matter amicably. If a resolution cannot be reached, any disputes will be resolved through binding arbitration, in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). Arbitration will take place in Sydney, Australia, unless otherwise agreed upon.

15.AMENDMENTS TO THESE TERMS

We may update or amend these Terms from time to time. Any changes will be posted on our website, and your continued use of our Courses after such changes will constitute your acceptance of the revised Terms. You are advised to review these Terms periodically to ensure you are aware of any updateS.

16.CHANGES TO THE FACILITIES ANT THESE TERMS AND CONDITIONS

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

17.GOVERNING LAW

These Terms are governed by the laws from time to time in force in NSW of Australia.
Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of NSW for determining any dispute concerning these Terms.

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