Terms of Service
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Welcome to Ombravenix. Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the Ombravenix website, booking classes, purchasing memberships, or using any other Ombravenix services, you agree to comply with and be bound by these Terms.
1. Acceptance of Terms
By accessing or using our Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our Services. We recommend that you print a copy of these Terms for future reference.
2. Changes to Terms
We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you via email to the email address associated with your account or through a notification when you access our Services. By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised Terms.
3. Eligibility
You must be at least 16 years of age to use our Services. If you are under 16 years of age, you may only use our Services with the involvement and consent of a parent or legal guardian. By using our Services, you represent and warrant that you meet all eligibility requirements that we outline in these Terms.
4. Account Registration
To book classes, purchase memberships, or access certain features of our Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for safeguarding your account credentials and for any activity that occurs through your account. You agree to notify us immediately of any unauthorized use of your account.
5. Health and Safety
Participating in physical activities involves inherent risks. By using our Services, you acknowledge and agree that:
- You are in good physical condition and have no medical condition, illness, or impairment that may make your participation unsafe for you or others.
- You will inform our instructors of any physical limitations, medical conditions, or injuries before participating in any class or activity.
- You will follow all instructions given by our instructors and staff regarding safety and proper techniques.
- You assume all risks and responsibility for any injury, damage, or loss that may occur during your participation in our activities.
- We recommend that you consult with a healthcare professional before beginning any new exercise program.
6. Memberships and Payments
6.1 Memberships
We offer various membership options as described on our website. Memberships are personal to you and cannot be shared or transferred unless explicitly permitted by us. We reserve the right to modify, terminate, or restrict any membership benefits at any time with reasonable notice.
6.2 Fees and Payments
All fees and charges are as described on our website or at our facility. Prices are subject to change with reasonable notice. Payments must be made in advance for classes and memberships. We accept major credit cards and other payment methods as specified on our website.
6.3 Automatic Renewal
If you purchase a recurring membership, it will automatically renew at the end of the applicable subscription period. You authorize us to charge your payment method for the renewal price. You can cancel automatic renewal at any time by contacting us at least 7 days before the renewal date.
6.4 Cancellation and Refunds
Our cancellation and refund policies for classes and memberships are as follows:
- Class cancellations must be made at least 24 hours in advance to receive a credit or refund.
- Membership cancellations must be submitted in writing at least 30 days before the next billing cycle.
- Refunds may be subject to administrative fees as specified at the time of purchase.
- No refunds will be issued for partially used memberships or missed classes except in extraordinary circumstances at our discretion.
7. Intellectual Property
The Ombravenix name, logo, website, and all content, designs, graphics, text, and other materials on our website are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, display, modify, or otherwise use our intellectual property without our prior written consent.
8. Prohibited Conduct
You agree not to:
- Violate any applicable laws or regulations in connection with your use of our Services.
- Use our Services in any manner that could damage, disable, overburden, or impair our systems or interfere with other users' use of our Services.
- Attempt to gain unauthorized access to any portion of our Services, other accounts, or computer systems.
- Engage in harassing, abusive, or disruptive behavior towards our staff, instructors, or other clients.
- Use our facilities or equipment in a manner contrary to their intended use or our instructions.
9. Limitation of Liability
To the maximum extent permitted by law, Ombravenix and its affiliates, officers, employees, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use our Services.
- Any conduct or content of any third party on our Services.
- Any content obtained from our Services.
- Unauthorized access, use, or alteration of your transmissions or content.
In no event shall our total liability to you for all claims related to our Services exceed the amount paid by you to us during the 12 months preceding the event giving rise to the liability, or AUD $100, whichever is greater.
10. Indemnification
You agree to indemnify, defend, and hold harmless Ombravenix and its affiliates, officers, employees, agents, partners, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms.
11. Dispute Resolution
If a dispute arises between you and Ombravenix, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, you and Ombravenix agree to the following dispute resolution procedure:
- You will first contact us at [email protected] to attempt to resolve the dispute informally.
- If the dispute is not resolved within 30 days, either party may initiate formal proceedings.
- Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Sydney, New South Wales, Australia, and the parties consent to the personal jurisdiction and venue therein.
12. Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to any choice or conflict of law provision or rule.
13. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
14. Entire Agreement
These Terms constitute the entire agreement between you and Ombravenix regarding our Services and supersede all prior agreements and understandings, whether written or oral.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Phone: +61 4 3817 6259
Address: 123 Wellness Way, Sydney, NSW 2000, Australia