Terms of Service

Welcome to Orbithyra

These Terms of Service ("Terms") govern your access to and use of the Orbithyra website, services, and applications (collectively, the "Services"). Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

1. Service Description

Orbithyra provides wellness services including yoga, pilates, aqua fitness, meditation, tai chi, and related instructional classes and content. Our Services may include:

• In-person classes and sessions at our facility
• Online content and virtual classes
• Wellness consultations and assessments
• Workshops and special events
• Community forums and resources

2. User Accounts

To access certain features of our Services, you may need to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to disable any user account if, in our opinion, you have violated any provision of these Terms.

3. Health and Safety

Your health and safety are important to us. By using our Services, you acknowledge and agree that:

• Physical exercise involves inherent risks, including injury and, in rare cases, death
• You are voluntarily participating in these activities with knowledge of the dangers involved
• You will consult with a physician before beginning any exercise program
• You will not participate in activities if you have medical conditions that could be worsened by physical exercise
• You will follow all safety instructions provided by our instructors
• You will inform instructors of any physical limitations, injuries, or conditions that may affect your participation

4. Membership and Payment Terms

If you choose to purchase a membership or other Services from Orbithyra:

• You agree to pay all fees in accordance with the pricing and payment terms presented to you
• Recurring membership fees will be billed automatically according to your chosen plan
• You authorize us to charge the payment method you provide for all fees incurred
• All fees are non-refundable except as expressly set forth in our Refund Policy
• We reserve the right to change our prices with notice to you
• You are responsible for any taxes applicable to your purchase

Membership Cancellation

To cancel your membership, you must:

• Provide written notice at least 14 days before your next billing date
• Complete any minimum commitment period specified in your membership agreement
• Settle any outstanding balances on your account

5. Attendance and Booking Policy

For in-person classes and sessions:

• Advance booking is required for most classes and may be subject to availability
• Cancellations must be made at least 12 hours before the scheduled class time
• Late cancellations or no-shows may result in the loss of class credits or additional fees
• We recommend arriving at least 10 minutes before class starts
• Late arrivals may not be permitted to join class at the instructor's discretion

6. Code of Conduct

While using our Services, you agree to:

• Treat staff, instructors, and other participants with respect and courtesy
• Maintain personal hygiene and wear appropriate attire for classes
• Refrain from disruptive behavior that may interfere with others' enjoyment of the Services
• Not engage in harassment, discrimination, or threatening behavior
• Follow all posted rules and staff instructions
• Not bring illegal substances or weapons onto the premises
• Not use recording devices without explicit permission

We reserve the right to refuse service or terminate memberships for violations of this code of conduct.

7. Intellectual Property Rights

The Services and all content, features, and functionality (including but not limited to text, graphics, videos, images, logos, and software) are owned by Orbithyra or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, or perform any of our content
• Record, film, or photograph classes without written permission
• Use our trademarks, logos, or branding without authorization
• Remove any copyright or other proprietary notices from our materials

8. User Content

You may have the opportunity to post, upload, or submit content to our Services ("User Content"). You retain ownership of your User Content, but by submitting it, you grant Orbithyra a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, and distribute such content for the purpose of providing and promoting our Services.

You represent and warrant that:

• You own or have the necessary rights to share User Content
• Your User Content does not violate the privacy rights, publicity rights, copyright, or other rights of any person
• Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, or otherwise objectionable

We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason.

9. Limitation of Liability

To the maximum extent permitted by law, Orbithyra and its officers, employees, agents, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from or in connection with:

• Your use of or inability to use the Services
• Any conduct or content of any third party on the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Physical injuries sustained during participation in our activities

In no event will our aggregate liability exceed the amount you paid us during the 12-month period prior to the claim or AUD $500, whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless Orbithyra and its officers, directors, employees, agents, and affiliates from and against any claims, disputes, demands, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party right, including privacy, publicity, or intellectual property rights
• Your User Content

11. Changes to Terms

We may revise these Terms from time to time. The most current version will always be posted on our website. If we make changes that we believe materially impact your use of the Services, we will notify you by email or through the Services. By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised Terms.

12. Termination

We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. Any legal action or proceeding relating to these Terms or your access to or use of the Services shall be instituted exclusively in the courts located in Brisbane, Australia.

14. Dispute Resolution

If you have a concern or dispute about our Services, please contact us first and we will try to resolve the dispute informally. If we cannot resolve a dispute informally, you and Orbithyra agree to resolve any claims relating to these Terms through final and binding arbitration, except as set forth below.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by Orbithyra on the Services, shall constitute the entire agreement between you and Orbithyra concerning the Services.

17. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: [email protected]
• Address: 152 Harmony Lane, Brisbane, Australia
• Phone: +61 487 032 008