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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.
Orbithyra provides wellness services including yoga, pilates, aqua fitness, meditation, tai chi, and related instructional classes and content. Our Services may include:
To access certain features of our Services, you may need to create an account. When you create an account, you agree to:
We reserve the right to disable any user account if, in our opinion, you have violated any provision of these Terms.
Your health and safety are important to us. By using our Services, you acknowledge and agree that:
If you choose to purchase a membership or other Services from Orbithyra:
To cancel your membership, you must:
For in-person classes and sessions:
While using our Services, you agree to:
We reserve the right to refuse service or terminate memberships for violations of this code of conduct.
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:
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:
We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason.
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:
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.
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:
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.
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.
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.
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.
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.
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.
If you have any questions about these Terms, please contact us at: