These Terms of Service ("Terms") govern your use of the Brightivera website (brightivera.com) and services offered by Brightivera. Please read these Terms carefully before using our services.
By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
These Terms were last updated on .
In these Terms:
By accessing our Website or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated by reference.
If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, "you" and "your" will refer to both you and that organization.
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our Website and updating the "Last Updated" date at the top of these Terms.
Your continued use of our Website or Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Services.
To use our Services, you must be at least 16 years of age. If you are under 18, you must have the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf.
Certain Services may have additional eligibility requirements, which will be specified in the description of those Services.
To access certain features of our Website or Services, you may need to create an account. When you register, you agree to:
We reserve the right to suspend or terminate your account if any information you provide is inaccurate, false, or incomplete, or if you violate these Terms.
We offer various services including but not limited to yoga, pilates, aqua fitness, meditation, and tai chi classes, as well as related wellness programs and products. Specific details about each service, including fees, schedules, and locations, will be provided on our Website or directly communicated to you.
By purchasing our Services, you agree to pay all fees in full. All fees are in Australian Dollars unless otherwise specified and are exclusive of applicable taxes. We accept payment through the methods specified on our Website.
For subscription-based Services, you authorize us to charge your payment method on a recurring basis. You must provide current, complete, and accurate billing information and promptly update any changes.
Our refund and cancellation policies vary by Service type:
We reserve the right to modify our refund and cancellation policies at any time, with changes applying to future purchases only.
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. This includes changing instructors, class times, or locations. While we strive to provide notice of significant changes, we are not liable for any modification, suspension, or discontinuation of any Services.
Our Services are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition before beginning any exercise program.
Participation in physical activities carries inherent risks. By using our Services, you acknowledge and assume all risks associated with such activities. You are responsible for exercising within your limits and selecting activities appropriate for your fitness level and health status.
You agree to provide accurate health information when requested and to inform instructors of any medical conditions, injuries, or medications that may affect your participation. We reserve the right to refuse service to anyone for health and safety reasons.
When using our Services, you agree to:
We reserve the right to remove any participant from a session or terminate their membership for violations of this code of conduct, with no refund.
All content on our Website and in our Services, including but not limited to text, graphics, logos, images, audio, video, software, and teaching materials, is owned by or licensed to Brightivera and is protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable license to access and use our Website and Services for personal, non-commercial purposes. This license does not include the right to:
The Brightivera name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Brightivera or its affiliates. You may not use these marks without our prior written permission.
If you submit content to us (such as reviews, feedback, or photos), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, copy, modify, create derivative works from, distribute, publicly display, and sublicense such content in any media.
You represent and warrant that your submissions:
We have the right, but not the obligation, to monitor, edit, or remove any content submitted to our Website or Services. We are not responsible for user-submitted content.
To the maximum extent permitted by law, Brightivera and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of our Website or Services.
Our total liability for any claim arising from or related to these Terms or our Services shall not exceed the amount you paid to us for the Services giving rise to the claim during the six (6) months preceding the claim.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to indemnify, defend, and hold harmless Brightivera and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our Website or Services, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
Our Website may contain links to third-party websites or services that are not owned or controlled by Brightivera. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Brightivera shall not be responsible or liable for any damage or loss caused by your use of any such website or service.
We reserve the right to terminate or suspend your access to our Website or Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
Upon termination, your right to use our Website and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Any dispute arising from or relating to these Terms or our Services shall be resolved exclusively in the courts located in Sydney, New South Wales, Australia, and you consent to the personal jurisdiction of such courts.
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Brightivera regarding your use of our Website and Services.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including natural disasters, governmental actions, war, terrorism, civil unrest, fire, explosion, or epidemic.
If you have any questions about these Terms, please contact us:
Brightivera
127 Wellness Way
Bondi Beach, Sydney
NSW 2026, Australia
Email: [email protected]
Phone: +61 428 739 521