1. Agreement to Terms
By accessing or using the website located at bloomfreshelimin.world (the "Website"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not use the Website. These Terms constitute a legally binding agreement between you and Bloomfreshelimin ("we," "us," or "our"), a business operating from 211 La Trobe St, Melbourne VIC 3000, Australia.
2. Description of Services
Bloomfreshelimin provides general informational content about online morning exercise sessions, including written session guides, exercise descriptions, educational programs, multi-week challenges, and optional program guidance for custom session schedules. All content is intended for adults and is presented for educational and informational purposes only. Our services do not constitute medical advice, physiotherapy, personal training certification, or any form of regulated health service.
3. Eligibility
You must be at least eighteen years of age to use this Website and purchase any paid services. By using the Website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are accessing the Website on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
4. Account Registration
Certain features, such as access to paid program bundles, may require account registration. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at touch@bloomfreshelimin.world if you suspect unauthorised access.
5. Acceptable Use
You agree to use the Website only for lawful purposes and in accordance with these Terms. You must not:
- Use the Website in any way that violates applicable local, national, or international law or regulation.
- Reproduce, distribute, modify, or create derivative works from Website content without our prior written consent.
- Attempt to gain unauthorised access to any portion of the Website, other accounts, or connected systems.
- Introduce viruses, malware, or other harmful code to the Website or its infrastructure.
- Use automated systems such as scrapers or bots to access the Website without permission.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Engage in conduct that restricts or inhibits any other user's enjoyment of the Website.
6. Intellectual Property Rights
All content on the Website, including text, graphics, logos, session guides, exercise descriptions, layout designs, and software, is the property of Bloomfreshelimin or its content licensors and is protected by Australian and international copyright, trademark, and intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to access and use Website content for personal, non-commercial purposes. This licence does not include the right to resell, sublicense, or commercially exploit any content.
7. Informational Content Disclaimer
All exercise descriptions, session outlines, program materials, and program guidance provided through the Website are general informational content. They are not tailored to your individual health status, medical history, or physical limitations unless explicitly stated as part of a paid guidance package that collects relevant personal information. Individual experiences from following any exercise content vary based on numerous factors including consistency, prior experience, and personal circumstances. We make no representations about specific outcomes.
8. Health and Safety Notice
Physical exercise carries inherent risks. You should consult an appropriate qualified health professional before beginning any new exercise program, particularly if you have pre-existing health conditions, injuries, or concerns. Stop any exercise that causes unexpected or severe discomfort, dizziness, or other concerning symptoms. By using our Website content, you acknowledge that you participate in exercise activities at your own risk and release Bloomfreshelimin from liability for injuries arising from your use of informational content, to the fullest extent permitted by law.
9. Paid Services and Payment
Paid services, including program bundles and guidance packages, are described on the Website and confirmed at the point of purchase. Prices are displayed in Australian dollars unless otherwise stated and include applicable GST where required. Payment is processed through secure third-party payment providers. By completing a purchase, you agree to pay all charges associated with your order. Access to digital products is typically granted upon payment confirmation.
10. Refunds
Refund eligibility and procedures are described in our Refund Policy, which is incorporated into these Terms by reference. Please review that policy before making a purchase.
11. Privacy
Your use of the Website is also governed by our Privacy Policy and Cookie Policy, which describe how we collect, use, and protect personal information. By using the Website, you consent to data processing as described in those policies, subject to applicable consent requirements.
12. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by Bloomfreshelimin. We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party sites. You access third-party links at your own risk and should review their terms and policies independently.
13. Disclaimer of Warranties
The Website and all content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any content.
14. Limitation of Liability
To the maximum extent permitted by applicable law, Bloomfreshelimin and its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Website or its content. Our total liability for any claim arising from these Terms or your use of the Website shall not exceed the amount you paid to us in the twelve months preceding the claim, or one hundred Australian dollars if no payment was made. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the Australian Consumer Law.
15. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have services repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. These Terms do not purport to exclude, restrict, or modify any non-excludable consumer rights.
16. Indemnification
You agree to indemnify, defend, and hold harmless Bloomfreshelimin and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your violation of these Terms, your use of the Website, or your violation of any rights of a third party.
17. Termination
We may terminate or suspend your access to the Website immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Website ceases immediately. Provisions that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitation of liability, and governing law sections.
18. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Victoria for the resolution of any disputes arising from these Terms or your use of the Website, subject to any non-excludable rights to bring proceedings in other jurisdictions under consumer protection law.
19. Dispute Resolution
Before initiating formal legal proceedings, you agree to contact us at touch@bloomfreshelimin.world to attempt informal resolution of any dispute. We will endeavour to respond within fourteen business days. If the dispute is not resolved within thirty days, either party may pursue available legal remedies.
20. Changes to Terms
We reserve the right to modify these Terms at any time. Changes take effect upon posting to the Website with an updated effective date. Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms. Material changes affecting paid services will be communicated to registered users by email where practicable.
21. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
22. Contact Information
For questions about these Terms of Use, contact:
Bloomfreshelimin
211 La Trobe St, Melbourne VIC 3000, Australia
Email: touch@bloomfreshelimin.world
Phone: +61 3 9927 9000