Terms of Service

Last Updated:

1. Agreement to Terms

Welcome to Mystanovia. By accessing or using our website, mobile applications, services, facilities, or attending our classes and events (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and Mystanovia ("we," "us," or "our") regarding your use of our Services. Please read them carefully.

2. Changes to Terms

We may modify these Terms at any time. When we do, we will update the "Last Updated" date at the top of this page. It is your responsibility to review these Terms periodically. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.

3. Using Our Services

Eligibility

You must be at least 18 years old to use our Services. If you are under 18, you may only use our Services with the involvement and consent of a parent or guardian.

Account Creation

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.

Health Acknowledgment and Waiver

By participating in any class, event, or program offered by Mystanovia, you acknowledge that:

  • You are in good physical condition and able to safely participate in the activities.
  • You have consulted with a physician before beginning any exercise program, especially if you have any health concerns or medical conditions.
  • You understand that there are risks associated with physical activities, and you voluntarily assume these risks.
  • You agree to follow all instructions given by our instructors and to exercise within your own capabilities.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable law, rule, or regulation
  • Harassing, threatening, or intimidating any person
  • Interfering with the proper functioning of our Services
  • Attempting to access areas or features that you are not authorized to access
  • Posting or sharing content that is offensive, harmful, or inappropriate
  • Using our Services for commercial purposes without our prior written consent
  • Engaging in any behavior that disrupts others' enjoyment of our Services

4. Memberships and Payments

Membership Options

We offer various membership options and pricing plans. The specific terms, including price, duration, included services, and cancellation policies, will be presented to you before you purchase a membership.

Payment Terms

By purchasing a membership or service, you agree to pay the fees as they become due. We use third-party payment processors, and your use of these services is subject to their terms and conditions.

Automatic Renewal

Memberships may automatically renew at the end of the term unless canceled by you. You can manage your subscription settings in your account or by contacting us.

Refunds and Cancellations

Refund and cancellation policies vary depending on the type of service or membership purchased. Please refer to the specific terms provided at the time of purchase or contact us for details.

Price Changes

We reserve the right to adjust pricing for our Services at any time. If we change the price of your membership, we will provide notice before the price change takes effect.

5. Intellectual Property Rights

Our Content

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, are owned by Mystanovia, our licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. This license does not include any resale or commercial use of our Services or its contents.

User Content

You may have the opportunity to post or share content, such as reviews, comments, or images ("User Content"). By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with our Services.

Feedback

If you provide us with any feedback or suggestions regarding our Services, you assign all rights in such feedback to us, and we shall be entitled to use the feedback in any manner we deem appropriate without any obligation to you.

6. Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH OUR SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYSTANOVIA, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES 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; AND
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. Indemnification

You agree to defend, indemnify, and hold harmless Mystanovia, its directors, employees, partners, agents, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to our Services;
  • Your violation of these Terms;
  • Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
  • Any claim that your User Content caused damage to a third party; or
  • Any misrepresentation made by you.

This defense and indemnification obligation will survive these Terms and your use of our Services.

9. Termination

We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using our Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

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 by a court, the remaining provisions of these Terms will remain in effect.

11. Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Sydney, New South Wales, Australia, using the English language in accordance with the Arbitration Rules and Procedures of the Australian Centre for International Commercial Arbitration then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees, and all other expenses) incurred in connection therewith.

12. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.

13. Contact Information

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

Mystanovia
42 Serenity Lane
Sydney, NSW 2000
Australia
[email protected]
+61 2 8467 5932