Terms of Use
Last updated: February 22, 2024
Please read these Terms of Use carefully before accessing or using any part of the Primaverax platform or services. By accessing or using our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our services.
1. Acceptance of Terms
These Terms of Use constitute a legally binding agreement between you and Primaverax governing your access to and use of our website, platform, and all associated services. Your continued use of the services following any updates to these Terms constitutes acceptance of those changes.
2. Eligibility
You must be at least 18 years of age to use our services. By agreeing to these Terms, you represent and warrant that you meet this requirement. If you are using the services on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
3. Description of Services
Primaverax provides an online platform delivering individual health gymnastics programmes and related wellness services. The content, features, and availability of the services may change at any time without prior notice. We reserve the right to modify, suspend, or discontinue any part of the services at our discretion.
4. Account Registration and Security
4.1 Account Creation
Certain features of the services require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep that information updated at all times.
4.2 Account Responsibility
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at info@primaverax.com if you suspect any unauthorised access to your account.
4.3 Account Termination
We reserve the right to suspend or terminate your account at any time if we reasonably believe you have violated these Terms or engaged in conduct harmful to other users or to Primaverax.
5. Acceptable Use
You agree to use the services only for lawful purposes and in a manner consistent with these Terms. You must not:
a. Use the services in any way that violates applicable laws or regulations.
b. Transmit any material that is harmful, offensive, defamatory, fraudulent, or otherwise objectionable.
c. Attempt to gain unauthorised access to any part of the platform, server, or network connected to the services.
d. Introduce viruses, malicious code, or any technology designed to disrupt or damage the services.
e. Reproduce, duplicate, copy, sell, or exploit any portion of the services without our express written permission.
f. Use automated tools, bots, scrapers, or similar mechanisms to access or collect data from the platform.
6. Health and Wellness Disclaimer
The content provided through our services, including all gymnastics programmes, exercises, and wellness guidance, is intended for general informational and educational purposes only. It does not constitute medical advice, diagnosis, or treatment. You should always consult a qualified healthcare professional before beginning any new physical activity or wellness programme, particularly if you have a pre-existing medical condition or injury.
Primaverax expressly disclaims any liability for injury, loss, or damage arising from your use of or reliance on any content provided through the services.
7. Intellectual Property
7.1 Ownership
All content available through the services, including but not limited to text, graphics, video, audio, software, and programme materials, is the exclusive property of Primaverax or its licensors and is protected by applicable intellectual property laws.
7.2 Limited Licence
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the services solely for your personal, non-commercial purposes in accordance with these Terms.
7.3 Restrictions
You may not copy, modify, distribute, sell, sublicense, or create derivative works based on any content from the services without our prior written consent.
8. User-Submitted Content
If you submit, upload, or share any content through the services, you grant Primaverax a worldwide, royalty-free, non-exclusive licence to use, reproduce, adapt, and display that content in connection with operating and improving the services. You represent that you own or have the necessary rights to submit such content and that it does not infringe any third-party rights.
We reserve the right to remove any user-submitted content at our sole discretion without notice.
9. Payments and Subscriptions
9.1 Fees
Certain services are offered on a paid subscription basis. All applicable fees will be clearly communicated prior to purchase. By subscribing, you authorise us to charge the applicable fees to your nominated payment method.
9.2 Billing
Subscription fees are billed on a recurring basis according to the plan you select. It is your responsibility to ensure your payment details remain current and accurate.
9.3 Cancellations and Refunds
You may cancel your subscription at any time through your account settings. Refunds are issued in accordance with our Refund Policy, which is incorporated into these Terms by reference. We reserve the right to modify pricing with reasonable advance notice.
10. Third-Party Links and Services
The services may contain links to third-party websites or integrate with third-party tools and services. These links are provided for convenience only. Primaverax does not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party service. Your interactions with third-party services are governed solely by their respective terms and policies.
11. Privacy
Your use of the services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the services, you consent to the collection and use of your information as described in our Privacy Policy.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Primaverax and its officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising out of or in connection with your use of or inability to use the services.
Our total aggregate liability to you for any claim arising under these Terms shall not exceed the amount you paid to us in the twelve months preceding the event giving rise to the claim.
13. Disclaimer of Warranties
The 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 warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the services will be uninterrupted, error-free, or free of harmful components.
14. Indemnification
You agree to indemnify, defend, and hold harmless Primaverax and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the services, your violation of these Terms, or your infringement of any third-party rights.
15. Modifications to These Terms
We reserve the right to update or modify these Terms at any time. When we do, we will revise the "Last updated" date at the top of this page. Where changes are material, we may provide additional notice such as an in-platform notification or an email to the address associated with your account. Your continued use of the services after any changes constitutes your acceptance of the revised Terms.
16. Termination
We may terminate or suspend your access to the services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the services will immediately cease. Provisions of these Terms that by their nature should survive termination shall remain in effect.
17. Governing Principles
These Terms are intended to be interpreted in a fair and reasonable manner. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Primaverax with respect to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether oral or written.
19. Contact Us
If you have any questions, concerns, or requests relating to these Terms of Use, please contact us:
Primaverax
59 Clyde Cct, Raymond Terrace NSW 2324, Australia
Email: info@primaverax.com
Phone: +61 2 9630 1630