Bloom Wellness Centre

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Terms & Conditions

Welcome to the Bloom Online Health & Wellness Centre, a comprehensive platform dedicated to improving your physical and mental wellbeing through a variety of digital services (“Services”). Our Services are accessible via our website and mobile application (“Platform”).

Acceptance of Terms

By accessing or using our Platform, you acknowledge you have read, understood, and agree to be bound by these Terms of Use (“Terms”) and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Services.

Eligibility

The Platform is intended for individuals aged 18 and above. By using the Platform, you represent and warrant that you meet this age requirement. Minors under 18 may use the Services only with the involvement of a parent or guardian.

Description of Services

Bloom provides subscribers with access to:

•             Fitness videos and schedules

•             Dietitian-approved recipes

•             Meditation and breathwork content

•             Links to third-party counselling and dietitian consultations

•             Health and wellness eBooks

Your Conduct

By using the Bloom Online Health & Wellness Centre Services, you agree to engage only in lawful activities and use the Services for purposes as intended by Bloom. The following conduct is explicitly prohibited:

•             Unauthorized Access: You may not access or use the Services for any other purpose other than that for which Bloom makes it available. Prohibited activity includes, but is not limited to, attempting to access data not intended for you, logging into an account you are not authorized to access, or probing the security of the Services without permission.

•             Interference with the Services: You are prohibited from interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services. This includes distributing viruses or any other harmful code, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.

•             Security Violations: Attempting to breach any security or authentication measures put in place by Bloom, including forging any TCP/IP packet headers or any part of the header information in any email or posting, is strictly forbidden.

•             Data Harvesting: Scraping, data mining, or harvesting data from the Services without explicit permission from Bloom is not allowed.

•             Misuse of Services: Employing robots, spiders, or any other device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services is prohibited.

Violations of system security may result in civil or criminal liability. Bloom will investigate incidents involving such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations.

Community Conduct

In our community forums and through any user interactions, we expect all members to create a welcoming and respectful environment. Treat others with kindness and respect. We do not tolerate bullying, harassment, or making degrading comments about race, religion, culture, sexual orientation, gender, identity, or any other personal characteristics.

Promotions, spamming, or posting irrelevant links to third-party sites, especially for personal business gains, are not allowed within the community forums. If you experience or witness harassment, bullying, or inappropriate behaviour, please report it to our community administrators immediately for review.

Contributions to the site, including posts in the community forum, should be constructive and related to the topics of health, wellness, fitness, nutrition, or mental health. By engaging with the community, you agree to abide by these community guidelines. Failure to adhere to these guidelines may result in account suspension or removal.

User Accounts and Subscriptions

•             Accounts: Users must create an account to access certain Services. You agree to provide accurate and complete information and keep this information updated.

•             Subscriptions: Services are provided on a subscription basis. We offer both monthly and annual billing cycles. Your subscription automatically renews unless cancelled at least 24 hours before the end of the current period.

•             Cancellations: You can cancel your subscription at any time via your account settings. Upon cancellation, access to subscribed Services continues until the end of the current billing period.

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Subscription and Payment Terms

Changes and Availability of Payment Plans

•             Bloom Online Health & Wellness Centre offers various payment plans for accessing its digital content, including but not limited to pay-per-view options, subscriptions, memberships, and rental agreements (“Payment Plans”). The selection, features, and prices of our Payment Plans are subject to change at Bloom’s sole discretion without prior notice.

 

•             While we strive to offer a broad range of Payment Plans to meet the diverse needs of our users, Bloom makes no guarantee regarding the continuous availability of any specific Payment Plan. Changes may be influenced by evolving business strategies, market demands, or content availability. We encourage our users to review the available Payment Plans periodically to ensure they are subscribing to the plan that best meets their needs.

Authorization to Charge

•             By selecting a Payment Plan, you expressly authorize Bloom to charge the applicable fees to the payment method you designate at the time of your purchase (“Payment Method”). This authorization extends to any other charges in connection with your use of the Services, including any applicable taxes, additional fees, or charges for add-on services.

•             You may update or change your Payment Method information at any time by accessing your account settings on the Platform. Navigate to the ‘Settings’ tab under your username and follow the prompts to update your payment details.

Billing and Receipts

•             Charges for your selected Payment Plan will be billed in advance, either on a monthly or annual basis, as specified during the subscription process. Upon successful processing of your payment, Bloom will send a receipt to the email address registered with your account. This receipt serves as confirmation of your purchase and includes details of the charges made to your Payment Method.

Your access to the Services under your chosen Payment Plan will continue without interruption unless and until you decide to cancel your subscription or Bloom terminates it. To avoid incurring charges for the next billing cycle, you must cancel your Payment Plan in accordance with the specific terms associated with that plan. Cancellation instructions are provided within the account settings on the Platform. Failure to cancel before the end of the current billing cycle will result in automatic renewal and billing for the subsequent cycle.

Cancellation and Renewal

•             Subscriptions and other recurring Payment Plans will auto-renew at the end of each billing cycle unless you cancel your subscription before the renewal date. Bloom will attempt to notify you in advance of an upcoming renewal, provided that such notification is not guaranteed and failure to receive such notice does not waive your responsibility to timely cancel your subscription if desired.

•             Cancellation of a Payment Plan can be completed through your account settings on the Platform. Upon cancellation, you will retain access to the subscribed Services until the end of the current billing period. No refunds or credits will be provided for partial months or years of service, or for periods in which your account remains open but unused.

Health and Wellness Disclaimer

Before starting any new fitness regimen or diet, consult with a healthcare provider. The content on our Platform is not intended as medical advice and is for informational purposes only.

 

Use of Services

Scope of Services

Bloom Online Health & Wellness Centre provides a digital platform offering a wide range of health and wellness content, including but not limited to, on-demand video streaming of fitness classes, meditation sessions, nutritional recipes, and other wellness-related materials (“Services”). Our Services are designed to support your personal health and wellness journey by providing convenient access to quality content from the comfort of your home or any location of your choosing.

Personal Evaluation

You acknowledge that it is your responsibility to assess the suitability of the Services for your personal health, fitness, and wellness goals. Before engaging with any of the physical activities or nutritional advice provided through our Services, we recommend consulting with healthcare professionals to ensure the selected activities and dietary recommendations are appropriate for your individual health condition and fitness level.

License to Use

Bloom grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial purposes. This license extends to viewing the content offered through Bloom’s website and mobile applications, strictly for personal health and wellness enhancement. You agree not to use the Services for public performances, commercial purposes, or any other purpose not expressly permitted in these Terms.

Fees and Payments

Some components of the Services may require payment before access is granted (“Paid Services”). By opting to use Paid Services, you agree to pay all associated fees and charges, including applicable taxes and potential late fees. Payment will be processed using the credit card information provided by you at the time of purchase or as updated in your account settings.

It is your responsibility to ensure that all credit card information stored in your account is current and valid to avoid service interruptions. Bloom reserves the right to suspend or terminate access to Paid Services if we are unable to process payment due to outdated or incorrect payment information.

Account Responsibility

Each user is responsible for maintaining the confidentiality of their account information, including usernames and passwords. You are accountable for all activities that occur under your account, including the use of Paid Services by any third-party with or without your consent. In the event of unauthorized use of your account or any other breach of security, you must immediately notify Bloom. Bloom will not be liable for any loss or damage arising from your failure to comply with this responsibility.

User Information

Responsibility and Accuracy

When you engage with Bloom Online Health & Wellness Centre (“Bloom”), you become responsible for the accuracy and security of your personal information provided to us. This includes, but is not limited to, information you input or upload to the Services, and any User Generated Content you may share. You affirm that you possess the legal right and authorization to provide such information and to engage with the Services under these terms.

Upon registration and at subsequent times as requested, you will provide information that is accurate, complete, and current. Failure to do so may result in an inability to access the Services, termination of your account, or other corrective actions by Bloom.

Privacy Commitment

Bloom values your privacy immensely. Our practices concerning the collection, use, and disclosure of your information are detailed in our Privacy Policy, accessible at [Insert Privacy Policy Link]. By agreeing to these Terms, you acknowledge you have read and understood our Privacy Policy.

Third-Party Offers

Based on your preferences and interactions with the Services, Bloom may present you with opportunities to access third-party services and products. These offerings are optional and require your explicit consent to engage. You have the freedom to opt-out of receiving these third-party services and products at any time through your account settings or by contacting our support team.

Username/Password/Security

Secure Access

Maintaining the confidentiality of your account details, including your username and password, is essential for the protection of your account. You are solely responsible for all activities that occur under your account, regardless of whether they are authorized by you. Sharing your account details with others can compromise the security of your account.

Device Security

If multiple individuals have access to your device, or if you are using a public or shared device, ensure you log out of the Services after each session. This precaution helps prevent unauthorized access to your account and personal information.

Notification of Breach

Should you become aware of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your username or password, it is your responsibility to promptly notify Bloom. Immediate reporting can help mitigate unauthorized access to your personal information and potential losses.

 

Third-Party Links and Services

Our Platform may contain links to third-party websites and services, including discounted consultations with external providers. Bloom is not responsible for the content or services on these third-party sites.

Intellectual Property Rights

Ownership and Protection

All trademarks, trade names, logos, service marks, and any other proprietary designations of Bloom Online Health & Wellness Centre used herein are trademarks or registered trademarks of Bloom. Any other trademarks, logos, and service marks displayed on the Platform are the property of their respective owners. Unless expressly stated otherwise, nothing in these Terms grants you any license to use any trademark, service mark, logo, or other proprietary information of ours or any third party.

Bloom Online Health & Wellness Centre and its affiliated entities retain full and complete title to all content provided on the Platform, including but not limited to, audio, video, textual, graphical, technological, and other materials, as well as the design, selection, and arrangement of content (collectively, “Bloom Content”). Bloom Content is protected by applicable copyright, trademark, and other intellectual property laws in the United States and internationally.

User Acknowledgement

You acknowledge that the Bloom Content, including all associated intellectual property rights, is the exclusive property of Bloom Online Health & Wellness Centre and its licensors. Our provision of the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Bloom and its suppliers reserve all rights not granted in these Terms.

Usage Restrictions

You are authorized to access and use the Platform and Bloom Content for your personal, non-commercial use in accordance with these Terms and any specific conditions we may apply to certain content or sections of the Platform. You may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Bloom Content, except as generally and ordinarily permitted through the Platform according to these Terms.

You must not:

•             Modify copies of any materials from the Platform.

•             Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text without explicit permission.

•             Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

User-Generated Content

You may have the opportunity to create, post, or share content on the Platform (“User-Generated Content”). You retain all rights in, and are solely responsible for, the User-Generated Content you post to the Platform. However, by submitting User-Generated Content, you grant Bloom a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User-Generated Content in connection with the Platform and Bloom’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels.

Infringement Notices

Bloom respects the intellectual property rights of others and expects users of the Platform to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been used on the Platform in a way that constitutes copyright infringement, please follow our copyright policy to report alleged infringement.

Unauthorized Use and Restrictions

As a user of Bloom Online Health & Wellness Centre, it is imperative to understand and adhere to the restrictions regarding the use of our Services and Bloom Content. Specifically, you may not sell, modify, reproduce, display, publicly perform, distribute, or otherwise use the Services and Bloom Content in any way for any commercial or unauthorized purpose. This prohibition extends to all forms of Bloom Content made available through our Services, including, but not limited to, videos, articles, recipes, meditation guides, and eBooks, whether for direct financial gain or other purposes not expressly permitted by these Terms.

Unauthorized use or distribution of Bloom Content violates intellectual property laws and the rights granted to you as a user of our Services. It is essential to respect the ownership and effort that goes into creating and maintaining the quality and integrity of Bloom Content.

Compliance and Enforcement

Bloom Online Health & Wellness Centre reserves the right to enforce these Terms vigorously, including intellectual property rights and usage restrictions. Violation of these Terms, including unauthorized use of Bloom Content, may result in immediate termination of your access to the Services, legal action for infringement, and liability for damages. We are committed to protecting our intellectual property and ensuring that our Services remain a trusted and valuable resource for personal health and wellness.

Your cooperation in adhering to these Terms helps maintain a positive, supportive community and ensures continued access to the valuable resources provided by Bloom Online Health & Wellness Centre.

 

Warranty Disclaimers

General Disclaimer

Bloom Online Health & Wellness Centre provides its services, including all on-demand fitness videos, meditation sessions, nutritional recipes, guided meditation and breathwork videos, meditation music, access to Olive Counselling & Wellness, Ideal Nutrition consultations, and eBooks (“Services”), on an “AS IS” and “AS AVAILABLE” basis. Bloom expressly disclaims all warranties and conditions of any kind, whether express, implied, or statutory, including but not limited to the implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights.

No Guarantees

Bloom does not guarantee that the Services will meet your requirements, provide specific benefits, or that the use of the Services will be uninterrupted, timely, secure, or error-free. The Services may be subject to delays, cancellations, and other disruptions. Bloom makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services.

Internet and Data Transmission

Transmission of data over the internet and other publicly accessible networks is not always secure. Bloom is not liable for any data lost, intercepted, or altered during transmission. By using our Services, you acknowledge the risk of transmitting data in this manner and agree that Bloom is not responsible for any interception or interruption of any communications and data transmitted to or from the Services.

User Content

Bloom is not responsible for any user-generated content you provide and does not guarantee the security, integrity, or quality of such content. Users are solely responsible for their own content, including the backup and security of such content. Bloom will not be liable for any loss, deletion, corruption, or damage of any such user-generated content.

Limitation of Liability

To the fullest extent permitted by law, Bloom, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers will not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (i) the use or inability to use the Services; (ii) unauthorized access to or alteration of your transmissions or data; (iii) conduct or content of any third party on the Services; or (iv) any other matter relating to the Services.

Maximum Liability

In the event of any problem with the Services or any content, you agree that your sole remedy is to cease using the Services. Under no circumstance shall Bloom or its suppliers be liable in any way for your use of the Services or any of its content, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of the Services.

Backup

Users are expected to maintain their own backup of all content and information; Bloom is not responsible for the failure to store, or for the deletion or corruption of, any content and information.

By using Bloom Online Health & Wellness Centre’s Services, you acknowledge that you have read and agree to these disclaimers and that you accept and assume all risks related to the use of the Services.

Limitation of Liability

Scope of Liability

Bloom Online Health & Wellness Centre, along with its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors, shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to, use of, or inability to access or use the Services. This includes damages arising from errors, omissions, interruptions, defects, delays, computer viruses, loss of data, unauthorized access to or alteration of transmissions or data, emotional distress, or any other tangible or intangible losses, regardless of the cause of action, including warranty, contract, tort (including negligence), or any other legal theory.

Maximum Liability

Notwithstanding anything to the contrary contained herein, Bloom Online Health & Wellness Centre’s liability to you for any damages arising from or related to your use of the Services (for any cause whatsoever and regardless of the form of action), will at all times be limited to the greater of (a) fifty US Dollars ($50) or (b) amounts you have paid Bloom Online Health & Wellness Centre in the prior twelve (12) months (if any). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Applicability

The limitations on liability apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Bloom Online Health & Wellness Centre has been advised of the possibility of such damage.

Indemnification

User’s Agreement to Indemnify

You agree to defend, indemnify, and hold harmless Bloom Online Health & Wellness Centre, its affiliates, subsidiaries, and their respective directors, officers, employees, agents, partners, contractors, and licensors from and against all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Bloom’s Right to Defense

Bloom Online Health & Wellness Centre reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Bloom Online Health & Wellness Centre in asserting any available defenses.

Notification

Bloom Online Health & Wellness Centre will provide notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit, or proceeding.

Communications

Consent to Receive Communications

By using the Services provided by Bloom Online Health & Wellness Centre, you explicitly consent to receive electronic communications from us. These communications may encompass emails concerning account management, password reset instructions, access details, marketing initiatives, transactional information, and other service-related information pertinent to your account with us.

Marketing Communications

You have the option to opt-out of receiving marketing communications from us at any time by following the unsubscribe link provided in any marketing email we send you or by contacting us directly with your request.

Additional Terms and Conditions

Relationship Definition

Nothing within this Agreement is intended to, or shall be construed to create a joint venture, partnership, employer/employee, or principal and agent relationship between you and Bloom Online Health & Wellness Centre.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in New South Wales, Australia, for any action arising out of or related to these Terms of Service and waive any objections based on lack of personal jurisdiction, improper venue, or forum non-convenience.

Severability

If any provision of these Terms of Service is held invalid or unenforceable by a court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms of Service will continue in full force and effect.

Waiver

The failure or delay by Bloom Online Health & Wellness Centre in exercising any right or remedy under these Terms of Service shall not constitute a waiver of such right or remedy. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by a duly authorized representative of Bloom Online Health & Wellness Centre.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Bloom Online Health & Wellness Centre’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and void.

Rights and Obligations

Except as expressly stated herein, this Agreement creates rights and obligations only between Bloom Online Health & Wellness Centre and you, the user, and does not confer any rights or remedies upon any other person or entity.

Changes to Terms

Bloom reserves the right to modify these Terms at any time. By continuing to use the Platform after changes are made, you agree to be bound by the revised Terms.

Governing Law and Dispute Resolution

These Terms shall be governed by the laws of [Your Jurisdiction]. Any disputes arising from these Terms will be resolved through binding arbitration in [Your Jurisdiction].

Contact Information

For questions about these Terms, please contact us at [Contact Information].

By using the Bloom Online Health & Wellness Centre, you acknowledge that you understand and agree to these Terms of Use.

 

 

 

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