Terms of Service

Last Updated: 8 May 2025

1. Agreement to Terms

By accessing or using the Fyronexium website, services, classes, or products (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

These Terms constitute a legally binding agreement between you and Fyronexium regarding your use of the Services. Please read them carefully.

2. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

We encourage you to review the Terms regularly to stay informed about our practices.

3. Services Description

Fyronexium provides wellness, fitness, and mindfulness services including, but not limited to, yoga, pilates, aqua fitness, meditation, tai chi, workshops, retreats, and related products.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of any aspect of the Services.

4. User Accounts

Some features of our Services may require you to create an account. When you create an account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

5. Health and Safety

By participating in our Services, you acknowledge that physical exercise involves inherent risks. You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from safely participating in our activities.

You understand that it is your responsibility to:

  • Consult with a physician before beginning any exercise program, especially if you have any health concerns
  • Follow all safety instructions provided by our instructors
  • Inform instructors of any physical limitations, injuries, or health conditions that may affect your participation
  • Discontinue participation and seek medical attention if you experience pain, discomfort, dizziness, or other adverse symptoms

6. Payment and Fees

By purchasing our Services, you agree to pay all fees and charges associated with your account or specific service purchases. All fees are due at the time of purchase unless otherwise specified.

Membership fees are billed on a recurring basis. By signing up for a membership, you authorize us to charge your payment method on a recurring basis until you cancel your membership.

Price changes may occur at any time, but will not affect current membership terms. We will provide advance notice of any price changes for recurring membership fees.

7. Cancellation and Refunds

Membership cancellations must be submitted at least 14 days before the next billing cycle to avoid being charged for the following month.

Class and workshop cancellations:

  • Cancellations made more than 48 hours before a scheduled class or workshop may be eligible for a full refund or credit
  • Cancellations made within 48 hours of a scheduled class or workshop may not be eligible for a refund but may receive a partial credit at our discretion
  • No-shows are not eligible for refunds or credits

Retreat cancellations:

  • Cancellations made more than 30 days before the retreat start date may receive a refund minus a processing fee
  • Cancellations made within 30 days of the retreat start date are not eligible for refunds but may be transferable to another person

We reserve the right to modify our cancellation and refund policies at any time.

8. Intellectual Property

All content, materials, and intellectual property on our website and in our Services, including but not limited to text, graphics, logos, images, videos, and software, are owned by or licensed to Fyronexium and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from our Services without our prior written consent.

9. Prohibited Conduct

You agree not to:

  • Use the Services in any way that violates any applicable law or regulation
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services or related systems
  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with others' use
  • Introduce any viruses, Trojan horses, worms, or other harmful material
  • Collect or track the personal information of others
  • Harass, abuse, or harm others while using our Services

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FYRONEXIUM DISCLAIMS ALL WARRANTIES, 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 SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FYRONEXIUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fyronexium and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your conduct in connection with the Services

13. Governing Law

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 principles.

Any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the courts located in Sydney, New South Wales, Australia, and you consent to the personal jurisdiction of such courts.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of the Terms will continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions published by Fyronexium on our website, constitute the entire agreement between you and Fyronexium concerning your use of the Services.

16. Contact Information

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

  • By email: [email protected]
  • By phone: +61 4 8712 9385
  • By mail: 42 Wellness Lane, Sydney, NSW 2000, Australia