Terms of Use

1. Acceptance of Terms

By accessing and using Ombranelora's services, website (ombranelora.shop), or participating in our functional training programs, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.

If you do not agree with any part of these terms, you must not use our services. These terms constitute a legally binding agreement between you and Ombranelora.

Capacity to Enter Agreement: By using our services, you represent that you are at least 18 years old or have parental/guardian consent to participate in our programs.

2. Description of Services

Ombranelora provides comprehensive functional training services designed to enhance your physical fitness, coordination, balance, strength, and flexibility. Our services include:

Core Training Programs:

• Strength & Flexibility Fusion: Combined programs targeting both muscular strength and joint flexibility
• Coordination Boost: Exercises designed to improve body coordination and balance
• Injury Prevention Regimen: Preventive training protocols to reduce injury risk
• Recovery Acceleration: Specialized recovery and rehabilitation programs
• Natural Movement Exercises: Training that mimics everyday body movements
• Full Body Stretch & Joint Flexibility: Comprehensive stretching and mobility programs

Service Delivery Methods:

• In-person training sessions at our facility
• Online training consultations and program design
• Personalized fitness assessments and progress tracking
• Educational content and training materials
• Nutritional guidance related to fitness goals
• Recovery and wellness coaching

Adaptive Programs: All our services are designed to be adaptable to various fitness levels, from beginners to advanced athletes, and can be modified for individuals with specific health considerations or physical limitations.

4. User Responsibilities and Conduct

As a user of our services, you agree to:

Health and Safety Responsibilities:

• Provide accurate and complete health information during assessments
• Inform us immediately of any changes in your health status
• Follow all safety instructions and guidelines provided
• Use equipment properly and as instructed
• Respect the physical limitations of your body
• Report any injuries or adverse reactions immediately

Behavioral Standards:

• Treat all staff, trainers, and other participants with respect
• Maintain appropriate behavior during training sessions
• Arrive punctually for scheduled appointments
• Wear appropriate athletic attire and footwear
• Maintain personal hygiene standards
• Follow facility rules and regulations

Information Accuracy:

• Provide truthful and accurate personal information
• Update your contact and health information as needed
• Notify us of any emergency contact changes
• Report any concerns or issues promptly

Prohibited Activities: You agree not to:

• Use our services while under the influence of drugs or alcohol
• Engage in disruptive or inappropriate behavior
• Bring unauthorized guests or equipment
• Use recording devices without explicit consent
• Share or distribute our proprietary training materials
• Attempt to train other participants without authorization

5. Account Registration and User Information

To access certain services, you may need to create an account with us. When registering, you agree to:

Account Security:

• Provide accurate, current, and complete registration information
• Maintain and update your information as necessary
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized account access
• Accept responsibility for all activities under your account

Account Termination: We reserve the right to suspend or terminate accounts that violate these terms or engage in inappropriate behavior. You may close your account at any time by contacting us directly.

6. Payment Terms and Policies

Our payment policies ensure fair and transparent pricing for all services:

Service Fees:

• All prices are quoted in Australian Dollars (AUD) unless specified otherwise
• Fees may vary based on service type, duration, and customization level
• Special rates may apply for ongoing programs or package deals
• Prices are subject to change with reasonable notice

Payment Methods and Timing:

• We accept major credit cards, bank transfers, and other approved payment methods
• Payment is typically required in advance of service delivery
• For ongoing programs, payment schedules will be clearly outlined
• Late payment fees may apply as outlined in your service agreement

Refund and Cancellation Policy:

• Session Cancellations: 24-hour notice required for session cancellations to avoid charges
• Program Cancellations: Refunds available within 14 days of program start for unused sessions
• Medical Cancellations: Special consideration for cancellations due to injury or medical issues
• No-Shows: Full session fee applies for no-shows without proper notice
• Refund Processing: Approved refunds processed within 7-14 business days

Package and Membership Terms:

• Training packages have expiration dates as specified in your agreement
• Unused sessions may be forfeited after expiration
• Membership terms and conditions apply to ongoing service agreements
• Transfer of sessions to other individuals requires approval

7. Intellectual Property Rights

All content, materials, and intellectual property related to our services are protected:

Our Proprietary Content:

• Training methodologies, exercise programs, and fitness protocols
• Educational materials, videos, and written content
• Website design, logos, trademarks, and branding elements
• Assessment tools and measurement techniques
• Software, applications, and digital platforms

Usage Rights: You are granted a limited, non-exclusive license to use our materials solely for your personal fitness and training purposes. You may not:

• Reproduce, distribute, or publicly display our content
• Use our materials for commercial purposes
• Modify or create derivative works from our content
• Share access credentials or materials with unauthorized parties
• Reverse engineer or attempt to access proprietary information

User-Generated Content: Any feedback, suggestions, progress photos, or testimonials you provide may be used by us for promotional purposes with your consent.

8. Limitation of Liability

To the fullest extent permitted by law, Ombranelora's liability is limited as follows:

Disclaimer of Warranties: Our services are provided "as is" without warranties of any kind, express or implied. We do not warrant that our services will be uninterrupted, error-free, or meet your specific requirements.

Limitation of Damages: We shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Personal injury resulting from your use of our services (except where caused by our negligence)
• Damages exceeding the total amount paid for services in the 12 months preceding the claim

Assumption of Risk: You acknowledge that physical exercise involves inherent risks and you assume all responsibility for your participation in our programs.

Australian Consumer Law: Nothing in these terms excludes, restricts, or modifies your rights under the Australian Consumer Law or other applicable consumer protection legislation.

10. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy for detailed information about how we collect, use, and protect your personal information.

Key Privacy Points:

• We collect health and fitness information necessary for service delivery
• Personal data is used to customize and improve your training experience
• We implement security measures to protect your information
• You have rights regarding your personal data under applicable privacy laws
• We may share information with healthcare providers when necessary (with consent)

Consent for Communication: By using our services, you consent to receive communications about your training, scheduling, and related fitness information.

11. Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue any aspect of our services:

Service Changes:

• Program updates and improvements may be implemented regularly
• Training methods may evolve based on new fitness research
• Service availability may be affected by facility maintenance or emergencies
• We will provide reasonable notice of significant changes affecting your service

Force Majeure: We are not liable for service interruptions due to circumstances beyond our control, including natural disasters, government restrictions, or public health emergencies.

Facility Access: Access to our facilities may be restricted or modified based on capacity, safety requirements, or regulatory compliance.

12. Termination of Services

Either party may terminate the service relationship under certain circumstances:

Termination by You:

• You may cancel services according to our cancellation policy
• Written notice may be required for ongoing service agreements
• Refunds will be processed according to our refund policy
• You remain responsible for any outstanding fees

Termination by Us: We may terminate services if you:

• Violate these terms of use or facility policies
• Engage in inappropriate or disruptive behavior
• Fail to make required payments
• Provide false or misleading health information
• Pose a safety risk to yourself or others

Effect of Termination: Upon termination, your access to services will cease, and any outstanding obligations will become immediately due.

13. Dispute Resolution

We encourage open communication to resolve any concerns. Our dispute resolution process includes:

Initial Resolution Attempt:

• Contact us directly to discuss your concerns
• We will work in good faith to resolve issues promptly
• Documentation of the issue and proposed solutions will be maintained
• Most disputes can be resolved through direct communication

Formal Dispute Process:

• If direct resolution fails, formal written notice may be required
• We may suggest mediation through recognized dispute resolution services
• Legal action should be considered only as a last resort
• Australian consumer protection laws and remedies remain available

Governing Law: These terms are governed by the laws of Queensland, Australia, and any disputes will be subject to the jurisdiction of Queensland courts.

14. Updates to Terms of Use

We may update these Terms of Use periodically to reflect changes in our services or legal requirements:

Notification Process:

• Updated terms will be posted on our website with a new "Last updated" date
• Significant changes will be communicated via email to registered users
• Continued use of our services after updates constitutes acceptance
• If you disagree with updated terms, you may terminate your service relationship

Grandfathering: Existing service agreements may continue under previous terms until renewal or modification, unless changes are required by law.

15. Miscellaneous Provisions

Entire Agreement: These Terms of Use, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Ombranelora.

Severability: If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Assignment: We may assign our rights and obligations under these terms. You may not assign your rights without our written consent.

Waiver: Our failure to enforce any provision of these terms does not constitute a waiver of our right to enforce that provision in the future.

Language: These terms are prepared in English. Any translations are provided for convenience only, and the English version governs in case of discrepancies.