Terms of Use

Last Updated: May 19, 2025

Please read these Terms of Use ("Terms") carefully before using the Cosmotavia website or participating in our aqua fitness, aqua yoga, personal training, and other services offered by Cosmotavia ("we," "us," or "our").

By accessing our website, registering for our services, or participating in our classes, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing the website, registering for our services, or participating in our classes, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any other guidelines, rules, or additional terms referenced herein. We reserve the right to modify these Terms at any time without notice. Your continued use of our website or services following any changes constitutes your acceptance of such changes.

2. Use of the Website

You agree to use our website only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit anyone's use or enjoyment of the website. You are prohibited from engaging in any activity that could damage, disable, or impair the functionality of our website.

3. Services and Classes

Cosmotavia offers aqua fitness, aqua yoga, personal training, and pregnancy classes. By registering for our classes or services, you agree to the following:

  • To provide accurate and complete health information relevant to your participation
  • To follow all safety instructions provided by our instructors
  • To arrive on time for scheduled classes
  • To notify us at least 24 hours in advance if you need to cancel
  • To use equipment properly and follow facility rules
  • To respect the rights and well-being of other participants

We reserve the right to refuse service to anyone at our discretion, particularly if we believe participation may pose a health or safety risk.

4. Health and Fitness Disclaimer

Participation in physical activities such as aqua fitness, aqua yoga, and personal training involves certain risks. You should consult with a healthcare provider before starting any exercise program, particularly if you have pre-existing health conditions, are pregnant, or have recently given birth.

By participating in our classes or services, you:

  • Acknowledge that you are physically capable of participating
  • Assume all risks associated with participation
  • Agree to follow the instructions of our qualified instructors
  • Will immediately inform instructors of any pain, discomfort, fatigue, or other symptoms experienced during activities

The information provided on our website and during classes is for general informational purposes only and should not be considered as medical advice.

5. Registration and Account

Some features of our website or services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account information, including your password, 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.

6. Payment and Cancellation

By registering for our classes or services, you agree to pay all fees and charges associated with your account. All payments are non-refundable unless otherwise specified in our cancellation policy.

Our cancellation policy is as follows:

  • Cancellations made at least 24 hours before a scheduled class may be eligible for a credit or rescheduling
  • Cancellations made less than 24 hours before a scheduled class are not eligible for a refund or credit
  • Package purchases are non-refundable but may be transferable with our approval

We reserve the right to cancel or reschedule classes due to low enrollment, instructor illness, or other unforeseen circumstances. In such cases, you will be offered a credit, refund, or alternative class option.

7. Intellectual Property

All content, features, and functionality of our website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Cosmotavia or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our express written consent.

8. User Content

If you submit, post, or share content on our website or social media platforms, you grant us a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content. You represent and warrant that you own or have the necessary permissions to use and authorize us to use your content.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COSMOTAVIA 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 OUR WEBSITE OR SERVICES
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR WEBSITE
  • ANY CONTENT OBTAINED FROM OUR WEBSITE
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
  • INJURIES OR ACCIDENTS THAT OCCUR DURING PARTICIPATION IN OUR CLASSES OR SERVICES

10. Indemnification

You agree to indemnify, defend, and hold harmless Cosmotavia, 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) arising from:

  • Your use of our website or services
  • Your violation of these Terms
  • Your violation of any rights of another
  • Your conduct in connection with our website or services

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Western Australia, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Western Australia, and you consent to the personal jurisdiction of such courts.

12. Termination

We reserve the right to terminate or suspend your access to our website or services, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use our website and services will immediately cease.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be struck from these Terms, and the remaining provisions shall remain in full force and effect.

14. Contact Information

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

Cosmotavia
15 Anzac St, Bayswater WA 6053
Phone: +61 412 412903
Email: [email protected]