Terms & Conditions
Effective Date: November 10, 2025
These Terms and Conditions (“Terms”) govern your access to and use of the website biomimicz.com.au (the “Website”), our online programs, events, resources, and any other services provided by BAREEARTH BIOHAKRZ PTY LTD (ABN 96 669 448 220, trading as BioMiMicZ) (“we,” “us,” or “our”). We are a holistic wellness education company focused on unlocking nature’s secrets for vibrant living through practices such as thermotherapy, breathwork, cryotherapy, meditation, fasting, and more. Our offerings include online challenges (e.g., the 29-day program), educational resources, and support for home vitality, athletic performance, and business resilience.
By accessing or using our Website or services (collectively, the “Services”), you agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific Services (e.g., program-specific rules). If you do not agree, you must not access or use our Services.
We may update these Terms from time to time. Continued use after changes constitutes acceptance. We recommend reviewing them periodically.
- Eligibility and User Accounts
- Eligibility: You must be at least 18 years old or the age of majority in your jurisdiction to use our Services. By using our Services, you represent that you meet this requirement and have the legal capacity to enter into these Terms.
- Accounts: Some Services require creating an account. You agree to provide accurate, current, and complete information during registration and to update it as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized access.
- Account Termination: We may suspend or terminate your account at our discretion, including for violations of these Terms, without notice or liability.
- Use of Services
- Permitted Use: You may use our Services for personal, non-commercial purposes related to holistic wellness education, such as participating in programs, accessing resources, or attending events. Commercial use requires our prior written consent.
- Prohibited Conduct: You must not:
- Use our Services in any way that violates applicable laws, including Australian Consumer Law or health regulations.
- Engage in harmful activities, such as transmitting viruses, spamming, or interfering with our systems.
- Impersonate others, harass users, or post inappropriate content (e.g., discriminatory, defamatory, or obscene material).
- Reverse-engineer, decompile, or attempt to access our source code.
- Use automated tools (e.g., bots) to scrape or collect data without permission.
- Infringe on intellectual property rights or privacy of others.
- User-Generated Content: If you submit content (e.g., feedback, testimonials, or forum posts), you grant us a worldwide, royalty-free, perpetual license to use, modify, and distribute it for our business purposes. You represent that your content is original, non-infringing, and compliant with these Terms. We may remove or edit content at our discretion but are not obligated to monitor it.
- Intellectual Property
- Ownership: All content on our Website and Services, including text, graphics, logos, videos, programs, and educational materials (collectively, “Content”), is owned by us or our licensors and protected by Australian and international copyright, trademark, and other intellectual property laws.
- Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Content for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or create derivative works without our written permission.
- Trademarks: “BioMiMicZ” and related marks are our trademarks. Unauthorized use is prohibited.
- Payments, Fees, and Refunds
- Fees: Some Services (e.g., premium programs or events) require payment. Fees are displayed at the time of purchase and may include taxes (e.g., GST). We use third-party payment processors; your payment details are handled in accordance with their policies and our Privacy Policy.
- Payment Terms: Payments are non-refundable except as specified below or required by law. You authorize us to charge your provided payment method.
- Refunds and Cancellations:
- For online programs (e.g., 29-day challenge): Refunds may be available within 7 days of purchase if no substantial access has occurred, subject to our discretion and less any processing fees.
- Events: Cancellations must be made at least 48 hours in advance for a full refund; otherwise, no refund.
- We comply with Australian Consumer Law regarding faulty services. Contact us for refund requests.
- Price Changes: We may adjust fees at any time, but changes will not affect existing purchases.
- Disclaimers and Warranties
- General Disclaimer: Our Services are provided “as is” and “as available” without warranties of any kind, express or implied, including accuracy, completeness, or fitness for a particular purpose. We do not guarantee uninterrupted access or error-free operation.
- Health and Wellness Disclaimer: Our content is for educational purposes only and not medical advice. Practices like breathwork, cryotherapy, or fasting may carry risks. Consult a healthcare professional before participating, especially if you have medical conditions. We are not liable for any health outcomes.
- Third-Party Links: Our Services may link to external sites. We are not responsible for their content, privacy practices, or availability.
- Limitation of Liability
To the fullest extent permitted by law (including Australian Consumer Law):
- We, our directors, employees, and affiliates will not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to your use of our Services, even if advised of the possibility.
- Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.
- Nothing in these Terms excludes or limits liability for death, personal injury, fraud, or rights under Australian Consumer Law that cannot be excluded.
- Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, losses, liabilities, damages, costs, or expenses (including legal fees) arising from your violation of these Terms, misuse of Services, or infringement of third-party rights.
- Termination
We may terminate or suspend your access to Services at any time, without notice, for any reason, including breach of these Terms. Upon termination, your licenses and rights cease, and you must destroy any downloaded Content. Provisions that should survive (e.g., disclaimers, liability limits) will remain in effect.
- Governing Law and Dispute Resolution
These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be resolved exclusively in the courts of New South Wales. Before litigation, you agree to attempt informal resolution by contacting us.
If a dispute arises under Australian Consumer Law, you may also contact relevant consumer protection authorities.
- Miscellaneous
- Force Majeure: We are not liable for delays or failures due to events beyond our control (e.g., natural disasters, pandemics).
- Severability: If any provision is invalid, the remainder remains enforceable.
- No Waiver: Failure to enforce any right does not waive it.
- Entire Agreement: These Terms, along with our Privacy Policy and any specific agreements, constitute the entire understanding.
- Assignment: We may assign these Terms without your consent; you may not assign without our written approval.
- Contact Us
For questions or notices regarding these Terms:
- Email: support@biomimicz.com.au
Thank you for choosing BioMiMicZ. We look forward to supporting your wellness journey!