Legal
Terms of Service
1. About These Terms
These Terms of Service ("Terms") govern your access to and use of the HeraVita website (www.heravita.com.au), research participation programs, and any future products or services offered by Bubbaroo Pty Ltd (ACN 113 520 255) trading as HeraVita ("HeraVita", "we", "our", "us").
By accessing our website or participating in any HeraVita research program, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
2. Research Phase — Nature of Our Activities
HeraVita is currently operating in a research and development phase. Our primary purpose at this stage is:
- Conducting voluntary body measurement and garment fit research
- Developing a sizing framework for natural fibre activewear for women in midlife and beyond
- Engaging research participants and building a community of interest
During the research phase, we do not sell or supply goods to the public. No consumer transaction is completed through our website at this time. Accordingly, not all provisions of these Terms relating to products and purchases will apply until commercial operations commence.
3. Research Participation
Voluntary Participation
Participation in any HeraVita research program, including online surveys, screening questionnaires, booking for appointments, and 3D body scanning, is entirely voluntary. You may withdraw from participation at any time without penalty or consequence.
Eligibility
Our research program is directed at adult women (18 years and over). By participating, you confirm that you are 18 years of age or older.
Accuracy of Information
By participating in our research program, you agree to provide information that is accurate, complete, and not misleading. Providing false or misleading information may compromise the integrity of our research.
3D Body Scanning
Scan appointments are booked via Acuity Scheduling. Participation in 3D body scanning requires your express prior consent. By booking and attending a scanning appointment, you acknowledge and agree that:
- You have read and understood our Privacy Policy
- You consent to the collection of body measurement data for garment research purposes
- You will be issued a unique anonymous scan code; only this code — not your name or contact details — is transmitted to TG3D Studio Inc.
- Raw scan data is automatically transmitted to TG3D's servers (AWS, South Korea) upon completion of each scan and processed into anthropometric measurements and a featureless, colourless mannequin-style avatar
- TG3D Studio Inc. does not receive, hold, or store any information that identifies you personally
- You may request deletion of your identifiable data and associated scan data at any time by contacting info@heravita.com.au
Scan Booking Fee and Redemption
A non-refundable booking fee of $50 AUD is required to confirm your 3D body scan appointment. This fee is charged at the time of booking.
The $50 booking fee is fully redeemable as a welcome gift when you attend your appointment. Upon arrival, you will receive:
- A pair of HeraVita merino wool socks
- A HeraVita silk hair scrunchie
These items are provided to you as a thank-you for participating in our research and are yours to keep regardless of the outcome of your scan appointment.
Please note:
- The booking fee is non-refundable if you cancel with less than 48 hours' notice or do not attend your appointment
- If you cancel with 48 hours' or more notice, we will offer you a full refund of the booking fee or the option to reschedule at no additional charge
- The welcome gift is redeemable only upon attendance at your scheduled appointment and cannot be substituted for a cash refund
- If a scheduled appointment is cancelled by HeraVita, you will receive a full refund of your booking fee and the option to reschedule
Your rights under the Australian Consumer Law are not affected by this policy. If your appointment is cancelled by us or cannot proceed due to a fault on our part, you are entitled to a full refund of your booking fee.
4. Use of Our Website
You agree to use our website only for lawful purposes. You must not:
- Use the website in any way that breaches any applicable local, national, or international law or regulation
- Transmit any unsolicited or unauthorised advertising or promotional material
- Attempt to gain unauthorised access to any part of the website or its related systems
- Engage in any conduct that could damage, disable, overburden, or impair the website
- Introduce viruses, trojans, worms, or other malicious or harmful material
- Reproduce, duplicate, copy, or resell any part of the website without our express written consent
5. Intellectual Property
All content on the HeraVita website, including but not limited to text, graphics, logos, images, research materials, and software, is owned by or licensed to Bubbaroo Pty Ltd and is protected by Australian and international intellectual property laws.
You may access and use our website content for personal, non-commercial purposes only. You must not copy, modify, adapt, distribute, sell, or create derivative works from any content on our website without our prior written permission.
The HeraVita name and logo are trade marks of Bubbaroo Pty Ltd. Nothing in these Terms grants you a licence to use our trade marks.
6. Disclaimer of Warranties
To the maximum extent permitted by law, we make no representations or warranties (express, implied, or statutory) in relation to:
- The accuracy, completeness, or currency of information on our website
- The availability or uninterrupted operation of our website
- The results to be obtained from using our website or participating in our research program
Our website and research program are provided on an 'as is' basis. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by law, that cannot lawfully be excluded, including any guarantee under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)).
7. Limitation of Liability
To the fullest extent permitted by law:
- We exclude all liability for any loss or damage (including indirect, special, incidental, or consequential loss) arising out of or in connection with your use of our website or participation in our research program
- Our total liability to you in connection with these Terms will not exceed $100 AUD
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or other right you have under the Australian Consumer Law that cannot be lawfully excluded.
8. Third-Party Links and Services
Our website may contain links to third-party websites or services. We do not control and are not responsible for the content, privacy practices, or terms of any third-party website. Links are provided for convenience only and do not constitute an endorsement.
9. Email Communications
By subscribing to our email list, you consent to receive marketing and research communications from HeraVita. You may unsubscribe at any time by clicking the unsubscribe link in any email or by contacting us at info@heravita.com.au. We comply with the Spam Act 2003 (Cth) in all electronic communications.
10. Changes to These Terms
We may update these Terms from time to time by posting a revised version on our website. Continued use of our website or participation in our research program after any change constitutes your acceptance of the updated Terms. Where changes are material, we will provide reasonable notice to current participants.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of Western Australia, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia.
We aim to resolve any disputes promptly and fairly. If you have a concern, please contact us at info@heravita.com.au in the first instance and we will endeavour to resolve the matter within 14 days.
12. Contact
Bubbaroo Pty Ltd trading as HeraVita
Email: info@heravita.com.au
Website: www.heravita.com.au