Terms and Conditions
This English version is provided for information only. In case of any discrepancy, the Portuguese version prevails.
SCOPE, PURPOSE AND GENERAL CONDITIONS
1. These "Terms and Conditions" govern: (i) the services sold and/or provided by Mind & Body Fitness, Lda., owner of the brand "BloomFit | Treinar pela Saúde", through the commercial platform "BloomFit | Treinar pela Saúde" with the website "https://www.bloomfit.pt" (hereinafter "BloomFit" or "Website"), to Clients, users or visitors of the Website and subscribers of any service sold and/or provided through the Website (hereinafter, Clients, users or visitors of the Website are referred to as "Clients" and the services sold and/or provided through the Website as "Services"); and (ii) the rights and obligations of Clients, of the owners of the brand and commercial platform "BloomFit | Treinar pela Saúde", and of its employees and/or partners. These Terms and Conditions also apply to the BloomFit Online Programme and to the use of the RegyBox (Regyfit) app to access the Services.
2. Careful reading and full, unreserved acceptance of these Terms and Conditions and of the Privacy Policy are required in order to use the Website and subscribe to any Service. In such cases, the Client is always deemed to be fully aware of these terms, to accept them freely and in an informed way, and to want and agree to their application to the contractual relationship with "BloomFit | Treinar pela Saúde". The terms and criteria applied to the collection and processing of the Client's personal data are further set out in the Privacy Policy.
3. By accessing and using the Website, subscribing to any Service and/or interacting with any feature of the Website, including subscribing to free services such as newsletters, you agree in full, as a Client, to these Terms and Conditions and to the Privacy Policy.
4. The Website is owned by "BloomFit | Treinar pela Saúde", and any communication or request relating to it, submitted or to be submitted by the Client, must be sent to the email address "bloomfit.geral@gmail.com", which belongs to "BloomFit | Treinar pela Saúde".
5. "BloomFit | Treinar pela Saúde" reserves the right to review, update, change, add to, develop and/or remove, at any time, any service provided and/or sold through the Website, as well as any of its features. Any such review, update, change, addition and/or development of features or Services is governed by these Terms and Conditions or by the updated version of them, if one has been written, published and made available on the Website at that time. "BloomFit | Treinar pela Saúde" also reserves the right to review, update, change, add to, develop and/or remove, at any time, the Terms and Conditions and the Privacy Policy, notifying the Client of any such review, change, addition and/or development within 7 (seven) days. Using the Website after changes to the Terms and Conditions or the Privacy Policy have been published means the Client fully accepts them. The Client is responsible for (i) checking and fully understanding the content of the Terms and Conditions and (ii) assessing whether those provisions match their own wish to contract with "BloomFit | Treinar pela Saúde". If the Client does not accept the new wording of the Standard Terms Contract, they must immediately stop using the Website and all its features, including any Service provided.
6. The Client may, under the agreed contractual terms, benefit from the Services subscribed to through the Website. Agreement to the specific Terms and Conditions of any Service advertised and/or sold through the Website is required for the contract between "BloomFit | Treinar pela Saúde" and the Client to be concluded. The contract is only deemed concluded when "BloomFit | Treinar pela Saúde" sends the Client an email confirming acceptance of the subscription or purchase request submitted by the Client through the Website. A Client who, under the law, has the right of withdrawal must exercise it within 14 (fourteen) days of the conclusion of the contract, by an express statement to that effect (e.g. "I wish to withdraw from the contract concluded on [day] [month] [year] for the amount of [price paid for the Service], relating to the receipt/invoice attached to this email") sent to "bloomfit.geral@gmail.com". In such cases, the contract will be terminated and, unless otherwise expressly agreed by the parties, the amount paid will be refunded to the Client using the same payment method used for the subscription or purchase, within 14 (fourteen) days of receipt of the Client's communication validly exercising the right of withdrawal.
7. Services subscribed to through the Website that are not supplied on a tangible medium and consist of the supply of digital content — which may be sold individually or as time-limited access, with or without automatic renewal of the service and its payment — are made available immediately and continuously, with performance beginning, with the Client's prior express consent, as soon as payment is processed. The regime set out in the previous paragraph (paragraph 6 of section A) does not apply to such services, unless, for any reason, the Parties agree that the Services will only begin after 14 (fourteen) days from the conclusion of the contract.
8. Under Article 17(1)(l) of Decree-Law no. 24/2014 of 14 February, as currently in force, the Services referred to in the first part of the previous paragraph (paragraph 7 of section A) allow the parties to agree that their sale is subject to an exception to the right of withdrawal provided for in Article 10 of that Decree-Law. By contracting with "BloomFit | Treinar pela Saúde", the Client expressly accepts, acknowledges and consents that: (i) performance of the Contract begins as soon as payment is processed; (ii) the above terms and the purchase of the Services mean losing the right of withdrawal for any Service purchased on these terms (i.e. a Service made available immediately and continuously after purchase/subscription, with performance beginning, with the Client's prior express consent, as soon as payment is processed).
9. "BloomFit | Treinar pela Saúde" expressly reserves the right to immediately suspend the services agreed with the Client if the Client fails to meet their obligations under these Terms and Conditions and the Privacy Policy. Where the breach of contract results from the Client's acts or conduct, the Client acknowledges that they will not be entitled to any full or proportional refund of the amount agreed and actually paid.
10. Where renewal of a subscription to Services subscribed to through the Website has been agreed, the renewal will be for the same period as the original subscription – i.e. if the original subscription was for 4 weeks (28 days), each renewal will also last 4 weeks (28 days). The Client hereby expressly authorises "BloomFit | Treinar pela Saúde" to charge for such renewal based on the price and contractual period originally agreed, with the same amount being due as paid by the Client at the time of the original subscription, unless either Party objects to the renewal of the Service at least 30 (thirty) days in advance. If the Client objects, notice must be sent to "bloomfit.geral@gmail.com"; if "BloomFit | Treinar pela Saúde" objects, notice must be sent to the Client's email address as provided at registration on the Website, at the time of the original subscription, or as later changed by the Client in their "personal account" on the Website.
11. "BloomFit | Treinar pela Saúde" may offer the Client, through the Website, the option to book online nutrition consultations provided by partner entities of "BloomFit | Treinar pela Saúde", which act with full technical and legal autonomy and independence. In this case, "BloomFit | Treinar pela Saúde" acts merely as a commercial agent for those entities and cannot, in this context and for this type of service, be held liable for any acts and/or conduct of those entities, of whatever nature.
12. The Client acknowledges the right of "BloomFit | Treinar pela Saúde" to place advertising and use advertising space on the Website, considering that this in no way hinders or compromises the proper sale and/or provision of the services advertised or made available through the Website, nor infringes any rights or frustrates any expectations of the Client or third parties.
13. Where the Client has given clear consent to that effect, the Client acknowledges the right of "BloomFit | Treinar pela Saúde" to compile and send them communications in the form of newsletters or announcements of new services sold by "BloomFit | Treinar pela Saúde" or by third parties, in any form or by any means, in line with the Privacy Policy.
CLIENT'S RIGHTS AND OBLIGATIONS
1. The Client has the right, under the agreed contractual terms, to benefit from the Services subscribed to and sold through the Website.
2. The Client's obligations are:
- (i) The Client must respect the Website's operating rules and comply with the terms applicable to the Services subscribed to and sold through the Website;
- (ii) The Client must meet the obligations arising from subscribing to or purchasing any Service through the Website, in particular by paying the price due for such Services and attending all appointments scheduled with "BloomFit | Treinar pela Saúde" regularly;
- (iii) All personal data and any other information the Client provides to "BloomFit | Treinar pela Saúde" must be true, accurate and up to date, so that "BloomFit | Treinar pela Saúde" can provide the contracted Services properly and adapted to the Client's situation, in line with the rules set out in the Privacy Policy. "BloomFit | Treinar pela Saúde" can never be held liable for any personal or financial damage to the Client or third parties resulting from actions taken or planned on the basis of information provided by the Client that is false, out of date or inaccurate. The Client is responsible for informing "BloomFit | Treinar pela Saúde" of any change or update to such information;
- (iv) By accessing, using or downloading content and/or any other information from the Website, the Client confirms that they have the legal capacity to contract with "BloomFit | Treinar pela Saúde". Only Clients aged 18 (eighteen) or over, or legally emancipated, are accepted. Anyone who is not of age or emancipated may not register on the Website or benefit from the Services subscribed to or sold through it;
- (v) By accessing and/or using the Website and/or any of its features, the Client acknowledges that using the Website for purposes other than those for which it is intended is expressly prohibited, including any unlawful purposes and any others that may be considered harmful to the image of "BloomFit | Treinar pela Saúde", its employees, collaborators, partners, other Clients of "BloomFit | Treinar pela Saúde", or third parties;
- (vi) By accessing and/or using the Website and/or any of its features, the Client guarantees that they will use the Website: (i) personally, without passing their access on to third parties; (ii) exclusively as a Client; and (iii) through the usual methods of access and use. Using any means other than the frontend pages, as made available to the general public, is expressly prohibited. Using automated access mechanisms such as scripts, web crawlers or any other similar tools capable of putting the Website to a use other than that permitted by "BloomFit | Treinar pela Saúde", as set out above, is expressly prohibited;
- (vii) The Client, or any third party associated with the Client, acting on their behalf or following their instructions, guidance or suggestions, is expressly prohibited from placing or using on the Website, or on any other system capable of affecting any of its features, any computer program or code, including, without limitation, viruses and any other type of malware;
- (viii) Making available or sharing the content provided on or through the Website is expressly prohibited, unless expressly authorised in writing by "BloomFit | Treinar pela Saúde";
- (ix) When duly authorised in writing by "BloomFit | Treinar pela Saúde", sending, publishing, making available or displaying Website content requires the Client to follow the most appropriate and rigorous practices and precautions: not harming the image rights of "BloomFit | Treinar pela Saúde", its employees, collaborators, partners, other Website Clients or third parties; not infringing any rights over the content; not altering or distorting the content; and not providing information or making recommendations that could confuse, mislead or deceive Clients or third parties.
3. Without prejudice to paragraph 1 (one) of this section, the Client has the right to cancel bookings for Services consisting of personal training sessions, held in person or online, provided they notify "BloomFit | Treinar pela Saúde" at "bloomfit.geral@gmail.com" at least 24 (twenty-four) hours in advance. If the Client fails to give such notice, or to give it within the required period, the booked Service can only be cancelled at the Client's expense, which means that: (i) it will not be rescheduled by "BloomFit | Treinar pela Saúde"; (ii) the Client has no right to reschedule another Service to replace the cancelled one; and (iii) the Client has no right to any refund or compensation of any kind from "BloomFit | Treinar pela Saúde".
4. Without prejudice to paragraph 1 (one) of this section, "BloomFit | Treinar pela Saúde" reserves the right to provide the booked Services according to the scheduled times. If the Client arrives late for a scheduled appointment, no extra time will be given, which means that: (i) the Service will not be rescheduled or made up, in whole or in part, by "BloomFit | Treinar pela Saúde", and the agreed end time will be kept; (ii) the Client has no right to reschedule, in whole or in part, another Service to replace the one that ended at the scheduled time; and (iii) the Client has no right to any compensation, refund or damages of any kind from "BloomFit | Treinar pela Saúde".
WEBSITE ACCESS AND CLIENT ACCOUNT
1. To benefit from the Services subscribed to, sold or made available through the Website, the Client must register by creating a "Client Account", which requires them to fill in and provide a necessary and limited set of personal data. These data will be collected, used and stored in accordance with these Terms and Conditions and the Privacy Policy.
2. The Client is responsible for keeping their password confidential. If they detect any unlawful use of their "Client Account" contrary to these Terms and Conditions or the Privacy Policy, they must notify "BloomFit | Treinar pela Saúde" immediately. However, where the unlawful use of the "Client Account" or password by a third party can be attributed to the Client, they may be held liable by "BloomFit | Treinar pela Saúde" or by third parties whose rights have been harmed.
3. The Client is solely liable for any direct losses and/or loss of profits caused by their conduct when using the Website and/or benefiting from the Services provided by "BloomFit | Treinar pela Saúde" or its partners, including cases of unauthorised disclosure or sharing of content made available on or through the Website.
4. While using the Website, the Client must not provide information or content that: (i) goes against the purpose for which it is collected; (ii) may upset, offend or defame third parties; (iii) constitutes threats or any other civil or criminal offence; (iv) is obscene, erotic, pornographic, inappropriate or otherwise objectionable.
5. "BloomFit | Treinar pela Saúde" may cancel the "Client Account" without prior notice to the Client if there is a breach of these Terms and Conditions that "BloomFit | Treinar pela Saúde" considers serious and that makes it impossible to continue the contractual relationship, such as, without limitation: (i) failure to pay on time any amount owed by the Client to "BloomFit | Treinar pela Saúde"; (ii) making available, through the Client's account, content that is unlawful, offensive, threatening, defamatory, pornographic, obscene, objectionable or that infringes the intellectual property rights of "BloomFit | Treinar pela Saúde" or third parties; (iii) a breach of trust between the Client and "BloomFit | Treinar pela Saúde", its employees, collaborators, partners or other Website Clients; or (iv) withdrawal of any consent necessary for the provision of the Services.
6. The Client accepts and understands that "BloomFit | Treinar pela Saúde" may, at its own discretion, disable, deactivate or cancel the Client's access to their "Client Account" and to the Website in order to ensure the proper maintenance of the Website and the protection of and respect for the community of Clients.
INTELLECTUAL PROPERTY AND TRADEMARKS
1. All data, information and other content contained in or made available on the Website, to which the Client has access as part of the Services that may be subscribed to or sold through the Website, belong entirely to "BloomFit | Treinar pela Saúde" or to a third party that has validly given its consent. The Client acknowledges, accepts and agrees that "BloomFit | Treinar pela Saúde" or such third parties retain all intellectual property rights in all such data, information and other content, whether or not those rights are registered in any jurisdiction or geographical area.
2. Data, information and other content contained in or made available on the Website that do not belong to the Client may not be altered, updated, used or transmitted by the Client, for their own benefit or that of a third party, and no dealings of any kind are permitted in them or in any work derived from them.
3. Unless expressly authorised in writing by "BloomFit | Treinar pela Saúde" or by the relevant owner, the Client may not use any trademark (registered or not), trade name, logo or image, name, domain names or other distinctive trade signs belonging to "BloomFit | Treinar pela Saúde", its employees, collaborators or partners.
LIABILITY OF "BLOOMFIT | TREINAR PELA SAÚDE" AND DISCLAIMER OF WARRANTIES
1. The Services subscribed to or sold through the Website and provided by "BloomFit | Treinar pela Saúde" are obligations of means (as opposed to obligations of result). "BloomFit | Treinar pela Saúde" gives no warranty of any kind in respect of them and, in particular but without limitation, does not undertake or guarantee that using such Services: (i) will meet the Client's expectations or specific needs; or (ii) will at all times be free of technical or human error.
2. Information and recommendations from "BloomFit | Treinar pela Saúde" may not be interpreted as warranties or statements of warranty, quality or conformity of its Services.
3. "BloomFit | Treinar pela Saúde" may use apps, features or websites maintained and/or operated by third parties. The Client is responsible for consulting those entities' terms and conditions and privacy policies for such services or features, and must accept them before accessing, using and/or benefiting from those services.
4. The Client acknowledges and accepts that "BloomFit | Treinar pela Saúde" accepts no liability for information, content, materials, systems and features published or made available through third-party apps or websites, nor for the operation of such apps or websites.
5. The Client acknowledges and accepts that "BloomFit | Treinar pela Saúde" accepts no liability for any damage arising from the use of the Website and of the Services subscribed to, sold or made available through it, unless it is proven that such damage was caused intentionally or through gross negligence by Mind & Body Fitness, Lda. / BloomFit or its employees.
6. The workouts and content in the BloomFit Online Programme are general guidance. Clients should adapt them to their own pace, stop if they feel pain or discomfort and, if in doubt, consult their doctor.
GOVERNING LAW AND JURISDICTION, DISPUTE RESOLUTION, COMPLAINTS AND VALIDITY OF PROVISIONS
1. This Standard Terms Contract and the legal relationship between the Client and "BloomFit | Treinar pela Saúde" are governed by Portuguese law.
2. The Judicial Court of the District of Lisbon has jurisdiction to settle disputes, without prejudice to mandatory legal rules on jurisdiction applicable to consumer contracts.
3. "BloomFit | Treinar pela Saúde" has an internal procedure for handling and responding to Client complaints, which begins with a complete and detailed complaint describing the situation, sent to "bloomfit.geral@gmail.com". Once received, "BloomFit | Treinar pela Saúde" will review the complaint and, if it is justified, resolve it in due course in accordance with these Terms and Conditions and the Privacy Policy.
4. "BloomFit | Treinar pela Saúde" has an Electronic Complaints Book (Livro de Reclamações Eletrónico, available at https://www.livroreclamacoes.pt) for all Clients who wish to make a formal complaint about the Services subscribed to or sold through the Website and provided directly by "BloomFit | Treinar pela Saúde".
5. Alternative dispute resolution. In the event of a consumer dispute, the Client may use a Consumer Alternative Dispute Resolution entity under Law no. 144/2015 of 8 September, namely CNIACC — National Centre for Information and Arbitration of Consumer Disputes (www.cniacc.pt) or the Lisbon Consumer Dispute Arbitration Centre (www.centroarbitragemlisboa.pt). More information at www.consumidor.gov.pt.
6. If any provision of these Terms and Conditions or the Privacy Policy is found to be void or invalid, in whole or in part, this will not affect the validity of the remaining provisions, and the parties undertake to replace the void provision in accordance with the applicable law, as closely as possible to the spirit and logic of these Terms and Conditions and the Privacy Policy.
Last revised: 05/10/2026