Terms and Conditions

TERMS AND CONDITIONS 

SECTION 1 - OVERVIEW 

1.1 This website is operated and maintained by Female Fundamentals Pty Ltd (A.C.N 681  651 347) (Female Fundamentals). Throughout the website, the terms “we”, “us” and  “our” refer to Female Fundamentals.  

1.2 We reserve the right to remove any content from this website at any time, for any reason  including but not limited to, upon receipt of claims or allegations from third parties or  authorities relating to such content. 

1.3 The terms and conditions set out herein form the basis of a contract between you and  Female Fundamentals governing your access to, and use of, this website including all  information, tools and services available. 

1.4 By accessing or using any part of this website, and/ or purchasing a product or service  from us you agree to: 

(a) be bound by and abide by these terms and conditions (as amended from time to  time); 

(b) engage our “services” pursuant to these terms and conditions (“Terms of Service”),  including any additional terms and conditions and policies referenced herein and/or  available by hyperlink. These Terms of Service apply to all users of the site, including  without limitation users who are browsers, vendors, customers, merchants, and/ or  contributors of content. 

1.5 In addition to the terms contained in this document, there are also specific terms which  form part of the terms of use and govern your use of, and access to, certain sections of  this website. As you are also bound by these additional terms, we advise that you should  review them wherever they are accessible by you on the website.  

1.6 Any new features or tools which are added to the website, or the current store shall also  be subject to the Terms of Service. You can review the most current version of the Terms  of Service at any time on this page.  

1.7 We reserve the right from time to time to update, change or replace all or any part of the  Terms of Service without prior notice or consent. You are responsible for informing  yourself of any changes to the Terms of Service and any notices posted on the website.

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Your continued use of or access to the website following the posting of any changes  constitutes your acceptance of those changes. 

SECTION 2 - USE OF THE WEBSITE  

2.1 When you use this website, you must at all times, comply with these Terms of Service and  where applicable: 

(a) ensure that your contact and other details submitted to us or stored on the website are  current and accurate;  

(b) ensure that all information you submit, upload or provide, is true and correct and does  not infringe the rights (including intellectual property rights) of any other person;  

(c) ensure that the website is used for its intended purpose only and is not used for any  unlawful purpose; 

(d) ensure that the website is not used to violate the security of any computer network,  crack passwords or security encryption codes, transfer or store illegal material  including material that is deemed threatening or of an obscene nature or transmit any  worms or viruses or any code of a destructive nature;  

(e) ensure that the website is not used in a manner which could damage, impair or disable  our services or system; 

(f) comply with our policies or procedures regarding use of the website as amended from  time to time; 

(g) maintain and safeguard the privacy and security of all personal or confidential  information that you obtain access to in relation to the website (if applicable); 

(h) not record a telehealth video consultation without the written consent of everyone  involved in the consultation; 

(i) not use the website to send any unsolicited messages or post any inflammatory,  offensive defamatory, threatening, hateful, racist, abusive, obscene, fraudulent,  deceptive or otherwise unlawful information or material. 

2.2 You are liable for and must indemnify Female Fundamentals, (and its related bodies  corporate, directors, officers, shareholders, employees, agents and subsidiaries and  affiliates) against any claims, damages, losses costs (including legal costs on a full indemnity  basis) related to, in connection with or arising out of: 

(a) a breach of these Terms of Service (including a representation or warranty);

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(b) dishonest or fraudulent conduct of you or any person you have authorised to use this  website on your behalf; 

(c) a failure by you to comply with any applicable local, state, national and international  laws and regulations that relate to your use of this website including but not limited to  privacy laws and regulations relevant to your jurisdiction; 

(d) personal injury, death or loss of or damage to real or tangible personal property; 

(e) any claims, actions or proceedings commenced by a third party in any Court or  Tribunal and any investigations by a government body; and 

(f) a failure to comply with any privacy obligations under these Terms of Service, arising  out of your acts or omissions or the acts or omissions of any related parties. 

2.3 In accessing this website, you acknowledge and agree that: 

(a) you must report any misuse of this website that you become aware of;  

(b) you must not misuse the website by knowingly introducing viruses or other material which  is malicious or technologically harmful; 

(c) you must not attempt to gain unauthorised access to any server, computer or database  connected to our website;  

(d) you must comply with all applicable local, state, national and international laws and  regulations that relate to your use of or activities on this website in your local jurisdiction;  

(e) you must not engage or make attempts to engage in any kind of illegal, criminal or  tortious activity whatsoever through the use (whether direct or indirect) of the website or  third-party websites; 

(f) the internet is an insecure public network where there is a risk that your use of, and  interactions with, this website may be viewed, intercepted or modified by third parties and  that this website and any information on this website may contain Harmful Code and to  the extent permitted by law, Female Fundamentals does not guarantee that there will not  be, or accepts any liability for, any Harmful Code on the website or a breach of security  by a third party;  

(g) any fraudulent, abusive, or otherwise unlawful activity may be grounds for termination of  your access to the website.  

2.4 You acknowledge and agree that:

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(a) we may send you electronic communications relating to your use of the website or  other information that may be of interest to you, including health information and  information relating to our other products and services; 

(b) by registering to receive electronic communications from Female Fundamentals, you  consent to receive commercial electronic messages from us, and you are at liberty to  withdraw your consent at any time; 

(c) despite your consent to use electronic communications, Female Fundamentals reserve  the right to communicate with you, in person or by post if required to do so in  compliance with its legal obligations, or in circumstances where electronic  communication is impracticable, inadequate or inappropriate; 

(d) we may use cookies in relation to accessing and using this website. 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

3.1 You acknowledge and agree that we make no warranty of any kind whatsoever, as to the  accuracy, completeness or appropriateness of any information on the website. The material  on this website is provided for general information purposes only. The material herein is not  intended in any way to be a substitute for professional medical advice and should not be  relied upon or used as the sole basis for making decisions and any reliance on the material  on this website is at your own risk. 

3.2 While all reasonable steps have been taken to ensure the accuracy of the information  published on this website, due to the evolving nature of evidence-based research, this  website may contain information which may not necessarily be current and is provided for  your reference only. We reserve the right to modify the contents of this website at any time,  but we have no obligation to update any information on our site. You agree that it is your  responsibility to monitor changes to our website and Female Fundamentals accepts no  responsibility for the completeness or accuracy of any information whatsoever. 

3.3 Female Fundamentals reserves the right to withdraw or amend any service or information  provided on the website without notice and will not be liable if for any reason the website is  unavailable at any time or for any period. 

3.4 Female Fundamentals does not guarantee that any files displayed or obtained through this  website, or any site linked to this site are virus free or without any other defect. The user  assumes all responsibility for any loss or damage resulting from accessing those files.

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SECTION 4 – ONLINE STORE TERMS 

4.1 Our store is hosted by Kajabi.com, which provides us with an online e-commerce platform  that allows us to sell our products and services to you. 

4.2 By visiting and navigating through this website and agreeing to these Terms of Service, you  represent that you are at least the age of majority in your place of residence and are  authorised to access this website and make any purchases. 

4.3 You must not use any of our products purchased through this website for any illegal or  unauthorised purpose.  

4.4 You must indemnify and keep Female Fundamentals (and its related bodies corporate,  directors, officers, shareholders, employees, agents and subsidiaries and affiliates)  indemnified fully against any claims, damages, losses (including any indirect, incidental, or  consequential losses) or damages, costs (including legal costs on a full indemnity basis)  related to, in connection with or arising out of your unauthorised or illegal use of the products.  

SECTION 5 - WARRANTIES IN RELATION TO THE PRODUCTS  

5.1 We supply products and materials sourced from third-party manufacturers. Female  Fundamentals is not the manufacturer of the products and makes no independent warranties  regarding their quality, suitability, or fitness for a particular purpose. All manufacturer warranties  and specifications apply to the products, and any claims for defects must be directed to the  manufacturer. Female Fundamentals may, at its sole discretion, assist you in liaising with the  manufacturer, but assumes no liability for the resolution of such claims. 

5.2 Female Fundamentals’ liability in relation to the products, to the extent permitted by law, is  strictly limited to one of the following, at its discretion: 

(a) the replacement of defective products; 

(b) the repair of defective products; or 

(c) a refund of the price paid for the defective product, provided the defect is not due to  misuse, improper handling, or incorrect installation by you or any third party in  accordance with our Returns Policy. 

5.3 Nothing in these Terms of Service is intended to exclude, restrict or modify rights which you  may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which  may not be excluded, restricted or modified by agreement.

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SECTION 6 – MODIFICATIONS TO THEPROVISION OF SERVICES AND PRICES 

6.1 We reserve the right to alter the prices of our products and services without notice as price  variations may be necessitated due to changes in: 

(a) labour cost;  

(b) material costs; 

(c) inflation; or  

(d) other unforeseen factors.  

6.2 Payments may be made by bank transfer or credit card, and any applicable processing fees  shall be borne by you. Shipping, custom fees, delivery, and any third-party services will be  charged separately unless expressly included in the order notice and all third party service  fees are to be borne by you.  

6.3 All prices are exclusive of GST unless stated otherwise.  

6.4 Female Fundamentals shall not be liable to you or to any third-party for any:  (a) modification to any product or the provision of any service; 

(b) price change to any product or service; 

(c) suspension or discontinuance of any product or service.  

6.5 Female Fundamentals otherwise reserves the right at any time to modify or discontinue the  provision of any service (or any part or content thereof) or discontinue the sale of any product  without notice at any time. 

SECTION 7 – SUPPLY OF PRODUCTS OR SERVICES  

7.1 Certain products or services may be available exclusively online through the website. These  products or services may have limited quantities and are subject to return or exchange only  in accordance with our Returns Policy (see below). 

7.2 While every effort has been made to display as accurately as possible the colours and  images of our products that appear at the store, what you see will vary depending on your  monitor and computer equipment. We cannot guarantee that the product images are an  exact representation of the actual products. 

7.3 Female Fundamentals reserves the right, but is not obligated, to limit the sales of any  products or services to any person, geographic region or jurisdiction. We may exercise this 

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right on a case-by-case basis. We further reserve the right to limit the quantities of any  products or services that we offer. All descriptions of products or product pricing are subject  to change at any time without notice, at the sole discretion of Female Fundamentals. We  reserve the right to discontinue any product at any time.  

SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION 

8.1 Female Fundamentals reserves the right to refuse any order. We may, in our sole discretion,  limit or cancel quantities purchased per person, per household or per order. These  restrictions may include orders placed by or under the same customer account, the same  credit card, and/or orders that use the same billing and/or shipping address. In the event that  we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We  reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by  dealers, resellers or distributors. 

8.2 You agree to provide current, complete and accurate purchase and account information for  all purchases made at our store. You agree to promptly update your account and other  information, including your email address and credit card numbers and expiration dates, so  that we can complete your transactions and contact you as needed. 

8.3 You understand that some third parties, such as credit and debit card issuers, credit and  debit card networks and payment services providers, may have their own terms and  conditions for the payment or settlement methods you choose to use in connection with payment transactions on our website. Failure to abide by third-party terms and conditions  may result in fees assessed to you (for example, currency conversion fees from your credit  card issuer if the transaction currency is different from your credit card currency) or other  actions taken by such third parties, and you agree that Female Fundamentals has no control  over, or responsibility or liability for, such fees or actions. 

8.4 You are responsible for maintaining the confidentiality of your account and card information and Female Fundamentals shall not be liable for any transactions on your account or card.  

SECTION 9 – OPTIONAL TOOLS 

9.1 We may provide you with access to third-party tools which we neither monitor nor have any  control or input over.

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9.2 You acknowledge and agree that we provide access to such tools” as is” and “as available”  without any warranties, representations or conditions of any kind and without any  endorsement. We shall have no liability whatsoever arising from or relating to your use of  optional third-party tools. 

9.3 Any use by you of optional tools offered through the site is entirely at your own risk and  discretion and you should ensure that you are familiar with and approve of the terms on  which tools are provided by the relevant third-party provider(s). 

9.4 We may also, in the future, offer new services and/or features through the website (including,  the release of new tools and resources). Such new features and/or services shall also be  subject to these Terms of Service. 

SECTION 10 – THIRD-PARTY LINKS 

10.1 Certain content, products and services available through this website may include  materials from third parties. Links from this website to other sites beyond the control of  Female Fundamentals are provided for the convenience of the user only. Third party links on  this website may direct you to third-party sites that are not affiliated with us. The inclusion of  the third-party links on our website do not represent any official endorsement or approval of  any such website, product, organisation, or service. We are not responsible for the content or  privacy practices of any such website. 

10.2 It is your responsibility as the user to make your own decision regarding the accuracy,  currency, reliability and suitability of any third-party links.  

10.3 Female Fundamentals is not: 

(a) responsible for examining or evaluating the content or accuracy of third-party links; 

(b) responsible for any third-party materials or websites, or for any other materials, products,  or services of third-parties; and  

(c) liable for any harm or damages related to the purchase or use of goods, services,  resources, content, or any other transactions made in connection with any third-party  websites.  

10.4 It is your responsibility to review the policies/procedures and terms and conditions of use  of any third-party links prior to engaging in any transactions with them. Any complaints, 

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claims, concerns, or questions regarding third-party products should be directed to the third party only. 

SECTION 11 - INTELLECTUAL PROPERTY  

11.1 Female Fundamentals grants you a revocable licence to download, copy and print the  content on this website for your personal use only. To the extent permitted by law, you must  not: 

(a) otherwise download, modify, copy, reproduce, republish, upload, post, transmit, sub licence or disclose or distribute any part of this website except as otherwise expressly  stated on the website or with the prior written consent of Female Fundamentals; 

(b) tamper with any copyright notice, or tamper with or commercially use any trademark, logo  or names (including the name Female Fundamentals or any other business names and  domain names) appearing on the website; or 

(c) re-engineer, create derived works from, reverse engineer, disassemble, or decompile any  part of the website or any content thereof.  

11.2 Female Fundamentals reserves the right to access, maintain, delete or destroy all  communications or information uploaded or stored within the website at any time. 

11.3 You agree not to use any name, trade name, service marks, trademarks, trade dress or  logo of Female Fundamentals (or its related parties, suppliers or licensors) without the  express prior written consent of Female Fundamentals.  

SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

12.1 If, at our request, you send certain specific submissions (for example contest entries) or  without a request from us you send creative ideas, suggestions, comments, proposals, plans,  or other materials, whether online, by email, by postal mail, or otherwise (collectively,  ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish,  distribute, translate and otherwise use in any medium any comments that you forward to us.  We are otherwise under no obligation to: 

(a) maintain any comments in confidence;  

(b) pay compensation for any comments; or  

(c) to respond to any comments.

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12.2 You explicitly acknowledge that Female Fundamentals owns any content submitted by  you in accordance with this clause. 

12.3 Without limiting any other provision in these terms, Female Fundamentals disclaims all  liability, is not responsible for, and does not endorse any content submitted by any user on a  social media channel. In addition, any content submitted by Female Fundamentals or any of  its personnel is subject to any disclaimers in these terms and is not intended to be a  substitute for professional medical advice, diagnosis or treatment provided by an  appropriately qualified health care professional. 

12.4 Members of our programs who use our website and social media pages are requested to  refrain from using inflammatory or offensive language and are required to use language and  content as per these Terms of Service. Without limiting any other provision in these terms,  you must: 

(a) act responsibly and be respectful of other users; 

(b) not submit any content: 

(i) advertising or endorsing any products or services of any other organisation; (ii) that personally identifies any other person without their express consent; and (iii) that Female Fundamentals considers inappropriate. 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

13.1 This website (including any material on the website including third party links) is made  available to you on an "as is" and ‘as available’ basis and is made available to you at your  own risk. 

13.2 To the maximum extent permitted by law, Female Fundamentals makes no  representation whatsoever of any kind, provides no express warranty or guarantee, and  excludes all liability and any implied warranties (whether implied by statute or otherwise) in  connection with: 

(a) the provision and availability of the website or your use of the website or any other third party links (see also section 8 above);  

(b) the merchantability, merchantable quality, fitness for a particular purpose, durability, title,  and non-infringement of any product or service;

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(c) your use of our services and no warranties are made that your use of the website and the  functionality, features and performance of the website will be uninterrupted, timely, secure  or error-free and we reserve the right to withdraw, suspend or discontinue any  functionality or feature at any time; 

(d) the legality or suitability of the website or any services provided through it; 

(e) the security of the website or any linked website, or the safety of any file or software  associated with them (such as safety from any virus or defects including those which  could damage or interfere with your data, hardware or software); 

(f) the website being provided error-free or without interruption (including without limitation  the availability of internet connections or other telecommunications systems); or 

(g) the accessibility, accuracy, quality, currency or reliability of the website or any linked  website, or any information, products or services promoted or accessed via the website  or any linked website. 

13.3 Despite any provision in these Terms of Service to the contrary, Female Fundamentals  (and its related bodies corporate, directors, officers, shareholders, employees, agents and  subsidiaries and affiliates) shall not be liable for any consequential, special, incidental,  indirect or punitive losses, costs, expenses or damages of any kind, including, without  limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any  similar damages whether in contract, tort or otherwise (including negligence) strict liability or  otherwise arising out of or in connection with: 

(a) the website or the performance or non-performance of Female Fundamentals obligations  under these Terms of Service; 

(b) your use of any of the service or any products procured using the service; or for  

(c) any other claim related in any way to your use of the service or any product, including,  but not limited to, any errors or omissions in any content, or any loss or damage of any  kind incurred as a result of the use of the service, or any content (or product) posted,  transmitted, or otherwise made available via the service, even if advised of their  possibility.  

13.4 As some states or jurisdictions do not allow the exclusion or the limitation of liability for  consequential or incidental damages, in such states or jurisdictions, our liability shall be  limited to the maximum extent permitted by law.

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13.5 To the extent permitted by law, in the event of any problem with the website, any  goods/products or services provided in connection with the website or any dealings between  you and Female Fundamentals or any other user of the website, you agree that: 

(a) your sole remedy is to cease using the website or any information, materials,  goods/products or services provided to, or accessed by, you in connection with the  website; 

(b) you release Female Fundamentals (and its related bodies corporate, directors, officers,  shareholders, employees, agents and subsidiaries and affiliates) and agree to hold  Female Fundamentals harmless from any and all claims, demands, and damages of  

every kind and nature (including, without limitation, actual, special, incidental and  consequential), known and unknown, suspected and unsuspected, disclosed and  undisclosed, arising out of or in any way connected with your use of the website; and 

(c) you waive the provisions of any law limiting or prohibiting a limitation and release as set  out in this clause. 

13.6 Any clinical information/material available on this website is intended to provide guidance  only and should be viewed as general information only. While Female Fundamentals has  used reasonable endeavours to ensure the quality of the information, please note that: 

(a) the information is provided on an "as is" basis and Female Fundamentals does not  warrant that it is accurate, complete, reliable, current, of a particular quality or suitable for  your particular circumstances; 

(b) the information is not intended to be and should not be a substitute for professional  medical advice, diagnosis or treatment and you are encouraged to consult a medical  professional and obtain appropriate medical advice suited to your individual needs; 

(c) to the extent permitted by law, Female Fundamentals accepts no responsibility and  disclaims all liability in relation to use of any clinical information or material made  available through this website; and  

(d) any information provided or made available by third parties should not be taken to reflect  the policies, procedures, standard or guidelines of Female Fundamentals; 

(e) for practitioners outside Female Fundamentals, any material on this website is made  available in good faith and is intended to be of a general nature only and practitioners  should be guided by published medical evidence in providing any services.  

13.7 Female Fundamentals makes no representations or warranties regarding any benefits,  compensation or reimbursements which you may be entitled to in relation to utilisation of this 

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website and any goods or services provided in connection with, or referred to in, this website  (including without limitation any private health insurance or Medicare benefits you may be  entitled to). You should seek independent advice regarding any benefits or entitlements you  may be entitled to.  

SECTION 14 – INDEMNIITY 

14.1 You agree to fully indemnify, defend and hold harmless Female Fundamentals (and its  related bodies corporate, directors, officers, shareholders, employees, interns, licensors,  contractors, agents and subsidiaries and affiliates) against any claims, damages, losses  (including any indirect, incidental, or consequential losses) or damages, costs (including legal  costs on a full indemnity basis) related to, in connection with or arising out of your breach of  these Terms of Service or the documents they incorporate by reference, or your violation of  any law or the rights of a third-party. 

SECTION 15 – SEVERABILITY 

15.1 In the event that any provision of these Terms of Service is determined to be unlawful,  void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent  permitted by applicable law, and the unenforceable portion shall be deemed to be severed  from these Terms of Service, such determination shall not affect the validity and enforceability  of any other remaining provisions. 

SECTION 16 – TERMINATION 

16.1 These Terms of Service are effective unless and until terminated by either you or us. You  may terminate these Terms of Service at any time by notifying us that you no longer wish to  use our services, or when you cease using our website. 

16.2 If in our sole judgment you fail, or we suspect that you have failed, to comply with any  term or provision of these Terms of Service, we also may terminate this agreement at any  time without notice and you will remain liable for all amounts due up to and including the date  of termination; and/or accordingly may deny you access to our Services (or any part  thereof). 

16.3 All rights and obligations under:

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(a) any provision regarding privacy, confidentiality, intellectual property, waivers,  indemnities, representations and warranties; 

(b) accrued rights or obligations existing at the time of termination or expiry; and (c) any indemnities and any representations and warranties; 

survive termination or expiry. 

SECTION 17 – CANCELLATION, RESCHEDULING & PRACTITIONER CHANGES

17.1 This Cancellation, Rescheduling & Practitioner Change Policy applies to all appointments, consultations, programs and services provided by Female Fundamentals, unless otherwise stated at the time of purchase.

17.2 Appointments & Consultations – Cancellation and Rescheduling
(a) Appointments may be cancelled or rescheduled up to one (1) hour prior to the scheduled appointment time.

(b) A first cancellation, no-show, or rescheduling request made within one (1) hour of the appointment time will be permitted as a one-time grace period, allowing the appointment to be rescheduled without forfeiture of the appointment fee.

(c) Any subsequent cancellation, no-show, or rescheduling request made within one (1) hour of the appointment time, or failure to attend a scheduled appointment, will result in the forfeiture of the appointment, and no refund, credit or reschedule will be provided, except where required under Australian Consumer Law.

(d) For the purposes of this section, a “No-Show” occurs where a client fails to attend or fails to make contact within the first ten (10) minutes of the scheduled appointment start time, including where the client does not log into a telehealth appointment or does not attend an in-person appointment within that timeframe.

(e) Where a client arrives ten (10) minutes or more after the scheduled appointment start time, and the appointment cannot reasonably proceed for its intended duration or clinical purpose, Female Fundamentals reserves the right, at its sole discretion, to treat the appointment as a No-Show.

17.3 Programs
(a) Where a program includes scheduled appointments, consultations or sessions, this policy applies to each scheduled appointment or session forming part of the program.
(b) Non-attendance, late cancellation or rescheduling outside the permitted timeframe does not entitle you to a refund, credit or replacement session, except where required under Australian Consumer Law.

17.4 Change of Practitioner
(a) You have the right to request a change of practitioner at any time.
(b) All requests to change practitioners must be made in writing to [email protected].
(c) Practitioner change requests are subject to practitioner availability and operational requirements and do not affect the application of this Cancellation & Rescheduling Policy.

17.5 Changes by Female Fundamentals
(a) Female Fundamentals reserves the right to reschedule or cancel an appointment, session or program due to unforeseen circumstances.
(b) Where this occurs, you will be offered a reschedule or alternative arrangement, or a refund where required under Australian Consumer Law.

17.6 Australian Consumer Law
Nothing in this section is intended to exclude, restrict or modify any rights you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

SECTION 18 – RETURNS, REFUND & GUARANTEE 

18.1 Online Programs: all sales are final, and no refunds will be given unless it is pursuant to  our Terms of Service (namely clause 5.2) and if required under the consumer guarantees as  contained within the Australian Consumer Law (Schedule 2, Competition and Consumer Act  2010 (Cth)), where applicable.  

18.2 In-house Programs: all sales are final, and no refunds will be given unless it is pursuant  to our Terms of Service (namely clause 5.2) and if required under the consumer guarantees  as contained within the Australian Consumer Law (Schedule 2, Competition and Consumer  Act 2010 (Cth)), where applicable. 

18.3 In relation to programs for practitioners available on the website, our guarantee is for the  period stated at the time of purchase. Refunds may be granted should the participant show  proof of completing all modules and tasks requested during the course of the program. We  believe that you get out what you put in. These programs are not for people wanting to sit on  the side lines and still expect to see results.  

18.4 We also want happy clients. If you have given the program every effort to succeed, you  have completed all work required and you wish to receive a refund, send through your  module work to [email protected]. Should all documentation be present,  we may, at our sole discretion issue a refund.  

18.5 You will have access to the online programs for the period noted on the website. All descriptions of products, product pricing and services available through the website are  subject to change at any time without notice, at the sole discretion of Female Fundamentals.  We reserve the right to discontinue any product at any time.  

18.6 Gift Certificates: all sales are final. Certificates are valid for a period of three (3) years  from the date of purchase. 

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SECTION 19 - ENTIRE AGREEMENT 

19.1 These Terms of Service (including any amendments from time to time) set out the entire  agreement between the parties and supersedes all previous and contemporaneous  agreements, understandings and arrangements with respect to their subject matter. 

19.2 The failure or delay by Female Fundamentals to exercise or enforce any right, remedy or  provision under these Terms of Service will not operate as a waiver of such right or remedy in  the future or any other right or remedy. No waiver of any default, condition or breach of these  Terms of Service shall be deemed to imply or constitute a waiver of any other default,  condition or breach of these Terms of Service, whether of a similar nature or otherwise. 

19.3 These Terms of Service and any policies or operating rules posted by us on this site or in  respect to our services constitutes the entire agreement and understanding between you and  us and govern your use of the website, superseding any prior or contemporaneous  agreements, communications and proposals, whether oral or written, between you and us  (including, but not limited to, any prior versions of the Terms of Service). 

19.4 Any ambiguities in the interpretation of these Terms of Service shall not be construed  against the drafting party. 

SECTION 20 – GOVERNING LAW 

20.1 These Terms of Service are governed by the laws in force in the State of Victoria,  Australia. By visiting and using the website you unconditionally submit to the jurisdiction of  the courts of that state and all courts with jurisdiction to hear appeals from those courts. 

SECTION 21 – CHANGES TO TERMS OF SERVICE 

21.1 You can review the most current version of the Terms of Service at any time at this page. 

21.2 We reserve the right, at our sole discretion, to update, change or replace any part of  these Terms of Service by posting updates and changes to our website. It is your  responsibility to check our website periodically for changes. Your continued use of or access  to our website or services following the posting of any changes to these Terms of Service  constitutes acceptance of those changes 

SECTION 22 – CONTACT INFORMATION

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22.1 Questions about the Terms of Service should be directed  

to [email protected] 

SECTION 23 – ACKNOWLEDGEMENT 

23.1 By accessing or using our website or any part of it you acknowledge that you understand  and accept the nature of the transaction with us that you are entering into, and you agree to  be bound by our Terms of Service. 

SECTION 24 – CONFIDENTIALITY  

24.1 By using this website, you agree: 

(a) to maintain any information that is confidential or proprietary in nature; and 

(b) not to disclose, use, transmit, inform or make available to any person any of that  information except as necessary to perform your obligations or exercise your rights under  these Terms of Service. 

24.2 This clause does not apply to any confidential information which you can demonstrate: (a) is or becomes known to the public through no breach of these Terms of Service; 

(b) was previously known by you, or subsequently provided to you, without any obligation to  hold it in confidence; 

(c) is independently developed by you without the use of confidential information; or 

(d) is approved for release by written authorisation of Female Fundamentals, but only to the  extent of such authorisation.