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. 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;

(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);

(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;

(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:

(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.

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.

SECTION 6 – MODIFICATIONS TO THE PROVISION 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;

(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;

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 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.

79.2 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, 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:

11.2 (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.

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

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;

10(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:

13.4 (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. 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.

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

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 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:

(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

SECTION 17 – RETURNS, REFUND & GUARANTEE

17.1 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.

17.2 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.

17.3 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.

17.4 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.

17.5 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.

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

SECTION 18 - ENTIRE AGREEMENT

18.1 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.

18.2 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.

18.3 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).

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

SECTION 19 – GOVERNING LAW

19.1 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 20 – CHANGES TO TERMS OF SERVICE

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

20.2 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 21 – CONTACT INFORMATION

1521.1 Questions about the Terms of Service should be directed to [email protected]

SECTION 22 – ACKNOWLEDGEMENT

22.1 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 23 – CONFIDENTIALITY

23.1 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.

23.2 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;

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

Terms and Conditions

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