Membership Terms & Conditions

Updated 24 October, 2021

1. Terms of Participation

Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Feminine & Fierce Pty Ltd. (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.

2. Membership / Service

Feminine & Fierce Pty Ltd. (herein referred to as “Feminine & Fierce Pty Ltd. ” or “Company”) agrees to provide Membership, “Feminine & Fierce Academy” (herein referred to as “Membership”) identified in online commerce shopping cart. As a condition of participating in the Membership, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Membership, the Company shall provide the following to Client:

A Password Protected Membership Site Area: The Company shall maintain a Membership Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Membership Area for as long as the Membership Area exists. In the event that Company intends to close the Membership Area, it shall provide clients with a 30 day notice and the ability to download the resources contained in the Membership Area, which is what is referred to as “Lifetime Access” in our marketing materials.

Membership Participant Private Forum: The Company shall create and maintain a closed forum for students of the Membership. This is both a community run group, meaning that students are encouraged to help each other as well as The Company employs a Community Team, who is charged with overseeing the group and ensuring that it runs smoothly.

From time to time, the Company will offer bonuses to individuals who sign up for the Membership. You shall be entitled to any bonuses offered to you at the time of your enrolment. Bonuses are not guaranteed to be available for the entire lifespan of the Membership and they vary depending on specific live and automated promotions throughout the year.

3. Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Membership.

Client understands Sally Priest (herein referred to as “Consultant”) and Feminine & Fierce Pty Ltd., is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioural therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Membership. If the Parties wish to continue their relationship, they shall execute a separate agreement.

4. Fees

In consideration of Your access to the Membership, you agree to pay all fees either monthly or annually.

Once you purchase the Membership, the initial price You purchased at will remain the same even if the price increases after your initial purchase, unless You purchase during a promotional period. However, if You cancel Your subscription at any time and re-subscribe at a later date, Your new subscription will be purchased at the most current rate. In other words, Your initial purchase price will be grandfathered in as long as You do not cancel your subscription after Your initial purchase.

If You have signed up for a month-to-month subscription, the subscription renews automatically each month on the same day You originally signed up on and Your credit card, debit card or PayPal Account will be charged the fee stated at the time of purchase.

If You opt for monthly payments, you will remain responsible for those payments unless you are granted a cancellation according to the Program’s Cancellation Policy set forth below. In the event that any payment is not made, the Company shall immediately suspend Your access to the Program.

If You have signed up for an annual subscription, the subscription renews automatically at the end of twelve (12) months and Your credit card, debit card or PayPal Account will be charged the fee stated at the time of purchase. Your subscription will start as soon as Your credit card, debit card or PayPal Account is successfully charged.

5. Methods of Payment

If You elect for the payment plan, You hereby authorize the Company to charge your credit card, debit card or PayPal account automatically according to the terms set forth in the Fees section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.

If you do not request a refund within the terms of the program with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

6. Cancellation Policy

If you would like to cancel a monthly subscription, You may do so at any time. However, please note that in order to not get billed for next month You must cancel 7 business days before your next bill date. Once cancelled, You will no longer be charged going forward. Payments for the next billing cycle will not be refunded, so please make sure to cancel 7 business days prior to Your upcoming billing date.

We do not allow for refunds for monthly subscriptions.

If you would like to cancel an annual subscription, you may do so at any time. Please note, however, that you need to cancel at least 7 business days prior to your renewal date to prevent the next year’s subscription from being processed and billed.

We do not allow for refunds for annual subscriptions.

Upon cancellation of your subscription (whether month-to-month or annual), you will no longer have access to the members-only portal on the last day of the month in which your membership is active. 

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: support@feminineandfierce.academy

7. Confidentiality

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Membership, you hereby agree to respect the privacy of other Membership participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Membership participants outside of the bounds of the Membership unless you receive express written permission from such other participant to share the information. Similarly, the content of the Membership contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Membership with anyone other than the Company, its owners and employees, and other Program participants.

8. No Transfer Of Intellectual Property

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

9. Independent Contractor Status

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

10. Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

11. Severability / Waiver

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or un-enforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

12. Miscellaneous

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

13. Non-Disparagement

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

14. Assignment

Client may not assign this Agreement without express written consent of Company.

15. Modification

Company may modify terms of this agreement at any time. All modifications shall be posted on the Feminine & Fierce Pty Ltd's website and purchasers shall be notified.

16. Termination

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

17. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

18. Resolution of Disputes

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to the Sunshine Coast, Queensland, Australia.

19. Results Disclaimer

Every effort has been made to accurately represent this product and its potential.

This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.

The information, including but not limited to, text, graphics, video, images and other material, contained on this website is for educational purposes only. The content is not intended in any way as a substitute for professional medical advice, diagnosis or treatment. Regardless of your current state of health, always seek the advice of your physician or other qualified healthcare providers with any questions you may have regarding your current health condition, a medical condition or treatment, and before undertaking a new health care regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

20. Our Minimum Guarantees

Unless otherwise noted, all products come with a 14 day guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact support@feminineandfierce.life

21. Contact Us

Feminine & Fierce Pty Ltd. welcomes your questions or comments regarding the Membership Terms & Conditions:
 
Feminine & Fierce Pty Ltd.
PO Box 234
Moffat Beach, QLD, Australia 4551
 
Email Address: support@feminineandfierce.life
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