BY USING FEMPIRE ACADEMY’S MEMBERSHIP WEBSITE, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.
The terms “we,” “us,” “our” and “FGPL” refers to Fempire Group Pty Ltd (ABN 56 138 064 954 T/Fempire Group Pty Ltd and Marnie LeFevre).The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of this website (“Website”).
We reserve the right to change or add content to this Website, including the Terms, without notice and at any time. We are not liable to you or anyone else if errors occur in the information or that information is not up-to-date.
USE OF THE WEBSITE
To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website By accepting these Terms you acknowledge that you are over the age of 18 years.
The Website is a membership site for online training, courses, resources and other content relating to planning, creating, marketing and growing a business (the “Service”).
The Service is in the nature of education. The scope of services provided by FGPL are limited to those listed on the Website. FGPL reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
Information provided on the Website and in the Service related to membership sites and other information are subject to change. FGPL makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. FGPL disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION AND USE
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to FGPL will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
We may refuse your registration where we consider your suggested user name or password to be inappropriate. Grounds for refusal may include (but are not limited to) offensive content, obscenity, abuse, defamatory content, contempt, incitement, copyright infringement, brand names or registered trademarks, company or organisation names, names of high-profile or public figures or names promoting political, religious, social or economic groups or issues. We reserve the right to refuse suggested usernames in our sole discretion and we do not have to provide any reasons for such refusal.
You agree not to assign, transfer or sublicense your rights as a user of the Website. You further agree not to register more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
You agree to keep your user details confidential. You understand and agree that you are fully responsible for all actions and submissions made from your account. If you become aware of any unauthorised use of your account, you must notify us immediately.
You may use the Website and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious material or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to provide a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Website or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
PLACING YOUR ORDER
You may place your order by clicking the “Join” button alongside the Service of your choosing on this Website.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We will provide you access to the purchased Service upon receipt of payment. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (eg web hosting, membership site plugins, etc.).
We reserve the right to refuse service, remove or edit content, or cancel orders at our sole discretion.
DURATION OF AGREEMENT
FGPL reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
If for any reason, FGPL should dissolve or cease to exist, then your access to the Service terminates.
CANCELLATIONS, REFUNDS & RETURNS
You may cancel a monthly subscription at any time, but no refunds will be made for any membership fees already paid (unless you apply for a refund within the first 30 days of your membership). Once you cancel, you will no longer have access to the Service, including all content and community resources, after your current membership period is completed.
We will endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Website is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE WEBSITE
You shall not upload, post or otherwise make available on the Website any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Website, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, FGPL may provide access to a community or social media platforms in conjunction with the Service. FGPL is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and FGPL may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. FGPL will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. FGPL is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the FGPL’s brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to FGPL. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Website or Service. Content you submit to FGPL remains yours to the extent that you have any legal claims therein. You agree to hold FGPL harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Website, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by FGPL for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
OUR INTELLECTUAL PROPERTY
The Website and Service contain intellectual property owned by FGPL, including trademarks, copyrights, proprietary information, and other intellectual property. FGPL’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including FGPL’s copyrighted materials shall remain the sole property of the FGPL. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website or Service content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Website or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you violate or attempt to violate this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Website. Any use of the Website or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Website and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Website and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY, DISCLAIMERS AND INDEMNITY
Subject to the rights you may have under the Competition and Consumer Act 2010 (Cth) (as amended) or other applicable legislation (“Applicable Legislation”), if any:
- content and materials on this Website are provided “as is” and, to the extent permitted by law, without warranties of any kind, either express or implied.
- we disclaim all warranties, express or implied, including but not limited to implied warranties of acceptable quality and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement of intellectual property rights;
- we do not warrant that the Website is secure, free from viruses, bugs, worms, interpretation, errors, theft or destruction or that the Website will meet your requirements. We are not responsible for any damage to your computer system which arises in connection with your use of our Website or any linked website;
- content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content or material;
- you expressly understand that FGPL and its affiliates will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from:
- the use or inability to use this Website;
- the use of any material on this Website or any websites linked to this Website;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on this Website; or
- any other matter relating to this Website;
- if any term, condition or warranty is implied into these Terms and we are able to limit your remedy for a breach of such a term, condition or warranty, then our liability for breach of the term, condition or warranty is limited to one or more of the following at our option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
- subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms or the Website, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or any other basis, is limited to the amount paid by you to us as a result of the Service or product.
- by accessing our Website, you agree to indemnify, hold harmless and, at FGPL’s option, defend FGPL and its affiliates, and their officers, directors, employees, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers’ fees and expenses) arising from or in connection with your use of our Website.
THIRD PARTY RESOURCES
The Website and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with FGPL. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Website or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and FGPL pertaining to the Website and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms by FGPL shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by FGPL.
FGPL will not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of FGPL and FGPL will be entitled to a reasonable extension of time for the performance of such obligations.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Fempire Group Pty Ltd
Suite 7, 300 Rokeby Road
Subiaco WA 6008 AUSTRALIA
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
If any part of these Terms are found to be void, unlawful or unreasonable then that part will be deemed to be severable from the balance of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
These Terms will be governed and interpreted in accordance with the laws of Western Australia.
You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of these Terms.