1. Supply of Professional Training Package
1.1. Supply of Services – You agree to accept and pay for, and the Fempire Group Pty Ltd agrees to provide, the Training Package, subject to these Terms and Conditions.
1.2. Restriction – Fempire Group Pty Ltd does not agree to provide the Training Package to any person who is not resident in Australia OR New Zealand (or, if the client is a corporation, incorporated and carrying on business in Australia OR New Zealand).
2.1. Confirmation – The provision of a Training Package is subject to the Fempire Group Pty Ltd accepting your Registration and issuing you a Confirmation.
2.2. Cooling Off/Cancellation – You may cancel the Training Package within 3 days of the issue of the Confirmation by sending an email to Fempire Group Pty Ltd (at the address shown on the Confirmation) requesting cancellation. If Fempire Group Pty Ltd receives a cancellation request from you within the stated time, Fempire Group Pty Ltd will cancel the Training Package and refund the fees you have paid.
3. Fee and Payment
3.1. Timing – You must pay the Training Fee in full to Fempire Group Pty Ltd prior to commencement of the Training Package. If you fail to do so, Fempire Group Pty Ltd may without prejudice to any other remedy it may have, cancel the Training Session or terminate the Training Package with you.
3.2. GST – You acknowledge and agree that all Training Fees are expressed exclusive of GST unless otherwise stated. You must pay GST on any taxable supplies made by Fempire Group Pty Ltd to you.
4. Training Sessions
4.1. Conduct of Sessions – A Training Package entitles you to Training Sessions conducted via the Online Platform and in-person group training. If Fempire Group Pty Ltd is unable to provide a Training Session as a result of technical malfunction or server inactivity or any circumstance beyond its reasonable control including unavailability of the Online Platform, Fempire Group Pty Ltd will use reasonable endeavors to reschedule that Training Session but will not be liable if you cannot attend.
4.2. Attendance – If you fail to attend any Training Session, Fempire Group Pty Ltd will not refund you any portion of the Training Fee. You agree that the whole Training Fee is payable whether you attend and/or participate in the Training Session or not.
4.3. Attendees – If you are an incorporated entity (whether under the Corporations Act 2001 or otherwise), you may authorise only one person to attend a Training Session.
5.1. Suitability of Services – To the maximum extent permitted by Law, You acknowledge and agree that:
(i) Fempire Group Pty Ltd does not warrant or guarantee any outcomes, or the suitability of the Training Packages, for any purpose; and
(ii) Any advice or other information provided by Fempire Group Pty Ltd is not to be taken as legal, financial or insurance advice, and You will seek independent legal, financial or insurance advice from a suitability qualified advisor or institution before implementing or applying any of the advice or information provided by Fempire Group Pty Ltd; and
(iii) You release and indemnify Fempire Group Pty Ltd from and against any loss or damage arising as a result of your failure to obtain independent legal, financial or insurance advice in accordance with this clause; and
(iv) Fempire Group Pty Ltd will not provide you with any financial product advice or other information that would require Fempire Group Pty Ltd to hold an Australian Financial Services License and Fempire Group Pty Ltd is not required to hold an Australian Financial Services License to provide the Training Package.
5.2. Release – You acknowledge and agree that Fempire Group Pty Ltd is not liable for and You release Fempire Group Pty Ltd from any and all Claims including but not limited to:
(i) Any failure, error, omission or interruptions in the availability or quality of the internet, telecommunications systems or other technology during a Training Session; and
(ii) Any interference, loss or damage to any data, computer system, mobile device or any other property arising as a result of or in connection with the provision of the Training Package; and
(iii) Any reliance on any information, document, advice or other material(s) provided by Fempire Group Pty Ltd in connection with the Training Package or on its website.
5.3. Exclusion of Liability – To the maximum extent permitted by Law, You agree that Fempire Group Pty Ltd will not be liable for, and you waive any right to Claim against Fempire Group Pty Ltd for any loss of income, profit, production, contract and/or customers.
6. Australian Consumer Law
Nothing in these Terms and Conditions will be construed as excluding, restricting or modifying any Consumer Guarantee contained in the Australian Consumer Law. Fempire Group Pty Ltd’s liability to comply with the Australian Consumer Law is limited, at the sole discretion of Fempire Group Pty Ltd, to supplying the service again or payment of the costs of having the service supplied again.
7. Intellectual Property
7.1. You acknowledge and agree that Fempire Group Pty Ltd will retain ownership of all Intellectual Property created as a result of or in connection with the Training Package.
7.2. You agree not to copy, reproduce, publish or broadcast any of the material contained in the Training Sessions.
8.1. Collection – You give Fempire Group Pty Ltd permission to collect and store any personal information provided by You in connection with the Training Package.
8.2. Consent – You consent to Fempire Group Pty Ltd using your personal information for the purpose of providing information to You (including information about other services provided by Fempire Group Pty Ltd and third parties) which Fempire Group Pty Ltd believes may be of interest or useful or relevant to you or your business, subject to your right to opt out of such communications thereby withdrawing your consent;
8.4 Fempire Group Pty Ltd will not use or disclose your personal information unless:
(i) You give your consent to disclose or use of the information;
(ii) The use of disclosure of the information is required by law; or
(iiI) The use or disclosure is required for the purpose of performing the Training Package.
9.1. Governing Law – These Terms and Conditions are governed by and must be construed in accordance with the Laws of the State of Western Australia.
9.2. Authority to Amend – No person other than a director of Fempire Group Pty Ltd has authority to amend, vary or waive these Terms and Conditions on behalf of Fempire Group Pty Ltd.
10. Definition and Interpretation
In these Terms and Conditions, unless the contrary intention appears, the following words have the following meanings:
Includes any allegation, action, demand, cause of action, suit or proceeding, howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise.
The confirmation issued by Fempire Group Pty Ltd for a Training Package in accordance with these Terms and Conditions.
A guarantee relating to the supply of goods or services as provided by Division 1 of Part 3-2 of the Australian Consumer Law.
Fempire Group Pty Ltd
The service provider, Fempire Group Pty Ltd ABN 56 138 064 954 (trading as Fempire), including its employees, servants, presenters and sub-contractors.
Any tax, levy, charge or impost generally imposed pursuant to the New Tax System (Goods and Services Tax) Act 1999, or any other Act of Parliament pertaining to goods and services tax.
Trade-marks, trade names, domain names, logos, get-up, patents, inventions, registered and unregistered design rights, copyrights, and circuit layout rights.
Any law, regulation, authorisation, ruling, judgement, order or decree of any government agency and any statute, regulation, proclamation, ordinance or by-law.
The online information and/or meeting platform as notified by Fempire Group Pty Ltd to You from time to time.
The registration form issued by Fempire Group Pty Ltd.
The fee payable by You for the Training Package, as published on the Website and/or confirmed to You at the time of purchasing the Fempire Group Training Package stated on the Registration Form.
The Fempire Group Pty Ltd program stated on the Registration Form.
Any training session forming part of the Training Package, and set out in a Confirmation.
Means you or the person who submits the Registration Form or who is named as the client in the Confirmation.