Terms of Use

Updated 02 December 2023

These are the terms and conditions ("Terms of Use") for all programs, online courses, coaching services and all other products and services ("Products" and "Services") sold by Imperial Feminine Pty Ltd (ABN 18 672 683 457) (“Imperial Feminine Pty Ltd”, “we”, “us”) on our websites (collectively "Websites"):


These Terms of Use also apply to any complimentary bonuses (Complimentary Bonuses) that we may provide at our sole discretion alongside any purchased Products or Services.

Please read these Terms of Use carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us.

By proceeding with a purchase with us, you are confirming that you have read, understood and agreed to enter into a binding agreement (Agreement) with us on these Terms of Use. We reserve the right to cancel your access to our Products, Services and any Complimentary Bonuses with no refund if you fail to abide by these Terms of Use.

If you do not agree wholly to these Terms of Use, do not purchase any Products or Services from Imperial Feminine Pty Ltd.

If you have any questions or concerns about our Terms of Use, Products, Services, Websites, Complimentary Bonuses or any purchase you make through our Websites, please do not hesitate to get in touch with us.


PERSONS UNDER 18

Our Websites, Products, Services and Complimentary Bonuses (whether accessible publicly, through a purchase or provided by us on a complimentary basis), are only suitable for individuals aged 18 and above. Some of the content in our offerings are unsuitable for children. Imperial Feminine Pty Ltd hereby disclaims all liability for use by individuals under the age of 18.
 
 
PAYMENT

Payment processors
We currently accept payment via payment gateways or processors operated by third-party financial technology providers.

In making a payment on our Websites using any of these third-party gateways or processors, you warrant to us that you have read and agreed to the terms and conditions of the relevant third-party financial technology provider, which are available on their website. You understand that these services are provided by third parties and are made available to you on our Websites for convenience only.

We are not responsible for any issues, loss or damage arising out of your use of those third-party gateways or processors or payment plans. If you have an issue with a third-party financial technology provider, please contact them directly.

We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated prices on our Websites.

Full payment option
You agree to pay us the full purchase price for the Products and Services listed on the Websites (subject of course to the proviso above, in the case of accidental errors and omissions). Prices are listed in Australian dollars (AUD) and are inclusive of GST for Australian residents, unless otherwise stated on the Websites.

If you fail to make a full payment, or if a payment is fully or partially returned or denied for any reason, we may terminate this Agreement or suspend or cancel your access to the Products or Services or Complimentary Bonuses, at our absolute discretion, unless or until payment is received.

Payment plan option
We may, from time to time, offer payment plans on selected Products and Services. By completing a purchase using a payment plan, you agree to make timely scheduled payments as per the payment plan selected by you. If you fail to make a scheduled payment, or if a scheduled payment is fully or partially returned or denied for any reason, we may terminate this Agreement or suspend or cancel your access to the Products or Services or Complimentary Bonuses, at our absolute discretion, unless or until the scheduled payment is received.



COUPON CODES

We may offer coupon codes from time to time. Please note that coupon codes cannot be used in conjunction with any other offer (for example, you cannot apply two coupon codes to the same purchase). Coupon codes are valid for the stated time, or else for a period of seven (7) days from the date that the offer was first made (whichever occurs first). We reserve the right to revoke any coupon code offer at any time without notice.

From time to time we may issue unique coupon codes for exclusive use by specific clients. You are not permitted to share unique coupon code(s) with others, nor are you permitted to use a unique coupon code that we did not issue to you. Any use of unique coupon codes in violation of these terms may result in cancellation of your account, and revocation of your access to purchased Products and Services with no refund.


ADVICE, INFORMATIONAL AND EDUCATIONAL CONTENT

By proceeding with a purchase with us, you agree that you are participating voluntarily in using our Websites, Products, Services and Complimentary Bonuses, and you alone are completely, solely and personally responsible for your results, relationships, health, life, well-being, as well as the health, lives, and well-being of your family and dependents (where applicable), for all decisions now and in the future. You agree to use your own due diligence and judgment before applying any recommendation or advice that you may receive on or through our Websites, Products, Services or Complimentary Bonuses.

We may give you advice, recommendations, information, instruction or assistance in the material provided to you through our Websites, Products, Services and Complimentary Bonuses believing it to be accurate, appropriate and reliable at the time, but we don’t give any warranty of accuracy, appropriateness or reliability.

The information, advice and instruction we give are general in nature and are not intended to constitute or substitute for medical advice, mental health advice, well-being advice, relationship/marriage counselling, career advice, religious advice, financial advice or other professional advice. You agree to use your own due diligence and judgment before applying any information, recommendation or advice that you may receive through our Websites, Products, Services or Complimentary Bonuses. You should seek appropriate professional advice suitable for your personal circumstances if necessary.

Imperial Feminine Pty Ltd is NOT, nor claiming to be in any capacity: a medical practitioner or provider, health or well-being practitioner or provider, mental health services provider, relationship/marriage counsellor, career/professional development advisor, financial advisor or any other type of qualified advisor. Do not disregard or delay seeking professional medical, health, wellness, mental health, career, counselling, financial or other professional advice due to information you have received from us or viewed on our Websites.

We will not accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Websites, Products, Services and Complimentary Bonuses, unless otherwise required by law.

This clause survives termination of this Agreement.


LIVE STREAMING EVENTS

We may from time to time, at our absolute discretion, hold events that cover online course content via live streaming. However, as our students are located in different time zones worldwide, we cannot schedule our live streaming events in a manner that caters to all participants who have purchased an online course. Therefore all our online courses exclude all warranties and guarantees that the purchaser will be able to access or attend any live-streamed events.

After the conclusion of any such live-streamed events that are conducted as part of delivering course material, recordings of the event (or an appropriate pre-recorded replacement covering the same subject matter) will be edited and uploaded to the relevant online course.


COMPLIMENTARY BONUSES

From time to time, Complimentary Bonuses (such as access to online communities and access to exclusive content on Imperial Feminine Pty Ltd’s private social media accounts) may be offered alongside the sale of Products and Services. Imperial Feminine Pty Ltd reserves the right to remove your access to Complimentary Bonuses at any time for any reason at our sole discretion. Complimentary Bonuses are not guaranteed inclusions in the Products and Services you purchase from Imperial Feminine Pty Ltd.


CONDUCT AND PARTICIPATION ON ONLINE COMMUNITIES

Please choose carefully the materials that you upload to, submit to, or embed on our Websites, particularly on the comment sections, direct messaging functions and online communities on our Websites (together "Online Communities" ) that we provide exclusively for use by our online course students and clients (Members). You are responsible for your materials and for any loss or liability that may result from the material you post. We have no control over the conduct of Members participating on our Online Communities. We are not liable for any privacy issues, loss, damage or liability arising from Members using, sharing, defaming or making public any material that you share on our Online Communities.

You agree to keep all information you learn about other Members strictly confidential except in very rare circumstances where disclosure is required by law.

You agree to follow our rules for participation in our Online Communities. Failure to comply with this clause amounts to a breach of this Agreement, and Imperial Feminine Pty Ltd may suspend / limit / terminate your access to the Websites, Products, Services and Complimentary Bonuses or terminate this Agreement without refund.

You are strictly prohibited from using our Websites and Online Communities to perform any of the following:


We may, at our discretion, moderate, delete or modify, in whole or part, any post, comment, or submission to our Websites. Imperial Feminine Pty Ltd does not, however, have any obligation to monitor the posts, comments, or material submitted by Members or third parties. Imperial Feminine Pty Ltd neither endorses nor makes any representations as to the truthfulness or validity of any posts, comments, or material posted by Members or third parties on any of our Websites. We are not responsible or liable for any loss or damage caused by materials posted on our Websites or communications conducted via our Websites by Members or third parties.

Where you suspect a Member or participant has violated these terms, you may notify us directly.


CANCELLATION & REFUND POLICY

Coaching sessions
Cancellation requests must be received by us no less than 24 hours before your booked coaching session is due to commence, otherwise there will be no refund. Cancellations exceeding 24 hours' notice will be fully refunded.

In the event of non-attendance by the client to a booked coaching session, we will not provide any refund.

Sessions may be rescheduled with a minimum of 24 hours' notice at no cost. If a session is rescheduled less than 24 hours prior to the original booking time, we may, at our absolute discretion, cancel the rescheduled session with no refund.

In rare unforeseen circumstances where we are unable to attend a booked coaching session, we will offer options to reschedule the session or process a full refund.

Cancellations and rescheduling may be requested via the cancel and reschedule links provided on the session confirmation email.

Online courses
Course refunds will only be provided in accordance with our obligations under Australian Consumer Law. We are not required to provide a refund if you change your mind about the course that you chose to enrol into.

If you have made an error with your transaction (such as purchasing the wrong course), please refrain from viewing or accessing any content in your purchase and contact us immediately for support. We will work with you to correct your enrolment and resolve any payment differences as appropriate.

Students' progression through our online courses are tracked by our systems, which we can use to verify whether any course content has been accessed, viewed or downloaded. We reserve the right not to provide any refund or support in varying your enrolment if our data indicates that you have:



PROMOTION

By voluntarily sharing with us any evidence (such as testimonials and photographs, whether posted on any of our Websites by you or sent to us by you) of results achieved through use of our Products, Services, Complimentary Bonuses or free content on our Websites, you grant us permission to use and reproduce this evidence without compensation to you, for the commercial purposes of promoting our business. We will use our best endeavours to censor your name, user name, user profile images and identifiable likeness (faces) unless given written consent by you to reproduce the evidence in full. You acknowledge that we have the right but not the obligation to use any contributions from you, and that we may elect to cease the use of any such contributions at any time for any reason.

We love it when you comment or post about our products and free content on social media. If you do share comments, images or videos (or any other depiction whatsoever) of our products or free content on your social media (Posts), you provide to us your express and unconditional consent to share your Posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts.

We value community engagement, and appreciate when you send us direct messages (such as through social media platforms, our contact form or e-mail) or post messages and/or attached images our Websites regarding any material published or sold by us. You grant us permission (with no compensation to you) to use and reproduce your direct messages and/or attached images for the purpose of fostering community engagement on our Websites, providing informative content to our audience and promoting our business. We will use our best endeavours to censor your name, username, user profile images and identifiable likeness (faces) when we reproduce the materials sent/posted by you, unless given written permission by you to reproduce them in full.


LICENCE

In order to purchase access to an online course, you must create an online account via our online course website, https://imperialfeminine.thinkific.com.

As a purchaser of an online course, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access the course and all associated intellectual property in accordance with these Terms of Use, copy and store the online course content contained therein in your device's cache memory, save and print content from the online course for your own personal and non-commercial use, limited to you only.

We don’t grant you any other rights whatsoever in relation to the Websites or the online course. Specifically, you are prohibited from publishing, reproducing, altering, transmitting, distributing and reselling content contained in the online course for commercial use, for free, and for purposes other than private personal use. You are prohibited from sharing access to your purchased Products, Services and Complimentary Bonuses with any other persons.

Imperial Feminine can revoke this license immediately and without notice, and take legal action, if you use the content other than in accordance with this license.

Where we suspect that an account is being used by more than one person, such as when we detect login activity and usage history from different geographical locations that would be impossible if the account is accessible to one person only, Imperial Feminine Pty Ltd reserves the right to terminate the purchased Products and Services held by the account at our absolute discretion, with no refund.

This clause survives termination of this Agreement.


RISK

Risk in the Products, Services and any applicable Complimentary Bonuses supplied under this Agreement passes to you once the Products or Services (and any applicable Complimentary Bonuses) are made available to you or delivered to you.


PRICING

While we take every care to make sure our Websites are accurate and up to date, we are only human and from time to time, mistakes may occur (for example, a pricing error or inclusions error).

Please note that when you submit an order through any of our Websites, no agreement is formed until we process and accept your order and send you a confirmation. If there has been an error leading to your order (such as a pricing error or booking error), we may choose not to complete the order, but we will contact you to discuss your options (for example, placing an order at the correct price or cancelling and refunding the order).


DISCLAIMER AND LIMITATION OF LIABILITY

Except as set out above, to the maximum extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms of Use.

We make our content available to you, however, you use our Websites, Products, Services and Complimentary Bonuses at your own risk. Everything we provide for sale or on a complimentary basis is provided "as is" and "as available”. Imperial Feminine Pty Ltd make no representations or warranties of any kind to our participants, whether expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, information accuracy, effectiveness of the ideas or strategies provided by us, or non-infringement of intellectual property or other violation of rights. Further, Imperial Feminine Pty Ltd does not warrant or make any representations concerning the likely results or reliability of the use of our Websites, Products, Services or Complimentary Bonuses.

Please note that we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with our Websites, Products, Services, Complimentary Bonuses or these Terms of Use (including as a result of not being able to use or access the Websites, Products, Services or Complimentary Bonuses), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

If for any reason you are not a consumer of products or services for the purposes of the Australian Consumer Law, we exclude all liability to you, however arising, including by negligence.


EVENTS BEYOND CONTROL

Imperial Feminine Pty Ltd will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical failure of infrastructure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel and refund your purchases, or otherwise complete fulfilment of your purchases once the situation has returned to normal. If we expect a major delay, we will contact you to discuss a suitable solution.


LINKS TO OTHER WEBSITES AND REFERENCES TO OTHER RESOURCES

We may, on occasion, include links to other websites and references to resources which are not controlled or produced by us. These links and references are provided for your convenience and to provide you with further information. You acknowledge that you use these links and references at your own risk. Please note that while we may include these links and references for your convenience, we do not necessarily endorse or support the views, opinions, standards or information expressed on them. 

We have no control over the nature, content and availability of linked websites. While we do our best to make sure we link to reputable websites, we cannot and do not accept responsibility or liability for any loss, damage, cost or expense that you or anyone else might incur because you have used or relied on material on the linked websites, so please make sure you use caution, discretion and common sense while browsing online, and check the protocols and standards of the linked websites before using them or sharing any personal information with them.


AUSTRALIAN CONSUMER LAW

The Services come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).

Nothing in these terms excludes any right, guarantee or warranty you are entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, under s64A of the ACL to replacement of the Services or the cost of having the Services replaced, or such other remedy that we see fit.

We will not be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL (for example, we are unable to exclude or limit liability for consequential loss arising out of a breach of a consumer guarantee).


INTELLECTUAL PROPERTY

All contents in our Products, Services, Complimentary Bonuses and Websites are subject to copyright and are protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, all rights (including copyright) in the Products, Services, Complimentary Bonuses and Websites (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements, interactive features and downloadable files) are owned or controlled by us and are reserved by us.

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.

If you would like to share our Websites or social media content that is freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our Websites. This includes images on our Websites and social media profiles, unless we explicitly cite a copyright notice indicating otherwise. If you’d like to share, re-publish or otherwise use our Websites or content in a way that you aren’t expressly authorised to do by these terms, please do not hesitate to get in touch with us.

You are expressly prohibited from producing, publishing, or otherwise distributing any of the Intellectual Property (such as our course content), save as to any licence of the Intellectual Property or part thereof granted under this Agreement.

This clause survives termination of this Agreement.


CONFIDENTIALITY

You acknowledge that you may have access to certain confidential information of Imperial Feminine Pty Ltd, including (but not limited to) technical information and know how relating to the Products, Services, Complimentary Services, Websites and Imperial Feminine Pty Ltd (Confidential Information). You agree to treat as confidential the Confidential Information and not use or disclose the Confidential Information during the term of this Agreement or thereafter, other than in connection with performing this Agreement or with our prior written consent.

In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court.

This clause survives the expiry or termination for any reason of this Agreement.

You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.


RELATIONSHIP OF PARTIES

The relationship between the parties is that of independent contractors and nothing in this Agreement is to be construed as constituting an agency, partnership, joint venture, relationship of employee and employer or franchisor and franchisee or any other form of association between the parties.


DISPUTE RESOLUTION

If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.

The party must inform the other party in writing of the following:


On receipt of the notice by the other party, both parties will make every effort, without delay and in good faith, to resolve the dispute by mutual negotiation within fourteen (14) Business Days.

If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of New South Wales appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Sydney, New South Wales, Australia.

The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under this Agreement.

This clause survives termination of this Agreement.


INDEPENDENT LEGAL ADVICE

You can seek independent legal advice on these terms and contact us to negotiate changes or amendments to these conditions before proceeding with your order. If you do not do so, you are confirming that you have read, understood and agreed to be bound by these Terms of Use, and that you consider these Terms of Use fair and reasonable and not against public policy.


VARIATION

We may make permitted variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Websites, or otherwise notifying you in writing. The variations will take effect thirty (30) days after the date of posting. Your continued access and use of the Websites, Products, Services and Complimentary Bonuses will indicate your acceptance of the variations.

Permitted variations will be limited to those reasonably required by us to protect our legitimate business interests and which do not seriously impact the benefit you receive under this Agreement.


SEVERANCE

If any part of these Terms of Use is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.


ASSIGNMENT

The rights of each party under this Agreement are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement with our prior written consent, which can only be withheld on reasonable grounds. We may assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement on giving you notice in writing.


ENTIRE AGREEMENT

The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.


WAIVER

A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.


TERM

This Agreement commences on the date that it is accepted by you, and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.


TERMINATION

We may terminate this Agreement at any time on thirty (30) days’ written notice to you. All disclaimers and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.


JURISDICTION

As we are based in New South Wales, Australia, these conditions will be governed by the laws of that state/territory. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia


CONTACT DETAILS

For any questions or notice, please contact us via our Contact Form.
Hard copy correspondence may be posted to the below mailing address:

Imperial Feminine Pty Ltd
PO Box 238
Beverly Hills LPO NSW 2209
Australia