Terms and Conditions
Terms
These Terms of Use are effective as of 3rd August 2020.
PLEASE READ THIS THESE TERMS OF USE CAREFULLY.
These Terms of Use cover important information about the Platform and any applicable fees. In particular, they include information about future changes to the Terms of Use and Platform (refer to Clause 8), the purchase and renewal of subscriptions to the Platform (refer to Clause 2) and limitations of liability (refer to Clause 7.1). The following additional terms may also apply to you:
− Products Addendum: the provisions in the Products Addendum form part of the Terms of Use and create a legally binding agreement between you and Femme Fitale in relation to orders that you place for products on the Platform (excluding subscriptions to the Platform, which is governed by Clause 2 of these Terms of Use).
– Additional Terms: If you live in certain countries, the Additional Terms found at the end of these Terms of Use may apply to you. These Additional Terms override the other terms of these Terms of Use below to the extent of any inconsistency.
Welcome to the Femme Fitale community!
These terms of use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the “Terms of Use”) apply to your use of (and subscription to) the Femme Fitale website, Femme Fitale mobile application (“Femme Fitale App”), blog, forum, online shop or one of our other products or services, all of which are part of Femme Fitale’s platform (the “Platform”).
These Terms of Use are entered into by and between you as a user (referred to as “User”, “you” or “your”) and Lead to Excel Pty Ltd T/as Femme Fitale (ABN 91 641 226 128) and its affiliates (referred to as “Femme Fitale”, “we”, “us” or “our”), and supersede and replace any terms and conditions of services that you may have previously agreed with Femme Fitale in connection with the Platform.
Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Use. The offering of the Platform to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform.
For more details about Femme Fitale’s privacy practices, please refer to our Privacy Policy available at the following webpage: https://www.femmefitale.com.au.com/pages/privacy-policy.
USER
- Eligibility
By accessing or using the Platform, you confirm that you are of legal age in your country and not under 16 years old, or you have consent from your parent or guardian, you have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform.
User Account Creation
To use certain features of the Platform, you will need to create a user account (each, a “User Account”) by providing your first and last names, an email address, a password, your date of birth and other information that we may require from time to time. You will also be required to create a username for your User Account in order to access the forum hosted on the Platform. Please provide accurate and current information when creating your User Account. You can also create a User Account by using your Facebook credentials.
Femme Fitale may, at its sole discretion:
(a)
limit the number of User Accounts that you may create or maintain;
(b)
stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or
(c)
refuse to create a User Account for you.
Security
By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). Femme Fitale is not responsible for any loss or activity that results from the unauthorised use of your User Account due to your failure to secure your access credentials.
You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the Femme Fitale team in writing at support@femmefitale.com.au of any unauthorised use of your User Account or any other breaches of security.
Suspension and termination
Femme Fitale will have the right to suspend access to your User Account, or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in this Term of Use), subject to Applicable Laws.
You acknowledge and agree that these Terms of Use continue to apply even after your User Account expires or is terminated, or where you have stopped using the Platform.
- Eligibility
SUBSCRIPTION SERVICE
- Subscription
You can choose to subscribe to the Platform either on a monthly, quarterly or annual basis, or for such other periods that Femme Fitale may offer from time to time, and the applicable fees are set forth on the Femme Fitale webpage (https://www.femmefitale.com.au) or on the applicable app store from which the Femme Fitale App can be downloaded.Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.
Femme Fitale reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the Platform), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
- Free trials
We may provide a free trial subscription for a fixed period of time, as determined by Femme Fitale in its sole discretion. Unless otherwise stated by Femme Fitale in respect of specific promotions, free trials are only available to new Femme Fitale users, and Femme Fitale reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees.
After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial, please refer to the instructions set out below under “Automatic renewal of subscription”.
Payment details
You can pay the fees for your subscription on the Femme Fitale website or Femme Fitale App either through a credit card, PayPal payment or Stripe payment, or through your account with the applicable app store in the case of the Femme Fitale App (i.e. through in-app purchases).
The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform).
When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. Femme Fitale reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.
In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees.- Automatic renewal of subscription
Your subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. However, you may cancel your subscription at any time by navigating to your profile page and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for. - Cancellation and refund of subscription fees
Where you have subscribed for the Platform through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store.
Where you have subscribed for the Platform through our website, you may change your mind and receive a full refund of the amount you have paid for the subscription within fourteen (14) days starting from the day you subscribed to the Platform through our website (the “Cooling-off Period”):
(a)
if you sign up for a free trial, you agree that the Cooling-off Period for the paid subscription that you are receiving the free trial in connection with ends fourteen (14) days after you start the free trial – if you use the Platform during the free trial and don’t cancel the paid subscription before the free trial ends, you lose your right of withdrawal; and
(b)
if you purchase a subscription, you agree that the Cooling-off Period is available for fourteen (14) days after you have paid for the subscription, but the Cooling-off Period expires once you use the Platform during that period.
To exercise this right, please contact the Femme Fitale team using the details set out in Clause 9 of these Terms of Use.
Following expiry of the Cooling-off Period, subscriptions are non-refundable and there is no right to refunds or credits unless required by Applicable Laws. Although you may notify us of your intention to cancel your subscription at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund.
- Subscription
