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Terms and Conditions

Effective Date: 13 June 2024

 

Welcome to The Fertility Hotline membership.

 

This service is operated by Stephanie Anne (ABN:25990453914) trading as Stephanie Anne (referred to in these terms as “Stephanie Anne”, “we”, “us”, and “our”). Please take the time to read the terms of use that apply to your use and enjoyment of our membership and the services made available to you by being a part of The Fertility Hotline membership (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of the Site (“user”, “you” and “your”).

 

CONSENT TO SITE TERMS

 

By accessing and purchasing The Fertility Hotline, you have accepted our Terms.

 

NO MINORS

 

By purchasing The Fertility Hotline, you warrant that you:

  • are over 18 years of age and have the legal capacity to enter into a legally binding contract;

  • have read and accepted these Terms; and

  • will comply with these Terms.

 

CHANGES TO THESE TERMS

 

We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Site. It is your responsibility to review these Terms prior to use and periodically throughout your use our services. If at any time you choose not to accept these Terms, you should not use our membership.

 

Your continued use of our services is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you are uncertain about the Terms or anything else The Fertility Hotline membership, please don’t hesitate to contact us before proceeding with any purchase or booking.

 

PRIVACY

 

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using our Site, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.

 

CREATING AN ACCOUNT

 

To place orders and access some features of the membership, you may need to register an account. This means you will have to give us accurate information, including your name, your business name, address, a valid email address and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will update information should there be any changes. You will remain solely responsible for the activity that occurs on your account (including orders placed on your account), so keep your account password secure.


We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.

 

DIGITAL PRODUCTS 

 

You may be sent or provided our Digital Products during your membership, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right to refuse to provide the products to you at any time for any reason.

 

We will not be responsible for any issues with the Digital Product after it has been downloaded.

Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.

 

PRICES AND PAYMENT

 

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated.

 

We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service.

 

We may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

 

We offer the option to pay for our products and/or services by credit card or such other method of payment as indicated on our Site. You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to The Fertility Hotline membership.

RENEWAL

Memberships will automatically renew each month or every 3 months, depending on your chosen plan. Unless cancellation has taken place before renewal date.

CANCELLATIONS 

 

We reserve the right to postpone or cancel the Services, or reschedule them at a mutually convenient time, for any reason. If the Services have been cancelled by us and not rescheduled, we will refund the fees paid for the cancelled portion of the Services.

 

Should you need to cancel any part of The Fertility Hotline membership for any reason, you can do so by logging into your stripe customer portal here, and selecting "cancel plan".

You acknowledge that we are not responsible for any breach of a third-party contract or any supplier contract to the services, including to the extent that this means the services may not proceed.

 

Where a Force Majeure event necessitates that any part of our services be cancelled or postponed, you acknowledge that we will not be responsible for any loss or damage incurred as a result.

 

REFUNDS FOR SERVICES

 

You will only be entitled to a refund at our sole discretion or where we determine that we are unable to perform the services for any reason. You acknowledge that you do not obtain the right to a refund where you have changed your mind, or you insist on our services being performed in a way that is against our advice.

 

Where you have paid a deposit for our services, you acknowledge that this payment is non-refundable and non-transferable regardless of whether the services go ahead.

 

Refunds in lieu of money (such as credit for other services) may be offered to you at our sole discretion.

 

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

 

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Site, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

 

INFORMATION AND ADVICE

 

Our The Fertility Hotline membership, is a way for you to ask questions that you want help with during your fertility journey and be aware that answers may be general in nature. This information is not intended to constitute or replace professional advice for individual or specific situations. We merely are here to help guide you and provide you as much support as needed and cannot be held liable for any reliance on the information we provide through the membership.

 

If during your membership we discuss treatments or procedures that may affect your health, you warrant that you are fit to participate and have sought the advice of a medical practitioner accordingly, particularly if you have pre-existing health conditions.

 

We do not accept responsibility for determining whether our membership is appropriate for you. We reserve the right to deny service and refund the cost of that  service for any reason, including where we believe that the service would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.

 

Any reference to other products or services, programs, courses, processes or other information during your membership does not constitute or imply our endorsement, sponsorship or recommendation in any way.

Be aware Stephanie Anne may refer you to relevant medical professionals or organisations if appropriate during your membership or if questions are outside our scope of practice.

NO GUARANTEES


Our role is to support and assist you through your journey, we cannot guarantee that undertaking any coaching and participating in this membership will ensure success of any kind. Under no circumstances, can we guarantee a particular result, whether health related or otherwise. You acknowledge and agree that results may differ from person to person. Each person’s individual success or what they want to get out of the membership is completely dependent on their journey based on their background, past medical history and treatment as well as many other additional factors. You acknowledge and agree that during The Fertility Hotline membership, results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on our Site or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.

PERSONAL RESPONSIBILITY


By participating in The Fertility Hotline membership, you acknowledge you are solely and personally responsible for your outcome. You further acknowledge and agree that you will undertake your own due diligence and judgement before applying anything you have gained or learned from the membership, taking into account your own personal circumstances.

 

TESTIMONIALS

 

On our Site, we present real-life examples of and insights into other customers’ and/or clients’ experiences with our membership services for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.

 

Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.

 

PROHIBITED USE

 

In addition to any other prohibitions, you must not, under any circumstances, use the membership:

  • for any unlawful purpose;

  • to solicit others to perform or participate in any unlawful acts;

  • to violate any international, federal, or state regulations, rules, laws, or local ordinances;

  • to attempt to change, remove, deface, hack or otherwise interfere with our service or any material or content provided during your membership;

  • to hack into any aspect of the service, corrupt data, or cause annoyance to other users;

  • to infringe upon any other person's proprietary rights;

  • to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

  • to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.

 

WARRANTIES AND DISCLAIMERS

 

The Fertility Hotline membership is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our services including that:

  • they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;

  • access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or

  • there is no possibility of failure to store communications or other data.

 

LIMITATION OF LIABILITY

 

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our membership and its services, your inability to access our membership and its services, interruption or outage of our services or the fact that content on or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

 

OUR RIGHT TO BE INDEMNIFIED BY YOU

 

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

 

ADDITIONAL TERMS

 

Where you elect to enter into a one-on-one arrangement with us, we will issue you with a Services Agreement (Additional Terms) that incorporates terms and conditions separate to these Terms. These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.

 

BREACH AND TERMINATION

 

The agreement constituted between us by your use of the Site may be terminated:

  1. where you breach any provision of these Terms; or

  2. at any time by us, without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

 

SEVERABILITY

 

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect.

 

CEASING OUR MEMBERSHIP


We have the right to discontinue our membership services. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our membership, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

ASSIGNMENT

 

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

 

ENTIRE AGREEMENT

 

These Terms (together with our Privacy Policy, Additional Terms and disclaimers) constitute the entire understanding and agreement between us and you in relation to your use of our services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our membership and your use of our membership.

 

GOVERNING LAW AND JURISDICTION

 

All Terms shall be construed in accordance with and governed in all respects by the laws of Victoria, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

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