Terms & Conditions

Welcome https://www.femalesinfood.com (our Site).

This Site gives you an opportunity to join a community of women in the food and drink industry, run by Cascade Counsel Pty Ltd trading as Females in Food ACN 163 515 179 (Females in Food®, we, us).  You can browse this Site and purchase our Products and Services, including memberships, access to webinars, tutorials, blogs and events to help you successfully build your business (Products and Services).

These Terms and Conditions (Terms) govern your use of this Site, as well as Females in Food®’s Products and Services, and form a binding contractual agreement between you, as either a user or member of this Site and us.

These Terms are important and you should ensure that you read them carefully and contact Females in Food® at hello@femalesinfood.com if you have any questions before purchasing our Products and Services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

Females in Food®’s Products and Services are intended for people aged 18 and over.

ACCEPTANCE OF TERMS

1. By accessing, downloading or using the Products and Services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

2. We may change all or part of these Terms at any time.  If we do, the new terms and conditions will be posted on this Site.  Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Products and Services.

GENERAL DISCLAIMER

3. All Females in Food® Products and Services are intended for general education and information purposes only.  Nothing on this Site, or any of the content provided to you by us during our provision of the Products and Services, purports to offer legal, medical, tax or other professional advice.  Use caution and always seek professional advice before acting on any information that we provide.

4. Females in Food® provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility.  Your success depends on many factors, including your background, dedication, participation, desire, and motivation.

5. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

6. Females in Food® provides a platform to introduce and support other businesses through its Online Community only.  Access to this Online Community does not mean that Females in Food® endorses anyone’s Products and Services.  Please be cautious and do your due diligence when partnering with anyone in the group, including but not limited to any members listed on our Site or within our Online Community.

7. You acknowledge and agree that Females in Food®, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

EARNINGS AND INCOME DISCLAIMER

8. Females in Food® cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our Products and Services.

9. Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.

BECOMING A MEMBER

Registration

10. You can become part of the Females in Food® community by registering your membership as either

a. Subscriber

b. Foodpreneurs Formula® Member

c. Business Coaching Acceleration Program® (BCAP) Member

d. Ambassador

(collectively, Members, also referred to as Memberships).

11. You must provide accurate, complete and up-to-date Membership registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

12. We may, at any time, request a form of identification to verify your identity.

13. Registered Member to this Site, you acknowledge and agree that:

a. You are solely responsible for the protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);

b. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;

c. You will immediately notify us if your Password is lost or becomes known to any other person;

d. You are solely responsible for all access to and use of this Site via your Password, whether such access or use is by you or any other person; and

e. Any information you provide to us for posting or inclusion in our online community, at any time, becomes our property.

14. To the extent that you provide personal information, Females in Food® will treat such information strictly in accordance with its Privacy Policy.

15. You must ensure the security and confidentiality of your registration details, including any username and/or Password.  You must not let any other person use your Password.  You must notify us immediately if they become aware of any unauthorised use of your registered details.

Benefits of membership

16. Every Member, except those who registered as a ‘Subscriber’, receive a listing on the Site to their business, which may include business occupation, business name and profile details. Site listings are searchable by visitors to the Site.

17. Member listings are a feature of the Site enabling users to search by occupation, business name or first name to target your listing.

18. Events are held from time-to-time.  Depending on the level of your Membership, you may attend our events for:

a. the advertised cost; or

b. the cost less the discount specified on the level of your Females in Food® Membership.

19. We will advise you by email of the dates and times of events.  Events are subject to separate terms and conditions which will be notified to you before you purchase or receive your ticket.

20. Business Coaching Acceleration Program (BCAP) Membership includes one to one coaching and mentoring services.

Membership renewal and maintenance program

21. Foodpreneurs Formula® Memberships are subject to a Maintenance Program offer after you have completed the program.  If you are in Females in Food®’s Maintenance Program and you wish to cancel your automatic entry into the Maintenance Program or your rolling membership of the Maintenance Program, please email us at hello@femalesinfood.com with “Cancel Membership Maintenance” in the subject line.

22. If we change our Membership prices, we will give 60 days written notice.  Annual prices will be honoured for the term of the Membership.

Members’ obligations

23. When using our Products and Services, you may be given access to Facebook groups, Instagram accounts, bulletin boards, review services or other forums (Online Community) in which you may post comments, photos, messages or other material (Your Content).  When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Online Community any of the following:

a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.

b. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

c. Information that includes personal or identifying information about another person without that person’s consent.

d. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.

e. Any information or content that impersonates any person or entity.

f. Any material, non-public information about companies without authorisation to do so.

g. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

Automatic renewal of Memberships for memberships joined prior to 1 January 2020

24. Memberships prior to 1 January 2020 are subject to automatic renewal. 

a. If you wish your membership not to automatically renew, please email us at hello@femalesinfood.com with “Cancel Automatic Renewal” in the subject line before your membership is renewed.

b. Notification of your annual automatic renewal is sent to you on the email address you have provided to us.

c. Refunds are not provided for our Products and Services that have been rendered by us, including where you have been given access to Our Content or our Online Community, whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010.

25. By posting or otherwise publishing Your Content on our Site or Online Community, you:

a. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;

b. Warrant that you have the right to grant the above licences;

c. Warrant that Your Content does not breach these Terms; and

d. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

26. We reserve the right (but have no obligation) to:

a. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

b. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

Members’ code of conduct

27. Our Site and Online Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.

28. Whilst using this Site and/or our Online Community, we ask that you not:

a. Contact anyone who has asked not to be contacted.

b. Collect personal data about other users for commercial or unlawful purposes.

c. Infringe other user’s privacy rights.

d. Violate the intellectual property of others.

e. Post anything that contains software viruses, worms or any other harmful code.

f. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.

CONFIDENTIALITY

29. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our Products and Services, you agree to respect the same rights of the other users of Females in Food® Products and Services and representatives of Females in Food®.

30. You agree:

a. That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.

b. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.

c. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.

d. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

31. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.

COPYRIGHT AND TRADE MARK NOTICES

32. All material on this Site, in our Online Community or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it.  Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.

33. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

34. The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Females in Food®. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Females in Food®, in any manner that is likely to cause confusion with customers, or in any manner that disparages Females in Food®.

35. Nothing contained on this Site or in our Online Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.

36. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Females in Food® will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

RIGHT TO SUSPEND, TERMINATE AND REFUND

37. We reserve our right to decline or cancel any Membership without notice, including any access to our Site, Online Community or our Products and Services generally at any stage, without reason.  If we cancel your Membership in accordance with this clause, we’ll provide a refund pro rata of fees paid.

38. We reserve the right to suspend or terminate your use of the Site, the Females in Food® Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.

39. Refunds are not provided for our Foodpreneurs Formula® product including where you have been given access to Our Content or our Females in Food® Community, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).

FINANCIAL TERMS

40. The cost, cancellation and refund, if any, details of our products and services are set out below:

** If you have watched all video modules, downloaded and completed all course work you can submit your request for refund to hello@femalesinfood.com by 12pm Australian Eastern Time within 7 days of the final video module having been sent to you. Use ‘Request for refund’ as the subject line.*The three one to one coaching sessions with Chelsea Ford are available to be booked by you within the Duration of the BCAP and the first four (4) weeks thereafter.

Females in Food® tracks the time and date emails are sent, and this is the time in which requests for refund will be calculated from, whether you’ve opened the email and clicked on the download links or not.

Completed course work, which includes completing all the activities within each module, with a note as to why you think the course did not work for you needs to be submitted with requests for refund emails. If your request does not meet these conditions, it will not be considered.

41. Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of the Females in Food® team.

42. Invoices for any Females in Food® program are automatically generated and can be requested at any time by emailing hello@femalesinfood.com.

43. Most of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:

You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.

If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.

44. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.

45. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem that it is appropriate.

46. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.

ONLINE PAYMENT SECURITY

47. Applicable fees for Members may be paid monthly or annually upfront.

48. Members to the Site may make online Membership payments using:

a. credit card, for monthly payments; or

b. credit card for annual payments made in advance.

49. We will keep all information pertaining to your nominated account at the Financial Institution, private and confidential. Credit card details or bank account details of all Members may be retained by the payment gateway used by Females in Food® to process payments.

50. Membership fees are in United States Dollars ($USD) only.

51. If your credit or debit card payment is declined by our payment gateway for any reason, Females in Food® may invoice you for the cost of any merchant processing fee.

52. We use third party payment gateway services.  If there is any issue with your payment, please contact us as soon as practicable, or at least within 3 business days of your discovering the issue and we will do our best to resolve any problems encountered. You must provide the relevant documentation to allow us to do so. Please use email address hello@femalesinfood.com.

GST

53. Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Site are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (Act). Tax Invoice means tax invoice as defined by the Act.

NO CHARGE-BACK

54. You acknowledge and agree that you waive all rights to attempt to charge-back any amounts paid under this Agreement with your nominated credit card provider.

FAILURE TO MAKE TIMELY PAYMENTS

55. If any payment is insufficient or declined for any reason, Females in Food® may remove you from the Products and Services without liability. Your removal from the Products and Services due to your failure to pay the requisite Products and Services Membership does not excuse you from your obligation to pay the amounts owed in full. You understand that Females in Food® may utilise third-party collection services to recover any outstanding amounts owed by you for the Program.

OUTSTANDING FEES

56. In the event that any monies remain outstanding by you to Females in Food® for over 30 days, Females In Food® reserves the right to:

a. Charge interest on all money outstanding in accordance with the General Interest Charge as published by the Australian Taxation Office from time to time;

b. Report the fact of the non payment of the invoice to a credit reporting agency; and

c. Assign the right to enforce any debts due to it to a third party, without further consultation to you.

57. You agree to indemnify Females In Food® from and against all costs and disbursements incurred by Females In Food® in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and client basis, Females In Food®’s collection agency costs, and bank dishonour fees.

DISPUTED PAYMENTS

58. Upon your enrolment in the Program, you waive any right to file a dispute with your credit card provider, payment processor, and/or other financial institution regarding the amounts paid or owed by you for your purchase of the Program, whether or not your Program access has been revoked for your violation of these Terms of Service.

LIABILITY IS LIMITED

59. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.  Such rights include, but are not limited to, those rights under Australian Consumer Laws.

60. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Online Community or Our Content.

61. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Online Community or Our Content even if we have been advised previously of the possibility of such damages and whether or not such damages arise in contract, tort, under statute, in equity or at law.

62. We are not responsible for, and accept no liability with respect to, content uploaded, posted, transmitted or otherwise made available on the Site by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made content available on the Site simply by facilitating others to post, transmit or other make content available.  Furthermore, we do not endorse any opinion, advice or statement made by any person other than us, including those made by members featured on our Site or within our Online Community.

63. You agree that we will not be liable for any loss or damage which you incur as a result of use of this Site including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the Site or Online Community including hyperlink to or from third party websites.

YOUR INDEMNITY

64. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Online Community or through use of our products or services.

65. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

a. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).

b. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

c. Accessing websites or servers maintained by other organisations through links on our Site, Online Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their Products and Services and you access them at your own risk.

d. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

e. Defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.

f. A result of a breach by us of our Privacy Policy (other than a wilful breach).

LINKS TO THIRD PARTY WEBSITES

66. Our Site may contain links to websites not owned or operated by Females in Food®, where we do not accept liability for the availability or content of these external websites.  Your use of any linked sites will be subject to the terms of use and service contained within each external website.  We expressly disclaim any liability arising from access to third party links and use of external websites.

67. Linked and third party Sites are not under the control of Females in Food® and Females in Food® is not responsible for the material contained on any Linked Site or the consequences of accessing such sites. You access Linked Sites at your own risk and by accessing them you leave the Site.

68. As affiliates or sponsors of certain Products and Services we may receive compensation for recommending, endorsing or promoting Products and Services linked to from this Site including third party links.  Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those Products and Services which are not our own. 

AFFILIATE DISCLOSURE

69. As affiliates of certain Products and Services we may also receive compensation for recommending, endorsing or promoting Products and Services as featured at any of our Events, where we make an appearance, or as featured on our Site or via our Online Community.  Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those Products and Services which are not our own. 

70. We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain Products and Services, unless expressly stated otherwise.  You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored Products and Services is for the purposes of that affiliation, endorsement and sponsorship only.  We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted Products and Services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.

NO ASSIGNMENT

71. You cannot transfer or assign your Females in Food® Membership.

72. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

DISPUTE RESOLUTION

73. Should a dispute arise between us, we strongly encourage you to contact Females in Food® at hello@femalesinfood.com to seek a resolution.  Any reasonable requests will be considered and Females in Food® will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

74. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

75. In the case of claims against us, all notices are to be provided to hello@femalesinfood.com.

76. If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

77. Once a mediator is appointed, the parties agree that:

The costs of the mediator shall be borne equally between the disputing parties.

The chosen mediator shall determine the procedures for mediation.

The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

78. If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

79. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

80. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

81. This clause survives termination of these Terms.

APPLICABLE LAW

82. These Terms shall be construed in accordance with and governed by the laws of New South Wales. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.

YOUR FEEDBACK

83. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

84. If you have questions or comments regarding this Site, or Females in Food® products or services, please email us at hello@femalesinfood.com.

EVENT TERMS

1. “Event” includes any type of in person or virtual breakfast, lunch, dinner, cocktail party, workshop, masterclass, presentation or retreat.

2. Events are strictly adults only to ensure professionalism and a quiet working environment for all other attendees.

3. Females in Food® reserves the right to exclude you from any Event should you, in Females in Food®’s sole determination, become disruptive.

4. Tickets purchased for Events must be used by you, unless you transfer the ticket to someone else at least 48 hours prior to the Event.  If you do transfer the ticket, you must email us at hello@femalesinfood.com advising the name and email address of the person whom you have transferred the ticket to.  If you do not do this, the transferred ticket may not be valid.    

5. Occasionally we may need to cancel an Event.  We will make every effort to reschedule the Event.  However, in the rare and unlikely event of a cancellation without rescheduling, a full refund will be paid within 10 days of notice of cancellation. Females In Food® Pty Ltd will have no further liability to participants in respect to cancellation without reschedule.

6. No refunds are granted for Events.

7. Females in Food® owns all intellectual property in the content and material delivered at Events.  You may not reproduce such content for your own commercial use.

8. You understand and acknowledge that Females in Food® and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Females in Food®.

9. You hereby waive any and all legal rights you may have against Females in Food® in respect of Recordings of your participation in the event and grant to Females in Food® the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.

10. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.

11. You hereby release, discharge and agree to hold harmless Females in Food® from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.

These Terms & Conditions were last updated on 10 January 2023.