1. ABOUT THESE CONDITIONS
1.1 These Conditions of Service (Conditions) apply to every Booking made with, and every Session, Package, Program or Group Session provided by, Miranda Cheng trading as We The Femme, ABN 35 836 973 198 (We The Femme, We, Us or Our).
1.2 By making a Booking, purchasing a Package or Program, or attending a Session or Group Session, You agree to be bound by these Conditions.
1.3 We The Femme may update these Conditions from time to time. Except where a change is required by law or is more favourable to You, the version of these Conditions in force at the time You made Your Booking will apply to that Booking.
1.4 Nothing in these Conditions excludes, restricts or modifies, or is intended to exclude, restrict or modify, any consumer guarantee, right or remedy conferred on You by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified. Any clause in these Conditions that would otherwise have that effect applies only to the extent permitted by law.
2. DEFINITIONS
“Australian Consumer Law” or “ACL” means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as in force from time to time.
“Booking” means a booking made by You for a Session, Package, Program or Group Session provided by We The Femme.
“Booking Fee” means the total fee payable by You for a Session, Program or Group Session, as applicable.
“Connection Call” means a complimentary introductory call offered by We The Femme to discuss the Services and whether they may be suitable for You.
“Couples Session” means a Session provided to two people attending together.
“Group Session” means a workshop, class or other Service delivered by We The Femme to more than one client or participant.
“Notice” means written notice provided to Miranda Cheng at the current email address specified by We The Femme for client communications. For cancellation timeframes, Notice is measured in ordinary elapsed hours from the scheduled start time of the Session and includes weekends and public holidays.
“Package” means two or more Sessions purchased together for a single Package Fee, including a Holistic Pelvic Care™ two-session Package, a three-session Package or a six-session Package.
“Package Fee” means the total price payable for a Package, whether paid in full or by instalments under a Payment Plan.
“Payment Plan” means an arrangement under which the Package Fee or Program fee is paid by You in agreed instalments.
“Program” means a structured series of sessions, workshops or educational offerings provided by We The Femme, whether online or in person.
“Services” means the Sessions, Packages, Programs, Group Sessions and other professional services provided by We The Femme.
“Session” means an individual, Couples, Holistic Pelvic Care™, Integrative Pelvic Care or other professional session provided by We The Femme, whether online or in person, but excluding a complimentary Connection Call unless expressly stated otherwise.
“You” or “Your” means the client or participant purchasing, booking or attending a Service and agreeing to be bound by these Conditions.
3. BOOKINGS AND PAYMENT
3.1 You must pay the Booking Fee or Package Fee applicable to the Service selected by You.
3.2 Full payment, or the first instalment payable under a Payment Plan, must be made in accordance with the payment terms disclosed at the time of Booking.
3.3 A Booking is not confirmed until any amount required at the time of Booking has been received by We The Femme, unless otherwise agreed by We The Femme in writing.
3.4 You warrant that all information provided by You in connection with a Booking is complete and accurate.
3.5 An enquiry, Connection Call or initial communication does not create a practitioner-client relationship and does not oblige We The Femme to accept You as a client or provide any particular Service. A professional relationship commences only when We The Femme agrees to provide a paid Service to You.
3.6 We The Femme reserves the right, acting reasonably, to change the location, delivery method, date or time of a Service where reasonably required. We The Femme will provide as much Notice as reasonably practicable and clause 8 applies where relevant.
4. PAYMENT PLANS
4.1 Where You purchase a Package or Program under a Payment Plan, You acknowledge that You are purchasing the Package or Program as a whole for the full Package Fee or Program fee.
4.2 A Payment Plan is a payment arrangement only and does not convert a Package or Program into individual pay-as-you-go Sessions.
4.3 By selecting a Payment Plan, You authorise instalments to be automatically charged to the payment method provided by You in accordance with the payment schedule disclosed at purchase.
4.4 You are responsible for maintaining a valid payment method and sufficient funds for scheduled instalments.
4.5 If an instalment is declined or overdue, We The Femme may suspend further Bookings or Services until the overdue amount is paid.
4.6 Cancellation of an automatic payment authority does not, by itself, cancel Your contractual obligation to pay amounts otherwise properly payable under these Conditions.
4.7 Any early withdrawal from a Package is dealt with under clause 7.
5. PACKAGES, VALIDITY AND TRANSFER
5.1 Packages are personal to You and cannot be transferred, assigned, sold or shared with another person.
5.2 Package Sessions cannot be exchanged or transferred to a different Service unless We The Femme expressly agrees otherwise in writing.
5.3 Unless a different period is disclosed at purchase: (a) a Holistic Pelvic Care™ two-session Package is valid for 3 months from purchase; (b) a three-session Package is valid for 6 months from purchase; and (c) a six-session Package is valid for 12 months from purchase.
5.4 The recommended rhythm for the Holistic Pelvic Care™ two-session Package is generally to use the Sessions within approximately two weeks of one another, subject to suitability and individual circumstances. The longer validity period does not alter that recommendation.
5.5 You are responsible for booking and using Package Sessions within the applicable validity period.
5.6 We The Femme may extend a validity period where reasonably required because We The Femme has cancelled or rescheduled a Session, or where We The Femme otherwise agrees to an extension in writing.
5.7 Subject to applicable law and these Conditions, unused Sessions remaining after the applicable validity period expire and are not redeemable for cash.
6. CLIENT CANCELLATIONS, RESCHEDULING AND NON-ATTENDANCE
6.1 You must provide Notice if You wish to cancel or reschedule a Session.
6.2 Where at least 48 hours' Notice is provided, You may cancel or reschedule the Session without a cancellation fee, subject to any service-specific terms disclosed at Booking.
6.3 Where less than 48 hours but at least 24 hours' Notice is provided, We The Femme may charge 50% of the applicable Session Fee. Where the Session forms part of a Package, the equivalent amount may be payable or deducted/reconciled against the Package as reasonably determined by We The Femme.
6.4 Where less than 24 hours' Notice is provided, or You do not attend, We The Femme may charge 100% of the applicable Session Fee. Where the Session forms part of a Package, the Session may be treated as used.
6.5 Cancellation fees reflect the time reserved for You and the difficulty of filling a Session at short Notice.
6.6 A cancellation fee may be waived or reduced, or a Package Session reinstated, where illness, emergency or other exceptional circumstances reasonably prevented You from attending or providing the required Notice. We The Femme will consider the circumstances reasonably and in good faith.
6.7 Nothing in this clause affects any right or remedy that cannot lawfully be excluded.
7. PACKAGE WITHDRAWAL AND REFUNDS
7.1 A Package is purchased as a whole and any Payment Plan is a method of paying the Package Fee, not a pay-as-you-go arrangement.
7.2 If You elect to withdraw from a Package before all Sessions have been used, all Sessions already attended or treated as used under these Conditions will be recalculated at the standard individual Session price applicable to that Service at the time the Package was purchased.
7.3 We The Femme may deduct the recalculated value of used Sessions, together with any other amount properly payable under these Conditions, from amounts already paid by You.
7.4 If the amount You have paid exceeds the amount properly payable under clause 7.3, the excess will be refunded to You. If the amount paid is less than the amount properly payable, the balance remains payable by You.
7.5 Packages are not transferable.
7.6 Nothing in this clause limits any refund, cancellation or other remedy that You are entitled to under applicable law.
8. CANCELLATION OR RESCHEDULING BY WE THE FEMME
8.1 We The Femme may cancel, postpone or reschedule a Service due to illness or incapacity of the practitioner, emergency, natural disaster, extreme weather, fire, flood, epidemic or pandemic, government action or restriction, venue closure, utility or telecommunications failure, transport disruption, or another circumstance reasonably preventing the Service from proceeding as scheduled.
8.2 We The Femme will provide as much Notice as reasonably practicable and will use reasonable efforts to offer an alternative mutually suitable time or arrangement.
8.3 A Session cancelled or rescheduled by We The Femme will not be treated as used under a Package.
8.4 If We The Femme cancels a Session and cannot provide it within a reasonable period, any amount paid for the affected unprovided Session will be dealt with in accordance with Your rights under these Conditions and applicable law, including by rescheduling, credit or refund as applicable.
8.5 Where cancellation or rescheduling by We The Femme reasonably prevents completion of a Package within its validity period, We The Femme will extend the validity period for a reasonable period.
8.6 Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
9. HEALTH, SUITABILITY, CLIENT RESPONSIBILITIES AND INFORMED CONSENT
9.1 Services provided by We The Femme are primarily intended for persons aged twenty-five (25) years and over. We The Femme does not provide Services to persons under eighteen (18) years of age and may, where appropriate, agree to provide Services to a person aged between eighteen (18) and twenty-four (24) years following an assessment of suitability.
9.2 You agree to provide complete, accurate and current information reasonably requested by We The Femme for the purpose of assessing the suitability and safe provision of a Session.
9.3 Before attending or participating in a Session involving physical, somatic or touch-based practices, including Holistic Pelvic Care™ and Integrative Pelvic Care, You must disclose any pregnancy, recent surgery, injury, infection, medical device, significant pain, bleeding, health condition, medication or other circumstance that may reasonably be relevant to the suitability or safe provision of the Session.
9.4 You must promptly inform We The Femme of any material change to information previously provided where that change may reasonably affect the suitability or safe provision of a Session.
9.5 You agree to follow reasonable instructions provided by We The Femme relating to Your safe participation and to promptly inform We The Femme if You experience pain, discomfort, distress, dizziness, unusual symptoms or another response that may reasonably affect Your safe participation.
9.6 We The Femme may decline, postpone, modify, pause or discontinue any practice or Session where We The Femme reasonably considers that proceeding may be unsafe, unsuitable, outside professional scope or otherwise inappropriate having regard to the information available and the circumstances.
9.7 To the maximum extent permitted by law, We The Femme is not liable for any loss, injury, damage or adverse outcome to the extent that it is caused or contributed to by Your failure to: (a) provide complete, accurate and current information; (b) disclose a material change in relevant information; (c) disclose information reasonably relevant to suitability or safe provision; or (d) follow reasonable safety instructions provided by We The Femme.
9.8 Nothing in clause 9.7 excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
9.9 Any physical, somatic or touch-based practice forming part of a Session will only take place with Your informed, voluntary and ongoing consent.
9.10 Before commencing a physical or touch-based practice, We The Femme will provide information reasonably necessary for You to understand the nature of the proposed practice and make an informed choice about whether You wish to participate.
9.11 You may decline, pause, modify or withdraw Your consent to any practice at any time and for any reason, without needing to provide an explanation.
9.12 Consent to one practice, activity or form of touch does not constitute consent to any other practice, activity or form of touch.
9.13 Nothing in these Conditions requires You to participate in any physical, somatic or touch-based practice.
10. NATURE AND SCOPE OF SERVICES
10.1 Services may include education, coaching, somatic practices, embodiment practices, sexuality education, pelvic care, guided practices and other Services described at Booking.
10.2 The Services are educational, experiential and holistic in nature. Content and practices may vary according to the Service booked, Your circumstances, suitability, consent and professional judgement.
10.3 Couples Sessions are coaching and educational services and are not psychotherapy, relationship therapy or counselling.
10.4 We The Femme does not provide sexual services. No Session involves sexual intercourse, sexual gratification of the practitioner or sexual activity between a client and practitioner.
10.5 Services are not a substitute for medical, psychological, psychiatric, physiotherapy or other appropriately qualified healthcare where such care is required.
10.6 We The Femme does not diagnose medical or psychological conditions or prescribe medical treatment unless expressly qualified and authorised to do so.
10.7 You acknowledge that individual experiences and outcomes vary and We The Femme does not warrant or guarantee any particular physical, emotional, psychological, relational, sexual, therapeutic or other outcome from a Session, Package or Program.
10.8 Information provided by We The Femme is provided within the scope of the relevant Service and must not be interpreted as a guarantee of a particular result.
11. PROFESSIONAL RELATIONSHIP, CLIENT CONDUCT AND TERMINATION
11.1 We The Femme reserves the right to determine whether a Session, Package, Program or professional relationship is suitable and appropriate having regard to professional scope, health and safety, practitioner-client compatibility, professional boundaries, practitioner wellbeing, client conduct, ethical considerations and other relevant circumstances.
11.2 We The Femme may decline to commence, or may pause, modify, discontinue or terminate, a Session or professional relationship where We The Femme reasonably considers that continuing would be unsafe, unsuitable, outside professional scope, inconsistent with professional or ethical boundaries, or otherwise inappropriate.
11.3 You must behave respectfully and appropriately towards We The Femme and any practitioner, facilitator, contractor or participant. Threatening, abusive, harassing, discriminatory, coercive, sexually inappropriate or other conduct that We The Femme reasonably considers to compromise safety, professional boundaries or the appropriate provision of a Session will not be tolerated.
11.4 Where conduct described in clause 11.3 occurs, We The Femme may immediately pause or terminate the Session, require You to leave the premises, discontinue the professional relationship and decline to provide further Services to You.
11.5 Where We The Femme discontinues a professional relationship for reasons of professional scope, suitability or practitioner-client compatibility, prepaid amounts relating to Services that will no longer be provided will be dealt with in accordance with these Conditions and applicable law.
11.6 Where a Session is terminated because of Your threatening, abusive, harassing, coercive, sexually inappropriate or other serious misconduct or material breach of professional boundaries, You will not be entitled to a refund of the Session Fee for the Session that was terminated, to the maximum extent permitted by law.
11.7 If clause 11.6 results in discontinuation of a Package, remaining unused Sessions will be dealt with under clause 7, and the Session terminated under clause 11.6 will be treated as an attended Session for the calculation under clause 7.
12. INTELLECTUAL PROPERTY
12.1 Unless otherwise stated, all intellectual property rights in materials created by or on behalf of We The Femme and provided, made available or communicated to You in connection with a Session, Package, Program, Group Session or other Service remain the property of We The Femme.
12.2 We The Femme materials may include, without limitation, written resources, PDFs, worksheets, exercises, educational materials, guided practices, meditations, audio and video content, presentations, diagrams, session-support materials, workshop materials, program content and other original resources created by We The Femme.
12.3 Where We The Femme provides You with We The Femme materials, You are granted a limited, non-exclusive, non-transferable licence to access and use those materials for Your own personal, non-commercial use only.
12.4 Unless We The Femme has provided prior written consent, You must not copy, reproduce, modify, adapt, publish, distribute, sell, license, sublicense, share, upload, transmit, publicly display, teach from, incorporate into another product, program or service, or otherwise commercially exploit any We The Femme materials.
12.5 You must not record, reproduce or distribute any Session, Program, Group Session, workshop, presentation, guided practice or other content delivered by We The Femme unless We The Femme has expressly authorised You to do so.
12.6 The restrictions in this clause do not prevent You from retaining and using materials expressly provided to You for Your own personal use, including for personal reflection, practice or integration.
12.7 We The Femme may provide Services informed by, or incorporating, third-party modalities, methods, training and intellectual property that We The Femme is authorised or qualified to use. Nothing in these Conditions claims ownership by We The Femme of intellectual property belonging to a third party, including trade marks, proprietary methods or materials owned by the creators or rights holders of those modalities.
12.8 All intellectual property rights in third-party materials remain with their respective owners and are subject to any applicable licence, permission or conditions of use.
13. PRIVACY AND CONFIDENTIALITY
13.1 We The Femme is committed to maintaining the privacy and confidentiality of personal information provided by You in connection with the Services.
13.2 We The Femme may collect personal information, including health and intake information, reasonably necessary to assess suitability, provide and administer Services, maintain appropriate records and meet legal or professional obligations.
13.3 Personal information may be processed or stored using third-party service providers engaged in the operation of the business, including booking, payment processing, video conferencing, email, electronic forms and electronic signature providers.
13.4 We The Femme will take reasonable steps to protect personal information and will not disclose it except where reasonably necessary to provide or administer the Services, with Your consent, where required or authorised by law, or as otherwise permitted by applicable privacy law.
13.5 Where You consent to receive marketing communications, You may withdraw that consent or unsubscribe at any time.
13.6 Further information about collection, use, storage, access, correction and disclosure of personal information is set out in We The Femme's Privacy Policy, as updated from time to time.
13.7 Where You participate in a Group Session or Program, You must respect the privacy and confidentiality of other participants and must not record, publish or disclose another participant's personal information or disclosures without that person's express consent.
14. LIABILITY, CLIENT RESPONSIBILITY AND ASSUMPTION OF RISK
14.1 Nothing in these Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
14.2 You acknowledge that Services may involve physical, somatic, emotional, psychological, relational or other experiential practices and that individual responses may vary.
14.3 You acknowledge that participation in somatic, embodiment, sexuality and pelvic care practices may involve physical, emotional or psychological responses, including responses that may be unexpected, uncomfortable or challenging.
14.4 You are responsible for communicating relevant information about Your health, circumstances, comfort and responses during a Session, and for exercising Your right to decline, pause, modify or withdraw from any practice in accordance with these Conditions.
14.5 To the maximum extent permitted by law, We The Femme is not liable for any loss, injury, damage or adverse outcome to the extent that it is caused or contributed to by: (a) Your failure to provide complete, accurate and current information reasonably relevant to safe or appropriate provision; (b) Your failure to disclose a material change in relevant information; (c) Your failure to follow reasonable safety instructions; (d) Your participation contrary to advice or information provided by We The Femme regarding suitability or safety; or (e) any act or omission by You that materially contributes to the loss, injury, damage or adverse outcome.
14.6 You are responsible for all travel, accommodation, parking, childcare and other third-party or incidental costs incurred by You in relation to Your attendance or intended attendance at a Session, Program or Group Session.
14.7 To the maximum extent permitted by law, We The Femme is not liable for travel, accommodation, parking, childcare, loss of income or other third-party, incidental or out-of-pocket costs incurred by You as a result of, or in connection with, the cancellation, postponement, rescheduling, relocation or other change to a Session, Program or Group Session.
14.8 Where attendance requires You to incur significant additional costs, You are responsible for considering whether refundable arrangements or appropriate insurance are required.
14.9 Clauses 14.6 to 14.8 operate subject to clause 14.1.
14.10 To the maximum extent permitted by law, We The Femme is not liable for any indirect, consequential or special loss arising out of or in connection with the Services or these Conditions, except to the extent that such liability cannot lawfully be excluded or restricted.
14.11 To the maximum extent permitted by law, You indemnify We The Femme against any loss, liability, damage, cost or expense reasonably incurred by We The Femme arising from: (a) Your unlawful, fraudulent, wilful or seriously inappropriate conduct; (b) Your material breach of these Conditions; (c) Your infringement of the intellectual property, privacy or other rights of We The Femme or another person; or (d) any claim made against We The Femme by a third party to the extent that the claim arises from Your acts or omissions, except to the extent that the loss, liability, damage, cost or expense was caused or contributed to by the negligence, unlawful conduct or breach of these Conditions by We The Femme.
15. GENERAL
15.1 These Conditions apply together with any service-specific information, intake form, informed consent form or agreement provided to You in connection with a Service.
15.2 If there is an inconsistency between these Conditions and a service-specific agreement, the service-specific agreement prevails to the extent of the inconsistency, subject always to applicable law.
15.3 No failure or delay by We The Femme in exercising a right under these Conditions constitutes a waiver of that right.
15.4 If any provision of these Conditions is determined to be invalid, void or unenforceable, that provision will be severed or read down to the extent necessary and the remaining provisions will continue in full force and effect.
15.5 These Conditions constitute the agreement between You and We The Femme in relation to their subject matter, together with any documents incorporated under clause 15.1.
15.6 You may not assign or transfer Your rights or obligations under these Conditions without the prior written consent of We The Femme.
15.7 We The Femme may communicate with You electronically using the contact details You provide.
16. GOVERNING LAW
16.1 These Conditions are governed by the laws of New South Wales, Australia.
16.2 The parties submit to the jurisdiction of the courts and tribunals of New South Wales and the Commonwealth of Australia, as applicable.