Terms & Conditions

Definitions

Introduction

Femma is an online women’s health platform. The Femma platform creates and provides paid subscribers with access to products and content that relate to women’s health. Subscribers to the Femma platform can also access confidential telehealth consultations with:

• Associate Doctor
• Associate Practitioner

Our Website, Content and any communications you have with us is of a general nature only and does not take into account your particular circumstances, nor constitute medical advice. It is not intended to diagnose, treat or manage any health condition or disease.

Acceptance of these Terms

Your understanding, acceptance of, and compliance with, these Terms, Privacy Policy and our Telehealth Consent is a condition of your access to and use of this Website. 

Femma reserves the right to review and amend these Terms from time to time at our sole discretion. We will give reasonable notice of any changes. Your continued access to and use of this Website will be conditional on your agreement to such changes.

User responsibility

To attend confidential telehealth consultations and communicate with Associate Doctors and Associate Practitioners you must register for an account with Femma. 

Registered account holders must:

• be over 18 years old;
• reside in Australia; and
• be capable of entering into a legally binding agreement with Femma. 

You must not provide or reveal your login details to any other person. You are responsible for protecting the security and privacy of your login details and must notify us immediately in the event they are lost or if you know of or suspect any unauthorised use. You are solely responsible for all activity that occurs under your account.

Products and Services

The Femma platform connects you with Associate Doctors and Associate Practitioners; but we do not ourselves provide medical advice or services, nor are we a pharmacy or pathology provider. 

Femma takes no responsibility and makes no warranties, express or implied, in relation to the content of any consultation between you and the Associate Doctors or Associate Practitioners. You and the Associate Doctors or Associate Practitioners are responsible for the conduct of the consultation and all information or communications made.

The Associate Doctors or Associate Practitioners take exactly the same personal responsibility for you as they would if they were seeing you in person. The Associate Doctors or Associate Practitioners will make notes of their consultation with you and it is their responsibility to hold and maintain your records as required by law. 

Femma may from time to time hold copies of notes made by the Associate Doctors or Associate Practitioners. Femma does not guarantee that an online consultation is the appropriate course of treatment for your particular health care problem. This assessment will be made by the Associate Doctors or Associate Practitioners. 

You agree to contact your own doctor immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.

You agree that if you suffer from any noticeable side-effects, you will contact Femma to facilitate a further consultation with an Associate Doctor or Associate Practitioner.

Associate Pharmacy:

Femma is not a pharmacy and therefore does not dispense any medicines. You can fulfil your prescription through a pharmacy of your choice by contacting hello@femma.com.au. In cases where you prefer to use our Associate Pharmacy, Femma will facilitate the supply of medication and payment process as your agent, including passing your payment onto the Associate Pharmacy on your behalf.

Femma’s pricing of pharmacy products is comprised of:

• amounts we collect and pass onto the Associate Pharmacy, for the cost of medications;
• amounts we collect and pass onto the Associate Pharmacy, as a service we provide; and
• providing access to the Femma platform, personal care products and consultations.

This is important as the cost charged for medications is commensurate with the actual Pharmacy charges. No margin is applied to charges for medications.

Femma’s pharmacy fees are charged at the time a checkout is completed. The fee is determined after an Associate Doctor has indicated what (if any) medication is to be prescribed and you have advised whether you wish to receive medication from the Associate Pharmacy, so that (if required) the actual cost of that medication (which we collect and pass on to the Associate Pharmacy on your behalf) can be incorporated into the fee.

Femma’s Associate Pharmacy is Medmate. A copy of the Medmate Terms and Conditions can be found here: https://medmate.com.au/terms-and-conditions/. The pharmacies that Medmate dispense from include:

Optimal Pharmacy+ Norwest

Shop T28A/B Northwest Marketown,

4 Century Circuit,

Baulkham Hills NSW 2153

Prahran Midnight Pharmacy

416-418 High St, Prahran VIC 3181

Optimal Pharmacy+ Altone Park

Altone Shopping Centre,

Shop 12-13, 161 Altone Rd,

Beechboro WA 6063

If you choose to purchase medication through Femma, we will be sharing information with our Associate Pharmacy so they can dispense and fulfil your medications. By choosing to purchase medication through Femma you consent to uploading an electronic prescription from Femma for the purposes of online medication ordering with the Medmate platform and consent to Medmate’s Terms and Conditions and Privacy Policy. You can also ask Femma’s registered pharmacist any questions that you may have about your medications via our ‘ask the pharmacist’ feature before purchasing medications through Femma.

Subject to any stated refund obligations, we may not be held liable or responsible for their delivery, quality, suitability for your symptom(s) or condition(s), conformity to expected specifications, effects (or lack thereof), or anything directly linked to your ordering and receipt of such medications. You must refer to Medmate’s Terms and Conditions to establish your rights for this.

Femma does not accept returns on pharmacy or over the counter Products purchased from our Associate Pharmacists. Our Associate Pharmacists follow a strict code of professional practice to ensure that the medicines and products they sell have been produced and stored under strict conditions. It would also not be possible for us to confirm whether returned medicines have been stored properly or have been tampered with.

Subscription, Sales, Cancellations and Refunds

Subscription:

The cost of a Femma subscription is charged to your nominated credit or debit card each month. You can view pricing and what is included in your subscription here: https://femma.com.au/how-it-works/  

We may, upon written notice to you, change the price for your current subscription, to take effect the next time you renew your subscription.

All charges and prices as shown on our website are in Australian Dollars and inclusive of GST where applicable and delivery charges. 

You may cancel a paid Femma subscription at any time by emailing hello@femma.com.au. 

Consultations:

Additional consultations, beyond what is included in your subscription, can be purchased within your account. 

Additional consultations can only be purchased once you have used the consultations included within your subscription.

If you purchase an ad-hoc consultation, you cannot purchase another consultation until you have completed all live consultations. 

Text based consultations will expire 7 days after the Associate Doctor or Associate Practitioner makes contact with you, if you do not reply to any Associate Doctor or Associate Practitioner’s questions.

For video consultations you must use a computer or mobile device capable of video streaming (eg. with a webcam, microphone and speakers or headphones). Access to a high-speed reliable internet connection (suitable bandwidth for video consultation) and a suitable quiet and private area to consult are advisable. 

Payment types:

We accept all major credit cards including MasterCard and Visa. 

There is no surcharge for MasterCard or Visa transactions on the Website. 

Please be sure to provide your exact billing address and telephone number. Incorrect information may cause a delay in processing your order. 

Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point (except in the case of recurring orders, where your credit card details will be stored in Stripe, our third-party service provider.) 

Cancellation, Returns and Refunds:

You can cancel your subscription at any time. 

If you cancel, your subscription will expire at the end of your subscription period and will not renew.

If you have an unused consultation still available in your account, you will be able to access this consultation anytime up until the end of your subscription period.

In the event that we cannot fulfil an order, or if some purchased items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.

We can only refund back to the payment method and card used for the original charge.

Fulfilment and Shipping‍

Orders can be sent within Australia only. 

Products can only be purchased and sent to Australian residents with Australian addresses. Femma is unable to send Products to PO boxes. 

Our Associate Pharmacists fulfill your order within 5-7 business days.‍

Orders typically take 3-5 business days to arrive and a shipping fee may apply at checkout.

Medicare and health insurance cover and rebates

Medicare benefits are not claimable for all Femma text based consultations.

Medicare benefits may be claimable for Femma video consultations.

Health insurance rebates are not available.

Copyright and Intellectual Property

Unless expressly indicated otherwise:

• Femma reserves all rights (including intellectual property rights), title and interest, in and to, the Website and Content; and
• all trademarks, service marks, trade names and branding associated with the Website are owned, registered and/or licensed by Femma.

Femma grants you a worldwide, non-exclusive, royalty-free, revocable license when you access the Website to:

• use the Website and Content pursuant to these Terms;
• store the Website and Content in your device’s cache memory; and
• print pages from the Website for your own personal and non-commercial use. 

All other rights are expressly reserved by Femma. You may not, without our prior written permission, and the permission of any other relevant rights owners (if applicable), broadcast, republish, upload to a third party, transmit, distribute, link to, show in public, frame, mirror, adapt or change in any way Content that you obtain from the Website, unless:

• otherwise allowed by these Terms; or
• The Content in question is freely available for re-use or in the public domain. 

User Content

Femma permits subscribers to post or submit content on the Website (User Content). By posting or submitting User Content you grant Femma a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, transferable, unrestricted license to use, copy, modify, distribute and sell User Content for the purpose of providing the Website and Content to you. 

You will not receive compensation of any kind for the use of any User Content submitted or posted by You. 

We reserve the right at all times, in our sole discretion, to review and screen User Content and to edit, move, delete or refuse to accept any User Content that Femma considers to be unacceptable, inappropriate or contrary to these Terms. 

Any use by you of User-Content is entirely at your own risk. 

Links and third-party information

Links and third-party information available on or via the Website, including User Content, are not supplied, maintained or operated by Femma. To the maximum extent permitted by law, we do not represent or warrant such links or information to be accurate, adequate, correct, up to date, suitable, legal, of a particular quality, or complete. Femma disclaims all liability in respect of all third-party links and information.

The inclusion of links and third-party information on the Website does not imply or constitute our endorsement of, or acceptance of responsibility for the same.

The Website may contain third-party website links, as well as information and other content supplied by third parties (“Third Party Material”). 

We do not endorse, approve or make any warranty or claim regarding Third Party Material (nor the conduct of third parties, or products, services or information available on third party websites). If you use or rely upon Third Party Materials, you do so solely at your own risk.

Privacy, data security and cookies

You acknowledge that you have read and understood our Privacy Policy accessible at https://femma.com.au/privacy-policy/.

Femma will, from time to time, receive and store personal information from you, including when you register for a Femma account or interact with the Website or Content. Without limiting anything in our Privacy Policy, Femma may:

• collect information, such as mobile unique device ID, the IP address of your device, your operating system, the type of internet browser you use and information about the way you access and use the Website and Content; and
• use cookies on our Website. A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors are experiencing the Website. This information will help to better adapt the Website to suit personal requirements. While cookies allow a computer to be identified, they do not permit any reference to a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

The transmission and exchange of information, and access to the Website, is carried out at your own risk. Although Femma takes measures to safeguard against unauthorized access to and disclosure of information, we do not warrant, represent or guarantee the security of any information that you transmit to us or receive from us or the Website. Further, we do not warrant that any information, data, software or other material accessible from our website is free of computer viruses, Trojan horses, worms, or other computer programs, code or other harmful components.

You must ensure that the device used to access the Website is protected by up-to-date anti-virus and malware protection.

Consent to receive text-based, email and video-based communications

By registering as a subscriber/registering an account, you are agreeing to receive communications from Femma, including emails, text-based and video-based communications. Where reasonably practicable, we give subscribers an opportunity to choose their preferred method of communication.

If you would like to stop receiving communications from Femma at any time or close your account, please contact hello@femma.com.au. 

Limitation of liability

The Femma platform creates and provides access to products and content that relate to women’s health. Subscribers to the Femma platform can also access confidential consultations with Associate Doctors and Associate Practitioners. 

Whilst we have taken steps to ensure that Associate Doctors and Associate Practitioners are  suitably qualified, skilled and trained, we do not make any representation or warranty about their qualifications, skill or suitability. You release us from liability in respect of any and all acts, omissions or defaults (whether negligent or otherwise) of any practitioner or other third party with whom you come into contact through the Website.

Femma does not guarantee that Advice from, or a consultation with, our Associate Doctors or Associate Practitioners will be clinically appropriate or otherwise suitable for your individual circumstances. Associate Doctors can assist you with select areas of women’s health, however Femma recommends that you maintain a regular doctor. An Associate Doctor is not a replacement for a relationship with a regular GP. 

The Website, Content and/or Advice is not for medical emergencies or situations requiring urgent medical review.

Where you obtain Advice, a contract and professional practitioner-client relationship will be formed between you and the Associate Doctor or Associate Practitioner. You may be required to enter into a written contract or agree to specific terms and conditions, prior to accessing a consultation or Advice.

To the extent permitted by law, you agree to release us from and indemnify us and hold us harmless against all costs, losses, expenses, claims, liabilities and damages incurred by you or any third party arising out of your access or use of the Website, Content or Advice.

You agree to accept all liability for any:

• breach;
• negligence; or
• fraudulent or dishonest conduct,

by you or any person using your login details.

Discontinuation and termination of access

We may terminate, disable, block or limit your access to or use of the Website at any time if, in our absolute discretion, we consider that you have misused it or are in breach of these Terms.

Dispute resolution

If a dispute arises out or in relation to these Terms, you must not commence legal proceedings in relation to the dispute (except where urgent interlocutory relief is sought) without first:

• giving us written notice dealing the nature of the dispute, the desired outcome and the action required to settle the dispute; and
• using reasonable endeavours to attempt to resolve the dispute. 

Jurisdiction

The Website and Content are intended to be accessed and viewed by residents of Australia. Femma doesn’t make any representations or warranties about the Content and/or availability of treatment and management options in different countries. 

These Terms are governed by the law of Western Australia. 

Severance

If any part of these Terms is found to be void or enforceable by a Court or Tribunal of competent jurisdiction, that part shall be severed, and the rest of these Terms shall remain in force.