Designed to FIT you.

Terms and Conditions

Effective date: 19 May 2020.

This policy is drafted in English. If there is a conflict between a translated version and the English version of these terms then the English version shall prevail.

Please read these terms and conditions carefully before using our website and app.

This document is a legally binding agreement between you and JUNOFEMLimited. This agreement constitutes terms of use (together with the documents referred to in it, including our Privacy Policy, which govern the terms on which you may make use of our femfit® app and the website (together “our Platforms”).

Please read these terms of use carefully before using our Platforms. We recommend that you keep a copy of these terms of use for future reference. This document should be read in conjunction with our Privacy Policy.

Please consult our FAQs page or contact customer service at info@thefemfit.com for any further information you need about our products and services. You may also contact us if you would like clarification of any of these terms and conditions.

Information about us

JUNOFEM Limited (“we/our/us”) is a company registered in New Zealand with the company number 9429046771520. Our registered office address is Floor 6, 70 Symonds Street, Grafton, Auckland, New Zealand, 1010.

To contact us, please email info@thefemfit.com.

The effect of these terms

By using our Platforms you accept these terms. If you do not agree to these terms, you must not use our Platforms.

We may make changes to these terms. We may occasionally amend these terms. Every time you use our Platforms, the terms which are in place at the time will apply. Please check these terms when you wish to use our Platforms to ensure you understand the terms that apply at the time.

It is your responsibility to ensure that all those who access our Platforms through your devices are aware of these terms and conditions, and that those individual comply with such terms.

Registration and Accounts

Our Platforms are intended solely for persons over the age of 18. We do not knowingly collect personal information from anyone under the age of 18. Please contact us if you are a parent or guardian and you are aware that anyone under the age of 18 in your care has provided us with personal information. Once made aware that we have collected personal information from anyone under the age of 18, we will take steps to remove that information from our servers in a timely manner.

To use our Platforms, you must register. You agree to provide true, accurate, current, and complete information about yourself, and to maintain and promptly update. Please refer to “Your rights and obligations when using our Platforms” below for more information regarding your rights and obligations as a user of our Platforms.

Your rights and obligations when using our Platforms

How you may use material on our Platforms

  1. We are the owner or the licensee of all intellectual property rights in the layout, design, content, and graphics on our Platforms, and the material published on them.
  2. The trademark ‘femfit®’ is a New Zealand registered trademark owned by JUNOFEM Limited. You may not use that trademark in any form without our prior written approval. Any third party trademarks displayed on our Platforms are the property of their respective owners.
  3. You may print off, take screenshots or download extracts, of any page(s) from our Platforms for your personal use.
  4. You must not modify the copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  5. You may not create any derivative work of or make any adaptation to any work on our Platforms without our prior written consent.
  6. You must always acknowledge our status (and that of any identified contributors) as the authors of content on our Platforms.
  7. Any copyright, trademark, or other proprietary rights notices contained in or on our Platforms must not be removed.
  8. You must not use any part of the content on our Platforms for commercial purposes without first obtaining a licence from us to do so. 
  9. If you print off, copy or download any part of our Platforms in breach of these terms of use, your right to use our Platforms will cease immediately and you must destroy any copies of the materials you have made.

Keep your account details safe

  1. Account details include your name, identification name, email address, and account password.
  2. It is your sole responsibility to keep your account details confidential and to restrict access to your password, your computer, and mobile device when using our Platforms. You must not disclose your account details to any third party.
  3. You must immediately notify us at info@thefemfit.com if you know that there has been unauthorised access to your account.

Accuracy and completeness of information

  1. We constantly update and improve the content provided by us on our Platforms. Therefore, it is possible that information may be unavailable or otherwise inaccurate. You expressly agree that information obtained by you from our Platforms shall create no warranty on our behalf.
  2. We do not proactively and routinely screen or monitor the content uploaded on our Platforms by other users. Therefore, we do not guarantee the accuracy, integrity or quality of such content.
  3. All content on our Platforms is provided for general information only. It is not intended to amount to advice on which you should rely on. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any kind of loss or damage incurred as a result of the use of any content available on our Platforms.
  4. You agree to bear all risks associate with the use of any content available on our Platforms, including any reliance on the accuracy, completeness, or usefulness of such content.
  5. Although we make reasonable effort to update information available on our Platforms, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete, or up to date.
  6. Please contact us at info@thefemfit.com if you would like any clarification on any information available on our Platforms.

Uploading content to our Platforms

  1. When you upload content to our Platforms or make contact with other users of our Platforms via any feature on our Platforms, you must comply with the content standards set out under the heading “Acceptable use of our Platforms” of these terms and conditions.
  2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
  3. Any content uploaded by you to our Platforms will be considered non-confidential and non-proprietary. All ownership rights in your content will be retained by you, but you are required to grant a limited license to use, store, and copy that content and to distribute and make it available to third parties.
  4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platforms violate their intellectual property rights, or their right to privacy.
  5. We have the right to remove any posts you make on our Platforms if, in our opinion, your post does not comply with these terms and conditions.
  6. You have the sole responsibility to secure and back up your content.

Our Platforms are only provided for private use. You agree not to use our Platforms for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Our rights and obligations when you use our Platforms

  1. We reserve the right to terminate this agreement, and/or the right to terminate or suspend your access to our Platforms or disable your account, at any time if in our reasonable opinion your use of the Platforms breaches any of our terms and conditions or our privacy policy.
  2. We are required to keep your personal information safe and secure, and to control and process it in accordance with the Privacy Bill 2018 (the ‘Bill’). Full details of our obligations and your rights can be found in our privacy policy.
  3. We are not responsible for websites/content we link to.
  4. User generated content uploaded to, or linked through, our Platforms should not be interpreted as approval of that content or information by us. We make no representation or warranty, and accept no liability, for material published on our Platforms which is user-generated.
  5. We may update and make changes to our website and app from time to time to reflect changes to the advice we recommend, information, and our users’ needs. We will give timely notice regarding any major change.
  6. We do not guarantee that our Platforms, or any content available on them, will always be available or be uninterrupted. Availability of all or any part of our Platforms may be suspended or withdrawn or restricted for any reason at any time. Where we deem appropriate, we will try to give you reasonable notice of any suspension, withdrawal or restriction.
  7. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, revocable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display any content you upload or post to our Platforms, provided that such use complies with our requirements under privacy and data protection laws.    

Acceptable use of our Platforms

Prohibited uses of our Platforms. The following uses of our Platforms are prohibited:

  1. Use in any way that breaches any applicable local, national, or international law or regulation.
  2. Use in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  3. Use for the purpose of harming or attempting to harm minors in any way.
  4. Sending, knowingly receiving, uploading, downloading, using or re-using any material which does not comply with these terms and conditions.
  5. Transmitting, or procuring the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  6. Transmitting any materials which are not your own, or that you do not have a right to transmit.
  7. Knowingly transmitting any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  8. Impersonate any entity or person, or otherwise falsely state or misrepresent an affiliation with us, our affiliates or any other person or entity.
  9. Accessing or attempting to access another user’s account without that person’s consent.
  10. Allowing others to access your account, selling access to, reproducing, duplicating or copying any content on the Platforms and/or your account in contravention of these terms.

Contributions uploaded to our Platforms. Any contribution you upload to our Platforms must be accurate, be genuinely held, and comply with the applicable law. Content must not:

  1. Be likely to deceive any person.
  2. Contain any material which is defamatory of any person.
  3. Contain any material which is obscene, offensive, hateful, inflammatory, of a sexually offensive or discriminatory nature.
  4. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  5. Infringe any copyright, database right, trade mark, trade secrets or other proprietary information of any other person.
  6. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  7. Be likely to harass, upset, embarrass, alarm or annoy any other person.
  8. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Linking to our Platforms

You have a limited, non-exclusive right to link to our Platforms for non-commercial use, provided that you do so in a way that is fair and lawful and does not damage our reputation or take advantage of it. You may not create a link to our Platforms which is false, misleading, derogatory or defamatory in any way. The linking site shall not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.

We reserve the right to withdraw linking permission without notice.

The platforms in which you are linking must comply with all respects of the acceptable use standards set out under the heading “Acceptable use of our Platforms” of these terms and conditions.

If you wish to link to or use any other content from our Platforms other than that set out above, please contact info@thefemfit.com for our permission. All permission is at our sole discretion. 

Your health

Your health is of importance to us and all of the information we provide on our Platforms is intended to assist you in making the best decisions for your own care and wellbeing. However, the advice may not be appropriate for each and every one of our customers. We recommend that you seek specialist medical advice from a qualified health professional if you experience any discomfort after using our product.

Limitation of liability

We hereby expressly exclude, to the fullest extent permitted by applicable laws, our liability for any direct, indirect, incidental, special, or consequential damages which arise as a result of loss due to you using our Platforms, the information provided to you via our Platforms, or the use of our products, even if foreseeable.

We provide no warranty that our Platforms’ functionality will be uninterrupted, and not that the Platforms will be available, secure, and free of viruses or other harmful components.  

We provide no warranty as to the accuracy, quality, or fitness for purpose of the information or content displayed on the Platforms.

Nothing in this provision affects our liability for death or personal injury arising from negligence, nor does it exclude liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under the applicable law.

To the extent that your statutory rights as a consumer cannot be limited, these terms do not limit such rights.

For consumers residing in the European Union, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.

Indemnity

You agree to indemnify and hold us harmless from any claim, proceedings or demand made by a third party due to, or arising as a result of, a violation by you of our terms and conditions (including our privacy policy), or any applicable laws, regulations, or third party rights.

Governing law and jurisdiction

These terms and conditions (and any dispute arising out of, or related to them) shall be governed by the laws of New Zealand. You hereby submit to the exclusive jurisdiction of the courts of New Zealand in relation to these terms and conditions (and any dispute arising out of or related to them).