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FEMMI TERMS OF USE
1 APPLICATION OF TERMS
1.1 These Terms apply to your use of the App (as that term is defined below).
1.2 If you are aged 18 or older, you are only permitted to download, install, access and use the App if you have read, understand and agree to these Terms.
1.3 If you are under the age of 18, you are only permitted to download, install, access and use the App if your parent or legal guardian has read, understood and agreed to these Terms.
1.4 By clicking [I agree] when downloading, installing or first accessing or using the App or by downloading, installing, accessing or using the App:
a. you agree to these Terms;
b. if you are under the age of 18, you confirm that your parent or legal guardian has read, understood and agreed to these Terms; and
c. if you are clicking [I agree] or downloading or installing the App on your child’s behalf, you agree that your child’s use of the App is bound by these Terms.
1.5 If you do not agree to these Terms, you and (if applicable) your child are not authorised to download, install, access or use the App, and you must immediately stop and (if applicable) ensure that your child immediately stops doing so.
1.6 In the remainder of these Terms, references to you in these Terms means:
a. if you are clicking [I agree] or downloading, installing, accessing or using the App on your own behalf, you; and
b. if you are clicking [I agree] or downloading or installing the App on behalf of your child aged under 18, both you and your child.
2 CHANGES
2.1 Subject to clause 2.3:
a. we may change these Terms at any time by notifying you of the change via the App, by email or by posting a notice on the Website; and
b. unless stated otherwise, any change takes effect immediately.
2.2 You are responsible for ensuring you are familiar with the latest Terms.
2.3 If you do not agree to a change to these Terms, you may terminate these Terms and your right to access and use the App by deleting the App from your device. If you do not exercise your termination right under this clause, and you continue to access and use the App from the date on which the Terms are changed, you agree to be bound by the changed Terms.
2.4 We may change, suspend, discontinue, or restrict access to, the App without notice or liability.
2.5These Terms were last updated on 22nd November 2024.
3 INTERPRETATION
In these Terms:
App means the Femmi mobile app.
Content means all data, content, and information (including personal information) that you input into the App or that you allow the App to access (e.g. data from other apps on your device or from linked devices such as fitness trackers and smart watches). Fees means the applicable fees set out on our pricing page on the Website at femmi.co, as may be updated from time to time in accordance with clause 8.5.
including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity.
Intellectual Property has a consistent meaning, and includes any enhancement, modification, or derivative work of the Intellectual Property.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.a party includes that party’s permitted assigns. a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
personal information means information about an identifiable, living person.Start Date means the date that you first download, install, access or use the App. Terms means these terms titled Femmi terms of use.
Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide the App, including any third party solutions, systems and networks.
User ID means a unique name and/or password allocated to you to allow you to access and use the App or certain parts of the App.
We, us or our means Femmi Co Limited, a New Zealand company, NZBN 9429049489088.
Website means the internet site at www.femmi.co, or such other site notified to you by us. Words in the singular include the plural and vice versa.
4 PROVISION OF APP
4.1 Our provision of the App to you is non-exclusive. Nothing in these Terms prevents us from providing the App to any other person.
4.2 It is possible that on occasion the App may be unavailable to permit maintenance or other development activity to take place, or due to events outside our control.
4.3Through the use of web services and APIs, the App interoperates with a range of third party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.
4.4 To the extent permitted by law, you acknowledge and agree that:a. any information, opinion or content provided via the App has been prepared for the purpose of providing information, and is designed for educational purposes only. No information, opinion and content is intended to provide medical advice or is designed to rectify, treat or cure any specific medical condition, disease, or disability. You should not rely on this information, opinion or content as a substitute for medical advice or professional diagnosis or treatment. We suggest you seek the advice of a healthcare professional, as appropriate, regarding the evaluation of any specific information, opinion or content you obtain via the App; andb. any content made available to you via the App is based on information provided by you, and you are solely responsible for ensuring that the information provided is accurate and up to date.
5 YOUR OBLIGATIONS
5.1 You must:
a. use the App in accordance with these Terms solely for your own lawful, personal and non-commercial purposes; and
b. not resell or make available the App or any content contained in, or information derived from, the App to any third party, or otherwise commercially exploit the App or any content contained in, or information derived from, the App.
5.2 If you are given a User ID, you must keep your User ID secure and:a. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and b. immediately notify us if you become aware of any disclosure or unauthorized use of your User ID, by sending an email to [email protected].
5.3 You must not:
a. make or distribute copies of the App;
b. decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the App from object code except to the extent expressly permitted by applicable law or treaty despite this limitation;
c. sell, rent, lease, license, sublicense, resell or otherwise transfer the App; ord. modify, adapt or translate the App, or merge all or any part of the App with any other software or source code.
5.4 When accessing and using the App, you must:
a. not impersonate another person or misrepresent authorisation to act on behalf of others or us;
b. not attempt to undermine the security or integrity of the Underlying Systems;
c. not use, or misuse, the App in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the App;
d. not attempt to view, access or copy any material or data other than:
i. that which you are authorised to access; and
ii. to the extent necessary for you to use the App in accordance with these Terms; and
e. neither use the App in a manner, nor transmit, input or store any Content, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading.
5.5 You are responsible for procuring all licences, authorisations and consents required for you to use the App, including to use, store and input Content into, and process and distribute Content through, the App.
5.6 To the maximum extent permitted by law, you indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses the App by using your User ID, except to the extent that the failure is caused by our negligence or misconduct or the negligence or misconduct of our personnel.
6 iOS Terms
6.1 This clause 6 applies if you download, install, access or use an iOS version of the App (i.e. an App for use with iPhones, iPads and other Apple devices).
6.2 You and we acknowledge and agree that:a. the licence for the App is concluded between us and you only, and not with Apple Inc. or any of its subsidiaries (together, Apple); andb. we, not Apple, are solely responsible for the App and the content of the App.
6.3 The licence granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the usage rules set out in the Apple Media Services Terms and Conditions (available at http://www.apple.com/legal/internet-services/itunes/us/terms.html), except that the App may be accessed, acquired, and used by other accounts associated with you as set out in the Apple Media Services Terms and Conditions.
6.4 We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
6.5 We, not Apple, are solely responsible for any product warranties relating to the App, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to an applicable warranty:
a. you may notify Apple, and Apple will refund to you the purchase price (if any) for the iOS version of the App; and
b. to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.
6.6 We, not Apple, are solely responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including:
a. product liability claims;
b. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
c. claims arising under consumer protection or similar legislation.
6.7 You and we acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, we, not Apple, are solely responsible the investigation, defence, settlement and discharge of such intellectual property infringement claim.
6.8 You represent and warrant that:
a. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
b. you are not listed on any U.S. Government list of prohibited or restricted parties.
6.9 You must comply with applicable third party terms when using the App (e.g. your wireless data service agreement);
6.10 We and you agree that Apple is a third party beneficiary of this clause 6 and that, you’re your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this clause 6 against you as a third-party beneficiary of this clause 6.
6.11 Questions, complaints or claims with respect to the App should be directed to:
Femmi Co Limited
Address: 97 Fourth Avenue Tauranga 3110 New Zealand
Phone: +61 423 591 783
Email: [email protected]
7 CONTENT
7.1 Title to, and all Intellectual Property Rights in, the Content (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Content for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
7.2 You must arrange all consents and approvals that are necessary for us to use, store, copy, modify, make available and communicate the Content as described in clause 7.1.
7.3 You acknowledge and agree that:
a. we may:
i. use Content and information about your use of the App to generate anonymised and aggregated statistical and analytical data (Analytical Data); and
ii. use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights;
b. our rights under clause 7.3aii above will survive termination or expiry of these Terms; and
c. title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
7.4 To the extent Content is personal information, in collecting, holding and processing that information through the Service, we will comply with our privacy policy at femmi.co/privacy-policy, the New Zealand Privacy Act 2020 and any other applicable privacy law.
7.5 You agree that we may store Content (including any personal information) in secure servers located outside New Zealand (the country where we are incorporated) and also outside of the country where you reside, and we may access that Content (including any personal information) located outside New Zealand, outside of the country where you reside and in New Zealand from time to time.
8 FEES
8.1 This clause 8 applies if you have subscribed to a feature of the App that is subject to the payment of a $19.99 monthly fee or $179.99 annual fee (Premium Feature).
8.2 The Fees will be charged to your valid debit/credit card in advance of each month or year as selected during sign up.
8.3 Unless you cancel your subscription to the Premium Feature by using the subscription feature in iOS settings, at the end of each month we will automatically roll over your subscription for a further month.
8.4 If we are unable to collect the Fees from your debit/credit card for any reason, including where your card has expired or there are insufficient funds, you remain responsible for any uncollected amounts and we may suspend or cancel your access to the Premium Feature without giving you notice.
8.5 We may increase the Fees with effect from the start of a month by giving at least 30 days’ notice. If you do not wish to pay the increased Fees, you may terminate your subscription to the Premium Feature by using the subscription feature in your iOS settings, or you may terminate these Terms and your right to access and use the App by deleting the App from your device, provided you do so before the effective date of the Fee increase. If you do not terminate your subscription to the Premium Feature or terminate these Terms and your right to access and use the App in accordance with this clause, you are deemed to have accepted the increased Fees.
9 INTELLECTUAL PROPERTY
9.1 Subject to clause 7.1, title to, and all Intellectual Property Rights in, the App, the Website, and all Underlying Systems is and remains our property (and our licensors’ property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
9.2 If you provide us with ideas, comments or suggestions relating to the App or Underlying Systems (together feedback):
a. all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
b. we may use or disclose the feedback for any purpose.
9.3 You acknowledge that the App may link to third party websites or feeds that are connected or relevant to the App. Any link from the App does not imply that we endorse, approve or recommend, or have responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.
10 DISCLAIMERS
10.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a. the App being unavailable (in whole or in part) or performing slowly;
b. any error in, or omission from, any information made available through the App;
c. any exposure to viruses or other forms of interference which may damage your computer and mobile phone systems or expose you to fraud when you access or use the App. To avoid doubt, you are responsible for ensuring the process by which you access and use the App protects you from this; and
d. any site linked from the App or any feature made available by third parties (including features provided by our payment service providers) in relation to the App. Any link on the App to other sites, and any associated third party feature does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or features or their contents, operations, products or operators. You must ensure you comply with any applicable third party terms governing the use of any such sites or features.
10.2 We make no representation or warranty that the App is appropriate or available for use in all countries or that any information made available through the App satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the App and any information made available through the App is not illegal or prohibited, and for your own compliance with applicable local laws.
10.3 To the maximum extent permitted by law, all conditions, guarantees and warranties whether expressed or implied by statute or otherwise in connection with these Terms, the App or your access and use of (or inability to access or use) the App are expressly excluded.
11 LIABILITY
11.1 To the maximum extent permitted by law:
a. you access and use the App at your own risk; and
b. we are not liable or responsible to you or any other person for any Loss in connection with these Terms, the App, or your access and use of (or inability to access or use) the App. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
11.2 To the maximum extent permitted by law and only to the extent clause 11.1 does not apply or does not limit or exclude any liability:a. our maximum aggregate liability under or in connection with these Terms or relating to the App, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any month exceed an amount equal to the Fees paid by you in that month (or, if you did not paid any Fees in that month, NZD10); and b. we are not liable to you under or in connection with these Terms or the App for any consequential, indirect, incidental or special damage or Loss of any kind.
11.3 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the Consumer Guarantees Act 1993 (New Zealand) or any other consumer protection law that cannot be excluded, or limiting any liability that cannot be limited or excluded under applicable law. To the extent our liability cannot be excluded but can be limited our liability is limited as set out in clause 11.2.
11.4 You must take reasonable steps to mitigate any loss or damage, cost or expense you may suffer or incur arising out of anything done or not done by us under or in connection with these Terms or the App.
12 TERMINATION AND SUSPENSION
12.1 You may terminate these Terms and your right to access and use the App at any time by deleting the App from your device.
12.2 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your right to use the App (or any part of it). If we suspend or terminate your right to use the App, you must immediately cease using the App and must not attempt to use it again.
12.3 Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
12.4 To the maximum extent permitted by law, no compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any Fees that you have already paid.
13 GENERAL
13.1 We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by an event that is beyond our reasonable control.
13.2 No person other than you and us has any right to a benefit under, or to enforce, these Terms.
13.3 For us to waive a right under these Terms, that waiver must be in writing and signed by us.
13.4 If we need to contact you, we may do so via the App, by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications. You may give notice to us under or in connection with these Terms by emailing [email protected]
13.5 These Terms, and any dispute relating to these Terms or the App, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the App.
13.6 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 7.6, 9, 10, 11, 12.3, 12.4 and 13.5, continue in force.
13.7 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
13.8 Subject to clauses 2.1 and 8.5, any variation to these Terms must be in writing and signed by both parties.
13.9 These Terms set out everything agreed by the parties relating to the App, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to the App that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date. The parties agree that it is fair and reasonable that the parties are bound by this clause 13.9.
13.10 You may not assign, novate, subcontract or transfer any right or obligation under these Terms.