The following General Terms and Conditions provide the legal framework for using the Femved services (www.femved.com) Therefore please carefully read these General Terms and Conditions.
Last revised: October 2022
1. USER TERMS & CONDITIONS GENERAL
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
1.3. We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the services following such change, it is deemed as consent by You to the so amended policies. Your continued use of the services is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2. HEALTH REQUIREMENTS
2.1 You will use the Femved Services at your own risk. Anytime you use the Femved Services you must be in good health. If you have any known preexisting illnesses or health conditions, please first consult a physician before you begin to use the Femved Services. This is particularly important if you suffer from any cardiovascular conditions, spinal and/or joint problems, or other health limitations that limit your yoga or diet performance.Please do not use the Femved Services if, for example, you experience considerable pain, general malaise, shortness of breath, nausea, or dizziness. In such cases please consult your physician before you begin or continue to use Femved.
2.2 Femved hereby expressly clarified that, the Information that you obtain or receive from us, is for informational and User’s personal purposes only. FEMVED IS NOT MEANT TO BE A SUBSTITUTE FOR EMERGENCY MEDICAL CARE OR ANY MEDICAL CARE, FOR YOUR MEDICAL CONDITION DO VISIT YOUR PHYSICIAN.
Specifically, Femved disclaims any liability arising out of:
a. Any pre-existing medical condition; or
b. Any adverse drug reaction (due to any act or omission based on information found on the website, or otherwise); or
c. Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User.
d. Femved does not prescribe any medication, it is a suggestive diet and exercise platform, and is not liable for any medical conditions that occur on account of user’s negligence.
e. Femved disclaims any representation and/or warranty for the security, reliability, quality, timeliness, and performance of (i) the application and its features; (ii) any service information, content or advice available on or received through the application (iv) access to or alteration of user content or Femved content (v) transmissions or data and (vi) any other matter relating to the application and / or services.
f. You agree that the open and real-time nature of the platform make it impossible for Femved to vouch for the validity, authenticity and honesty of user content. Femved is not responsible for any user content on the application, or for the consequences of you reading or relying on such content.
g. Femved does not provide any guarantee and shall not be held liable or responsible for the failure to send any communication, notification or reminder to you whether as a feature of the application or not.
h. Femved shall not be responsible or liable for any breach or loss of data including personal information caused due to events beyond the control of Femved due to technical reasons or third party actions.
i. You understand that there are inherent risks involved in receiving services over a mobile/computer platform, which include:
i.1. Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate decision making by a Expert;
i.2. Your Expert may neither be able to provide medical treatment to You nor provide for or arrange for care that You may require in the case of an emergency;
i.3. Security protocols could fail, causing a breach of privacy of Your confidential medical information.
i.4. A lack of access to complete medical records may result in errors in medical judgment.
i.5. User may expect the anticipated benefits from the Services provided by Femved, Practitioners and its authorized representatives, but no results can be guaranteed. User’s condition may not be cured or improved, and in some cases, may get worse.
3. ONLINE CONSULTATION AND SERVICE USAGE
3.1 Online consultation
You are advised not to use online consultation services in case of any medical emergencies like accidents, bleeding injuries, burns, sexual abuse/assault, medicolegal cases or if You are in a critical condition.
The Services are not a replacement for emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. In Medical Emergency (defined hereunder), please contact emergency services and/or rush to the nearest hospital. “Medical Emergency” will include a serious and unexpected situation that may involve illness or injury and requiring immediate medical attention in the absence of which, possess an imminent threat/risk to life and can potentially lead to death in the absence of the medical attention.
Online consultation services are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and the Services are meant for general consultation only. If after online consultation, if it is recommended to undergo any diagnostic tests or if You are issued with a Prescription, the same are provided based on the information and preliminary examination, hence the same shall not be treated as accurate, final and conclusive. Practitioners reserve their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation.
Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Femved services. The Users shall not rely on any other external modes of communication for interacting/communicating with the
3.2 User’s obligation
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
1. You hereby certify that you are a woman of at least 18 years of age. Suitable legal course will be followed if these conditions are violated
2. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Application, including, without limitation, any usage rules set forth in this Agreement.
3. Where a minor may access or use the Application or Service, You will ensure that such access or use happens through Your account and under Your personal supervision. Further, You accept to be accountable and liable for the activity of the minor on the Application, including in respect of the Services availed on the Application;
4. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
5. You will use the Application solely for Your personal and non-commercial use. Any use of this Application or its content other than for personal purposes is strictly prohibited.
6. The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Femved of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
7. Without prejudice to the generality of the above, Femved is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner/Expert. User understands and agrees that Femved will not be liable for:
a) User interactions and associated issues User has with the Practitioner/Expert;
b) the ability or intent of the Practitioner(s)/Expert(s) or the lack of it, in fulfilling their obligations towards Users;
c) any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
d) inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
e) any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
f) cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, Femved Services.
g) Femved is not responsible for any services, advices, prescription received from practitioner/expert out of Femved’s services.
4. CONCLUSION OF CONTRACT, USER ACCOUNT
4.1 Registration process
4.2 Registration online at www.femved.com
If you register on our website www.femved.com, a user agreement between you and Us will result after you have completed the registration process.
4.3 Conclusion of contract for paid membership
You can activate additional services by purchasing a paid membership. If you purchase additional services on our website www.femved.com, a binding contract will result when you click on the “Buy Now” button or a comparable button and you have successfully entered your payment information.
4.4 Correction of input errors
If you wish to purchase a membership on our website www.femved.com, you may cancel the transaction at any time. You can also correct any input errors until you have successfully input your payment information.
5. CONTRACT TERMS
5.1 User agreement
The user agreement between you and Us that results when you open a user account will remain in effect for an indefinite term and will end when you cancel the membership and terminate the user agreement.
6.1 User agreement
You may cancel your user account at any time for any or no reason and thereby also terminate your user agreement in its entirety.
To do so, you must send Us an e-mail to firstname.lastname@example.org, so that We can erase your user data. Please note that after your user account has been canceled all content and performance data will or may be erased by Us and you will no longer have access to content you have already purchased.
We have the right to terminate the user agreement for any or no reason in text form with two weeks’ prior notice, however not before the end of the minimum contract term or the end of the applicable renewal term of your Membership.
You may terminate your membership at any time for any or no reason effective as of the end of the minimum contract term or the end of the applicable renewal term.
Membership purchased by in-app purchase must be canceled by changing the appropriate settings in the app store where you bought the subscription. If your subscription fee is collected by iTunes, We ask, notwithstanding the above, that for technical reasons you comply with a notice period of 24 hours to the end of the minimum contract term or the end of the respective renewal term. After cancellation of your subscription your user account and any other subscriptions will continue unless and until you also cancel such additional subscriptions.
Current in-app membership cannot be terminated during the contract term.
In the alternative, you may also send Us an e-mail to email@example.com or send Us a letter by regular mail if you purchased the subscription on the website.
We have the right to cancel any membership at the end of the minimum contract term or the end of the applicable renewal term by providing you with two weeks’ prior notice in text form.
6.3 Termination for good cause
Irrespective of the foregoing provisions, either party has the right to terminate contracts for good cause. In particular, We have the right to terminate the user agreement or your membership with immediate effect and to cancel your user account if you have seriously or repeatedly breached provisions of the user agreement and/or these General Terms and Conditions or if you are behind with payment despite demand.
7. FEMVED SERVICES
We strive to provide you with uninterrupted operation of the Femved Services and to make those services available as continuously as possible. We advise you however that full or uninterrupted availability is technically impossible, and We make no warranty for uninterrupted operation or any particular availability.
Our applications are continuously updated and adjusted for your security and for the stability of our applications. As a result, system requirements may change. We assume no obligation to make available to you any application that will be functional on your terminal device at all times, if functionality on your terminal device should be limited by technological changes.
We reserve the right to change our business model at any time and, for example, to provide any or all Femved Services only in exchange for payment. You will then have the option to decide whether you wish to continue using the Femved Services in exchange for payment or stop using the Femved Services. Any such changes will have no effect on existing subscriptions until the end of the contract term.
Our understanding of human health and ayurveda performance is evolving on a continuous basis. This may affect how Femved regime is evaluated. Even though our regime are based on current studies and findings, We make no guarantee that our regime are in conformity with current research results or findings.
8. RIGHTS AND OBLIGATION OF USERS
The Femved Services are offered exclusively to consumers. This means you may not use the Femved Services for business or other commercial purposes.
You may not allow any third parties to use your user account, and you are not permitted to use paid services simultaneously on multiple terminal devices, unless such use is expressly permitted under the terms of the offered service; allow any third parties to access or perceive the Femved Services, e.g., an undefined group of people by using the services in a public area (e.g., movie theaters, theaters, exhibitions, showrooms, hotels, bars, restaurants, or other public areas); make accessible or transfer to any third parties access data transmitted or used for authentication or identification purposes; circumvent any access control systems for paid services or take any other action to use services without authorization; introduce into our IT systems any viruses, worms, Trojan horses, or other malware that may jeopardize or impair the functionality of the Femved Services; or transfer or assign any rights or obligations under your contract with Us to any third parties. When using the Femved Services you must also comply with the terms of contracts with third parties, in particular contracts with the app store or your Internet service provider.
To guarantee smooth communication with you, We ask that you include our e-mail address in the list of trusted senders at your email provider.
9. PRICES TERMS AND CONDITIONS
Our prices differ from country to country. If you decide to purchase a membership, the price that counts for you will be shown on the website.
Please check the website www.femved.com for current prices/subscription models and for available services. All quoted prices are exclusive of applicable value-added tax.
We reserve the right to change prices at our sole discretion. Any price changes will however have no effect on membership you have already purchased.
9.2 Collection of fees
Fees for a membership are collected in advance for the applicable minimum contract term when the membership agreement is concluded. If the membership is automatically renewed, the fee will be collected in advance at the beginning of the applicable renewal term. Different terms apply if the membership fee is collected through iTunes; in that case, the fee will be collected already 24 hours prior to the beginning of the applicable billing period.
9.3 Payment methods
If you book paid Femved Services on our website www.femved.com, you will be shown a list of currently accepted payment methods during the ordering process from which you may choose. If payment is declined for reasons for which you are responsible (e.g., because the amount paid is not covered by funds in your account or because the limit of your credit card has been exhausted), We have the right to charge you for any costs and/or expenses actually incurred by Us as a result. We reserve the right not to offer certain payment methods and to refer you to other payment methods if there is a valid reason for doing so.
9.4 Payment default
We reserve the right to pursue additional remedies that may be available to Us as a result of your payment default.
9.5 Coupon codes & promotions
To redeem your coupon either (a) apply the code to your order in your cart or (b) your code may be applied automatically in the cart. Any coupon code can not be applied to past orders retroactively, can not be used in conjunction with other discounts or coupon codes and may only be applied to one order. We may at our absolute discretion restrict who may enter into promotions for any reason.
10. RESPONSIBILITY FOR CONTENT AND SERVICES
10.1 No responsibility for third-party content or services
The Femved Services may include links to websites or apps of third-party providers. In some cases, content made available by third parties may be shown or the Femved Services may enable you to use additional services of third parties. We strive to design our applications in such a way that this will be readily apparent to you. All content and/or services of third-party providers are subject to the applicable terms, conditions, and rules of such third-party providers. We hereby expressly disclaim any responsibility or liability for content or services of third parties. You are personally responsible for making sure that you do not violate the terms and conditions of such third-party providers.
10.2 No responsibility for user-generated content
You are personally responsible for all content you upload using the Femved Services. We do not endorse or review such content.
10.3 Responsibility of the user for violations of law
When posting or making available your own content, you must comply with all applicable laws and other regulations that are applicable in the country in which you are using our Femved Services. Whether or not prohibited by criminal law, you are generally prohibited from making available content of a pornographic, sexual, violent, racist, inflammatory, discriminatory, offensive and/or defamatory nature.
In addition, it is your responsibility to make sure that you infringe no third-party rights, including, without limitation, privacy or publicity rights of third parties and intellectual property rights of third parties (e.g., copyrights, trademark rights, etc.). In this connection, We advise you that you must also, and in particular, own the necessary rights to your profile image and to any other photos you upload.
We may at any time remove and erase any content that is unlawful or violates the aforementioned principles. If you violate the aforementioned principles, We also have the right to send you a warning that We will suspend your user account or terminate the user agreement for good cause in its entirety in accordance with Section 6.3.
In the event that you have wrongfully (negligently or intentionally) violated any of the principles in Section 10.3, you are obligated to indemnify Us from and against any claims of third parties that may be brought as a result of such violations. We further reserve the right to claim damages and to pursue other remedies.
11.1 No warranty
We make no representations or warranties that by using the chosen Femved Service you will reach your health goal or achieve any other results.
12.1 General provisions
When using our Femved Services you will be shown yoga and diet instructions. You must follow those instructions at all times as otherwise there will be an injury and/or health risk.
If you use any tools or equipment for exercises, you are fully responsible for making sure that such tools and/or equipment work properly and are installed and/or set up properly.
You are obligated to heed our health notices in Section 2.
12.2 Liability for free services
In case of free services, our liability, whatever the legal basis, is limited exclusively to damages resulting from intentional or grossly negligent actions or omissions or from a lack of warranted qualities. Our liability for intentional actions or omissions is generally unlimited. Our liability for gross negligence or a lack of warranted qualities is limited to reasonably foreseeable damages. In all other cases any liability on our part is excluded.
12.3 Liability for paid services
In case of paid services, our liability, whatever the legal basis, is generally unlimited for damages resulting from intentional or grossly negligent actions or omissions or from a lack of warranted qualities. If We breach any material contractual obligations due to ordinary negligence, our liability is limited to reasonably foreseeable damages. A contractual obligation is material within the meaning of the foregoing sentence if its performance is necessary for achieving contractual purposes and if you, the consumer, may reasonably rely on its performance.
Our liability for wrongful harm to life, limb, or health remains unaffected by the foregoing limitations. In all other cases any liability on our part is excluded.
12.4 Liability of our employees
The above limitations of liability (see Sections 12.2 and 12.3) also apply for the benefit of our employees and agents.
13. LICENSED RIGHTS
13.1 Femved content
The services offered by Us in some cases include copyright protected or otherwise protected content to which We own the necessary rights. For example, the Femved.com is a copyright protected software program.
To the extent necessary for achieving the contractual purpose, We hereby license to you a non-exclusive, non-transferable right to use such protected content for non-commercial purposes in accordance with the terms of the contract. Note that you are prohibited from disseminating or making such content publicly available, e.g., on websites. Neither the Femved business model nor its content may be leased or otherwise transferred to any third parties by you. You may not decompile, alter, or edit the femved.com except as permitted by law.
Licensed rights will lapse if and when you no longer have access to the relevant service (e.g., after your membership has been terminated) or when the user agreement has ended. In the event of any violation of these provisions, We will have the right to terminate the agreement for good cause without notice in accordance with Section 6.3.
13.2 Content uploaded by user
To ensure that the Femved Services will at all times be fully operational, We need to be able to use, at any time, at any place, and without limitation, all content uploaded by the user. You therefore hereby license to us, throughout the world, in perpetuity and without limitation, non-exclusive rights to all protected content that is uploaded by you. We may sublicense these rights to third parties, which shall include, without limitation, the rights to reproduce, disseminate (by wirebound or wireless means), make available or communicate to the public, and edit protected content (for example, by changing the image resolution or image size for technical reasons). You further hereby license to Us the right to make all content uploaded by you also available to other users, provided that this is done within the scope of the contractual purpose (for example, by reporting your copyright protected messages to the coach or other users).
14. PERSONAL DATA
15. CHANGES TO GENERAL TERMS AND CONDITIONS
We reserve the right to make changes to these General Terms and Conditions with effect for the future. We will notify you of any changes to our General Terms and Conditions at the latest four weeks before the planned effective date of the new version. You will have the opportunity to object to changes within the aforementioned four-week period. If you continue to use our Femved Services without objection, you will be deemed to have accepted the new General Terms and Conditions. If you do object to changes, We hereby expressly reserve our right to terminate the agreement by regular notice during its proper term. If and when We make changes to the General Terms and Conditions, We will once again advise you of your right to object, the time period within which the right of objection must be exercised, and the legal consequences of such objection.
16. DOWNLOADING AND REVIEW OPTION
You may review and print out these General Terms and Conditions at any time at https://femved.com/terms-of-use/.