Terms of use

THE FEMEDIC TERMS OF USE

These terms of use govern your access to and use of the entire contents of the website accessible at www.thefemedic.com (“Website”) (including the Services) owned and operated by Curated Digital Limited, a company registered with Companies House in England and Wales under number 08966744 whose registered office is at 81 Farringdon Street, London, EC41 4BL (“Curated”/“we”/“us”/”our”). Please read these terms of use carefully before using the Website. They are a legal agreement between you and Curated. Using any part of the Website indicates that you accept these terms of use. If you do not accept these terms of use, please do not use the Website, or leave the Website.

1. THE SERVICES

1.1 Curated offers and maintains the Website as an information resource for women interested in finding out more about female health issues (“Services”). It is aimed at people who are sixteen years of age or older. If you are reading this and you are under sixteen years of age then this Website is not targeted at you.

1.2 Curated licenses use of the Website to you on the basis of these terms of use. Curated remains the owner of the Website at all times.

1.3 Curated may revise these terms of use at any time by updating this posting. You should check the Website from time to time to review the current terms of use because the up to date terms of use are the ones that will be binding on you.

1.4 By using the Website, you consent to us collecting and using technical information about the devices used to access the Website and any related software, hardware and/or peripherals to improve our products and to provide any Services to you.

2. PROMOTIONS AND MARKETING OFFERS

2.1 Curated may offer promotional offers from time to time which may include discount codes, may be subject to expiration dates and may only be applicable to selected users of the Website. Curated reserves the right to withhold such an offer or end a promotion without notice if at the sole discretion of Curated it believes a user is not acting in good faith in relation to the terms of the promotion.

3. LICENCE GRANT AND USE OF WEBSITE CONTENT

3.1 In return for you agreeing to comply with these terms of use, Curated grants you a licence to use the Website on each device (e.g. phone, tablet) you use to access the Website. The licence we grant is subject to these terms of use and the Curated Privacy and Cookie Policy.

3.2 Apart from User Content (as defined in clause 6.1 below), all images, text, icons and other content on the Website (“Content”), as well as the arrangement of the Content on the Website, is protected by copyright and other intellectual property rights. Except as provided in these terms of use, or otherwise in writing by Curated, you are not granted any licence to use the Content or its arrangement. Nothing in these terms of use grants you a licence to use any Curated trade marks or the trade marks of any third parties which are on the Website.

3.3 Unless you have entered into a separate written agreement with us, you shall not copy, republish, frame, link to, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, license or sublicense the Website or any of the Content. No copyright and/or other intellectual property notices or watermarks on any Content shall be deleted or modified.

3.4 You shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website except to the extent allowed by law.

3.5 If you breach any of the terms in these terms of use, your permission to use the Website automatically terminates. In addition, Curated shall have the right to block, restrict, disable, suspend or terminate your access to all or any part of the Website or its Content at any time in its discretion without liability to you.

4. YOUR ACCESS TO OUR SERVICES

4.1 While Curated endeavours to ensure that the Website is normally available 24 hours a day, Curated shall not be liable if for any reason the Website is unavailable at any time or for any period.

4.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Curated’s control.

4.3 If as part of the Services we provide you with a password, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, you must notify us and you should change your password immediately. You are solely responsible for all activities that occur under your password. You shall not permit anyone else to use your password.

5. YOUR PRIVACY

5.1 Curated is committed to respecting your privacy and the privacy of all individuals using the Website. More information regarding how Curated may use your personal data can be found in the Curated Privacy and Cookie Policy which is incorporated into these terms of use by reference.

6. YOUR CONTENT AND CONFIDENTIALITY

6.1 Other than personally identifiable information (which is covered under our privacy and cookie policy), any material such as reviews, ratings or content which you transmit or post to the Website (“User Content”) shall be considered non-confidential and non-proprietary. Curated shall have no obligations with respect to such material. You are solely responsible for such material. Curated shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

6.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
(e) contains photographs or images of a child;
(f) contains or discloses another person’s personal information without his or her written consent; or
(g) collects or solicits another person’s personal information for commercial or unlawful purposes.

6.3 Curated shall be entitled to remove any material from the Website which is posted or transmitted to the Website in contravention of these terms of use or for any other reason.

6.4 You shall not:
(a) use the Website or its Content in any unlawful manner;
(b) misuse the Website (including, without limitation, by hacking or inserting malicious code);
(c) resell the Website or its Content;
(d) infringe our or any third party’s intellectual property rights in your use of the Website or its Content;
(e) use the Website to transmit chain letters, junk or spam;
(f) use the Website to harass, abuse or harm another person;
(g) frame or use any framing techniques to enclose the Website or any part of it;
(h) take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure; or
(i) use the Website in any way which may cause, or be likely to cause, access to or use of the Website to be interrupted, damaged or impaired in any way.

7. LINKS TO AND FROM APPS & OTHER WEBSITES

7.1 Links to third party apps and websites on the Website are provided solely for your convenience. Curated has not reviewed all of these third party apps and websites and does not control and is not responsible for these apps/websites or their content or availability. Curated does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party apps/websites linked to the Website, you do so entirely at your own risk.

8. DISCLAIMER

8.1.The content of the Website is provided for information purposes only. It is not intended to replace professional medical care or the work of a qualified medical practitioner. The Content should not be used as a basis for diagnosis or choice of treatment. The Content is not exhaustive and cannot always reflect all the most recent research in all areas of female health. We strongly advise all users of the Website with health problems to consult a doctor who will be trained to diagnose you properly based on knowledge and understanding of all aspects of your condition and your medical history. Likewise, do not delay or stop seeing a doctor because of something you read on this Website.

8.2 While much of the information on the Website is provided by doctors and Curated endeavours to ensure that the Content is correct, we do not warrant the accuracy and completeness of the Content. Curated may make changes to the Content at any time without notice. The Content may become out of date and Curated makes no commitment to update such Content.

8.3 In using the Website (including by interacting with promotions, advertising or competitions on the Website), you may enter into dealings with advertisers or merchants other than Curated. This may include you paying for goods or services provided by or on behalf of such merchants. Such arrangements are solely between you and such merchants. You agree that we shall not be responsible for any aspects of your dealings with such merchants.

8.4 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Curated provides you with the Website on the basis that Curated excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms of use, might have effect in relation to the Website.

9. INDEMNITY

9.1 You shall indemnify Curated against any loss, damages, costs or expenses which are awarded against or incurred by Curated as a result of any claim or threatened claim (including any claim or threatened claim by a third party) arising out of or related to:
(a) any breach by you of any of these terms of use or applicable law;
(b) your misuse of the Website and/or the Services;
(c) any messages or other content you post on or transmit via the Website;
(d) your infringement of intellectual property rights;
(e) your failure to provide accurate, up to date information;
(f) your interactions with other users of the Website.

10. LIABILITY

10.1 Nothing in these terms of use shall exclude or limit either your or Curated’s liability for:
(a) death or personal injury resulting from the negligence of the other or their servants, agents or employees; or
(b) fraud or fraudulent misrepresentation.

10.2 Save to the extent that these terms of use state otherwise, nothing in these terms of use shall exclude or limit your liability under clause 9 (Indemnity).

10.3 Subject to clauses 10.1 and 10.2, neither you nor Curated shall be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentation) or otherwise arising out of or in connection with these terms of use for:
(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);
(b) any loss of goodwill or reputation; or
(c) any special, indirect or consequential losses;
in any case, whether or not such losses were within the contemplation of you and Curated at the date of these terms of use, suffered or incurred by you or Curated arising out of or in connection with the provisions of, or any matter under, these terms of use.

10.4 Subject to clauses 10.1, 10.2 and 10.3, each party’s total liability to the other in relation to all events or series of connected events occurring under these terms of use (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to £10,000.

10.5 Nothing in these terms of use excludes any statutory rights which may apply to your use of the Website which cannot be excluded, restricted or modified by contract.

11. TERMINATION

11.1 We may terminate these terms of use immediately at any time for any reason. You may discontinue your use of the Website at any time. These terms of use will continue to apply to past use of the Website by you.

11.2 On termination for any reason:
(a) all rights granted to you under these terms of use shall cease;
(b) content posted by you on the Website may or may not (at our discretion) remain on the Website;
(c) you must immediately cease using the Website.

12. MISCELLANEOUS

12.1 To contact us in writing send your communication to us by e-mail to Curated at hello@curated-digital.com.

12.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of use that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under these terms of use:
(a) our obligations under these terms of use shall be suspended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under these terms of use may be performed despite the Event Outside Our Control.

12.3 We may transfer our rights and obligations under these terms of use to another organisation, but this will not affect your rights or our obligations under these terms of use.

12.4 You may only transfer your rights or obligations under these terms of use to another person if we agree in writing.

12.5 A person who is not a party to these terms of use has no right to enforce any term of these terms of use.

12.6 If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.7 Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

12.8 These terms of use shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the English courts. In addition, you have the option to use the Online Dispute Resolution (ODR) platform which is accessible here – http://ec.europa.eu/consumers/odr/index_en.htm.

Issue Date: 5 February 2018