ACCEPTANCE OF TERMS
Fem Entity Lifestyle Consultation (“Fem Entity”), provides Services (as defined below) to you through FemEntity.ca (“Website”) and access to and use of this Website and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By indicating your acceptance below, you acknowledge that you have read, accepted, and agreed to these Terms. If you do not agree to these Terms, you will not be able to use this Website.
In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. Fem Entity reserves the right to change these Terms at any time without prior notice and your continued access or use of this Website or the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly. These Terms were last updated on November 2nd 2023.
To use certain areas of this Website, you must first complete the registration process to create an account (“Account”) and select and register a unique username and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Fem Entity if you know or suspect that your Account or Credentials have been used by any other person.
During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or Fem Entity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Fem Entity has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Individuals under 18 years of age cannot register on any portion of this Website.
Fem Entity may act upon any communication that is given through your Account or by using your Credentials. Fem Entity is not required to verify the actual identity or authority of a person using your Account or Credentials, but Fem Entity may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if Fem Entity is not satisfied with the verification. If Fem Entity, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Fem Entity may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
DESCRIPTION OF SERVICES
Fem Entity is offering to persons who have Accounts access to our Individual Memberships, Business Owner Subscriptions, Online Self-Learning System, Diverse Directory of minority Businesses and Consultants, Workshops, Event Calendar, In-person events, Newsletter, and collaborative opportunities, and Level Up Boutique online shop (the “Services”). The provision of the Services is subject to these Terms, the Services subscription or other terms you accepted when purchasing the Services.
Fem Entity provides a personalized subscription service that allows our members to access health, self-care, self-exploration and wellness content (“Fem Entity content”) over the internet on certain computers, phones, and other devices.
Your Fem Entity membership will continue until terminated. To use the Fem Entity service you must have internet access and a computer or device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, and accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).
We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have different conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Fem Entity membership by visiting Fementity.ca and clicking on the “account” link through the dashboard.
We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Fem Entity at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event we determine you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Fem Entity membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
BILLING & CANCELLATION
Billing Cycle. The membership fee for Fem Entity services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit the Fementity.ca website and click on the “Billing details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register. If you signed up for Fem Entity using your account with a third party as a Payment Method, you can find the billing information about your Fem Entity membership b visiting your account with the applicable third party.
Payment Methods. To use the Fem Entity service you must provide one or more payment methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Cancellation. You can cancel your Fem Entity membership at any time, and you will continue to have access to the Fem Entity service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused Fem Entity content. To cancel, go to the “Account” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the ”Account” page. If you signed up for Fem Entity using your account with a third party as a Payment Method and wish to cancel your Fem Entity membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Fem Entity service through that third party.
Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, you will receive a 30 day notice before the application of any price changes or changes to your subscription plans.
USE OF THE WEBSITE
Fem Entity authorizes you to view, download (subject to the terms of any applicable software licence) and print a single copy of materials and content provided on this Website for your personal, non-commercial use only and only in connection with your registering with Fem Entity or using the Services. You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of Fem Entity is strictly prohibited. Fem Entity reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and Fem Entity reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.
INFORMATION ACCURACY AND USE
The contents of this website are provided strictly for your convenience. Although Fem Entity tries to ensure that information is accurate when it is placed on the site, Fem Entity does not guarantee or represent that the information is accurate, complete, current or suitable for any particular purpose. The information contained in this website is also not intended as legal, financial, psychological, or counselling advice. Accordingly, you use or rely on such information at your own risk.
The information contained in this website, including prices and policy terms and conditions, is subject to change or can be updated without prior notice. Please contact us for more current information regarding products and services offered by Fem Entity.
TRADE-MARKS AND COPYRIGHT
Fem Entity Lifestyle Consultation, Fem Entity.ca, Fem.Entity, and other trade names or trade-marks of Fem Entity used on this Website, and related words and logos are trade-marks or trade-names of Fem Entity in Canada and other jurisdictions. Fem Entity is also the owner in Canada as well as other foreign jurisdictions of additional trade-marks, registered and unregistered. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of Fem Entity. The names of other companies, products and services referred to on this Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of Fem Entity or of third parties is strictly prohibited. The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the Fem Entity materials remains with Fem Entity and any unauthorized use of such materials is strictly prohibited. Fem Entity reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trade-mark and copyright law.
All contents of FemEntity.ca are Copyright © 2022, Company or its licensors. All rights reserved.
USER GENERATED CONTENT
Portions of this Website allow users to post and exchange information, ideas and opinions (“User Content”), but Fem Entity does not screen, edit or review any User Content before they are posted or transmitted. Please note that posted or transmitted User Content do not necessarily reflect the views of Fem Entity, and Fem Entity disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Website.
We value your visit to this Website and welcome any questions, comments or feedback you might have about this Website, these Terms or any of the products or services offered by Fem Entity (“Feedback”). Please refer to the Contact section of this Website for phone and fax numbers and email addresses.
If you provide User Content or Feedback, you grant Fem Entity a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person. You also grant Fem Entity the right to use the name you submit with the User Content or Feedback, if any, in connection with Fem Entity’s rights hereunder.
Hyperlinks on this Website are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. Fem Entity has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.
SOFTWARE VIRUSES AND MALWARE
Fem Entity makes reasonable efforts to ensure that this website is virus- and malware-free, but does not guarantee that this is the case. You are responsible for the entire cost of any service, repairs, or corrections necessary as a result of use of this website.
ACCEPTABLE USE AND RESTRICTIONS
In addition to complying with these Terms, you agree to use this Website, the Services and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Website or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal; are unauthorized to use this Website.
You agree not to use the Services or this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
You will defend, indemnify and hold harmless Fem Entity from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, Fem Entity retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
You understand and agree that:
Use of this Website and the Services is at your sole risk. This Website and the Services are provided on an “as is”, “as available” basis. Neither Fem Entity, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, “Fem Entity Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services and Fem Entity Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
Fem Entity Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Fem Entity Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services.
The access to and downloading of material from this Website is done at your own risk. Fem Entity makes reasonable efforts to ensure that this Website is virus-free, but Fem Entity does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website or the Services.
LIMITATIONS OF LIABILITY
In no event will Fem Entity parties be liable to you for any direct, indirect, consequential, incidental, special, compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parties or other pecuniary loss, arising out of or related to these terms, the use of this website or the services. Fem Entity parties will not be liable for any actual or alleged infringement by any third party materials available through the services. In no event will the cumulative liability of Fem Entity parties arising out of or related to these terms exceed the amount paid by you in the one month immediately prior to any claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.
You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 13 is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.
The relationship between Fem Entity and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Website.
These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of Nova Scotia, Canada and the laws of Canada applicable in Nova Scotia, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Nova Scotia.
These Terms have been drawn up in the English language at the express request of the parties.