1.2 OVULATION CALCULATOR PTY LTD, ABN 88 606 347 280 “OvulationCalculator.com” (‘Ovulation Calculator’ 'Ovulation Calendar', ‘we’, ‘us’, or ‘our’) operates and maintains this website and provides the service described in clause 2 (‘Service’).
1.3 By using our website and service and/ or purchasing something for us, you accept these Terms in full. If you (the ‘User’) disagree with any of these Terms, you must not use the website or Service.
1.4 We reserve the right to change these Terms at any time without prior notice to User by publishing the changed Terms on this website. Changes will not operate retrospectively.
2. DESCRIPTION OF SERVICE
2.1 The Service enables:
(a) users to learn about their reproductive system including, but not limited to menstrual cycles, ovulation, fertility, conceiving and avoiding conceiving.
(b) users to log and track their own personal information data in relation to their fertility including, but not limited to their menstrual cycle, health and lifestyle (collectively, ‘Personal Information’) to provide a personal experience and help users gain insight into their reproductive system, a core purpose of the website.
(c) users to receive alerts and notifications related to their menstrual cycle such as when they may be fertile, or when they may be ovulating.
(d) users to view and purchase products from us and third-parties we choose to work with.
3.1 We may offer a range of fixed price (one-off payment) and subscription (ongoing payment) Plans, including without limitation, a “Lite Plan” and a “Paid Plan”. You agree, as an express condition of your use of and access to the Service to pay all fees applicable to your fixed price or subscription plan (your “Plan”), and any other fees for additional services you may choose to purchase, and any applicable taxes.
3.2 Payment of fees: Fixed price (one-off payment) Plan fees are charged at the time of selecting and paying for your Plan. Subscription Plans fees are billed monthly in advance and renew automatically and continue month-to-month until you cancel your Plan. All fees will be billed to your credit or debit card account (depending on the card type you provided). You authorize the card issuer to pay any amounts as described in your Plan and authorize us to continue charging all such amounts to your card account until you or we cancel your Plan.
3.3 Plan upgrades and downgrades: Subscription Plans can be upgraded or downgraded (depending on your current Plan level). If you downgrade your Plan level, your card account will automatically be charged the new rate (if applicable) beginning with your next billing cycle. If you upgrade your Plan level, your credit card will immediately be charged the new rate based on a pro-rated amount for the current period, and at the full rate beginning with your next billing cycle.
3.4 Fee changes: We reserve the right, upon notice, to change subscription Plan fees at any time.
3.5 Plan cancellation: You may cancel your Plan by changing your paid Plan to a free Plan from your “My Settings” page, accessible after logging in to the website. If you change your Plan to a free Plan before the end of your current pre-paid period you will not be charged again at the beginning of the next billing cycle.
3.6 Fees are non-refundable. With the exception of our Money Back Guarantee offer on some plans (described below).
3.7 Money Back Guarantee: We may offer, during the Plan selection process, a one-time money back guarantee if you do not get pregnant within 12 months. You may request a refund anytime between 12 and 18 months after the start date of your Plan by contacting us with your account details. Payment will be refunded back to the card you paid with. We reserve the right to cancel or modify the money back guarantee offer at any time.
3.8 We reserve the right to terminate your Plan and deactivate your access to the Service for failure to pay fees.
4. PRODUCTS AND ONLINE STORE
4.1 We offer a range of products for sale including digital products such as videos and courses. We also offer users the ability to view and purchase products from third-parties we choose to work with. Some of these products can be purchased through our website and some can be purchased through third-party websites.
4.2 We make every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
4.3 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
4.4 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
4.5 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
4.6 Third-Party Products. Certain products and services available via our Service may include materials from third-parties. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
4.7 Third-Party Product Returns. Any questions related to returns and refunds for products purchased through third-party websites should be directed to the third-party.
5. WE DO NOT PROVIDE MEDICAL ADVICE
5.1 It is important to understand that we do NOT provide medical advice. The information provided on our website is general medical information to help individuals gain insight into their reproductive system and make their own decisions. The medical information is not advice and should not be treated as such.
5.2 No warranties
5.2.1 The medical information on our website is provided without any representations or warranties, express or implied.
5.2.2 Without limiting the scope of Section 5.2.1, we do not warrant or represent that the medical information on this website:
(a) will be constantly available, or available at all; or
(b) is true, accurate, complete, current or non-misleading.
5.3 Medical assistance
5.3.1 You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.
5.3.2 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
5.3.3 If you think you may be suffering from any medical condition, you should seek immediate medical attention.
5.3.4 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.
5.4 Interactive features
5.4.1 Our website includes interactive features that allow users to communicate with us.
5.4.2 You acknowledge that, because of the limited nature of communication through our website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
5.4.3 Any assistance you may receive using any our website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
5.5 The information provided on our website is not to be used as a substitute for professional medical advice, treatments or diagnosis.
6. USER LICENSE GRANT
7. PROHIBITED USE
In using this website or the Service, you must not:
(a) violate any local, state, national or international law or regulation;
(b) interfere with or disrupt this website or the Service in any way, including through the use of viruses, Trojans or harmful code.
(c) mislead or deceive others, whether by act or omission, including by making false or inaccurate representations about your identity, credit history or financial position, or any other matter that may misleading a credit provider;
(d) stalk, harass, abuse, threaten, intimidate, defame or vilify any person;
(e) share, distribute, store or transmit offensive, obscene, racist, pornographic or illegal material;
(f) otherwise violate or infringe the legal rights of any person; or
(g) encourage, assist or procure another person to do any of the foregoing.
8.1 Unless otherwise indicated, copyright in this website and its contents (including all the information, data and details you provide, belongs to us.
8.2 You may:
(a) publish a link to this website;
(b) make a temporary copy of part or all of this website on your computer for the sole purpose of viewing it; and
(c) print a hard-copy of a whole page of this website as long as no part of the page (including any copyright notice) is edited, modified or deleted in any way.
8.3 Unless permitted by law, you must not, without our prior written consent:
(a) otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish, broadcast or create derivative works from any part of this website or its contents; or
(b) cause any part of this website or its contents to be framed or included in another website.
9.1 From time to time, we provide service notifications to you via email or, written notices, or through posting notices on our website, as determined by us in our sole discretion. By consenting to receive emails and confirming your email address you consent to our sending of such notices to you. In addition, we may also use your email address to send other messages to you, such as fertility alerts, fertility education, user communications or Service updates. If you do not want to receive certain emails, you can unsubscribe at any time by clicking the unsubscribe link (contained in the bottom of each email we send). Or sign into your account and change your notification preferences in 'Preferences, Alerts & Emails', under the 'More' menu. Or simply contact us and let us know you want to unsubscribe.
10. TRADE MARKS
10.1 Trade marks on this website are the property of their respective owners unless stated otherwise.
10.2 You must not use any trade mark on this website without the prior written consent of the relevant owner.
This website may link to websites at other addresses. Unless stated otherwise:
(a) we do not control, approve, endorse or sponsor any such websites or their content; and
(b) we do not provide any warranty or take any responsibility for any aspect of those websites or their content.
You acknowledge that:
12.1 We do not provide medical advice.
12.2 The information contained on our website or Service is general information only.
12.3 The use of our website or Service is at your own risk.
12.4 There is no guarantee that by using our website or Service you will conceive or avoid conceiving.
13.1 Your access and use of this website and the Service is at your own risk. While information submission is processed securely, the internet is generally not secure and material passing over it may be intercepted, altered or corrupted in storage or transit.
13.2 We do not promise that this website or the Service:
(a) is free from errors;
(b) will operate without interruption; or
(c) is free from anything which may damage your computer or data.
(d)You should always ensure you have up-to-date antivirus and firewall security in place when using the internet.
13.3 We do not promise that the contents of this website are complete, accurate, reliable or up to date. We reserve the right to correct errors and make changes to this website or its contents at any time.
13.4 We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of this website or the Service.
14. LIMITATION OF LIABILITY
14.1 Subject to clause 15.1 and to the fullest extent permitted by law:
(a) the Service is provided on an ‘as is’ basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;
(b) we exclude and you release us from all liability to you for loss or damage of any kind (however caused or arising, including by negligence) arising from or in any way connected with this website, its contents, the Service or your use of them.
15. USE OF WEBSITE
15.1 If you breach these terms then we may restrict you from using our website.
15.2 You must indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, expenses (including legal expenses on a full indemnity basis), penalties and liabilities that we or any of them may incur as a direct or indirect consequence of your breach of these Terms or unlawful or negligent act or omission.
16.2 In addition, we may log details about any computer used to access this website, including IP address, host, location, browser type, the date and time of access and details of webpages accessed and information downloaded. This information is used for our own statistical purposes and to improve this website.
17.1 Nothing in these Terms constitutes a relationship of employer and employee, principal and agent or partnership between any of the parties.
18.1 Publication of email addresses on this website must not be taken as consent to receive commercial electronic messages.