Terms and Conditions of Website

LAST UPDATED: 19 APRIL 2024

1. Introduction

1.1 The Menopause Friendly Website is operated and administered on behalf of Menopause Friendly by Menopause Friendly Pty Ltd (MF) (“the Website”). Accordingly, the terms “we”, “us”, and “our” refer to both Menopause Friendly and (in so far as it related to the operation and administration of the Website and its intellectual property rights), MF.

1.2 These terms of use govern your use of the Website; by using the Website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our Website.

1.3 You must be at least 18 years of age to use the Website. By using the Website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

1.4 The Website uses cookies. By using the Website and agreeing to these terms of use, you consent to our use of cookies in Cookie Policy.

1.5 These Terms and Conditions shall apply to the use of our Website to the exclusion of any terms and conditions or any other materials which you may purport to apply or which are endorsed upon any correspondence or documents issued by you irrespective of their date of communication to us.

2. Licence to use the Website

Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Website for your own use, subject to the restrictions set out below and elsewhere in these Terms and Conditions of Use.

You must not:

(a) republish material from the Website (including republication on another website);

(b) sell, rent or sub-license material from the Website;

(c) show any material from the Website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on the Website for any commercial purpose without our specific, written authority;

(e) edit or otherwise modify any material on the Website; or

(f) redistribute material from the Website except for content specifically and expressly made available for redistribution (such as our newsletter)

3. Acceptable use 

You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent.

You must not use the Website to transmit or send unsolicited commercial communications.

You must not use the Website for any purposes related to marketing without our express written consent.

4. Restricted access

Access to certain areas of the Website is restricted. We reserve the right to restrict access to other areas of the Website, or indeed the whole Website, at our discretion.

If we provide you with or you generate a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on the Website arising out of any failure to keep your password confidential and may be held liable for all and any losses (including all legal costs) arising out of such a failure.

You must not use any other person’s user ID and password to access the Website, unless you have that person’s express permission to do so.

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

5. User content

In these terms of use, “your content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with these terms of use.

Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

6.    General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Menopause Friendly Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Menopause Friendly Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Menopause Friendly Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website)

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Menopause Friendly Pty Ltd; and

(iv) the Services or operation in respect to links which are provided for your convenience.

7. Limited warranties

We do not warrant the completeness or accuracy of the information published on the Website; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Website and the use of the Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

8. Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature howsoever caused.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

In any event our total liability to you for any and all heads of damage howsoever arising and including all legal costs shall not exceed any sums paid or due to Menopause Friendly (and not MF). Items (a) to (d) in this clause 8 are excluded from this limitation.

9. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use or arising out of any claim that you have breached any provision of these terms of use.

10. Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

11. Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of the Website from the date of publication of the revised terms of use on the Website.

12. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

13. Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

15. Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of the Website and supersede all previous agreements in respect of your use of the Website.

16. Law and jurisdiction

These terms of use will be governed by and construed in accordance with New Zealand law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of New Zealand.

17. Our details

Menopause Friendly can be contacted by email on info@menopausefriendly.nz

Menopause Friendly Aotearoa, New Zealnd Ltd is registered in New Zealand under and our registered address is 43 Jonkers Road Auckland 0782 

18. Copyright

The Website and its content is our copyright.

(a) The Website, the Services and all of the related products of Menopause Friendly Aotearoa, NZ Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of New Zealand and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Menopause Friendly Aotearoa, NZ Ltd or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Menopause Friendly Aotearoa, NZ Ltd. 

(c) Menopause Friendly Aotearoa, NZ Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

(d) You may not, without the prior written permission of Aotearoa, NZ Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.