Terms Of Use

Terms of Use

Thank you for visiting this website. Fertility Coach Inc provides online coaching services and educational programs designed to help couples improve their fertility naturally through diet, detoxification, nutritional, lifestyle and mind/body adjustments. Please read the following Terms of Use carefully.

The following terms apply to your use of this website and our fertility programmes, services and other resources made available to you through this website and by email, phone and other modes of communication. As part of our services and based on the service level subscribed to and/or offered to you, you may have telephonic consultation and email support with our fertility coaches, access video, audio, written content and other recommended information resources relating to fertility, interact with our coaches through email, and by webinar, phone/skype, discuss your progress and symptoms, raise questions and concerns and gain feedback and guidance regarding your fertility.

By using this website or by availing our programmes, services and information resources you agree to these terms. Please read them carefully.

Service

Once you subscribe to our fertility coaching programmes, you will be provided with login credentials, using which you can access video, audio, written content and other tools relating to our fertility programmes, which are our or our partner’s proprietary and confidential information. Your login credentials are meant for your and your partner’s use only. You shall not share your login credentials with any other person.

You shall not:

  1. modify or copy any materials provided by us;
  2. use such materials for any commercial purpose;
  3. reverse engineer any software or content made available to you, as part of our services;
  4. remove any copyright or other proprietary notice from such materials; or
  5. transfer such materials to any other person.

You may use our services only as permitted by law. We may limit or stop providing our services to you, if we find that you have breached these terms or if we find that you have misused our services.

We may review the content from time to time, and may remove or replace any content without any prior notice to you if it is required to ensure compliance with law.

Copyright Notice

All our copyright material will have the following phrase at the bottom of the page:

©2015 Fertility Coach Inc. All Rights Reserved

All content available on this website or made available to you as part of our services are either ours or our partners’ property and is protected by copyright laws. The Fertility Coach logo used on this website is our trademark / service mark. All other brands and names are the property of their respective owners.

When you subscribe to our fertility coaching services, we grant to you and to your partner a revocable, royalty free, non-transferable, non-exclusive, time-limited license to make personal use of the services and this website. Any content provided as part of our services is being provided to you solely for the purposes of using such content as part of our services, in the manner specified by these terms. Any unauthorized use of this website or our services automatically terminates the licenses that we have granted to you.

When you purchase downloadable content including but not limited to programmes and content, we grant to you and your partner a revocable, royalty free, non-transferable, non-exclusive, license that isn’t time bound only for your personal use. Any violation of our terms on downloadable content shall incur penalties and Fertility Coach reserves the right to pursue you for losses and damages as a result of the breach.

By making available any of your content (e.g., your medical records, feedback of any kind, progress on your pregnancy, fertility outcomes etc.) with us or our coaches, you grant to us and our coaches a non-revocable, royalty free, transferable licence to such content for the purposes of using such content to provide and improve our services subject to the terms of our Privacy Policy. You warrant that by providing such content to us, you are not violating the copyright, trademark, trade secret or other personal or proprietary rights of any third party.

You agree to use this website for lawful purposes only, and shall not disrupt, modify, or interfere with this website or use of this website by other users.

Privacy Policy

Our privacy policy explains how we collect your information, how we use it, with whom we share it and how we protect your privacy. By using our services, you agree that we can use your information in accordance with this privacy policy.

Disclaimer & Limitation of Liability

ANY MATERIALS AND CONTENTS PROVIDED TO YOU, AS PART OF OUR SERVICES OR THROUGH THIS WEBSITE, ARE BEING PROVIDED BY US ON “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE OR AS PART OF OUR SERVICES. WE DO NOT WARRANT CERTAINTY OF ANY INTENDED RESULTS, OR RELIABILITY OF THE USE OF ANY MATERIALS AND CONTENTS TO ACHIEVE SUCH RESULTS. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT BY US ARE OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR OUR SERVICES, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

THE INFORMATION CONTAINED ON THIS WEBSITE OR PROVIDED TO YOU AS PART OF OUR SERVICES ARE FOR GENERAL INFORMATION PURPOSES ONLY; ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE; IS NOT INTENDED AS MEDICAL ADVICE; HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION IN THE UNITED STATES OR OTHER NATIONAL / TRANSNATIONAL REGULATORY BODIES; AND, DO NOT CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP, NOR SHOULD IT BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTHCARE PROFESSIONAL. IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR HEALTH, PLEASE CONTACT YOUR HEALTHCARE PROVIDER OR PHYSICIAN.

ANY CLAIMS, TESTIMONIALS, RESULTS, CASE STUDIES, PHOTOS AND ENDORSEMENTS SHOWN HEREIN ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE USING OUR SERVICES WILL ACHIEVE THE SAME OR SIMILAR RESULTS, WHICH WILL DEPEND ON AN INDIVIDUAL’S HEALTH HISTORY, DEDICATION, DESIRE AND MOTIVATION AS WELL AS UNKNOWN FACTORS.

OUR SERVICES MAY INCLUDE THIRD PARTY CONTENT, THE ACCURACY AND SUFFICIENCY OF WHICH IS THE SOLE RESPONSIBILITY OF THE PARTY THAT MAKES IT AVAILABLE.

TO THE EXTENT PERMITTED BY LAW, TOTAL LIABILITY OF OURS AND OUR SUPPLIERS, COACHES OR PARTNERS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.

Confidentiality

You shall not disclose or share any of our confidential or proprietary information with any third party. Similarly, we shall not share your medical information with any third party, except for the purposes of providing our services to you, and provided such sharing is on a need to know basis and such third party is bound by confidentiality restrictions that we use for protection of our own confidential information.

Revisions

The materials appearing on this website or provided to you as part of our services may have errors. We do not warrant that any materials on this website are accurate, complete, or current. We may make changes to such materials at any time without any prior notice to you. We, however, do not commit to update any materials. We may add or remove functionalities or features, and we may suspend or stop a service altogether.

We may revise these terms at any time without notice. We will also post the revised terms here. We advise you to read these Terms of Use prior to using this website or subscribing to our services or purchasing our products. Your continued use of the website or our services shall be considered as your deemed acceptance of such revised terms.

Limitations of liability

In no event we or our suppliers, coaches or partners shall be liable for any damages (including, without limitation, damages for emotional, mental or physical harm of any sort) arising out of the use or inability to use any materials, this website or our services, even if we or our authorised representatives have been notified orally or in writing of the possibility of such damage. As some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you however, our liability shall not exceed the amount you have paid to us.

Web Sites Linked to Our Website and Resources

We are not responsible for the practices employed by web sites linked to or from our web site or the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to our users and clients. Please remember that when you use a link to go from our website to another website, our Terms of Use and our Privacy Policy are no longer in effect. Your browsing and interaction on any other website, including websites, which have a link on our Website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding. We disclaim any liability whatsoever arising from information on third party websites.

Contact

In case you have any complaints or suggestions with regards to this website or our services, you can email us at feedback@fertility-coach.com.

Fees and payment terms

The fees for availing the services shall be published on the primary website and are liable to change from time to time solely at our discretion. You can pay for the services by selecting any of the payment options available at the website. Please note that such payment options may have been made available by third party payment service providers, and you may be required to follow the payment process prescribed by such service provider.

Upon receipt of your order, we will send you an email confirmation about your order.

Refund policy

  1. Coaching Programs & Consultation Services

Unless we have agreed otherwise in advance, we shall not be liable to refund any fees paid by you, in case you stop using our services or have not used the services for longer than 7 days of purchase date.

If we have agreed to refund your fees, in part or full, you will be required to make the refund request in writing and provide proof of purchase. We may refund your fees in case of conflict of interest or if we believe we are unable to provide services for your specific case. If you have made a payment using PayPal, or have subscribed to our services using PayPal with direct debits, and you decide to cancel your subscription with us, it is your responsibility to cancel the same from your own PayPal account.

Your access to the coaching portal and materials will be maintained until the end of the month you have paid up until after which your access to the portal will be removed.

  1. Digital Downloadable Programs

If you have purchased a Digital Downloadable Program, you are entitled to a full refund (less processing fees if any) for a period of up to 365 days after purchase if you are dissatisfied for any reason.

On accepting a refund, you categorically waive any and all rights to claim any additional compensation and you discharge Fertility Coach, it’s employees, coaches, partners, directors and shareholders from any liability whatsoever. Further, you consent to make no disparaging comments about us or our products or services.

Governing law

These terms and services shall be governed by the laws prevalent in Hong Kong SAR, without regard to its conflict of law provisions.

In case of any disputes arising out of or relating to use of this website or our services, you hereby agree and consent to refer such dispute to the exclusive jurisdiction of court located at Hong Kong. In addition, you agree to submit to the personal jurisdiction and venue of such courts.

Testimonials, videos and photos

We reserve the right to use and publish any testimonial, endorsement, video and photo you may have provided to us or may have posted on social media for promotional purposes. By providing a testimonial, endorsement, video or photo to us or posting it on social media, you grant us a right to publish it on our website or other promotion materials using your real name (unless you explicitly ask us to change it) and without paying any compensation to you or to any third party.

At our discretion, we may publish medical test results with names and all other personally identifiable information redacted (removed).

If required, we may require you to grant release forms or any other documentation with regards to publishing of such testimonial, endorsement, video and photo.

General

We do not waive our right to make a claim against you in the event that you breach these terms, even if we have not taken any action in past for same or similar breaches.

If any court holds that any particular term is not enforceable, it will not affect enforceability of any other terms.