General Terms - All Users
Your Relationship with Us
You are currently reading the terms of service ("Terms"), which govern the relationship and serve as an agreement between you and us, establishing the conditions and provisions that allow you to access and use the Platform, as well as our related websites, services, applications, products, and content (collectively referred to as the "Services"). Our Services are available for personal and non-commercial use. For the purposes of these Terms, "You" and "Your" refer to you as the user of the Services. These Terms constitute a legally binding agreement between you and us. Please take the time to carefully read these Terms.
Agreement to the Terms
If you access or use the Services in a jurisdiction where specific additional terms apply, you hereby also agree to the additional terms applicable to users in each such jurisdiction as described below, and in case of any inconsistency between the terms of the relevant Additional Terms - Specific Jurisdiction for your jurisdiction where you access or use the Services, and other terms of these Terms, the relevant jurisdiction shall prevail and govern. If you do not agree to these Terms, you must not access or use our Services.
If you access or use the Services on behalf of a business entity, (a) "You" and "Your" include both you and the business entity, (b) you represent and warrant that you are a duly authorized representative of the business entity with the authority to bind such entity to these Terms, and that you agree to these Terms on behalf of such entity, and (c) your business entity is legally and financially responsible for your access to or use of our Services, and for the access or use of your account by others affiliated with your entity, including employees, agents, or contractors.
You can accept these Terms by accessing or using our Services. You understand and agree that we will consider your access to or use of the Services as acceptance of these Terms from that point onward.
It is advisable to print or save a copy of these Terms for your records.
Changes to the Terms
We may modify these Terms from time to time, such as when we update the functionality of our Services, when we integrate several applications or services operated by us or our affiliates into a combined service or application, or when there are changes to regulations. We will make commercially reasonable efforts to provide general notice to all users about any material changes to these Terms, including through notices on our Platform; however, you should regularly review these Terms for any changes. We will also update the "Last Updated" date at the beginning of these Terms, indicating the effective date of the amended Terms. Your access to or use of the Services after the effective date of the new Terms signifies your acceptance of the new Terms. If you do not agree with the new Terms, you should stop accessing or using the Services.
Your Account with Us
To access or use certain Services, you must create an account with us. When creating this account, you must provide accurate and up-to-date information. It is important for you to maintain and promptly update your account details and any other information you provide to us to ensure that this information is current and complete.
You must keep the password for your account confidential and not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us through https://newfemme.co/contact-us.
You agree that you are solely responsible (to us and others) for activities conducted on behalf of your account.
We reserve the right to disable your user account at any time, including if you fail to comply with a provision of these Terms, or if there is activity on your account that, in our sole discretion, would or might cause damage to or impair the Services, violate or infringe upon the rights of any third party, or violate any applicable laws.
If you wish to stop using our Services and want your account to be deleted, we can assist you. Contact us through https://newfemme.co/contact-us, and we will assist you further and guide you through the account deletion process. If you choose to delete your account, you will not be able to reactivate that account or retrieve any content or information you have added.
Accessing and Using Our Services by You
Your access to and use of our Services are subject to these Terms and all applicable laws. You must not:
- Access or use the Services if you are not fully able and legally authorized to agree to these Terms;
- Make unauthorized copies, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Services or any content therein, including files, lists, or any documentation (or any portion thereof), or determine or attempt to determine the source code, algorithms, methods, or techniques of the Services or any derivative works;
- Distribute, license, transfer, or sell, in whole or in part, any portion of the Services or any derivative works;
- Market, rent, or lease the Services for a fee or tariff, or use the Services to post advertisements or make any commercial solicitations;
- Use the Services, without our explicit written consent, for commercial or unofficial purposes, including delivering or facilitating any commercial advertisements or unsolicited messages (spam);
- Interfere with or attempt to interfere with the operation of the Services or our website, or any networks connected to the Services, or circumvent any measures we may use to prevent or restrict access to the Services;
- Embed the Services or any part thereof into any other programs or products. In this case, we reserve the right to refuse service, close accounts, or restrict access to the Services at our sole discretion;
- Use automated scripts to collect information from or otherwise interact with the Services;
- Pretend to be someone or something you are not, or provide false statements or otherwise misrepresent your identity or affiliation with any person or entity, including giving the impression that any content uploaded, posted, transmitted, distributed, or otherwise made available by you originates from the Services;
- Intimidate or harass others, or promote material that openly contains sexually explicit content, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
- Use or attempt to use the accounts, services, or systems of others without authorization from CINDA, or create a false identity on the Services;
- Use the Services in a manner that may create a conflict of interest or disrupt the purposes of the Services, such as trading reviews with other users or writing or encouraging the creation of fake reviews;
- Use the Services to upload, send, distribute, store, or otherwise provide, in any way: files containing viruses, trojans, worms, logic bombs, or other harmful or damaging material from a technological standpoint; any unauthorized or unlawful advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited or unlawful form of solicitation; any third party's personal information, including addresses, phone numbers, email addresses, numbers, and features on personal identification documents (e.g., BPJS numbers, passport numbers), or credit card numbers; material that infringes or may infringe on the copyright, trademarks, or intellectual property rights or other privacy rights of others; material that defames anyone, is obscene, coarse, contains pornographic elements, hate speech, or incitement; material that is intended to provoke or harass others, especially trolling and bullying, or that aims to insult, hurt, harm, frighten, oppress, embarrass, or evoke emotions in others; material that contains threats in any form, including threats of physical violence; material that is racist or discriminatory, including discrimination based on race, religion, age, gender, disability, or sexual orientation;
- Any responses, feedback, comments, opinions, analyses, or recommendations for which you do not have permission or otherwise do not qualify to make; or
- Material that, solely at the discretion of CINDA, is unacceptable or that restricts or prohibits anyone else from using the Services, or that may cause CINDA, its Services, or its users to suffer damage or loss in any form.
- In addition to the above, your access to and use of our Services must at all times be subject to our Community Guidelines.
- We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or without reason. Some reasons we may remove or disable access to content include finding inappropriate content, violating these Terms or our Community Guidelines, or otherwise endangering our Services or our users. Our automated systems analyze your content to provide product features related to your personal needs, such as tailored search results, targeted advertising, and spam and malware detection. This analysis occurs when content is sent, received, and stored.
In addition to the above, your access to and use of our Services must at all times be subject to our Community Guidelines.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or without reason. Some reasons we may remove or disable access to content include finding inappropriate content, violating these Terms or our Community Guidelines, or otherwise endangering our Services or our users. Our automated systems analyze your content to provide product features related to your personal needs, such as tailored search results, targeted advertising, and spam and malware detection. This analysis occurs when content is sent, received, and stored.
Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. As a condition of accessing and using the Services, you agree not to use the Services to violate any intellectual property rights. We reserve the right, with or without notice, at any time and solely at our discretion, to block access to and/or close the accounts of any user who violates or is suspected of violating copyrights or other intellectual property rights.
You agree to defend, indemnify, and hold harmless CINDA, parent companies, subsidiaries, and its affiliates, and any officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorney fees, arising from violations committed by you or any user of your account under these Terms or arising from violations of your obligations, statements, and warranties under these Terms.
NOTHING IN THESE TERMS WILL AFFECT ANY RIGHTS THAT YOU ARE ENTITLED TO UNDER APPLICABLE LAW AND THAT CANNOT BE AGREED TO OR WAIVED BY YOU. THE SERVICES ARE PROVIDED "AS IS," AND WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE SERVICES. IN PARTICULAR, WE DO NOT STATE OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
- ANY DISRUPTIONS IN THE OPERATION OR FUNCTIONALITY OF THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES, OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS REGARDING SATISFACTORY QUALITY, FITNESS FOR PURPOSE, OR CONFORMITY WITH DESCRIPTION) APPLY TO THE SERVICES UNLESS EXPRESSLY STATED IN THESE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES THAT MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE WILL NOT BE LIABLE TO YOU FOR:
- ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
- ANY LOSS OF GOODWILL;
- ANY LOSS OF OPPORTUNITIES;
- ANY LOSS OF DATA SUFFERED BY YOU; OR
- ANY INDIRECT OR CONSEQUENTIAL LOSSES SUFFERED BY YOU.
OTHER LOSSES WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO CINDA IN THE LAST 12 MONTHS.
ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU AS A RESULT OF:
- ANY RELIANCE YOU PLACE ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- ANY CHANGES WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION, CORRUPTION, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF THE DAMAGE TO DIGITAL CONTENT THAT WE HAVE PROVIDED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS DAMAGE IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT IS CAUSED BY YOUR FAILURE TO FOLLOW CORRECT INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS THAT WE RECOMMEND.
OUR LIMITATIONS OF LIABILITY TO YOU APPLY REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH LOSSES.
YOU ARE RESPONSIBLE FOR ANY MOBILE CARRIER CHARGES INCURRED FOR YOUR USE OF OUR SERVICES, INCLUDING CHARGES FOR TEXT MESSAGES AND DATA. IF YOU ARE UNSURE ABOUT THESE CHARGES, PLEASE ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY OPERATORS, COPYRIGHT OWNERS, OR OTHER USERS, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- Applicable Laws and Jurisdiction
- Subject to Specific Jurisdictional Additional Terms, these Terms, including their substance and form, are governed by the laws of the Republic of Singapore.
- Any dispute arising from or related to these Terms, including any questions about the existence, validity, or termination of these Terms, shall be submitted for final resolution through arbitration conducted by the Singapore International Arbitration Centre (“SIAC”) under its Arbitration Rules, in force at the time of arbitration. The place of arbitration is Singapore, with a panel of three (3) arbitrators. The arbitration proceedings will be conducted in the English language.
- Open Source
- The Platform includes specific Open Source software, each subject to its own applicable licensing terms, which can be found separately.
- Entire Agreement
- These Terms (including the Additional Terms below) constitute the entire valid agreement between you and CINDA, governing your use of the Services. They fully replace any prior agreements between you and CINDA regarding the Services.
- You may link to our homepage under the condition that you do so reasonably and lawfully, without damaging our reputation or taking advantage of the link.
- Links must not create an impression of any form of association, approval, or endorsement from us when none exists.
- Links must not be placed on any website that is not your own. The website where you place links must comply with the content standards outlined in the "Accessing and Using Our Services by You" section.
- We reserve the right to withdraw link permissions without notice.
- Age Limit
- The Services are only intended for individuals aged 13 and above (with additional limits as specified). By using the Services, you affirm that you are above the age specified in these Terms. If we discover that users below the specified age are using the Services, we will close their user accounts.
- No Waiver
- Our failure to enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
- We do not guarantee that our Services are secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platforms to access our Services. You must use your own virus protection software.
- If a court of law, having jurisdiction to decide on this matter, rules that any provision in these Terms is invalid, that provision will be removed without affecting the rest of the Terms. The remaining provisions will continue to be valid and enforceable.
If you have any questions, please contact us at https://www.NewFemme.com/legal/report/feedback.
Notice Regarding Apple
These terms are between you and CINDA; Apple is not a party to these terms.
- License and Limitations
- The license granted to you under these terms is limited to personal, restricted, non-exclusive, and non-transferable rights to install the Platform on Apple device(s) allowed by Apple that you own or control for personal and non-commercial use, subject to Apple App Store Usage Rules.
- Apple's Lack of Responsibility
- Apple is not responsible for the Platform or its content and has no obligation to provide any maintenance or support services for the Platform.
- If the Platform fails to meet applicable warranties, you may notify Apple, and Apple will refund the purchase price of the Platform, if any. To the maximum extent permitted by law, Apple has no warranty obligations regarding the Platform.
- Apple is not responsible for responding to any claims by you or third parties regarding the Platform or your ownership or use of the Platform, including but not limited to (a) product liability claims; (b) any claims that the Platform fails to comply with any applicable legal requirements; and (c) claims arising under consumer protection or similar legislation.
- Intellectual Property Claims
- In case of third-party claims that the Platform or your ownership and use of the Platform infringe on their intellectual property rights, Apple is not responsible for the examination, defense, settlement, or release of claims related to intellectual property infringement.
- Compliance Warranty
- You represent and warrant that (a) you are not in a country subject to U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country, and (b) you are not listed on any U.S. government list of parties prohibited or restricted.
- Beneficiary Status of Apple
- Apple and its subsidiaries are third-party beneficiaries of these terms. With your acceptance of the terms, Apple has the right (and is deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary.
- Family Sharing
- CINDA explicitly endorses the use of the Platform by multiple users through Family Sharing or similar Apple-provided functions.
Windows Phone Store
By downloading the Platform from the Windows Phone Store (or its successor) operated by Microsoft, Inc. or its affiliates, you acknowledge and agree that additional terms or charges may be imposed beyond installing and using one copy of the Platform on up to five (5) Windows Phone-enabled devices affiliated with your Microsoft account.
By downloading the Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or its affiliates ("Amazon"), you specifically acknowledge and agree that Amazon Appstore EULA Terms will apply, in case of any inconsistency with these terms.
By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or its affiliates ("Google"), you specifically acknowledge and agree that Google Play Terms will apply, in case of any inconsistency with these terms. You acknowledge that Google has no responsibility or liability regarding compliance with these terms or Google Play Terms by NewFemme or you.
If you have any questions, please contact us at https://www.NewFemme.com/legal/report/feedback.
Additional Terms - Specific Jurisdiction
If you use our services in Indonesia, the following additional terms apply. In case of any conflicts between these additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
Consent to Terms
By participating in the Services, you declare that you are at least 21 years old or married and not under guardianship. If you are under 21 and unmarried, your account must be opened in the name of your parent or legal guardian. Furthermore, you state and warrant that you have obtained consent from your parent or legal guardian unless stated otherwise. By agreeing, your parent or legal guardian agrees to be responsible for: (i) all your actions related to your access to the Services; (ii) any fees or charges related to your use of any Services (as applicable); (iii) your compliance with these Terms; and (iv) ensuring that your participation in the Services will not, in any way, result in a violation of applicable laws regarding child protection. If you do not obtain consent from your parent or legal guardian, and they are unwilling to open an account on their behalf, you must cease accessing the Services.
Limitation of Liability
No limitation of liability set forth in Article 10 (Limitation of Liability) above shall apply as long as the damage or loss caused by you is a result of our intentional error or negligence.
Services are only available to individuals aged 14 and above in Indonesia.
These terms are prepared in English and Bahasa Indonesia. In case of any conflicts or differences in meaning between the English and Bahasa Indonesia texts, the English text shall prevail, and the Bahasa Indonesia text shall be automatically adjusted to conform to the related English text. Each party acknowledges that they have read and understood these Terms, and that these Terms have been agreed upon freely and without coercion. You acknowledge that you fully understand the language and content of these Terms, and you agree that you will not use the provisions in the Law of the Republic of Indonesia No. 24 of 2009 concerning the National Flag, Language, Emblem, and Anthem or any implementing regulations to invalidate these Terms.