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About Us - Legal StatementFertility Connect - Legal StatementThese Conditions set out the entire agreement for the provision by Fertility Connect Limited (“we/us/our”) to you of the Services. Please read these Conditions carefully before using the Website. Using this indicates that you accept these Conditions regardless of whether you choose to register with us. If you do not accept these Conditions please do not use this Website.
1. Definitions and interpretation1.1 In these Conditions, the following expressions shall have the following meanings: 1.1.1 “Affiliate” means in relation to either
party, a person (as defined at paragraph 1.2.1 below) which controls or
is controlled by or which is controlled by an entity which controls such
party; 1.2 Reference in the Conditions to: 1.2.1 the word “person” or “persons”
or to words importing persons include, without limitation individuals,
partnerships, corporations, government agencies, committees, departments,
authorities and other bodies, corporate or unincorporated, whether having
distinct legal personality or not; 2. General Criteria2.1 By entering into this Website and in using the Services offered within it you warrant that you are over 18 years of age and able to enter into a contract with us. If you are unable to provide such a warranty please exit this Website. Our Services are not available to minors. 2.2 You shall be responsible for complying with all laws in England and Wales. For clients using this service from outside England and Wales, our Conditions shall be construed and governed in all respects in accordance with the laws of England and Wales and any dispute or differences in relation to these Conditions shall be subject to the non-exclusive jurisdiction of the English Courts. 2.3 If we discover you are not eligible to enter into a contract with us, we shall reserve the right to withdraw our Services from you. 2.4 Any information provided or displayed or as a result of the Service on the Website is provided for general information purposes only and is NOT intended in any way to be a substitute for face-to-face professional advice. Persons seeking such advice should consult with a suitably qualified health professional and the content of the information or material provided or displayed on the Website or the Services should not be relied on for the diagnosis or treatment of any medical condition, disease or illness whatsoever. You should not disregard professional advice or delay seeking professional advice as a result of something you have read on the Website. 3. Approval Process and acceptance of Conditions3.1 Before we agree to offer Services to you we shall require you to
become a Registered User and you agree to allow us to use information
provided by you to check your suitability to become a Registered User.
Please read the remainder of these Conditions and be aware that once you
have accepted these Conditions, your acceptance will constitute: 3.2 You agree that the decision to grant you Registered User status, or allow such status to continue in relation to all or any part of the Website Services is for our absolute discretion. We may take such time as we require to satisfy ourselves (or otherwise) of your suitability for Registered User status at the outset and may also review the position subsequently, terminating your status as Registered User for any reason in our absolute discretion. 3.3 If an appointment date has been scheduled for you to receive Services,
should the adviser allocated to you need to cancel your appointment, we
shall either: 4. Amendment of Conditions4.1 These Conditions may be amended by us at any time by posting the amended Conditions on the Website. We will give notice on the Website in the event that the Conditions are amended. The amended Conditions will be effective upon the effective date indicated in them. We therefore recommend that you re-read these Conditions from time to time and keeping up to date with them is your responsibility. Continued use by you, of the Website shall be construed as an acceptance of the updated Conditions. 4.2 We may add or delete any part or all of the Website Services at our discretion at any time. 4.3 We shall be entitled to monitor the Website as often as, and in such manner as, we see fit. We shall further be entitled to suspend the operation of the Website, or any of the Website Services, temporarily or permanently, for any reason whatsoever. 5. Our Liability5.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website or to the products and prices described in it at any time without notice. The material on this Website may be out of date and we make no commitment to update such material. 5.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including without limitation the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) with but for this legal notice might have effect in relation to the Website. 5.3 Notwithstanding any other provision of the Conditions, we shall have no liability to you or any person in respect of any loss, damage, costs, claims and proceedings and expenses (including without limitation, legal expenses) whatsoever awarded against or incurred or paid by you in connection with:- 5.3.1 either a failure by you to provide information or false information
being provided by you during any approval procedure or Assessment procedure
regarding (but not limited to) your medical history; 5.4 Subject to the other provisions of this Condition 5, our aggregate liability to any Web User in respect of loss of or damage to any property, real or personal whether such liability arises in contract or in tort (including negligence or otherwise) shall not exceed the aggregate of all sums paid by such Web User under these Conditions in the three (3) months preceding such liability arising. 5.5 In no circumstances shall we, our employees, our agents or any other person acting on our behalf be liable for any direct, incidental or consequential loss. 5.6 The Web User’s reliance on any information provided on the Website is solely at the risk of the Web User. We do not assume any liability or responsibility for the accuracy of the content of any material provided on the Website. We do not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or material or ant nature provided on the Website. 5.7 Nothing in this Agreement shall limit our liability in respect of any claims for death or personal injury caused by our negligence, fraud or other claims for which liability may not otherwise be limited or excluded. 6. Indemnity6.1 You will indemnify and hold us and/or Affiliates, employees, independent contractors, officers, directors, agents, successors and assigns harmless from and against any suits, losses including for the avoidance of doubt any consequential losses or pure economic loss, claims, demands, liabilities, costs and expenses (including legal and accounting fees) arising out of a breach of these Conditions by you. 7. Your obligations and rights7.1 You shall: 7.1.1 not knowingly or intentionally use any device, software or routine
to interfere with the proper working of the Website or the Website Services
or cause any virus, bug or other interference to be introduced into the
or any System; 7.2 You will meet all costs incurred by you in connection with your use of the Website Services. 7.3 To receive Services you must provide us with complete and accurate information during the Assessment and approval procedure. 7.4 You agree to keep your password secure and not to permit any other person to use your username and password. 7.5 We may in our sole discretion terminate a Registered User’s account when these Conditions have been violated. 8. Session Payment8.1 In return for the Services, you will pay £ 15.00 for each group Consultation and £35.00 for an individual Consultation. 8.2 Payment is to be made via PayPal by credit or debit card on the day that you book an appointment with the adviser allocated to you. We shall then send you an email setting out the exact time for your appointment. 9. Session Cancellation9.1 Subject to the provisions of Conditions 9.2 to 9.4 of these Conditions you may obtain a full refund for the Services if your order for the Services (the “Order”) is cancelled by Fertility Connect Ltd. 9.2 If you wish to cancel your Order then you shall notify us of your intention to cancel the Order (the “Cancellation Notice”) within 7 working days of the date of your Order (the “Order Date”) and the provision of Condition 9.3 to 9.7 (inclusive) shall apply. 9.3 Any Cancellation Notice shall be made by e-mail to cancel@FertilityConnect.com 9.4 Upon receipt of the Cancellation Notice we shall send you a confirmatory e-mail confirming that your Order has been cancelled and notifying you of the amount of any refund which you shall receive. 9.5 Notwithstanding the provisions of Conditions 9.1 to 9.4 inclusive if the Cancellation Notice is not received within the 7 working day period referred to in Condition 9.2 then the provisions of Condition 9.6 shall apply. 9.6 Upon the occurrence of the event referred to in Condition 9.5 then you will be entitled to a refund equal in value to a percentage refund of the payment you originally made under the Order in accordance with the table in Condition 9.7. 9.7 Refund Percentage Table
10. Complaints10.1 If you have a complaint about the service provided you can complain to Fertility Connect Ltd. 10.2 If you have a complaint following a session with one of our experts try to raise it at the end of the session. In some instances complaints are able to be resolved between the two parties. Should you feel that you are unable to do so you can complain to the company, see section 10.3. 10.3 Complaints should be put in writing and sent either by e-mail or by post. To send complaints please address it to Daniel@Fertilityconnect.com or by post to D. Holden, Fertility Connect Ltd, Suite 85, 29-30 Horse Fair, Banbury, Oxon, OX16 0BW. 10.4 The Client will receive an acknowledgment from Fertility Connect Ltd when the complaint is received. The complaint will be sent to the relevant expert, and a response will be issued from the expert, to Fertility Connect Ltd within 7 working days. 10.5 Fertility Connect Ltd will then pass the original complaint and the response of the expert, to another expert to investigate the matter further. 10.6 If the complaint is upheld: 10.7 The Client may be entitled to compensation (subject to the limits set out in the terms and conditions) which may or may not include free services. 10.8 depending on the complaint and its nature, the expert may be removed from working with Fertility Connect Ltd 10.9 depending on the nature of the complaint, Fertility Connect Ltd may refer the matter to the appropriate professional body for further consideration 10.10 The client will be informed of the outcome of the complaint as soon as the matter has been dealt with. 11. Notices11.1 We may give general notices to all Web Users via the Website. Other notices to Registered Users shall be sent to the email address specified in our records. 11.2 Any notice to be given by a Web User to us shall be in writing and
shall be deemed duly given if: and any such notice shall be deemed to be given to and received by us: 11.3 In proving the giving of a notice it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted or that an email was addressed and dispatched and that dispatch of the email was confirmed or acknowledged as the case may be. 12. Assignment, Sub-Contracting and Intellectual Property12.1 You shall not assign or transfer or purport to assign or transfer to any other person any rights under these Conditions, without our approval in writing. 12.2 We shall be entitled to assign rights under these Conditions without your prior approval and may sub-let the whole or any part of our obligations under these Conditions without any such approval. 12.3 You acknowledge that (other than in respect of information provided by you) the Intellectual Property Rights in and to the Website and any rights to information, documentation, images and other material of whatsoever nature displayed on the Website are our absolute property and/or the property of third parties contracting with us and you shall assert no right, title or interest in or to any such matter. 12.4 This Website is for personal and non commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from the Website. You may only download to your personal computer for viewing purposes and print out a number of pages of this Website for your personal use. 12.5 The provisions of this Condition 11 shall survive expiry or termination howsoever arising. 13. Data Protection and Privacy13.1 We shall take reasonable steps to protect the information collected from you and other Web Users and use such information only for the purpose for which it was provided. Please note that the registration of your personal information on the Website is your consent to the use of that information as set out in this Agreement. 13.2 For the purpose stated in Condition 12.1, the information may be stored and processed. We declare that in accordance with Condition 13, all such information will be treated confidentially. On request by you, by a Court of law or any other body entitled thereto by law, we will supply information on your stored data and correct, delete or prevent the further use of the data held. 13.3 The parties to this Agreement undertake to one another, where applicable: 13.4 We are committed to protecting your privacy but we cannot guarantee the security of information disclosed by you online since the internet is not a secure medium, and you must assume the entire risk for using the Website. Please therefore be careful and responsible when maintaining the secrecy of any password and/or account information online. 13.5 All information submitted by you, including your credit card details, your address and your email address, is automatically encrypted using the Secure Socket Layer (SSL) protocol, the industry standard for the transfer of sensitive data on the internet. 13.6 In the event that we are sold or integrated into another business, your details may be disclosed to our prospective purchaser's advisers and subsequently to the new owners only for the purposes of maintaining the supply of Services. 14. Confidentiality14.1 Subject to Condition 12.2, the parties agree to keep confidential any and all information concerning each other whether disclosed in writing, verbally or in relation to the matters provided for in these Conditions (the “Information”). The parties further agree in particular not to disclose all or any part of that Information to any third party (except as may be required by mandatory rule of law or order of court of competent jurisdiction or as required for performance of their obligations under these Conditions). 14.2 We reserve the right to disclose relevant information to third parties
only in the following circumstances: 14.3 For the purposes of this Condition 13 the parties each agree that
the Information shall not include: 15. No Agency and Exclusion of Contracts (Rights of Third Parties) Act 199915.1 We and you are each independent contractors and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Conditions. 15.2 A person who is not party to the contract entered into on the terms of these Conditions shall not have enforceable rights under such contract and no provision of this Agreement is enforceable under the Contract (Rights of Third Parties) Act 1999 by any person who is not a party to it. 16. Waiver16.1 No indulgence shown by either party to the other shall prevent that party subsequently insisting upon its rights and remedies under these Conditions. 17. Linked Internet Sites17.1 The Website may contain links to other sites. Please be aware that if you follow these links, other sites may have different terms and conditions. 17.2 We are not responsible for the content or services available on any other internet site linked to or accessed via this website or for the terms and conditions of these sites. 18. General18.1 Any reference in these Conditions to a statute or provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended from time to time. 18.2 The headings in the Conditions are for convenience only and shall not affect their interpretation. 18.3 Where the context so admits, words importing a singular number only shall include the plural and vice versa, and words importing one gender shall include the other genders. 18.4 If any provision of these Conditions is held to be invalid, void and/or unenforceable, such provision or part shall not affect, and shall be deemed to be severed from, the remainder of these Conditions to the extent that the remainder shall be or continue to be fully valid and enforceable. 18.5 These Conditions constitute the entire agreement between the parties with respect to the subject matter covered by them and supersede and extinguish any representations and understandings previously given or made other than those set out in these Conditions. 19. Product SalesDelivery If any items are not in stock then delivery time may increase to between 5-10 working days, and 3-14 days for international delivery within Europe. However please be assured that all orders are dispatched as soon as possible and in many cases can be delivered within the normal 2-5 working days. We guarantee to deliver all orders within 28 days of order. If we are
unable to deliver within 28 days we will only proceed with an order with
your agreement. Orders not received within 7 days for UK or 14 days for
international should be notified by e-mail to sales with details of your
purchases, date purchased and Paypal Reference Delivery cost Delivery address / Dispatching address Delivery procedure FertilityConnect.com will not be liable for any loss caused to you by late delivery and will not be liable for any loss or damage to goods once they have been delivered in accordance with your delivery instructions. Order Cancellation Returns If you are not satisfied with your goods or have simply changed your mind you can return any item in its original condition in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision within 10 days of receipt. The items must not be used, not opened and must be 'as new' when returned to us. Once you have informed us that you wish to return goods under the DSR, you have 28 calendar days to do so, at your own expense. Once the item is received at FertilityConnect.com, we will issue a refund for the product to your original payment method. We reserve the right to apply a re-stocking fee of up to 20% of the order value to cover delivery costs and fees incurred. In the event of items returned for refund, we guarantee to refund your money within 30 days. If any items were damaged in transit, you must report it to us within 48 hours. Items should be returned in their original packaging, be complete and not opened. Once received back into our warehouse, we will issue a replacement or full refund to you via your original payment method and reimburse your reasonable return carriage costs. All items must be returned to us before a refund or replacement is issued. If you wish to return an item, please contact customer services to obtain a return code and instructions for return. E-mail us at sales@fertilityconnect.com with details of your purchase. Alternatively you can call on 07968172864 or write to Fertility Connect Ltd, Suite 85, 29-30 Horse Fair, Banbury, Oxon. OX16 0BW. United Kingdom.
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