Terms and Conditions

These 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 interpretation
2. General criteria
3. Approval Process and acceptance of Conditions
4. Amendment of Conditions
5. Our Liability
6. Indemnity
7. Your obligations and rights
8. Notices
9. Assignment, Sub-Contracting and Intellectual Property
10. Data Protection and Privacy
11. Confidentiality
12. No Agency and Exclusion of Contracts (Rights of Third Parties) Act 1999
13. Waiver
14. Linked Internet Sites
15. General
16. Product Sales
17. Directory Entries
    

1. Definitions and interpretation

1.1 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;
1.1.2 “Assessment” means an initial assessment of the Web User by us to ascertain whether a Web User is suitable for Registered User status.
1.1.3 “Consultant” includes but is not limited to any doctor, nurse, embryologist, counsellor or complementary therapist or any other person who works in any capacity whatsoever for us in the provision of the Services.
1.1.4 “Consultation” means a 1 hour online consultation with a Consultant regarding human fertility.
1.1.5 “Conditions” means these terms and conditions for the provision of Services as set out on this Website.
1.1.6 “Data Protection Acts” means the Data Protection Act 1998 (as amended) and incorporates any amendments and substituted enactments whatsoever.
1.1.7 “Intellectual Property Rights” means patents, registered designs, trademarks, utility models (whether registered or unregistered), applications for any of the foregoing and the right to apply therefore in any part of the world; copyrights, design rights, data based rights, topography rights, know-how; all other similar equivalent rights arising or subsisting in any country of the world in relation to the Website or any part of it.
1.1.8 “Registered User” means a person who has completed the Websites approval procedure, including an Assessment, and has been approved by us for the purpose of receiving Services.
1.1.9 “Services” means the provision of Consultations via the Website.
1.1.10 “System” means the information systems through which a Web User connects to the site.
1.1.11 “Website” means the site reference www.FertilityConnect.com on the worldwide web and, where the context permits, shall include any website linked to the www.FertilityConnect.com Website.
1.1.12 “Web User” means any person entering the Website.

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;
1.2.2 any agreement or instrument shall include such agreement or instrument as it may from time to time be amended, supplemented or substituted;
1.2.3 an “agreement” also includes a concession, contract, deed, franchise, licence, treaty or undertaking (in each case) whether oral or written;
1.2.4 “law” includes common or customary law and any constitution, decree, judgment, legislation, order, ordinance, regulation, statute, treaty or other legislative measure in any jurisdiction or any present or future directive, regulation, request or requirement (in each case) whether or not having the force of law, but, if not having the force of law, the compliance with which is in accordance with the general practice of persons to whom the directive, regulation, request or requirement is addressed.

2. General Criteria

2.1 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 Conditions

3.1 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:
3.1.1 an irrevocable offer by you to contract on the terms of these Conditions; and
3.1.2 your agreement that data provided by you pursuant to these Conditions may be used in accordance with Condition 12 (Data Protection); and
3.1.3 a representation by you that no information provided or to be provided by you in connection with the approval process or subsequent process will infringe any law.

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:
3.3.1 automatically re-allocate your appointment with your adviser using your original credit card payment; or
3.3.2 at your request, cancel your appointment in which case you shall receive a full refund.

4. Amendment of Conditions

4.1 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 Liability

5.1 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;
5.3.2 the Website, or any part of it, being or becoming unavailable to persons generally or any category of them or any delay arising in the communication of information from the Website;
5.3.3 the Website, or any part of it, containing false, misleading or illegal information or material which is obscene, defamatory, threatening, infringes any Intellectual Property Rights or other right of others and/or damages any hardware or software;
5.3.4 any virus, bug or other interference or access to the Website and/or any System (or any information technology system linked to it) by unauthorised persons (howsoever arising, including by virtue of our negligence) preventing or affecting the operation of all or any part of the or the security arrangements in connection with the Website or the failure to correct any defect in connection with the Website;
5.3.5 any person accessing any information including (without limitation) financial, banking and other payment details of any Web User PROVIDED we shall take reasonable steps to have in place security arrangements so as to prevent such access.

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. Indemnity

6.1 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 rights

7.1 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;
7.1.2 ensure that no information provided on your behalf is unlawful, obscene, defamatory or threatening or breaches any Intellectual Property Rights or other rights of others and/or damages any of our hardware or software or any hardware or software of third parties;
7.1.3 not knowingly or intentionally undertake any action which either disrupts the Website or imposes an unreasonable or disproportionately large load on the Website's infrastructure including advertising or any form of business solicitation or the posting of chain letters.
7.1.4 not post material that advocates illegal activities or discuss illegal activities with the intent of committing them.
7.1.5 not engage in any other conduct that in our opinion inhibits or restricts others from using and enjoying the service.

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. Notices

11.1 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.

9. Assignment, Sub-Contracting and Intellectual Property

12.1 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.

10. Data Protection and Privacy

13.1 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:
13.3.1 to comply at all times with the Data Protection Acts;
13.3.2 to obtain and/or maintain all necessary registrations and/or notifications required by the Data Protection Acts; and
13.3.3 not to do or permit anything to be done which may cause the other to be in breach of the Data Protection Acts including, without limitation, the improper collection, use, disclosure or loss of data held on any computer or other equipment or held by way of manual or other non-computerised systems and any kind of improper use, disclosure or abuse of computer passwords.

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.

11. Confidentiality

14.1 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:
14.2.1 where there is a risk of harm to the Website User or a third party.
14.2.2 to assist relevant personnel in the event of a medical emergency.
14.2.3 to report to the relevant authorities a previously unreported crime.

14.3 For the purposes of this Condition 13 the parties each agree that the Information shall not include:
14.3.1 information which is or becomes available in the public domain (on the Website or otherwise);
14.3.2 information which the recipient can establish was at its free disposal prior to its receipt under or in connection with this Agreement; or
14.3.3 information at any time received from the recipient from third party not apparently bound (after enquiry) by any obligation of confidence.

12. No Agency and Exclusion of Contracts (Rights of Third Parties) Act 1999

15.1 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.

13. Waiver

16.1 No indulgence shown by either party to the other shall prevent that party subsequently insisting upon its rights and remedies under these Conditions.

14. Linked Internet Sites

17.1 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.

15. General

18.1 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.

16. Product Sales

1. The Fertility Shops of our site are hosted by Amazon. (Amazon aStore). Amazon hosts the store pages, ordering system and order data.
2. Fertility Connect Ltd are not liable for any product purchase, product returns or product refunds.
3. Please see the Amazon Privacy Policy at Amazon.com for more information about how Amazon uses this information.

17. Directory Entries

1. Content submission made to fertilityconnect.com will not contain any defamatory, offensive, threatening, abusive, racist, vulgar, obscene, profane, indecent, hateful or any otherwise objectionable material that will constitute a criminal offence or give rise to a civil liability;
2. We reserve the right to remove or edit any content posted on the site that is deemed by us to be inappropriate or inaccurate.
3. We take no responsibility for reviews written of, or by, any individual or company on the site. We endeavour to check the content of written reviews and reserve the right to remove any review.
4. If you see any content on the site that is incorrect, illegal or breaches anyone else's rights, you will contact us.
5. You agree not to post, or make available, any material which is protected by copyrights, trade marks, or other proprietary rights when using the services without the express permission of the owner of the copyrights, trademarks, or other proprietary rights and you will be solely liable for any damages resulting from any infringement of any such copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission through the use of the service.
6. You agree not to upload files when using the service that contain viruses, corrupt files, or other similar software or programs that may damage the operation of another person's computer, software, websites, or network and you will be solely responsible for any damages from any claims that may arise because you posted files that caused damage to the operation of another person's computer, software, websites, or network.
7. Although every endeavour is made to ensure continuity of the websites service we are not liable for any problems or losses arising directly or indirectly from the failure of the website or its services.

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.
2. We declare that 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.
3. The parties to this Agreement undertake to one another, where applicable, to comply at all times with the Data Protection Acts to obtain and/or maintain all necessary registrations and/or notifications required by the Data Protection Acts; and not to do or permit anything to be done which may cause the other to be in breach of the Data Protection Acts including, without limitation, the improper collection, use, disclosure or loss of data held on any computer or other equipment or held by way of manual or other non-computerised systems and any kind of improper use, disclosure or abuse of computer passwords.
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.
5. 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.
6. Information and data may be automatically collected through the use of cookies
7. We reserve the right to send you certain communications relating to the website service

1. 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.

1. The registered owner of the entry must log in once a year to renew the listing.
2. Paid directory listing expires after 1 year.
3. Free reciprical link venue directory listing expires after 1 year.
4. Any advertising and listing cost is non refundable.
5. We reserve the right to refuse any submissions or remove any listings.
6. Entry owners must ensure that they own any image copyright.
7. Additional website links in the entry details are not allowed. One website link per directory entry.