| Fertility 1st : TERMS & CONDITIONS RELATING TO WEBSITE USE |
| By subscribing to our website, Fertility 1st.com, you enter into a binding contract with us, Fertility 1st on the following terms and conditions. Fertility 1st is a limited liability company registered in England and Wales (Registered Number 6476468), office: 72 New Bond Street, Mayfair, London W15 1RR. |
| 1. UK RESIDENTS ONLY |
| 1.1. Our website is directed exclusively at people resident in The United Kingdom. |
1.2. You represent to us that:
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| 1.3 If you are not a UK Resident DO NOT USE THIS SITE. |
| 2. USE OF THE WEBSITE |
| 2.1. We will permit you to access, use and interact with our website subject to these terms and conditions. |
| 2.2. We will exercise reasonable care in compiling our website. |
| 2.3. We will use reasonable efforts to make our site available to you at all times; and |
| 2.4. We will take the steps set out in our privacy policy [link] to endeavour to keep secure any personal data you give us. |
| 3. THE SERVICES |
| 3.1. The Services that we provide for so long as you are a subscriber to our website are detailed in Donor and Recipient terms and conditions. |
| 4. SITE REGISTRATION AND CHARGES |
| 4.1. By registering on our site, you agree to pay our charges at the rate applicable from time to time as stipulated on the website. |
| 4.2. If you fail at any time to pay any charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, deny you access to those areas of our site which are available to you as a registered user. We need not provide you with advance notice in such circumstances. In such circumstances we may also suspend provision of all or part of the Services. |
| 5. TERMINATION OF REGISTRATION |
| 5.1. We may terminate your registration immediately if you are in material breach of any of these terms and conditions or the specific ones for Donors and Recipients and in particular upon any failure by you to pay us in accordance with these terms and conditions. You may terminate your registration at any time but in neither case are you entitled to any refund of the charges you have already paid. |
| 5.2. Any rights that have accrued at the date of termination will remain enforceable after termination. |
| 6. EXCLUSIONS AND LIMITATIONS |
| 6.1. We will use reasonable endeavours to keep our website available to enable you to access information and to purchase services. It will be necessary for us from time to time to carry out maintenance and upgrade work on the website. Whilst we will keep downtime to a minimum, and try to carry out such work outside normal office hours, we do not represent or warrant that access to our website or any part of it will be uninterrupted, reliable or fault free. |
| 6.2. We do not represent or warrant to you that our website or any of its content will be accurate and complete or reliable but we will exercise reasonable care and skill. |
| 6.3. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to as a result of: |
| 6.3.1. any technical, factual, textual or typographical inaccuracies, errors or omissions in or relating to our website or any information on our website; |
| 6.3.2. the unavailability of our website (or any part of it, or of the services we provide); |
| 6.3.3. any delay in providing, or failure to provide or make available the services or any negligent provision of the services; |
| 6.3.4. any misrepresentation on or relating to our website or the services (other than a fraudulent misrepresentation made by us or on our behalf). |
| 6.4. Our maximum liability to you as a Recipient is a refund of the charges you have paid us in any period of twelve months. |
| 6.5. Our only liability to you as a Donor is to reimburse you and pay you your agreed expenses for your donations as detailed in the Donor terms and conditions. |
| 6.6. You agree that we shall have no liability for any other direct losses than those detailed in clauses 6.4 and 6.5 above nor for any indirect or consequential losses, nor for any of the following: The costs of bringing up a child and any associated costs; nor for medical treatment for you before during or after childbirth or for any child of yours The costs of any counselling to you or any partner of yours. |
| 6.7. You agree that each of these limitations is reasonable having regard to the nature of our website and the nature of the services that we are providing to you. |
| 6.8. None of the exclusions or limitations in this clause 6 shall exclude or restrict our liability for death or personal injury caused by our negligence. 6.9. You will indemnify us against all loss, damages, cost and other expenses that we incur in respect of us as a result of your failure to provide us with correct and complete information or your use of the Services. |
| 7. INTELLECTUAL PROPERTY |
| 7.1. The content of this website is the copyright of Fertility 1st and all rights are reserved. The name “Fertility 1st” and the logo are trade marks of Fertility 1st Ltd. |
| 7.2. You are permitted to read the contents of this site and to make copies for your personal use. |
| 8. VARIATIONS |
| 8.1. We reserve the right at any time without prior warning to revise the content of our website (including the services we offer) and these terms and conditions. Any changes to these terms and conditions will be posted on our website. 8.2. By continuing to use our website following any such change you will signify that you agree to be bound by the revised terms and conditions of use. We would recommend that you download and print for your retention a copy of the prevailing terms and conditions from time to time. |
| 9. PAYMENTS – PAYPAL |
| 9.1. In order for you as a recipient to make payments to us we use the PayPal System. For this we ask you to enrol in a PayPal Billing Agreement that gives us permission to access funds from your PayPal account. This gives us the ability to charge your PayPal account with the amounts you are due to pay us. |
| 9.2. We expect you to comply with the terms of use of the PayPal payment system. Payment using the PayPal system is at our discretion and should we not be able to receive payment from you using this method we are entitled to seek payment from you direct and may suspend or terminate our agreement with you. This is without prejudice to any of our other legal rights. |
| 9.3. We are not responsible for the PayPal payment system or any security or other issues relating to your use of it as the method of payment. |
| 9.4. If you would like to use PayPal when making your payment, please go to the link on the recepient’s page to open an account. |
| 10. THE USE OF YOUR INFORMATION |
| 10.1. You agree that we may collect, store and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy. |
| 10.2. You grant us a perpetual, royalty free licence to use all information you upload onto the website whether as part of the registration process or in the provision of the Services. |
| 11. ACCESS |
| 11.1. We reserve the right in our sole discretion to deny users access to our website or any part of our website without notice and to decline to provide the Services to any user that is in breach of these terms and conditions of use (or of the Recipient or Donor terms and conditions as appropriate). |
| 12. LINKS TO OTHER SITES |
| 12.1. Certain links, including hypertext links, in our website will take you outside our website. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our website. |
| 13. EVENTS BEYOND OUR CONTROL |
| 13.1. We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our Services through our website resulting from any event or circumstance beyond our reasonable control including, without limitation, acts of God; strikes; lock outs or other industrial disputes; acts of public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fire, storm, civil disturbances and terrorism; governmental or quasi-governmental regulations and directions; any failure of hardware and/or software and/or telecommunication services or equipment which is used by us; or power outage; breakdown of systems or network access; or denial of service attacks, viruses, trojan horses and similar things and any other thing which is due to the default of someone else. |
| 14. ASSIGNMENT |
| 14.1. You may not assign your user registration to anyone else. |
| 15. WAIVER |
| 15.1. If either of us fails to exercise any right or remedy available to us under these terms and conditions then such failure or delay will not prevent either of us from relying on those rights or remedies in the future. |
| 16. AGREEMENT |
| 16.1. Only representations made on our website will bind us. No oral representation will bind us unless it has been confirmed by us in writing to you. The content of this website and your completed registration forms contain the whole agreement between us. |
| 16.2. These terms and conditions may only be varied in writing signed by both our duly authorised representatives. |
| 16.3. In the event that any of these terms and conditions conflict with any terms posted or available on our website then these terms and conditions will prevail. |
| 16.4. If any part of these terms and conditions is found to be invalid by a court, the offending provision shall be deleted and the rest of these terms and conditions will remain in full force and effect. |
| 17. NOTICES |
| 17.1. All notices must be in writing and sent by post, facsimile, or email (as appropriate or required). We will use the address or facsimile number or email set out in your application form. You can write to us at the address shown on the website or email us at info@fertility1st.com |
| 17.2. If notices are sent by post to the correct address they will be deemed to have been received two business days after the date of posting; if by facsimile to the correct facsimile number one hour after transmission if the facsimile was transmitted during normal working hours and if outside the normal working hours of the addressee one hour after the re-opening of business of the addressee or the next business day; and if sent by email to the correct email address, one hour after sending. |
| 17.3. Service by facsimile is only effective if the original of the facsimile is placed in the post the same (or next Business) day as the facsimile is transmitted. |
| 18. THIRD PARTY RIGHTS |
| 18.1. Only you and we have legal rights under these terms & conditions and it is not intended that any other person may, by virtue of the Contracts (Rights of Third Parties) Act 1999 be able to enforce any part of these terms and conditions. |
| 19. APPLICABLE LAW AND JURISDICTION |
| 19.1. These terms and conditions (and any dispute, controversy, proceedings or claim or whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English Law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of the English Courts. |
| EDITION 2: MARCH 2005 |
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