Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR ACCESS TO, OR ATTEMPTED ACCESS TO AND USE OF IVFMATTERS.CO.UK AND THE SERVICES PROVIDED THROUGH THIS WEBSITE.
1. OUR INFORMATION AND HOW TO CONTACT US
1.1 www.ivfmatters.co.uk is a website that provides online services (“our website”) for IVFMatters.com Limited (“we”, “our” and “us”), a company incorporated in England and Wales under company number 07542214. Our registered office is at 14 Imperial Way, Rickmansworth, Hertfordshire, WD3 3FL.
1.2 We perform due diligence to check that the doctors who provide services through our website are licensed by the General Medical Council UK (“GMC”) (www.gmc-uk.org). We comply with the GMC’s “Good Medical Practice Guidelines” and the “Essential Standards of Quality and Safety” as interpreted by the Care Quality Commission. Our services are overseen by our director, Dr Irfana Koita.
1.3 You may contact us by email email@example.com, by telephone 03339399951 or using our online enquiry form.
1.4 If we have to contact you we will do so by telephone or by writing to you at the email address, postal address or telephone number you provided to us when registering to use our website.
2. OUR WEBSITE IS NOT TO BE USED IN AN EMERGENCY SITUATION
2.1 IF YOU THINK OR HAVE REASON TO BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING IS IN NEED OF URGENT OR EMERGENCY MEDICAL TREATMENT YOU SHOULD DIAL 999 OR SEEK ALTERNATIVE MEDICAL EMERGENCY ASSISTANCE. FOR INSTANCE, YOU SHOULD SEEK URGENT MEDICAL ATTENTION IF YOU OR THE PERSON YOU ARE ASSISTING:
2.1.1 HAS DIFFICULTY WITH BREATHING;
2.1.2 HAS SEVERE BLEEDING THAT YOU ARE UNABLE TO STOP;
2.1.3 HAS SEVERE CHEST PAINS;
2.1.4 HAS A LOSS OF CONSCIOUSNESS;
2.1.5 IS IN A CONFUSED STATE;
2.1.6 IS HAVING SEIZURES THAT ARE NOT STOPPING;
OR IF YOU BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING HAS HAD/IS HAVING A HEART ATTACK OR STROKE.
3. BY USING OUR WEBSITE YOU ACCEPT THESE TERMS
4. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
4.1 These Terms refer to the following additional documents, which also apply to your use of our website:
4.2 If you purchase services from our website, our terms of service (“Terms of Service”) will apply to such purchase.
5. WE MAY MAKE CHANGES TO THESE TERMS AND CONDITIONS
5.1 We may revise these Terms from time to time. Every time you wish to use our website, please check these Terms to ensure you understand the terms that apply at that time.
5.2 These Terms were most recently updated on 01.10.18.
5.3 Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our website. If so, we will try to advise you how such notices or provisions on our website will affect these Terms.
6. WE MAY MAKE CHANGES TO OUR WEBSITE
We may update and change our website from time to time to reflect changes to our products, our users’ needs and our business priorities or where required to do so by law or regulatory requirement.
7. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
7.1 You have access to our website free of charge.
7.2 We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict availability of all or any part of our website for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
7.3 We will not be liable if for any reason our website is unavailable at any time or for any period.
8. OUR WEBSITE IS ONLY FOR USERS IN THE UK
Our website is directed to people residing in the United Kingdom. We do not represent that content available on or through our website is appropriate for use or available in other locations.
9. DO NOT RELY ON THE INFORMATION ON OUR WEBSITE
9.1 The content on our website is provided for general information only and should not be relied upon as medical advice (save for in respect of the medical advice provided by a Consultant through our Consultancy Services and the Investigation Services (as defined in paragraphs 8 and 9 of the Terms of Service). You must obtain professional or specialist medical advice before taking, or refraining from taking, any action on the basis of the content on our website.
9.2 Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
10. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
10.1 If you choose or are provided with a user identification code, password or any other piece of information as part of our security procedures (“Security Details”), you must keep such Security Details confidential, and you must not disclose them to any third party.
10.2 We have the right to disable any user account if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or any of the documents listed at paragraph 4.1 above.
10.3 If you believe that your account has been compromised (e.g. someone has unlawfully obtained your Security Details) you must contact us immediately at firstname.lastname@example.org
11. HOW YOU MAY USE MATERIAL ON OUR WEBSITE
11.1 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2 You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference only and you may draw the attention of others to content posted on our website.
11.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.4 Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
11.5 You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
11.6 If you print off, copy or download any part of our website in breach of these Terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked sites or any information you obtain from them and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. LINKING TO OUR WEBSITE
13.1 You may link to our home page, if it is done in a way that is lawful and does not damage our reputation or take advantage of it in any way whatsoever, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.2 You must not establish a link from any site that is not owned by you.
13.3 Our website must not be framed on any other site, nor may you create a link to any part of our website other than the homepage.
13.4 We reserve the right to withdraw linking permission without notice.
13.5 If you wish to make any use of material on our website please address your request to our director.
14. USER-GENERATED CONTENT IS NOT APPROVED BY US
14.1 This website may include information and materials uploaded by other users of the website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.
14.2 If you wish to complain about information and materials uploaded by other users please contact us on email@example.com
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGED SUFFERED BY YOU
15.1 Whether you are a consumer or a business user:
15.1.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
15.1.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms of Service.
15.2 If you are a business user:
15.2.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
15.2.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our website; or
(b) use of or reliance on any content displayed on our website.
15.2.3 In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
15.3 If you are a consumer user:
15.3.1 Please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3.2 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
16. UPLOADING CONTENT TO OUR WEBSITE
16.1 Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must comply with the content standards set out at paragraph 18 below.
16.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
16.3 Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant to us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
16.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
16.5 We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out at paragraph 18 below.
16.6 You are solely responsible for securing and backing up your content.
16.7 You acknowledge and agree that data may be lost or corrupted even though we will take all due care and perform regular back-ups of all data stored. We shall have no liability to you in the event that any data is lost or destroyed. In the event that restoration of data from backup is required it may take several days to complete such restoration of data and resume our service.
17. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
17.1 We do not guarantee that our website will be secure or free from bugs or viruses.
17.2 You are responsible for configuring your information technology, computer programs and platform to access our website. You should use your own virus protection software.
17.3 You must not misuse our website by knowingly introducing viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our site. You must not attack our website via a denial-of-service attack or by a distributed denial-of-service attack. By breaching this paragraph 17, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
17.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
18. ACCEPTABLE USE AND CONTENT STANDARDS
18.1 You warrant and undertake that you will use our website for lawful purposes only, and may not use our website:
18.1.1 in any way that breaches any applicable local, national or international law or regulation;
18.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
18.1.3 for the purpose of harming or attempting to harm minors in any way;
18.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out at paragraph 18.4 and 18.5 below (“Content Standards”);
18.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
18.1.6 to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
18.2 You also warrant and undertake:
18.2.1 not to (or attempt to) reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by our website;
18.2.2 not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these Terms;
18.2.3 not to access without our authority, interfere with, damage or disrupt:
(a) any part of our website;
(b) any equipment or network on which our website is stored;
(c) any software used in the provision of our website; or
(d) any equipment or network or software owned or used by any third party.
18.3 When providing any content (“User Content”) to our website, the following Content Standards apply to any and all User Content which you contribute to our website. You must comply with the spirt and the letter of the following Content Standards. The Content Standards apply to each part of any User Content as well as to its whole.
18.4 User Content must:
18.4.1 be accurate (where they state facts);
18.4.2 be genuinely held (where they state opinions); and
18.4.3 comply with applicable law in the UK and in any country from which they are posted.
18.5 User Content must not:
18.5.1 contain any material which is defamatory of any person;
18.5.2 contain any material which is obscene, offensive, hateful or inflammatory;
18.5.3 promote sexually explicit material;
18.5.4 promote violence;
18.5.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
18.5.6 infringe any copyright, database right or trade mark of any other person;
18.5.7 be likely to deceive any person;
18.5.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
18.5.9 promote any illegal activity;
18.5.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
18.5.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
18.5.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
18.5.13 give the impression that they emanate from us, if this is not the case; or
18.5.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
18.6 We will determine, in our discretion, whether there has been a breach of this paragraph 18 through your use of our website. When a breach of this paragraph 18 has occurred, we may take such action as we deem appropriate.
18.7 Failure to comply with this paragraph 18 constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:
18.7.1 immediate, temporary or permanent withdrawal of your right to use our website;
18.7.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our website;
18.7.3 issue of a warning to you;
18.7.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
18.7.5 further legal action against you; or
18.7.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
18.8 We exclude liability for actions taken in response to breaches of this paragraph 18. The responses described in paragraph 18.7 are not limited, and we may take any other action we reasonably deem appropriate.
19.1 If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY GOVERN YOUR ACCESS TO, OR ATTEMPTED ACCESS TO, AND USE OF IVFMATTERS.CO.UK AND THE SERVICES PROVIDED THROUGH THIS WEBSITE.
1. WHAT THESE TERMS COVER AND WHY YOU SHOULD READ THEM
1.1 When you visit our website at www.IVFMatters.co.uk (“Website”) you will have the ability to choose one of our services. The further terms applying to each service are as set out in sections 8 and 9 (“Services”) of these terms of service (“Terms of Service”) respectively.
1.2 Please read these Terms of Service carefully before you use our Services. These Terms of Service tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms of Service, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are IVFMatters.com Limited (“we”, “our” and “us”), a company incorporated in England and Wales under company number 07542214. Our registered office is at 14 Imperial Way, Rickmansworth, Hertfordshire, WD3 3FL.
2.2 You can contact us by telephone by calling 03339399951 or by writing to us at firstname.lastname@example.org or 14 Imperial Way, Rickmansworth WD3 3FL.
2.3 You must not use email for time sensitive matters. If you do not receive a response within a reasonable time period, it is your responsibility to follow up. Where the matter is time sensitive, you must include your name and date of birth in the body of your email and include the topic of the communication in the email’s subject line e.g. advice, appointment, billing question or appointment.
2.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address or call you on the telephone number you provided to us in your order.
3. OUR CONTRACT WITH YOU
3.2 We do not offer our Services to persons under the age of 18 years old. You hereby confirm that you are not less than 18 years of age. If you are not at least 18 years old, you may not use our Services. If you are found to be younger than 18 years old we may cancel our Contract with you and refund any payments you have made for Services you have not yet received.
4. PROVIDING THE SERVICES
4.1 The Services which we may provide to you through our Website are:
4.1.1 providing you with an online platform (i.e. our Website) through which you can browse for and arrange bookings for specific Consultation Services (as set out at paragraph 8 below); or
4.1.2 providing you with an online platform (i.e. our Website) through which you can browse for and arrange for specific Investigation Services (as set out a paragraph 9 below).
4.2 Unless expressly stated the Website and our Services are not provided to companies, agencies and other organisations (together, “Organisations”). Your registration confirms that you are not an Organisation and that you will not use the Website or our Services to seek or provide commercial services on behalf of any Organisation. We do, however, welcome enquiries from Organisations wishing to work with us and any such enquiries should be directed to us using our contact details as set out on the Website.
5. OUR RIGHT TO MAKE CHANGES
5.1 We may be required to make changes to these Terms of Service, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Services paid for but not received.
6. SUSPENDING THE SERVICES
6.1 We may have to suspend the supply of our Services to you to:
6.1.1 deal with technical problems or make minor technical changes;
6.1.2 update the Services to reflect changes in relevant laws and regulatory requirements.
6.2 We will contact you in advance to tell you we will be suspending the supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the Contract for the supply of the Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Services in respect of the period after you end the Contract.
7. INFORMATION WE REQUIRE FROM YOU
7.1 We may need certain information from you so that we can supply the Services to you, for example, your name, date of birth, contact telephone number, email address, residential address, and bank details (for the purpose of processing any payment you make to us) (the “Details”). These Details should be provided by you upon registration of your account with us. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the correct information we need.
7.2 You must ensure that the Details we hold for you are kept up-to-date. We may need to contact you with important information. If you change your Details you must inform us of the new details through your account settings.
7.3 Where you register on our Website and create an account (“Your Account”), you acknowledge, agree and understand that Your Account details are personal to you. You maintain sole responsibility for maintaining the confidentiality of the details (including but not limited to the Details) contained within Your Account, and activity that occurs under Your Account.
7.4 You agree that you shall not permit anyone else to use Your Account and you agree that you shall notify us immediately of any actual or suspected unauthorised use of Your Account or any other security concerns, howsoever arising, immediately upon becoming aware of such. Until and unless you notify us of any suspicious activity or security concerns linked to Your Account, we will assume that all actions taken under Your Account to be authorised by you.
7.5 In order to determine your compliance with these Terms of Service, we reserve the right to monitor your access to and use of our Website and the Services we provide. We may, in our sole discretion, deny access to the Website and/or refuse to provide the Services to you in the case of actual or suspected misuse of the Services or for any actual, attempted or suspected non-compliance with these Terms of Service, including but not limited to security concerns or potential infringement of intellectual property rights.
8. CONSULTATION SERVICES
8.1 Through our Website we provide you with the ability to arrange online video and telephone consultations with independent medical professionals (“Consultants”) who have registered to supply their services through our Website (we carry out reasonable due diligence to check that our Consultants are registered with the UK General Medical Council (www.gmc-uk.org))(“Consultation Services”).
8.2 The Consultants will identify themselves and provide their professional registration number at the start of a consultation you have received as part of your chosen Consultation Service (“Consultation”).
8.3 Once you have:
8.3.1 chosen your desired Consultant;
8.3.2 chosen the stage of the Consultation (i.e. whether it is a new consultation with that Consultant, or a follow-up consultation with a Consultant you have had a previous Consultation with);
8.3.3 indicated your availability;
8.3.4 chosen whether your Consultation will take place via online video [or video call using your telephone] or via a telephone call, and provided the details which are relevant to such chosen option; and
8.3.5 paid the fee appropriate to your chosen Consultation (in accordance with paragraph 10 below),
We will aim to get back to you as soon as possible to confirm your Booking. If we are unable to provide you with the Booking on the date that you have indicated then we will either rearrange the Booking to suit you or alternatively refund the Services Fee (as defined in paragraph 10 below) you paid within [14 working days] (being a day other than a Saturday, Sunday or public holiday when banks in London are open for business) (“Working Days”) in accordance with paragraph 14 below.
8.4 You expressly understand, accept and agree that when using the Consultation Services the Consultant with whom you are connected with is individually responsible for the advice and services that they offer to you. We accept no liability for the advice and services provided by any Consultant.
8.5 By using the Consultation Services, you understand, accept and agree that the Consultation Services are not the same as those provided by the National Health Service or your National Health Service GP surgery. The Consultancy Services are a platform that enables you (subject to these Terms of Service) to connect with Consultants on a self-pay and private consultancy basis.
8.6 Save for as set out at paragraph 8.1 above in relation to a Consultant’s registration with the GMC, we provide no warranty and make no representation regarding a Consultant’s qualification, skill or training
Operating requirements and internet speeds
8.7 Where you chose to purchase our Consultation Services, and opt to connect to your designated Consultant by way of online video, it is your responsibility to ensure that the device through which you connect to your Consultant has the minimum specification requirements which are set out below (or as are determined by us from time to time):
8.7.1 You are required to have installed [the latest version of] the online video calling software as specified at the time of booking the appointment; and
8.7.2 You are responsible for ensuring that the computer, laptop, tablet or mobile phone through which you choose to connect to a Consultant is compatible and can operate on the platform we use.
8.8 To connect to a Consultant by way of online video, you are required to have an active internet connection. Please note that the greater the internet speed you possess, the better quality of online video connection you will receive.
8.9 Where you choose to connect to a Consultant by way of video chat through your mobile phone, you shall ensure that your mobile phone has the capability to make such video call, and that you have a secure and steady mobile internet or wireless connection.
8.10 Where you choose to connect to a Consultant by way of a telephone call, you are required to ensure that you have an active telephone line and that you have provided us with the correct telephone number. You will be responsible for calling your Consultant to commence your Consultation.
8.11 Consultations will be for a fixed duration depending on the type of Consultation chosen (i.e. new appointment or follow-up). The fixed durations applicable to each type of Consultation can be found on our Website prior to making a Booking. You must reveal and disclose all relevant information truthfully to the best of your knowledge. We provide follow-up consultations to discuss results of a Consultation and any questions that you may have. Such follow-up Consultations will be charged in accordance with the rates specified on our Website.
8.12 We can write to your own consultant (i.e. not a Consultant whose services you have acquired through our Website) or GP if you want us to do so. However, we will not do so without your prior written consent.
8.13 All Consultations will be performed in English only.
8.14 We charge for Consultation Services in individual blocks of time (as set out on our Website and the booking page for each Consultation). You understand, accept and agree that you may not claim a refund from us where your Booking does not require the full period of time purchased by you (e.g. where your Booking is for 10 minutes, but only 7 minutes were required, you are unable to claim a refund for the unused 3 minutes). Furthermore, if you do not manage to achieve your desired outcome during your allotted Booking time, you will need to book a follow-up Consultation to continue your discussions with your Consultant.
Information you provide during a Consultation
8.15 You acknowledge, accept and agree that any medical advice and/or diagnosis provided by a Consultant is based on:
8.15.1 your description of and demonstration of the symptoms affecting you; and/or
8.15.2 a reliance on the personal health information you authorise us to obtain from third parties (such as your regular GP) or that you provide to us.
8.16 You warrant that any information you provide to us, or the Consultant, is honest, legitimate and accurate and you have described your condition to the best of your ability to do so.
8.17 You understand that by failing to give an honest, legitimate and accurate description of your condition, the medical advice and/or diagnosis you receive from your Consultant may be negatively affected and potentially inaccurate.
8.18 If you provide information about anyone other than yourself during your Booking it is your responsibility to seek permission from that individual and to ensure that such information is accurate.
9.1 You also have the ability to order medical investigations via our Website from our independent third-party providers (“Investigation Service”). These include, but are not limited to, blood tests, semen analysis and ultrasound scans. The full ranges of the Investigation Services we offer are listed on our Website (as amended from time to time in accordance with these Terms of Service).
9.2 In order to make a appointment for your Laboratory Test (see paragraphs 9.6 to 9.16 below) or Ultrasound Service (see paragraphs 9.17 and 9.18 below), you will be required to:
9.2.1 select from our Website the Investigations Service you require;
9.2.2 check that you are able to comply with the specific requirements for that Investigation Service (see further below in this paragraph 9);
9.2.3 indicate your availability (this could be in relation to your availability to meet with a courier who will collect your Collection Kit (as described at paragraph 9.8 below) or availability to attend a specific location as set out in our Website for the purpose of providing your sample); and
9.2.4 pay the required fee,
We will aim to get back to you as soon as possible to confirm your Appointment.
9.3 If your chosen Investigation Service requires that you be available at a certain time and date (“Appointment Date”), and If we are unable to provide you with the Appointment Date you have selected then we will either rearrange the Appointment to suit you or alternatively, refund the fee you paid within [14 Working Days] in accordance with paragraph 11 below.
9.4 You expressly understand, accept and agree that when using the 3rd party Investigation Services - The Doctors Laboratory, Ultrasound Direct, Gynaecology Ultrasound Centre, The Birth Company and Boston Place Clinic each of them are individually responsible for the advice and services that they offer to you. We accept no liability for the advice and services provided by either party.
Investigations (laboratory tests)
9.5 You can book a laboratory test from our Website which shall be carried out by The Doctor’s Laboratory.
9.6 The laboratory tests that we provide are set out on our Website and include (but are not limited to) blood tests, swab tests, urine samples and semen samples (“Laboratory Tests”).
Collection kits and whether they are suitable for home collection
9.7 Where you opt for a Laboratory Test, a collection kit will be sent to you at your preferred address which shall be used by you to provide the relevant samples (“Collection Kits”). Such samples will be used by The Doctors Laboratory to carry out your chosen Laboratory Test.
9.8 Please note that some Laboratory Tests are not suitable for home collection. In other words, given the nature of the Laboratory Test you have chosen, it is not suitable for you to harvest the sample yourself at home (e.g. a semen sample needs to be with The Doctor’s Laboratory within a designated period of time in order for the sample to remain viable). When placing your order for the Services you require, you will be given the option as to whether you would like us to collect your sample(s) to be delivered to The Doctor’s Laboratory, or if you would instead prefer to take responsibility for the collection of and delivery of your sample(s) to The Doctor’s Laboratory. Where you choose the latter of the two options, you understand, acknowledge and agree that you shall be responsible for the collection and delivery of your sample(s)
9.9 Please note that some Laboratory Tests may require your attendance at a location specified by The Doctor’s Laboratory, or the collection of your sample for your chosen Laboratory Test may require the attendance, at your home (or a place of your choosing), of a representative of The Doctor’s Laboratory. Where this is the case, this will be indicated on our Website before you place your order.
9.10 If the relevant sample required for your chosen Laboratory Test is suitable for home collection (i.e. the sample can be harvested by you at your home rather than requiring the assistance of a representative of The Doctors Laboratory, or your attendance at a location specified by The Doctors Laboratory) you may do so and then post the samples to the location specified by The Doctors Laboratory using the Collection Kit provided. The cost of such postage shall be covered by the laboratory.
9.11 It may take up to 3 Working Days for The Doctors Laboratory to receive the completed Collection Kits and a further 2 Working Days for the results of your Laboratory Tests to be available.
9.12 You should check the content of each delivery of your Collection Kit promptly, or in any event no later than within 2 days of receipt. If items have been sent to you in error or the Collection Kit is faulty or damaged you should contact us immediately.
9.13 It is your responsibility to ensure that someone is available to collect any Collection Kit to be delivered to you. The person accepting delivery of the Collection Kit does not need to be you. The courier will leave a calling card. This will show whether a neighbour collected your Collection Kit or details of where your Collection Kit will be held. It is your responsibility to ensure that the person who accepted delivery of your Collection Kit delivers it to you, or that you collect (or arrange for redelivery) the Collection Kit from the location where your Collection Kit is being held (e.g. Royal Mail sorting office). In the event that the packaging of the Collection Kit is opened after delivery, we will have no liability to you for any loss of or damage to the Collection Kit or for any information that a third party (e.g. a neighbour who accepts delivery of your Collection Kit on your behalf) finds out about you as a result.
9.14 Collection Kits are usually sent via Royal mail and do not require a signature on delivery.
9.15 There are specific requirements for certain Laboratory Tests. These specific requirements will be as set out on our Website. Some examples are as follows:
9.15.1 if you need to have blood collected by a phlebotomist then it will be your responsibility to find one locally. We have third party phlebotomy service providers in certain areas that can offer blood collection services and transport of the samples. These phlebotomy services may or may not be on a walk-in basis and are at a price expressed on our Website. On occasions you may be required to wait for a phlebotomist to become available. Where the phlebotomist services are on a walk-in basis, we cannot guarantee the availability of a phlebotomist on the day of your attendance;
9.15.2 samples for thrombophilia screening need to be processed on the same day and hence will be available only for those coming to our blood collection site in London as specified on our Website;
9.15.3 semen tests are performed at certain locations only as specified on our Website (e.g. London as the sample needs to reach the laboratory within an hour post production for analysis). You will be sent a copy of the results of the Laboratory Tests within 3 Working Days. We will also call you to discuss these results as soon as possible. If you do not live within an hour of one of The Doctor’s Laboratory laboratories as specified in our Website, as the viability of the semen sample deteriorates quickly from the point of collection, you will be required to attend your nearest laboratories; or
9.15.4 results for some Laboratory Tests such as chromosome analysis, thrombophilia screening, genetic screening, sperm DNA fragmentation, sperm aneuploidy
9.15.5 and immune tests may take up to 15 Working Days to be available.
Investigations (ultrasound tests)
9.16 You may also arrange for an ultrasound scan from our Website (“Ultrasound Service”).
9.17 Once you have requested our Ultrasound Service, indicated your availability, registered and made payment of the appropriate fee in full and cleared funds (in accordance with paragraph 9.3 above), we will provide your details of our Ultrasound Service provider, Ultrasound Direct, and we then we will book an appointment for you with Ultrasound Direct.
10. PRICES AND PAYMENT
10.1 Although you my register an account on our Website and browse the Services we offer for free; you will be required to pay for the Services you order in advance of your receipt of such Services (“Service Fee”). If you are unable (for any reason) to authorise payment to us of the Service Fee in advance of receiving such Services, you understand, accept and agree that neither us, or our third-party providers, shall be obliged to provide the relevant Services.
10.2 Payment of the Service Fee shall become payable when you complete your order for your chosen Service, whether that be a Consultancy Service or Investigation Service.
10.3 We use Shopify, PayPal and Stripe as our payment gateway for all payments of the Service Fees. Your use of the service is governed by their user agreement. It is your responsibility to review their terms and conditions and to abide by them, and you shall remain liable for any breach of their terms and conditions.
10.4 Upon receipt of the Service Fee in cleared funds, we shall send you confirmation of your Booking (where you have chosen a Consultation Service) and or Appointment (where you have chosen an Investigation Service) in accordance with paragraphs 8.3 and 9.3 above.
10.5 The transaction will appear on your bank or card statement as IVFMatters.com Ltd or IVF Matters. We do not store bank details once we have processed your transaction [, nor do we share customer details with any third parties]. The Services provided through our Website are a private service, and you are required to self-fund the cost of your chosen Service.
10.6 You warrant to us that you are fully entitled to use any credit, debit or charge card the details of which you submit to us and that such card has available funds sufficient to cover the Service Fees which are to be deducted from it.
10.7 We will ensure that the prices for the Services provided by our third-party suppliers are clearly set out on our Website. Postage charges will also be shown before ordering where applicable. All prices on the Website are in pounds sterling.
10.8 It is possible that, despite our best efforts, some of the Services listed on our Website may be incorrectly priced. We are under no obligation to provide the Services to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
10.9 Upon completion of the Services you will be provided, by way of email and/or via our patient portal, with an electronic copy of the results of your chosen Service (“Results”) and the cost of such shall be included within your relevant Services Fee. You may request a further copy of your Results. This will be charged: £50
10.10 Any charges incurred on your registered account are solely your responsibility.
11. CANCELLATION AND REFUND
11.1 You can always end your Contract with us. Your right when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract.
Where we are at fault
11.2 If a Collection Kit is faulty or the Services are misdescribed, you may:
11.2.1 have a legal right to end the Contract;
11.2.2 have the Collection Kit repaired or replaced;
11.2.3 have a Service re-performed if not carried out with reasonable skill or care; or
11.2.4 get some or all of your money back.
11.3 If you want to end your Contract because of something we have done or have told you we are going to do (for the reasons set out in paragraphs 11.3.1 to 11.3.5 below) the Contract will end immediately upon you contacting us requesting the end of the Contract, and we will refund you in full for any Services which we have not provided and you may also be entitled to compensation. The reasons you may end a Contract under this paragraph 11.3 are:
11.3.1 we have told you about an upcoming change to the Services or these Terms of Service which you do not agree with (see paragraph 5 above);
11.3.2 we have told you about an error in the Service Fees or description of the Services you have ordered and you do not wish to proceed;
11.3.3 there is a risk that supply of the Services may be significantly delayed because of events outside our control;
11.3.4 we have suspended supply of the Services in accordance with paragraph 6.2 above;
11.3.5 you have a legal right to end the Contract because of something we have done wrong.
Changing your mind
11.4 You have a legal right to change your mind about and cancel your Contract with us up to 14 days after the day we receive the payment of the Service Fee (“Cooling Off Period”). Where we deliver the Services (for example you have had your online video Consultation or you send off your sample to the Doctors Laboratory, or you have had your ultrasound scan) before the expiry of the Cooling Off Period (for example, if you paid your Service Fee on 1st February (therefore your Cooling Off Period would end on 15th February) and your Booking for a Consultation is for 3rd February) and provided that you had requested that we begin providing the Services prior to the end of the Cooling Off-Period (such request being made way of ticking the appropriate box when making your payment of the Service Fee):
11.4.1 You acknowledge and agree that you lose such right to cancel this Contract during the Cooling-Off Period once we have fully performed the Services; and
11.4.2 In the event that the Services have not been fully performed we may deduct from any refund an amount for the supply of the Services for the period up to the time when we are informed of your decision to cancel. The amount will be in proportion to what has been supplied, in comparison with the full coverage of this Contract.
11.4.3 Should you cancel your appointment with less than 48 hours’ notice, a cancellation fee of 75% of the consultation fee will be charged. If you are willing to rebook the appointment, the cancellation fee may be reduced based on the reason and at the discretion of the company director. Similarly, a cancellation fee of 75% of the scan price will be charged should you cancel your ultrasound appointment with less than 48 hours’ notice. If you fail to attend the appointment without prior notice you may not receive any refund for the service and will be at the discretion of the company director.
12. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
12.1 To end a Contract with us, please let us know by doing one of the following:
12.1.1 Email us at email@example.com; or
12.1.2 Call us on 03339399951.
13. OUR RIGHTS TO END THE CONTRACT
13.1 We may write to you to let you know that we are going to stop / or unable to provide the Services. We will let you know within 3 working days of placing the order if we are stopping / unable to provide the Services and will refund any sums you have paid in advance for Services which will not be provided.
14.1 If you are entitled to a refund under these Terms of Service we will refund you the Service Fee you paid for the Service by the method you used to make such payment.
14.2 We will make any refunds due to you as soon as possible, and in any event, no later than 14 days of you telling us you have changed your mind or ending the Contract in accordance with paragraphs 11 and 12 above but may take up to 5 working days to appear on your bank or card statement.
14.3 You warrant to us that you will not use charge back services available through PayPal in order to self-issue refunds (“Charge Back Service”). Where you do in fact use or attempt to use such services that may or may not be available to you to do so, and where we are successful in disputing your Charge Back with your provider, you will pay us reasonably incurred fees and costs in relation to administration and legal works undertaken to successfully dispute your claim for a refund using the Charge Back service. You also agree to pay such reasonable fees to us in cleared funds within 4 weeks from the dispute being successfully decided in our favour.
15. HOW WE MAY USE THE CONTENT YOU PROVIDE TO US ON OUR WEBSITE AND YOUR USE OF OUR CONTENT
15.1 When you communicate with us through the Website or otherwise use the functions of the Website, you may submit to us various material, such as the text of any feedback you leave in relation to the Services you have received (from this point onward referred to as “Your Content”).
15.2 By submitting Your Content to us via the Website, you grant us a right to use Your Content for the purpose of us providing the Website and our Services:
15.2.1 which is not exclusive to us;
15.2.2 which can be used worldwide;
15.2.3 for which you shall receive no royalty payments; and
15.2.4 which shall continue indefinitely (with rights for us to grant other people a right to do the same).
which will allow us to use, adapt, perform, display, reproduce, communicate to the public and distribute Your Content through any media now or in future known, which includes the right to display Your Content on and in connection with the Website.
15.3 We retain all right, title and interest in and to the intellectual property rights in the IVF Matters name, the Services we provide and the information, documents, software or materials used in relation to or made available to you via our Website or Services (“Our Intellectual Property”).
15.4 Nothing in these Terms of Service shall operate to grant to you any right, title or interest in Our Intellectual Property.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 We will use the personal information you provide to us to process your payment for the Services.
16.3 [However, please note that in an emergency situation, we may need to contact a healthcare professional, social services or the emergency services without your consent, even where you have declined any of our offers to contact your GP.]
17. ACCEPTABLE USE OF OUR WEBSITE AND SERVICES
17.1 You warrant and undertake that you will use our Website and Services for lawful purposes only, and will not use our Website and Services:
17.1.1 in any way that breaches any applicable local, national or international law or regulation;
17.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
17.1.3 for the purpose of harming or attempting to harm minors in any way;
17.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out at paragraphs 17.4 and 17.5 below (“Content Standards”);
17.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
17.1.6 to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
17.2 You also warrant and undertake:
17.2.1 not to (or attempt to) reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by our Website and or Services;
17.2.3 not to access without our authority, interfere with, damage or disrupt:
(a) any part of our Website;
(b) any equipment or network on which our Website is stored;
(c) any software used in the provision of our Website; or
(d) any equipment or network or software owned or used by any third party.
17.3 When providing Your Content to the Website, the following Content Standards apply to any and all Your Content which you contribute to our Website. You must comply with the spirt and the letter of the following Content Standards. The Content Standards apply to each part of any User Content as well as to its whole.
17.4 Your Content must:
17.4.1 be genuinely held (where they state opinions); and
17.4.2 be accurate (where they state facts);
17.4.3 comply with applicable law in the UK and in any country from which they are posted.
17.5 Your Content must not:
17.5.1 contain any material which is defamatory of any person;
17.5.2 contain any material which is obscene, offensive, hateful or inflammatory;
17.5.3 promote sexually explicit material;
17.5.4 promote violence;
17.5.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
17.5.6 infringe any copyright, database right or trade mark of any person;
17.5.7 be likely to deceive any person;
17.5.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
17.5.9 promote any illegal activity;
17.5.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
17.5.11 be likely to harass, upset, embarrass, alarm or annoy any person;
17.5.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
17.5.13 give the impression that they emanate from us, if this is not the case; or
17.5.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
17.6 We will determine, in our discretion, whether there has been a breach of this paragraph 17 through your use of our Website. When a breach of this paragraph 17 has occurred, we may take such action as we deem appropriate.
17.7 Failure to comply with this paragraph 17 constitutes a material breach of these Terms of Service, and may result in our taking all or any of the following actions:
17.7.1 immediate, temporary or permanent withdrawal of your right to use our Website and the Services;
17.7.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
17.7.3 issue of a warning to you;
17.7.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
17.7.5 further legal action against you; or
17.7.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
17.8 We exclude liability for actions taken in response to breaches of this paragraph 17. The responses described in paragraph 17.7 are not limited, and we may take any other action we reasonably deem appropriate.
18. OUR LIABILITY TO YOU
18.1 We make no representation or warranty as to the content of any views, advice or results provided by a Consultant and or the providers of the Investigation Services set out in paragraph 9.2 (“Investigation Service Providers”) through the use of our Services.
18.2 Consultants and the Investigation Service Providers are independent providers of their services and not employees or subcontractors of us, and any views or advice provided by such Consultants and Investigation Service Providers are not necessarily endorsed by us.
18.3 We provide the Services for domestic and private use only. We accept no liability for loss of profit, loss of business, business interruption or loss of business opportunity where the Services are used for commercial purposes.
18.4 You and your chosen Consultants and or Investigation Service Providers are solely responsible for the information and advice given in connection with the Services you receive. We will not accept any liability for any loss or damage suffered by you which is caused by the Consultants and or Investigation Service Providers.
18.5 We make no warranty or representation that the use of our Services is the most advisable course of action in relation to your health issues. The Services are designed to supplement your receipt of primary healthcare and are not to act as substitute to such care. You accept that the advice given by a Consultant and or the Investigation Service Providers do not replace the advice or healthcare you may receive from your regular healthcare provider. You must tell your regular healthcare provider about treatment and medication our Consultants and or the Investigation Service Providers may supply.
18.6 If your symptoms worsen, or change you should contact your primary health care provider (e.g. GP). If you require urgent assistance, you should contact your nearest emergency health care provider without delay. For the avoidance of doubt, the Services are not to be used in the event of an emergency concerning your health.
18.7 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Services.
18.8 Subject to paragraph 18.7, we shall not be liable where:
18.8.1 there is no breach by us of these Terms of Service; or
18.8.2 in accordance with paragraph 18.9 below for unforeseeable losses.
18.9 If we fail to comply with these Terms of Service, we are responsible for the loss or damage you suffer that is a foreseeable result of us breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you know it might happen.
18.10 We cannot and will not be liable for any damage which results from:
18.10.1 a failure by you to provide (and continuously maintain) complete, truthful and accurate information;
18.10.2 a failure of you to follow advice given by us or from your failure to pass on information given to you by your regular healthcare provider.
18.11 We will not be liable to you where:
18.11.1 you do not like your chosen Consultant or Investigation Service Provider;
18.11.2 you do not agree with the advice or results given under any of the Services.
19. VARYING THESE TERMS OF SERVICE
19.1 If we make any material changes to our Terms of Service (including any changes to our Service Fees) in accordance with paragraph 5 above we will notify you prior to the change becoming effective. Any such modification to these Terms of Service will become binding and effective on the date posted or the date notified that such modifications shall take effect. You should cease to use the Website or the Services if you do not agree to any such modification.
20. INTERNATIONAL USE
20.1 The Services are provided by us for users who reside in the United Kingdom only. We make no representation or warranty that the information and/or the Services provided via our Website are appropriate for or available for use outside the United Kingdom.
21. RIGHTS OF THIRD PARTIES NOT PART OF THIS CONTRACT
21.1 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
21.2 Nothing in these Terms is intended to, nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to these Terms has no rights to enforce them.
22. DELAYS OUTSIDE OUR CONTROL
22.1 If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Service you have paid for but not received.
23. OTHER IMPORTANT TERMS
23.1 We may transfer this Contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
23.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
23.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23.4 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
23.5 Which laws apply to this Contract and where either of us may bring legal proceedings. These Terms are governed by English law and either of us can bring legal proceedings in respect of them in the English courts. If you live in Scotland either of us can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland either of us can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.
23.6 Alternative dispute resolution as a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. Further information
regarding how to use the European Online Dispute Resolution Platform can be found here.
23.7 COMPLAINTS / COMMENTS / SUGGESTIONS
23.8 IVFMatters.com Ltd is the service provider and you should contact our director with any complaints whether they are customer service related or those of a medical nature via our online form, by email (firstname.lastname@example.org) or telephonically (0333 93 999 51).
23.9 Similarly, if you have any suggestions or concerns about the content of our Website or our services please feel free to contact us.
14 Imperial Way
T: +44 (0)333 93 999 51