Terms & Conditions of Use
Updated 28 October 20201. Introduction
These terms and conditions apply between you, the User of this mobile application and online platform (together the “App”) and The Fertility Circle Group Ltd (“Fertility Circle”, “we” or “us”), the owner and operator of the App. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the App. If you do not agree to be bound by these terms and conditions, you should stop using the App immediately.
In these terms and conditions, User or Users means any third party that accesses the App and is not either (i) employed by Fertility Circle and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Fertility Circle and accessing the App in connection with the provision of such services.
You must be at least 18 years of age to use this App. By using the App and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
2. Fertility Circle is not a medical provider and content is not medical advice
The Content provided by Fertility Circle and its partners, and/or available on the App, whether in the form of articles, videos, courses, reviews, event or directory listings or any other content, is for general informational purposes only. Fertility Circle is not a medical provider and Content, whether in the form of content created by the Fertility Circle or its partners or its Users, does not constitute medical advice. Information provided by Fertility Circle or its partners, and/or via the App is not a substitute for medical advice, diagnosis, or treatment from a qualified healthcare provider familiar with your unique facts. Always seek the advice of a physician or qualified health provider with any questions you may have regarding a medical condition or treatment. Never disregard professional medical advice or delay seeking it because of something you have read on the App.
3. Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of Fertility Circle, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the App, including any such content uploaded by Users. By continuing to use the App you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on the App shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
You may, for your own personal, non-commercial use only, retrieve, display and view the Content on a mobile phone or computer and/or print copies of the Content.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Fertility Circle.
You acknowledge that you are responsible for any Content you may submit via the App, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the App any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the App without the prior consent of Fertility Circle.
You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Fertility Circle Group for all claims resulting from Content you supply.
4. Prohibited use
You may not use the App for any of the following purposes:
- in any way which causes, or may cause, damage to the App or interferes with any other person's use or enjoyment of the App;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time by informing us in writing to the email address at the end of these terms and conditions. If you do so, you must immediately delete and stop using the App. Cancellation or suspension of your registration does not affect any statutory rights.
6. Password and security
When you register on the App, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
If we have reason to believe that there is or is likely to be any misuse of the App or breach of security, we may require you to change your password or suspend your account.
7. Links to other websites
The App may contain links to other sites. Unless expressly stated, these sites are not under the control of Fertility Circle or that of our affiliates.
We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on the App does not imply any endorsement of the sites themselves or of those in control of them.
8. Affiliate disclaimer
The Fertility Circle, amongst other services, recommends products on this website and our app for which it earns an affiliate commission. The Fertility Circle only recommends and promotes products or services that it has investigated and believes will be of value to the fertility community.
The Fertility Circle is also a participant in the Amazon EU Associates Programme and Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com and amazon.co.uk.
10. Availability of the App and disclaimers
Any online facilities, tools, services or information that Fertility Circle makes available through the App (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Fertility Circle is under no obligation to update information on the App.
Whilst Fertility Circle uses reasonable endeavours to ensure that the App is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their mobile phones and computers.
Fertility Circle accepts no liability for any disruption or non-availability of the App.
Fertility Circle reserves the right to alter, suspend or discontinue any part (or the whole of) the App including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the App unless it is expressly stated otherwise.
11. Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Fertility Circle accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the App from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
The Fertility Circle Group Ltd is a company incorporated in England and Wales with registered number 12334967 whose registered address is 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ and it operates the website www.thefertilitycircle.com and the mobile application Fertility Circle Community App.
You can contact Fertility Circle by email on firstname.lastname@example.org.
This Policy was last updated on: 28 October 2020.