Terms & Conditions
1. Introduction and Acceptance of Terms
1.1 Welcome to MyFertility Limited ("MyFertility", "we", "our", or "us"). MyFertility Limited is registered under company reg. no. 13868411 with its official address at Flat 1514, 100 Kingsway, London, N12 0EN. We provide a platform for users to find, review, and book fertility clinics and services, as well as access expert advice and information related to fertility.
1.2 Acceptance of Terms: By accessing, browsing, or using our platform, you agree to be bound by these terms and conditions ("Terms"). If you do not agree to these Terms, you should not use or access our platform. We reserve the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use our platform because your use of the platform after the posting of changes will constitute your acceptance of the changes.
1.3 Scope: These Terms govern your use of our platform, any content (such as text, data, information, graphics, or photographs) that MyFertility may make available through the platform (collectively, "Services") and any services that were accessed through the platform.
1.4 Eligibility: The platform is intended solely for users who are eighteen (18) years of age or older, and any registration, use, or access to the platform by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms.
1.5 Modification: We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any guidelines periodically for changes. Your continued use of the platform after the posting of changes constitutes your binding acceptance of such changes.
1.6 Additional Terms: Some services offered through our platform may be subject to additional terms and conditions specified by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
2. Description of Services
2.1 Overview: MyFertility offers a multi-faceted platform designed to assist individuals in their fertility journey. Our services include, but are not limited to, a Clinic Finder, Fertility Map, expert consultations, and user reviews.
2.2 Clinic Finder: Our Clinic Finder tool utilizes the most recent HFEA-published and verified data to rank UK clinics based on pertinent success metrics. This tool is designed to help users find clinics based on success rates, location, price range, patient reviews, and treatments offered. Users are encouraged to refer to our "Guide to Choosing a Clinic" for a comprehensive understanding of these metrics.
2.3 Fertility Map: The Fertility Map is a personalized service where users receive a fertility journey mapped out by an expert, tailored to their unique needs and circumstances.
2.4 Expert Access: Users have the opportunity to connect with professionals in the fertility field, including clinicians, embryologists, fertility coaches, and more. It's important to note that MyFertility does not employ these treatment providers. They operate under their own licenses and registrations.
2.5 User Reviews: MyFertility offers a platform for users to share their experiences and feedback regarding various clinics and treatments. Users are responsible for ensuring that their feedback is honest, accurate, and non-defamatory.
2.6 Impartiality and Independence: MyFertility is committed to providing impartial facts and information. We do not act as agents or recommend specific clinics or bodies. All data presented is collected from reputable sources, primarily the HFEA.
2.7 Third-Party Links: The MyFertility platform may contain links to third-party websites. These are provided for user convenience and are not an endorsement. Users are advised to exercise caution and make independent judgments when accessing third-party sites.
2.8 No Medical Advice: While MyFertility provides a wealth of information and access to experts, it is not a substitute for professional medical advice, diagnosis, or treatment. Users are encouraged to consult with healthcare professionals for all medical concerns.
2.9 Updates and Changes: MyFertility reserves the right to add, modify, or discontinue any services at its discretion. Users will be notified of significant changes to core services.
3. Scope of Services and Limitations
3.1 Platform Role: MyFertility operates as a platform connecting users with fertility clinics, experts, and other users' reviews. We do not provide medical services, nor do we employ medical professionals. Our primary role is to facilitate access to information and expert connections.
3.2 No Employment Relationship: Any experts, clinicians, embryologists, fertility coaches, and other professionals accessible via MyFertility operate under their own licenses, registrations, and professional standards. MyFertility does not employ or control these professionals and is not responsible for their actions, advice, or treatments.
3.3 Impartial Presentation: MyFertility does not endorse, recommend, or act as an agent for any clinic, professional, or organization in the UK or abroad. All data and reviews presented on our platform are user-generated or sourced from public databases, primarily the Human Fertilisation and Embryology Authority (HFEA).
3.4 User Responsibility: Users are encouraged to use the MyFertility platform as a supplementary tool in their fertility journey. Decisions regarding treatments, clinics, or professionals should be made after thorough research, consultation with medical professionals, and consideration of personal circumstances.
3.5 Third-Party Interactions: MyFertility is not involved in any agreements, treatments, or interactions between users and third-party clinics or professionals. Any disputes, issues, or medical concerns arising from such interactions are solely between the user and the third party.
3.6 External Links: While our platform may contain links to third-party websites or resources, we do not endorse and are not responsible or liable for their content, products, or services. Users are advised to exercise discretion when accessing external links.
3.7 No Guarantees: While we strive to provide accurate and up-to-date information, MyFertility does not guarantee the completeness, accuracy, or reliability of data, reviews, or expert advice provided on the platform. Users rely on such information at their own risk.
3.8 Limitation of Liability: MyFertility shall not be held liable for any decisions made based on the information or services provided on the platform. Users are encouraged to seek independent professional advice before making any medical or financial decisions.
4. Age Restrictions and User Eligibility
4.1 Minimum Age Requirement: The MyFertility platform is designed for use by individuals who are 18 years of age or older. Any access to or use of the platform by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions.
4.2 Representation: By using the MyFertility platform, you represent and warrant that you are 18 years or older and that you agree to and will abide by all of the terms and conditions of this agreement.
4.3 Protection of Minors: We are committed to protecting the privacy of minors. If we become aware that a user is under 18 and has provided us with information, we will take steps to remove such information and terminate the minor's account.
4.4 Parental Supervision: Parents and guardians are advised to monitor their children's online activity to ensure that they do not access the MyFertility platform and to inform them about the potential risks of sharing personal information online.
4.5 User Responsibility: It is the responsibility of all users to ensure they meet the age criteria. MyFertility will not be held liable for any issues or disputes arising from users misrepresenting their age.
4.6 Verification: MyFertility reserves the right to request proof of age from any user and may, at its discretion, suspend or terminate accounts of users who violate the age restriction policy.
5. User Responsibilities and Content Guidelines
5.1 User-Generated Content: Users may post reviews, comments, and other content ("User Content") to the MyFertility platform. By submitting User Content, users grant MyFertility a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
5.2 Truthful and Honest Feedback: Users are expected to provide honest, accurate, and non-misleading feedback based on their experiences. Deliberately false or deceptive reviews can harm the integrity of the platform and may be subject to removal or legal action.
5.3 No Offensive Content: Users must refrain from posting any content that is illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties. Hate speech, discrimination, and any form of harassment are strictly prohibited.
5.4 No Promotion or Advertising: Reviews and comments should not contain commercial solicitation, chain letters, mass mailings, or any form of "spam." Unauthorized promotional materials, links, or advertisements will be removed.
5.5 Respect for Privacy: Users must respect the privacy of others. Do not post personal information about others without their explicit consent. This includes, but is not limited to, addresses, phone numbers, email addresses, and other personal details.
5.6 Intellectual Property: Users must ensure that the content they post does not infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights.
5.7 MyFertility's Right to Remove or Modify Content: MyFertility reserves the right, but not the obligation, to monitor, edit, or remove any activity or content. MyFertility takes no responsibility and assumes no liability for any content posted by users or any third party.
5.8 Reporting Violations: Users are encouraged to report any violations of these guidelines or any suspicious activities on the platform. MyFertility will take appropriate actions, which may include removing the content, suspending the user account, or reporting to law enforcement.
6. Fees, Payments, and Refunds
6.1 Service Fees: Using the Clinic Finder and Fertility Map tools on the MyFertility platform are free of charge. For other services, fees are as stated on our website at www.myfertility.life. MyFertility reserves the right to change the fees for any of its services at any time. Any changes to fees will be communicated to users in advance.
6.2 Payment Methods: Payments for services on the MyFertility platform can be made using the methods specified on the checkout page. This may include credit/debit cards, online banking, or other payment gateways. Users are responsible for providing accurate payment information and ensuring sufficient funds are available.
6.3 Refund Policy: Refunds are subject to the specific terms and conditions detailed within each relevant purchase or booking on our website. Generally, refunds will be processed to the original payment method used during the transaction within a specified number of business days.
6.4 Cancellation Policy: Users wishing to cancel a service or booking must adhere to the cancellation policy detailed within the specific service or booking. Cancellations made after the stipulated time frame may not be eligible for a full refund.
6.5 Failed Payments: In the event of a payment failure, MyFertility reserves the right to temporarily suspend or terminate access to specific services until the outstanding amount is settled. Users will be notified of any payment failures and will be given an opportunity to rectify the situation.
6.6 Taxes: All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and users are responsible for payment of all such taxes, levies, or duties.
6.7 Disputes: If users have any concerns or disputes regarding a payment, they are encouraged to contact MyFertility's customer support for resolution. While MyFertility will make every effort to resolve payment disputes amicably, final decisions regarding refunds and cancellations rest with MyFertility.
7. Intellectual Property Rights
7.1 Definition: For the purposes of these Terms, “intellectual property rights” encompass all intellectual and industrial property rights worldwide. This includes, but is not limited to, patents, trademarks, service marks, copyrights, trade secrets, know-how, database rights, design rights, domain names, and any applications or registrations for the protection of these rights, whether currently existing or created in the future.
7.2 Ownership: All intellectual property rights in the MyFertility Platform, including its design, graphics, content, interface, and underlying code, as well as the MyFertility name, logo, and branding (“our IPR”), are owned by or licensed to MyFertility Limited. Any unauthorized reproduction, distribution, modification, or public display of these materials is prohibited without the express written consent of MyFertility Limited.
7.3 User-Generated Content: While users retain all ownership rights in their user-generated content, by posting or sharing content on the MyFertility platform, users grant MyFertility a non-exclusive, royalty-free, perpetual, and worldwide license to use, display, reproduce, and distribute such content in connection with the platform and for promotional purposes.
7.4 Third-Party Intellectual Property: The logos, names, and other branding of our Partner Providers and affiliates are trademarks and/or intellectual property owned by those respective entities. MyFertility does not claim any ownership rights in these trademarks or intellectual property.
7.5 Prohibited Activities: Users may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or other proprietary rights not owned by them, without the express prior written consent of the respective owners, or in any way that violates any third party right.
7.6 Reporting Infringements: If you believe that your intellectual property rights have been infringed upon by content on the MyFertility platform, please notify us immediately. Provide a detailed description of the alleged infringement, including identification of the copyrighted work or trademark claimed to have been infringed, and a statement attesting to your ownership of said rights. MyFertility will take appropriate actions in accordance with applicable laws.
8. Data Protection and Confidentiality
8.1 Commitment to Privacy: MyFertility is committed to safeguarding the privacy and security of its users. We understand the importance of data protection, especially in the healthcare sector, and strive to maintain the confidentiality of all personal information entrusted to us.
8.3 Confidential Information: Any non-public information, including medical records, personal details, and other sensitive data, shared on the MyFertility platform is considered confidential. MyFertility will not disclose, share, or distribute this information without the user's explicit consent, except as required by law.
8.4 Data Security: We employ advanced security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal data, transaction information, and data stored on our platform. While we strive to protect your personal data, MyFertility cannot guarantee its absolute security, given the nature of the internet.
8.5 Third-Party Access: MyFertility may collaborate with third-party service providers, partners, and affiliates in the provision of our services. These third parties may have limited access to user data solely for the purpose of performing specific tasks on our behalf and are obligated not to disclose or use it for any other purpose.
8.6 User Responsibility: Users are responsible for maintaining the confidentiality of their account credentials. MyFertility cannot be held responsible for any unauthorized access or use of a user's account resulting from the user's failure to keep their account details secure.
8.7 Data Breaches: In the event of a data breach that compromises user data, MyFertility will promptly notify affected users and take necessary steps to mitigate the breach, in compliance with applicable laws.
8.8 Data Retention: MyFertility retains personal data only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements.
9. Limitation of Liability and Disclaimers
9.1 No Medical Advice: MyFertility is a platform designed to provide information, reviews, and booking services. The content available on the platform, including user reviews, should not be considered as medical advice. Users should always seek the advice of a qualified healthcare professional with any questions regarding their health or medical conditions.
9.2 No Endorsement: While MyFertility provides a platform for users to share their experiences and reviews, we do not endorse, validate, or verify the accuracy of any reviews or claims made by users or healthcare providers listed on our platform.
9.3 Third-Party Services: MyFertility may contain links to third-party websites or services that are not owned or controlled by MyFertility. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
9.4 Limitation of Liability: To the fullest extent permitted by applicable law, MyFertility, its affiliates, officers, directors, employees, or agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your access to, use of, or inability to access or use the platform; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any errors or omissions in content; or (d) any interactions or disputes between you and any other user or third party.
9.5 Disclaimers: The MyFertility platform is provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. MyFertility does not warrant that the platform will be uninterrupted, secure, or free from errors.
9.6 Indemnification: You agree to defend, indemnify, and hold harmless MyFertility, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees and costs, arising out of or in any way connected with your access to or use of the platform, or your violation of these terms.
10. Data Protection and Privacy
10.1 Commitment to Privacy: MyFertility is committed to protecting the privacy and security of our users. We understand the importance of data protection and have measures in place to safeguard the personal information of our users.
10.5 Data Security: While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. Any transmission of data is at your own risk.
10.6 Third-Party Services: Our platform may, from time to time, contain links to and from third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
11. Communication and Notifications
11.1 Preferred Communication Method: MyFertility primarily uses email as its method of communication. By registering an account or using our platform, you agree to receive communications from us via email. It is your responsibility to ensure that the email address associated with your account is current, accurate, and regularly checked.
11.2 Notification Settings: Users may have the option to adjust their notification preferences within their account settings. However, certain essential communications related to account security, changes to these terms, or other critical notifications may not be opted out of.
11.3 Electronic Acknowledgment: Communications sent to you via email, posted on our platform, or delivered through other electronic means will be deemed to have been provided to you even if the email is not received in full or if there is a delay in receiving it.
11.4 Other Communication Methods: While email is our primary method of communication, MyFertility may use other methods such as phone calls, text messages, or postal mail to communicate with users when deemed necessary or appropriate. By using our platform, you consent to receive communications from us through any of the methods mentioned.
11.5 User Communications: Any communication or material you transmit to us by email or otherwise, excluding personally identifiable information, will be treated as non-confidential and non-proprietary. This includes feedback, questions, comments, and suggestions.
11.6 Unsolicited Communications: MyFertility is not responsible for and disclaims all liability for any communications not initiated by us, including any communications from third parties falsely claiming affiliation with MyFertility.
11.7 Opting Out: If you wish to opt out of promotional communications, you can follow the unsubscribe instructions provided in the promotional communication you receive or update your account settings. Please note that even if you opt out of promotional communications, we may still send you non-promotional messages, such as those about your account or our ongoing business relations.
12. Governing Law and Jurisdiction
12.1 Governing Law: These Terms and Conditions, as well as any disputes arising out of or in connection with them, or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the United Kingdom.
12.2 Jurisdiction: You agree that the courts of the United Kingdom will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims). However, if you are a consumer and resident of a country outside the United Kingdom, you may also bring proceedings in that country.
12.3 Alternative Dispute Resolution: Before resorting to formal legal proceedings, we encourage users to contact us directly to seek a resolution. If the issue is not resolved through direct communication, both parties may consider mediation or another form of alternative dispute resolution (ADR) to settle the dispute.
12.4 Waiver of Class Actions: To the extent permitted by law, you waive any right to pursue disputes on a classwide basis; that is, either to join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding.
12.5 Limitation Period: Unless otherwise required by law, an action or proceeding by you relating to any dispute must commence within one year after the cause of action accrues.