Terms and Conditions
Version 4.2
Effective date: 17 March 2023
Fertifa Limited – Our terms
1. These terms
1.1 Please read these terms and conditions (this “Agreement”) carefully before you access the Fertifa Services. This Agreement tells you who we are, how we provide the Fertifa Services, how you and we may change or end this Agreement, what to do if there is a problem and other important information.
By clicking on “I Agree” you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to this Agreement, do not click on “I Agree” and you may not access the Fertifa Services. By accessing or using these, you declare that you have read and understood the information about the collection and use of your personal information as set forth in our Privacy Policy which can be found at (www.fertifa.com/cookie-and-privacy-policy).
1.2 You are choosing to pay for access to the Fertifa Services or your Employer has either directly or through another Partner (“Employer Partner”) has partnered with us to provide the Fertifa Services to you. You may or may not have access to a Reimbursement Policy to contribute to funding Fertifa Additional Services and/or Treatments provided by third parties.
1.3.1 you may lose access to the Fertifa Services;
1.3.2 we may immediately terminate or suspend your access to the Fertifa Services; and
1.3.3 if you are currently accessing and using Fertifa Services through an expired or terminated agreement, we may contact you to ask if you would like to pay the fees yourself through a direct arrangement in order to continue access the Fertifa Services.
2. Information about us, what we provide to you, and how to contact us
2.1 We are Fertifa Limited, (“Fertifa”, “we”, “us”) a company registered in England and Wales. Our company registration number is 12151532 and our registered office is at 7 Savoy Court, London, WC2R 0EX.
2.2 Fertifa is your mentor throughout your reproductive health journey. We provide fertility and reproductive health support and can provide education on, information about and introductions to additional services, designed to empower you to make the best decisions for your situation. Fertifa offers the following services (“Fertifa Services”):
(a) education on fertility and reproductive health through content and materials such as articles, webinars, e-learning modules, video tutorials, podcasts, Q&As with doctors, nurses and other medical professionals;
(b) the navigation services and wellbeing support of a “Fertifa Patient Advisor” who can be contacted through the Fertifa Companion App (“App”) or email;
(c) access (at additional cost) to Fertifa Additional Services provided to you by Fertifa including diagnostic testing and consultations. The Fertifa Additional Services which may be available to you may vary depending on your location and what is available at the time you access the Fertifa Services.
(d) access (at additional cost) to clinical, medical or holistic treatment provided to you by our Partner Providers or Third-Party providers including fertility treatment, assisted reproductive technology and holistic services (“Treatments”).
2.3 You can contact us by email at info@fertifa.com or by writing to us at 7 Savoy Court, London, WC2R 0EX.
2.4 If we have to contact you, we will do so either via telephone, by email at your registered email address or via the App.
2.5 When we use the words “writing” or “written” in this Agreement, this includes email and text (in-App chat) correspondence.
3. When you request a service or product
3.1 You may request products or services that form part of the Fertifa Services via email or via the App.
3.2 If we accept your request: Our acceptance of your request will take place via email or the App.
3.3 If we do not accept your request: If for any reasons we are unable to accept your request, we will inform you of this via email or the App and, where relevant, will not charge you for the relevant product or service. We will also endeavour to give you the reason why we have not accepted your request.
4. Providing the Fertifa Services
4.1 The Fertifa Services are comprised of different pathways including Menopause & Women’s Reproductive Health, Men’s Reproductive Health and Fertility & Family-forming and different components such as the Education Hub, Fertifa Patient Advisor 1-2-1 support with in-App messaging and email, and Reimbursements or Financial Packages. You will select and receive confirmation of your level of pathway access and services components.
4.2 A “Discovery Call” is the initial 20-minute video call with a Fertifa Patient Advisor. The Fertifa Patient Advisor is not an accredited medical practitioner and is therefore not equipped nor permitted to issue medical advice during the Discovery Call. The Patient Advisor’s responsibilities include wellbeing support, navigation and to provide you with an overview of advice and treatment options, along with guidance around Additional Services or Reimbursement Policies (if applicable).
4.3 “Consultations” are with a qualified Fertifa Nurse or Doctor. It can only take place after a Discovery Call is performed by a Patient Advisor. Consultations are at additional costs (payable by you, your Employer or Employer Partner depending on the agreement in place) of which you will be informed of prior to booking. During this call you can expect a clinical consultation. Qualified doctors from the Fertifa Clinical Team can offer diagnoses on certain aspects of fertility, menopause, sexual and reproductive health.
4.4 “Referral Calls” can also take place after a Discovery Call is performed by a Patient Advisor. A Referral Call will be with a Fertifa Clinical Team member to who may be able to refer you to a Fertifa Partner Provider or a Third-Party Provider.
4.5 If your Employer or Employer Partner provides a Reimbursement Policy to fund or part fund the Fertifa Additional Services or you have access to a Financial Package, your Fertifa Patient Advisor will discuss the Reimbursement Policy or Financial Package with you, including any restrictions or exclusions. Please note that while the Fertifa Patient Advisor can provide guidance, it is your responsibility to read the full Terms and Conditions of your Reimbursement Policy, or any additional Private Medical Insurance, issued by your Employer or the Employer Partner. Where the Reimbursement Policy does not cover the cost of the Additional Services or only part covers the cost, you will be liable to pay any shortfall. Payment for any costs not covered by the Reimbursement Policy must be received upfront in full prior to Fertifa Additional Services being delivered.
4.6 Where Fertifa Additional Services are being performed by Partner Providers, you will pay the Partner Provider directly. Depending on the existence of and the terms of a Reimbursement Policy, you may be entitled to reclaim some or all of these costs. If you are eligible for Reimbursements, subject to receipt and confirmation of validity of receipts and invoices, Fertifa will coordinate reimbursement with your Employer or the Employer Partner.
4.7 Where Fertifa Additional Services are provided by a clinic or provider that is not a Partner Provider you will be responsible for paying the clinic or provider directly. Depending on the existence of and the terms of a Reimbursement Policy, you may be entitled to reclaim some or all of these costs. If you are eligible for Reimbursements, subject to receipt and confirmation of validity of receipts and invoices, Fertifa will coordinate reimbursement.
4.8 Not everyone will be entitled to or eligible for a Reimbursement Policy as it depends on what your Employer or the Employer Partner has agreed to offer. Before deciding to proceed with any Fertifa Additional Services you should be clear what and how much will be covered by your Reimbursement Policy, and what will remain your responsibility to pay, including in the event that your Employer or the Employer Partner terminates their contract with us. Please speak to your Fertifa Patient Advisor for guidance and also consult your Employer or the Employer Partner if you have any additional questions and in advance of any upfront payment.
4.9 Please note, if you are entitled to or eligible for a Reimbursement Policy, the cost of any Fertifa Additional Services paid by the Reimbursement Policy may be subject to income tax as it may be construed as a benefit-in-kind depending on your local tax jurisdiction and rules. Please speak to your Employer or the Employer Partner should you have any questions about the tax you may incur on this benefit. Fertifa does not provide nor is responsible for any personal tax advice or assessment.
4.10 We will use our reasonable care and skill to provide the Fertifa Services to you. Our staff (including your Fertifa Patient Advisor) are all trained, qualified and experienced in the activities they are undertaking. If you do not think that we have provided services to you in accordance with these standards, please let us know as soon as possible. We aim to correct the issue. We will help you with wellbeing and navigation support on your reproductive health journey but you must appreciate that there are no guarantees of any particular outcome.
4.11 Complaint process. If you wish to lodge a formal complaint to Fertifa, please do so in writing to info@fertifa.com. Fertifa will acknowledge the Complaint within 5 working days, and our aim is to send a response based on the investigation within 28 working days of the complaint first being received. If this is not possible then a letter will be sent explaining why the response might take longer than 28 days, along with an estimated response time addressing the original complaint. 4.13 We may also request to provide and collect information, including a Medical History Questionnaire or Fertifa Passport which will be used to inform our internal Fertifa Patient Advisors and an information sharing consent form relating to our information sharing policy with Partner Providers. You can find out more about how we process your personal data within our Privacy Policy (www.fertifa.com/cookie-and-privacy-policy).
5. Partner Providers
5.1 Fertifa has partnered with fertility clinics and other organisations in order to deliver some of the Fertifa Services.
5.2 Our Partner Providers have committed to Fertifa to ensure that their performance of the Treatments and their other services are provided with the highest level of care, skill and diligence in accordance with best clinical practice and in the best interests of our patients. Fertifa conducts an annual review of each of our Partner Provider clinics to ensure that standards are consistently upheld. If you do not think that our Partner Providers have provided services to you in accordance with these standards, please let us know as soon as possible through our Complaints procedure. We will raise these concerns with our Partner Providers and ensure they follow their complaints or other procedures to resolve your concerns as soon as practicable.
5.3 Our Partner Providers are all registered with applicable regulatory bodies, as required and relevant to the Treatment and other ancillary services they provide including, without limitation in the UK the Care Quality Commission (www.cqc.or.uk) and/or the Human Fertilisation and Embryology Authority (www.hfea.gov.uk).
5.4 The terms and conditions of our Partner Providers will apply to the Treatments and services that they provide to you. Please carefully read these terms and conditions. Our Partner Providers are located in England and Wales and/or the Republic of Ireland as well as potentially other countries and use doctors accredited and qualified to practice in those locations and jurisdictions.
5.5 If you have a medical emergency related to the performance of any Treatment performed by a Partner Provider, you should always contact the Partner Provider, your doctor and/or the emergency services. Treatment is performed by or under the supervision of our Partner Providers and all queries of a medical nature and that relate to such clinical Treatment are to be answered by that Partner Provider.
5.6 Fertifa may receive medical information related to your Treatment and other services from our Partner Providers which we will pass on to you. You should always speak to the Partner Provider or a doctor or healthcare professional if you have any concerns about the information you have received from us. Such medical information will be handled in accordance with our Privacy Policy (www.fertifa.com/cookie-and-privacy-policy).
6. Providing the Fertifa Services
6.1 You may only purchase products or participate in the Fertifa Services if you are at least 18 years old.
6.2 You can access the Fertifa Services via the App (“Online Access”), which we may update from time to time.
6.3 Technical or security threats or issues affecting our App, website or infrastructure may require us to suspend Online Access in order to ensure it is secure and/or operating optimally. We will minimise these suspensions, but are not responsible to refund charges (if any have been paid) or compensate you if they occur, unless they exceed 30 days in aggregate in any twelve (12) month period, in which event you may cancel this Agreement.
6.4 Restrictions relating to use of Fertifa Services. You must not:
(a) rent, lease, sub-license, loan, provide, or otherwise make available, the Fertifa Services in any form, in whole or in part to any person without prior written consent from us;
(b) copy our intellectual property (IP) or any other information provided to you as part of the Fertifa Services, except insofar as required to participate in the Fertifa Services;
(c) translate, merge, adapt, vary, alter or modify, the whole or any part of the Online Access nor permit the Online Access or any part of it to be combined with, or become incorporated in, any other programmes;
(d) disassemble, de-compile, reverse engineer or create derivative works based on whole or part of our services nor attempt to do any such things.
6.5 Furthermore, you must not:
(a) use the Online Access in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Online Access or any operating system;
(b) infringe our intellectual property rights (IPR) or those of any third party in relation to your use of the Online Access, including by the submission of any material or information to us (to the extent that such use is not permitted by this Agreement);
(c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Online Access;
(d) use the Online Access in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users. We do not guarantee that the Online Access will always be virus-free and you must ensure that your devices have adequate virus protection software;
(e) collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running the Online Access; or
(f) attempt to gain unauthorised access to the Online Access.
6.6 You may be sending and receiving sensitive information through the Online Access. You should make sure you are accessing the Online Access through secure or safe networks with a minimum of WPA-2 security.
7. Our Products
7.1 We sell products, as Additional Services, related to the Fertifa Services, including but not limited to, blood testing and sperm testing kits.
7.2 Products may vary slightly from their pictures. The images of the products or their packaging on our website, the App or other materials are for illustrative purposes only. The product or packaging may vary slightly from the images.
7.3 The costs of delivery will be as displayed to you on our website or otherwise communicated to you in writing. We will deliver them to you as soon as reasonably possible and in any event within thirty (30) days after the day on which we accept your request for the product.
7.4 A product which is a physical good will be your responsibility from the time we deliver the product to the address you gave us.
8. Our rights to make changes
8.1 Changes to the Fertifa Services. We may change the Fertifa Services:
(a) to reflect changes in relevant laws, guidance and regulatory requirements;
(b) to implement technical adjustments and improvements, for example relating to technological or scientific advances, or changes in quality or safety requirements; and
(c) if a Partner Provider changes what Treatments they offer or how they deliver them.
If there are any changes in the Fertifa Services we will update the information in the App and notify you and if you have any treatments or services scheduled that are no longer valid we will offer you alternatives. If you do not accept such changes you may then contact us to end this Agreement before the changes take effect and we will refund you, and/or your Employer or the Employer Partner if a Reimbursement Policy was used, for any products/services paid for but not received.
9. Your rights to end this Agreement and refunds
9.1 Cancellation. You may cancel this Agreement within 14 days from the day after we confirm we accept your order of the products or Fertifa Additional Services (“Cancellation Period”). If you cancel during the Cancellation Period, we will refund any initial set up fees paid to us within 14 days from the day on which we receive your cancellation notice provided that if you receive any Fertifa Additional Services within the Cancellation Period, we will reduce the amount of any refund (or take payment from you) to recover any costs and charges for Additional Services that have been incurred. In the event of cancellation, Fertifa reserves the right to refuse any future request to participate in the Fertifa Programme. For any initial payment, we will refund you on the credit card or debit card used by you to pay, or by bank transfer if you request, or if any payment was made through the Reimbursement Policy we will refund the relevant amount to your Employer or Employer Partner.
9.2 Cancellation outside of the Cancellation Period. You may end this Agreement after fourteen (14) days’ of our confirmation of accepting your order of the products or Fertifa Additional Services if:
(a) for medical reasons, you no longer require Treatment, care or other services provided by our Partner Providers;
(b) the products, Treatments or other services are unavailable for reasons outside our control as set out in clause 16.5;
(c) you did not accept a change we make to this Agreement under clause 8.1 ; or
(d) we have failed, within six months of receiving notice from you, to fix or re-perform services not provided to the standards set out in clause 4.12.
9.3 If you wish to cancel this Agreement under this clause 9 (whether during the Cancellation Period or outside of the Cancellation Period), you must give us written notice by emailing us at info@fertifa.com.
9.4 Returning products after ending this Agreement. If you end this Agreement for any reason after products have been dispatched to you or you have received them, you must e-mail us at info@fertifa.com to let us know and we will provide supplier details to return the product to. If you are exercising your right to change your mind you must send off the goods within 14 days of informing us you wish to end this Agreement. If you are returning products because you have changed your mind we will only accept such returns if the products are in their original unopened condition.
9.5 Because you are a consumer, we are under a legal duty to supply products that are in conformity with this Agreement. As a consumer, you have legal rights in relation to products or services that are faulty or not as described. These legal rights are not affected by your right of refund in this clause 9 or anything else in this Agreement.
10. Our rights to end this Agreement
10.1 We may end this Agreement at any time by writing to you if:
(a) you do not make any payment to us or a Partner Provider when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
(b) your Employer or Employer Partner stops paying the Programme Fees;
(c) the contract between your Employer or Employer Partner and us expires or is terminated;
(d) you have breached any provision of this Agreement or the contract between you and a Partner Provider;
(e) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Fertifa Services to you;
(f) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 Fertifa reserves the right not to make available the Fertifa Services to you. The circumstances where this may occur include if you have been, or our Partner Providers have reported to us that you have been, violent or verbally or physically aggressive or otherwise harassing to any member of Fertifa’s or a Partner Provider’s staff or generally not conducting yourself to professional or civil standards.
10.3 Fertifa reserves the right not to make available the Fertifa Services to you if any circumstances arise where we consider that the Fertifa Services are unlikely to be beneficial or applicable to you or which gives Fertifa any other reasonable grounds to end your participation in the Fertifa Services. In these instances we may either suspend your right to receive the Fertifa Services or terminate this Agreement by notifying you.
10.4 Where the Fertifa Services are made available to you through your Employer or an Employer Partner and you are no longer entitled to receive coverage, or they cancel their contract with us, your access to the Fertifa Services shall end immediately. If you would like to continue access to the Fertifa Services, please contact us and we can discuss with you the costs involved so that you can choose whether to meet those costs yourself. If your Employer ceases paying the Programme Fees and/or offering the Reimbursement Policy for any reason, you will be responsible for any outstanding fees or charges (whether they are our fees or charges or those of any Partner Providers) relating to the Fertifa Additional Services, including products or Treatments you continue to use.
10.5 If we end this Agreement, you must stop all activities authorised by this Agreement, including the use of any Fertifa Services. We may cease providing you with Online Access.
10.6 You must compensate us if you breach this Agreement. If we end this Agreement in the situations set out in clause 10.1, we will refund any money you have paid in advance for products or services we have not yet provided, but we reserve the right to deduct reasonable compensation for the net costs we will incur as a result of your breaking this Agreement.
11. If there is a problem with the Fertifa Programme
11.1 If you have any questions or complaints about any aspect of the Fertifa Programme, please contact us. You can write to us at info@fertifa.com or 7 Savoy Court, London, WC2R 0EX.
11.2 We are under a legal duty to supply products and services that are in conformity with this Agreement. Nothing in this Agreement will affect your legal rights.
12. Price and payment
12.1 Fertifa Additional Services prices and payment. We will inform you in advance of the cost of Fertifa Additional Services to be performed by Fertifa or our Partner Providers. An invoice in respect of such these fees shall be sent to you and you are required to pay such invoiced amounts within five (5) Business Days and/or before the applicable Fertifa Additional Services are provided whichever date is sooner. Invoiced sums should be paid by credit or debit card or by electronic transfer of funds to the Fertifa bank account, details of which are set out in the invoice.
12.2 Payment to Partner Provider or Third-Party Provider. Any payment to a Partner Provider or Third-Party Provider must be paid to them directly. They will communicate with you directly about invoices, payment methods and any terms and conditions (including any late fee penalties) associated with the Treatment. You might also be entitled to a discount on their services for being referred by Fertifa, please check with Fertifa to see if that is the case.
12.3 Product prices and payment. The price of any products which may have VAT applied will be the price indicated on the order form you complete, via an e-mail from us. Payment should be made by credit or debit card or by electronic transfer of funds to the Fertifa bank account, details of which are set out in the invoice. You must pay for the products before we dispatch them.
12.4 Fertifa reserves the right to charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount.
12.5 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products or services we sell may be incorrectly priced. If the product or service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a service’s pricing is higher than the price stated to you, we will request the payment of the outstanding amount., If there is failure to pay the difference, Fertifa reserves the right to end this Agreement, refund you any sums you have paid (in the case that you have not yet received the product/service) and/or require the return of any goods provided to you (in the case that you have received the product/service). If the pricing is lower than the price stated to you, we will refund you the difference to your same form of original payment.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement 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 this Agreement was made, both we and you knew it might happen, for example, if you discussed it with our Fertifa Patient Advisors or medical staff.
13.2 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; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and; and for defective products under the Consumer Protection Act 1987.
13.3 Partner Provider Liability. Our Partner Providers are fully responsible for all Treatments and other services that are provided to you by them and will be liable and have insurance for any claims that you may have against them. All Treatments and other services provided to you by our Partner Providers will be on the terms and conditions of such Partners Providers and Fertifa, subject to clause 13.2 and insofar as possible under applicable laws, guidance or regulations, disclaims liability for the performance of such Treatments or other services.
13.4 We are not liable for business losses. We only supply the Fertifa Services and/or products for your private use. If you use the Fertifa Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1 We need to collect some information from you in order to be able to provide the Fertifa Programme to you. It is important that the information you provide to us is correct. We will only use your personal information as set out in our Privacy Policy (www.fertifa.com/cookie-and-privacy-policy). Please take the time to read our Privacy and Cookie Policy as they include important terms which apply to you.
14.2 Our Partner Providers will also collect and use your personal information and will also let you know how they will handle your data. You should refer to their privacy policies/data protection notices as well to understand how your information will be used.
14.3 Where your Employer’s Reimbursement Policy is covering some or all of the cost of Fertifa Additional Services, these may be subject to income tax in relation to you, as it is a benefit-in-kind. In order to comply with tax reporting requirements in relation to you, your Employer needs to know the value of the treatments for which they have paid. If you claim Fertifa Additional Services from your Employer’s Reimbursement Policy, Fertifa is obliged to provide the value of the service information to your Employer. However, we are not obliged to provide any information in relation to other details of the treatment being received by you.
14.4 Pursuant to HEFA Guidelines and to Human Fertilisation and Embryology (HFE) Act 1990 we will keep your data relating to fertility support on file for 30 years.
15. Intellectual Property
15.1 The content of our App and website at Fertifa.com, its subdomains and all products and services sold or arranged by us are protected by copyright, trademarks, database rights and other intellectual property rights, as are any educational or informative materials (“Educational Materials”) we give to you or which you access relating to the Fertifa Services (including, but not limited to, webinars, workshops, video tutorials, elearning modules, podcasts and the like). All intellectual property rights in the App, website and its subdomains, the Fertifa Information and the Fertifa Services, the Educational Materials, our brand and the Fertifa logo throughout the world (“our IPR”) belong to us. You have no intellectual property rights in, or to, our IPR other than the right to use them in accordance with this Agreement. The logo and branding of our Partner Providers and other business partners are trademarks and/or owned by such parties.
15.2 You may retrieve and display the content of the App, website or Fertifa Services on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print such content for your own personal use, provided you keep intact all and any copyright and proprietary notices. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the App, website, Fertifa Services or Fertifa Information, materials or content on our App, website or subdomains, or for sale from the App, website and its subdomains, or the Educational Materials without written permission from us. By ordering any products or agreeing to undertake any Fertifa Additional Services, you agree that those products or services you purchase may only be used by you for your personal use and may not be sold or redistributed without our express written consent.
16. Other important terms
16.1 Our right to vary these terms. We may amend this Agreement from time to time. Please note the date at the bottom of this Agreement to see when this Agreement was last updated. Every time you order products, Additional Services Treatments or anything else from us, the version of this Agreement in force at the time of your order will apply. We may revise this Agreement to reflect changes in relevant laws and regulatory requirements. If we have to revise this Agreement as it applies to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel this Agreement if you choose not to accept the changes.
16.2 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
16.3 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.
16.4 Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
16.5 Events outside of our control. If our supply of the Fertifa Services, including but not limited to the supply of products, 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 this Agreement and receive a refund for any elements of the Fertifa Services that you have paid for but not received.
16.6 If a court finds part of this Agreement 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.
16.7 Even if we delay in enforcing this Agreement, 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 you breaking this Agreement, 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. For example, if you miss a payment and we do not chase you but we continue to provide the products or Services (including but not limited to the Treatments or products), we can still demand payment at a later date.
16.8 This Agreement is governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. Fertifa is only responsible for the provision of medical care under the standards as upheld by the UK NMC (Nursing and Midwifery Council) and GMC (General Medical Council).
16.9 Alternative dispute resolution. 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. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre for Effective Dispute Resolution’s (“CEDR”) via their website at https://www.cedr.com/. If you are not satisfied with the outcome, you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
17. Definitions
In this Agreement, unless the context requires otherwise, the following terms shall have the meaning assigned to them below:
- “App” means the Fertifa Companion App downloadable on the Apple App Store and Google Play.
- “Business Day” means any day, other than a Saturday or Sunday or public holiday in England.
- “Cancellation Period” means the period of time that this Agreement may be cancelled. You may cancel this Agreement within 14 days from the day after we confirm we accept your order of the products or Fertifa Additional Services.
- “Cycle” means a cycle of medical treatment which may either be (1) In-vitro Fertilisation (“IVF”), which can include the following stages: (a) stimulation; (b) egg collection; (c) fertilisation; (d) reinsertion of fertilised egg; (2) Intrauterine Insemination (“IUI”); or (3) Fertility Preservation, such as, but not limited to, egg freezing, embryo freezing or sperm freezing.
- “Employer” means the company you are employed by.
- “Employer Partner” means a potential distribution, insurance or other partner of your Employer who enters into an Agreement with Fertifa to provide the Services to you.
- “Fertifa Patient Advisors” means those persons engaged by Fertifa to provide part of the Fertifa Services. These are not accredited medical professionals and therefore can not dispense medical advice, but they are members of staff who are trained, qualified and/or experienced in the activities they are undertaking.
- “Financial Package” means assistance or navigation provided by Fertifa to assist with costs of Treatments outside of a Reimbursement Policy.
- “Fertifa Services” means all or any of the Services as defined below.
- “Partner Providers” means third-party providers (including, without limitation, Third-Party Clinics) who are partnered and annually reviewed by Fertifa and who Fertifa may recommend to you for Treatments . Fertifa does not receive any economic benefit from any partnerships with Partner Providers. Any applicable discounts will get passed onto you directly.
- “Programme Fee(s)” means the fees paid by you, your Employer or Employer Partner in order for you and others to access the Fertifa Services. For the avoidance of doubt, Programme Fees only provide you with access to request Fertifa Additional Services, the provision of which will incur additional fee(s).
- “Reimbursement Policy” means an amount of money that your Employer or Employer Partner has agreed to contribute to the your and eligible Treatments. This contribution is not available to all employees and you should check with your Employer what, if any, contribution they may make before you proceed with any Treatment(s).
- “Services” means all or any of the Fertifa Services, Fertifa Additional Services and Treatments provided by Fertifa or Partner Providers or Third-Party Clinics.
- “Third-Party Clinics” means medical clinics authorised and regulated by the Human Fertilisation and Embryology to provide the Treatments.
- “Treatments” means the medical fertility treatments which shall be performed by Third-Party Clinics for the benefit of patients which may include, but are not limited to, a Cycle or Cycles, as well as consultations, diagnostic testing and or services and treatments such as fertility coaching, counselling, nutrition advice, reflexology and acupuncture.
