At Hertility Health our mission is to build a reproductive revolution by putting an accessible and affordable health service in the hands of women everywhere. We are passionate about high-quality and convenient healthcare. We are also passionate about privacy. We strive to comply with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA) and to be market leaders when it comes to healthcare and privacy.
This policy explains how we use your personal data. Please make sure you check this policy and if you don’t agree with it, then you shouldn’t use our site or service. We want to help you understand how we work with your data, so that you can make informed choices and be in control of your information. We invite you to spend a few moments understanding this policy. We may update this policy from time to time and, if we make any material changes, we will notify you when we do so. We will provide you with the opportunity to review such changes. By continuing to use our products and services after the changes have been made and we have notified you of them, the way we use your personal data will be subject to the terms of the updated policy.
This policy explains how we use your personal data for our healthcare services and products, including, amongst others, any private service. It also governs the use of your data through any of our websites, including the Hertility Health website.
This policy covers:
Who we are;
What personal data we hold and how we get it;
What we use your personal data for;
Sharing your personal data;
Data security and transfers;
Your rights; and
If you have any further questions about how we process your information, please don't hesitate to get in touch by contacting our Data Protection Officer:
Address: Data Protection Officer, Hertility Health, International House, Constance Street, London, England, E16 2DQ
Who we are
Hertility Health Limited is a company registered in England and Wales (number 11814367) which provides the technology that supports our services. The registered office for our company is International House, Constance Street, London, England, E16 2DQ.
Your relationship is with Hertility Health Limited. When this policy talks about ‘Hertility Health’, ‘us’ or ‘we’, it means Hertility Health Limited. We may provide your data to other companies within our corporate group.
What personal data we hold and how we get it:
We use the following categories of personal data:
When you register with us, you complete forms and provide us with basic information about yourself, such as your name, date of birth, physical address, and email address.
If you provide us with your email address: we may use it to send confidential health information, unless you have told us not to do so.
Health and Medical Information
The main type of information we hold about you is health and medical information: information about your health, symptoms, treatments, consultations and sessions, medications, and procedures. We get this information directly from you, when you register with us and when you take our Care Questionnaire and use our services.
Shockingly, there is no long-term dataset on female gynaecological pathologies. This needs to change so that real insight and research can be done to help women globally. We believe that the lack of current and concise data is what’s holding us back and we’ve been held back for long enough. By completing our Care Questionnaire you're sharing vitally important data with us that we'll use anonymously and in aggregate to help solve this problem.
By obtaining a Hertility test and sending your sample to our partner laboratory we assume you are giving Hertility and its partner laboratory your informed consent to perform the tests you have requested. We also take it as apparent that you are consenting to being contacted by the phone number and/or email you provide on any form in relation to your blood test request.
When you purchase or use our products and services, we will collect and process data concerning health, including blood samples, test information or any further information we might receive from our partner accredited laboratories. When you activate a service or product, we will collect and process information relating to your personal health record as well as a suitability questionnaire to confirm that the service or product is appropriate to your needs. By obtaining a Hertility test and results we will ask you to give Hertility and its partner clinics your informed consent to review the results you have requested so that we can direct you to the best service that is most appropriate to your needs. You can withdraw your consent to this processing at any time by emailing us at firstname.lastname@example.org.
Please be assured that we don't collect or store DNA, blood or any additional information that hasn't been requested by you. Our labs are UKAS compliant and they dispose of your samples immediately and at least within 7 days, as per lab policy.
If you make any payments on the website, your credit/debit card details are processed directly by a third party processor that will store all payment information and transaction details. We will only retain details of transactions on secure servers and we will not retain your credit or debit card information.
Technical Information And Analytics
When you use our website, we may automatically collect the following information where this is permitted by your device settings:
technical information, including the address used to connect your mobile phone or other device to the Internet, your login information, system and operating system type and version, browser or app version, time zone setting, operating system and platform, and your location (based on IP address); and
information about your visit, including products and services you viewed or used, website response times,
interaction information (such as button presses) and any phone number used to call our customer service number.
We work with partners who provide us with analytics and advertising services (for our services only and not for third party advertising). This includes helping us understand how users interact with our services, providing our advertisements on the internet, and measuring performance of our services and our adverts. Cookies and similar technologies may be used to collect this information, such as your interactions with our services.
How we use your data to help you
You may choose to connect your existing accounts with other providers (such as a social media provider) to your account with us. This may, for example, make it easier to create an account with us. If you choose to do this, we will receive limited information about you from that provider, such as your email address, name, and other sign-up related details.
Professionals involved in your care have accurate and up-to-date information;
We have all the information necessary for assessing your needs and providing excellent care;
Your concerns can be properly investigated if you raise a complaint.
Accurate information about you is available if you:
a) Move to another area
b) Need to use another service
c) See a different healthcare professional
Information Obtained From Third Party Services
You may choose to connect your existing accounts with other providers (such as a social media provider) to your account with us. This may, for example, make it easier to create an account with us. If you choose to do this, we will receive limited information about you from that provider, such as your email address, name, and other sign-up related details.
What We Use Your Personal Data For:
The purposes for which we use your personal data and the legal grounds on which we do so are as follows:
We obtain and use your personal details and financial details in order to establish and deliver our contract with you.
We may obtain and use your medical information because this is necessary for medical purposes, including medical interpretation and the guidance towards the provision of healthcare or treatment. Where you have provided your explicit consent, we will use your medical information (always having removed personal identifiers, such as your name, address and contact details) to improve our healthcare products and services, and our artificial intelligence system, so that we can deliver better healthcare to you and other Hertility Health users. This medical information (deidentified in the way described above) may include your interactions with our artificial intelligence services, such as our symptom checker. This does not involve making any decisions about you – it is only about improving our products, services and software so that we can deliver a better experience to you and other Hertility Health users, and help achieve our aim of making healthcare affordable and accessible to everyone. Strict confidentiality and data security provisions apply at all times.
We may use strictly anonymised information (including medical information) to improve our healthcare products and services.
We may obtain and use data about your precise location where you give your consent (through providing us access to your location), for example, to help direct you to the nearest clinic.
We may obtain and use data about your precise location where you give your consent (through providing us access to your location), for example, to help direct you to the nearest clinic. We may also derive your approximate location from your IP address.
We use your email address and/or phone number to contact you with occasional updates and marketing messages where you have not opted out, based on our legitimate interest in marketing our services to you and subject to your right to opt out at any time.
Based on our legitimate interest in managing and planning our business, we may analyse data about your use of our products and services to, for example, troubleshoot bugs within the website, forecast demand of service and to understand other trends in use, including which features users use the most and find most helpful, and what features users require from us. This does not involve making any decisions about you - it is only about improving our website so that we can deliver better services to you. Strict confidentiality and data security provisions will apply at all times.
Where necessary, we may need to share personal and financial details for the purposes of fraud prevention and detection.
We may also store your medical information, such as your interactions with our digital services, for safety, regulatory, and compliance purposes. For example, we may need to review your information and, where necessary, make disclosures in compliance with reasonable requests by regulatory bodies including the MHRA and Care Quality Commission, or as otherwise required by law or regulation.
Where necessary for safety, regulatory and/or compliance purposes, we may audit consultations and your other interactions with our services. Strict confidentiality and data security provisions will apply at all times to any such audit and access. We may use non-personal data (data from which an individual cannot be identified) to improve our products and services.
Collection and Usage of Information
Where you purchase our Hertility test, we will need to collect the following information from you:
your personal details, including your name and date of birth;
contact information, including your email address and delivery address;
any answers to the ‘Care Questionnaire’;
any queries that you raise with us, for instance, you may submit a question by email to us about the test;
and all other information that you choose to provide us.
Our third party payment provider will need to collect your payment details in order to process your order for us. In order to carry out the testing, we will also need to collect your blood sample ("Sample"). We will receive and store your test results, all related correspondence, materials and information from our third-party testing laboratory.
We will only use the data that we collect about you for the following purposes and in accordance with your preferences:
to deliver the test kit to you, so that your Sample can be collected;
to perform the test, our third-party laboratory will perform the test on the Sample which you have provided to us;
to analyse your test result, we will review the results received from our third-party laboratory so that we can provide you with a report;
to improve our product and carry out research into reproductive health and fertility;
to contact you about your test, we will contact you once your results are ready to view on your personal dashboard, or if there is a problem with your test, or if we have further information about your order or test results;
to respond to your queries that you submit through our website or via any other communication medium such as email or letter regarding your test;
to contact you about new test services or similar services;
to help us to improve our website and/or application, including its content, layout and navigation;
to verify your user credentials when you attempt to login to the website;
to analyse user traffic and other metrics relating to the use of our website.
We will not use your Sample related information for any other purpose without your explicit consent.
Handling, storage and destruction of your information
We impose appropriate obligations to protect the security and privacy of your information where we use third-party providers. The tests carried out on your Sample are only those that you have agreed to being run. Your Sample will be sent to our third party testing laboratory so that they can perform the test. Once the test has been performed, the Sample will be destroyed.
Sharing your personal data with others
We may share your personal data with members of our corporate group and our partners. This is to help us deliver our services to you.
We may share your personal data with companies we have hired to provide services on our behalf, including those who act as data processors on our behalf, acting strictly under contract in accordance with Article 28 GDPR. Those data processors are bound by strict confidentiality and data security provisions, and they can only use your data in the ways specified by us.
We may share with our commercial partners aggregated data that does not personally identify you, but which shows general trends, for example, the number of users of our service.
We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of our services or the physical safety of any person.
Except as described above, we will never share your personal information with any other party without your consent.
We retain your health details in accordance with national best practice guidance - in particular, advice provided by the Department of Health (2006) Records management: NHS code of practice, and summary guidance issued by the British Medical Association.
Data Storage, Security And Transfers.
We store all your personal health data - including your primary care information, medication information and diagnostic information - on secure servers.
Where you have chosen a password that enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.
We do not store any credit or debit card information. Payments are processed via a third party payment provider that is fully compliant with Level 1 Payment Card Industry (PCI) data security standards. Any payment transactions are encrypted using SSL technology.
Your data may be processed or stored via destinations outside of the UK and the European Economic Area, but always in accordance with data protection law, including mechanisms to lawfully transfer data across borders, and subject to strict safeguards. For example, we work with third parties who help deliver our services to you, whose servers may be located outside the UK or EEA.
As indicated above, whenever we rely on your consent to process your personal data, you have the right to withdraw your consent at any time by contacting us. You also have specific rights under the GDPR and DPA to:
Wherever we process data based on your consent, withdraw that consent at any time.
Understand and request a copy of information we hold about you. For other information, you can make a request by email;
Ask us to rectify or erase information we hold about you, subject to limitations relating to our obligation to store medical records for prescribed periods of time;
Ask us to restrict our processing of your personal data or object to our processing; and
Ask for your data to be provided on a portable basis. You may also contact the Information Commissioner's Office (the data protection regulator in the UK): Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, telephone: 0303 123 1113 (local rate).
Cookies help us provide you with the best possible experience. When you re-visit our website, cookies allow our website to recognise you, remember your preferences and tailor your use of our website. Information provided by cookies can help us to analyse your use of our website and help us to provide you with a better user experience.
Cookies are referred to as either "session" or "persistent" cookies, depending on how long they are used for:
Session cookies only last for the duration of your online session and disappear from your device when you close your browser. Session cookies are not stored on the hard drive of your device.
Persistent cookies are stored on the hard drive of your device after the browser has been closed and last until you delete them or they reach their expiry date. Persistent cookies are activated each time you visit the site where the cookie was generated.
These Terms set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
About our Services
The Services are provided for educational and information purposes. We're here to help you make more informed decisions about your fertility and reproductive health journeys, not to make these decisions for you or take the place of your health care providers. Although our website, images, content, and communications may reference health-related topics, we make no warranty whatsoever that any of the articles are accurate, up-to-date, or error-free. Even if a statement we make is accurate, it may not apply to you or to your specific symptoms. The Services are not a full diagnosis of your fertility. The test and your results are designed to be an indicative guide to your reproductive health.
No one at Hertility Health can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented in our Services; you're using the Services at your choice and at your own risk.
By entering into the agreement, you are giving us permission to gather, process, and store your personal information for the purpose of providing our services to you. This doesn't affect any rights and obligations you or we have under data protection law.
You can withdraw your permission by closing your account, which will end the agreement between you and us. If you do this, we'll stop using your information for the purpose of providing our services, but we may need to keep your information for other legal reasons.
Hertility Home Testing Kit (“Hertility Kit”)
You must be 16 years or older to order the Hertility Kit.
Price and payment
You will need to pay a fee to use the Service. The fee will depend on the type of Service you choose. We will make the total cost clear to you before you incur any charges and you will be responsible for any charges incurred from that point on.
We use a third-party payment provider to process your payment. Once we receive your payment, we will process your order and send you a Hertility Kit.
Receiving your results
Though unlikely, it may take up to 4 weeks for your test results to be ready. We will keep you updated with the progress of your results from time to time.
You will need to retain your registration details and any access password in order to access your results on the dashboard.
You must provide us with accurate, complete, and up-to-date registration information. Failure to do so will be a breach of these Terms. Where your details change following registration, please let us know by contacting us.
Risks and Considerations
Our Hertility Kit results are not fully comprehensive.
Your results provided are based on the latest research at the time of purchase and is correct to the best of our knowledge.
The laboratory may not be able to process your sample. You do need to send us your sample on the day that you take it otherwise the sample will likely degrade and not be able to be tested. Occasionally the laboratory is unable to test samples because the sample is too small, or it has deteriorated, clotted, or haemolysed.
We use a third-party laboratory to carry out the testing on your blood sample. The testing may not be possible if there is insufficient blood, or the blood sample has been contaminated in any way.
There is also a risk that the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, we will offer to send another kit to you to collect a second sample at no charge. If this second attempt at blood collection is unsuccessful, we may, in our sole discretion provide you with a refund of your payment and cancel the Hertility Kit test.
The laboratory process may result in errors.
We make every effort to ensure our data is as accurate as possible, with all analyses carried out in an NHS approved, accredited laboratory. If an error is detected in our process, we will provide you with the amended results free of charge.
We may not be able to present you with a full complement of results.
It may not always be possible to obtain a clear result due to biological or technical complications. This means that such results are not accurate enough to provide you with a clear report. In such circumstances, we may choose not to report a result, and we will inform you that our tests were inconclusive for this data point.
Our Hertility Kit test and results are provided for your information only. Blood tests must never be relied on to provide a full diagnosis without the advice of a doctor. It is your responsibility to follow up any of your results with an appropriate health professional, which we can guide you to, if you so choose.
We or any persons associated with Hertility Health are not responsible or liable, whatsoever, for any consequences, injuries, or problems that may occur due to your interpretation of and use of this information or the information provided in the Hertility Kit.
1.1 Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. The Company may suspend or terminate your Account in accordance with Section 8.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Access to the Site
2.1. Licence. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited licence to use and access the Site solely for your own personal, non-commercial use.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
2.3 Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Site.
2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content, are owned by the Company or the Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. The Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
3. User Content
3.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings and the responses to the Care Questionnaire or any questions you respond to). You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. The Company is not obligated to backup any User Content, and your User Content may be deleted from the Site at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
3.2 Licence. You hereby grant (and you represent and warrant that you have the right to grant) to the Company an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicences of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorised access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
3.5 Feedback. If you provide the Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify the Company (and its officers, employees, and agents), including costs and legal fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Third-Party Links & Ads; Other Users
5.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Links & Ads. The Company provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
5.2 Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
5.3 Release. Subject to applicable law, you hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).
The Site is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law, the Company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
7. Limitation on Liability
To the maximum extent permitted by law, and subject to the final paragraph in this Section 7, in no event shall the Company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, even if the Company has been advised of the possibility of such damages. Access to, and use of, the Site and the content provided in association with the Site, such as the reports provided to you, is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, and subject to the final paragraph in this Section 7, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty pounds sterling (GBP 50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms.
The exclusions in this Section 7 shall apply to the maximum extent permitted by law, but the Company does not exclude liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which may not be excluded by law.
8. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 to 2.5, and Sections 3 to 9.
9.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
9.2 Electronic Communications. The communications between you and the Company use electronic means, whether you use the Site or send us emails, or whether the Company posts notices on the Site or communicates with you via email. Our Services may include communications or content that you receive outside of the Hertility applications, including email messages, push notifications, phone calls, videoconferencing, or our website materials. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
9.3 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site.
9.4 Waiver. A waiver by the Company of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorised representative of the Company, and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
9.5 Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
9.6 Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
9.7 Relationship between you and us. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other.
9.8 Relationship between you and us. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other.
9.9 Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
9.11 Contact Information. If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at:
Address: International House, Constance Street, London, England, E16 2DQ
Conditions of Sale and Services
Last Updated: December 2020
Defined terms have the meaning given to them in Section 20 of these Conditions or where defined in the body of these Conditions.
1.1 Hertility Health allows customers to access secure laboratory testing from the privacy of their own home. To avail of Services you must purchase a Product, either from the Site or from a partner clinic.
1.3 Your purchase of a Product or Service constitutes your agreement to these Conditions and these Conditions are a legal agreement between you and us. By placing an Order for Products and/or Services, you are accepting and agreeing to these Conditions. you represent and warrant that you have the right, authority, and capacity to accept and agree to these Conditions. You represent and warrant that all information that you have provided to us is accurate and complete and in no way misleading given the context. You also represent and warrant that you are of sufficient legal age in your jurisdiction of residence to purchase and use the Products & Services and to enter into these Conditions. If you do not agree with any of these Conditions, do not purchase the Products or Services.
2. Modifications Of These Conditions
We reserve the right to modify the Services, Products and the rules and regulations governing their use at any time, including, without limitation, these Conditions. Modifications will be posted on the Site and the “Last Updated” date at the top of this webpage will be revised. You understand and agree that if you use the Services after the date on which these Conditions have changed, we will treat your use as acceptance of the updated Conditions. We may make changes in the Services at any time without prior notice to you.
3. Who We Are
Hertility Health Limited is a company registered in England and Wales (number 11814367) which provides the technology that supports our services. The registered office for our company is International House, Constance Street, London, England, E16 2DQ. Unless otherwise informed, your relationship is with Hertility Health Limited. When this policy talks about ‘Hertility Health’, ‘us’ or ‘we’, it means Hertility Health Limited. We may provide your data to other companies within our corporate group.
4. Information About The Products And Services
4.1 The Products and Services which you are ordering consist of:
Delivery of a blood sample kit (“Kit”) by an external third party laboratory (“Accredited Laboratory”);
Blood testing which is carried out by an Accredited Laboratory (as further detailed below); and
Preparation of a report containing general healthcare and lifestyle advice relating to the type of blood testing carried out by the Accredited Laboratory (“Report”) produced by an external doctor (as further detailed below) which will be presented to you via your Account Dashboard. (the “Services”).
Tele-consultation service with a who is both registered with the General Medical Council and holds a licence to practise.
4.2 You must complete the form enclosed with your Hertility Kit so that we can carry out the testing. You must follow all of the instructions included in your Kit-failure to do so, in particular, failure to return your blood sample with your personal details included and wrapped onto the blood collection tube using the sticker provided will result in the laboratory’s inability to carry out the tests and you will be liable for all fees and costs associated with purchasing any replacement Kit as a result, subject to applicable law. Please note that, as well as via the Site, we may also sell or give away Kits at trade shows, at popups or other similar promotions where the recipient of the Kit is not yet registered with us (“Hertility Retail Kit”). References to Kits in these Customer Terms include references to Hertility Retail Kits, in all instances except where the reference is specific to making an order online.
4.3 The blood testing is carried out by an Accredited Laboratory engaged by us. We reserve the right to change the Laboratory from time to time without notice. We will pay the Accredited Laboratory directly for both the Kit and the blood testing services on your behalf at cost.
4.4 The Report will be prepared by an external doctor engaged by us who is both registered with the General Medical Council and holds a licence to practise (“Doctor”). We do not guarantee that the Doctor who provides the Services in respect of one order will be the same as the Doctor who provides the applicable aspects of the Services in respect of a subsequent order. We will pay the relevant Doctor directly for this service on your behalf.
4.5 If you have any questions about the Services, please email email@example.com and we will arrange a consultation with our team.
4.6 We will endeavor to ensure that the Doctor and the Accredited Laboratory perform the Services with the best skill, care and diligence in accordance with best practice in their profession.
5. Online Order Submission, Payment, Delivery And Cancellation
5.1 We can not accept Orders from users whose IP address is outside, or where the user is resident outside, the United Kingdom from where we will accept Samples.
5.2 When you purchase the Products and Services and access the Site, you confirm (i) that you are 18 years of age or older; (ii) that you are resident in the United Kingdom where we will send test kits and accept Samples and you are accessing the Site from an IP address in the United Kingdom; (iii) that you are using the Site in your own name and not on behalf of anyone else; (iv) that you will not allow any other person to use the Site, Products, and Services under your name, nor will you in using the Products, Services or the Site, pretend you are someone else, or seek to disguise your identity; (v) that you are only using the Site, the Products and the Services for your own benefit and not for the purposes of providing Services to others; and (vi) all information that you provide is complete, accurate and not misleading in any way. If you provide any information that is untrue, inaccurate, non-current, misleading or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current, misleading or incomplete, then we have the right to terminate or refuse any and all current or future access, sale, or use of the Services and/or Products (or any portion thereof), and you may be further liable for providing such information.
5.3 In order for us to process your Order, you must complete the Order submission process which requires you, among other things, to: (i) provide us with personal information including the delivery address for your Product, (ii) purchase a Product that permits use of the type of Sample you are willing to provide, and (iii) confirm that we may make the Test Information available to you through your online Account.
5.4 Please note that we will not be able to provide you with a refund or replacement once the Hertility Kit has been carried out. Nevertheless, where we have carried out the Hertility Kit testing and your results are inconclusive such that we are unable to provide you with a report, we may in our sole discretion choose to:
give you a full refund of the price of the Service you have selected; or
offer you an additional Hertility Kit either without charge or at a discounted charge.
6. Orders And Availability
6.1 When you place an Order for the Product and Services through our Site, you will receive an email acknowledging our receipt of your Order. Your Order will be confirmed, and a binding contract formed, once we collect the purchase price and applicable taxes, and shipping costs from your selected payment method accepted by us ("Order Confirmation"). You should review the invoice immediately upon receipt and notify us of any mistake by email to firstname.lastname@example.org; no refunds will be issued once your Order is processed other than in accordance with the Cancellation Right detailed below.
6.2 All Orders are subject to review by a physician prior to acceptance by us, and we are under no obligation to accept an Order whether confirmed or not. In the event that a confirmed order is not accepted, a refund will be issued for any paid fees.
6.3 All Products and Services on our Site are subject to availability. If we accept your Order, we reserve the right to notify you at any time before delivery of the unavailability of the Product. You can then cancel the Order and we will refund you all money paid in full.
7.1 Unless otherwise noted, the prices listed for the Products reflect a single combined payment for the Products and Services. For Products ordered through the Site, the price includes standard delivery and return of the Product to the address provided by you and provision of the Services in accordance with these Conditions and the TOU. For Products purchased through a clinic, the price paid to the retail location may include the price for the provision of the Services in accordance with these Conditions.
7.2 For Products purchased through the Site, you agree to pay the price listed for the Product, the VAT and any other applicable sales or use taxes (to the extent applicable), delivery charges, and any other charges in relation to a Confirmed Order in advance by clicking on the payment button on the Site and following the required procedure.
7.3 By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your Order. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled until you are able to resolve the payment issue.
8.1 The Product is normally dispatched within two business days of Order Confirmation to the delivery address you provide during the Order submission process, but delivery times may vary. We may be unable to change the delivery address after the Order Confirmation.
8.2 Delivery dates advised by us in an Order Confirmation (consisting of a delivery date for the Product and a date for the provision of the Test Information) are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence. A Product may be shipped by us to the agreed delivery address in advance of any scheduled delivery date.
8.3 Risk of loss in a Product passes to you upon delivery of the Product to the agreed delivery address.
8.4 If you receive the wrong Products, damaged/faulty Products, or if certain items are absent from the Product, then please send us an email within seven (7) days of receipt of the Product at info@Hertilityhealth.com containing the following information: the Alpha code, Numerical code and Order ID (or description of the Product), and description of the missing or faulty item(s). Upon receipt of such notice we will arrange for a replacement Product to be sent to you as soon as possible.
9. Cancellation Right
9.1 Unless, otherwise required by law, if you purchase a Product via the Site, you have the right to cancel the contract for the purchase of the Product within fourteen (14) days of delivery of the Product to you.
9.2 To exercise the right to cancel, you must inform us of your decision to cancel in writing (e.g. a letter sent by email to email@example.com) notifying us of your decision to cancel, at your own cost.
9.3 If you exercise your cancellation right under Section 9.1, we will reimburse to you all payments received from you less the cost of the kit(s) and shipping fees, without undue delay. In the event that you cancel your Order prior to the test kit being shipped you will be eligible to receive a full refund. We will reimburse you using the same means of payment as you used for the initial payment, unless you have expressly agreed otherwise. We will not charge you any fees in connection with the reimbursement.
9.4 These Products are not suitable for return for health protection reasons.
10. Using The Service
10.1 In order to use the Services, you must set up an Account in accordance with these Conditions. Failure to do so means you will not be able to access Test Information.
10.3 You acknowledge that the Test Information does not constitute a definitive diagnosis. As with all screening tests, in a small number of cases there can be incidences of false-positive and false-negative results. For example, a person with a negative non-reactive or not detected test result could actually have a condition despite the Test Information, or a person with a positive reactive or detected test could be free from a condition even though Test Information indicated they do have such condition. All positive, reactive or detected results must be verified by a physician or other licensed healthcare professional through a confirmatory (diagnostic) test.
10.4 You acknowledge any Test Information does not constitute a definitive result. “Low”, “Normal”, or “High” readings do not constitute a definitive diagnoses and further testing will be required from your physician or other licensed healthcare professional. Further, if test results are normal, but symptoms remain we may recommend that you should be examined by a physician or other licensed healthcare professional.
10.5 The Services are limited to the Services as defined in Section 18 below. If you require medical advice or counseling in addition to the Services, you should seek the advice of your physician or other licensed healthcare professional. In some events, an employee or contractor of Hertility Health may contact you regarding a test result, Product or Service.
10.6 Any failure to comply with your obligations as outlined in this Section 10, particularly with regard to re-testing is entirely your responsibility.
10.7 You acknowledge and agree:
10.7.1 to take note of the date on which you are advised to perform the test ‘Test Date’, information in relation to which is included on the Site. Test Dates can vary for everyone and it may be recommended to retest if you tested on the wrong day of your cycle.
10.7.2 to comply fully with all instructions included with the Product and to return the Sample in the Product within the time set forth in the Product instructions.
10.7.3 to provide us with such information or evidence of identity as we may be required to obtain from you by applicable law from time to time;
10.7.4 to disclose to us honestly and to the best of your knowledge any information that may affect or impact the test result;
10.7.5 to use the Site, the Products and the Services only for lawful purposes and in accordance with these Conditions and you further agree not to induce fear, harass or be abusive to any of our staff, or the staff of our Accredited Laboratory;
10.7.6 not to use the Products and/or the Services for resale or in any way that breaches any applicable national or international law or regulation; and
10.7.7 that when you submit an Order for the Services through this Site, including acquiring one or more Products through this Site, that you have selected the Products. Notwithstanding any descriptions of any Services or recommendations from the Site or any of our staff, you acknowledge that you have not relied upon any advice from us in terms of Product suitability or other medical issues.
11. Submitting The Sample
When submitting a Sample, you must fill and return the collection device in accordance with the instructions provided with the Product. If you do not provide an adequate Sample, utilise the Product in a manner that is contraindicated or not consistent with any instructions, or do not return the Sample within the instructed timeframe, we may not be able to provide you with the Test Results. Further, failure to return the Sample within the timeframe set forth in the Product instructions may result in inaccurate and unreliable readings of the Sample
12. Setting Up Your Account
12.1 In order to use the Services, you must set up an Account. To open an Account, please go to the “account section” in the registration area on the homepage of the Site and provide the details requested.
12.2 You agree that you will only set up one (1) Account with us through the Site. When you create an Account with us, you agree to provide accurate contact details that can be used to contact you in relation to your Order, the Product or the Services. It is important that the details you provide us with are correct, accurate and complete and that you tell us promptly of any changes to these details. We will not be liable for delayed provision of Services, failure to provide the Services, or for communications that you do not receive, as a result of a failure or omission by you to provide accurate and suitable contact details.
13. Test Information
13.1 You will be sent an email notifying you when Test Information has been made available to your Account. If your Test Information is negative or nonreactive, please refer to Section 10.8 and the relevant Test Date for your Test.
13.2 If you have a positive, reactive or detected result for any of our Tests, you will need a further confirmatory/diagnostic test from a physician or licensed healthcare professional.
13.3 The Services may include, in respect of a user whose Test Information indicates a positive, reactive, detected or elevated Test Result, receiving a phone call from one of our staff in order to provide relevant information and to recommend or discuss any follow-up with a licensed healthcare provider who can offer support to the user.
13.4 If you have concerns with the Test Information you should consult with your physician or another licensed healthcare professional or contact a member of our team who will be able to direct you to other sources of support within the scope of the Services. If you purchase Products and Services and receive Test Information during a Test Date that is relevant to you, irrespective of the Test Information, you agree to retest either through us or through your physician or other licensed medical practitioner on the Test Date.
14. Disclaimers And Exclusion Of Liability
14.1 ALL TEST INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY TEST INFORMATION, SERVICES, PRODUCTS, OPINIONS, OR MATERIALS AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE SERVICES BEFORE RELYING ON IT. USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE, PRODUCTS, TEST INFORMATION, OR SERVICES WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 14.4-14.9 BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICES AND PRODUCTS SHALL BE TO DISCONTINUE USING THE SERVICES AND PRODUCTS. THE PRODUCT IMAGES ON OUR SITE ARE FOR ILLUSTRATION PURPOSES ONLY.
14.2 THE INFORMATION PROVIDED THROUGH THE SITE, THE SERVICES, TEST INFORMATION, AND THE PRODUCTS ARE FOR GENERAL GUIDANCE ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE SITE NOR THE SERVICES, TEST INFORMATION, OR PRODUCTS CONSTITUTE MEDICAL ADVICE AND YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY TEST INFORMATION OR STATUS OF YOUR HEALTH.
14.3 NOTE THAT AT THIS TIME THE INCUBATION PERIOD FOR THE 2019 NOVEL CORONAVIRUS IS CURRENTLY BELIEVED TO BE 14 DAYS, BUT COULD BE LONGER. IF YOU HAVE BEEN EXPOSED TO SOMEONE WITH THE 2019 NOVEL CORONAVIRUS OR IF YOU HAVE ANY SYMPTOMS CONSISTENT WITH THE CORONAVIRUS, YOU SHOULD NOT PERFORM ANY TEST AND YOU SHOULD NOT BE IN CONTACT WITH OTHERS AND SHOULD SELF QUARANTINE AND STAY AT HOME FOR THE DURATION OF THE INCUBATION PERIOD REGARDLESS OF ANY TEST INFORMATION YOU RECEIVE.
14.4 YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, PRODUCTS, TEST INFORMATION, OR ANY INFORMATION OR ADVICE PROVIDED BY OUR STAFF THAT WE HAVE MADE AVAILABLE TO YOU, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITE, TEST INFORMATION, SERVICES, OUR CONTENT, OR PRODUCTS; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO YOUR OR ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY INFORMATION, TEST RESULTS, OR ADVICE OBTAINED THROUGH USE OF THE PRODUCTS OR SERVICES; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (3) VIRUSES. WE SHALL NOT BE IN BREACH OF ANY PROVISION OF THESE TERMS CAUSED BY YOUR FAILURE TO OBSERVE ANY OF YOUR OBLIGATIONS OR UNDERTAKINGS CONTAINED WITHIN THESE CONDITIONS.
14.5 OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE PRODUCTS AND/OR SERVICES UNDER WHICH LIABILITY AROSE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TEN POUNDS STERLING (£10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE PURCHASED AND USE THE PRODUCTS AND SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE CONDITIONS.
14.6 BY PURCHASING OR USING ANY PRODUCTS OR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER.
14.7 Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by applicable law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
14.8 We shall not be obliged to provide the Services where you have failed to follow the instructions related to (i) ordering and account set up, (ii) providing and returning the Sample, and (iii) use of the Products.
14.9 The provisions of this Section 14 in their entirety shall survive the expiration or termination of this Agreement.
15. General Legal Provisions
15.1 We shall not be liable or responsible for any delay in performance of, or default in our performance of any obligation under these Conditions or under an Order, caused directly or indirectly by any event beyond our reasonable control.
15.2 By using the Products or Services, regardless of where you live or are located, you consent to these Conditions and any claims relating to the Products, Test Information, Services, or advice provided by us will be governed by the laws of the United Kingdom.
15.3 Failure or delay by us to enforce any of these Conditions will not constitute a waiver of our rights against you and does not affect our right to require performance thereof.
15.4 We may sub-contract or delegate the provision of Services or treatment services to any entity who provides Services or any entity who provides relevant services for the treatment of our customers, to enable us to provide the Services or any pathway to care services to you. Where such sub-contracting or delegation is made to a separate referral organisation, this shall relieve us of our obligations under these Conditions. If you purchase a TREATher package and your receive advice and treatment with one of our referral pathway organisations, you agree that your contract is with the organisation to whom you are referred for the provision of their services,
15.5 You are communicating with us electronically when you use the Site or send us an email. You agree that all agreements, consents, notices, disclosures and other communications between the parties that are sent electronically satisfy any legal requirements that such communications be in writing.
15.6 If any part of these Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Conditions will remain in full force and effect.
15.7 These Conditions record the entire agreement between you and us with respect to their subject matter and supersedes all previous agreements, contracts, obligations, conduct, promises, representations, warranties and undertakings, whether written or oral, between you and us in connection with the subject matter.
16. MonitHER Subscription Terms and Conditions
This Section 16 only applies to you if you enroll in our MonitHER option.
16.1 MonitHER involves subscribing to a single eligible test kit type over your chosen frequency. By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will continue and your payment method will be automatically charged for each successive subscription period at the then-current advertised percentage discount of the current market price for that test kit. Your credit card will be charged on the date stated on the subscriptions page of your account for the applicable subscription period. We will charge the credit card you used when you created your renewal subscription or as otherwise directed by you. We may submit periodic charges (e.g. at the chosen subscription frequency) until you provide prior notice of cancelation or wish to change your payment method. Such notice will not affect charges before We could reasonably act.
16.2 When purchasing a subscription, if you choose to add express shipping, it will only apply to the first order. All future orders in your subscription will be sent by standard shipping at no cost.
16.3 To cancel your subscription, send us a message at firstname.lastname@example.org and we will do it for you. If you decide to cancel we recommend you do so at least 24 hours prior to the scheduled subscription payment date as subscriptions may be canceled without charge as long as we receive your cancelation prior to the scheduled subscription payment being processed. This is subject to change but we will let you know if there is a change in our cancellation policy as described in Section 16.8 below.
If you cancel your subscription package any earlier than the last calendar day of the month preceding the end of the subscription you have chosen, you will be charged a cancellation fee.
16.4 You can manage your subscription, including payment details and cancellation by logging into your Account, under the subscriptions page.
16.5 We reserve the right to adjust the pricing for the test kits or services available in any manner and at any time. Hertility will provide you with two (2) weeks’ notice via e-mail of a pricing change. If your billing date for a subscription period falls before the pricing change takes place, you will be charged the prior rate for that subscription period, if your billing date falls outside the two-week notice period, you will be charged the new price. We will set a date for this price to change, and it will depend on when your billing takes place, whether you get charged the current or new price for your next kit, but all future kits will be affected.
16.6 If your payment is declined, we will place your subscription on-hold for seven (7) days. We will be notified when the payment fails, and we or our vendor will attempt to process payment again in seven (7) days. If the second attempt on the seventh day fails, your subscription will be cancelled. If a payment is declined and you do not wish to wait seven days for re-processing, you may choose to update your payment information on your account and complete payment from your account. Cancellation due to failed payments does not incur any extra charges.
16.7 We reserve the right to adjust these Subscription Terms in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any changes to your subscription Plans will take effect following 30-days’ notice to you via the e-mail you provided at the time you enrolled in the MonitHER plan.
17.1 You must have available a photo proof of identity (for example a Passport or Driver’s License) to show the Doctor at the start of your consultation. By using this service, you also consent to us making an ID check with an external agency to confirm the details you have provided us. If the Doctor cannot verify your identity or your ID check has failed they may choose to cancel the consultation or be unable to issue a prescription. Please therefore ensure that you provide correct and accurate information.
17.2 The Tele-consultation Service provides a service that allows users to consult with a Doctor through secure video chat via our mobile or tablet applications (“Live Consultation”).
17.3 You agree to always provide us and any Doctors with whom you have a Live Consultation, accurate and complete information about you.
17.4 The Doctor allocated to you and with whom you have a Live Consultation will record the results of the consultation as required by law and regulatory requirements. You agree to review and inform us of anything that you believe to be incorrect or inaccurate. It is not our responsibility to maintain a complete record of all data that may be generated from your use of the Services, and you should not rely on the Services for storage or maintenance of information.
17.5 All Doctors are independent contractors and any advice provided or offered to you by a Doctor is the sole responsibility of that Doctor.
18. Pricing Terms And Conditions
We reserve the right to adjust the pricing for the test kits in any manner and at any time.
All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for Hertility Health is International House, Constance Street, London, England, E16 2DQ. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section 17 (Notices and Electronic Communications).
"Account" means the account held by us in your name and which holds the information submitted by you to us;
"Accredited Laboratory" means the laboratory(ies) that we may select as our testing services provider at any time, and which laboratory(ies) will be UKAS and CQC accredited. In some cases, we may use a laboratory with additional certification or accreditation as required by applicable law or regulation or at our sole discretion;
"Cancellation Right" means your right to cancel an Order placed via the Site, as described in Section 9;
"Order" means an offer by a user to purchase Services and one or more Products from us via the Site;
"Product" means a kit which enables you to take and store a Sample for testing as appropriate for the type of kit purchased and as sold by us;
"Sample" means a sample of your biological material such as saliva, blood, urine or stool as provided in accordance with the Product instructions;
"Services" means testing the Sample that you send to the Accredited Laboratory, and providing you with the Test Information;
"Test Information" means the results from the Accredited Laboratory for the processed Sample, communicated to you by us via the Site and our staff, as applicable.
"You" or "your" means the user of the Site.
Consent to Process Your Health Information and Personal Data
Hertility is on a mission to make women’s health better understood. It’s the 21st century and shockingly there is no long-term dataset on female gynaecological pathologies. This needs to change, so that real insight and research can be done to help women globally. We believe that the lack of current and concise data is what’s holding us back and we’ve been held back for long enough. We take data privacy and security extremely seriously. By completing our Care Questionnaire and Tests you're sharing vitally important data with us that we'll use anonymously and in aggregate to help solve this problem. We are committed to transparency regarding how we process your health information and related personal data so that you can make an informed choice to use our Products and Services. You may withdraw your consent at any time, however, this will prevent us from being able to provide you with the Products and Services.
Processing Your Health and Personal Data
Hertility will process your health information and personal data, to provide you with our Products and Services. This includes:
Processing your Samples and Test Information at Accredited Laboratories;
Your results being reviewed by a doctor;
Presenting your results and results history to you through your account dashboard;
Analysing aggregated, de-identified data to identify service improvement opportunities, such as identifying population types that may be at risk for certain conditions; and
Analysing aggregated, de-identified data to identify product quality improvement opportunities such as improving the experience of our customers.
The information which we process to provide you the requested Products and Services can include, as appropriate:
Information that you voluntarily provide through www.hertilityhealth.com, such as when you purchase Products, create an account, and register your Product to your account, including your name and address, gender, and self-reported health history.
Health information that is collected from you or created in connection with your purchase and use of our Products and Services, such as your health history as relevant (such as your sexual health and history), Samples, Test Information, genetic data or biometric identifiers.
Information that you voluntarily provide when you speak with the customer service team or contact us via email, such as your specific questions and related information you may provide.
Information that you voluntarily provide to us in response to surveys we may send to you regarding your use of our Products and Services.
I ACKNOWLEDGE THAT I HAVE CONSIDERED AND UNDERSTOOD THE IMPACT OF PROCESSING MY HEALTH INFORMATION AND PERSONAL DATA FOR THE PRODUCTS AND SERVICES I HAVE REQUESTED. I UNDERSTAND THAT WITHDRAWING MY CONSENT, WHICH I CAN DO AT ANY TIME, DOES NOT AFFECT PAST PROCESSING. I CONSENT TO THE PROCESSING OF MY HEALTH INFORMATION BY HERTILITY HEALTH AND ITS SERVICE PROVIDERS FOR THE PURPOSES DESCRIBED ABOVE.
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It can take 2 cycles for your hormones to regulate after coming off most types of hormonal contraception, so we'd recommend waiting until your third period to test for the most accurate results.
Don’t worry - Hertility kits have a shelf life of 6 months!
At Hertility, we celebrate you and your individuality. We know that there is no “one size fits all” approach when it comes to your health. We ask you why you’re here and some questions about your
medical history so we can tailor your test according to your reproductive needs.
What brings you here, ?
Please select the one that most applies.