Conditions of Sale and Services

These Conditions of Sale and Services Conditions will apply to every order of our Products and/or Services you place with us via our website www.hertilityhealth.com and its subdomains, including through our app collectively the "Site" and to Products and/or Services which you purchase a Product from a retail location. As part of the Services, we process your personal data. Please see our Privacy Policy for further details about this processing.

Defined terms have the meaning given to them in Section 20 of these Conditions or where defined in the body of these Conditions.

1. How These Conditions Work

1.1 Hertility Health allows customers to access secure laboratory testing and online telehealth and video consultations from the privacy of their own home. To avail of Services, you must undertake an Online Health Assessment (initial consultation questionnaire) and purchase a Product or redeem a voucher code, either from the Site or from a partner clinic, corporate organisation as an employee, or other location.

1.2 Whether you purchase the Products and Services on the Site, or purchase Products from another location, all sections of these Conditions apply in addition to any other terms and conditions provided to you or made accessible for you in connection with the applicable Product or Service. These Conditions also include and incorporate by reference our Hertility Health Website Terms of Use.

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 167-169 Great Portland Street, 5th Floor, London, W1W 5PF. 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 may consist of the following, depending on your location:

• An initial free questionnaire consultation, also known as our Online Health Assessment;
• 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 results report containing general healthcare and lifestyle advice relating to the type of blood testing carried out by the Accredited Laboratory (“Report”) produced by a Doctor (as further detailed below) which will be presented to you via your Account Dashboard. (the “Services”).
• Online Results tele-consultation service with a Doctor who is both registered with the General Medical Council and holds a licence to practise or, if based in Ireland is registered with the Medical Council of Ireland;
• Virtual Results Consultation with a licenced counsellor, nutritionist or nurse practitioner;
• The provision of any Services, as defined;
• Referrals to partner clinics and/or Doctors for scanning services, treatment or onward care.

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 label 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 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 Sample 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 Sample testing services on your behalf at cost.

4.4 The Report will be prepared by a doctor engaged by us who is both registered with the General Medical Council and holds a licence to practise or, if based in Ireland, is registered with the Medical Council of Ireland and is on the GP register for Ireland (“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 info@hertilityhealth.com or speak to a member of our customer service team

4.6 We will endeavour to ensure that the Doctor, nurse practitioner, nutritionist, counsellor and/or 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 cannot accept Orders from users whose IP address is outside, or where the user is resident outside, the United Kingdom or Ireland 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 or Ireland where we will send test kits and accept Samples and you are accessing the Site from an IP address in the United Kingdom or Ireland; (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 credit note for 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 info@hertilityhealth.com; the Company has no obligation to issue any refunds 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 specialist, researcher and/or Doctor 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. (a) Payment

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.

7. (b) Buy now Pay Later: Paypal

Paypal is an independent entity that allows you to pay for our Services in installments.

7(b) 1 In order to be eligible to pay with Paypal, you need to:

Be over 18

Have a UK debit card

Be living in the UK

Have a good credit history and show responsible borrowing behaviour – for existing Paypal customers, this means paying your instalments on time. To better understand and learn how to improve your credit, sign up for free with a credit reference agency such as Experian or TransUnion. For some customers, we haven’t been able to verify their details because conflicting information is held by the credit reference agencies.

You may be subject to a soft credit check and will also need a smartphone – which you can verify – to be able to download the app and sign up for an account.

7(b) 2 Your spending limit is the maximum amount of credit Paypal offers you at the time of your purchase. It’s unique to you, and is dependent on varying factors.

7. (c) Buy now Pay Later: Clearpay

Clearpay is an independent entity that allows you to pay for our Services in installments.

7(b) 1 In order to be eligible to pay with Clearpay, you need to:

Be over 18

Have a UK debit card

Be living in the UK

Have a good credit history and show responsible borrowing behaviour – for existing Clearpay customers, this means paying your instalments on time. To better understand and learn how to improve your credit, sign up for free with a credit reference agency such as Experian or TransUnion. For some customers, we haven’t been able to verify their details because conflicting information is held by the credit reference agencies.

You may be subject to a soft credit check and will also need a smartphone – which you can verify – to be able to download the app and sign up for an account.

7(b) 2 Your spending limit is the maximum amount of credit Clearpay offers you at the time of your purchase. It’s unique to you, and is dependent on varying factors.

8. Delivery

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 depending on your location and on postal services. 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 contact customer service or send us an email within fourteen (14) 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 and Ability to Gift Test

9.1 These Products are not suitable for return for health protection reasons. Unless otherwise required by law, if you purchase a Product via the Site, you do have the right to cancel the contract for the purchase of the Product within thirty (30) days of ordering the Product.

9.2 To exercise the right to cancel, you must inform us of your decision to cancel in writing (e.g. by email to info@hertilityhealth.com) notifying us of your decision to cancel, at your own cost.

9.3 If you exercise your cancellation right under Section 9.1, and we have not yet dispatched your kit, we may reimburse you all payments received from you less £25.00 or €35.00, which goes towards partially covering the cost of the kit(s), administration and shipping fees. 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.

9.4 In the event that you no longer need to do your Kit (for example in the event that you fall pregnant) we provide for the ability for you to gift a Kit.

9.5 At the date of drafting, we provide the ability for you to use an unused kit as credit towards obtaining a pregnancy scan through a partner scanning clinic.

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.

10.2 By sending us the Product or any Sample, you are formally providing your consent to undergo the related test. You agree that before proceeding with any test, you will read all relevant information provided in these Conditions, the TOU, and the Privacy Policy on the Site, and in any packaging. If you are unsure or if you require any further information, you agree to contact us or a licensed healthcare professional for further 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 due to the coefficient of variation in the laboratory assays used, the potential disparity in assays and reference ranges used by different laboratories and the fluctuation in results depending on what day of your menstrual cycle you test on, individual lifestyle factors and medical history. 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 result could be free from a condition even though Test Information indicated they do have such condition. All variations or positive, reactive or detected results must be verified by your 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”, “Within range”, or “High” readings do not constitute a definitive diagnosis and further testing may 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 counselling in addition to the Services, you should seek the advice of one of our Doctors or 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;

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.

10.7.8 that only finger-prick samples taken by you in a Hertility tube, or a nurse sample taken by a verified Hertility nurse can be accepted by us.

11. Submitting The Sample

11.1 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.

11.2 If your sample is delayed, haemolysed or insufficient, we will let you know immediately and whilst we can’t offer a full refund, we will offer you a replacement kit free of charge. If your replacement kit is also not able to be analysed, we can offer you a 2nd replacement kit at a cost of £25 or €35 (this cost is simply to cover the fulfilment fee).

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.

12.3 In addition to the terms set forth herein, your Account is subject to the terms in our TOU and we will handle all personal information we collect from you in accordance with our Privacy Policy, our Cookies Policy. Our Privacy Policy, Cookie Policy, and/or TOU may be amended from time to time in accordance with the terms therein.

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 has failed negative or there is an insufficient sample, please refer to Section 10.8 and the relevant Test Date for your Test.

13.2 If you have a certain diagnostic indication of any condition in your results from any of our Tests, we may suggest that you will need a further confirmatory/diagnostic test or a scan from a physician or licensed healthcare professional. It is also important to note that due to differing laboratory assays and testing criteria, there can be disparities between results obtained. We cannot accept any responsibility for disparities between test results.

13.3 The Services may include, in respect of a user whose Test Information indicates any condition, 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 one of our in-house physicians or another licensed healthcare professional or contact a member of our customer service 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 another licensed medical practitioner on the Test Date.

13.5 Where any information has been provided in our lifestyle and dietary advice with regard to supplementation, before taking any supplement, you must ensure that you speak to your doctor, dietitian, registered nutritionist, pharmacist or chemist before supplementing. You can make sure you don’t take too much of any vitamin by only ever taking the recommended dose on the label (unless advised by your doctor). If you take more than one, make sure that you are not doubling up on any nutrients. Vitamins and minerals can interact with certain medications and certain vitamins or minerals should be avoided in some medical conditions. A supplement can have benefits, but they are not a substitute for a healthy, balanced diet.

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 subcontract 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 face to face consultation 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. Subscription Terms and Conditions

This Section 16 only applies to you if you enrol in a subscription option.

16.1 Subscriptions involve 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 cancellation 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 info@hertilityhealth.com 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 cancelled without charge as long as we receive your cancellation 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 Subscription plan.

17. Consultations

17.1 For any Online Results Consultation, you must have available a photo proof of identity (for example a Passport or Driver’s Licence) to show the Doctor or counsellor 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 or counsellor 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 Online Results Consultation provides a service that allows users to consult with a Doctor or counsellor through secure video chat via our mobile or tablet applications.

17.3 You agree to always provide us and any Doctors with whom you have a Online Results Consultation, accurate and complete information about you.

17.4 The Doctor allocated to you and with whom you have a Online Results 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 On purchasing a Clinic Consultation you understand that the Doctors who provide the consultation are independent contractors and any advice provided or offered to you by a Doctor either at that clinic or through a Online Results Consultation, is the sole responsibility of that Doctor and/ or clinic.

17.6 Where an in-person Clinic Consultation has been purchased or a referral has been made to any clinic including but not limited to referrals for treatment and/ or scanning services you thereby enter into a new contract for services with that doctor and/or clinic;

17.7 We reserve the right to charge in full for missed appointments where notice of cancellation has not been made within 48 hours of any appointment either for phlebotomy services, Online Results Consultations or in person Clinic Consultation.

18. Pricing Terms And Conditions

We reserve the right to adjust the pricing for the test kits in any manner and at any time.

19. Contact us

If you have any concerns about material which appears on our Site, please contact us at info@Hertilityhealth.com.

20. Definitions

"Account" means the account held by us in your name and which holds the information submitted by you to us;

“Advice” means any advice or information provided (whether through voice communication, video or electronically) by a Doctor;

"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;

"Doctor" means any GMC Registered or, if based in Ireland, doctor who is registered with the Medical Council of Ireland doctor providing advice on a contract for service basis;

"Order" means an offer by a user to purchase Services and one or more Products from us via the Site;

"Privacy Policy" means our privacy policy referred to on 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 blood, 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 on your dashboard and/ or any advice provided by the Company including but not limited to any Virtual Results Consultation provided by a Company Doctor or counsellor or any clinical service named, Private Gynaecologist Consultations, Fertility Advisor Calls, Nutrition Consultations, Counselling, Pelvic Ultrasound Scans, Menopause Specialist Consultations;

"Subscription" means a subscription service for the delivery of Products and the provision of Services to you at specified intervals of time;

"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.