Website Terms of Use

The website located at https://www.hertilityhealth.com (the “ Site”) is a copyrighted work belonging to Hertility Health Limited (“ Hertility Health”, “ Company”, “ us”, “ our”, and “ we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. Without limitation to the preceding sentence, your submission of information, including personal information, through or in connection with the Site is governed by the terms of our privacy policy as updated from time to time, available on our Site (“ Privacy Policy”).

All such additional terms, guidelines, and rules, including our Privacy Policy, are incorporated by reference into these terms of use (these “ Terms”). You accept these Terms when you use our applications, products, website, content, communications, and services (collectively, the "Services").

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

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.

Our Services may help users better understand their reproductive health and/or accomplish related goals, including tracking their reproductive health, symptoms, conceiving and/ or menopause. Users can choose to monitor certain personal information (as defined in our Privacy Policy) through the Services to receive a more personalised experience. Hertility Health's proprietary health algorithms analyse user's data and provide customised content in return. For example, users may track their menstrual periods, symptoms, and weight to receive feedback on potential gynae conditions and fertility. The Services are educational only and provide no guarantee that users will accomplish any of their reproductive health goals.

To provide services under the agreement we need to collect information about you. Under data protection law, we are what is known as the "data controller" of your personal information and we are also a ‘data processor’. For more information about how we use your personal information, see our Privacy Policy.

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.

Our services fall into various categories:

Online Health Assessment

A health and lifestyle questionnaire that lets us know about general risks for certain conditions. For some symptoms, you will also be provided with a list of possible matching conditions which are often associated with the symptoms you entered.

Hertility Home Testing Kit (“Hertility Kit”)

Our Hertility Kits are (when launched) the Hormone and Fertility Kit, the PMOS (formerly PCOS) Kit and the Menopause Kit. You must be 18 years or older to order any Hertility Kit.

Our Clinical Services

Our practitioners are based in the UK. They're members of the appropriate regulatory body (for example, doctors are members of the General Medical Council). They are committed to clinical best practice and any related standards.

Our practitioners might have different opinions on some medical conditions or symptoms. This doesn't mean that our clinical services are at fault, it's normal for experts to have different views from time to time.

Our video and audio consultations, where you can talk with one of our medical professionals. This includes people like doctors, nurse practitioners, phlebotomists (people qualified to draw blood) consultant specialists and mental health therapists. Throughout these terms, we've called them practitioners.

These practitioners might give you a diagnosis, recommendation, or treatment. They may also prescribe to you, or refer you to someone else.

Your consultation

Whether it’s a Virtual Results Consultation with a doctor or counsellor or an appointment at a partner clinic, or a referral for a pelvic ultrasound scan, if available in your region, we'll arrange your consultation as soon as possible. We can't promise to offer consultations in a specific timeframe, or that a specific practitioner will be available at a particular time. We currently do not yet offer referrals to clinics in Ireland for either consultations or scans.

if you no longer require a virtual consultation due to a change in circumstances you can request a refund if reasonable notice in advance has been provided (at least 48 hours). Virtual consultation purchases are valid for 6 months after purchase. Consultations that have not been used after 6 months are not available for a refund.

We may record all Virtual Results Consultations to make sure we're giving you the best service we can. To find out more about how we use this information and how we protect your privacy, see our privacy policy.

If you don't think you've been able to clearly share your medical needs during a consultation, you should speak to a practitioner in person. If you're worried about any advice you've received, then you should book another appointment to discuss this.

We charge a referral fee to our partner clinics. This fee is in respect of our customer acquisition and administrative costs in delivering the Service.

Please note that we reserve the right to charge in full for missed appointments where notice of cancellation has not been made within 48 hours of the appointment- this applies to at-home phlebotomy.

Digital healthcare services

Services that give you health and lifestyle information through our websites.

Our digital healthcare services are for information only.

Tracking

A reproductive health, symptom, mood and wellness tracker where you can input information on your daily routines. Tracking allows you to enter and review information on some health conditions.

Customer Service

A way for you to ask questions when you need help and support, or live chat with a member of our non-clinical support team.

We might also offer other health information tools from time to time.

Price and payment

You may 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 and/ or make arrangements for your consultation.

Receiving your results

Though unlikely, it may take up to 3 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 credit note for 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. Accounts

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”:

• 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.
• 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.

4. Indemnification

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).

6. Disclaimers

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. General

9.1 Changes. These Terms are subject to occasional revision. We may not always tell you when we make a change 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 immediately. 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 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 Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

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.

9.10 Copyright/Trademark Information. Copyright © 2019, Hertility and Hertility Health Limited. All rights reserved. All trademarks, logos, and service marks (“ Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

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: 167-169 Great Portland Street, London, England, W1W 5PF, Email: info@hertilityhealth.com