Legals
GENERAL CONTRACT FOR USE OF THE SERVICES OF IVFAGENT.COM
The following terms of contract regard the ‘General Conditions of Use’ of the site IVFAgent.com. Specific additional contractual conditions apply for the use of specific parts of the site. The ‘General Conditions of Use’ of the site www.ivfagent.com can be downloaded here.
1. Acceptance of Terms
Use of this site, whether as a registered user or not, implies acceptance of the terms of use here presented. This is a binding legal agreement between IVF Agent Ltd (Website/Owner/we) and you (the user). Please read this agreement carefully since it may affect some of your rights and by your use of this site it is presumed that you are deliberately limiting those by yourself. Any rights not expressly granted herein are reserved by IVF Agent Ltd. Your use of the service signifies your consent to be bound by these terms. Additionally, with your use of the site you affirm that you either are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are 13 years old or older, as the Site is not intended for children under that age of 13. If you are under 13 years of age, do not use the Site. By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. IVF Agent Ltd may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You must visit this page periodically to be aware of any amendment of this Agreement.
2. Registration
To use certain features of the Website, you may be asked to create an account with the Website. When you register with the Website, you agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form, and (ii) to maintain and promptly update the information to ensure it remains true, accurate, current and complete. If IVF Agent Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IVF Agent Ltd has the right to suspend or terminate your access to all or part of the Website. IVF Agent Ltd’s use of any personally identifying information you provide as part of the registration process is governed by the terms of IVF Agent Ltd’s privacy policy.
If you register on behalf of a business entity, you declare that you legally represent that business entity and (a) you have the authority to bind the entity to the terms and conditions of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to IVF Agent Ltd during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
3. Passwords
You are responsible for maintaining the confidentiality of the password you use in association with your account and are responsible for all activities that occur under your user name and password. You agree to notify IVF Agent Ltd immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. IVF Agent Ltd will not be liable for any loss or damage arising from IVF Agent Ltd’s failure or your failure to protect your password or account information.
4. Limited license
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Website and the Content for your personal, noncommercial use. You are granted the right to download, store and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a specific license governing specific Content and this Agreement, the terms of the specific license shall govern. You agree that you shall be liable for all services requested through your account, irrespective of whether the service was requested by yourself or by a third party using your account.
5. Complementarity
The information provided on the website is designed to be a source of information supplmenting the normal consultation between clinician and patient. The information contained within the website does not in any way replace the personalised advice of your specialist. The Content provided on the Website is for information purposes only and is not professional medical advice, diagnosis, treatment or care, nor is it intended to be a substitute. Always seek the advice of a physician or other qualified health provider properly licensed to practice medicine or general health care in your jurisdiction concerning any questions you may have regarding any Content obtained from this Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. Content obtained from the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
6. Online consultation
Online consultations are offered in the present service. Infertility is a very personal affair, and sometimes patients need encouragement to present in a clinical studio. This also because of the fear of incurring hidden costs such as analyses etc. IVF Agent Ltd believes that the use of an online consultation service permits patients to break this barrier. The fixed cost, no obligation nature of the consultation provides clarity, which conforms to a general philosophy. However, the online consultation is not intended to replace the traditional patient-specialist visit, since no diagnosis can be given without seeing the patient themselves.
7. General terms for Service Providers
IVF Agent Ltd. is a hub for doctors and patients. It’s role is to arrange communications between the two parties and offer specific packages in agreement with these parties. IVF Agent Ltd. is not responsible for treatment packages the Service Provider may offer the client outside of the site or it’s defined packages and it will be Service providers own responsibility to receive payment. Additionally, if a Service Provider offers any client a financial transaction facility or waiver out of the scope of the website, IVF Agent Ltd. will bear no responsibility for such arrangement and it will be the sole responsibility of the parties of the concerned deal. Moreover, it is the Service providers sole responsibility to provide his patient with the necessary data to complete the treatment package.
8. General terms for Clients
IVF Agent Ltd. is a hub for Service Providers and Clients. It’s role is to arrange communications between the two parties and offer specific packages in agreement with these parties.IVF Agent Ltd. is not responsible for treatment packages the Service Provider may offer the client outside of the scope of the site or it’s defined packages and it will be Clients own responsibility to agree to these treatments. IVF Agent Ltd. offers world-class Service Providers in it’s respective field but it remains the responsibility of the Client to choose a Service Provider with their own discretion and IVF Agent Ltd. Is not responsible for such a selection. The services offered are the obligation of the Service Provider and IVF Agent Ltd. will not at all be responsible for any discrepancy. Moreover, IVF Agent Ltd. will not be responsible for any financial transactions among Clients and Service Providers other than in the transactions within the website.
9. Terms for Donors
If a Client or Serrvice provider requests the service of a gamete donor listed within the site, IVF Agent Ltd will act as an intermediary for the service requested. IVF Agent Ltd will not be liable for any additional arrangements, transactions or extra services offered between gamete donors and their contracting parties.
10. Payments on the site
Should you decide to book a paid service, IVF Agent Ltd. will subtract a fee defined as (i) a commission fee from the total cost of the service. Unless otherwise stated, the Fee is quoted as a percentage of the value of the transaction. You agree to have IVF Agent Ltd. or a service acting on behalf of IVF Agent Ltd. deduct your credit card with the full amount of the payment for the service requested. Payment via cash or check shall not be accepted, and accordingly IVF Agent Ltd. cannot be held liable for any loss of cash or checks.
11. Assignment & Data Transfer
IVF Agent Ltd may assign, transfer, novate or subcontract any of its rights and obligations under the terms and conditions at any time. You acknowledge that data, including email, electronic communications and personal and financial data, may be accessed by unauthorized third parties when communicated between you and IVF Agent Ltd., Information Providers or Information Transmitters, using the Internet, other network communications facilities, telephone or any other electronic means. You agree to use software produced by third parties, including, but not limited to, “browser” software that supports a data security protocol compatible with the protocol used by IVF Agent Ltd. If notified by IVF Agent Ltd., you agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by IVF Agent Ltd. and follow IVF Agent Ltd.’s logon procedures for Electronic Services that support such protocols. You acknowledge that IVF Agent Ltd. is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.
12. Limitations of liability
IVF Agent Ltd. is not a regulatory body. IVF Agent Ltd. does neither request background checks of Service providers registered with the site, nor does the site ask for proof of profession. You must use the site at your discretion. Any Service Provider or professional found to be in abuse of profession, or giving misleading or potentially harmful information will have their account cancelled, and may face prosecution according to their local Laws. We will also cancel the accounts and may prosecute any patient abusing the sites byelaws or local Laws to the full extent possible. IVF Agent Ltd., information providers, information transmitters, third-party research providers and any other person involved in transmitting information will not be liable under any circumstances for any consequential, incidental, special or indirect damages whether these are legal, medical or otherwise even if you advise them of the possibility of such damages. IVF Agent Ltd. does not accept liability for any damages that may result from the use, inconvenience, delay or loss of use of the information or for omissions or inaccuracies in the information. As a condition to accessing or receiving the information, you expressly agree to waive any claim you may have against IVF Agent Ltd., any information provider, research provider or any other persons involved in transmitting any information IVF Agent Ltd. makes available to you. IVF Agent Ltd advises you to check the reliability of any medical information resulting from the use of the website and seek personal consultations with the Service Providers contacted or other Service Providers before undergoing treatment based on the advice given in the IVFagent.com consultations. By using the site and a paid or free service offered herein, you agree that any legal remedy or liability that you seek in relation to actions or omissions of other users with regards to such actions will be limited to a claim against the interested party. You agree to hold harmless IVF Agent Ltd. and any of its employees, officers, representatives, agents and successors in rights for indemnities through such actions.
The Website may provide features which allow you to post messages and content to designated areas on the Website, to participate in chat groups, to interact with IVF Agent Ltd and other users and to upload files, documents, or other materials (“Submission(s)”). IVF Agent Ltd does not control the content of any Submissions and has no obligation to monitor the Submissions. However, IVF Agent Ltd reserves the right at all times to disclose any information necessary to satisfy any Law, regulation or governmental or law enforcement request, or to edit, refuse to post or to remove any Submission, in whole or in part, that, in the Owner’s sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.
13. Disclaimer of warranties
This Website has been designed and published with the utmost care and every possible step has been taken to avoid errors and ensure the information is as accurate as possible, although errors or omissions sometimes occur.
The Website and the Content are provided “AS IS”. While the Owner endeavors’ to provide Content that is correct, accurate, current and timely, the Owner makes no representations, warranties, conditions, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, condition, or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose, (ii) the Website or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose, (iii) that the operation of the Website will be uninterrupted or error-free, (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected, (v) that the Website will be free from viruses or harmful components, and (vi) that communications to or from the Website will be secure and/or not intercepted.
IVF Agent Ltd assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, malicious codes and other items of a destructive nature. In no event will IVF Agent Ltd be liable to any party for any loss or direct, indirect, incidental, special or consequential damages caused by use of this web site, or any other hyperlinked web site.
You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.
IVF Agent Ltd accepts no responsibility for any errors or omissions, or for the results obtained from the use of this information. Nothing herein shall to any extent substitute for independent investigation and the sound technical and business judgment of the user(s). In no event shall IVF Agent Ltd be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
14. Disclaimer of content
The site provides unfiltered access to content. Users accept that all content including but not restricted to postings, messages, text, files, images, photos, video, sounds, or other materials that are not posted directly by IVF Agent Ltd. are the sole responsibility of the user from whom such content originates. Users accept that IVF Agent Ltd. acts as a venue for user-specific information and that we have no liability related to content posted on the site by others, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. We do not undertake any obligation to edit or otherwise necessarily control the content that is posted. IVF Agent Ltd. does not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do we undertake to verify, update or correct such information. IVF Agent Ltd. neither makes any representation or warranty, express or implied, regarding any posting or requests by users. Any use of the site not expressly agreed with IVF Agent Ltd. or affiliates is prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. IVF Agent Ltd. reserves the right to determine the final design, layout and functionality of our site, which may involve the review, formatting and editing of such content. Users accept and agree to release IVF Agent Ltd. from any liability for any loss or damage resulting from the design or positioning of such content.
15. Indemnity
You agree to indemnify, defend and hold harmless IVF Agent Ltd and its employees, agents, licensors, and its respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, (ii) your access to, use, misuse, reliance upon or inability to access or use the Website, the Content or any Website to which the Website is or may be linked to from time to time or, (iii) your use of, reliance on, publication, communication, distribution, uploading or downloading of anything (including the Content) on or from the Website.
16. Third Party Damage
IVF Agent Ltd expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user advertiser or sponsor of the Website (“Third-Party”). Under no circumstances shall the Owner, its employees, agents, licensors and its respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any Third-Party, and (ii) any access, use, reliance upon or inability to use any materials, content, goods or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.
The information provided on this Internet web site, and in other data sources to which it refers, is provided for information purposes only, and should not be used to diagnose or treat a health problem or disease. Such information is not a substitute for professional advice or care. If you have or suspect you have a health problem, and/or wish to commence or modify any health care treatment, you should consult your own health care provider.
While an effort is made to present accurate and reliable information on this Internet site, IVF Agent Ltd does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of the information contained on this Internet site, or that of information contained within the web sites of organizations listed on and/or linked to from this Internet web site.
IVF Agent Ltd accepts no responsibility for actions taken by individuals in response to what they have read on these pages, or to pages linked to by this Internet site. The mention of products, companies, organizations, medical practices and services within these pages should not be taken as an endorsement or recommendation. Use of this information is voluntary, and reliance on it should be undertaken after an independent review of it taken of its accuracy, completeness, efficacy, timeliness.
IVF Agent Ltd expects all listing practices to use descriptions that are consistent with applicable legal provision. Please note that IVF Agent Ltd makes no attempt to verify claims made by these practices. It is the responsibility of the reader to verify any success rate claims. Examples of practices that may be advertised on this Website could be “outstanding success rates” or “high pregnancy rates”.
17. Interection Between Users
IVF Agent Ltd provides an on-line platform for exchanging information between doctors, patients and related services. Although IVF Agent Ltd arranges the best service within its ambit but does not liable to or responsible for the quality, safety, lawfulness or availability of services of individuals. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses. Web site uses several techniques to verify the accuracy and authenticity of the information our user(s) provide us. However, since it is not possible in all cases and is not 100% fool-proof, IVF Agent Ltd cannot and does not confirm each user(s) purported identity. IVF Agent Ltd encourages user(s) to use various tools available on the web site and otherwise, as well as common sense, to evaluate the user(s) with whom they would like to deal with.
User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the web site to conduct transactions, and that user(s) fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to offers that are the subject of transactions using the web site.
Such risks shall include, but are not limited to, mis-representation of offers and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that users claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the web site as a result of purchase and sale transactions in connection with using the web site may suffer harms and/or assert claims arising from their use of such products.
User(s) agree that IVF Agent Ltd shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the web site, including, without limitation, terms regarding payment, returns, warranties, insurance, fees, taxes, title, licenses, fines, and permits. In the event of a dispute with any party to a deal, user(s) agrees to release and indemnify IVF Agent Ltd from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such deal. User(s) may use the content/features on web site solely for their personal purposes. User(s) agree that they will not use IVF Agent Ltd database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
18. Copyright & Trademark
The Content is protected by copyright law and is owned by the IVF Agent Ltd and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner. However, the content herein shall not be copied or posted on any network computer or broadcast in any media. Any copy you make must include this copyright notice. Limited quotations from the content are permitted if attribution to IVF Agent Ltd is included, but you may not display for redistribution any portion of the content without the prior written permission of IVF Agent Ltd. No modifications of the content may be made.
Any Trademark names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of the Owner or third parties. While certain trademarks of third parties may be used by the Owner under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license between the Owner and the owner of the trademark or to imply that the Owner endorses the products, services, procedures, business, or other information of the owner of the said trademark.
19. Linking
The Website contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by the Owner of any third-party Website or the content thereof. Unless expressly stated, the Owner does not operate any third-party Website linked to the Website and is not responsible for the content of any third-party Website, nor does it make any representation, warranty, condition, or covenant of any kind regarding any third-party Website or the content thereof including, without limitation, any representation, warranty, condition, or covenant regarding (i) the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party Websites, (ii) the merchantability and/or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or services located at or made available through such third-party Websites, or (iii) that the operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components.
While the Owner encourages links to the Website, it does not wish to be linked to or from any third-party Website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of the Owner, or (ii) any Website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. IVF Agent Ltd reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of the IVF Agent Ltd.
20. Availability of Website
IVF Agent Ltd will endeavour to make this website available but cannot guarantee or warrant that this website will operate continually or without interruptions, or error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of this website and, in particular, you must not attempt to circumvent the security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connecting device.
21. Privacy
Your privacy is very important to us. Personal data is stored on the website itself, and will not be disclosed without consent. Database searches are possible only by Clients (looking for Service Providers) and the site administrator. All communications regarding the site derive from IVF Agent Ltd. itself. This site does use cookies. IVF Agent Ltd. shall be entitled, but is not obliged, to review or retain your electronic communications for, among other reasons, monitoring the quality of service you receive, your compliance with this Agreement and the security of the Electronic Services. IVF Agent Ltd. is entitled to disclose your electronic communications to the same extent it may disclose other information about you or your account(s) as provided elsewhere in your Account Agreement(s). In no event will IVF Agent Ltd. be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of such activities by IVF Agent Ltd. By entering into a customer Account Agreement with IVF Agent Ltd. or by subscribing to a IVF Agent Ltd. Electronic Service, you are consenting to the receipt of electronic mail (“email”) from us. We may send you emails about services and products we believe may be of interest to you. You may opt out of future emails about products or services by following the instructions or contained in an email that you receive from IVF Agent Ltd. IVF Agent Ltd reserves the right, however, to email you important information relating to your account, including regulatory communications.
Cookies used within the site:
| Cookie Name | Cookie Category | Description | Duration |
| wordpress_ | 2 | WordPress cookie for a logged in user. | session |
| wordpress_logged_in_ | 2 | WordPress cookie for a logged in user | session |
| wordpress_test_ | 2 | WordPress cookie for a logged in user | session |
| wordpress_test_cookie | 2 | WordPress test cookie | session |
| wp-settings- | 1 | Wordpress also sets a few wp-settings-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface. | 1 year |
| wp-settings-time- | 2 | Wordpress also sets a few wp-settings-{time}-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface. | 1 year |
| PHPSESSID | 1 | To identify your unique session on the website | session |
| SESS | 1 | To ensure that you are recognised when you move from page to page within the site and that any information you have entered is remembered. | session |
| civicAllowCookies | 1 | Cookie Control user interface to remember your preference | 90 days |
| civicShowCookieIcon | 1 | Cookie Control user interface to remember your preference | 90 days |
22. Use of Data
IVF Agent Ltd may use Data to customize and improve your user experience on this site. We will make efforts so that your Data will not be provided to third parties unless (i) provided for otherwise in Privacy Policy followed by IVF Agent Ltd; (ii) the Owner obtain your consent, such as when you choose to opt-in or opt-out to the sharing of Data; (iii) a service provided on this site requires the interaction with or is provided by a third party, by way of example an Application Service Provider; (iv) pursuant to legal process or law enforcement; (v) the owner finds that your use of this site violates our this Policy, Terms of Service, other usage guidelines or as deemed reasonably necessary by IVF Agent Ltd to protect its legal rights and/or property; (vi) or (vi) this site is purchased by a third party whereby that third party will be able to use the Data in the same manner as the Owner can as set forth in this Policy. In the event you choose to use links that appear on this site to visit other web sites, you are advised to read the privacy policies that appear on those sites.
While this terms state our standards for maintenance of Data and we will make efforts to meet them, we are not in a position to guarantee these standards. There may be factors beyond our control that may result in disclosure of data (as some, listed below). As a consequence, we disclaim any warranties or representations relating to maintenance or nondisclosure of Data.
23. Disclosure of Data when Required By Law
IVF Agent Ltd will disclose protected health information about you when required to do so by federal, state or local law. The use or disclosure will be made in compliance with the law and will be limited to the relevant requirements of the law. We will make a reasonable effort to inform you of the request.
24. Disclosure of Data to Avert a Serious Threat to Health or Safety
IVF Agent Ltd may use and disclose protected health information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.
25. Disclosure of Data on Public Health Risks
IVF Agent Ltd may disclose protected health information about you for public health activities to a public health authority that is permitted by law to collect or receive the information. The disclosure will be made for the purpose of controlling disease, injury or disability. We may disclose your protected health information, if directed by the public health authority, to a foreign government agency that is collaborating with the public health authority.
26. Waiver
Any consent by the IVF Agent Ltd to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach. Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
27. Severability
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
28. Termination
IVF Agent Ltd may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice or showing cause. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to Content downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. IVF Agent Ltd shall not be liable to any party for such termination. Such termination include, (a) terminate your access to our service, (b) deactivate or delete any of your accounts and all related information and files in such accounts as well as content originating from you and (c) bar your access to any of such files or service.
29. Force Majeure
Neither you nor IVF Agent Ltd will be held liable for any failure to perform any obligations to the other due to causes beyond your or IVF Agent Ltds’ respective reasonable control.
30. Arbitration
You agree that any controversy which may arise between yourself and any third-party information or research provider and any of their officers, directors, affiliates and employees, shall be resolved in arbitration in accordance with the terms and conditions of the arbitration agreement(s) entered into between you and IVF Agent Ltd. at the time you registered with the website, and as amended from time to time. . This Agreement, and all future agreements you shall enter into with IVF Agent Ltd., unless otherwise indicated on such other agreement, shall be governed by the law (but not the choice of law doctrines) of the United Kingdom. This is the case regardless of whether you reside or transact business with IVF Agent Ltd. in the UK or elsewhere.
31. Miscellaneous
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party’s right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.
31. Publishing principles.
IVF Agent Ltd, through the present website, will publish articles from third parties. IVF Agent Ltd accepts all articles of interest to the field of human reproduction and infertility. These will be reviewed by the editors prior to pubication. IVF Agent Ltd declares that the opinions of the authors may not necessarily correspond to those of the editors or any member of the IVF Agent Ltd staff. Authors accept full responsibility for their own work and declare that the work is original, not plagiarised, that the licence for any photos belongs either to the author or has been acquired from a registered source. Authors also declare by submitting a work to IVF Agent Ltd that the copyright for the work is held by IVF Agent Ltd from the moment of publication.
ADDITIONAL CLAUSES FOR SERVICE PROVIDERS
These clauses will be considered as addendum of the ‘General Conditions of Use’ of the site www.IVFAgent.com and specially be binding upon the Service Providers, e.g. Doctors. This is applicable among IVF Agent Ltd (UK Registered company no. 08024273) referred to in this contract as ‘us’, ‘IVF Agent’ or ‘we’ and Service Provider, whatsoever, via this website. (referred to in this contract as ‘you’).
1) IVF Agent Ltd is whole owner and operator of the website http://www.IVFAgent.com (‘the website’). All services offered through this contract will be provided by this company either through the website itself or physically by consultants indicated by us.
2) You understand that registration with the website is subject to the contractual conditions mentioned in clause 3 and entitles you to present a searchable listing of your structure and services offered. Extra services, for example publicity, on the website itself or in other physical media may incur an extra cost to be incurred at the moment of request. The time limit for each additional paid service is 30 days from the moment of request. In the absence of payment within 30 days for these services, the additional service will be cancelled and removed from the website or other promotional material, and we reserve the right to cancel your account.
3) To be enlisted with IVF Agent Ltd you will have to register accordingly, provide the required information and agree to the service contract. In order to maintain active the listing of the Service Provider, the Service Provider must keep their click acount in credit. IVF Agent Ltd will also take a further commission of 3% for each sale of treatment packages made through the site. Client purchases are prepaid on the site and your final compensation is calculated as the total acquisition minus our commission fee. IVF Agent will pay each acquisition within 30 days, upon the presentation of a valid voucher, as emitted to the patient at the moment of acquisition. In the absence of the aforementioned voucher, reimbursement will be within 180 days after confirmation of the acquisition. It is up to you to retrieve the voucher from the patient at the moment of treatment. In the absence of a valid voucher or payment through the site, IVF Agent Ltd cannot be held responsible for the treatment reimbursement.
4) You are responsible for keeping your information and prices up to date on the website. The price stated for an individual service is considered binding at the moment of purchase. You are required to state the full value of each treatment package offered. Packages represent treatment from oocyte retrieval until embryo transfer; patient preparation is not included. If any supplementary treatments are required during the treatment cycle, IVF Agent Ltd will not be held responsible for the payment of these services, unless they are acquired through the website.
5) IVF Agent Ltd. will not be held responsible if you offer clients additional treatments outside of the set packages stated in the website and it will be treated as your own responsibility. Additionally, if you agree with any client a different financial transaction or waiver other than the set package then IVF Agent Ltd. will bear no responsibility for such arrangement and it will be the sole responsibility of the parties of the concerned deal. Moreover, it is solely your responsibility to provide your clients with all necessary data during the treatment cycle, and IVF Agent Ltd. will not be responsible for any error or omission of information, both from he client and yourselves.
6) All ‘General Terms and Conditions’ as published on the website are binding upon registration and for each acquisition.
7) In the completion of the above mentioned activities, IVF Agent Ltd acts as an intermediary. You are uniquely responsible for the treatment of the client, maintenance of records of each treatment, communication with the relevant authority, licensing, taxation and all other activities not included in the present contract.
8) IVF Agent Ltd and you agree that any knowledge gained as a result of this business relationship shall remain confidential. Any third party that may wish to obtain information through the present contract is subject to agreement between both parties.
ADDITIONAL CLAUSES FOR CLIENTS
These clauses will be considered as addendum of the ‘General Conditions of Use’ of the site http://www.IVFAgent.com and are binding on the Consumers of treatments e.g. patients. This is applicable to IVF Agent Ltd (UK Registered company no. 08024273) referred to in this contract as ‘us’, ‘IVF Agent’ or ‘we’ and clients, via this website (referred to in this contract as ‘you’).
1) IVF Agent Ltd is whole owner and operator of the website http://www.IVFAgent.com (‘the website’). IVF Agent Ltd offers services furnished by third parties (the ‘service provider’) to you. IVF Agent Ltd acts as an intermediary in the services furnished by the service provider, and in this respect cannot accept responsibility for the services offered. All services offered through this contract will be offered by this company either through the website itself or by consultants indicated by us.
2) You understand that registration with the website is free and entitles you to search the listings of the Service Providers and their services offered. Acquisition of services listed on the website is through pre-payment to IVF Agent Ltd. The acquisition price is valid for the entire laboratory treatment specified, but does not include your preparation for treatment. Commission fees are deducted directly from the service providers’ reimbursement. A voucher for the acquired service is emitted once payment has been completed, and must be presented to the service provider at the moment of presentation. Lack of presentation of the voucher could make you liable for the cost of the entire treatment package. Once the voucher is presented, the service is considered completed unless you contact IVF Agent Ltd prior to embryo transfer, or at most within 5 working days, to state otherwise. Beyond this time period, IVF Agent Ltd is not responsible for claims against the service provider.
3) If you require additional treatments offered by the Service Provider, you my acquire them through the website if they are available, or directly through the service provider. If they are acquired directly through the service provider, IVF Agent Ltd is not responsible for the payment of the service, or any litigation that may result from the package acquired.
4) IVF Agent Ltd. will not be responsible for the sales of any services offered to you outside of the set packages stated in this website. Although IVF Agent Ltd. offers the services of world-class Service Providers in this respective field, it is your sole responsibility to choose a Service provider with your own discretion and IVF Agent Ltd cannot be held responsible for such a selection. Moreover, the full completion of the services offered are the sole obligation of the Service Provider and IVF Agent Ltd. will not be held responsible for any discrepancy. IVF Agent Ltd. will neither be held responsible for any financial transaction among you and the Service Provider other than for the set packages listed by the Service Provider on the website.
5) Payment for use of the service. Payment for treatment packages is through the website, or directly to IVF Agent Ltd. Vouchers will not be emitted until the full payment has been cleared.
6) All ‘General Terms and Conditions’ as published on the website are binding upon registration and for each acquisition.
7) In the case that the full treatment package is not completed (for example for cycle cancellation etc) you are entitled to a reimbursement of the value of the voucher minus our commission fees minus the value of the partial treatment effected. This applies only to treatments paid for through the website and the conditions applied by the individual Service Provider. In order to receive such a reimbursement, you will have to notify IVF Agent Ltd within 5 days from the moment you become entitled to a reimbursement, otherwise you will have to deal directly with the Service Provider.
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