Website Terms and Conditions
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are The IVF Network Limited a company registered in England and Wales. Our company registration number is 13271328 and our registered office is at Alliance House, 12 Caxton Street, London, United Kingdom, SW1H 0QS. Our registered VAT number is GB 392 327 289.
We provide an online network for those on their IVF journey (the “Network”). The general public have access to our site to view a range of resources relating to the field of IVF research, treatment and processes. Our customers are able to register and purchase one of a number of membership packages in order to join our Network. Membership provides customers with exclusive access to member-only content, promotions, rewards, social feeds, broadcasts, chat rooms and other excusive resources.
Our membership fees will be stated on our website at www.theivfnetwork.com/join. All our membership packages are for fixed annual terms and all fees are paid as a one-off payment at the start of the annual term.
2.2 How to contact us. You can contact our customer service team by writing to us at hello@theIVFNetwork.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address provided when you become a member of the Network.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
2.5 When we use the words “intellectual property rights” this means all patents and patent applications, utility models, rights in industrial designs, trademarks (whether registered or unregistered and including any goodwill in such trade marks), service marks, trade names, business names, internet domain names, e-mail address names, rights in designs (whether registered or unregistered), copyrights (including rights in computer software), moral rights, database rights, rights in know-how, rights in confidential information, rights in trade secrets, rights in inventions (whether patentable or not), rights in discoveries, rights in improvements, rights in techniques, rights in processes, rights in tools, rights in models, rights in concepts, rights in systems and all other intellectual property rights, whether registered or unregistered, including any form of application for any of the same and all similar or equivalent rights which may exist anywhere in the world
3. Our contract with you
3.1 What is an “order” for the purposes of these terms and conditions? Where we refer to an “order” in these terms and conditions this means the purchase of a membership package by customer to enable them access to the full Network.
3.2 What is a “product” for the purposes of these terms and conditions? Where we refer to a “product” in these terms and conditions this means any of our membership packages and digital content that we sell to our consumer customers.
3.3 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, following payment of the initial membership fee via our website, at which point a contract will come into existence between you and us. For the avoidance of doubt, a contract will come into existence between us following payment by you of the initial membership fee by credit or debit card and delivery of our confirmation email. You will be invited to complete your profile once payment has been confirmed.
3.4 If we cannot accept your order. If we are unable to accept your membership order, we will inform you of this in writing and will not charge you for the membership package. This might be because the membership package is unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the membership package being purposed or because we are unable to supply the content advertised for your membership package.
3.5 Your account. Your email address will be used as the unique identifier for your account with the IVF Network. It will help us if you can tell us your email address whenever you contact us about your order.
3.6 We are an international website. Our website is for the promotion of our products internationally however, the majority of the content supplied to each customer relates to IVF matters in the UK.
3.7 We do not provide legal or medical advice. We do not provide or purport to provide legal or medical advice to our customers. The IVF Network offers only guidance and general comment on IVF related matters. You acknowledge and accept that no such advice is being offered at any time during or after this contract and you warrant that you shall not seek to rely on any information provided by us or from others on the Network as a replacement for legal advice or medical advice from qualified professionals. You warrant to always speak to and rely on the advice of a qualified medical professional before taking any steps whatsoever in relation to IVF or other fertility treatment, assisted conception, fertility counselling or when issuing any IVF guidance to others.
4. Our products
4.1 Content may vary from advertisements. The content descriptions and any images of the products on our website are for illustrative purposes only. Although we have made every effort to describe our content accurately, given the nature of scientific research, our live broadcasts, IVF as a topic and the subjectivity of articles and the content producer’s opinion, we cannot guarantee that the content accurately reflects what has been described to you when purchasing your membership package.
4.2 Delivery of content may vary. The way in which we deliver products may change. We may choose to introduce new technology to help deliver content to you virtually. This may include using new applications and online platforms to provide live broadcasts, articles, podcasts, social streams and chatrooms.
5. Your rights to make changes
If you wish to make a change to the package you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the membership package, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see 8 - Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements, notably in relation to breaches of trademark, copyright, passing-off and any other relevant intellectual property rights;
(b) to update research findings and reports provided via the Network to reflect changes in science and opinion;
(c) to remove any inappropriate or misleading content from any social stream or chatroom; and
(d) To implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Network.
6.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall, where possible, match the description of it that we provided to you before you bought it.
7. Providing your membership and access to the Network
7.1 When we will provide the products. During the order process we will let you know when we will provide the products to you. Once your order has been confirmed, you will have access to the Network via the member’s login page. This will give you access to the digital content that you have purchased.
7.2 We only supply digital content via our ongoing membership service. We will supply the digital content to you until your membership expires or you end the contract as described in 8 or we end the contract by written notice to you as described in 10.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (for example, IT and server issues) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 What will happen if you do not give required information to us? We may need certain information from you so that we can supply the digital content to you, for example, your name, age and payment details. If so, this will have been stated in the description of the products on our website. You will be prompted to supply this information when making your order and when completing your online profile. If you give us incomplete or incorrect information, we may either end the contract (and 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying any content or membership benefits late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.5 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) if you breach in anyway any of our codes of conduct, data or user policies in place from time to time;
(d) make changes to the product as requested by you or notified by us to you (see 6).
7.6 Your rights if we suspend your membership. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the supply of our products for longer than one month in any 12 month period we will extend the length of your membership package for a period equal to the time our services were suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend for longer than 4 months in any 12 month period it and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.7 We may also suspend your membership if you do not pay. If you stop paying us for your membership when you are supposed to (see 12.3) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend your membership of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending your membership we can also charge you interest on your overdue payments (see 12.5).
7.8 General Indemnity. You warrant not to breach and agree to indemnify us against all reasonable liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by us arising as a breach of:
(a) these terms and conditions;
(b) our website acceptable use policy (including our content standards) in place from time to time;
(d) our data protection policy in place from time to time.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with your membership package, how we are performing and when you decide to end the contract:
(a) If what you have bought is incorrectly described you may have a legal right to end the contract, see 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see 8.2;
(c) If you have just changed your mind about your membership package, see 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; and
(d) In all other cases (if we are not at fault and there is no right to change your mind).
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to your membership package or these terms which you do not agree to;
(b) we have told you about an error in the price or description of your membership package and you do not wish to proceed;
(c) there is a risk that supply of your membership package may be significantly delayed because of events outside our control; or
(d) we have suspended supply of your membership package for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). As consumer customers have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, apply to some of the digital content we provide and are explained in more detail in these terms.
8.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm your membership and accept your order, or, if earlier, until you start downloading or streaming content from the Network. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them (i.e. entering the Network after creating your account). If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please email us at hello@theIVFNetwork.com. Please provide your email address.
9.2 Deleting products after ending the contract. If you end the contract for any reason after digital content has been downloaded, you must as soon as possible delete the content from any external devices including computers, storage packs/hard drives/USBs and tablets.
9.3 How we will refund you. Where we make any refunds to you we will refund you by the method you used for payment. However, we may make deductions from the price, as described below. We will seek to repay any refunds under these terms and conditions within 14 days of agreeing to make the refund with you.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) Materially breach these terms and conditions;
(b) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(c) if you breach in anyway any of our codes of conduct, data or user policies in place from time to time; and/or
(d) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide access to the Network;
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract. For the avoidance of doubt, we will have provided your membership product to you as soon as you login to the Network.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please email us at hello@theIVFNetwork.com.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Network. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
a) If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you're entitled to a repair or a replacement.
c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
See also 8.3.
If your product is services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the membership price wrong? It is always possible that, despite our best efforts, our membership packages may be incorrectly priced. Where the package’s correct price is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order
12.4 When you must pay and how you must pay. We accept payment with most major credit cards. You must always pay for your membership before you can login and access the full Network and begin benefiting from downloads and our full range of content.
12.5 We can charge interest if you pay late. If you do not make any payment to us (e.g. rejected payments or other payment faults) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think you have been mischarged. If you think you have been mischarged please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us before becoming a member or you were made aware of it when using our free section of the website.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 19
13.3 When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4 We are not liable for business losses. If you are using the membership for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
15. Intellectual property rights.
15.1 Our intellectual property rights. All intellectual property rights in the IVF Network and any of our content on our websites created or delivered by us shall belong to us at all times and shall remain our property. You warrant, represent and undertake not to, at all times, directly or indirectly:
(a) copy, register, reverse engineer or in any way damage any intellectual property rights owned by us in relation to the IVF Network, including but not limited to our logos, domains, site designs or methods of delivering our content; and/or
(b) bring our name, image or reputation into disrepute.
You agree to indemnify us against all reasonable liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by us arising as a breach of this clause 15.1.
15.2 Your intellectual property rights in content that you publish on the Network. You hereby agree to grant us a non-exclusive royalty-free licence to use or otherwise exploit any content created by you and posted on our websites through your participation in the Network in order to allow us to post and publish your content on our websites or on our social media platforms. For the avoidance of doubt this includes but is not limited to any posts, documents, public chats, streamed content or broadcast content created or re-shared by you and posted on the Network.
15.3 Using intellectual property belonging to third parties. In creating the Network we may choose, at our absolute discretion, to use images and designs produced by third parties. We give no warranties in relation to your rights to use the images and designs provided by third parties and shall have no liability in respect of any infringements by you of any intellectual property rights belonging to the third parties arising from your membership and use of the Network.
16. Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.