Terms & Conditions
1. In General
Access to and use of this website and the products and services available through this website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some or all of this website.
Dr Fertility contains content generated by us. The content of Dr Fertility is provided for general information only. We do not warrant that information we provide will meet your health or medical requirements. In particular, this information is not a substitute for professional medical care by a qualified doctor or other healthcare professional. If you are not a healthcare professional then you should always check with your doctor if you have any concerns before taking, or refraining from, any action on the basis of the content on Dr Fertility. If you are a healthcare professional then this information (including any professional reference material) is intended to support, not replace, your own knowledge, experience and judgement.
You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Dr Fertility will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
5. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this website remains the property of Dr Fertility or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Dr Fertility and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Dr Fertility or its licensors.
6. Disclosure of data
We do our best to protect your personal information from unauthorised access and use, accidental loss and/or destruction.
We will respect your privacy. You should receive marketing emails only from Dr Fertility. It will be made clear to you where you have these choices, for example, tick boxes will let you decide whether you wish to receive marketing or newsletters. We may, however, email you occasionally with information or queries about your registration, your subscription account, your website activity or postings, for example, with reminders, confirmations, warnings or copyright requests.
Dr Fertility will share your contact details with product partners who provide a drop shipping service. Dr Fertility will use the information received to provide the Services and to improve the content of the site. In order to provide the Services, your personal data may in some situations be seen by third parties, such as doctors or operations and maintenance contractors repairing and maintaining Dr Fertility's technical systems.
Except as stated above, Dr Fertility will not disclose any of your personally identifiable information without your permission except under special circumstances, for instance if Dr Fertility in good faith believes that the law requires disclosure.
Any information collected by Dr Fertility will be treated confidentially.
Please remember that any information you reveal, including personally identifiable information in a public forum such as in a discussion forum, is not subject to these Terms and Conditions and can be seen by third parties unrelated to Dr Fertility. It is therefore important that you carefully consider what information you disclose in these areas.
7. Correcting/Updating/Storing Personal Information
Dr Fertility stores information only as long as it is necessary. If your personal information changes (such as your address) or you no longer want to use one of our services to which you have subscribed, we will provide a way to correct, update, delete or remove your personal data. This can usually be done by you at the member information page or by e-mailing our site administrator.
9. Terms of Sale
By placing an order, you are offering to purchase a product on, and subject to, the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Dr Fertility, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Dr Fertility retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm that you have transacted with Dr Fertility. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost’. The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Upon receiving your order, we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
10. Home Testing
Who provides the home testing service?
Dr Fertility’s Home testing service is run in partnership with LetsGetChecked. You can access LetsGetChecked’s Terms and conditions here: [Link]
The Products & Services are provided by PrivaPath Diagnostics registered in Ireland, registered number 531029, with a registered office at Unit 3, Adelphi House, George's St. Upper, Dun Laoghaire, Co. Dublin, A96 NY82, Ireland. LetsGetChecked is a registered business name in Ireland of the Company, registered number 516223.
No medical advice
Please note the information contained in these Terms and Conditions and on our Dr Fertility site and the LetsGetChecked site is for general guidance only. Neither the sites nor services constitute medical advice and are not intended to replace medical advice which should be provided by a qualified and registered healthcare professional. If you need medical advice, you should contact such a healthcare professional.
Dr Fertility is not responsible for information on the LetsGetChecked site or any information given by any member of staff employed or contracted by LetsGetChecked.
Online home testing order procedure, payment, delivery and cancellation
When you purchase the Products & Services, you undertake:
- that you are over 18 years of age;
- that you are resident in the UK, and you are accessing the Dr Fertility and LetsGetChecked sites from an IP address in the UK;
- that you are using the Dr Fertility and LetsGetChecked sites in your own name and not on behalf of anyone else;
- that you will not allow any other person to use the Dr Fertility and LetsGetChecked sites, Products & Services under your name, nor will you, in using the Products, Services or the Dr Fertility and LetsGetChecked sites, pretend you are someone else, or seek to disguise your identity; and
- that you are only using the Dr Fertility and LetsGetChecked sites, the Products & the Services for your own benefit and not for the purposes of providing Services to others.
The home testing order procedure requires amongst other things, you to specify the required delivery address, to purchase the type of Product applicable to the Sample you wish to provide and also to confirm that the Test Information is to be made available to you in your Account area on the Site.
Using the home testing services
You acknowledge and agree that in order to avail of the services you must follow the procedure demanded by these Terms and Conditions. You will be required to register with LetsGetChecked and to set up an account. Where you receive the product by post, you must register the product kit to your personal account. Failure to register the Alpha Code and Numerical Code of the Product kit means you will not be able to access Test Information.
By proceeding with any test, you are formally providing your informed consent to undergo that test. You agree that before proceeding with any test, you will read all relevant information provided in these Terms and Conditions and on the LetsGetChecked site, including all packaging. If you are unsure or if you require any further information, you agree to contact LetsGetChecked or a registered healthcare professional for further information.
You agree that your use of the services is at your sole risk. We cannot and do not warrant that the tests performed or Test Information as part of the Services will be 100% accurate due to the nature of the tests being performed.
You acknowledge that the Test Information does not constitute a definitive diagnosis. In a small number of cases there can be incidences of false-positive results and false-negative results. All positive, reactive or detected results must be verified by a doctor through a confirmatory test. You acknowledge any Test Information does not constitute a definitive diagnosis.
The Services are limited to the Services as defined. If you require specialist advice or counselling in addition to the Services, you will need to seek your local services.
Any failure to comply with your obligations as outlined in this clause, particularly with regard to re-testing where appropriate, is entirely your responsibility.
By using the Products and/or Services, you warrant and are confirming that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old.
- to take note that LOW, NORMAL OR HIGH READINGS do not constitute a definitive diagnoses and further testing will be required from a medical professional to constitute a definitive diagnosis for fertility testing
- to comply fully with all instructions included with the Product and to return the Sample in the Product within the timescale set out in the instructions
- to provide Dr Fertility and/or LetsGetChecked with such information or evidence of identity as we may be required to obtain from you by applicable law from time to time;
- to disclose to LetsGetChecked honestly and to the best of your knowledge any information that may affect or impact test result.
- to use the site, the products and the services only for lawful purposes and in accordance with these Conditions and you further undertake in making a complaint or raising a query on these Conditions, not to be abusive to any of our staff, or us or those of our Accredited Laboratory or induce fear or harass any member of our staff; and
- not to use the Products and/or the Services for resale or in any way that breaches any applicable local, national or international law or regulation.
- you acknowledge and agree that when you submit an order you have not received any advice from us.
Submitting the sample
When submitting a sample, you must fill the collection device to the indicated line. If you do not provide an adequate sample, you will not receive a result. You will find within the Product a simple step-by-step process to ensure you take the Sample correctly and place it in the Product. You will then place the Product with the Sample in it, into a prepaid envelope and post them back immediately to the Accredited Laboratory.
Setting up your account
You must have an Account on the LetsGetChecked site in order to obtain test results. You must also register the individual Product kit to your account using the Alpha Code and Numerical code of the Product before returning your sample to the laboratory to obtain test results
You agree that you will only set up one Account with LetsGetChecked through their Site and not duplicate a user Account. When you create an Account with LetsGetChecked you agree to provide genuine contact details that can be used should you request support from LetsGetChecked’s Medical Advisor within the scope of the Services.
To open an Account, please go to Account in the registration area on the front page of the Site (top right) and provide the details requested. It is important that the details you provide LetsGetChecked with are correct, accurate and complete and that you tell LetsGetChecked promptly of any changes to these details.
To register an individual Product kit, go to the "Activate Kit" section of the Site, sign into your account or create a new one and provide the Alpha code and Numerical code as requested.
When you register with LetsGetChecked, you undertake that the details you provide LetsGetChecked with are true, accurate and complete and that you will tell LetsGetChecked promptly of any changes to these details. To ascertain how LetsGetChecked process your personal data, please review their Privacy Statement and Cookies Policy. [LINKS]
Part of the information you are required to provide to register with LetsGetChecked is a Password. This is generated by you. You are responsible for ensuring that any Password (or any substitute Password) you use to register or to access your Account (after registration, if you registered) is kept confidential, only used by you and is not used by or disclosed to others.
You are also responsible for:
- all transactions or activities carried out using your Account and Password; and
- ensuring that when you access the Account that the system you use to access the Account is secure, is not left unattended unless you have fully exited the Account and that your Password is not retrievable from the system by others.
You are responsible for notifying LetsGetChecked if you know or suspect that your Account or Password might be known to a third party. If you fail to do so, you will be liable and fully responsible until you notify LetsGetChecked. We at Dr Fertility and LetsGetChecked will have no liability to you or to any third party if any email we send to you or any information we notify you of via your Account is seen or received or accessible by any third party, including for any emotional distress caused to you or to a third party by reason of the third party being aware of LetsGetChecked sending you communications or test results.
You will be sent an email from LetsGetChecked notifying you when Test Information has been made available to your Account. The Test Information will be set out in plain language to make it easy for you to understand the contents.
If you have a positive, reactive or detected result you will need a further confirmatory test from a suitably qualified doctor.
The services include, in respect of a user whose Test information indicates a positive, reactive, detected result, receiving a phone call from a medical advisor which will offer direction and support to the user.
If you have concerns with the Test Information you should consult with your own medical practitioner or contact a member of the LetsGetChecked team who will be able to direct you to other sources of support within the scope of the Services. If you purchase Products and Services and receive Test Information during an Incubation period relevant to you, irrespective of the Test Information, you will retest either through LetsGetChecked or through your general practitioner.
Dr Fertility will have no access to your personal test information or dashboard
11. Discount Codes
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this website.
The conditions of use relating to any discount code will be specified at the time of issue. These T&Cs relate to all Dr Fertility promotions, competitions and discount codes (unless otherwise stated).
- Only one promotion code can be used per order.
• A promotion code cannot be used after an order has been placed.
- Promotional codes are limited to one use per customer
12. Disclaimer of Liability
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Dr Fertility and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation, to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Dr Fertility’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
13. Linking to this website
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
14. Disclaimer as to ownership of trademarks, images of personalities and third-party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with Dr Fertility and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Dr Fertility.
You agree to indemnify, defend and hold harmless Dr Fertility, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms of Service.
Dr Fertility shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and Wales and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
21. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Dr Fertility. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Dr Fertility.
22. Ethical Sourcing Policy
As a reputable and trusted business committed to offering its customers high quality products, Dr Fertility recognises its obligation to ensure that suppliers are operating ethically.
We expect our suppliers to consistently provide an environment, which protects their employees' health and safety and basic human rights. Dr Fertility will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base.
Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as Dr Fertility continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.
23. Competition Terms and Conditions
- The promoter is Dr Fertility whose registered office is at WeWork No.1 Spinningfields, Quay Street, Manchester, M20 6SQ.
- The competition is open to residents of the United Kingdom aged 18 years or over except employees of Dr Fertility and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
- There is no entry fee and no purchase necessary to enter this competition.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- Route to entry for the competition and details of how to enter are via email and social media platforms Facebook (http://www.facebook.com), Instagram (http://www.instagram.com) and Twitter (http://www.twitter.com) and other marketing channels.
- Only one entry will be accepted per person. Multiple entries from the same person will be disqualified. There will be one winner announced across marketing channels.
- Closing date for entry will be the day before the competition winner announcement date outlined across Dr Fertility marketing channels and social media. After this date no further entries to the competition will be permitted.
- No responsibility can be accepted for entries not received for whatever reason.
- The rules of the competition and how to enter are as follows:
- Instagram – like the competition post and follow Dr Fertility
- Facebook – Like and share the competition post
- Twitter – Retweet the competition post and follow Dr Fertility
- The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
- The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
- The prize is as stated, and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
- Winners will be chosen at random by a Dr Fertility employee.
- The winner will be notified on the relevant social media or marketing channel. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
- The promoter will notify the winner when and where the prize will be delivered. This can take up to 60 days depending on the prize.
- The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
- The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
- The winner’s name will be available 28 days after closing date by completing our contact us form.
- Entry into the competition will be deemed as acceptance of these terms and conditions.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Dr Fertility and not to any other party.
- For any prize that constitutes of fertility product, you should always check product labelling, warnings, and directions provided with the product that is delivered, prior to use. Always read the product leaflet before use. Consult your doctor or pharmacist if you suffer from an underlying medical condition (for example, diabetes, epilepsy), or if you are taking any other medication or complementary therapy. Keep out of the reach of children.