Terms and Conditions

Fertility Matters at Work CIC

1. Introduction

www.fertilitymattersatwork.com (“Site”) is owned and operated by Fertility Matters at Work CIC, a company registered in England and Wales under company number 13429490 and with our registered office at 25 Brunts Street, Mansfield, Nottinghamshire, NG18 1AX (“we” and “us“).

Please read these terms and conditions (the “Terms”) carefully before placing an order. By making any purchase on this Site, you agree to be bound by the Terms. If you are not willing to be bound by the Terms, please do not make any purchase on this Site.

2. Changes to terms

We reserve the right, at our discretion, to modify, add, or remove any or all of the Terms at any time and each such change shall be effective immediately upon posting on the Site.

Please check the Terms periodically for changes.

Your continued use of this Site and any purchase on this Site following the posting of changes to the Terms means you accept those changes. Please check the terms before every purchase.

If the revised terms apply to any existing provision of Services (as defined below), we will notify you of the changes.

3. Privacy policy and Acceptable use policy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy (Privacy Policy – Fertility Matters at Work).

4. Age restriction

You shall not purchase any Services from our Site if you are below the age of 18 years old.

5. Acceptance of order

5.1. These Terms will become binding on you and us and a Contract (as defined below) will come into effect between you and us only upon our written acceptance of the order issued to you by email (the “Order Confirmation”) or when we otherwise contact you to tell you that we are able to provide the Services or any products to you. We are not bound by any order unless we accept it in writing by providing an Order Confirmation.

5.2. If there is any conflict between these Terms and any term of the Order Confirmation, the Order Confirmation will take priority.

6. Entire Agreement

These Terms, the Order Confirmation and the Privacy Policy (together, the “Contract”) constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7. Representations

7.1. You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

7.2. You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in the Contract.

7.3. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services to be provided under the Contract (the “Services”). Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

8. Provision of Services

8.1. We will supply the Services to you from the date set out in the Order Confirmation for the period set out in the Order Confirmation.

8.2. We will use reasonable endeavours to provide the Services set out in the Order Confirmation on time. However, there may be delays due to circumstances outside our control. See clause 12 below for our responsibilities in the event that the Services are impacted by  circumstances outside our control.

8.3. We will need certain information from you that is necessary for us to provide the Services, for example, contact details of users. We will contact you in writing about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have requested it.

8.4. We may have to suspend the Services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the Services. We will use reasonable endeavours to contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.

8.5. If you do not pay us for the Services when payment becomes due, we may suspend the Services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.

8.6. If we supply any product to you as part of the services (such as any materials, information and documents, including but not limited to, PDFs, podcasts, videos, e-books, guides, training materials, e-learning courses, computer programs, data, reports and specifications or any other form of digital content or any other type of product whatsoever (the “Client Materials“)), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.

8.7. In the unlikely event that you are not happy with the services please contact us and tell us as soon as reasonably possible.

8.8. As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

8.9. Subject to Clause 9 below, once a Contract has been entered into you have no right to cancel or obtain any refund but you may request that the Services are transferred to another person within your organization. Any transfers pursuant to this Clause 8.9 are at our discretion and will take places once we have confirmed the transfer in writing.

9. Termination

9.1. We may terminate a Contract at any time with immediate effect by giving you written notice if:

a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or

b) you break the Contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing (if the situation is capable of remedy).

9.2. You may terminate a Contract at any time with immediate effect by giving us written notice if we break the contract in any material way and do not correct or fix the situation within 14 days of you asking us to in writing.

9.3. You are not entitled to any refund in the event that the Contract is terminated.

9.4. Upon termination of the Contract, you shall, upon request by us, return, delete or destroy all Client Materials and provide written confirmation that you have done so.

10. Price and payment

10.1. Prices for the Services are specified on our Site and confirmed in the Order Confirmation. We may change our prices any time, but that will not affect the prices for confirmed Contracts (which may be varied by notification to you in writing).

10.2. Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.

10.3. Payment for Services is to be made in advance by credit or debit card except where agreed otherwise in writing between us. We accept payment with all major credit and debit cards.

10.4. If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of National Westminster Bank 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.

10.5. In the event that you elect to renew the Services following the initial term of 12 months, we reserve the right to amend our pricing in accordance with the Order Confirmation.

11. Limitation of liability

11.1. Subject to Clause 11.2 below, we shall have no liability in respect of any:

a) special indirect consequential or pure economic loss, costs, damages, charges or expenses;

b) loss of profits;

c) loss of sales or business;

d) loss of agreements or contracts;

e) loss of anticipated savings;

f) loss of use or corruption of software, data or information; or

g) loss of or damage to goodwill.

11.2. Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

a) fraud or fraudulent misrepresentation;

b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

11.3. Subject to Clause 11.2 above, our total liability to you shall not exceed the lesser of (a) the total price under our Contract with you and (b) £250,000.

11.4. Subject to Clause 11.2 above, we shall have no liability to you if you have not made all payments under your Contract with us when due.

12. Circumstances beyond our control

12.1. If there is failure to perform, or delay in performance of any of our obligations under these Terms due to circumstances beyond our control, we will not be liable for such failure.

12.2. Circumstances beyond our control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, pandemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

12.3. If any circumstances beyond our control affects the performance of our obligations under these Terms:

a) you will be notified as soon as reasonably possible; and

b) the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the circumstances beyond our control.

12.4. If circumstances beyond our control occur and continue for more than 30 days and you do not wish us to provide the Services, you may cancel the Contract. We may cancel the Contract if the circumstances beyond our control continues for more than 30 days.

13. Notice

13.1. Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to 25 Brunts Street, Mansfield, Nottinghamshire, NG18 1AX ;

info@fertilitymattersatwork.com

13.2. Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with when you placed an order on our Site.

14. Miscellaneous

14.1. We may assign our rights and obligations under the Contract to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

14.2. You cannot transfer your rights and obligations under the Contract to any another person without our prior written approval.

14.3. This Contract is only between you and us. No other third person shall have any rights to enforce any terms.

14.4. Each paragraph of these Terms are separate and distinct from one another. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.

14.5. Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

14.6. English law governs these Terms and Contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or Contract between you and us.

15. Contact us

15.1. For any questions or queries you can e-mail us at info@fertilitymattersatwork.com