Terms and Conditions of Use for this Website
Please read this information. It is placed here for the mutual protection of website visitors and Midland Fertility Services Ltd (‘Midland Fertility’).
By using this website, you agree to be legally bound to the following terms and conditions without limitation. Please read these conditions carefully before using this website. These terms and conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current terms and conditions to which you are bound. If you do not wish to be bound by these terms and conditions then please do not use this website.
- Limitation of Liability
- Links to Other Sites
- Viruses / Malicious Content
- Professional Advice
- Complaints Procedure
- Enforceability of These Provisions
- Terms and Conditions of Use for the Midland Fertility Forum
1. Limitation of Liability
The Midland Fertility 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. Midland Fertility makes no warranties or representations as to the accuracy of this website. Under no circumstances, including, but not limited to, negligence, shall Midland Fertility or any party involved in creating, producing, or delivering the website be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if Midland Fertility or a Midland Fertility authorised representative has been advised of the possibility of such damages. Any information does not constitute a contract, guarantee or warranty. Where any errors are drawn to the attention of Midland Fertility, and where it is agreed that there are errors, Midland Fertility will correct them as soon as practicable. Midland Fertility accepts liability for death or personal injury caused by negligent or fraudulent misrepresentation, which cannot under English law be excluded.
Midland Fertility makes no representations about the suitability of the content of this website for any purpose. All content is provided ‘as is’ without any warranty of any kind. While Midland Fertility believes the content to be accurate, complete and current, there may be inadvertent technical or factual inaccuracies and typographical errors and Midland Fertility does not warrant that the information is accurate or complete or current. It is your responsibility to verify any information before relying on it. At any time and from time to time Midland Fertility may make changes in the products, information and/or services described herein, however, Midland Fertility makes no commitment to update the information and expressly disclaims liability for errors or omissions in it.
3. Availability of Website
Midland Fertility 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.
You are responsible for ensuring your computer system meets all relevant technical specifications necessary to use this website and that it is compatible with this website. You understand that Midland Fertility cannot and does not guarantee or warrant that any material available for downloading from this website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus or other security checks) to satisfy your particular requirements for the accuracy of data input and output.
The contents of this site, including but not limited to the text and images herein and their arrangement, are copyright 2009 Midland Fertility, unless otherwise identified. All Rights Reserved. Midland Fertility hereby authorises you to copy and display the content herein, but only for your personal or educational and non-commercial use. 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 Midland Fertility is included, but you may not display for redistribution any portion of the content without the prior written permission of Midland Fertility. No modifications of the content may be made. Contact Jill Anthony-Ackery at Midland Fertility via email to request such permission, outlining a description of the intended extent, purpose and distribution of the copying.
Notifications of alleged intellectual property infringement should be sent to Midland Fertility using the Contact Us link on the website.
6. Modifications to the Website
Midland Fertility reserves the right to make any changes or corrections, alter suspend or discontinue any aspect of this website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and or the release of new software tools or resources shall be subject to these terms and conditions.
Please note that although Midland Fertility tries to ensure that the contents of the website are accurate, it may contain typographical errors or other inaccuracies.
7. Information you provide to Midland Fertility
The following applies to any information you provide to Midland Fertility, for example during any registration process:
- you authorise Midland Fertility to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through this website by Midland Fertility, its partners, successors in title, associates, sub contractors or other third parties
- you must ensure that the personal information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, address and other requested details
By accepting these terms and conditions, you agree to the processing and disclosure of the personal information for the purposes. You are free to amend or modify your profile at any time on the website using the ‘Profile’ button on the Forum. Midland Fertility reserves the right to refuse to publish any profile or amendments to an existing profile in circumstances where its terms and conditions of use of the website or its Forum use policy is breached. The decision of Midland Fertility in making any such determination shall be final.
In addition, the following also applies to all messages, emails, ideas, suggestions, concepts or other material submitted by you (‘content’):
- you must own or have the right to submit content for publication on this website and all contents submitted by you must be legal, honest, decent and truthful and comply with all applicable laws and regulations, standards and or codes of practice
- you must ensure that all contents submitted to Midland Fertility does not infringe the copyright, design, privacy, publicity, data protection, trademark or any other rights of any third party, nor be obscene, abusive, threatening, libellous, or defamatory of any person or be it otherwise unlawful
- you must ensure that the content does not advertise or otherwise solicit for funds or is a solicitation for goods and services
- Midland Fertility has the right to monitor content and may edit, reject or remove content if it believes it does not comply with the above and, in particular, reserve the right to block incoming emails and other content if it believes that the content is or may be inappropriate or otherwise does not comply with the above
You grant Midland Fertility a non-exclusive, irrevocable, royalty free worldwide licence to publish all content that you submit except any proportion of the content that is personal information. You have the sole responsibility for the content which you submit and you shall indemnify and keep Midland Fertility fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, cost, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by Midland Fertility and arising directly or indirectly out of publication of contents submitted by you.
You undertake that you will not use the website for any purposes that are illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. Midland Fertility retains the right to deny access to any person who fails to comply with these terms and conditions.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any user name, email verification and password that may be given to you or selected by you for use on this website. You may not share these or transfer these to any third party. You must notify Midland Fertility Services immediately if any unauthorised use of them or other breach of security regarding this website that comes to your attention.
9. Links to Other Sites
Some of the websites listed as links herein are not under the control of Midland Fertility. Midland Fertility makes no representations whatsoever concerning the content of those websites. Visitors to www.midlandfertility.com will leave the website by clicking any link to another website. Midland Fertility is not responsible for the content of any such sites. The fact that Midland Fertility has provided a link to a site is not an endorsement, authorisation, sponsorship or affiliation by Midland Fertility with respect to such site, its owners or its providers. Midland Fertility Services provides these links only as a convenience to you. Midland Fertility Services has not tested any information, software or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software or products found on the internet, and Midland Fertility cautions you to make sure that you completely understand these risks before retrieving, using, relying upon or purchasing anything via the Internet.
10. Viruses / Malicious Content
Midland Fertility 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 Midland Fertility 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.
The pages of this site are prepared and issued in the United Kingdom and are intended for the information of United Kingdom residents only. Accessing the site from countries where its contents may be illegal or unlawful is forbidden. If a user accesses the site from outside the United Kingdom, they must be responsible for ensuring that they are acting in compliance with local laws.
Midland Fertility may assign, transfer, novate or subcontract any of its rights and obligations under the terms and conditions at any time.
13. Force Majeure
Neither you nor Midland Fertility will be held liable for any failure to perform any obligations to the other due to causes beyond your or Midland Fertilitys’ respective reasonable control.
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.
15. Governing Law
These terms and conditions shall be governed by and interpreted in accordance with the laws of England and Wales and you agree that the courts of England and specifically the Walsall County Court / Walsall District Registry shall have exclusive jurisdiction to resolve any disputes between us notwithstanding the jurisdiction where you are based.
16. Professional Advice
The information provided on the Midland Fertility Forum is distributed with the understanding that the Midland Fertility Forum is not intended to provide professional advice of any type. If you have a question requiring professional advice, such as a question relating to medical purposes, please seek the advice of a qualified professional in the relevant field.
17. Complaints Procedure
If you wish to complain about any aspect of the Midland Fertility Services website, please visit the information about the Midland Fertility complaints procedure.
18. Enforceability of These Provisions
Should any of these terms and conditions be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in a manner so as to remain consistent with the original intent of Midland Fertility Services. Provisions not otherwise held invalid shall remain in force. Nothing in these terms is intended to confer any benefit on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Terms and Conditions of Use for the Midland Fertility Website Forum (‘Midland Fertility Forum’)
Midland Fertility Forum Policy
The Midland Fertility Forum is offered as a free community service. While Midland Fertility supports free speech, Midland Fertility also recognises that it is important to respect the rights of other individuals. Midland Fertility has created a useful and welcoming Forum for patients and other users. Midland Fertility will not tolerate language or content that is inappropriate for users of all ages or disrespectful or harmful to others.
Midland Fertility Forum Rules
- Be nice. Treat all users with respect. Rudeness will not be tolerated on the Midland Fertility Forum. The Midland Fertility Forum should be fun and useful for everyone, so keep it clean and respectful.
- Do not harass, threaten or embarrass Midland Fertility Forum participants, Midland Fertility staff, or other individuals or organisations.
- No profanity, obscenity, statement derogatory to race, sex or creed, or other inappropriate activity is allowed on the Midland Fertility Forum.
- Do not refer to Midland Fertility staff by name. References to staff names will be removed by the moderator, with no notice. While good comments about the clinic and individuals are always welcome, uncorroborated negative comments or incorrect information can be damaging to the clinic’s or the individual’s reputation and their professional relationship with patients. Please remember that any patient who has a grievance about the quality of care or treatment at Midland Fertility should follow the Midland Fertility complaints procedure, so the issues can be investigated and responded to.
- No transmission is permitted of any information, data, text, files, links, software, chat, communication or other material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially derogatory or otherwise objectionable.
- No person may impersonate any other actual person.
- The posting or transmission of any unsolicited advertising, promotional materials, or any other forms of solicitation on the Midland Fertility Forum is prohibited.
- The sale of goods or services on the Forum is strictly prohibited and Midland Fertility reserves the right to remove any article, advert or post which offends this prohibition.
- No person should offer medical advice via the Midland Fertility Forum.
- It is illegal to attempt to buy or sell drugs via the Midland Fertility Forum.
- The Midland Fertility Forum will be monitored or logged for maintenance or security purposes, including private rooms. Midland Fertility reserves the right to identify users in response to a court order or the threat of legal action or otherwise as may be required by law and that the user consents to the disclosure of personal data for these purposes. For the avoidance of doubt, Midland Fertility will not sell or release personal data to a third party other than in accordance with the terms of this paragraph.
- Midland Fertility assumes no liability for the content of any message.
- Midland Fertility reserves the right to remove, gag, or ban any content at its sole discretion. Information can be removed without notice to you.
- Any user who repeatedly posts messages which do not conform to the terms and conditions or who is responsible for any sort of user harassment may be banned indefinitely from the Forum and their ISP may be contacted. No warning need be given. Midland Fertility agrees to notify any banned user. Banned users must not attempt to access the Midland Fertility Forum under any other name or through any other user. There is no right of appeal against any decision made by Midland Fertility.
- No third party copyright material should be posted. If a user wishes to refer readers of the Midland Fertility Forum to other sources of material, they should do so by posting a reference to the relevant web page, rather than by copying the page over.
- Not reading the Midland Fertility website legal section and the Midland Fertility Forum policy and rules is no excuse for rule violations.
- No user may violate any local, national or international laws.
- If you have been assigned a userID for access to restricted sections of this site, you are responsible for all activities executed under your userID and are the only one who may use it. To meet this responsibility, you are expected to select secure passwords and keep them confidential. Allowing another person to use your userID and its associated passwords, using a userID and password assigned to another person, or attempting to gain access to resources for which you are not authorised is a serious breach of security.
- The Midland Fertility Forum moderators, administrators and webmaster exist to enable the fair use of the Midland Fertility Forum for everyone. If you have any problems or issues with the Midland Fertility Forum, contact the Forum administrator.
- All Midland Fertility Forum content published by Midland Fertility, inclusive of postings made by members/guests/moderators, is for information purposes only. Readers/members are encouraged to confirm the information contained herein with other sources. Patients and consumers should review the information carefully with their professional healthcare provider. The information is not intended to replace medical advice offered by your own doctor or consultant. Midland Fertility will not be liable for any direct, indirect, consequential, special, exemplary, or other damages arising thereafter.
LU: 28/5/14 LJB