LEGAL

Terms of Use

This website (the “Site”) is owned and operated by Nua Fertility Ireland Limited (Nua Fertility, the Company/We/Us/Our). By using this website you agree to abide by the Terms and Conditions contained herein. Copyright in the material contained in this website is owned by the Company and the contents may not be downloaded for commercial purposes or for re-publication.

These terms and conditions (“Terms”) set out how you may use the Site and the content within them. Use includes without limitation accessing, browsing (with or without purchase), purchasing and/or submitting any Contributions (defined below).

These Terms also set out how you may interact with us on our official social media accounts (including without limitation our accounts on Facebook, Twitter, Instagram, Snapchat and YouTube) (“Social Media”). Interacting in this context includes without limitation: joining our official Nua Fertility group/page, following us, “liking”, “retweeting”, or writing a comment in relation to a page, or submitting a Contribution (defined below) on the Social Media (“Interacting” or “Interaction” (as applicable)).

The Site and the Social Media shall together be referred to as the “Services” in these Terms.

Please also read our Shipping and Returns policy, which relates to purchases of items from the Site, our Promotions’ Terms relating to our promotions, and our Privacy Policy which relates to information collected during your use of the Services and other Nua Fertility services (“Other Terms”).

Please read the Terms and the Other Terms carefully before you start to use the Services. By using the Site and by Interacting with us on Social Media, you are agreeing to these Terms and the Other Terms (collectively “Our Terms”) and agree to comply with them. If you do not agree to Our Terms you must not use the Services.

You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms and that they comply with them.

Content on the Services

The content on the Services is provided for general information only. It is not intended to amount to advice on which you should rely.

We will update the Services from time to time, and may change the content at any time.

Although we make reasonable efforts to update the information on the Services, we make no representations, warranties or guarantees, whether express or implied, that the content on the Services is accurate, complete or up-to-date.

We do not guarantee that the Services, or any content on the Services, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Services without notice.

We reserve the right to amend these Terms from time to time. The Terms were most recently updated on 22 July 2020.

Website Content

The Company has taken all reasonable steps to try to ensure the accuracy of all information contained on this Website.

The Company makes no representation and gives no warranty in respect of the information provided on this Website and we will not accept any loss or damage arising from reliance on information provided nor in respect or any error or omission.

Product Information

We have taken reasonable steps to ensure the accuracy of the description of our products listed on this Website.

The information regarding our products is subject to change.

We reserve the right to amend any error appearing on this website and remove from sale any product without incurring any liability.

Ordering Products

You may order product from this website by completing the appropriate order form or by contacting us by through the contact form on the website.

When you go through the checkout process and place an Order with us on the Site you will provide to us various information about yourself including your name, email address, payment address, delivery address and telephone number. You must ensure that the details you input are correct and personal to you (ie. you must not use a generic email address or an email address that is used by another person) to ensure the accuracy and security of your information and to ensure that we can tailor our services to you. We use the email addresses you have inputted as a link for Orders to you so it is important that this email address is personal to you to ensure the security of your information and to ensure that our information about you is accurate and kept up to date.

When ordering product you are confirming that the information provided by you is accurate and complete and that you are using your own credit or debit card.

When ordering product you are also confirming that you have read all applicable warnings and advice regarding the consumption of Our products and you confirm that you are at least 18 years of age and that you are not purchasing product for, or on behalf of, a person under that age.

Payment

You can pay for Items on the Site using various credit and debit cards. Payment for products must be made in full at the time of order and can only be paid in Euros.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified as soon as possible.

We may undertake searches with credit reference agencies for the purposes of verifying your identity and the personal information you submit as part of an order. To do so the agencies may check your personal information against any particular information on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. We may also use your personal information for the purposes of prevention or detection of fraud. By submitting your order you agree to this.

All Items ordered remain our property until we receive full payment from you.

Please note that in addition to the Items and delivery charges we apply to your order, you may also be required by your country of residence to pay import duties and taxes. Please contact your local customs office for further information so that you are sure about the applicable duties and taxes before you place your order. We are not responsible for payment of such duties and taxes and in the event that you refuse to pay such duties and taxes and the order is returned to us, we will require you to pay any costs that we have incurred as a consequence.

Delivery of Products

You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your order is going to but also the name of the recipient. We cannot be liable for delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.

We will make every effort to deliver your order within estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control for example, material shortages, travel or transportation disruption, import delays, software or technical failures or higher than anticipated demand. Please note delivery of your order may take longer during sale or other busy periods.

We are unable to deliver on public and bank holidays. Around these dates, delivery will take longer than usual. Please allow an extra working day (i.e. Monday-Friday, excluding Saturdays, Sundays and public holidays) for each of these days when calculating the estimated delivery date and when choosing your delivery option.

We will arrange for the delivery of products to the person and to the address specified by you at the time your order is placed. Should you wish to make changes to the place or other matters relating to delivery we will endeavour to comply with your request but this may result in additional delivery charges and/or a delay in product being delivered.

If you do not take delivery of the products or if you fail to provide proper delivery information we may cancel your order in which case we will refund the price but you will remain liable for all delivery charges.

At the time of delivery you are responsible for checking that your order is correct. If there are any errors you must notify us in writing as soon as possible and in any event within 14 days after the delivery date. We will not be liable for any loss or damage arising out of your failure to do so.

Please be aware that some countries charge import duties. Nua Fertility is not responsible for any charges or import duties to ANY country.

Cancelling Your Order and Returns

You may cancel your order by informing Us in writing within 14 days of delivery. You must provide Us with the order reference number and your reasons for cancellation.

You may not cancel your order once the product container has been opened and/or the product has been used.

If you choose to cancel your order once the product has been dispatched you will be responsible for returning the product to Us at the above address. You will be liable for the cost of returning the product and will be responsible for ensuring that the product is returned in a reasonable condition.

We will refund the price that you paid for the Items taking into account any discounts or promotions applied when you purchased the items. The refund will not include any delivery charges you have paid. All refunds will be made using the same method of payment you used to purchase the Items.

The above does not affect your statutory rights. Please note that this policy only applies to items you have purchased on the Site. For Items purchased from other sources, you will need to check the returns policies of the applicable source.

Intellectual Property

The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

Limitation on liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content on them, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Services or use of or reliance on any content displayed on the Services.

Please note that we only provide the Services for domestic and private use. You agree not to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content from the Services, or from any website linked to the Services.

We do not guarantee that the Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platforms in order to access the Services. You should use your own virus protection software.

Prohibitions

You must not misuse the Services.

You must not, in relation to the Services: introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or in breach of confidence or is in any way offensive or obscene; attack the Site via a denial-of-service attack or a distributed denial-of service attack; commit or encourage a criminal offence; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights (including without limitation intellectual property rights); send any unsolicited advertising or promotional material / “spam”; attempt to affect the performance or functionality of any computer facilities access through the Site; hack into any aspect of the Services; and/or corrupt data. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use of the Services will cease immediately.

You must not use the Services for any commercial purposes (including without limitation using automated systems or software to extract data from the Services) without our prior written consent.

Third party links and resources on our Site

Where the Services contain links to other Site and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Site or resources.

We assume no responsibility for the content of websites linked on the Services. Such links should not be interpreted as endorsement by us of those linked websites. When you activate any of these links you will leave the Services and we have no control over, and will accept no responsibility or liability for any loss or damage that may arise from your use of them.

Social media

By interacting with us on the Social Media (including without limitation joining our official Nua Fertility page or following us on Social Media, “liking”, “retweeting”, “reposting”, writing a comment in relation to a page on the Social Media) (“Interacting” or “Interaction” (as applicable)) you are consenting to our interaction with you on the Social Media and the processing of your information accessed on the Social Media.

The information about you that may be collected when you Interact with us on the Social Media may include without limitation your name, your user profile, your age, your preferences, choices and viewpoints with regards to the topic or subject matter of the relevant Social Media page, your photos and other images and your videos.

Your Interaction with us on the Social Media may also involve you submitting a photo or video of yourself (“Your Image”).

Please let us know if at any time you wish us to stop interacting with you on the Social Media or using any of your information on the Social Media by contacting us at the details set out below.

By Interacting with us (whether on the Site, Social Media or otherwise) you consent and grant to Nua Fertility a perpetual, worldwide, royalty-free license to use Your Image and Contributions for the purposes of promoting, advertising and endorsing Nua Fertility’s goods and services, including without limitation for the purposes of your participation in any promotional activity for the same, and in any media including without limitation television, Social Media, on our Site, in print and outdoor advertising materials. We may want to use Your Image and Contributions for additional purposes which will be detailed when we collect Your Image and/or in any promotional terms and conditions which will be featured on our Promotions Terms page

You may be able to log into the Social Media via the Site through “share” or other buttons. By logging into the Social Media through this service we can make your experience on the Site richer and more personalised. As part of such service the Social Media Services will provide us with access to certain information that you have provided to such Social Media and we will use, store and disclose such information in accordance with our Privacy Policy. We enable these features merely as a convenience and integration and inclusion of such features does not imply an endorsement or recommendation.

Reviews

If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant Nua Fertility and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.

You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

You agree to perform all further acts necessary to perfect any of the above rights granted by you to Nua Fertility, including the execution of deeds and documents, at the request of Nua Fertility.

You represent and warrant that;

  • you own or otherwise control all of the rights to the content that you post as at the date that the content or material is submitted to Nua Fertility;
  • the content and material is accurate; and
  • use of the content and material you supply does not breach any applicable Nua Fertility guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

You agree to indemnify Nua Fertility for all claims brought by a third party against Nua Fertility arising out of or in connection with a breach of any of these warranties.

Cookies

Our website uses cookies. By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.

Cookies may be either “persistent” cookies or “session” cookies.

A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date).

A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Our Cookies

We use both session cookies and persistent cookies on this website.

We may send to you the following cookies:

yourAuthCookie – We will use this session cookie to allow access to member specific areas of the website

ShoppingCart – We will use this persistent cookie to store information about the contents of your shopping basket

ASP.NET_SessionId – We will use this session cookie to store information about your actions on the website

__utma – We will use this persistent cookie to make use of Google Analytics

__utmb – We will use this persistent cookie to make use of Google Analytics

__utmc – We will use this session cookie to make use of Google Analytics

__utmz – We will use this persistent cookie to make use of Google Analytics

Third party and analytics cookies

When you use our website, you may also be sent third party cookies.

We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.

Cookies and personal information

Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies.

Blocking cookies

Most browsers allow you to refuse to accept cookies. For example:

(a) in Internet Explorer (version 9) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;

(b) in Firefox (version 16) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and

(c) in Chrome (version 23), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.

Blocking all cookies will, however, have a negative impact upon the usability of many websites.

If you block cookies, you will not be able to use all the features on this website.

Deleting cookies

You can also delete cookies already stored on your computer. For example:

(a) in Microsoft Edge, select Settings and more > Settings > Privacy and services.
Under Clear browsing data, select Choose what to clear.

(b) in Firefox, you can delete cookies by clicking “Tools”, “Options”, “Privacy” and then “Show Cookies”, and then clicking “Remove All Cookies”; and

(c) in Chrome, you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data”.

Again, doing this may have a negative impact on the usability of many websites.

General

These Terms and Conditions and any contract entered into are subject to the laws of the Republic of Ireland.

Your use of the Site is governed by these Terms and Conditions. Amongst other matters, this details how you may use our name, logos and content on the Site. Please take the time to read this carefully so that you are clear about how you may use the Site. By using the Site you are confirming acceptance of the terms of our Terms of Use.

When you use the Site we will use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully as it sets out how we will use information about you and how your information may be shared with third parties. By placing an order on and/or using the Site you are confirming acceptance of the terms of the Privacy Policy.

You agree not to use any Items purchased for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We only supply the Items for domestic and private use. If you are not a consumer you must obtain our prior written consent to purchase Items from the Site.

These Terms and any document expressly referred to in them, our Privacy Policy, our Shipping and Returns policy and our Promotions’ Terms constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.

You acknowledge that in placing an order and entering into a 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 any document expressly referred to in them including without limitation our Privacy Policy, our Shipping and Returns policy and our Promotions’ Terms. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on these terms.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by any act or event beyond our reasonable control.

We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

When you purchase Items from us, the contract formed is between you and Nua Fertility. No other person shall have any rights to enforce any of its terms.

Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms are governed by Irish law. This means your use of the Site and any contract for the purchase of Items through the Site; and any dispute or claim arising out of or in connection with the same will be governed by English law. You and we both agree that the courts of Ireland and will have non-exclusive jurisdiction to settle any disputes arising out of these Terms or your use of the Site.

If you have any questions about our Terms or Site please contact our Customer Care Team at customercare@nuafertility.com