The following are the legal terms and conditions (the “Terms”) that govern your use of the website located at www.fertilysis.com (the “Website”), that is owned and operated by FERTILYSIS. By accessing this Website, you should acknowledge, accept, and consider yourself bound by these Terms. If you do not agree to the Terms, then you should immediately leave and not use the Website. FERTILYSIS may modify these Terms at any time. Your continued use of this Website following such modifications constitutes your acceptance and agreement to be bound by the Agreement as so modified. You, therefore, should periodically check these Terms for modifications.
Limited Right to Use
As a result of your acceptance of these Terms, FERTILYSIS grants you a personal, non-exclusive, non-transferable right to access and use the Website for informational, non-commercial purposes only.
User Accounts; Security; Services
You will be asked to create a user account in our Website, in order for you to access restricted sections in it, request services, and obtain results. You must represent and warrant that the information you provide is accurate and complete. If you provide any information that is untrue or inaccurate, we reserve the right to suspend or terminate your user account. You agree to maintain the confidentiality of, and not to share or distribute, your password or other login information (“Credentials”). If you know or suspect that your Credentials have been compromised, you should immediately contact the Administrator of the Website to report this problem. Neither the Administrator of the Website, nor FERTILYSIS have any responsibility whatsoever for such a compromise.
We employ administrative, technical and physical safeguards against unauthorized disclosure or access to your private data or other personally identifiable information. However, you should acknowledge that such safeguards may be capable of circumvention and FERTILYSIS cannot guarantee that sensitive information will not be accessed by unauthorized persons, even though we have taken every necessary precaution to prevent this from happening.
You may choose to pay for services using a credit card. If you choose to do so, you must represent and warrant that you are authorized to use the specific credit card, and you agree to pay all charges made under your user account. You agree that we may provide your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you.
You agree that:
a. You shall not use any robot, "spider", or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to extract, mine, or copy any Website content, information, or data.
b. You shall not violate or attempt to violate the security of the Website in any way, including but not limited to: (i) probing, scanning, or testing the vulnerability of the Website; (ii) attempting to access, or accessing, secured portions of the Website to which you do not possess access rights; or (iii) taking any action that imposes an unreasonable or disproportionately large load on the Website or the systems connected to the Website.
c. You shall not use the Website as means to distribute advertising or other unsolicited material to any third party, nor use the Website to post or transmit materials that are private, unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity. FERTILYSIS preserves the right to address any Authority and shall not tolerate any violation of Laws.
Additional Terms and Conditions
Any additional terms and conditions that apply to purchases of goods or services available on or through the Website are incorporated as a part of these Terms by reference. If there is a conflict between these Terms and the terms posted for or applicable to a specific good or service offered on or through the Website, the latter terms shall control with respect to the specific good or service so offered.
Copyrights and Other Intellectual Property
Unless otherwise noted, all information, text, articles, data, images, screens, photographs and artworks are the exclusive property of FERTILYSIS. On the other hand, visual interfaces, user interfaces, graphics or other materials appearing on the Website including, but not limited to the general image and presentation of the Website, are the exclusive property of FERTILYSIS (collectively "The Works"). You may not use any content from the Works in any manner, that may result to a false or misleading impression or statement. Nothing on the Website or in these Terms grants you any license or right to use any of the Works, whether by estoppel, implication, or otherwise. You may not copy, display, print, distribute, download, license, modify, publish, repost, reproduce, reuse, sell, or transmit the Works, or use them to create a derivative work, or otherwise use them for public or commercial purposes, without written consent of FERTILYSIS, except in the following instances:
You may download or print content from the Website if you: (i) do not modify the content or remove any proprietary notice language from it; (ii) use the content only for your own personal, private, and non-commercial purposes; and (iii) do not distribute or republish the content to others, except that you may provide downloaded or printed content to others for their use in providing health care, treatment, or advice to you.
FERTILYSIS respects the intellectual property rights of others, and requires that its Website users do the same. You should not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. If you believe that any material residing on, linked to, or linked from the Website infringes your copyright, please send FERTILYSIS a notification of claimed infringement with all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit FERTILYSIS to locate the material on the Website (such as the URL(s) of the claimed infringing material); (iii) information reasonably sufficient to permit FERTILYSIS to contact you, such as an address, telephone number, and, if available, an email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (vi) your physical or electronic signature.
Unless the context indicates otherwise, the trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”), including, but not limited to FERTILYSIS TM, Hidden C and SPI Test TM, are the registered or unregistered trademarks of FERTILYSIS. Nothing on the Website or in these Terms grants you any license or right to use any of the Trademarks, whether by estoppel, implication, or otherwise.
Not a Substitute for Medical Advice
The information, products and services contained on this Website are intended for educational purposes only. It does not constitute medical advice, nor is it a substitute for medical advice. You should always consult a physician or doctor regarding medical diagnosis or treatment. None of the products or services offered through this website guarantees that each particular service or product is safe, appropriate or effective for you. We encourage users to always seek the advice of a qualified health care provider, concerning personal health and medical conditions
Disclaimer of Warranties
Given the unpredictability of technology and the online environment, FERTILYSIS does not warrant that the function or operation of this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available, will be free of any viruses or other harmful programs. As a visitor to and user of this Website, you must take full responsibility for any such problems in connection with your use of the Website.
While efforts have been made to ensure that the information on this Website are accurate and up-to-date, FERTILYSIS does not warrant that the information accessible via this Website is accurate, complete, or current. This Website could contain typographical errors, technical inaccuracies, or other incorrect information. FERTILYSIS reserves the right to add to, change, or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice.
Additionally, this Website may contain information provided by third parties. FERTILYSIS makes no representation or warranty regarding the accuracy, truth, quality, suitability, or reliability of such information and are not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties. Furthermore, they do not ensure, guarantee, or otherwise protect you with regard to third party goods or services that are linked to or mentioned on the Website. You should conduct whatever search you believe is relevant and appropriate and take all necessary precautions, before proceeding with any business transaction with third parties.
THE CONTENTS OF THIS WEBSITE ARE PROVIDED “AS IS” AND FERTILYSIS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, COMPATIBILITY OF SOFTWARE PROGRAMS, OR NON-INFRINGEMENT. FERTILYSIS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. FERTILYSIS DOES NOT WARRANT THAT THE WEBSITE OR FERTILYSIS’ SERVICES WILL SATISFY ANY REQUIREMENTS OR NEEDS THAT YOU MAY HAVE.
Limitation of Liability
IN NO EVENT FERTILYSIS OR ANY OF THEIR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ECONOMIC DAMAGES ARISING OUT OF OR IN CONNECTION WITH BROWSING THIS WEBSITE OR ANY INFORMATION CONTAINED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR LOSS OF BUSINESS, LOSS OF CONTRACTS, LOST PROFITS, PECUNIARY LOSS, BUSINESS INTERRUPTION, USER’S ACCESS OR INABILITY TO ACCESS OR USE THE WEBSITE, VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, INVASION OF PRIVACY FROM OR THROUGH THE WEBSITE, OR LOSS OF BUSINESS INFORMATION. IN ANY EVENT, THE LIABILITY OF FERTILYSIS, UNDER ANY THEORY OF LIABILITY, WHETHER TORT, BREACH OF WARRANTY, BREACH OF CONTRACT, OR OTHER, WILL BE NO GREATER THAN ONE HUNDRED DOLLARS ($100).
Any cause of action or claim you may have concerning the Website or your use of it, must be commenced within one year from the time your claim or cause of action arises, regardless of when you did become aware of it, after which time any such claim is considered void.
You have sole responsibility for adequate protection and backup of your data or equipment used in connection with the Website, and you will not make any claim against FERTILYSIS for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the Website.
As a visitor to and user of this Website, you agree that all access and use of this Website and its contents are at your own risk.
ERTILYSIS does not ensure, guarantee, or otherwise protect you when it comes to third-party goods or services that you purchase and are linked to the Website, or mentioned in it. You should thoroughly conduct your search and take all necessary and appropriate precautions, before proceeding with any business transaction with third parties.
No Unlawful or Prohibited Use
You will not use the Website for any purpose that is unlawful, criminal, or in violation of the rights of anyone. You will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
While FERTILYSIS welcomes comments and feedback regarding this Website and its services, it is under no obligation to respond to all pieces of correspondence received through this Website or by e-mail, to maintain submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. FERTILYSIS does not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this Website or by e-mail. All unsolicited comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to FERTILYSIS through this Website, by e-mail, or by any other means, shall become and remain the property of FERTILYSIS. Any such submission by you is a declaration of the full release of all proprietary claims and intellectual rights regarding your submission. FERTILYSIS, therefore, is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to FERTILYSIS for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.
FERTILYSIS permits third party sites to link to the Website, but only in accordance with these terms and conditions:
Links may be text-based using the words: “FERTILYSIS”. You may not use the FERTILYSIS logo or any other trademark as a link to the Website. You may not create frames around the Website or use other techniques that alter in any way the visual presentation or appearance of the Website. You must not misrepresent your relationship with FERTILYSIS or present false or misleading impressions about FERTILYSIS. No links to the Website may be used in a manner that implies or suggests that FERTILYSIS approve or endorse you, your website, or your goods and services. FERTILYSIS shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend FERTILYSIS against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third party rights. FERTILYSIS reserve the right at any time and in its sole discretion to demand that you remove all links or any particular link to the Website, from your website and you agree to comply with such demand.
As this Website may contain links to other websites operated by third-parties (“Linked Sites”), it must be made abundantly clear that such Linked Sites are not under the control of FERTILYSIS. FERTILYSIS has not reviewed, approved, corrected, or updated the content of any Linked Site and are not responsible for the content of any Linked Site. Your access or use of any Linked Site is at your own risk. We shall have no liability or responsibility for any information published on Linked Sites. FERTILYSIS provides these links only as a convenience and, unless explicitly stated otherwise, does not monitor, endorse, warrant, or make any representations with respect to Linked Sites.
While interacting with the Website, you may choose to communicate electronically with FERTILYSIS by email, text messaging, instant messaging, video calling service (e.g., FaceTime, Skype), or other electronic means. Any electronic communication that you exchange with FERTILYSIS may be recorded and stored, as it deems, in its sole discretion, to be appropriate for customer service, quality control, record-keeping, or other business purposes. By choosing to communicate electronically with FERTILYSIS you unconditionally and irrevocably consent to the recording and storing of those communications.
If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In that event, Terms will be construed as if such invalid, illegal, or unenforceable provisions had never been part of the Terms, with the remainder being in full force and effect.
You will indemnify, defend, and hold FERTILYSIS harmless from and against any and all claims, demands, causes of action, losses, expenses, damages, and costs, including without limitation any reasonable attorneys' fees, resulting from, arising out of, or relating to your use of the Website, any activity, information, or material that you submit or transmit to the Website, or your violation or breach of these Terms.
These Terms represent the entire agreement between you, FERTILYSIS with respect to the use of the Website, and all other prior agreements, covenants, promises and conditions, verbal or written, between you and both the aforementioned companies, are superseded and incorporated by these Terms.
These Terms will be governed by and construed in accordance with the laws of Greece. FERTILYSIS makes no representations that the Website is appropriate or available for use in all locations. If you access the Website from locations outside Greece, you acknowledge and agree that you do so on your own initiative and that you are responsible for compliance with applicable local laws. The software, technology, and other information made available through the Website are subject to Greece export controls, and may also be subject to the import laws of your jurisdiction.
Any controversy or claim arising out of, or relating to, these Terms, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial arbitration rules, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Athens, Greece and fall under Jurisdiction of Greek Courts. Any and all legal accounting and other costs and expenses incurred by the prevailing party shall burden the non-prevailing party.
a. Placing an Order. First of all, in order for you to place a order, you are required to create a user account. Through this account you can fill the order form available on the Website. You must provide us with your contact and financial information, that will be used for processing tour submission and for billing purposes. After you finalise and place your order, we will review the information you provided for validity, by verifying your method of payment, billing, and/or shipping address. Orders may not be accepted for delivery to certain addresses and territories based upon your location. We may contact you (via email or phone) if additional information is required to process your order. Invalid or false order information may result in delays processing your order. When you place an order to purchase services from FERTILYSIS, we will send you a confirming notice of receiving your order, that includes the details you have given us (the "Order Confirmation"). The Order Confirmation is acknowledgement that we have received your order, and does not constitute FERTILYSIS' acceptance of your order. Without prior notification, FERTILYSIS maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason. FERTILYSIS reserve the right not to sell services to resellers, dealers, or distributors. If your order is cancelled, we will attempt to notify you using the email address you have given us with the order.
b. No Sales to Minors. FERTILYSIS do not sell their Services for or to minors, only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Services only with involvement and consent of a parent or legal guardian. If you are a resident of a country that considers an older age for adulthood ( such as 21, for example ), you should contact us first, stating that age difference and await for our response.
c. Payment Methods. We accept various payment methods for Product purchases through our website and email, including Mastercard, Visa, and American Express. We will charge your credit card with the amount of purchase, when you place an order for our Services. FERTILYSIS will not proceed with any Services order, without authorization validation of your purchase from your payment method.
d. Shipping. Our Products will be delivered to you, by a shipping method of our choice and shall be delivered to your shipping address. We cannot fully guarantee the services of any shipping service, and delivery dates and times may fall out of schedule We will, however, make our best to ensure that the Products will be delivered to you, as soon as possible, after you place your order. During busy times, such as holiday terms and periods of inclement weather, there may be additional processing and shipping delays. You agree to not hold FERTILYSIS liable for such shipping issues. Most package carriers have a short time frame in which to initiate claims, so if there is a delay, contact the delivery service immediately to resolve any problems. At our discretion, we may choose to halt, or alter the delivery of an order, even though it is in the hands of a delivery agent or shipping company, for good reason or in cases where fraud is suspected. You agree to pay any additional expenses that may occur under these circumstances. FERTILYSIS will provide refunds for Products purchased through the Service solely in accordance with our Return Policy.
On the other hand, when you send us your sample, you will and must use specific shipping methods that are outlined by International Laws in such instances, details of which will be given to you at the time of your purchase. Our guidelines and suggestions should be seriously taken into account, and you are required and expected to proceed with the shipment of your sample in a proper and legal manner, in order to have your sample tested. In case of non-compliance with the above requirements, we preserve the right to refuse your shipment and cancel your order.
Risks and Considerations Regarding FERTILYSIS Services
Once you obtain your Tests Results from FERTILYSIS the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as FERTILYSIS research advances, will be welcome or positive. You should also understand that as research advances, in order for you to have full knowledge of your sample data results in the context of such advances, you may need to obtain further services from FERTILYSIS or from your physician or other health care provider. You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or. These outcomes could have social, legal, or economic implications. The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample, if your sample does not contain a sufficient material, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, FERTILYSIS will reprocess the same sample at no charge to you. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as "Errors"). As this possibility is known in advance, users are not entitled to refunds where these Errors occur. You should not change your health behaviors solely on the basis of information from FERTILYSIS. Make sure to discuss your Test Results with a physician or other health care provider before you act upon your Test Results or other information that we provide.
The Services are not intended to be used by you for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health. FERTILYSIS does not recommend or endorse any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website.
Reliance on any information provided by FERTILYSIS, FERTILYSIS employees, others appearing on our website at the invitation of FERTILYSIS, or other visitors to our website is solely at your own risk.
User Representations and Agreement
By accessing FERTILYSIS Services, you agree to the following:
a. You understand that information you learn from FERTILYSIS is not designed to diagnose, prevent, or treat any condition or disease or to ascertain the state of your health and that you understand that the FERTILYSIS services are intended for research, informational, and educational purposes only. You acknowledge that FERTILYSIS urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Test Results;
b. You give permission to FERTILYSIS, its contractors, successors and assignees to perform genotyping and other analytical services on the data extracted from your sample and you specifically request FERTILYSIS to disclose the results of analyses performed on your samples to you and to others you specifically authorize;
c. You are eighteen (18) years of age or older if you are providing a sample or accessing your Tests Results, or if you are submitting a sample or accessing Test Results of another person, you represent that you have the right to do so; If you are a resident of a country that considers an older age for adulthood ( such as 21, for example ), you should contact us first, stating that age difference and await for our response;
d. Any sample you provide is of the person, type and place specified in your kit or otherwise by FERTILYSIS; if you are agreeing to these Terms on behalf of a person for whom you have legal authorization, you clearly state and accept that the sample provided will be the sample of that person;
e. When you are in the process of receiving/extracting your sample, in order to ship it to us and have your results, you must be very careful about how you proceed. You will be informed by us, upon completion of your order, on what conditions this should happen, as in certain cases, an authorized person might be needed to help in the procedure. You are required and expected to receive your sample, in a proper and legal manner, in order to have it tested, as FERTILYSIS will retain the right to refuse the sample in case of non-compliance with the guidelines given and cancel your order.
f. If you are a customer outside Greece providing a sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside;
g. Any sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside;
h. You are not an insurance company or an employer attempting to obtain information about an insured person or an employee;
i. You are aware that some of the information you receive may provoke strong emotion;
k. By ordering our tests or services you acknowledge that the sample collection equipment such as the "fertility kit" box, will arrive at your specified address and be delivered according to your instructions. The sample collection equipment box will not be unmarked or covered in any way with the purpose of hiding its logos, purpose and use. It may clearly show logos, pictures and text in plain view including words such as "fertility", chlamydia etc It is your responsibility to choose the recipient and to specify the arrival address.