Terms & Conditions | OvuSense Fertility and Ovulation Monitor

DEFINITIONS

In these Terms & Conditions the following expressions shall have the following meanings:

1. 'the Company' means Fertility Focus Ltd;
2. 'Goods' means the articles described in the Contract;
3. 'the Buyer' means the person or company who makes the Contract with the Company, whether directly or indirectly;
4. unless otherwise stated 'Company's Premises' means the Company's offices at Unit 19D, University of Warwick Science Park, Warwick Innovation Centre, Warwick Technology Park, Gallows Hills, Warwick CV34 6UW, United Kingdom;
5. 'the Contract' means the items sold via the 'Cart' on the Company Websites, these Conditions of Sale, and any other written document where an agreed price has been paid by the Buyer;
6. 'Company Websites' means www.ovusense.com or www.fertility-focus.com;
7. 'Countries' means the countries from which orders for Goods can be placed and to which orders can be shipped, as identified in Schedule 1 of these terms and conditions.

GENERAL

1. The Buyer understands that by ordering the Goods, they agree to be bound by these terms and conditions.
2. These conditions shall be deemed to be incorporated in all contracts of the Company to sell Goods. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract the other conditions shall continue in full force and effect.
3. The information provided on the Company Websites is for information purposes only and is not a substitute for professional medical advice. Such advice should always be sought prior to the personal use of the Goods, or in the case of concerns regarding the use of the Goods. Fertility Focus Ltd is not responsible or liable, directly or indirectly for any form of damages whatsoever resulting from the use, misuse or reliance on information contained in or implied by information on its websites or information obtained from Goods.
4. The Buyer understands that the temperature data ('Results') stored in the OvuSense App are uploaded in an encrypted format and stored in a secure database. The Buyer understands that the Results will be held separately from the billing and shipping address, and any payment details, but for the purposes of identification may contain user information such as email address, sensor serial number and licence code. The Company will store the Results indefinitely, but reserves the right to archive data in the future for Buyers that have been inactive for more than (10) ten years. The Buyer agrees that the Results can be used by the Company for the purposes of scientific research or product development, but that they will remain anonymous in any materials shared outside of the Company.
5. The Buyer understands that in the case of the OvuSense Reader used with OvuSense 'classic' product, if returned to the company for whatever reason, the temperature and other data ('Results') stored on the OvuSense Reader may be downloaded from the Reader once returned and be held in a fully anonymous format so they cannot be traced to the original user. The Buyer understands that the Results can be used by the Company for research and other purposes.
6. The OvuSense App has functionality allowing the Buyer to share their charts and message information ('Shared Information') with other parties ('Viewers') by sending them an invitation email from the OvuSense App. The Buyer understands that the sharing of this information is entirely at the Buyer's discretion and the Company shall bear no responsibility for such Shared Information howsoever it is interpreted or used by the Viewers. The Buyer understands that by sending an invitation to a Viewer, the Viewer shall on acceptance of the invitation also become bound by these Terms and Conditions.
7. The Company and its authorised distributors acting on its behalf reserve the right to alter product specifications at any time after initial delivery without prior notice to the Buyer. Where practicable the Company will offer an alternative product with the same or enhanced functionality.

ORDERS

1. All orders shall be confirmed in 'writing' either by direct action on the company websites, or by confirmation email.
2. No quotation shall be binding on the Company until the price is paid in full by the Buyer, and the order is confirmed in writing by the Company.
3. The payment process is managed for the Company by PayPal, a well known secure payment gateway. So the Buyer can be assured that it is safe to use. The Buyer can choose to pay directly through their PayPal account, or by using a debit or credit card through Paypal.
4. By signing up for an OvuSense Monthly Subscription on the Company Websites the Buyer understands that they are agreeing to purchase the Subscription each month in perpetuity until the Subscription is cancelled. It remains the responsibility of the Buyer to cancel a Subscription before each monthly becomes due if they wish to stop using OvuSense. In exceptional circumstances the Company and at the request of the Buyer only the Company may cancel a Subscription on behalf of a Buyer.
5. By signing up for an OvuSense Annual Subscription on the Company Websites the Buyer understands that they are agreeing to purchase a Subscription which shall last 360 consecutive days from the point of the order. The Buyer shall not be able to suspend usage or take a usage 'holiday' at any point during the 360 day period. Nor shall the Buyer be entitled to any refund or part refund for unused months.
6. The Buyer shall retain ownership of all Results, and the ability to view past data in the OvuSense App even if they have cancelled a Subscription. It is the Buyer's responsibility to maintain the current version of the OvuSense App, and in the case of changing mobile device to load the data onto the new device by means of downloading the current version of the OvuSense App and logging in with prior user details.
7. The Buyer understands that once a Subscription is cancelled it cannot be restarted. If a Buyer wishes to continue using OvuSense, or restart using OvuSense after a break, they will then need to separately purchase a New Subscription, which will result in the issuing of a New Licence Code to be used with the OvuSense App. Prior data will be retained by the OvuSense App and new data started from the first date of payment of the New Subscription.

PRICES

1. The price payable for Goods shall, be as displayed on the Company Websites or otherwise agreed in writing at the time of purchase.
2. All prices for the OvuSense product, unless otherwise stated include Value Added Tax charged at the appropriate rate and carriage. All prices for the FertiloScope product exclude Value Added Tax or other sales tax and carriage, which will be added to the invoice charge at the appropriate rate.
3. The Company reserves the right to adjust prices.

TERMS OF PAYMENT

1. Unless otherwise stated by the Company in writing and recorded on the Company’s acknowledgement of order, payment shall be made in advance for all Goods save that payment shall become due in any event forthwith upon the occurrence of any of the events referred to in Condition 13 hereof.
2. Without prejudice to any other rights it may have, the Company is entitled to charge interest at 2% above the then Current Base Rate of HSBC plc on overdue payments of the price of the Goods.

DELIVERY

1. All times or dates given for delivery of the goods are given in good faith. Time of delivery should not be of the essence of any Contract nor shall the Company be under any liability for any delay beyond the Company’s control.
2. Delivery of the Goods shall be limited to Buyer’s who are over the age of 18, legally able to enter into the Contract, resident in, and (where applicable) accessing the Company Websites from one of the Countries listed in the Schedule 1 of these terms and conditions.
3. Where the Goods are handed to a carrier for carriage to the Buyer or the United Kingdom port for export any such carrier shall be deemed to be an agent of the Company and not of the Buyer for the purposes of Sections 44, 45, and 46 of the Sale of Goods Act 1979.
4. The Buyer agrees that Section 32(3) of the Sale of Goods Act 1979 shall not apply to Goods sent by the Company.
5. All claims for loss due to damage in transit or non-delivery must be notified in writing by the Buyer to the Company: (a) within seven days of the actual delivery date for damage or (b) within ten days of the date of the invoice for non-delivery.
6. In the event of a valid claim for loss due to damage, non-delivery or non-compliance with the Contract, the Company shall choose to either repair or replace the Goods at its expense, but shall not be under any further liability.
7. If the Buyer fails to give notice in accordance with the condition above, the Goods shall be deemed to be in all respects in accordance with the Contract.

ORDERING & CONTRACTS COMPANY WEBSITES

• Some Goods can be ordered using the 'Cart' mechanism on the Company Websites. The Contract is formed by the following steps. The Buyer fills the 'Cart' with the required items and continues to the appropriate payment screen. The Buyer then enters payment details on the payment screen. An order acknowledgement is sent to the Buyer via email. Once the payment has been received and the order accepted, the Goods will be dispatched, at which point the Contract shall be deemed to be in place.

CONSUMER RIGHTS & RETURNS POLICY

1. The Buyer should retain the original packaging in which the Goods are shipped. All returns for whatever reason should be made in the original packaging. In the case of a Contract cancellation, Goods must be unopened.
2. Goods supplied via the Company Websites are subject to certain consumer rights. The Buyer may cancel a Contract at any time within seven working days, starting on the day after the Buyer receives the Products.
3. To cancel a Contract, or to arrange a return for any other reason, arrangement for return of goods must be made in writing through the company email address: info@ovusense.com. The Buyer should request an appropriate Return Materials Authorisation (RMA) number.
4. A return can be made under the OvuSense Ovulation Promise; read more...
5. The Buyer shall then either arrange for immediate return of the Goods to the Company’s Premises at their own expense, or an appropriate collection will be arranged by the Company with the collection fee charged to the Buyer at cost. The cost of the Goods and where appropriate the cost of return carriage shall be fully refunded to the Buyer upon confirmation of receipt of the Goods at the Company’s Premises deemed to be in an appropriate condition, and following appropriate data checks.
6. Refunds wherever practicable shall be made using the original method of payment.
7. Note: it shall be at the sole discretion of the Company whether it chooses to accept returns of opened or partially opened Goods.

PASSING OF TITLE AND RISK

1. The Goods shall remain the property of the Company until all payments under the Contract have been made in full and unconditionally. Once all payments are made and from the time of delivery the Goods shall become the property of the Buyer.
2. In event of failure to pay the price in accordance with the Contract, the Company shall have power to resell the Goods.

CONDITIONS AND WARRANTIES

1. The Contract shall not constitute a sale by description or sample.
2. Any conditions or warranties (whether express or implied by statute common law or arising from conduct or a previous course of dealing or trade custom or usage) as to the quality of the Goods, their fitness for any particular purpose, or correspondence with any description or sample are hereby expressly negatived.

DEFECTIVE GOODS

1. In respect of Goods supplied by the Company under a Contract, the Company undertakes that if within twelve months of delivery a defect occurs under proper use (with the exception of wear and tear) it will at its own discretion, repair or replace them. The Buyer shall inform the Company within seven days of such a defect occurring.
2. Nothing herein shall impose any liability on the Company in respect of any defect in the Goods arising out of the acts, omissions, negligence or default of the Buyer including any failure by the Buyer to comply with any recommendations of the Company as to storage and use of the Goods.

CONSEQUENTIAL LOSS

• The Company shall not be liable for any loss or accidental damage of the OvuSense Sensor and/ or OvuSense NFC Reader.
• The Company shall not be liable for any costs claims or damages or expenses arising out of any act of tort or omission or any breach of contract or statutory duty calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals by reference to accrual of such costs, claims, damages or expenses on a time basis.

DEFAULT ON INSOLVENCY OF THE BUYER

• If the Buyer shall be in breach of any of its obligations under the Contract or if any distress or execution shall be levied on the Buyer’s property or assets or if the Buyer shall make or offer to make any arrangement or composition with his creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against him or (if the Buyer is a company) if any Resolution or Petition to wind up such company shall be passed or presented or if a Receiver of the whole or any part of such company’s undertaking property or assets shall be appointed, the Company in its discretion and without prejudice to any other right or claim may by notice in writing determine wholly or in part any and every contract between the Company and the Buyer or may (without prejudice to the Company’ s right subsequently to determine the contract for the same cause should it so decide) by notice in writing delivery of Goods or cancel a Subscription until any defaults of the Buyer be remedied.

LIMITATION OF LIABILITY

• The liability of the Company to the Buyer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the Goods.

REPRESENTATIONS

• No statement description information warranty condition or recommendation contained in any catalogue price list advertisement or communication or made verbally by any of the agents or employees of the Company shall be construed to enlarge, vary or override in any way any of these conditions.

FORCE MAJEURE

• The Company shall be entitled to delay or cancel delivery or to reduce the amount or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including but not limited to strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal source of supply.

HEADINGS

• The headings in these Terms & Conditions are intended for reference only and shall not affect their construction.

PROPER LAW

• The Contract shall in all respects be governed by English Law and shall be deemed to have been made in England and the Buyer and the Company agree to submit to the non-exclusive jurisdiction of the English Courts.

SCHEDULE 1 – COUNTRIES

• The OvuSense product can currently be ordered directly from and shipped to the following jurisdictions: Bulgaria, Denmark, Greece, Ireland, Latvia, Malta, Netherlands, United Kingdom and United States of America. For all other countries please enquire by sending an email to info@ovusense.com
• The FertiloScope product can only be ordered via an authorised distributor of Fertility Focus Ltd. Please enquire by sending an email to info@ovusense.com