Terms & Conditions
Please read these Terms and Conditions carefully before accepting them in the order process. Your attention is drawn in particular to the Consumer Rights and Returns Policy.
In these Terms & Conditions the following expressions shall have the following meanings:
- 'the Company' means Fertility Focus Inc.;
- 'Goods' means the articles described in the Contract;
- 'the Buyer' means the person or company who makes the Contract with the Company, whether directly or indirectly;
- unless otherwise stated 'Company's Premises' means the Company's offices at 823 Boston Post Road, Suite F, Old Saybrook, CT 06475, United States of America;
- '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;
- 'Company Websites' means www.ovusense.com or www.fertility-focus.com;
- '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.
As the Buyer, you agree to be bound by these terms and conditions and understand:
- The accessories and contents of the packaging, other than the form and function of the OvuFirst and/ or OvuCore Sensor, are subject to change from time to time; and that the accessories may vary from those shown on the website at the time of order. 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. Where practicable the Company will offer an alternative product with the same or enhanced functionality.
- 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 and Fertility Focus Inc. are 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.
- The OvuSense App, safety instructions, and user instructions are currently available in following languages EN English; FR Français; DA Dansk; DE Deutsch; ES Español; FI Suomi; IT Italian; NL Nederlands; NO Norsk; PT Portuguesa; SV Svenska. It is your responsibility to download the OvuSense App from the most relevant local app store to ensure access to your language of choice, and by doing so you agree that you have sufficient understanding of the language to enable correct and safe use of the OvuSense App and OvuCore or OvuFirst sensor as instructed.
- These conditions apply to all purchases of Goods from the Company. If in any particular case any of these conditions shall be held to be invalid or shall not apply the other conditions shall continue in full force and effect.
DATA AND RESULTS
As the Buyer:
- You understand that the temperature data ('Results') stored in the OvuSense App are uploaded in an encrypted format and stored in a secure database. 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 your OvuSense login email address and sensor serial number. 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.
- You agree that the Results can be used by the Company for the purposes of scientific research or product development, but understand that they will remain anonymous in any materials shared outside of the Company.
- You understand that from time to time, the Company will send out customer and research surveys which shall be answered by you on a voluntary basis. Where the survey forms part of an approved clinical study you will be informed appropriately. You understand that the Answers from these surveys will be held separately from the billing and shipping address, and any payment details, but for the purposes of identification may contain information such as your OvuSense login email address and sensor serial number. The Company will store the Answers indefinitely, but reserves the right to archive data in the future for Buyers that have been inactive for more than (10) ten years. You agree that the Answers from these surveys can be used by the Company for the purposes of scientific research or product development, but understand that they will remain anonymous in any materials shared outside of the Company.
- You have the "right to be forgotten fill out the support form on the OvuSense website, stating which information is to be removed.
- The OvuSense App has functionality allowing you to share your charts and message information ('Shared Information') with other parties ('Viewers') by sending them an invitation email from your OvuSense App. You understand that the sharing of this information is entirely at your discretion and the Company shall bear no responsibility for such Shared Information however it is interpreted or used by the Viewers. The Buyer understands that by sending an invitation to a Viewer, the Viewer shall also be bound by these Terms and Conditions once they accept the invitation.
ORDERS AND PRICING
- All orders shall be confirmed in 'writing' either by direct action on the company websites, or by confirmation email.
- No price or 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. The Company reserves the right to adjust pricing, and offer or alter discount and coupon codes as it wishes. The price paid at the time of order is final, and no discount or coupon code can be retrospectively applied to the price.
- All prices for the OvuSense product, unless otherwise stated, include carriage but exclude Sales Tax which will be charged at the appropriate rate for your shipping locality at final checkout.
- The payment process is managed for the Company by Braintree and PayPal, two well-known secure payment gateways. 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 Braintree.
- You understand if you have ordered a Starter Pack that the associated Subscription starts on the date of purchase unless notified otherwise as part of the ordering process, or unless the Starter Pack is purchased from an authorised 3rd party. An additional 7 days 'grace period' is provided on the end of each initial subscription ordered with an OvuSense Starter Pack to allow time for shipping, setup and reorder.
- By signing up for an OvuSense Monthly Subscription on the Company Websites you understand that they are agreeing to purchase the Subscription each month in perpetuity until the Subscription is cancelled. It is your responsibility to cancel a Subscription before each monthly payment becomes due if you wish to stop using OvuSense. No refund shall be owing in the case of Subscriptions that you fail to cancel.
- By signing up for an OvuSense Annual Subscription on the Company Websites you understand that you are agreeing to purchase a Subscription which shall last 365 consecutive days from the point of the order. You shall not be able to suspend usage or take a usage 'holiday' at any point during the 365 day period. Nor shall you be entitled to any refund or part refund for unused months.
- You shall retain ownership of all Results, and the ability to view past data in the OvuSense App even if you have cancelled a Subscription. It is your responsibility to make sure your OvuSense App is up to date. In the case of changing your mobile device you can load the data onto the new device by downloading the current version of the OvuSense App and logging in with your previous OvuSense login email address.
- You understand that once a Subscription is cancelled it cannot be restarted. If you wish to continue using OvuSense, or restart using OvuSense after a break, you will then need to separately purchase a New Subscription. Your previous data will be retained by the OvuSense App and new data can be uploaded from the date of payment of the New Subscription.
- You understand that for regulatory reasons the OvuCore and OvuFirst sensor each have a fixed 365 day life span from the date on which you first register your sensor in the OvuSense App. If you wish to continue using OvuSense beyond this initial 12 month period you will need to purchase an 'annual replacement' sensor for which the Company charges a small administration fee. You will need to make sure you have a current valid Subscription to continue use. Contact our dedicated support team to arrange for a 'annual replacement' sensor, by completing the support form here
- You understand that the OvuSense product is a class II regulated medical device, and as a user of the device you are therefore strictly forbidden by law from selling, reselling or sharing your OvuCore or OvuFirst sensor with another party, whether the Starter Pack is opened or not.
- 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.
- Delivery of the Goods shall be limited to Buyers 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.
- All claims for loss due to damage in transit or non-delivery must be notified in writing by you 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.
- 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.
- If you fail to give notice in accordance with the condition above, the Goods shall be deemed to be in all respects in accordance with the Contract.
- 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
- OvuSense is a regulated medical device, therefore your OvuCore or OvuFirst starter pack cannot be returned for a refund unless it is unopened. Please consider this if you're unsure about purchasing OvuSense at this time. All requests for refunds under this policy must be made within 15 days of the date of delivery.
Return requests for unopened product except for those under the ovulation guarantee will incur a charge netted off against any money refunded as follows.
- US - US$65.00
- Canada - CA$100.00
- To initiate a return, please contact our dedicated support team by filling out the support form to obtain a Returns Authorisation Number and details on how to return your product to us. Returns not authorized by OvuSense will not be accepted.
- All refunds requested under the OvuSense Ovulation Promise must be made within 5 days of the end of the first 90 days of use, and these Terms and Conditions incorporate the conditions of that guarantee: please read more here...
- Refunds wherever practicable shall be made using the original method of payment.
PASSING OF TITLE AND RISK
- 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.
- In event of failure to pay the price in accordance with the Contract, the Company shall have power not to ship and to resell the Goods.
CONDITIONS AND WARRANTIES
- The Contract shall not constitute a sale by description or sample.
- 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.
- The Company undertakes that if within the 12 month lifespan of the OvuCore or OvuFirst sensor a fault occurs under proper use (with the exception of wear and tear, or accidental damage) it will at its own discretion replace the sensor. If you believe you have a sensor fault you must contact support within 5 days of it occurring by filling out the support form. The Company shall not be under any obligation to refund the Buyer if the Buyer refuses to try a replacement sensor.
- Nothing in this wording 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.
LIMITATION OF LIABILITY
- The Company shall not be liable for any loss or accidental damage of the OvuCore or OvuFurst 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.
- 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.
- 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.
- 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.
- The headings in these Terms & Conditions are intended for reference only and shall not affect their construction.
- 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: United States of America, Canada, United Kingdom, Australia, Europe (Andorra, Austria, Belgium, Denmark, Finland, France, Germany, Gibraltar, Greenland, Ireland, Italy, Liechstenstein, Malta, Monaco, Netherlands, San Marino, Spain, Sweden, Switzerland). For all other countries please fill out the support form
- The FertiloScope product has been discontinued. If you have any enquiries please contact: [email protected]