Terms and conditions
This is the current version of our terms and conditions for ‘CREATE Fertility’ and was last revised on 9th August 2022. You can access these terms at any time at www.createfertility.co.uk/legal.
The terms and conditions apply to Services provided at our clinics in the United Kingdom.
Please note that no provider of fertility treatment services is able to guarantee a successful outcome or an absence of complications. Accordingly, we are unable to give a commitment that any fertility treatment you undertake will lead to a pregnancy and/or will be without complications.
- 1.1 These are the terms and conditions on which we supply the Services to you.
- 1.2 “We” are CREATE Fertility as described in clause 2.1 below. “You” are the person or persons as identified in clause 2.2 below.
- 1.4 Please read these terms carefully before you submit your request for Services to us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- 1.5 Definitions. For ease of reference the following terms have these meanings in the terms:
"Booking" is a booking made by you for a consultation with a member of our Staff
“Consent Forms for Treatment” are the forms you are required to sign to confirm consent to Treatment
“Costs” are the prices of our Services which you agree to pay by entering into a contract with us
“Diagnostic Tests” are the tests you must have completed in order to attend an initial Booking or for any Treatment
“Financial Consent Form” is the form you need to sign to purchase Treatment from us
“Key Facts” is the document accessible via our Website which sets out the key facts of our Services
“Cancellation Fee” has the meaning given in section 6.3
“Costed Treatment Plan” is the plan agreed between you and us for Treatment
“Price Guide” is the guide to prices for our Services, as updated from time to time which is available on our Website
"Service" or "Services" refers to those CREATE Fertility services we provide to you including Bookings, Diagnostic Tests and Treatments
“Staff” means any member of our staff involved in providing Services, including doctors, nurses, embryologists and patient coordinators
“Treatment” is the treatment we provide including fertility treatments, fertility testing, fertility preservation and donor treatments as described on our Website and in our contract with you
“Treatment Continuation Services” are services which are not included in your Costed Treatment Plan but which you subsequently purchase
“Website” is the website at which you can access these terms at any time at www.createfertility.co.uk.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- 2.1 Who we are: We are Create Health Limited (trading as ‘Create Fertility’), a company incorporated and registered in England and Wales. Our company registration number is 04103133 and our registered office is Dunstan House, 14a St Cross Street, London, EC1N 8XA.
- 2.2 Who you are: You are the person(s) accessing our Services in accordance with these terms for yourself and/or for another person such as a partner.
- 2.3 Your authority and capacity: You confirm that you have the right, authority and capacity to enter into these terms. If you do not agree with all of the provisions of these terms, do not access our Services.
- 2.4 How to contact us: You can contact us by telephoning us at the numbers set out on our Website or via the form on our Website. When you are accessing our Services you will receive additional information about contacting us.
- 2.5 How we may contact you: If we have to contact you we will do so by telephone or text message or by writing to you at the email address or postal address you provided to us in your request for Services. Separate contact details must be provided for yourself and anyone on whose behalf you are accessing the Services, including a partner.
- 2.6 Keeping us up to date: You are responsible for providing us with current contact details for yourself and anyone on whose behalf you are accessing the Services including postal address, e-mail address and phone number. In the event that the last e-mail address provided to us is not valid, or for any reason is not capable of delivering to you the information included in the e-mail, our dispatch of the e-mail containing such information will nonetheless constitute effective notice of the information included in the notice. We will always make reasonable efforts to contact you and/or the person on whose behalf you are accessing the services.
- 2.7 "Writing" includes emails and text message. When we use the words "writing" or "written" in these terms, this includes emails and texts.
- HOW TO USE OUR SERVICES
- 3.1 We provide a range of different Services, as described in this section 3.
- 3.2 Information we need from you: You will need to provide us with certain information for us to provide the Services. From time to time, depending on the Services we are providing you, we may ask you to provide us with some or all of the information again or confirm that none of the information you supplied previously has changed. Information we need from you includes:
- 3.2.1 Certain personal information about you and anyone on whose behalf you are accessing the Services; and
- 3.2.2 Confirmation that you and anyone on whose behalf you are accessing the Services meet the medical criteria required to use the relevant Services. The criteria are set out in our booking process. If you do not meet the criteria we will advise you on treatment options.
- 3.3 Information we will provide you with before you enter into a contract with us: We will provide you with information about the Services you want us to provide and Costs so that you can decide whether to proceed. Information about our Services is available on our Website and in the information we send you for the purposes of your Treatment (including our quote and your Costed Treatment Plan).
- 3.4 How we contract with each other: We need to enter into a contract with you and this takes place as follows:
- 3.4.1 The first stage of assessing and diagnosing what treatment you may need is an advanced baseline scan and/ or an initial consultation. By making a Booking and making payment for this Service you are making an offer to purchase the Service. Your offer will only be accepted by us and a contract formed when we have successfully verified the information described in 3.2 above and we have confirmed your Booking by email. We will require a repeat advanced baseline scan if 3 months has elapsed from the first advanced baseline scan, which will incur an additional charge;
- 3.4.2 After your advanced baseline scan and/ or initial consultation, if you require fertility treatment, you will need to make a Booking for a consultation with a member of our Staff to discuss your Treatment. We will send you a Costed Treatment Plan which includes information on Costs. We will also give you access to review, complete and sign all relevant Consent Forms for Treatment. If you are happy to proceed you will need to sign these Consent Forms and make payment for the agreed Treatment. By making payment for the Services set out in your Costed Treatment Plan you are making an offer to us to purchase Treatment. Your offer will only be accepted by us and a contract formed when the first specified payment for the Costs for your Treatment has been made. You will be informed of the amount of the first specified payment that is applicable to your Treatment.
- 3.4.3 Any treatments, techniques or tests which are not set out in your Costed Treatment Plan will need to be paid for separately. Following discussion with our staff, these will need to be paid for in advance in accordance with Clause 10 ‘Prices and Payment’ of this document. By making payment you are making an offer to purchase these additional Treatment Continuation Services. Your offer will only be accepted by us and a contract formed when we have accepted the payment.
- 3.5 Contracts must be entered into by you and/or your partner as applicable.
- 3.6 Changes to our contract: If any of the information we supply you with changes then, except in the circumstances set out in sections 6 and 7, we will contact you and ask you to confirm you agree to the changes before we continue to provide you with Services.
- 3.7 Our right to refuse to enter a contract with you: We reserve the right to reject any offer to purchase the Services at our discretion, for any or no reason. If we are unable to accept your offer for Services for any reason, we will inform you of this and will not charge you and if applicable will refund you for Services you have not received, in accordance with section 6.
- 3.8 Additional terms: the following terms apply:
- 3.8.1 Diagnostic Tests: If we advise you that you need any Diagnostic Tests you will be offered the opportunity to arrange Diagnostic Tests at one of our clinics or at one of our recommended partners’ clinics.
- 3.8.2 Time limits: Certain treatments have suggested time limits for when treatment must be completed. 3 and 6 cycle packages should ideally be completed within 12 months of first egg collection. If there are clinical indications or you express a preference that you would like to extend this time frame, this will be assessed on a case by case basis and you will not incur any extra costs if we agree to extend the time frame.
- 3.8.3 Consent: You will need to consent to your chosen Treatment(s) by agreeing to the terms of the relevant Consent Forms for Treatment prior to the start of any Treatment. You must provide your consent if you agree with the consent statements and understand them. You should not provide your consent until any questions that you may have are answered to your satisfaction. You may withdraw your consent after you give it by giving us reasonable notice/confirmation in writing of the withdrawal of your consent. You cannot withdraw your consent after your gametes and/or embryos have been used in Treatment.
- 3.8.4 Resubmitting consents: Please note that we may ask you to resubmit the Financial Consent Form and Consent Forms for Treatment if there is a significant time period between Treatments.
- 3.8.5 NHS patients: If you are an NHS funded patient these terms apply, excluding clause 10. All terms apply when you buy extra Treatment on top of your free NHS funded treatment.
- YOUR OBLIGATIONS TO US
- 4.1 It is your obligation to ensure that the information you provide us with to use our Service is correct.
- 4.2 You must always provide us with full, true and accurate information and correct any information already provided that later becomes or is found to be incomplete, untrue and/or inaccurate.
- 4.3 If you do not or cannot provide us with the information we need as described above we may not be able to provide the Services to you and you may be subject to a cancellation charge. We will not be responsible for providing the Services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. The same applies if we discover that the information you have provided is incorrect or misleading.
- 4.4 You must inform us without delay of any change in your personal circumstances that may be relevant to your treatment and/or to the consent given by you or a partner or any other person on whose behalf you are accessing these services.
- 4.5 You must inform us of any change in your address and/or contact details. If we are unable to contact you in order to take your instructions and/or seek payment we may not be able to provide you with Services.
- 4.6 In relation to our frozen storage Services:
- 4.6.1 If we are unable to contact you in order to take your instructions and/or seek payment for frozen storage in accordance with our Price Guide, we may need to discard any samples you store with us.
- 4.6.2 We will attempt to make contact initially via telephone and email. If we are unsuccessful or do not receive instruction, we will send a letter via registered post to the address we have on file. If we are still unable to contact you after multiple attempts to take payment this may lead to your samples being discarded. It is therefore very important that you inform us immediately of any change in your contact details, including email address, postal address and telephone number and do not ignore any request for payments.
- 4.7 Unless we agree with you in writing to the contrary, you and your partner on whose behalf you are acting and who has entered into a contract with us in accordance with the process set out in section 3.4 will be jointly and severally liable for any monies owing to us in relation to that treatment. This means that we may seek payment from either of you.
- 4.8 You must comply will all laws applicable in the UK or any other location that you access the Services from. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal regulations or, if applicable, stop accessing and/or using the Service.
- OUR COMMITMENTS TO YOU
- 5.1 We will perform the Services with all reasonable skill and care using our Staff.
- 5.2 We confirm that our medical and other Staff have all relevant qualifications and registrations where required and in accordance with HFEA requirements.
- 5.3 Whilst we make reasonable efforts to ensure that appointments run to time and in order to provide continuity of service, we cannot guarantee that appointments will not be delayed or that you will see the same member of Staff on every visit.
- YOUR RIGHTS TO CANCEL
- 6.1 Waiver of Cooling-Off Period: The law normally allows a contract made by website or over the phone to be cancelled by you within 14 days (the Cooling-Off Period). The exception to this is where you make an express request to us to provide the services to you in that period and the full services are carried out. By receiving any services, you acknowledge that you are making such an express request because we will perform our obligations in providing services as soon as the request is made and therefore that the terms of this clause 6 apply. In the event that you receive only some of the services that were contractually agreed to, you will be entitled to a proportionate refund for services you have not received in accordance with clauses 6.4 and 6.5.
- 6.2 No waiver of Cooling-off Period: If you choose not to waive your statutory right in this way, you acknowledge that we will not perform the Services for you for the duration of the Cooling-Off Period.
- 6.3 Cancellations and refunds: You will be entitled to a refund where you cancel a Booking or Treatment, but in some circumstances we will be entitled to retain some fees from the advance payments you have made to us (“administration and support fee”). These circumstances are described in sections 6.4 to 6.7 below. We only retain fees to cover the reasonable costs and losses we have incurred by virtue of your decision not to proceed with a Booking or Treatment. The amount of administration and support fee will be set out in our Price Guide.
- 6.4 Cancellation charges and refunds for initial Bookings made in accordance with section 3.4.1: An initial Booking is made up of the baseline scan and the initial consultation. Subject to termination of the contract in accordance with section 8, and subject to section 7.5, once we have entered into a contract with you for the initial Booking then the following cancellation and refund terms will apply:
- 6.4.1 If you cancel or reschedule a baseline scan with more than 72 hours’ notice you will be entitled to a full refund of the Costs paid or be able to reschedule your appointment.
- 6.4.2 If you cancel or reschedule a baseline scan with less than 72 hours’ notice but there is more than 72 hours until your scheduled initial consultation, you will be entitled to a full refund of the costs paid less a Cancellation Fee of £200 to cover the cost of the baseline scan.
- 6.4.3 If you have had a baseline scan and cancel or reschedule your initial consultation with less than 72 hours’ notice, you will not be entitled to a refund.
- 6.4.4 If you do not attend a scheduled baseline scan or an initial consultation, you will not be entitled to a refund.
- 6.4.5 If you wish to reschedule the baseline scan, you may incur a charge to cover the difference in cost from your original consultation price (baseline scan and virtual consultation) and that of the new booking due to the fact that we use dynamic pricing which means that we adjust prices for appointments in response to our internal resources and capacity demands.
- 6.5 Cancellation charges and refunds for Treatment made in accordance with section 3.4.2: Subject to termination of the contract in accordance with section 8, and subject to section 7.5, once we have entered into a contract with you for Treatment then the cancellation and refund terms will apply:
- 6.5.1 Services are not refundable once performed and are otherwise subject to our terms and conditions relating to refunds and cancellations;
- 6.5.2 If treatment is cancelled after a Treatment Consultation has taken place, a charge of £500 will apply. This will be taken from fees paid for the cycle. If the fees for the cycle have not been settled then you will be required to pay the £500 on request.
- 6.5.3 In the event that a Treatment cycle is abandoned prior to egg collection/embryo transfer, an additional Cancellation Fee will be incurred of £250 per scan that has been completed. Any other Services rendered will also have to be settled in full;
- 6.5.4 In the event that no egg/eggs are collected at the egg collection, the cycle is considered completed and no refund will be issued;
- 6.5.5 In the event that no embryos created from any of the Treatment cycles are suitable for transfer or freezing, the cycle is considered completed and no refund will be issued;
- 6.5.6 In the event that a frozen embryo transfer (FET) cycle does not result in suitable embryos to transfer because the embryo(s) have not survived the thawing process, a refund of £400 will be issued;
- 6.5.7 Once we take payment for freezing and annual storage, we are unable to give a refund even if you decide to discard your samples part way through the year except in the circumstances described in 6.5.9 below.
- 6.5.8 Storage is charged annually from the date of freezing, except where you pay for ‘embryo freezing and storage’ outside a package (this is normally following a single IVF cycle). The ‘embryo freezing and storage’ includes two years of freezing. In this case you will be charged annually from the second anniversary of freezing. If you use or discard your embryos completely within 1 year of freezing and you have paid for the package that includes 2 years storage, then you will be entitled to a refund of £200.
- 6.5.9 3 Cycle packages - Should you decide to cancel your Treatment cycle package the following charges will apply. You will be refunded the difference of the remaining costs of the Treatment cycle package you have paid less the charges set out above:
- Cancellation prior to beginning treatment and after the treatment consultation has taken place, you will incur a £500 cancellation fee; or
- Cancellation after 1 cycle of treatment, you will incur the cost of one cycle of treatment at the full price of treatment.
- Cancellation after two cycles of treatment, you will incur the cost of two cycles of single cycle treatments at the full price.
- If an ICSI package is purchased and the cycle package is not completed you will be required to pay the difference between the discounted rate of each ICSI (set out in the Costed Treatment Plan) and the standard rate of ICSI cycle per completed treatment.
- 6.5.10 If we decide, in our clinical discretion, that you are not suitable for treatment on medical grounds or we decide not to treat you for any other reason following a treatment booking, then we will refund your costs paid but we will deduct from the refund a cancellation fee to cover the costs of the treatment booking and other costs incurred by us.
- 6.5.11 If we decide for any other reason not to proceed with Treatment then we will be entitled to retain a cancellation fee.
- 6.5.12 If you have paid for genetic testing, no refund is given once a biopsy has taken place.
- 6.5.13 Cancellation charges and refunds for Treatment Continuation Services made in accordance with section 3.4.3: Subject to termination of the contract in accordance with section 8, and subject to section 7.5, once we have entered into a contract with you for Treatment Continuation Services then we will refund your Costs paid but we will deduct from the refund a Cancellation Fee.
- 6.5.14 Cancellation charges and refunds for Medications: No refunds will be provided for Medications which have been dispensed.
- 6.5.15 Cancellation charges and refunds for blood tests: Refunds can only be given for any blood tests not carried out. Once blood is taken no refund is due.
- 6.5.16 You will need to pay a deposit of £500 at the time of making your booking if you wish to go ahead with fertility treatments. The remainder is payable at your treatment plan consultation.
- 6.5.17 If you reschedule more than 5 days before your treatment plan consultation, there will be no Cancellation Fee.
- 6.6 Refunds if we make significant changes to the Services: If we significantly change the Treatment in accordance with section 7.5 and you notify us that you wish to terminate your contract with us, you will be entitled to a refund of your Costs paid but we will deduct from the refund a Cancellation Fee.
- 6.7 Payment of refunds: Where you have paid for the Services and you are entitled to a refund as described above, then at your option we will either issue a credit note or we will return the amount you are due in accordance with the following terms:
- 6.7.1 We will make the reimbursement without undue delay, and not later than 28 days after the day on which we are informed about your decision to cancel your Services; and
- 6.7.2 We will make the reimbursement using the same means of payment as you used for the initial transaction and, in any event, you will not incur any fees as a result of the reimbursement.
- YOUR RIGHT TO MAKE CHANGES
- 7.1 Minor changes to the Services: We may change the Services:
- 7.1.1 to reflect changes in relevant laws and regulatory requirements; and
- 7.1.2 to implement minor technical adjustments and improvements to the way in which we provide Services.
- 7.2 Changes to Costs: Changes to our Costs will be as described in section 10.3 below.
- 7.3 Changes to the Services on medical grounds: In some circumstances it may be necessary for us to change the Services on medical grounds. The Key Facts set out details of the circumstances in which we may change the Services and our contract with you on medical grounds. We will notify you of any such changes but you will not be required to consent to them by email for the changes to take effect. Any changes to Treatment may incur additional Costs and these will be given as soon as practicable.
- 7.4 Changes you request to the Services: You may request changes to the Services. We will let you know if we can agree to any requested changes. Other than for Treatment Continuation Services as described in section 3.4.3, any change in our contract with you will only take effect when we have emailed you to confirm the changes and you have confirmed your agreement by return email and payment of any additional Costs.
- 7.5 More significant changes to the Services and these Terms: If we make any more significant changes to the Services or these Terms, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Services paid for but not received in accordance with section 6.6.
- 7.1 Minor changes to the Services: We may change the Services:
- DURATION, SUSPENSION AND TERMINATION OF THE CONTRACT
- 8.1 Subject to this section 8 and section 9, these terms will remain in full force and effect while you use our Services.
- 8.2 You can always end the contract between you and us as set out in these terms by notifying us in writing. If you end the contract then cancellation charges may apply. Please see our cancellation terms above.
- 8.3 We may suspend or terminate your rights to use the Service at any time and at our sole discretion, including for any of the following reasons:
- 8.3.1 in the reasonable professional opinion of our Staff it is unsuitable for you to receive the relevant Service;
- 8.3.2 our performance of the Services is affected by an event outside our control which we means we cannot provide the Services despite our best efforts;
- 8.3.3 to stop or change the Services to reflect changes in relevant laws and regulatory requirements;
- 8.3.4 you have not provided us with valid consent (where required);
- 8.3.5 you do not allow us to meet any other legal requirements and duties that we may have, including but not limited to causing Staff to have concerns about the welfare of the child or children that may be born as a result of your Treatment;
- 8.3.6 you fail to make payments of Costs when due;
- 8.3.7 you display abusive, violent or threatening behaviour unacceptable to us or any member of our Staff or your behaviour indicates a clear and obvious breakdown of trust between us;
- 8.3.8 you make unsubstantiated, untrue and defamatory comments on social media or on a public platform about us or any member of our Staff;
- 8.3.9 you do not co-operate with us in respect of the Services to be provided to you or if you do not comply with these terms or do not agree to any change in our terms.
- 8.4 If we decide to terminate the contract in accordance with section 8.3 then we will be entitled to retain fees to cover our reasonable costs and losses incurred by virtue of your decision to terminate in respect of Services provided up to the date of termination.
- 8.5 Where reasonably possible, we will explain to you the action we are taking, when that action takes effect and the reasons for it. When doing so we will also inform you of your right to challenge the action taken through our complaints process.
- 8.5.2 We will not have any liability whatsoever to you for any termination of your rights under these terms, including for deletion of your user content. Even after your rights under these terms are terminated, the following sections of these terms will remain in effect: sections 10 and 12.
- IF THERE IS A PROBLEM WITH THE SERVICES
- 9.1 If you have any questions or complaints about the Services, please contact us. You can read our complaints procedure at www.createfertility.co.uk/legal/complaints-procedure.
- 9.2 If you have raised a complaint with our Services, we will deal with this in accordance with our complaints procedure under clause 9.1.
- PRICE AND PAYMENT
- 10.1 Website and Price Guide: Our Website and the Price Guide, which is available from our Website, include indicative information about our Costs. We use dynamic pricing for our baseline scans which means that we adjust prices for appointments in response to our internal resources and capacity demands. The price may therefore vary depending on how soon the baseline scan is from the date of booking. The detailed Costs for all other Treatments which you will pay are set out in the Costed Treatment Plan which you will be given before entering into a contract with us for Treatment.
- 10.2 Additional costs: Information as to any additional tests, treatments, medication or other services that may become necessary, such as pregnancy scans/blood tests, pregnancy medication, embryo freezing and storage, and any additional fees we pass on for the cost of regulation or counselling will be made available to you before you confirm that you wish to proceed with the relevant Treatment.
- 10.3 Price Estimates and Changes to Costs: We will provide you with a Costed Treatment Plan which will be valid for 8 weeks from the date of issue. If you decide to enter into a contract at any time during this 8 week period, you will pay the prices as set out on the Costed Treatment Plan. If you decide to enter into a contract with us at any point after the 8 week period from the date of issue, we will provide you with an updated Costed Treatment plan, which will be re-calculated at the current pricing at that time.
- 10.4 VAT:
- 10.4.1 We will pass on changes in the rate of VAT.
- 10.4.2 All prices are in pounds sterling and VAT is applied at the applicable rate.
- 10.4.3 If the rate of VAT changes between your order date and the date we provide the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
- 10.5 When you must pay and how you must pay:
- 10.5.1 Except when you opt to join our finance scheme as described in section 10.7 below, you must make an advance payment of 100% of the price of the Services in accordance with these terms except for certain Treatments where you will be required to make an advance payment as a deposit, as set out in your Costed Treatment Plan. We reserve the right to cancel any Booking or other appointment if payment has not been received.
- 10.5.2 Costs for Medication, blood tests, intravenous sedation anaesthesia, in vitro maturation, additional scans, other laboratory tests and additional procedures can vary depending on your clinical need and your response to Treatment but will be confirmed before purchase.
- 10.5.3 Medication and consumables are not returnable or refundable once dispensed.
- 10.5.4 Services are not refundable once performed and are otherwise subject to our terms relating to refunds and cancellations.
- 10.5.5 We accept payment by debit card, credit card and bank transfers. We do not accept cash, cheques or American Express (Amex).
- 10.6 We can charge interest if you pay late: If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- 10.7 Payment Plan terms: If you opt to pay for your Treatment through our finance scheme (https://www.createfertility.co.uk/costs/payment-plans) you are bound by the terms and conditions of that agreement and the payment terms described in section 10.5 above will not apply. The initial Costs to you will be estimated in our quote provided at the time of your initial Booking based on an assumed level of Medication and Diagnostic Tests based on your personal circumstances. As with any medical treatment, this may vary depending on how your Treatment is progressing and may need to be adjusted. If you require additional Medication, Diagnostic Tests and Treatment above the estimate they are chargeable at the standard retail price at the time of purchase. Unfortunately Costs for Treatment Continuation Services cannot be added to your finance plan and need to be funded separately.
- 10.8 Any treatment packages must be agreed and paid for before treatment commences.
- 10.9 If you opt for the IUI 3 cycle package, you are entitled to a maximum of three cycles, however, once a clinical pregnancy (foetal heartbeat) is present, you will not be entitled to further cycles within this package and you will not receive a refund for the remainder of the package.
- 10.9 You will need to pay a deposit of £500 at the time of making your booking if you wish to go ahead with fertility treatments. The remainder is payable at your treatment plan consultation.
- YOUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 11.1 We do not seek to limit or exclude our potential liability for anything which cannot be legally limited or excluded. For example, the law does not permit any organisation to limit or exclude its liability if there is personal injury or death caused by negligence.
- 11.2 Subject to section 11.1, our liability to you for any loss or damage you suffer is limited to the total amount of Costs you have paid to us for Services received.
- 11.3 Access to and use of our Services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system or loss of data resulting therefrom.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- OTHER IMPORTANT TERMS
- 13.1 If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 13.2 Which laws apply to this contract and where you may bring legal proceedings: These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.