General terms and conditions
Fertilly GmbH (hereinafter referred to as “Fertilly”) provides an online information platform (“www.fertilly.com”) on the subject of the desire to have children under the domain www.fertilly.com.
A free request (hereinafter referred to as “registration”) as an interested party is required to obtain information about the fertility centers registered at www.fertilly.com.
In order to register, the Interested Party fills in all mandatory fields of the registration form completely. Fertilly reserves the right to refuse registrations. If your master data changes, the interested party must inform us immediately.
Upon registration, the contract of use shall be concluded between the interested party and Fertilly under the following terms and conditions. If the interested party accepts an offer from a fertility center at a later point in time, the contract for medical services is concluded directly and exclusively between the interested party and the fertility center selected by you. The fertility center selected by the interested party is solely responsible for providing the agreed upon services.
As a registered user, you can receive contact to fertility centers from our network after successful activation.
III. CONSENT TO CONTACT
The registered user agrees to be contacted by fertility centers from Fertilly’s network or Fertilly itself using the contact information provided by the user.
IV. SUBJECT TO CHANGE
Fertilly is entitled to operate the search directories under other domains if this is necessary for legal or economic reasons.
Fertilly reserves the right to improve and change the deliveries and services within the scope of technical progress. If the service is changed to the disadvantage of the user, the user has an extraordinary right of termination. Damages cannot be claimed in this respect.
V. OBLIGATIONS OF THE USER
The user is obliged to provide the data requested during the registration process truthfully and completely and to use neither pen names nor pseudonyms.
In connection with the use of the services offered by Fertilly, the user shall not violate any statutory provisions and prohibitions, morality and the rights of third parties, in particular property rights, copyrights, trademark rights and rights to the use of names of third parties. Fertilly is entitled to remove illegal information.
The user may not send any data which, due to its type, nature, size or duplication, could endanger the services offered by Fertilly or other users.
Fertilly shall be fully liable for damages resulting from an intentional or grossly negligent breach of duty on the part of Fertilly. Furthermore, Fertilly is fully liable for damages resulting from injury to life, body or health, which are based on an intentional or grossly negligent breach of duty by Fertilly.
Fertilly is liable to the user on the merits for the slightly negligent breach of essential contractual obligations. In these cases, Fertilly is liable for the amount of damage that was foreseeable or had to be foreseen at the time of the conclusion of the contract. Fertilly is not liable for the slightly negligent violation of insignificant contractual obligations.
The legal liability of Fertilly in case of personal injury, according to the Product Liability Act as well as in the scope of application of § 7 para. 2 TKV remains unaffected.
As far as Fertilly grants access to databases or services of third parties, Fertilly is neither liable for the existence or security of these databases or services nor for the correctness, completeness or topicality of the content or freedom from rights of third parties regarding the data, information and programs downloaded by the user.
The user is liable for the content he/she posts, information about him/herself as well as for the services he/she provides on his/her own responsibility. The user has to indemnify Fertilly from claims of third parties due to his infringement of rights.
The availability of the portal operated by Fertilly cannot be guaranteed 100% for technical reasons. Fertilly is entitled to interrupt access to the portal on the Internet for necessary maintenance work and network failures caused by third parties. Disruptions of data traffic on the Internet due to force majeure or due to events beyond Fertilly’s control — in particular the failure of communication networks and gateways of the operator — suspend the contractual obligations of the parties for the duration of the disruption and to the extent of its effect.
VII. TERM AND TERMINATION OF THE USER AGREEMENT
The User Agreement shall run for an indefinite period of time. Both you and Fertilly may terminate it at any time in writing (for example by letter) or by e‑mail.
Upon termination of the User Agreement, you may request the return of your requests made on www.fertilly.com in a common file format to be determined by Fertilly.
The termination of the user contract does not affect the contracts concluded with fertility centers via www.fertilly.com. You will retain a user ID, as long as the contract with the fertility center is not terminated, for the purpose of communicating with the fertility center, but you will no longer be able to submit new requests.
VIII. DATA PROTECTION
IX. FINAL PROVISIONS
Changes and amendments to the agreements existing between Fertilly and the user must be made in writing. The same applies to changes to the written form requirement. Subsidiary agreements do not exist.
Unless otherwise agreed, all legally relevant declarations by the user must be made in text form. Fertilly may send declarations to the user by e‑mail or by fax or by letter to the addresses that the user has provided as current contact data.
The place of performance is Berlin — Charlottenburg. If the user is a merchant or if the user has no general place of jurisdiction in Germany, Berlin — Charlottenburg is agreed as the place of jurisdiction.