Ge­neral Terms and Con­di­tions

Ge­neral terms and con­di­tions

PREAMBLE
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.

I. REGISTRATION 
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.

II. 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.

Fer­tilly re­serves the right to change the Ge­neral Terms of Use at any time and wi­thout sta­ting re­a­sons. The amended terms and con­di­tions will be sent to the users by e‑mail be­fore they come into force. If the user has not ob­jected to the va­li­dity of the amended Ge­neral Terms of Use wi­thin two weeks after re­ceipt of the e‑mail and con­ti­nues to use the ser­vices of Fer­tilly, the amended terms shall be deemed ac­cepted.

If the user ob­jects to the new Ge­neral Terms of Use, Fer­tilly may ter­mi­nate the exis­ting con­trac­tual re­la­ti­onship with immediate ef­fect and de­lete all stored data of the user. Claims for da­mages by the user are ex­cluded in this re­spect. Fer­tilly will se­pa­r­ately in­form the user of the con­se­quences of the ex­pi­ra­tion of the 2‑week pe­riod as well as of the ob­jec­tion with re­gard to the new Ge­neral Terms and Con­di­tions of Use in the e‑mail con­tai­ning the amended terms and con­di­tions.

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.

VI. LIABILITY 
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 
Fer­tilly collects, pro­cesses and stores per­sonal data of a user as far as they are ne­cessary for the es­tab­lish­ment and exe­cu­tion of the con­tract as well as for bil­ling pur­poses. In par­ti­cular, Fer­tilly will not dis­c­lose per­sonal data of the user to third par­ties wi­thout aut­ho­riz­a­tion. The de­tails re­gar­ding the collec­tion, pro­ces­sing and sto­rage of the user’s data are re­gu­lated in the data pro­tec­tion re­gu­la­tions (Pri­vacy Po­licy) of Fer­tilly.

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.

Should in­di­vi­dual pro­vi­sions of these Ge­neral Terms of Use be or be­come in­valid, this shall not af­fect the va­li­dity of the re­mai­ning pro­vi­sions. The con­trac­ting par­ties un­der­take to re­place an in­valid pro­vi­sion with a valid pro­vi­sion that comes as close as pos­sible to the eco­no­mi­c­ally in­tended me­a­ning and pur­pose of the in­valid pro­vi­sion. This ap­p­lies ac­cord­ingly to loo­p­holes in the con­tract.

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.