APRICITY TERMS AND CONDITIONS
1. ABOUT US
1.1 The Alpha Phase, Apricity and our services to you
Apricity has the aim of helping patients through their fertility journey. Apricity is a virtual fertility clinic that aims to change the fertility experience using disruptive digital technology and pathways.
Apricity aims to operates as a one-stop-shop with digital tools and modular fertility services, where women customize their fertility treatment journey and are able to access the best doctors and techniques in a stress free and automated, but human, process. The Apricity vision is to contribute to progress in assisted reproductive treatment science by sharing knowledge and information in order to increase fertility treatment success rates.
We are in a testing stage of our services, developing the services we offer to patients. This testing stage is called the “Alpha Phase”.
During this Alpha Phase, Apricity will not be providing medical advice or medical care to you and we are not registered or regulated to do so. All our Provider Partners are registered and regulated for the delivery of medical advice and health care services. In this Alpha Phase, we are working closely with our selected Provider Partners to help deliver seamless care to you by arranging appointments, helping you prepare for your attendance at clinics and providing administrative and general wellbeing services to you.
You should read these terms carefully so that you understand them. These terms cover all the services we provide to you in person with our fertility advisers and over the phone, through our Apricity App (“App”) in the Alpha Phase. These services are called the “Apricity Services” and are described in more detail in paragraph 3 below.
When we refer to “Apricity”, “our” or “us”, we are referring to Apricity Fertility UK Limited, a limited company registered in England and Wales with company number 11402698 whose registered office is at St. James House, 13 Kensington Square, London, England, W8 5HD.
When we refer to our “Website”, we mean the website www.apricity.life
Our “Provider Partners” are:
- Poundbury Clinic Management LLP incorporated and registered in England and Wales with company number OC307739 whose registered office is at The Poundbury Clinic, Middlemarsh Street, Poundbury, Dorchester, Dorset, DT1 3FD, and their Partners namely Lister Fertility Clinic part of HCA Healthcare UK, and King Edward VII’s Hospital;
- The Doctors Laboratory Limited incorporated and registered in England and Wales with company number 02201998 whose registered office is at The Halo Building, 1 Mabledon Place, London WC1H 9AX;
- HealthNet Homecare (UK) Ltd incorporated and registered in England and Wales with company number 06856641, trading as HealthNet Homecare and Stork Fertility, whose registered address is at 18 Oxleasow Road, East Moons Moat, Redditch, Worcestershire, B98 0RE;
- Ultrasound Direct Limited incorporated and registered in England and Wales with company number 03631645 whose registered address is at 37 The Point Business Park, Market Harborough, Leicestershire, LE16 7QU.
All the healthcare services provided to you by our Provider Partners will be on the terms and conditions of these Provider Partners. Apricity will be responsible for providing the Apricity Services. You will pay Apricity for payments due for health and care services and we will manage and co-ordinate your payments with the Provider Partners. When you pay Apricity, you will be released and discharged from most of your payment obligations to our Provider Providers. Depending on your treatment options, for example if you freeze and store embryos or culture them to blastocyst stage, you may have additional payment obligations with some Provider Partners and such additional payment obligations shall be notified to you by the relevant Provider Partner.
It is important to us that use this Alpha Phase to improve and develop the Apricity Services that we offer and will offer after the Alpha Phase ends. Your feedback is important to make sure we can deliver our vision of becoming a virtual one stop fertility clinic and to improve the success of fertility treatments. Please contact us on firstname.lastname@example.org to let us know your comments, good and bad.
It is important that you understand that in this Alpha Phase, we will provide information to you about your appointments and other information about your fertility journey. This information is not medical advice, diagnosis or treatment. You should always talk to a qualified medical professional about any questions you may have about a medical condition.
If you think you have a medical emergency, you should call the Provider Partner, your doctor or the emergency services immediately. The App will help you to identify who to contact in different scenarios.
Our services are only available to patients who are resident in/receiving care in the UK.
2. OUR CONTACT INFORMATION
2.1 You can contact us by telephoning us at +44 (0)11 5824 3928 or by writing to us at email@example.com and postal address: Apricity Fertility UK Limited, St James House, 13 Kensington Square, London, W8 5HD.
2.2 If we need to contact you, we will do so by telephone or by text message to the numbers provided to us or by writing to you at the email address or postal address that you have provided to us.
3. APRICITY SERVICES
3.1 The Apricity Services in this Alpha Phase are:
3.1.1 The services and support of a fertility advisor (by email, telephone and through our App). The fertility advisor is a non-medically qualified support advisor, who is available between 07:00 and 21:00 Monday to Friday, and during a four-hour window during weekends and over bank holidays to answer your non-medical questions, to liaise with the medical team and to arrange appointments;
3.1.2 Use of the App, which will include details of your appointments, information regarding your medication, general fertility information as well as the contact details of the fertility advisor;
3.1.3 Information about your fertility journey and co-ordination of your various providers, including in relation to blood tests and consultations and counselling, provided by our Provider Partners (“Apricity Information”);
3.1.4 Care co-ordination of the healthcare provided to you by our Provider Partners;
3.1.5 Contact and other information about our Provider Partners;
3.1.6 Certain administrative and payment services on behalf of our Provider Partners. We will send you details of the fees payable and will be responsible for payments to the Provider Partners (see paragraph 11below); and
3.1.7 We may also provide and collect certain information, including consents to treatment from you, for and on behalf of our Provider Partners.
3.2 We do not provide medical advice, medical treatment or diagnosis as part of our Services. If you have a medical emergency, you should always contact the Provider Partner on the contact details provided to you, your doctor or the emergency services. You should not use our services in an emergency.
3.3 Apricity Information: Where we give information or provide answers to FAQs to you, it is important that you understand that this is general information only and not information based on your personal circumstances. This information is not a replacement for care and it is not a diagnosis or recommendation of treatment to you. You must not take any action, for example, stopping or starting any medication based on the information we provide to you. You should always speak to a doctor or healthcare professional if you have any concerns about information you have read.
3.4 We will use our reasonable care and skill to provide the Apricity Services to you. We will use staff that are trained, qualified and experienced in the services. If you think that our services have not met these standards, please let us know as soon as possible and we will aim to correct the services or re-perform the services. In some cases, we may need to change the way we deliver services to you in order to comply with law, guidance or regulations.
3.5 Apricity does not prescribe, sell or supply any medicines to patients. Apricity may coordinate the delivery of medication as agreed with you and under the direction or supervision of our Provider Partner or relevant prescribing professional or practitioner, where relevant.
4. INFORMATION FROM YOU
4.1 We need to collect some information from you in order to be able to provide services to you.
4.2 It is important that the information you provide to us is correct. Our services are provided in English only and you need to provide all information to us in English.
5. TECHNICAL REQUIREMENTS FOR USING THE APP AND WEBSITE
5.1 Our App and Website has been prepared by Apricity. In order to use the App, you will need:
5.1.1 iOS version 8.0 or Android version 4.3
5.1.2 Data connection or WIFI and mobile phone connection (when calling the fertility advisor)
5.2 You will be sending and receiving sensitive information through the App. You should make sure you are accessing the App and Website through secure or safe networks with at least WPA-2 security.
5.3 We may update the App from time to time and, if we do, the App will not work properly until you have updated the App through the App Store.
5.4 We may change these terms and conditions from time to time and, if we do, the App may not work and you may have to accept the changed terms and conditions before you can continue using the App or our Apricity Services.
6. HEALTHCARE REGULATION
6.1 Our services are not accessible or available to any person under 18 years of age.
6.2 Our Apricity Services are provided in the UK and under English laws. If you do not live in England, then it may not be lawful for you to use our services.
6.3 We do not provide medical advice, medical treatment or medical diagnoses to you and we are not regulated to do so.
6.4 Our Provider Partners are all registered with the following UK regulatory bodies, as required and as relevant to the services they provide:
6.4.1 The Care Quality Commission (www.cqc.or.uk);
6.4.2 The Human Fertilisation and Embryology Authority (www.hfea.gov.uk), where relevant.
6.5 The terms and conditions of our Provider Partners will apply to the care and treatment that they provide to you. Please carefully read these terms and conditions. Our Provider Partners are all in the UK and use doctors qualified to practice in the UK.
6.6 Apricity and our Provider Partners are only responsible for the provision of care under the laws of England and are not responsible for complying with any other laws and regulations.
6.7 Our Provider Partners are responsible for medical advice, medical treatment or medical diagnoses to you. We are not responsible for the care provided by our Provider Partners. Our Provider Partners have committed to Apricity to ensure that their services are provided with the highest level of care, skill and diligence in accordance with best clinical practice and in the best interests of each patient.
6.8 If you do not think that our Provider Partners have provided services to you in accordance with these standards, please let us know as soon as possible. We will raise these concerns with our Provider Partner and they will follow their complaints or other procedure to resolve your concerns.
6.9 We do not take responsibility for the services provided to you by our Provider Partners. They are fully responsible for all the services that are provided to you by them and will be liable and have insurance for any claims that you may have against them. We explain more about our liability to you in paragraph 12 below.
7. ELIGIBILITY FOR THE APRICITY SERVICES AND OUR TERMINATION RIGHTS
7.1 In some cases we may not provide or we may choose not to provide Apricity Services to you. The circumstances where we may not or may choose not to provide Apricity Services to you include:
7.1.1 If you have not provided information that we need to provide Apricity Services to you;
7.1.2 If you have been, or our Provider Partners have reported to us that you have been, violent or verbally or physical aggressive to any member of staff of Apricity or any member of staff of one of our Provider Partners;
7.1.3 you have not paid any amount due to Apricity or one of our Provider Partners or you have otherwise breached any term of a contract between you and one of our Provider Partners;
7.1.4 You have breached any of these terms and conditions; and/or
7.1.5 If we terminate our agreement by giving you not less than fourteen (14) days’ notice.
7.2 If any of these or other circumstances arise where we consider that the Apricity Services are unlikely to be beneficial or applicable to you, then we may either suspend your right to receive the Apricity Services or terminate our agreement with you by sending a notice to you.
7.3 If we end our agreement, you must stop all activities authorised by these terms, including your use of the App and any Apricity Services. You must delete or remove the App from all devices in your possession and we may ask you to confirm to us that you have done this. We may cease providing you with access to the Apricity Services.
8. ACCESSING OUR SERVICES: TECHNICAL ISSUES
8.1 Our services are accessed remotely using the internet, data networks and devices, which can access the internet (“Infrastructure”) and operate the App and our Websites. We make the App and our Websites available for access. You are responsible for the device and internet access that you have to operate our App and Website.
8.2 If you wish to use the services, you should ensure you have an internet-enabled device and a sufficient internet connection available.
8.3 Technical or security threats or issues affecting the Infrastructure may require us to suspend our services in order to ensure they are secure and/or operating optimally. We will minimise these suspensions, but are not responsible to refund charges (if any have been paid) or compensate you if they occur, unless they exceed 30 days in aggregate in any 12 month period, in which event you may cancel your agreement with us.
8.4 When you use the App or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices, alerts, prompts, information fields or other information through the App or Website as is necessary to deliver the services to you.
9. AMENDING THESE TERMS
9.1 We may need to amend these terms and conditions from time to time. This may happen during the Alpha Phase because our services are being developed or modified. After the Alpha Phase, we will amend these terms and conditions to take into account developments during the Alpha Phase. We may also make a change if there is a change in the law or regulation or if we change any of Provider Partners. If we change these terms and conditions, then we will notify you and the continued use of our services will be acceptance of these changes.
9.2 In certain cases, changes we make the terms and conditions may mean that the App or the Website may not work and you may have to accept the changed terms and conditions before you can continue using the App or our Apricity Services.
10. SERVICE LIMITATIONS: EVENTS OUTSIDE OF OUR CONTROL
10.1 We may not always be able to be able to provide services to you. For example, we may not be able to provide services to you if there is electrical or power failures, internet disruptions, including for planned or other maintenance or other server or serious technology failures, or other electronic disruptions and in rare cases such as war, trade union strikes or other national events that affect us. These are examples only and there may be other events outside of our control where we are not able to provide services to you. If this happens, we will not be responsible or able to provide services to you but we will let you know as soon as we can and will also take actions to try to minimise any interruption or delay to the services to you.
10.2 If it appears that there will be a delay or interruption of more than fourteen (14) days of service to you, then you or we may cancel our agreement.
11. PRICE AND PAYMENT
11.1 The terms and conditions of our Provider Partners will apply to the contract for the delivery of health care services by our Provider Partners to you (“Provider Partner Terms”).
11.2 We will inform you of prices and fees payable by you to the Provider Partners under the Provider Partner Terms (“Provider Fees”) and we will administer these payments due by you to our Provider Partners. You will pay the Provider Fees directly to us and we will pay these Provider Fees to the relevant Provider Partners. When you pay Apricity, you will be released and discharged from some of your payment obligations to our Provider Providers. Depending on your treatment options, for example if you freeze and store embryos or culture them to blastocyst state, you may have additional payment obligations with some Provider Partners and such additional payment obligations shall be notified to you by the relevant Provider Partner.
12. OUR LIABILITY TO YOU
12.1 This section sets out important information about our liability to you. Please read this information carefully.
12.2 We are always liable to you if we cause death or personal injury through our negligence or for fraud. We do not exclude our try to exclude this liability in these terms and conditions but, for other types of loss that you may suffer, we do limit our liability as set out below.
12.3 We are responsible for compensating you for personal injury or death caused by our negligence, and for defective products where we are legally responsible for their supply. Subject to doing this, and subject to applicable law, we will not be liable to you for an amount greater than the fees paid to us by you.
12.4 We are responsible to you for foreseeable loss and damage caused by us. If we do not comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable, for any special, consequential or similar damage. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
12.5 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation (at our choice). However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
12.6 All the Apricity Services are provided solely for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you.
12.7 Any software and services are provided on an ‘as is’ basis without a warranty of any kind being provided by us.
13. INTELLECTUAL PROPERTY
13.1 All intellectual property rights in the App, the Apricity Information, the Website and the Apricity Services, our brand and the Apricity logo throughout the world (“Our IPR”) belong to us and the rights in the App and the Services are licensed (not sold) to you. The logo and branding of our Provider Partners and other business partners are trademarks and/or owned by such parties.
13.2 You have no intellectual property rights in, or to, App, the Apricity Information, the Website and the Apricity Services, other than the right to use them in accordance with these terms.
14. USE OF OUR APP, WEBSITE AND OUR IPR
14.1 You are licensed to use Our IPR only to receive our services, to download the App. Any information provided to you is provided only for the purposes of the Apricity Services and no other purpose. You may share certain information provided to you by Apricity with any of Provider Partners in the course of them providing services to you.
14.2 You must
14.2.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Apricity Services in any form, in whole or in part to any person without prior written consent from us;
14.2.2 not copy the App, Apricity Information, the Website or any other information provided to you as part of the Apricity Services, except as part of the normal use of the App;
14.2.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Apricity Information or Apricity Services nor permit the App or the Apricity Information or Apricity Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
14.2.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App, the Website or the Apricity Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
(a) is not disclosed or communicated without the our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
(b) is not used to create any software that is substantially similar in its expression to the App;
(c) is kept secure; and
(d) is used only for the Permitted Objective;
(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service or as part of the interfaces with our services.
14.3 You must:
14.3.1 not use the App or any Apricity Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, Website any Apricity Service or any operating system;
14.3.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App, Website or any Apricity Service, including by the submission of any material or information to us (to the extent that such use is not licensed by these terms);
14.3.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App, the Website or any Apricity Service;
14.3.4 not use the App, the Website or any Apricity Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users. We do not guarantee that our services will always be virus free and you must ensure that your devices have adequate virus protection software;
14.3.5 not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any Apricity Service.
14.3.6 You must not attempt to gain unauthorised access to the services, App or Websites. Installation of the App on a device that has had its operating system compromised by the process of Jailbreaking (Apple iOS) or Rooting (Android) is not permitted and may result in the security of your personal data being compromised.
14.4 The App or any Service may contain links to other independent third party websites (“Third party Sites”). Third party Sites are not under our control, and we are not responsible for and do not endorse their content. You will need to make your own independent judgement regarding your interaction with any Third party Sites, including the purchase and use of any products or services accessible through them.
15. YOUR CANCELLATION RIGHTS
If this agreement with us is formed online or at a distance, then you will have the cancellation rights set out in paragraph 15.1.
Cancellation in the Cancellation Period
15.1 You may cancel your agreement with us from the day our agreement was formed (“Cancellation Period”). If you cancel during the Cancellation Period, we will refund any initial fees paid to us by you within 14 days from the day on which we receive your cancellation notice provided that, if you receive Apricity Services or services from our Provider Partners within the Cancellation Period and you subsequently choose to cancel within the Cancellation Period, we will reduce the amount of any refund (or take payment from you) to recover: any costs and charges that we administer for and on behalf of the Provider Partners including (a) any medication and or medicinal product costs incurred by our Provider Partners; and any health care services provided by any of our Providers Partners; and b) the reasonable use of any other Apricity Services provided to you. These will be priced to reflect reasonable use. In the event of cancellation, Apricity reserves the right to refuse any future request to use the Apricity service.
Cancellation outside of the Cancellation Period.
15.2 You may end your agreement with us:
15.2.1 by giving to us of not less than fourteen (14) days notice;
15.2.2 if you are currently involved in a treatment cycle, you may not give notice that will expire within the treatment cycle. This means you must complete the treatment cycle before our agreement will come to an end;
15.2.3 if for medical reasons, you no longer require care or healthcare services provided by our Provider Partners; if the services are unavailable for reasons outside our control as set out in paragraph 10;
15.2.4 if you do not like a change we make to these terms under paragraph 9 unless you have accepted those terms; or
15.2.5 if we have failed to fix or re-perform services not provided to the standards set out in paragraph 3.
15.3 If you end your agreement with us and you paid fees to us, we will only refund fees payable in accordance with our refund policy which is available on our pricing information document
15.4 If you want to cancel your agreement under this section (whether during the Cancellation Period or outside of the Cancellation Period), you must give us notice by emailing us at firstname.lastname@example.org.
16. COMPLAINTS AND DISPUTES
16.1 If you have a complaint about our services or disagree with us about anything to do with these terms
16.1.1 You can give us feedback on our services by calling or emailing us. See paragraph 2.
16.1.2 If you have a complaint about our services, we would like to resolve it quickly so please let us know as soon as possible.
16.1.3 If you wish to make a formal complaint about our services, you should do so as soon as possible by calling or emailing us via the details provided in the ‘About’ section above. We may ask you for certain details about you and your complaint in order to address it. Please provide these as soon as you can so that we can resolve your complaint quickly.
16.1.4 We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us. If we have done something wrong, we will apologise to you.
16.1.5 If any disagreement between you and us arises in connection with these terms, we will attempt to resolve it by discussing it with you.
16.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Centre for Effective Dispute Resolution's independent mediation scheme for patients (see https://www.cedr.com/consumer-disputes/healthcare/mediation/introduction). If you are not satisfied with the outcome you can still bring legal proceedings but you must submit a complaint CEDR first.
17. OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.2 This agreement is personal to you. You may not transfer your rights or your obligations under these terms to another person.
17.3 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
17.4 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. The headings of paragraphs in these terms are for explanation only and are not part of this contract.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.