1. USAGE/ ELIGIBILITY

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify BONTÉ FERTILITY for any losses, costs or damages, including reasonable legal fees, incurred by BONTÉ FERTILITY in relation to, or arising out of, such a breach.

2. ACCEPTANCE OF TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your” or “user”) and BONTÉ FERTILITY (“BONTÉ FERTILITY”, “BONTÉ”, “we”, “us” or “our”), concerning your access to, and us of www.bontefertility.com and our Services. You agree that by accessing the Site, you have read, understood, and agree to be bound by the terms and conditions and Privacy Policy incorporated. IF YOU DO NOT AGREE WITH ANY OR ALL OF THESE TERMS OF SERVICE, YOU ARE STRONGLY ADVISED TO DISCONTINUE YOUR USE OF THE SITE AND ANY OF OUR SERVICES.

In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “our” refer to BONTÉ FERTILITY. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

3. ABOUT BONTÉ FERTILITY & SERVICES

BONTÉ FERTILITY is a corporation carrying on its business activities in Norway. At BONTÉ FERTILITY we want to reshape the conversation around infertility. We provide you with an opportunity to be more proactive in your care. Our aim is to empower you with the information you need to understand your options, ask the right questions and ultimately choose what you believe is best for you.

Our Services

At BONTÉ FERTILITY we provide you a service that helps you better understand your bodies and allow you to make well informed decisions. The program is conducted mainly through emails, Doxy.me platform, Cogsworth Services and Stripe. As a result, a tailor-made program may be sketched out for you. For the avoidance of doubt, the term “Services” mentioned herein shall include the provision of any verbal and/or written advice (whether general or specialised) through consultations (made upon confirmation of appointments) or other means.

Depending on your needs, the Services we offer on the Site and to you may cover any one or more of the following aspects / subjects;

• Customised guide to artificial reproductive techniques
• Fertility preservation options
• Preimplantation genetic diagnosis
• Pitfalls in IVF specific to your diagnosis
• Identifying the right clinic nearest to you
• Nutrition and diet
• Cancer and other terminal illnesses
• Gender transitioning
• Third party assisted reproductive techniques including donors and surrogates

For more information about our services, please visit https://procreareivf.org/services/.

To get started to use our Services, all you need to do is sign up to request a consultation as indicated on the right hand corner of our Website and we will attend to your needs.

4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. BONTÉ FERTILITY hereby declares explicitly that it has no influence on the layout or content of linked pages and dissociates itself expressly from all contents of all linked pages of third parties. BONTÉ FERTILITY not be liable for the use or content of Internet sites that link to this Site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites..

5. INTELLECTUAL PROPERTY

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

6. YOUR REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you shall maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction of which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose and (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, and/or incomplete (hereinafter collectively referred to as “Untrue Information”), we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). We shall not be liable for any losses and/or damages arising from or attributable to any such Untrue Information.

7. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

To the extent permitted by law, we are not responsible for any information made available on this Site which is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This Site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site, including these Terms of Service and the Privacy Policy.

8. MEDICAL DISCLAIMER

IF THIS IS A MEDICAL EMERGENCY OR A MATTER REQUIRING URGENT MEDICAL ATTENTION AND CARE, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL NEEDS. ANY ADVICE GIVEN (WHETHER ORAL OR WRITTEN) BY US IS NOT DESIGNED TO FACILITATE MEDICAL EMERGENCIES, AND BONTÉ FERTILITY DOES NOT GUARANTEE RESPONSE TIMES IF YOU CHOOSE TO USE OUR SERVICES IN THE EVENT OF A MEDICAL EMERGENCY OR ANY MATTER REQUIRING URGENT MEDICAL ATTENTION AND CARE.

9. USER LICENSES

Permission is granted to use the features and services provided on the Site by way of a non-exclusive and non-transferable grant of a license (“License”) to you, and under this License, you may not:

• modify or copy the materials;
• attempt to decompile or reverse engineer any software contained on BONTÉ FERTILITY website;
• remove any copyright or other proprietary notations from the materials; or
• Transfer the materials to another person or "mirror" the materials on any other server.
• For the avoidance of doubt, the grant of the License shall not be construed as a transfer of ownership (whether legal or beneficial) to any proprietory material of BONTÉ FERTILITY.
• This License shall automatically terminate if you violate any of these restrictions and may be terminated by BONTÉ FERTILITY at any time. Upon terminating your viewing of these materials or upon the termination of this License, you must destroy any downloaded materials in your possession whether in electronic or printed format.

10. PAYMENTS

Appointments for any consultation will only be confirmed upon BONTÉ FERTILITY of payment. All payments for our Services may be made through [/], or any other form(s) of payment as we may determine from time to time.

You agree to provide current, complete, and accurate purchase and account information necessary for any and all all purchases of our Services made via the Site. You further agree to promptly update account and payment information, including email address, billing/mailing address, payment method, and/or payment card expiration date, so that your transactions can be completed and you can be contacted,as needed. We bill you for purchases made via the Site through a third party online billing system operated by such person that we engage to facilitate payments for our Services (“Third Party Billing Operator”). Accordingly, we will not be liable for any direct, indirect and/or consequential losses or damages resulting from or attributable to any security violation, disruption and/or damage to such third part billing system.

Any applicable taxes and/or charges required to be imposed on our Services will be added to the price of purchases as deemed required by us. All payments shall be in Euros. We reserve the right to update the fees and prices of our Services from time to time.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us or any third party billing operator engaged by us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

11. INDEMNIFICATION.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless BONTÉ FERTILITY and our respective past and present employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “BONTÉ FERTILITY parties”), from and against all actual or alleged BONTÉ FERTILITY Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any feedback you provide, (c) your violation of these Terms of Service or any applicable law, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Site or Services provided to you; and (f) any User Content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms. You agree to promptly notify BONTÉ FERTILITY of any third-party Claims and cooperate with the BONTÉ FERTILITY Parties in defending such Claims. You further agree that the BONTÉ FERTILITY Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and BONTÉ FERTILITY.

12. PROHIBITED USES

• You may not access or use the Site for any purpose other than that for which we make available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
• As a user of the Site, you agree not to:
• In our sole and absolute determination, make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• In our sole and absolute determination, trick, defraud, or mislead us and other users, and/or make any attempt to learn sensitive account information such as (but not limited to) user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• In our sole and absolute determination, interfere with, disrupt, or create an undue burden of the Site or the networks or services connected to the Site.
• Attempt to impersonate another user or person or use the username of another user
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site
• In our sole and absolute determination, harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Delete the copyright or other proprietary rights notice from any Content.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any parties’ functions, operation, or maintenance of the Site.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or pcms”).
• Except as may be the result of standard search engine or Internet browser usage, use launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Use content without proper attribution
• Use content in a fashion that does not comply with the content’s specific licensing

13. DISCLAIMERS.

Your access to, and use and/or reliance of, the Services, and content provided on www.bontefertility.com are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, BONTÉ FERTILITY as well as founders, officers, directors, employees, agents, representatives, and/or partners of BONTÉ FERTILITY (collectively hereinafter referred to as “ BONTÉ FERTILITY Personnel”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED INCLUDING IN RELATION TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/ OR NON-INFRINGEMENT, IN RESPECT OF THE SERVICES PROVIDED.

BONTÉ FERTILITY and BONTÉ FERTILITY personnel make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from BONTÉ FERTILITY or through the Services, will create any warranty not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that BONTÉ FERTILITY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BONTÉ FERTILITY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BONTÉ FERTILITY SHALL NOT BE LIABLE FOR PERSONAL INJURY OR DEATH, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO, OR USE OR RELIANCE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT (INCLUDING IN RELATION TO CONTRAVENTIONS OF APPLICABLE DATA PROTECTION AND INTELLECTUAL PROPERTY LAWS) OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BONTÉ FERTILITY YOU EXCEED AN AMOUNT [(5) FIVE] TIMES ANY PAYMENT RECEIVED BY BONTÉ FERTILITY FROM YOU . TO THE EXTENT PERMITTED BY LAW, THE LIABILITY LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, PROVIDED ALWAYS THAT :

• BONTÉ FERTILITY HAS BEEN PROMPTLY INFORMED OF THE POSSIBILITY OF ANY SUCH DEATH, INJURY, OR DAMAGE;
• YOU HAVE TAKEN ALL SUCH STEPS NECESSARY TO IMMEDIATELY MITIGATE, OR ADDRESS ANY SUCH POSSIBILITY UPON BECOMING AWARE OF THE SAME, INCLUDING ADHERING TO ANY WARNINGS AND/OR ADDRESSING ANY RISKS IDENTIFIED THROUGHOUT THE SERVICES PROVIDED; AND
• WHERE ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site), and the Services (except for when payment for such Services has been made, in which case we shall take all commercially reasonable efforts to provide for the paid Services), at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

14. CHANGES

If BONTÉ FERTILITY to amend or modify the terms and conditions under the these Terms of Service, we will post the amended / modified terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing Contracts will not be affected by such changes.

15. GOVERNING LAW AND JURISDICTION

This general terms and conditions in relation to the use of www.bontefertility.com is hereby governed by, and constructed and enforced in accordance with the laws of Norway. The competent courts in Norway shall have the exclusive jurisdiction to resolve any dispute between you and BONTÉ FERTILITY.