TERMS OF USE

TERMS OF USE2019-02-06T15:23:54+00:00

Terms of Use

Welcome! Thank you for your interest in myLotus. Please read these terms of use carefully before using our services.

What’s in these terms?

These terms tell you the rules for using our websites mylotus.com, mylotusfertility.com, mylotusfertility.co.uk, mylotusfertility.de, mylotusfertility.cn and any other websites we operate (the ”sites”) and any of the myLotus Fertility applications (the “applications”) (together, the “services”).

Please be aware that we do not provide medical advice. Our services are provided for information purposes only. You must obtain professional or specialist medical advice before taking, or refraining from, any action on the basis of the content on our sites and applications. If you think you have a medical emergency, do not use our services and contact your doctor or emergency services immediately.

This policy was last updated on: 01-Feb-2018

Click on the links below to go straight to more information on each area:

Who we are and how to contact us

mylotus.com, mylotusfertility.com, mylotusfertility.co.uk, mylotusfertility.de, mylotusfertility.cn are sites operated by Concepta Diagnostics Limited (“We”). We are registered in England and Wales under company number 08361104 and have our registered office at The Exchange, Colworth Park, Sharnbrook, Bedfordshire, MK44 1LZ, UK. Our VAT number is 182 756 185.

To contact us, please email info@mylotus.com

By using our services you accept these terms

By (i) using any of the myLotus applications, (ii) creating a user account with us or (iii) accessing mylotus.com, mylotusfertility.com, mylotusfertility.co.uk, mylotusfertility.de, mylotusfertility.cn or any other sites operated by us you confirm that you accept these terms of use and that you agree to comply with them.

In consideration of your agreement to these terms, we licence you to use our services.

If you do not agree to these terms, you must not use our services.

We recommend that you save or print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our services:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our services, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies we use.

If you purchase fertility products or other goods from our sites or via our applications, additional Terms and conditions of supply with Amazon or other third party sellers may apply to the sales.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our services, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our services

We may update and change our sites and applications from time to time to reflect changes to our products, our users’ needs and our business priorities.

If you use the applications on devices not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the device.

We may suspend or withdraw our services

Our services are made available free of charge.

We do not guarantee that our sites or applications, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We may collect technical data about your device

By using the services, you agree to us collecting and using technical information about the devices you use the applications on and related software, hardware and peripherals to improve our products and to provide any services to you.

You are also responsible for ensuring that all persons who access our services through your internet connection or your device are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our sites and applications are only for users in the UK, Germany, Netherlands, France,Italy,Spain and China over 18 years of age

You must not use our services if you are under 18 years of age.

Our sites are directed to people residing in the United Kingdom, Germany, Netherlands, France, Italy, Spain and China. We do not represent that content available on or through our sites or applications is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@mylotus.com.

How you may use material on our sites

We are the owner or the licensee of all intellectual property rights in our sites and applications, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our sites or applications for your personal use and you may draw the attention of others within your organisation to content posted on our sites and applications.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our sites and applications must always be acknowledged.

You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our sites or applications in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on these sites or applications

The content on our sites and applications is provided for general information only. It is not intended to amount to advice on which you should rely.

It is very important to understand that we do not provide medical advice.We are not medical professionals. You must obtain professional or specialist medical advice before taking, or refraining from, any action on the basis of the content on our sites and applications. For example, if your LH levels are consistently high, if you are only getting positive or negative results for LH concentration or you are concerned about any results, please refer to your doctor.If you think you have a medical emergency, do not use our services and contact your doctor or emergency services immediately.

Although we make reasonable efforts to update the information on our sites and applications, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites and applications is accurate, complete or up to date.

We are not responsible for websites we link to

Where our sites and applications contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

Our sites and applications may include information and materials uploaded by other users of the sites and applications, including to comment threads and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our sites and applications do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on info@mylotus.com.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in any terms and conditions of supply.

Please note that we only provide our sites and applications for domestic and private use. You agree not to use our sites or applications for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. 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.

Uploading content to our sites and applications

Whenever you make use of a feature that allows you to upload content to our sites or applications, or to make contact with other users of our sites or applications, you must comply with the content standards set out below.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our sites or our applications will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our sites where you have specifically granted a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our sites or applications constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our sites or application if, in our opinion, your post does not comply with the content standards set out below.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

We only use any personal data we collect through your use of the services in the ways set out in our Privacy Policy.

When you upload or post content to our sites or applications, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your de-identified (anonymised) personal data and other content in connection with the service provided by our sites and applications and across different media, and to use your content to promote our services.

In addition, you grant to us a licence that allows third parties (for example, other users, partners or advertisers) to use the de-identified (anonymised) personal data and other content for their purposes or in accordance with the functionality of the sites.

Where you voluntarily elect to share your personal data and other content with other users of the applications, sites or services (for example by inviting your partner or a medical professional to your account), you acknowledge that a) you do so at your own risk b) agree that personal data may be disclosed by us to other users of our services in this way and c) you grant to such other users a licence that allows them to use the personal data and other content for their own purposes.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the applications or any services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Intellectual property rights

All intellectual property rights in the sites and applications throughout the world belong to us and the rights in the services are licenced (not sold) to you. You have no intellectual property rights in, or to, the applications or the sites other than the right to use them in accordance with these terms.

The flower symbol, myLotus and Concepta are trade marks of Concepta Diagnostics Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our sites and applications.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our sites and applications will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our sites and applications. You should use your own virus protection software.

You must not misuse our sites or applications by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites or applications, the server on which our services are stored or any server, computer or database connected to our services. You must not attack our services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our services will cease immediately.

Rules about linking to our sites and applications

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our sites in any website that is not owned by you.

Our sites and applications must not be framed on any other sites, nor may you create a link to any part of our sites other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms.

If you wish to link to or make any use of content on our sites or applications other than that set out above, please contact info@mylotus.com.

Prohibited uses of our services

You may use our services only for lawful purposes. You may not use our services:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our sites or applications in contravention of these terms.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our services;
    • any equipment or network on which our sites or applications are stored;
    • any software used in the provision of our services; or
    • any equipment or network or software owned or used by any third party.

Rules about interactive services

We may from time to time provide interactive services on our sites and applications, including, without limitation:

  • Chat rooms.
  • Bulletin boards.
  • Messaging functions.
  • Blog and comments boards.

(interactive services).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our sites or applications, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our sites or applications, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Our content standards

These content standards apply to any and all material which you contribute to our sites and applications (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Rules about suspension and termination

We will determine, in our discretion, whether there has been a breach of these terms of use through your use of our services. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms of use may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our services.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our sites or applications.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.

Transfer of rights and obligations under this agreement

We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations to another person if we agree in writing.

No rights for third parties

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.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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.

Contact Details

Concepta Diagnostics Ltd
The Exchange Building
Colworth Park
Sharnbrook
Bedfordshire
MK44 1LZ
info@mylotus.com

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