Terms of use of this website
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.babythoughts.co.uk ("our site"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Any services made available to you on or via the website maybe subject to additional terms and conditions which are in addition to and may supplement or amend these terms of use and which you will be required to accept when using this website.
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General
www.babythoughts.co.uk is an interactive online service site operated by Hayeson Limited ("we/us/our"). We are a private limited company registered in England and Wales under company number 07462738.
The site provides an online network which solely enables prospective donors and donor recipients to make contact with each other.
In the event that a user of the website finds a suitable donor or donor recipient we recommend each individual to take independent advice. We accept no liability or responsibility for any dealings or communications, which may arise, between prospective donors and donor recipients further to us enabling the parties to contact each other. Users of the website acknowledge that we will not in any way be construed as a party to any such communication or dealings nor be liable or responsible for any such communication or dealings.
Under no circumstances do we provide medical advice, carry out medical checks or have any involvement in any potential egg donation or IVF procedure. We strongly recommend the involvement of a clinic licensed by the Human Fertilisation & Embryology Authority ("HFEA licensed clinic") in any discussion or process involving egg donation or fertility treatments.
Potential donors and donor recipients should be aware that there is a strict regulatory framework, which any potential egg donation needs to follow. We cannot, and do not purport to, advise you on the legal requirements of any potential donation and recommend that advice should be sought from your chosen HFEA licensed clinic.
The information contained on this website for donors and donor recipients is purely a communication tool. We cannot guarantee the suitability of a chosen donor and accept no liability if following independent advice and checks the donor and the donor recipient are not a suitable match.
Potential donor and donor recipients are strongly recommended to seek appropriate counselling, obtain legal advice, use a HFEA licensed clinic and should note that no party, particularly the potential donor, should receive any form or reward for being a donor other than the reimbursement of reasonable expenses incurred during the process.
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Modified Terms
We reserve the right at all times to discontinue or modify any or our terms of use and/or our privacy policy and/or our acceptable use policy as we deem necessary and desirable. If we make any substantial changes, we will notify you by sending an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the site.
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Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us and to visitors of the site.
When using our site, you must comply with the provisions of our acceptable use policy as detailed Schedule 1 of these terms of use.
By using our website you agree that you will only use the website in a manner that is consistent with these terms of use and agree not to post material which is offensive, derogatory or defamatory in nature, or which may, in our judgement, cause annoyance or anxiety to any person.
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Registration
In order to access certain areas of our website you will be required to register as a member of the website. You agree that the information you provide during the registration process is true, accurate and current and complete in all respects and you agree to notify us as soon as possible of any changes to the information provided during the registration process.
All passwords and usernames provided or chosen by you during the registration process or any other piece of information disclosed as part of our security procedure, must be treated as confidential information at all times and not disclosed to any third party.
Each user is solely responsible for maintaining the confidentiality of his or her own password and username and each user is responsible for all actions taken using their unique password and username, including any fees incurred.
You agree to notify us immediately of any unauthorised use of your username and password or any other breach of security which you become aware of.
We have the right to disable any username or password, or terminate your account, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
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Fees
Registration to the website is free. Should users wish to make contact with any of the donors registered on the website an introduction fee will be payable. Upon receipt of the introduction fee we will email you within 24 hours with the contact details of the potential donor.
We make reasonable efforts to verify the details of each individual donor, however if a donor does not transpire to be as advertised (in terms of the basic personal information contained on the website) or is not contactable the full introduction fee will be reimbursed. Any reimbursements will be entirely at our discretion.
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Confidentiality
Any personal information, including but not limited to names, email addresses, contact details, and any other information provided to enable contact between the potential donor and donor recipient, released to the potential donor or donor recipient shall at all times be treated as confidential information. Each party agrees to treat such information with the utmost confidentiality. Users agree that any personal and sensitive information disclosed to them is solely for their information and agree not to pass or disclosed any such information to any third party.
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Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, 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 site for your personal reference.
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 material on our site must always be acknowledged.
You must not use any part of the materials on our site 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 site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
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Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor or registered user of our site, or by anyone who may be informed of any of its contents.
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Our liability
We do not warrant the content, accuracy or veracity of the contents of the site and each user accepts the site 'AS IS' with any faults or failings and without any representation warranty or guarantee whatsoever express or implied.
We bear no responsibility for checking the health and legal status of the users of the site. We bear no responsibility for checking the identities of the potential donor or donor recipients, for confirming that they are healthy and free from any transmittable and genetic diseases or for guaranteeing their legal status.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, hereby expressly exclude; any liability for any injury, loss, claim, damages or any special, incidental, consequential, exemplary punitive damages of any kind arising out of or in connection with any users access to, use of the site and any material therein, an inability to use the website and any websites linked to it.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
In the event that this exclusion of liability is held by a court to be unlawful, but the liability may be lawfully limited, our aggregate total liability to any user for all such damages and losses shall be limited to the introduction fee paid by the user suffering the loss.
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Information about you and your visits to our site
We process information about you in accordance with our privacy policy as detailed in Schedule 2 of these terms of use. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
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Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy as detailed in Schedule 1 of these terms of use. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy as detailed in Schedule 1 of these terms of use.
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Linking to our site
You may link to our home page from a website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable use policy as detailed in Schedule 1 of these terms of use.
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Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
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Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
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Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
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Your concerns
If you have any concerns about material which appears on our site, please contact info@babythoughts.co.uk
Schedule 1 - Acceptable use policy
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Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
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In any way that breaches any applicable local, national or international law or regulation.
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In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
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For the purpose of harming or attempting to harm others in any way.
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To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
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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:
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Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of use.
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Not to access without authority, interfere with, damage or disrupt:
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any part of our site;
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any equipment or network on which our site is stored;
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any software used in the provision of our site; or
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any equipment or network or software owned or used by any third party.
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 site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
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Interactive services
We may from time to time provide interactive services on our site, including, without limitation:
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Chat rooms.
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Bulletin boards.
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("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 site, 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 site, 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.
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Content standards
These content standards apply to any and all material which you contribute to our site ("contributions"), and to any interactive services associated with it.
Contributions must:
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Be accurate (where they state facts).
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Be genuinely held (where they state opinions).
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Comply with applicable law in the UK and in any country from which they are posted.
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Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
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Contain any material which is defamatory of any person.
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Contain any material which is obscene, offensive, hateful or inflammatory.
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Promote sexually explicit material, violence or any illegal activity.
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Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
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Infringe any copyright, database right or trade mark of any other person.
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Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
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Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
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Be likely to harass, upset, embarrass, alarm or annoy any other person or to deceive any person.
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Be used to impersonate any person, or to misrepresent your identity.
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Give the impression that they emanate from us, if this is not the case.
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Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
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Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
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 this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
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Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site
Schedule 2 - Privacy Policy
Hayeson Limited ("We") are committed to protecting and respecting your privacy.
This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the "Act"), the data controller is Hayeson Limited a private limited company registered in England and Wales under company number 07462738.
Information we may collect from you
We may collect and process the following data about you:
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Information that you provide by filling in forms on our site www.babythoughts.co.uk ("our site"). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
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If you contact us, we may keep a record of that correspondence.
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We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
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Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
Ip addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
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To estimate our audience size and usage pattern.
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To store information about your preferences, and so allow us to customise our site according to your individual interests.
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To speed up your searches.
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To recognise you when you return to our site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
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We use information held about you in the following ways:
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To ensure that content from our site is presented in the most effective manner for you and for your computer.
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To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
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To carry out our obligations arising from any contracts entered into between you and us.
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To allow you to participate in interactive features of our service, when you choose to do so.
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To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about services which may be of interest to you and we or they may contact you about these by email.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please email us at info@babythoughts.co.uk.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If we are acquired by a third party, in which case personal data held by us about our members will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or to protect the rights, property, or safety of Hayeson Limited. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@babythoughts.co.uk.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@babythoughts.co.uk.
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