General Terms of Use of the Website
The terms and conditions set out below govern access to and use of the website www.iniciofertility.com, whose owner and information society service provider is INNOVA CRYOBANK, with Tax ID (CIF) B26570630, trading commercially under the name Inicio Fertility, with registered address at Colón de Larreátegui K., 47, Abando, 48011 Bilbao, Bizkaia, Spain, and contact email address info@iniciofertility.com.
The activity carried out through the website is that of a reproductive medicine clinic. The centre holds Healthcare Registration no. 1648007365 and EU TE CODE ES020376.
The terms “site” or “website” include the data, texts, graphics, images, animations, musical works, videos, sounds, drawings, photographs and other elements contained therein and, in general, all creations expressed by any means or medium, whether tangible or intangible, protected by intellectual property and industrial property legislation and other legal provisions.
The user is aware that access to and use of the services and content of the site is carried out under their sole and exclusive responsibility.
Access to the website and/or the viewing of its content or use of the services contained in the website implies that the user expressly accepts these general terms of use and therefore acquires a series of rights and obligations intended to ensure the proper enjoyment of the services and content available on the site and made available to the user by Inicio Fertility.
The status of user is acquired by accessing the website. The user shall use the services and content exclusively for private purposes, excluding any subsequent use of them for profit or for any direct or indirect benefit.
Should these general terms be replaced in whole or in part by others, such new general terms shall be deemed to be accepted in the same manner as set out above. Nevertheless, users of the website should consult these general terms periodically in order to be aware of the successive versions published here, although it is recommended that the user consult them each time they intend to access or make use of the services and content.
Should the user not accept these general terms or the specific terms governing the use of a particular service and/or content intended for website users, the user must refrain from accessing the website and/or must cease browsing it.
The user must put in place appropriate technical security measures to prevent unwanted actions affecting their information system, files and computer equipment used to access the internet and, in particular, the website, being aware that the internet is not entirely secure.
1. Purpose of the website
By accessing the site, the user may enjoy the use of various content and services offered by Inicio Fertility or, where applicable, by third parties, on the terms established for them.
The website is primarily informational in nature and its purpose is to provide information about the services, treatments and activity of Inicio Fertility, a clinic specialising in reproductive medicine and assisted reproduction.
The information published on the website does not in itself constitute a medical diagnosis or therapeutic recommendation, nor does it replace the individual assessment carried out by a healthcare professional.
Inicio Fertility may unilaterally and without prior notice modify the provision, configuration, content and services of the site, as well as its terms of use and access to the services provided, without prejudice to the provisions of the specific terms governing the use of a particular service and/or content.
The cost of telephone access or any other expense arising from connecting to the website shall be borne exclusively by the user
2. Rights and obligations of the user
2.1. The user may:
- Access the content and services of the site available as such free of charge and without the need for prior authorisation, without prejudice to the technical or specific conditions, or the need for prior registration, in respect of particular services and content as established in these general terms or in the specific terms governing those services.
- Use the services and content available exclusively for private purposes.
- Make correct and lawful use of the site, in accordance with applicable law, morality, generally accepted standards of behaviour and public order.
2.2. The user may under no circumstances:
- Access or use the services and content of the site to commit unlawful acts or acts contrary to applicable law, morality, generally accepted standards of behaviour and public order, for purposes that harm the rights and freedoms of third parties, or that may in any way impair, damage or prevent access to them, to the detriment of Inicio Fertility or of third parties.
- Use the services, in whole or in part, to promote, sell, contract or disseminate advertising or information of their own or of third parties without the prior written authorisation of Inicio Fertility.
- Enter information on the website or use the services available on it for the purpose of directly or indirectly infringing the rights, and most particularly the fundamental rights and public freedoms, of other users of the website or of Inicio Fertility.
- Include hyperlinks to this website on their own private or commercial web pages that are not limited solely and exclusively to accessing its home page.
- Use the services and content offered through the site in a manner contrary to the general terms of use and/or the specific terms governing the use of a particular service and/or content, and to the detriment or impairment of the rights of other users.
- Perform any act that prevents or hinders users’ access to the site, or access to the hyperlinks to the services and content offered by Inicio Fertility or by third parties through the website.
- Use any type of computer virus, code, software, computer program, or computer or telecommunications equipment that may cause damage to or unauthorised alterations of the content, programs or systems accessible through the services and content provided on the website, or of the information systems, files and computer equipment of the users thereof; or gain unauthorised access to any content and/or services of the website.
- Remove or alter in any way the protection or identification devices of Inicio Fertility or of the legitimate rights holders that may be contained in the content hosted on the website, or the symbols that Inicio Fertility or the third-party legitimate rights holders incorporate into their creations protected by intellectual or industrial property rights that appear on this website.
- Include on websites under their responsibility or ownership “metatags” corresponding to trade marks, trade names or distinctive signs owned by Inicio Fertility. Reproduce the website in whole or in part on another website. Users may not frame the site or the websites accessible through it in a way that conceals or alters content, advertising spaces and trade marks of Inicio Fertility or of third parties, irrespective of whether or not this constitutes an act of unfair competition or confusion.
- Create frames within a website under their responsibility or ownership that reproduce the home page and/or the pages accessible through it belonging to this website, without the prior authorisation of Inicio Fertility.
- Include on a website under their responsibility or ownership a hyperlink that generates a window or session of the browsing software used by a user of their website in which trade marks, trade names or distinctive signs of their own are displayed and through which the main web page or any of the pages accessible through it is shown.
- Use the trade mark, trade names or any other identifying sign subject to intellectual or industrial property rights without the prior express written authorisation of its owner.
- Perform any act involving the reproduction, distribution, copying, rental, public communication, transformation or any other similar act entailing the modification or alteration of all or part of the content and services of the site, or the commercial exploitation thereof, without the prior written authorisation of Inicio Fertility or of the third party owning the intellectual and industrial property rights over the services or content of the website, and except as provided in these general terms or, where applicable, in the specific terms governing the use of a service and/or content available on the website.
3. Rights and obligations of the service provider
Inicio Fertility reserves the following rights:
- To modify the conditions of access to the site, whether technical or otherwise, unilaterally and without prior notice to users, without prejudice to the provisions of the specific terms governing the use of a particular service and/or content intended for website users.
- To establish specific terms and, where applicable, to require payment of a price or other requirements for access to certain services and/or content.
- To restrict, exclude or make conditional the access of users where there are not full guarantees of correct use of the site by them in accordance with the obligations and prohibitions they have assumed.
- To discontinue the provision of a service or the supply of content, without any right to compensation.
- To modify, remove or update all or part of the content or services offered through the site, without the need for prior notice.
- To take any legal or judicial action that may be appropriate to protect the rights of INICIO Fertility and of third parties providing their services or content through the site, wherever such action is warranted.
- To claim any compensation that may arise from the improper or unlawful use of all or part of the services and content provided through the site.
4. Exclusion of warranties and liability
Inicio Fertility gives no warranty and shall under no circumstances be liable for damages of any nature that may arise from:
- The unavailability, maintenance or effective operation of the website, or of its services and content.
- The presence of viruses or malicious or harmful programs in the content.
- Unlawful, negligent or fraudulent use, or use contrary to these terms of use.
- The lack of lawfulness, quality, reliability, usefulness and availability of the services provided by third parties and made available to users on the website.
- The provider shall not be liable under any circumstances for any damages that may arise from the unlawful or improper use of this website.
The healthcare information contained on the website is general and informational in nature and does not, under any circumstances, replace individual consultation, assessment, diagnosis or treatment by a healthcare professional.
5. Intellectual and industrial property
The user acknowledges that the content and services offered through the site, as well as the trade marks, trade names and distinctive signs, are protected by intellectual and industrial property legislation. The copyright and economic exploitation rights over this site belong to Inicio Fertility and/or third-party entities.
The provision of the services and the publication of the content through the site shall under no circumstances entail the assignment, waiver or transfer, in whole or in part, of the ownership of the corresponding intellectual and industrial property rights by Inicio Fertility and/or its third-party legitimate rights holders.
Under no circumstances may the user make any use of the services and content available on the site other than exclusively personal use.
No part of this website may be reproduced, distributed, transmitted, copied, publicly communicated or transformed, in whole or in part, by any manual, electronic or mechanical system or method (including photocopying, recording or any information retrieval and storage system), through any medium now known or hereafter invented, without the consent of Inicio Fertility.
The use, in any form, of all or part of the content of the site is subject to the requirement to request prior authorisation from Inicio Fertility and/or third-party legitimate rights holders and to the acceptance of the corresponding licence, where applicable, except as provided in respect of the rights recognised and granted to the user in these general terms or as established in the specific terms that Inicio Fertility may see fit to lay down to govern the use of a particular service and/or content offered through the website.
Should any culpable or negligent act or omission directly or indirectly attributable to the user of the website that gives rise to the infringement of the intellectual and industrial property rights of Inicio Fertility or of third parties, whether or not the user derives any benefit from it, cause Inicio Fertility to incur damages, losses, joint and several obligations, expenses of any nature, penalties, coercive measures, fines or other amounts arising or derived from any claim, lawsuit, action, suit or proceeding, whether civil, criminal or administrative, Inicio Fertility shall be entitled to take action against the user by all legal means available to it and to claim any compensation legally due.
6. Hyperlinks
The use of hyperlinks to the website will only be authorised by Inicio Fertility by means of written authorisation, and provided that the hyperlink is created on the following terms set out in these conditions:
- The link must allow access only to the home page of this website.
- In order to avoid confusion among users of the website, it is prohibited to load any page belonging to the website within one of the sections of another web page divided into frames, in such a way as to distort the presentation of this website and mislead internet users (“framing”).
- Authorisation to insert a link shall under no circumstances imply consent to reproduce the visual and functional aspects (“look and feel”) of this website.
- Likewise, the creation of a browser environment or navigation bar over the pages that make up this site is explicitly prohibited without prior authorisation.
- The hyperlink may consist of text only. In order to use graphics or logos, a licence to use the graphics or logos of Inicio Fertility must first be obtained. In all cases, the text must state unequivocally that it links to this website. In general, the appearance, visual effect, placement and, in general, the characteristics of the hyperlink must make it clear that it leads to the website of Inicio Fertility and that the latter is independent and is not bound by any relationship, collaboration, association, sponsorship, employment or any other kind of link to the web page containing the hyperlink.
- Any web page containing a hyperlink to the website of Inicio Fertility must without exception comply with these general terms of use of the website, must consist of fair and lawful hyperlinks and must comply with all applicable legal provisions and with generally accepted standards of morality and behaviour.
- In particular, authorisation to insert hyperlinks to this website shall be conditional upon respect for human dignity and freedom. The website on which the hyperlink is placed must not contain information or content that is unlawful or contrary to morality, generally accepted standards of behaviour or public order, nor content that infringes any third-party rights.
- Finally, it is prohibited to insert hyperlinks to this website on web pages whose content, references or orientation are contrary to, or incompatible with, those that inspire the website of Inicio Fertility.
7. Applicable law and jurisdiction
The fact that Inicio Fertility does not at a given time require compliance with any of the conditions established in these general terms or, where applicable, in the specific terms governing the use of a particular service and/or content intended for website users, may not be interpreted by the user as a waiver of the right to subsequently require compliance with them.
In general, the relationships between Inicio Fertility and the users of its online services available on this website are subject to Spanish law.
Any dispute that may arise from access to or use of the website shall be governed by the mandatory rules on judicial competence and jurisdiction applicable in each case.