T&C

T&C

Thank you for choosing to use our platform. Please note that use is subject to the following General Terms of Use (hereinafter referred to as “Terms” ). Therefore, we ask you to carefully read and accept these terms and conditions, as well as our privacy policy, before using our platform for the first time. Unfortunately, it is not possible to use our platform without prior acceptance of these provisions.

Content

Leila is a purely web-based platform offered and operated by us, Leila Fertility GmbH, c/o Factory Works GmbH, Rheinsbergerstraße 76/77, 10115 Berlin, represented by the management (hereinafter referred to as “Leila” ) under www.leila-fertility.com and any associated sub-domains.

What can Leila do for you?

Regardless of whether you want a natural pregnancy or are already undergoing medical treatment for artificial insemination – thanks to Leila you now have the opportunity to quickly and easily contact qualified reproductive doctors with your questions via video telephony and quickly find clarity.

Who can you turn to?

If you have any questions or technical problems with our platform, you can contact us at any time by e-mail at [email protected]
This also applies if a term used by us in the context of these provisions is unclear to you or if you have questions about these provisions or our range of services.

Note: For a better understanding of the following provisions, we will give you a brief summary of what is regulated in each section at the beginning. Please note that these summaries are for convenience only and do not have any legally relevant explanatory content. You can recognise the individual sections by the fact that they are numbered in ascending order.

1. Subject matter and scope of application

In this section you will find out more about the purpose of these regulations and to whom they apply in detail. It also tells you where you can find the current version of these rules at any time.

These terms and conditions apply to our entire range of services which you can access at www.leila-fertility.com and any associated sub-domains and are intended to govern the contractual relationship between you and us, Leila Fertility GmbH.
Deviating provisions shall not be recognised by us as a matter of principle. Anything to the contrary can only apply by express written agreement.
You may only use our range of services if you have reached the age of 18 and are a consumer within the meaning of § 13 BGB. A consumer is any natural person (human being) who enters into a legal transaction (e.g. a purchase contract) for purposes that cannot be attributed to his or her commercial or self-employed activity. Our range of services is intended exclusively for use in the private sphere of life and may therefore not be used by you for professional or commercial purposes. Entrepreneurs in the sense of § 14 BGB (German Civil Code) are therefore excluded from using our range of services. Anything else may only apply by express written agreement. If you need to be represented by a third party in business matters (limited legal capacity), the use of our range of services is only permitted if the consent (approval) of the third party authorised to represent you has been obtained beforehand.
You can access, download and print the current version of the regulations at any time at www.leila-fertility.com.

2. Our range of services

In this section you will find out what services we offer you and where you can find information about our full range of services at any time.

The core of our services is the provision of medical counselling in the field of reproductive medicine, which you can access online via video-telephony (fertility counselling hour).
All medical counselling services are provided by appropriately qualified medical service providers (in our case reproductive physicians). We expressly do not provide any medical services ourselves, but only act as intermediaries. You also have the option of booking counselling sessions with selected fertility coaches. Most of them have no medical training, but are trained naturopaths or coaches.

We reserve the right to adjust our range of services at any time with effect for the future. We can therefore not guarantee the permanent existence of certain offers.
You can find more information about our range of services at www.leila-fertility.com.

3. Contractual relationship

In this section you will find out how a user agreement is concluded between you and us on the basis of these provisions, who is expressly not a contractual partner or is not to become a contractual partner and when the user agreement ends.

The use of our range of services is only possible after the conclusion of an effective contract of use on the basis of these provisions.
A contract of use between you and us comes into being when you make a binding booking for a fertility counselling session on our platform. To do this, visit our platform at www.leila-fertility.com and click on the button with the inscription “Book now”. You can then add the desired number of fertility counselling sessions to your personal shopping cart by clicking on the button labelled “Add to cart”. You can start the checkout process by clicking on the button labelled “Order” in the shopping cart. You will then be taken to an overview page where you can check your order once again and provide us with additional information about yourself that is absolutely necessary for the processing of the contract with you (contact information, payment information and billing address). You complete the booking bindingly by clicking on the button with the inscription “Order” on the overview page (time of the conclusion of the contract).

Please note that you must confirm to us that you have read and accept these terms and conditions and our privacy policy by ticking the relevant box before completing your booking.
As a precautionary measure, we would like to point out that the contract of use, which comes into effect through the binding booking of the fertility counselling session, applies exclusively in the relationship between you and us for the purpose of making use of our range of services. The contract of use expressly does not apply to the provision of medical services which, according to legal or comparable regulations, may only be provided by appropriately qualified medical service providers.
Any third parties, such as medical service providers (in our case reproductive doctors, naturopaths and coaches), are and shall expressly not be contractual partners of the contract of use concluded on the basis of these provisions. If third parties provide medical services, this is done exclusively on the basis of an individual contractual agreement between the respective medical service provider and you (treatment contract).
The user contract ends automatically after the service has been provided. The service is deemed to have been provided after you have received an email from us with access to your personal fertility counselling session.

4. Prices and payment processing

In this section you will find out how the prices for our range of services are made up and exactly how the payment process works.

All prices shown within the scope of our range of services already include the statutory value-added tax. The payment will be handled entirely by us. This means that you will not be charged any further costs by the respective medical service provider who carries out your booked fertility counselling session with you. The medical services provided by our cooperation doctors are invoiced within the framework of a so-called assignment of claims. By booking the fertility counselling session via our platform, you agree to the assignment of claims as well as the data transfer necessary for this and are then obliged to pay us exclusively.
We work with the external payment service providers PayPal and Stripe to process payments. Further information on the handling of your personal data in the context of payment processing can be found in our privacy policy. You can access, download and print the current version of the data protection declaration at any time at www.leila-fertility.com.

5. User obligations

In this section, you will find out what obligations you have as a user of our platform and the services we offer there.

As a user of our platform and thus of our range of services, you are exclusively entitled to the rights to our range of services granted in accordance with these provisions. All content published via our platform (e.g. texts, images and videos) is fundamentally protected by copyright and is generally our property or licensed by us accordingly.
You may only use our platform as well as our range of services appropriately and in particular not disseminate any prohibited, disparaging, insulting, violence-glorifying and/or pornographic content.
Furthermore, we would like to point out once again that our range of services is intended exclusively for use in the private sphere of life and may therefore not be used by you for professional or commercial purposes.

6. User data

In this section, we inform you that we collect and process personal data from you in connection with our platform and our range of services within the meaning of the General Data Protection Regulation. We also show you where you can find further information on this.

We collect and use your personal data within the meaning of Art. 4 No. 1 of the General Data Protection Regulation to initiate and process the contractual relationship with you. Accordingly, personal data is all information that can be assigned to a specific person (e.g. you). This includes, among other things, your billing address or payment information.

Details about the use of and our handling of your personal data can be found in our privacy policy at any time. You can access, download and print the current version of the data protection declaration at any time at www.leila-fertility.com.

7. Warranty rights, guarantees and availability

In this section, we explain to you what rights you can invoke in the event of defects and inform you about any guarantees offered (including with regard to the availability of our platform).

Our warranty for material defects and defects of title shall be governed exclusively by the applicable statutory provisions – in particular §§ 434 ff. BGB.
We expressly do not guarantee that the use of our range of services will lead to an improvement in your well-being or state of health. In particular, we do not owe you any specific success in this regard.
As a matter of principle, we do not issue any guarantees. If, in exceptional cases, we do advertise guarantees, the details of these are set out in the respective guarantee conditions which we provided to you in text form prior to the conclusion of the contract.
We guarantee an availability of 98 percent of our range of services. Excluded from this are times when maintenance work is being carried out on servers and/or software. We will inform you about planned maintenance work and any downtimes that may be associated with it with an appropriate lead time.

8. Cancellation policy

In this section we inform you – as a consumer in the sense of § 13 BGB – about your statutory right of withdrawal. Your right of withdrawal is not unlimited, but may be excluded under certain conditions. Please note that in the following we use “you” to address you. We do this because we are not allowed to deviate from the legally prescribed sample text.

Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form for this purpose, but this is not mandatory.To comply with the withdrawal period, it is also sufficient for you to send the notification of the exercise of this right of withdrawal before the expiry of the withdrawal period.Your right of withdrawal expires prematurely if we have provided the service in full and have only started to perform the service after you, as a consumer, have given your express consent to this and at the same time have confirmed your knowledge that you lose your right of withdrawal upon complete performance of the contract by us.

Consequences of cancellation:
If you cancel this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable contribution, which corresponds to the proportion of the services already provided up to the time at which you have informed us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the service provided for in the contract. If our service has been provided free of charge, you are not entitled to a refund.

Sample cancellation form:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods: _____________ (*) / the provision of the following service: _______________ (*)
Ordered on: _________________(*)/erhalten am: ______________(*)
Name of consumer(s): ____________________________
Address of consumer(s): __________________________________
Signature of consumer(s): __________________________________
(only if communication is on paper)
Date: _________________
(*) Delete where inapplicable

You can send your cancellation either by post toLeila Fertility GmbH c/o Factory Works GmbH
Rheinsbergerstraße 76/77
10115 Berlin or by e-mail to [email protected]

9. Disclaimer

In this section, we explain to you the extent to which we are liable to you as the provider of our platform and the associated range of services.

In the event of liability
under the Product Liability Act
in cases of intent or fraudulent misrepresentation
in cases of gross negligence
for injury to life, limb or health
if the supplier assumes a guarantee
in the cases of § 288 para. 6 sentence 1 BGB as well as
in all other cases of statutory liability
we shall be liable to you, in accordance with the statutory provisions, for reimbursement of expenses and damages.

Furthermore, we are liable to you for damages in the event of a culpable breach of essential contractual obligations (so-called cardinal obligations) in accordance with the statutory provisions. Cardinal obligations in this sense include all obligations whose breach jeopardises the achievement of the purpose of the contract as well as those obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance you as a user may regularly rely. Insofar as the breach of cardinal obligations is only slightly negligent and does not result in injury to life, limb or health, your claims for damages are limited to the amount of the typical foreseeable damage.

Otherwise, claims for damages against us – irrespective of the legal grounds, but in particular from the breach of obligations from an existing or a pre-contractual obligation (e.g. in the sense of § 311 para. 2 BGB) as well as from § 311a para. 2 BGB or from tort – are excluded.

We do not accept any liability for services marked as such by third parties who are neither our legal representatives, employees nor vicarious agents. If these services are provided on the basis of a contract with you, reference is made to the respective contractual terms and conditions of the corresponding third-party provider with regard to liability. In particular, we shall not be liable for damages that arise due to faulty or incorrect data records or incorrect handling by a service provider. The respective service provider is solely responsible to you for this.

Any statutory liability privileges that may exist shall remain unaffected by this exclusion of liability.
Insofar as our liability as provider is limited or excluded in accordance with the above provisions, this exclusion of liability also applies to the personal liability of our legal representatives, employees and vicarious agents.

A change in the burden of proof to your disadvantage is not associated with the above regulations.
Your claims for damages shall become statute-barred within the statutory limitation periods from the start of the statutory period.

10. Final provisions

In this section we regulate various points that are relevant to your contractual relationship with us.

The language available for concluding a contract with you is German. However, we reserve the right to offer other contract languages in the future. If we already offer several contract languages at the time of concluding the contract with you, the German language version of these provisions shall prevail in the event of any contradictions. All disputes arising from or in connection with a contract concluded on the basis of these provisions shall be governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for all disputes arising from or in connection with an agreement concluded on the basis of the present provisions shall be our registered office (agreement on the place of jurisdiction). The place of performance for all contractual obligations arising from or in connection with an agreement concluded on the basis of these provisions is our registered office (determination of the place of performance). The text of the contract, as well as these terms and conditions, will be stored by us and can therefore also be made available to you at a later date (storage of contract text).
According to applicable law, we are also obliged to inform you as a consumer within the meaning of Section 13 of the German Civil Code (BGB) about the existence of the EU dispute resolution platform (so-called ODR platform). This platform can be used for the settlement of disputes between entrepreneurs and consumers without having to go to court. The European Commission is responsible for setting up the ODR platform. You can access the ODR platform via the following link: HTTPS://EC.EUROPA.EU/ODR . We would like to point out that we are not obliged or willing to participate in such a dispute resolution procedure (online dispute resolution).
Amendments to these provisions must be made in text form. This also applies to the amendment of this clause.

11. Amendment of these provisions

In this section, we explain how we will notify you of proposed changes to these Terms of Service and advise you of your right to object to such changes.

We reserve the right to amend these provisions with effect for the future in order to be able to respond appropriately to changes in the law, changes in case law or changes in economic circumstances.
We will notify you in good time of any change we intend to make to these terms and will make the specific change available to you in full.
A change to these terms and conditions will only become effective if you do not expressly object to it, i.e. in writing (e.g. by e-mail or letter), within 4 (in words: four) weeks of receipt of our notification of the intended change. We will also expressly point this out to you again within the scope of the notification. Please note that your objection entitles us to terminate agreements concluded with you on the basis of these provisions within a reasonable period of time.

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