1. Detailed description of services

Nurture Egg Donors CC (“Nurture”) is engaged in the practice of coordinating egg donation arrangements between a suitable woman (hereinafter referred to as “Donor”) and individuals or couples (hereinafter referred to as “Intended Parents”) who desire a child. Nurture has developed and operates an online database of such Donors.

2. Terms of Use

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Nurture website located at the domain name www.nurturedonors.com (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website.

For the purposes of this Agreements terms like “our”, “we” and/or “us” shall mean Nurture.

3. Website Contents

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to information on donors, procedures, services and pricing. In addition, some of the information displayed on the website is based on information supplied to us by third parties. Although we endeavor to be as factual as possible, we can not guarantee 100% accuracy. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Nurture.

You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.

4. Comments

We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by or in connection with your use of the Website (“Comments”), but please note that Nurture will not be obliged to respond to, maintain or compensate you in any way whatsoever for your Comments. Once disclosed, submitted or offered, your Comments shall become the property of Nurture. Nurture will thus exclusively own all such rights, title and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise, of any of the Comments.

You warrant that the Comments disclosed, submitted or offered by you to the Website do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that will be or will contain any defamatory, unlawful, abusive or obscene material. Nurture disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding the contents of your Comments.

4. Limited License to General Users

This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Nurture.

The User may not frame nor use framing technologies to enclose the Nurture Website or the Content nor any part thereof without the express written consent of Nurture.

5. Links to other Websites and services

This Website may contain links to other websites that are not under the control of Nurture. Nurture has no responsibility for the linked websites nor does it necessarily endorse the linked websites. Nurture provides the links solely for the convenience and information of its Website users.

6. Liability

You expressly agree that use of the Website, specifically including any election by you to provide certain personal information on the website is entirely at your own risk. Neither Nurture nor any of its agents or representatives shall be liable for any direct or indirect special, consequential or other damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and advertised through or on this Website or of any linked website, even if Nurture is expressly advised thereof.

Furthermore, Nurture makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website, its servers or email sent from Nurture are free from viruses other harmful components, errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to Nurture. Nurture will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive and consequential damages.

This Website is supplied on an “as is” and ‘as available’ basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Nurture that the service available from and through this Website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software. Nurture makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content or services included on this site. You expressly agree that your use of this site is at your sole risk.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice, comprehensive medical advice or the official opinion of Nurture and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

To the full extent applicable by law, Nurture disclaims all representations and warranties, express or implied, including but not limited to warranties as to the availability, accuracy or content of information or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.

You agree to defend, indemnify and hold Nurture harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website.

You furthermore agree that if you intend to complain, make a claim or take legal proceedings of any kind this action will be against Nurture and no other involved party with the exception of the private courier.

7. Customer Privacy Policy

Nurture receives various types of information (“the Information”) from Users who access the Website. Nurture makes every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Nurture will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Nurture through the Internet, or that you expressly or implicitly authorise Nurture to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and policies of Nurture, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions.

Your privacy and confidentiality is of utmost importance to us, and Nurture does not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties. We do however reserve the right to disclose information regarding usage of the Website to each other and, amongst others, business partners and affiliates, including, but not limited to, its advertisers, suppliers and other selected third parties. Nurture may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Nurture uses this information to determine use of the Website, and to improve Content thereon. Nurture assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Nurture aspires to provide first-class service to its customers, which necessitates Nurture providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please contact the Nurture Help Desk at info@nurture.co.za .

Nurture understands that efficiency and customer care translates to good service. Nurture may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Nurture will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys.

Nurture may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.

Nurture shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:

http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

8. Copyright and Intellectual Property

Nurture provides certain information on the Website. Content currently or anticipated to be displayed at this Website is provided by Nurture, its affiliates and/or subsidiary, or any other third party owners of such content (“the Content”). Users may download, view and print content from this Website for private and non-commercial use only and may not copy, distribute, show in public or create any derivative work from the Website unless properly licensed to do so by Nurture. Unless otherwise indicated, all content included on this site such as text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations and software is the property of Nurture or its content suppliers. Unless otherwise indicated, all further proprietary works, and the compilation of the proprietary works, are also copyright of Nurture and all of the abovementioned is protected by South African and international copyright laws, to which you agree to adhere.

You agree that any Contents of whatsoever nature or description which you acquired or may acquire or which may come into your possession as a result of the use of this Website, shall remain the property of the Nurture and you undertake not to use, copy or pring such Contents for any purpose other than to place an order or to utilise the services rendered by Nurture. The material on the website may not be used for any other reason.

Any Contents obtained by you from the Website shall be returned to Nurture or deleted on request from Nurture.

Nurture reserves the right to make any changes to the Website, the Content, or to services offered through the Website at any times and without notice.

All rights in and to the Content is reserved and retained by Nurture.

Nurture cannot screen or edit all the content available from the Nurture Website and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Nurture of any content that may be offensive or illegal by writing to info@nurture.co.za

9. Governing Law and Country of domicile

You hereby consent and submit to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by either party against the other, and in any way arising from the Terms or the use of the Website.

This Website is hosted, controlled and operated from the Republic of South Africa and therefore at all times governed by. South African Law and Nurture chooses 12 Formby Road, Oakhill, Sunningdale, Table View, South Africa as its domcilium cetandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

10. Arbitration

In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English.

Each of the parties hereby irrevocably agrees that the decision of the Arbitrator in arbitration proceedings shall be final and binding on them and may be made an Order of Court to whose jurisdiction the parties to the dispute are subject.

11. General

If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from this Agreement and shall not affect the enforceability and validity of the remaining items of the Agreement.

This Agreement constitutes the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by Nurture shall not be construed as a waiver or variation of any of our rights or remedies.

Nurture reserves the right to alter or withdraw any of its internet services, to refuse its services to any customer and to amend these conditions on written notice from Nurture at any time. Nurture will not be responsible for any breach of these conditions caused by circumstances beyond its control.

If Nurture is informed of any inaccuracies in the material on its website, it will attempt to correct the inaccuracies a soon as possible.

Nurture shall not be liable to the User on any account whatsoever in the event that Nurture is prevented from fulfilling its obligations hereunder due in whole or in part to an event or force of majeure which expression shall mean act of God, war, fire, flood, storm, power failure, reduction of power supplies, mechanical failure or lack or shortage of materials or stock or any other circumstances beyond its reasonable control; and whether or not within its control, strikes, lock-outs or industrial disputes in relation to Nurture or any other party or any action taken by it in connection therewith or in consequence or the occurrence thereof. In such event Nurture may at its option either suspend performance or cancel the contract in question or so much of it as remains unperformed without liability for any loss and without prejudice to Nurture’s rights to receive payment of the price of all services previously rendered.

12. Variation

Nurture reserves the rights to change, modify, add to or remove from portions or the whole of these Terms from time to time in its sole discretion and at any time without notice. Changes to these Terms will become effective upon such changes being posted to this Website. It is your responsibility to periodically check these Terms and should you continue to use the Website following the posting of changes or updates your use will be considered notice of your acceptance to abide by and be bound to these Terms including the changes/updates.

13. Company Information

This website is run by Nurture Egg Donors CC, based in South Africa, registration number 2008/042817/23.

In the event that you need to contact Nurture for purposes related to these Terms and Conditions, please use the following:

Telephone: 0824418639  Fax: 0219759836   Email: info@nurture.co.za

© Nurture Egg Donors CC 28/02/2008

This page was most recently updated on the 30 June 2008