We want you to be as informed as possible about your treatment. Please read these Terms and Conditions in conjunction with your consent for treatment. They outline the legal terms on which Fertility Associates delivers services to you and the legal obligations that we have to you as a patient.
Importantly, it also covers your obligations to Fertility Associates and the limitations of our liability to you.
It is important that you are comfortable with these Terms, therefore please read them carefully, ask about anything you are unsure of and seek independent advice if you feel you need to.
1.1 These Terms and Conditions ('Terms') apply to all the services that Fertility Associates Limited ('us') provide to you.
1.2 If after receipt of these Terms you accept a Service from us or you pay for a Service from us, you will have accepted these Terms.
1.3 Unless we have agreed something else in writing, these Terms apply. These Terms are additional to any conditions arising from written consent as part of Treatment.
1.4 Where a word set out in these Terms starts with a capital letter, that word has a special meaning given to it in the dictionary at clause 13 of these Terms. You should also read that meaning so you fully understand these Terms.
2.1 All patients will be assessed for eligibility for publicly funded fertility treatment. If your personal situation changes, this may impact your eligibility for publicly-funded treatment and our ability to provide you with the Services.
Most treatment requires written consent
3.1 We record your informed consent for treatment using a Consent Form. If the Consent Form is not fully and accurately completed, expired or withdrawn, or needs further verification, then we may be unable to provide the Service and you may incur cancellation charges.
Our obligations to you
4.1 We will provide our Services with reasonable care and skill.
4.2 We work as a team, so our Services may be provided by various members of our team. Your lead clinician may not be present at every step of your Treatment. While we will do our best to accommodate your clinician preference, we may not be able to do this across all stages of your Treatment. Sometimes a Service will take longer than expected.
4.3 The information we give you will usually include an estimated chance of a live birth for most types of Treatment, based on the most important factors that influence chance of success. You acknowledge that Treatment or the provision of any Services does not guarantee a live birth. We will not be liable to you if the Services do not result in a live birth.
4.4 If you use Preimplantation Genetic Testing ('PGT'), we very strongly advise using prenatal testing to check any PGT diagnosis as no test is 100% accurate.
4.5 We will aim to resolve any problems or complaints quickly and professionally and this will not affect your treatment in any way. Our complaints process is set out on our website.
4.7 If you use donor services or surrogacy, we adhere to the requirements of the relevant legislation. This includes keeping you updated provided you have kept your contact details with us current.
4.8 We will use our best endeavours to pass on any future information regarding your donor or surrogate according to our policy at that time but accept no liability for a failure to inform you other than the legal requirements under New Zealand legislation.
Your obligations to us
5.1 All the information you give us must be true and complete. You agree to tell us immediately if any of this information changes, or if your personal circumstances change in a way relevant to treatment or eligibility for a Service (e.g., change in partner, new medical conditions, death of a partner, new telephone number or address, or similar). You acknowledge that if information provided to us subsequently turns out to be incorrect that this may impact on your eligibility to publicly-funded treatment and our continued provision of Services to you.
5.2 If the parties, or relationships between parties, who consented to create material change, you will be responsible for seeking your own legal advice around the continued use of this material and providing us with updated consents that legally allow you to continue treatment, storage or take other steps in relation to the material. Until we are satisfied, we have all necessary written consents in place we will not be obliged to take any steps in relation to any material held by us.
5.3 You must comply with the laws of New Zealand. If any laws restrict or prohibit you from using our Services, you must notify us immediately.
5.4 You agree to regularly check the communication channels you have advised us to use, including mobile phone messages, texts, emails and messaging apps, and to respond promptly.
5.5 We expect our staff and doctors to be treated with respect and courtesy. Any verbal or physical abuse or harassment of our team will not be tolerated under any circumstances and continuation of Services could be impacted.
5.6 Please tell us of any cultural needs, special needs or personal concerns or anxieties that are important to you so that we can do our best to accommodate you during your Treatment.
5.7 You must pay your Fees on time and in full. We reserve the right to discontinue your treatment, including reallocating your clinic donor, if you are unable to pay your Fees; refer to section 3 above.
5.8 You are solely responsible for applying to extend and getting approval for your storage extension under section 7.
5.9 If you elect to use a personal donor, you are responsible for managing the relationship with that donor during and post treatment.
Paying for services
6.1 We will tell you in our written information when payment for a Service is due. If we don’t do this, the date payment is due will be shown on our invoice. If you do not pay by the due date, then we may stop providing Services to you including treatment.
6.2 Our indicative prices are available on our website and in our most recent fee brochures, each of which we may update from time to time. For Services where the cost may vary according to the details of the Service, we can give you a cost estimate. Whilst we will try our best to provide accurate estimates they are not binding and are subject to change. If there is any change, the price payable is always the price on the invoice.
6.3 All our prices are in NZ dollars and include GST.
6.4 Where an invoice has not been paid in full by the due date, then if we ask, you agree to pay us interest on the outstanding amount at the rate of 10% per annum, accruing daily.
6.5 We invoice fees for Storage Services every six months in advance. For privately funded Treatment, those storage fees start 6 months after freezing any material. For publicly-funded treatment, the storage fees currently start after 18 months, and after 10 years where storage is for fertility preservation and storage is extended. We reserve our rights to change this should the public funding requirements of such Services change. There will be no refund for unused or partial months.
6.6 We accept payment by debit card, credit card, Q card and online banking transfers. We require payment for Storage Services by direct debit or in advance for the full period. If you pay for the full storage period in advance your price is set for that period, although we may change the T&Cs with notice.
6.7 When Services are provided jointly to two people in a relationship, each of you is responsible for payment of the Fees and all other amounts that may be owing to us. This is called ‘joint and several liability’. The invoice will be issued in the name of the primary patient.
6.8 Sometimes Services are discontinued before completion of all the steps. In some circumstances, a partial refund may be available. In the case of a patient withdrawing from treatment for medical reasons, fees apply. When a refund may be available and what may refunded, is covered in our fertility treatment fees brochure. Credit card refunds are usually credited back to the credit card used to make the payment.
6.9 The medications given to you are not refundable if you do not use them. We can only take back unused medication for safe disposal, not refund.
6.10 If you book a consultation with a doctor or counsellor and do not attend, or you cancel the appointment within one business day, then we may charge you a cancellation fee.
6.11 If you apply for our Fertility Cover programme and are approved, fees and payment are covered by the Fertility Cover agreement you sign.
Conditions of storage
7.1 We will decide where we store your Material.
7.2 You may ask us to stop storing your Material at any time. You must do this in writing on the consent to discard form. Where two parties consented to create Material, the consent to discard must be sign by both parties before it can be actioned. Verbal or email requests cannot be accepted as we need to verify signatures. You will be charged until such time as the consent to discard form is received and accepted by us as completed in full.
7.3 Each type of Material is charged separately for storage on a per person basis.
7.4 We retain the right to dispose of stored Material if you are more than two years behind in paying Fees for Storage and we are unable to come to some other arrangement with you that is acceptable to us.
7.5 You must notify us in writing of every change of address or change in contact details or we will not be able to contact you to remind you of the expiry of the storage period. We are not obliged to send reminders of expiry of the storage period. However, if we do send reminders, we do this without accepting any responsibility or liability for you receiving this notice or any failure to extend the storage period.
7.6 We are unable legally to store Material after its expiry date under the HART Act unless ECART approval is obtained to extend storage prior to the expiry date. It is entirely your responsibility to adhere to the ECART process and to seek and obtain such approval to extend the storage period before the expiry date. We are obliged under law to dispose of the Material after the HART Act expiry date.
7.7 If you notify us in advance at least 30 days before the expiry date, and provide the full written consent of all parties, the Material expired can be returned to you or you can personally collect the Material. If you do not request this or fail to provide the full written consent of all parties, or do not collect it at the time arranged, we will dispose of it.
7.8 To the greatest extent permitted by law, we will not be liable to you, whether in contract, tort, negligence or otherwise, for any loss of or damage to your stored Material arising directly or indirectly from any act or omission of or by any of our employees, agents, officers, contractors or vendors.
Stopping a Service
8.1 You may ask us to stop a Service, such as a treatment cycle, at any time by notice in writing. Stopping a Storage Services requires delivery of the consent forms required by clause 7.2.
8.2 You must pay in full for the parts of the Service we have provided.
8.3 In certain circumstances (as per our consent policies) or if you are in Default, we reserve the right to stop a Service immediately by providing notice to you.
9.1 We will promptly notify you if we are affected by a Force Majeure Event.
9.2 We are not liable to you for any breach or failure to fulfil our obligations when this is due to a Force Majeure Event.
9.3 We may suspend any Service until the effects of the Force Majeure Event have been overcome.
9.4 We may try to overcome or mitigate the effects of a Force Majeure Event, such as by offering treatment at an alternative location.
Limitation of liability
10.1 To the greatest extent permitted by law, we shall not have any liability to you whatsoever for any indirect, incidental, special or consequential loss, costs or damages of any kind. This includes punitive or exemplary damages or loss of opportunities.
10.2 Subject to these Terms, our maximum total liability to you arising from the performance or non-performance of the Services (whether at law, in tort, negligence, contract or otherwise) will never be more than the lesser of: a) The total of what you have paid to us for the Service, such as a treatment cycle or Storage fees, which is affected by the event; or b) The sum of $20,000.
10.3 To the maximum extent permitted by law, we will not be liable to you for any loss, cost or damage of any kind where: a) this was caused or contributed to by a third party or by you; b) you did not notify us within 60 days of learning about the loss, cost or damage; or c) the loss, cost or damage is any Indirect or Consequential Loss.
11.1 Any notice required by these Terms shall be in writing which may be conveyed to you by email, or any other form of electronic or written communication.
11.2 If you send a notice to us, you must send it in writing by post or email to our address for communication set out on our website.
11.3 If we send the notice to you, we may send it in writing by post, email or other electronic communication to the most recent address you have given to us, or we can send notices to you using any App that we utilise for communication with patients.
11.4 Any notice sent is considered received five days after it has been posted or on the same day it has been emailed or sent by other electronic communications if sent before 5pm, or the day after it has been emailed or sent by other electronic communication if sent after 5pm.
Changes to these Terms
12.1 We can amend these Terms at our sole discretion, and we will post any amendment on our website and/or communicate that change to patients via our patient application or other electronic means. Amended terms and conditions apply to all Services provided to you after that date.
12.2 You may not assign Your rights under these Terms. We may assign Our rights and obligations under these Terms without Your consent.
12.3 The enforcement, partial enforcement, waiver of rights, invalidity, or grant of time, of any of our rights under these Terms shall not be deemed to be a waiver or invalidity of any other rights under these Terms.
12.4 Where any provision of these Terms becomes illegal, invalid or unenforceable the remaining provisions of these Terms will be unaffected and will continue in full force and effect.
12.5 These Terms shall be governed by and construed in accordance with the laws of New Zealand and we and You irrevocably agree to the exclusive jurisdiction of the courts of New Zealand. A comprehensive list of services we offer are outlined on our website
Definitions In these Terms:
13.1 ‘Client Information’ means all information provided by You on the Registration Form or as otherwise advised in writing to us.
13.2 ‘Consent Form’ means a consent form signed by You, in relation to the provision of Services by us in a form we may require.
13.3 ‘Cost estimate’ means any written estimate issued by us to You.
13.4 ‘Due Date’ means the date under these Terms by which You must pay any outstanding Fees.
13.5 ‘Default’ means if:
a) You fail to pay Fees by the Due Date;
b) You breach a warranty in these Terms or the Registration Form, or any Client Information or Consent Form is materially incorrect or misleading;
c) Public Funding has ceased in respect of Services to be provided to You and You do not enter into a new arrangement with us;
d) A change in legislation requires us to stop, suspend or change the Services;
e) In the opinion of an FA Professional, it is unsuitable or unsafe for You to receive the Service;
f) You withdraw or vary Your consent, or in our opinion You have not given valid consent, for any Services, or You die;
g) Another person, whose consent is required for the relevant Services, withdraws or varies their consent, or in our opinion the consent is not valid, or they die and their consent ceases to be valid;
h) You display abusive, violent, or threatening behaviour which we, in our sole discretion, deem to be unacceptable;
i) You terminate the Services and these Terms in accordance with clause 8.1; or
j) We are declared insolvent, bankrupt or are liquidated.
13.6 ‘FA Professional’ means a doctor, nurse, health professional or senior manager employed by us.
13.7 ‘Fees’ means any fees payable by You to us for the Services, plus GST. The cost of Medication and Tests may be additional.
13.8 ‘Fertility Associates’ means Fertility Associates Limited and its successors and assigns.
13.9 ‘Fertility Preservation’ means preserving fertility for those that might face losing their fertility because of cancer treatment or another reason.
13.10 ‘Force Majeure Event’ means any event or circumstance which is outside our reasonable control, including but not limited to war, terrorism, an earthquake or other act of God, disease, pandemic, acts of government or local authority whether lawful or unlawful, any binding order or requirement of any Court, any failure of plant and equipment or power outages, or strikes or other industrial disturbances.
13.11 ‘GST’ means goods and services tax as defined in the Goods and Services Tax Act 1985.
13.12 ‘HART Act’ means the Human Assisted Reproductive Technology Act 2004.
13.13 ‘Indirect or Consequential Loss’ are costs that arise outside treatment itself. Examples may include lost remuneration or transport costs.
13.14 ‘Material’ means your own sperm, eggs, embryos, ovarian tissue or testicular tissue, or donated sperm, eggs or embryos allocated to you.
13.15 ‘Medication’ means any medication, drugs, or other consumables required or recommended by us.
13.16 ‘Registration Form’ means any registration and privacy form completed by You (online or in person) prior to the supply of Services.
13.17 ‘Services’ means any services we provide to You, which may include (but is not limited to) Storage Services, Tests, Treatment, and any of the services set out on our website.
13.18 ‘Storage Services’ means storage of Your Material by us.
13.19 ‘Terms’ means these terms and conditions as amended or varied by us from time to time.
13.20 ‘Tests’ means blood tests, scans, and any other laboratory tests or services required or recommended by us.
13.21 ‘Treatment’ means any medical or other treatment or service we offer You.
13.22 ‘You’ and ‘Your’ means the person or persons recorded on the Registration Form to whom we will or do provide the Services to.
13.23 'We' 'us' or 'our' means Fertility Associates.
13.24 References to all legislation includes its successor or amending legislation. A reference to a clause or schedule is to a clause of or schedule in these terms and conditions and the singular includes the plural and vice versa.