Code of Conduct & Terms of Use
This online connection service is owned and operated by Pride Angel Limited (a UK registered company).
Contactable through the 'contact us' form.
1. Introduction
1.1
This Code of Conduct and Terms of Use together with the acceptable use policy contained below ('Acceptable Use Policy') and the privacy policy contained below ('Privacy Policy') (collectively referred to as the 'Code') will apply to each subscriber who wishes to use the www.prideangel.com website (the 'Website') and/or participate in its discussion groups and/or send messages using the Website to other members. ('Members'). The Website is owned by a UK limited company, Pride Angel Limited ('Website Owner').
1.2
Each Member must comply and adhere to this Code in order to access and use the Website, to send messages to other subscribers using the Website or participate in any discussion group on the Website.
1.3
In order to use and participate in this website, all Members must accept this Code by clicking the ‘I accept’ button at the end of their registration form. Upon such acceptance, each Member will create a unique logon ID for participation in the discussion groups and in order to send messages to other Members using the tools available on the Website (‘Messaging’).
1.4
Members are required to use their first name within their registration process. This 'first name' will be displayed within a members profile and be visible by other users. Anonymous, slang or offensive names are not permitted.
1.5
The Forum requires a separate registration. In order to register on Pride Angel forum, users are required to create a password which includes letters and punctuation, for example steph12!
If no punctuation is used, this will cause a 'fault' with registering on the forum.
The forum is not a donor and recipient connection facility and no personal details are permitted within forum posts. Members are permiitted to add their first name and location within the introduction post, in order for users to locate them through the main Pride Angel search facility.
2. Basic Requirements
Each Member and any material which he/she posts onto the Website, to its discussion groups or via Messaging ('Material') must comply with the following basic standards:
2.1
Members must be aged 18 years or older; Children are not eligible to use the Website, and we ask that anyone under the age of 18 years do not submit any personal information to us.
2.2
All information and activities must be legal, decent and honest (in terms of applicable law and standards);
2.3
Data protection legislation must be adhered to in order that the collection of personal information is not traded or disclosed illegally;
2.4
Material must not be posted for business or commercial purposes other than with the prior written consent of the Website Admin; and
2.5
No Material shall depict or include any nudity, violence, sexual or offensive subject matter.
2.6
Members must not post personal email addresses within any part of the Website to include, Messaging system and Forum discussions.
2.7
Becoming a Standard Member of the Website does not require a membership fee, registration allows the Member to create a personal profile and post messages on the discussion forum. However to communicate with other Members, Members must purchase message credits. The Website Owners reserves the right to change the membership fee and the message credits fees at any time.
2.8
Premium membership is by means of monthly subscription payments via the Stripe payment system. A minimum of 3 monthly payments are required when setting up your premium membership, after which recurring payments may be cancelled at any time. After cancellation premium memberships will be converted to standard membership.
2.9
Members must be curtious of the sensitive nature of donation and not name donors or recipents in public unless both parties are in agreement
3. The Website
3.1
The Website purely enables prospective donors and donor recipients to make contact with each other and does not procure donor gametes for Members.
3.2
The Website Owner strongly recommends that if a Member finds a suitable donor or donor recipient via the Website, the Member takes all reasonable and sensible precautions and considers the future of any child born. Each Member should at the very minimum verify the others' identity, the information provided to him/her and arrange sensible health screening.
3.3
The information gained from health questionnaires or personality tests, as part of Members profiles is purely a communication tool, and does not in any way replace the need for professional medical advice and health screening. We can not verify that any of the information given within these questionnaires is correct. Members are responsible for making their own arrangements to check the identity and medical health of other users.
The Website Owner recommend that each Member also:
- Undertakes a CRB (Criminal Records Bureau) checks on all potential donors/recipients
- Seeks appropriate counselling;
- Obtains legal advice as to the recipients' parental status and/or the legal and financial responsibilities of the donor;
- Uses the services of a clinic licensed by the Human Fertilisation and Embryology Authority to conceive. This has the following benefits:
- Donors will be medically screened and their identities verified;
- Treatment will be provided in a safe and regulated environment;
- Any births which result from the donation will be recorded on the HFEA Register of Information, giving the child the opportunity to make contact with his/her genetic parent after the age of 18.
3.4
Members using other methods of conception other than through HFEA regulated clinics do so at their own risk. No mention of Natural Insemination or sexual interourse is permitted within profiles or messaging system. If members choose to perform artificial insemination at home as a method of conception, they must do so after appropriate medical and legal advice. Each Member waives any right to bring any claim or action against the Website Owner.
3.5
Members are also reminded that within the UK no member should donate to more than 10 families. Members contacting over 10 different users will be sent e-mails reminding them of this UK law. Members ouside of the UK should only donate to the legal number of children agreed within that country. Members who have donated to over the agreed number may be suspended.
3.6
Each Member should be aware that, while it is not an offence in the UK to agree a payment being made to a donor, making a payment could preclude one from being treated at a licensed clinic, since HFEA licensed clinics have a legal duty to ensure that donors are unpaid. For this reason Members are not allowed to advertise payment for a donor or that they wish to receive payment from a recipient in any part of the Website, including Messaging or Forum discussions. Members are however entitled to request reasonable expenses where appropriate.
3.7
The Surrogacy Arrangements Act 1985 forbids any form of advertising within the UK. Each Member is not permitted to make any surrogacy arrangements as a result of their use of the Website and shall not suggest in any form directly or indirectly that they are willing to act as a surrogate or are looking for a surrogate mother. These activities are illegal in the UK and constitute a criminal offence. If any Member is found breaching this rule they will be immediately expelled from the Website.
4. Specific Responsibilities of Members
4.1
Each Member is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
4.2
Each Member is solely responsible for maintaining the confidentiality of its unique login ID and password and for their use. We will be able to identify Members by their login ID, which is their email address. If Subscribers choose to give this login ID out to other users, they will still be responsible for the actions of that person when using their unique login ID. In the event that traffic on this Website, in the discussion groups and via Messaging is screened or monitored evidence of use of the login ID can be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same.
4.3
Each Member is responsible for all actions taken by their unique login ID, password, including fees. Therefore if Member’s passwords have been compromised for any reason, Members should immediately change their password.
4.4
Where Members collaborate with one another as a result of use of this Website, discussion groups or Messaging, they do so as independent contracting parties. Members acknowledge that Pride Angel Limited ('Website Owner') will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.
4.5
Members who have registered agree to provide accurate, current and complete information about themselves as prompted on the registration form. The Website Owner reserves the right to terminate any membership if the Member has failed to keep this personal information accurate, current and complete. In such event the Member waives any right to claim a refund for Membership fees or any unused contact credit fees.
4.6
Members are responsible for adhering to the local law for sperm and egg donation as well as co-parenting.
4.7
In canada it is not permitted for anyone to ship sperm, as per guidance from Health Canada 2011. We would not recommend to ship sperm per se
5. Responsibilities of the Website Admin
5.1
The Website Admin is the person assigned by the Website Owner to oversee and run the website. Issues and queries are dealt with by the Website Admin and they should be sent to the Website Admin using the Contact Us link at the top of the page or sending an email to info@prideangel.com
5.2
The Website Admin will manage and oversee the Website, Messaging service and discussion forum and will appoint an Admin for such purpose. This appointee will also be responsible for administering the Complaints and Sanctions Procedure specified in Section 6 below.
6. Complaints and Sanctions Procedure
6.1
The Website discussion forum and Messaging service are self-regulatory facilities for Members only and any complaint by a Member will, in the first instance, be referred to the Website Admin, who shall have all the powers of an arbiter.
6.2
The Website Admin will deal with complaints and where necessary, call upon evidence of the applicable Member in dispute.
6.3
Sanctions available to the Website Admin will include the following:
- 6.3.1 suspending or expelling the guilty Member;
- 6.3.2 referring the matter to the appropriate law enforcement agency, where the dispute is of a criminal or illegal nature; or
- 6.3.3 referring the matter to a court of competent jurisdiction if the dispute necessitates the same.
7. Indemnity and Waiver
7.1
Each Member agrees to indemnify and keep indemnified the Website Owner, its successors and assigns, and each of its directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any Material posted on this Website, to its discussion forum, via Messaging or from any other matter relating to its participation herein including but not limited to use of the information contained on the Website, from discussion forum, via Messaging or arising from any introduction or collaboration resulting there from or otherwise arising from using the Website.
7.2
Each Member waives any right to bring any claim or action against the Website Owner for any loss, damage or injury arising from use of the Website or any Material from the Website or from this Code.
8. Exclusion of Warranties and Liability
8.1
The Website Owner does not warrant the content, accuracy or veracity of any Material or other information on the Website, the responsibility for which rests with each of the Members as specified in Section 3 above.
8.2
Each Member accepts the Website 'AS IS' with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.
8.3
The Website Owner bears no responsibility for checking the identities of Members, for confirming that they are healthy and free of transmissible and genetic diseases or for guaranteeing their legal status in relation to any child. Liability for any medical problems or legal disputes which arise directly or indirectly out of the Member’s use of the Website are excluded.
8.4
In no event will the Website Owner be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Member’s access to, or use of the Website, any Material thereon or any goods, materials or services available there from, whether based in contract, tort and whether negligent or otherwise, even if the Website Owner has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, the Website Owner's aggregate total liability to any Member for all such damages and losses shall be limited to the fees for subscription to the Website paid by the Member suffering loss during the twelve months preceding the event giving rise to liability.
8.5
Nothing in this Code excludes or limits the liability of the Website Owner:
- (a) for death or personal injury caused by the Website Owner's negligence; or
- (b) for any matter which it would be illegal for the Website Owner to exclude or attempt to exclude its liability; or
- (c) for fraud or fraudulent misrepresentation.
- Acceptable Use Policy
8.6
The Website Owner bears no responsibility for the verification checks of the Members, this is performed by visual means and checking the DOB and name match only.
9 Purpose
9.1
This acceptable use policy ('AUP') is intended to ensure the integrity, security, reliability, and privacy of the content, computer servers, services, website and work product (collectively the 'System') related to the Member’s use of the Website and the services associated with the Website. The Website Owner retains the right to modify this AUP at any time, effective upon posting the modified AUP to the Website.
9.2
Each Member is responsible for complying at all times with this AUP, as well as with any posted modifications thereto. If any Member does not accept this AUP, that Member may not access this Website or use any of the services associated with the Website.
10. Security of the System
Members are prohibited from violating, or attempting to violate, the security of the System. Any such violation may result in criminal and civil liabilities to that Member. The Website Owner will investigate any alleged violations, and, if a criminal violation is suspected, the Website Owner will cooperate with law enforcement agencies in their investigations. Violations of the security of the System include, without limitation, the following:
- 10.1 logging into a server or account that the Member is not authorised to access;
- 10.2 accessing data or taking any action to obtain services not intended for the Member or the Member’s use;
- 10.3 attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
- 10.4 tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorisation; and
- 10.5 transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the System;
- 10.6 interfering with, intercepting or expropriating any system, data or information; or
- 10.7 interfering with service to any user, host, or network including, without limitation, by means of overloading, 'flooding', 'mailbombing', or 'crashing' any computer system.
11. 'Spam' and Other Prohibited Actions
11.1
Members are prohibited from transmitting the same or similar unsolicited email messages, bulk commercial advertising, or chain letters to one or more email groups (which are two or more email addresses aggregated as a single email addressee), via Messaging or via the discussion forum. These unsolicited messages are not only annoying to internet users, they can increase Members' costs and degrade the service Members receive by clogging the System, rendering the Website inaccessible, and potentially leading to down-time of internet applications.
11.2
Members are prohibited from using the System to infringe on any person's copyright or other intellectual property rights. Be advised that it is the Website Owner's policy to terminate in appropriate circumstances the accounts of repeat infringers of copyright, and that Members may be ordered by a court to pay money damages to the rightful owner of any intellectual property rights Members violate.
11.3
In addition, Members must not:
- 11.3.1 post, email or otherwise transmit or use the System in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that exploits children or is invasive of another person's privacy or other rights;
- 11.3.2 continue to send messages via the Website or email to a recipient who has indicated that he / she does not wish to receive a communication from any such Member;
- 11.3.3 engage in and encourage conduct that would constitute a fraudulent or other criminal offence or give rise to any civil liability for the Website Owner;
- 11.3.4 spoof or otherwise impersonate any individual or entity, falsely state or otherwise misrepresent its identity or affiliation in any way, or forge, delete or alter any part of TCP / IP packet header information in any email or other posting;
- 11.3.5 engage in deceptive online marketing; or
- 11.3.6 assist or permit any persons in engaging in any of the activities described above.
12. Content
12.1
Members must exercise caution, good sense and proper judgment in using the System. Members are responsible for all content and website links hosted by the Website Owner. Each Member agrees, represents and warrants that any information it posts or provides by means of the System is truthful, accurate, not misleading and offered in good faith. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is the Member’s sole responsibility.
12.2
The Website Owner is not required to screen communications and is not responsible for screening or monitoring content used by the Member, however, the Website Owner reserves and has the right (but not the obligation) in its sole discretion to do so. The Website Owner reserves and has the right (but not the obligation) in its sole discretion to refuse or delete any of a Member’s content which the Website Owner reasonably considers to violate this AUP or to be otherwise illegal.
12.3
Each Member agrees that use of any information obtained on or via its use of the Website is at its own risk.
13. Consequences of Unacceptable Use
13.1
The Website Owner reserves the right to suspend or terminate a Member’s access to the System upon notice of a violation or attempted violation of this AUP, indirect or attempted violations of this AUP, and actual or attempted violations of this AUP. Indirect or attempted violations of this AUP, and actual or attempted violations by a third-party acting on a Member’s behalf, shall be deemed violations by that Member of this AUP.
13.2
If a Members access to the system is suspended or terminated due to a violation or attempted violation of this AUP, then the Member waives any right to claim a refund for Membership fees or any unused contact credit fees.
14. Questions, Comments or Complaints
If any Member is unsure whether any contemplated use is permitted or have any comments regarding prohibited use or other abuse of the System, please direct questions or comments via the Contact Us link at the bottom of our site page, making sure to include as much information as possible
General
15. Term and Termination
Each Member agrees to remain bound by this Code (as amended from time to time) for as long as he or she remains a Member and wishes to use the Website unless the Website Owner or the Website Admin earlier terminates, suspends or otherwise limits access to the Website and/or discussion group in accordance with Section 6 above or as it otherwise deems is appropriate.
16. Governing Law and Jurisdiction
16.1
This Code and any dispute or claim arising out of or in connection with it or its 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 .
16.2
Each Member irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Code or its subject matter or formation (including non-contractual disputes or claims).
16.3
The Website is designed for UK Members. If a Member is from outside the UK it is the Member's responsibility to check that using the Website and any services provided via the Website does not involve any breach of the law in the Member's home country.
17. General
17.1
If any provision of this Code (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Code and the validity and enforceability of the other provisions of this Code shall not be affected.
17.2
This Code together with the Acceptable Use Policy and Privacy Policy represents the entire agreement between the Member and the Website Owner relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Website.
17.3
The Website Owner has the right to revise and amend the Code from time to time.
Privacy Policy
The Website Admin is committed to ensuring that the Member’s privacy is protected.
This privacy policy explains how the Website Owner uses the information it collects about Members, how Members can instruct the Website Owner if they prefer to limit the use of that information and procedures that the Website Owner has in place to safeguard privacy. The privacy policy is incorporated into and subject to the terms of the terms and conditions.
18. The information collected and how it is used
18.1
When Members register the Website Owner will need to know each Member’s name and email address. The Website Owner may also require other personal information including, but not limited to, a Member’s age or weight for example.
18.2
The Website Owner gathers this information to allow it to process each Member’s registration. The relevant information is then used by the Website Owner as set out below and to communicate with Members on any matter relating to the conduct of a Member’s account and a Member’s participation and use of the Website in general.
18.3
The Website Owner may also use aggregate information and statistics for the purposes of monitoring website usage in order to help it develop the Website and services available thereon.
18.4
The Website Owner may also wish to provide Members with information about special features of the Website or any other service or products the Website Owner may think may be of interest to Members. If Members would rather not receive this information, they should edit their profile by clicking the appropriate box.
18.5
The Website Owner automatically tracks certain information based upon the Members behaviour on our website using cookies or other devices. The information is used for internal research on our Members demographics and interests, to provide a better service for our Members.
19. Information gathering
The Website Owner will record each Member’s IP address each and every time each Member logs in to the Website and when a Member creates an account in order to become a Member.
20. How information is we protected
20.1
The Website uses industry standard practices to safeguard the confidentiality of Members personal identifiable information, including ‘firewalls’ and secure socket layers.The Website employs different security techniques to protect data from unauthorized access, however ‘perfect security’ does not exist and the internet is not a secure medium.
20.2
Members can be reassured the Website is held behind a firewall and encrypted Microsoft SQL Server Database. The Website Owner records IP addresses where appropriate to identify malicious behaviour.
21. Sale of business
If this business is sold or integrated with another business a Member’s details may be disclosed to the Website Owner's advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
22. Updating details and changing profile
If any of the information that a Member has provided to the Website Admin changes, for example if a Member changes his / her e-mail address, name or payment details the Member should edit their profile accordingly. Members can change the information submitted, through the Edit Profile Facility, including password and e-mail address. Members can also change registration information such as: name, address, country, city, postcode and profile type. Upon written request we can suspend Members membership, contact information and financial information from our active databases. Information is never completely removed from our databases due to technical and legal constraints, including stored ‘back up’ systems.
23. Members' consent
23.1
By submitting information Member’s consent to the use of that information as set out in this policy. If the Website Owner changes its privacy policy they will post the changes on this page, and may place notices on other pages of the Website, so that Members may be aware of the information they collect and how they use it at all times. Continued use of the service by a Member will signify that a Member agrees to any such changes.
23.2
Owing to the global nature of the Internet infrastructure, the information Members provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding their data and its use as set out in this policy. However, the Website Owner has taken the steps outlined above to try to improve the security of Members' information. By submitting information members consent to these transfers.
24. How to contact (the Website Owner / name of data controller)
The Website Admin welcomes views about the Website and this privacy policy. If any Member would like to contact the Website Owner with any queries or comments please use the Contact Us link at the bottom of this page.
24.1
The Website Owner reserves and has the right (but not the obligation) in its sole discretion to withdraw, amend, vary or add to the services offered on the Website which the Website Owner reasonably considers compromises the hosting of the Website in any aspect.
24.2
The Website Owner may change the ‘Code’ from time to time based on your comments and the need to accurately reflect data collection and disclosure practices. Members should check these regularly. Members continued use of the Website will be deemed acceptance of the updated or amended ‘Code’
Acceptance of the Code
25. Advertising Terms & Conditions
25.1
The agreement, by and between [Sender.Company] ("Agency") and [Client.Company] ("Client"), is a legally binding agreement. [Sender.Company] agrees to provide advertising services described herein in exchange for payment from [Client.Company] in accordance with the terms of this agreement.
25.2
[Client.Company] agrees to retain [Sender.Company] as a provider of the advertising services provided below.
[Sender.Company] agrees to provide these services pursuant to the terms of this agreement.
Should [Client.Company] require additional advertising services from [Sender.Company], both parties shall negotiate terms for those services, and attach such terms as an addendum to this agreement.
25.3
The advertising services shall be agreed and included within the agreement: These services are mainly found on the following page
https://www.prideangel.com/Clinics-Services/Advertising-Options.aspx
25.4
[Client.Company] agrees to pay for the advertising services provided by [Sender.Company] in accordance with the agreed rates, minumum term for pcm 6 months
25.5
All campaigns, images, and other material produced under the scope of this advertising services agreement are the intellectual property of the [Client.Company].
25.6
[Client.Company] agrees to make timely payments in accordance with the marked due date on each invoice provided by [Sender.Company], and to include any late fees incurred in each payment.
25.7
The agreement shall be governed in accordance with the laws of United Kingdom. Any grievances or disputes shall be resolved via a neutral arbitrator located in the United Kingdom
25.8
All documentation, media, images provided by the [Client.Company] are the responsibiity of the respective company to ensure that they are permitted to use any documentation, media and imagery
25.9
All documentation, media, images provided by the [Client.Company] are the responsibiity of the respective company to ensure that they are legally correct and not misleading
Signing Provisions
By continuing to use the site you acknowledge that you understood the terms and conditions contained above and intends to be bound by the terms and conditions of this Code.