Conditions of Use

The Harley Street Sperm Bank (hereafter referred to as 'HSSB') is a a trading name of Harley Street Fertility Clinic limited (hereafter referred to as 'HSFC'), a registered company registered in the UK with its office at 134 Harley Street, London W1G 7JY and is fully licensed by the HFEA (Centre 0333).

By using the information on this site you, the recipient of the Sperm, confirm that you have:

• Attended an HFEA licensed clinic or an appropriately accredited overseas clinic for a consultation and have a treatment date agreed at that clinic.
• Received verbal and written information about your treatment and had the opportunity to discuss the procedures involved in receiving Sperm as part of your treatment with your treating clinic.
• Received all the relevant information pertaining to your treatment, as required by the HFEA Code of Practice, by your treating clinic.
• Been offered implications counselling by your treating clinic to discuss the implications of the treatment involving donor sperm.
• Been informed about the screening that the Sperm donor has undergone and the limitations of that screening in avoiding transmissible conditions.

Terms of sale

1. An order is considered completed when the recipient has completed and returned all required documentation, made payment and the recipient clinic has confirmed treatment. A completed order will be confirmed by the HSSB.
2. Your order should be completed at least 4 weeks before the intended treatment date. Any later than this and HSSB cannot guarantee delivery in time for treatment and you will incur a late order fee of £150 to cover administrative costs.
3. HSSB will accept your order for Sperm when you have an open account with HSSB.
4. An account will be created for you when:
   1. HSSB has received confirmation from a HFEA licensed clinic or accredited overseas clinic that you are registered for treatment there; and
   2. you have attended your treating clinic for a consultation and have a treatment plan/date in place.
5. If HSSB is unable to verify your details with your chosen clinic, your order will be cancelled and not delivered. A refund will be given minus an administration charge of £150.
6. HSSB will confirm your order when they have received confirmation of your treatment cycle from your chosen clinic, as well as received your signed consent form and payment in full.
7. Please respond to HSSB’s confirmation email within 5 days or your order will be cancelled and a refund given minus an administration charge of £150. Remember to check your junk/spam mail folder. If you have any queries regarding the receipt of your confirmation email, please call 020 7436 6838 between 0800 – 16.30 and a member of staff will be happy to help you.
8. Sperm will only be reserved and dispatched after full payment.
9. See the Refunds and Cancellation policy for further details.

General

• Donor Sperm provided by HSSB (‘Sperm’) may only be used for fertility treatment at an HFEA licensed clinic in the UK or an appropriately accredited overseas clinic.
• HSSB provides Sperm to you for your exclusive personal use and you confirm that you will only use it as such.
• HSSB Sperm provided to you may not be resold or distributed without HSSB’s written permission.
• Information on donors comprises sensitive personal data for purposes of the Data Protection Act 1998. HSSB will only provide relevant information to you for the purpose of allowing you to select a Sperm donor, without breaching the donor’s confidentiality.
• HSSB’s online catalogue is a representation of the samples stored at any one time. However, sample availability may be limited at times. HSSB sells Sperm on a first come, first served basis.
• It is important that you inform HSSB of your agreed treatment date and inform them of any changes in date immediately, should it occur.
• Sperm provided by HSSB must be used in treatment within 2 months of the date of dispatch from HSSB. This is to ensure that your reserved pregnancy slot is not lost.
• This agreement does not override the terms of paragraph 4A of Schedule 3 to the Human Fertilisation and Embryology Act 1990 (as amended) (‘HFE Act’) which provides that the Sperm donor may withdraw or vary his consent about the use of his Sperm in treatment at any time. This includes any embryo created using his Sperm at any time until that embryo is transferred to a woman or allowed to perish.
• Where the Sperm is used in licensed treatment, under the HFEA Act, the Sperm donor will not be the legal parent of any resulting child/(ren).
• You confirm that you are aware:
  1. that non identifying information about you and the outcome of your treatment will be available to the Sperm donor (this may include the number and sex of any resulting children); and
  2. of the information about the Sperm donor that will be available to you and your children created as a result of the Sperm (for example the number and sex of any resulting children), including information recorded on the HFEA Register that the children are entitled to receive and the circumstances under which they may receive it.
• This Agreement is personal to you. You cannot assign or transfer any rights or obligations under it to any other person.

Quality standards

All donors available via the LSB online catalogue have been recruited and screened in compliance with donation criteria under the European Tissues and Cells Directive (‘EUTCD’), Human Fertilisation and Embryology Authority (HFEA) standards and professional guidance.

• All Sperm samples have been procured, tested, processed, preserved and stored in compliance with EUTCD and HFEA requirements.
• HSSB also assesses Sperm according to HSSB’s motility standard of 6 million motile Sperm per ml of sample. If a sample falls below this standard, the treating clinic may judge that ICSI may be appropriate to optimise the chances of fertilisation.
• Very occasionally, at the time of treatment, a thawed and prepared sample may not meet the predicted standard. All UK licensed clinics have protocols in dealing with these situations and will be in contact with the HSSB.
• HSSB Sperm meets all required quality standards. However, HSSB cannot guarantee that a pregnancy will be achieved using Sperm or that any pregnancy or offspring derived as a result of using the Sperm will be free from genetic disorders/defects or infectious diseases. In particular:
  1. it is impractical to test for ALL genetic markers or infectious diseases and in some cases there are no available tests;
  2. donor testing is properly administered; however even where the results show normal, the tests have limitations and may not be entirely reliable; and
  3. HSSB’s recruitment processes (including counselling) rely on the donor providing accurate and correct information about their genetic and general health history. We treat the information provided by the donor in good faith. HSSB has no way of independently verifying this information. In our experience we are not aware of any inaccurate information being provided by our donors.

Donor confidentiality

Non-identifying information about each donor is displayed on the HSSB online catalogue. HSSB is unable to provide any further personal information on donors.

Subject to disclosures required as a matter of law, HSSB will keep your personal information confidential at all times. However, in accordance with HSFC’s registration with the UK Information Commissioner’s Office (No Z3396405), HSSB may, on request, share health information with healthcare professionals at the treating clinic and non-health information with HSSB administrators for financial and/or auditing reasons.

Creating families

• According to UK law Sperm procured from UK based donors may be used to create up to 10 families within the UK. As an HFEA licensed Clinic we are obligated to ensure that this limit is not infringed.
• This 10 family limit does not apply if HSSB Sperm is used in treatment outside the UK (see page 6, "Use of donor Sperm in a non UK clinic").
• Where the Sperm donor has provided explicit consent that his Sperm can be used in treatment outside the UK the HSSB applies a strict upper global limit of families that can be created.

Delivery policy

• HSSB will ensure that all orders placed on a week day are processed within 24 hours. Orders placed on a weekend will be processed the next working day. Orders will be dispatched no later than 7 days from when completion of the order process and receipt of your completed consent form(s).
• HSSB will ship the Sperm sample via courier in a liquid nitrogen vapour tank designed to keep the sample frozen for up to 5 days. The vapour tank has an integral monitor to ensure that the temperature is monitored at all times.
• HSSB staff will ensure that all samples are properly packed in the transport vessel. However, HSSB is not responsible for any damage caused by shipping delays or tank failures outside of HSSB's control.
• For the purposes of quality assurance, once a sample has been shipped out of the HSSB, the sample cannot be returned.
• It is the responsibility of the receiving clinic to check the tank immediately on arrival, to ensure that it is fully functional and that the sample is frozen. Any concerns regarding the integrity of the shipment must be immediately reported to the HSSB.

Returning recipient/sibling treatment

You may order Sperm for sibling treatment by ordering from the HSSB online catalogue or contacting the HSSB prior to embarking on treatment preparation. However, HSSB does not guarantee the availability of Sperm for sibling treatment.

Where you have embryos in storage that have been created from Sperm from a previous treatment cycle, you should order the same donor again and discuss this with your treating clinic.

There is an annual charge (or part of) for the storage of purchased sibling Sperm at HSSB. Please see the current price list on the HSSB website.

Notification of treatment outcomes

• The ability to track pregnancies is very important in order that the HSSB can monitor the number of families created by each donor.
• By signing this agreement, you hereby accept responsibility of reporting your treatment outcome. Negative outcomes should be reported to the HSSB no longer than 15 days after insemination and positive outcomes should be reported no later than 12 weeks after insemination (clinically confirmed by gestational sacs and feotal heart beat on scan). By placing an order with the HSSB you also give the HSSB permission to contact your clinic in the unlikely event that we are unable to make contact with you regarding the outcome of your treatment.
• You must inform the HSSB where any resulting embryos are created and stored.
• We will send you a reminder via an automatic email at around the expected time of your pregnancy scan and delivery date.
• A member of staff from the HSSB will contact your treating clinic if you fail to provide this information within 2 weeks of a pregnancy test or the birth of a child.

Use of donor Sperm in a non UK clinic (overseas)

The export and import of Sperm for use in treatment in an overseas clinic is regulated by the HFEA (UK) and European Tissues and Cells Directive (EUTCD – EU). The HSSB will not deviate from the regulations under any circumstance. Sperm purchased from HSSB must not be exported overseas without prior agreement from the HSSB.

• Sperm can only be exported to an overseas clinic:
1. where the clinic it is accredited, designated, authorised or licensed in accordance with the requirements of the European Tissues and Cells Directive (EUTCD) or an internationally recognised equivalent, if the clinic is based outside the EU;
2. where the clinic can provide evidence that a Quality Management and traceability system is in place;
3. when the donor has provided specific consent to export; this is part of our recruitment process. Please note that some donors may not provide consent for the export of their Sperm.
• The recipient should note that where donor Sperm is used in treatment at an overseas (non UK) clinic it is under the terms of local law. This should be discussed in detail with staff at the treating clinic, in advance of treatment.

Refund & Cancellation Policy

We want you to be happy with your purchase. Please read the following carefully to ensure you are fully aware of our obligations to you, should you want to cancel your order with us. If you wish to cancel your order because you have changed your mind about your purchase, the HSSB will offer you a full refund provided that you cancel your order within 5 days of placing the order. Orders cancelled after 5 days will be refunded minus an administration fee of £150. Please also note that the courier fee will not be refunded on orders cancelled after 5 days.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Harley Street Fertilty Clinic Limited. The collective work includes works that are licensed to Harley Street Sperm Bank and Harley Street Fertility Clinic - ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Harley Street Sperm Bank or purchasing Harley Street Sperm Bank products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Harley Street Sperm Bank or to purchase Harley Street Sperm Bank products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Harley Street Sperm Bank. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Harley Street Sperm Bank and Harley Street Fertility Clinic used in the site are trademarks or registered trademarks of Harley Street Fertility Clinic Limited.

Limitation of liability

Harley Street Sperm Bank shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Harley Street Sperm Bank has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical errors

In the event that a Harley Street Sperm Bank product is mistakenly listed at an incorrect price, Harley Street Sperm Bank reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Harley Street Sperm Bank reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Harley Street Sperm Bank shall issue a credit to your credit card account in the amount of the incorrect price.

Use of site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Harley Street Sperm Bank or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Communications and opt-out option

We may use the information that you provide to send you information and materials that we think may be of interest to you. If you do not wish to receive any further information or materials from us, you may opt out by checking the appropriate box on the website or by contacting us in writing. The Harley Street Sperm Bank will not share your personal information with a third party for the purpose of solicitation without your prior consent. Any disclosure of personal information to a third party will require those parties adherence to at least equivalent Privacy policies.

Privacy notice

The Harley Street Sperm Bank is committed to protecting the privacy of our customers. This statement outlines our privacy and data protection policy.

The website http://www.hssb.co.uk, its pages and sub-domains is owned and run by us, the Harley Street Sperm Bank. By clicking the tick box in the pop up that you encountered on first using our website, you signal that you have read this Policy and that you consent to the setting of “cookies” on your computer or device as well as to their subsequent access. This document tells you what they are, why and how we use them and how you can remove them.

What cookies are

A “cookie” is a small text file, containing an anonymous, unique identifier, which is sent from a web server and placed on your computer's hard drive. Whenever your Internet browser requests a web page from this server, the server detects the cookie. Only the website that placed the cookie on your hard drive can access it.

There are two types of cookie. “Session cookies” expire when the web browser is closed at the end of each user session. “Persistent cookies” are stored by browsers and remain there until the sooner of their expiry date or deletion by the user.

Why we use cookies

We use cookies to help us to identify recurrent users and to analyse their use of our website.

Which cookies we use, and why

We use both session and persistent cookies on our website. This section provides details:

Analytic cookies

We use Google Analytics to produce reports of statistical and other information about the use of our website. Google Analytics’ privacy policy is available here.

Personal information

Your personal details will be collected and processed when you order, purchase, register, subscribe or make use of any of our products or services.

In addition, when you visit our website or use any of our digital applications (such as our iPhone or iPad applications), we also collect website and application usage information (which may include your reading history and any advertisements you may have viewed), and information about your computer or other digital device and your internet connection. This includes your computer's or digital device’s IP address, the type and version of browser and operating system you use, your internet domain and, if you visited via a link from another website, the URL of the linking page.

This information is collected to help us:

• fulfil your order
• manage your registration preferences
• send you service notifications
• personalise web content based on your personal characteristics or preferences
• ensure, as far as is practical, that our websites and applications are compatible with the browsers and operating systems used by most of our visitors
• conduct customer satisfaction surveys

Security

Rest assured that your sensitive information is safe and sound in our highly sophisticated data center. Our IT team are always working to ensure that your most important data is never compromised, regardless of the latest technology.

Card Details

We do not store card details, nor do we share customer details with any third parties.

Who we are

Our website is owned and operated by us, the Harley Street Sperm Bank, a trading name of Harley Street Fertiltiy Clinic Limited, a company based in England and Wales (registered number 07239845). Whose registered office is 134 Harley Harley Street, London W1G 7JY.