Terms of Service

1. About These Terms

These Terms of Service ("Terms") govern the relationship between Embryo Links (trading name of Embryo Links FZE LLC, hereinafter "the Company", "we", "us", "our") and any individual, clinic, hospital, or organisation ("you", "the Client") that uses our courier services or accesses our website.

By requesting a quote, confirming a booking, or using our services, you agree to these Terms. If you are acting on behalf of a clinic or organisation, you confirm you have authority to bind that organisation to these Terms.

These Terms apply to general engagement with our business and website. Each confirmed shipment is additionally governed by an individual written Service Agreement, signed by both parties before transport commences. In the event of any conflict between these Terms and an individual Service Agreement, the Service Agreement takes precedence for that specific shipment.

2. Our Services and Certifications

Embryo Links provides specialist hand-carry cryogenic courier services for biological and reproductive materials including but not limited to:

• Frozen human embryos, eggs (oocytes), and sperm samples
• Stem cells and cord blood
• Vaccines, biologics, and temperature-sensitive pharmaceutical materials
• Clinical specimens including blood samples and biopsies

All biological materials are transported in an MVE SC 4/3 vapour phase liquid nitrogen dry shipper, maintained at −196 °C, hand-carried by our courier as cabin baggage on a pre-approved commercial flight. Biological materials will not travel as cargo, in the hold, or as checked luggage under any circumstances, and will not be left unattended at any point during transit.

Our couriers hold UN3373 certification for the transport of Biological Substances, Category B, and operate under ISO 9001 quality management standards.

All services are provided on a bespoke, individual basis. Each shipment is separately assessed, quoted, and documented. We do not operate as a standard parcel or postal service.

No transport date is fixed at the time of initial enquiry. A confirmed transport date will only be issued in writing once both the releasing clinic and the receiving clinic have formally authorised the release and receipt of the biological material, and all required documentation and payments are in place.

3. Information, Stories and Website Content — No Reliance

Fictional or illustrative stories on our website are inspired by the types of situations our clients face. They are not accounts of specific individuals or cases, and no inference should be drawn from them about the outcomes of any particular treatment, legal arrangement, or shipment.

We accept no responsibility for any loss or damage arising from reliance on any content published on our website.

4. Booking and Confirmation

A booking is not confirmed until we issue a written confirmation (by email or WhatsApp) specifying the agreed transport details, route, fee, and payment terms. Verbal agreements, informal messages, or preliminary discussions are not binding and do not constitute a confirmed booking.

We reserve the right to decline any booking at our discretion, including where we are unable to safely or legally transport the materials in question. We will not confirm a transport date until all documentation listed in Section 6 has been received and verified.

5. Individual Service Agreements

Each confirmed shipment of biological material is governed by a separate, written Service Agreement signed by both the Client and the Company before any preparatory work, documentation, or logistics planning commences. The Service Agreement sets out the specific terms for that transport, including:

• The biological material to be transported and the parties who own or hold lawful authority over it
• The releasing clinic and the receiving clinic
• The exact fee, deposit structure, and payment schedule
• The assigned courier and cryogenic equipment details
• The governing law and jurisdiction applicable to that agreement

No preparatory work, clinic coordination, documentation, or logistical planning will commence until the Service Agreement has been signed by both parties and the initial deposit has been received and cleared.

Each Service Agreement includes a signed Appendix 4 — a standalone risk and liability schedule — which sets out the allocation of risk between the parties, the scope of our liability, and the governing law and dispute resolution mechanism applicable to that specific transport.

6. Your Declarations, Warranties and Responsibilities

By confirming a booking and signing a Service Agreement, you declare, warrant, and represent to us that:

• Lawful ownership — you are the lawful owner of, or hold lawful authority over, the biological material described in the Service Agreement and any accompanying consent documentation
• No ownership dispute — no legal dispute, injunction, or challenge exists or is pending regarding ownership, custody, or the right to transport the biological material
• Accurate information — all information provided to us regarding the biological material, its storage conditions, and any special handling requirements is complete, accurate, and current
• Documentation — your sole responsibility — you will provide, in a timely manner and before any transport date can be confirmed: a clinic-issued release letter from the releasing clinic; all national import and export permits required by the regulatory authorities of the origin and destination countries; copies of all relevant identity documents; and any additional consents, authorisations, or documents required by the receiving clinic, the releasing clinic, or any relevant authority. Delays caused by your failure to provide complete documentation are entirely your responsibility
• Clinic readiness and material verification — both the sending and receiving clinics have verified the contents, viability, and identity of the biological material prior to our collection. We do not open, inspect, count, test, or independently verify the biological viability, identity, quantity, or condition of the materials we transport. We transport sealed containers as presented and sealed by the releasing clinic at the time of collection
• Legal consents fully executed — all necessary patient consents, donor consents, legal agreements, and parental or genetic rights clearances are fully executed, legally binding, and in force before transport commences
• Legal admissibility — the transport you are requesting is lawful under the laws of all relevant jurisdictions, including the country of origin and the country of destination. It is your obligation — not ours — to verify this before the Service Agreement is signed
• Indemnity — you agree to indemnify us and hold us harmless against any and all costs, claims, fines, penalties, and losses we incur arising from your failure to obtain proper documentation, permits, consents, or regulatory approvals, including any penalties imposed on our courier at any border or customs point as a result of documentation you were responsible for providing

7. Your Communication Obligations During Transport

From the confirmed collection date until we provide written confirmation of successful delivery to the receiving clinic, you — or a designated emergency contact nominated in your Service Agreement — must remain reachable by telephone 24 hours a day, 7 days a week.

You must provide a minimum of two active emergency contact numbers: a primary contact and an alternate contact. Both numbers must be international mobile numbers capable of receiving calls and messages at any time.

If neither you nor any designated emergency contact can be reached during a critical transit incident — including but not limited to customs detention, airline refusal, equipment issues, or a medical emergency involving the courier — we are authorised to make all reasonable and necessary protective decisions on your behalf without prior consent. Such decisions may include rerouting, arranging emergency nitrogen recharge, temporary secure storage, or direct contact with either clinic. You agree in advance to be bound by and to bear the costs of any such decisions. We will document all attempted contacts and provide you with a full written account within 48 hours of delivery or resolution. We shall not be liable for any loss arising from a decision made under this emergency authority, except where that loss is caused by our own gross negligence or wilful misconduct.

8. Our Operational Commitments

We commit to the following on every transport:

• The biological material will be transported exclusively in a fully charged MVE SC 4/3 vapour phase liquid nitrogen dry shipper at −196 °C. The container will carry no other materials at any time
• The biological material will be hand-carried by our courier in the aircraft cabin throughout the journey — it will not be surrendered to airline staff, placed in the hold, or left unattended at any point
• Our courier will remain in direct physical custody of the biological material from collection at the releasing clinic to confirmed handover at the receiving clinic. There will be no unaccompanied transit at any stage
• Any delay, irregularity, or incident during transit will be reported to you and to the receiving clinic immediately upon occurrence
• We will supply all required shipping labels, documentation, and flight compliance paperwork for the airline and destination jurisdiction
• If collection or delivery cannot proceed at the agreed time, we will notify you immediately by phone, email, WhatsApp, or any available means of communication, with the reason and a revised plan
• If the receiving clinic refuses to accept the biological material upon arrival, we will inform you immediately by phone, email, WhatsApp, or any available means of communication. The material will remain secured in the dry shipper in a safe environment pending resolution. All costs arising — including storage, accommodation, and onward logistics — are your sole responsibility

Our couriers operate under a strict non-negotiable protocol: biological material must remain in the cabin at all times. If, at any point during transit — including at the boarding gate, jet bridge, or during any connection — airline personnel or airport security attempt to remove physical custody of the MVE SC 4/3 dry shipper from the courier or force it into the aircraft cargo hold as checked baggage, the courier will refuse boarding and the transport shall be immediately suspended to preserve the integrity of the material. In such circumstances: (a) we bear no liability for any resulting delay, cancellation, or temperature compromise; and (b) the courier will immediately contact you and both participating clinics by phone, WhatsApp, email, or any available means of communication to coordinate an emergency alternative plan or arrange return of the material to the releasing clinic at your sole cost.

9. Nitrogen Recharge and Emergency Costs

The MVE SC 4/3 dry shipper will be fully charged with liquid nitrogen before each transport leg. On routes involving extended layovers or journeys where the hold-time of the unit may be approached, we may arrange an intermediate nitrogen recharge stop.

By confirming a booking you pre-authorise us to arrange and execute any nitrogen recharge necessary to maintain the safety and integrity of the biological material during transit. We will notify you as soon as practicable when a recharge stop is required.

All costs associated with an emergency or precautionary nitrogen recharge — including logistics, equipment handling, and any associated accommodation or travel costs — will be invoiced to you separately from the service fee and are payable within 7 days of invoice. A necessary and properly executed recharge stop does not constitute a failure of service or a breach of the agreed transport timeline.

10. Emergency Protocol During Transit

We maintain a documented emergency protocol that applies immediately upon any of the following events during transit:

• Equipment failure or compromise of the MVE SC 4/3 dry shipper
• A medical emergency involving the courier that prevents them from continuing the journey
• Flight diversion, cancellation, or denial of boarding that strands the courier with the biological material
• Any other situation in which the safety or integrity of the biological material is at immediate risk

Upon invoking the protocol, we will: contact you immediately by phone, email, WhatsApp, or any available means of communication; contact the receiving clinic and the releasing clinic by any available means to advise of the situation and seek guidance on acceptable holding conditions; secure the biological material in the safest available conditions, including sourcing emergency nitrogen recharge or secure clinical storage at the point of disruption; and arrange for a replacement courier or alternative transport route where operationally possible and time permits.

We have unilateral authority to take any reasonable protective action necessary to preserve the biological material in an emergency without waiting for your prior approval, where delay would place the material at risk. By booking our services you agree in advance to be bound by such decisions and to bear the associated costs. We will not be liable for any loss arising from emergency protective actions taken under this protocol, except where that loss is caused directly by our own gross negligence or wilful misconduct.

All emergency actions taken will be documented in a written incident report provided to you within 48 hours of resolution.

If, following a transit disruption, we notify you — or make reasonable attempts to notify you — by phone, email, WhatsApp, or any available means of communication, and neither you nor any designated emergency contact can be reached, or no resolution is agreed, within 72 hours of our first notification attempt, we will continue to hold the biological material securely in the dry shipper during that period. All costs incurred during this holding period — including nitrogen recharges, courier accommodation, and any additional transportation — are your sole responsibility and will be invoiced to you in full. If no resolution is reached and neither the receiving clinic nor the releasing clinic has confirmed acceptance of custody within that 72-hour period, we will arrange return of the biological material to the releasing clinic at your sole expense. All costs of the return journey — including courier travel, accommodation, flights, and nitrogen recharges — will be invoiced and are payable within 7 days of invoice. Our custody obligations and liability cease upon confirmed handover to the releasing clinic.

11. Releasing Clinic Refusal

If the releasing clinic refuses to hand over the biological material on the agreed collection date — for any reason — we will inform you immediately by phone, email, WhatsApp, or any available means of communication, and will not proceed with the journey.

In such circumstances, we will retain fees corresponding to the courier's time, travel, accommodation, and any preparatory costs incurred up to that point. A detailed written breakdown will be provided to you within 5 working days of the refusal. Any remaining balance beyond those costs will be refunded to you within 14 working days.

We bear no liability for the releasing clinic's decision to withhold or refuse release of the biological material. It is your responsibility to ensure the releasing clinic has issued a formal release authorisation before the collection date is confirmed.

12. Fees and Payment

All fees are quoted individually based on the nature of the shipment, route, urgency, and specialist requirements. Quoted fees are valid for 7 days from the date of quotation unless otherwise stated in writing.

Payment is structured in two stages as set out in the individual Service Agreement:

• Interim deposit — payable within 3 days of both parties signing the Service Agreement. No preparatory work, clinic coordination, documentation, or logistical planning will commence until this deposit is received and cleared
• Balance payment — payable within 3 days of receiving our invoice following confirmation of the transport date. Transport will not proceed until the full balance is received and cleared

Payments are made by bank transfer or such other method as agreed in writing. Bank charges, transfer fees, and currency conversion costs are your sole responsibility. We reserve the right to withhold any element of our service — including collection of the biological material — until all outstanding payments have been received and cleared.

13. Cancellation

All cancellations must be submitted in writing. Verbal or informal cancellations are not valid and will not trigger any refund obligation. We will provide a written breakdown of retained fees and any refund due within 10 working days of receiving written notice of cancellation.

• Cancellation by us: If we cancel the shipment for reasons solely and directly attributable to us, we will refund the total amount paid in full with no deductions
• Cancellation due to third-party circumstances: If the shipment is prevented, delayed, or cancelled by the actions or decisions of any third party — including airlines, clinics, border authorities, customs agencies, or regulatory bodies — through no fault of ours, we will retain fees proportionate to work performed and costs already incurred. The remaining balance, if any, will be refunded within 14 working days
• Cancellation by you — before preparatory work has commenced: We will refund the full amount paid, less any unrecoverable third-party costs already committed on your behalf
• Cancellation by you — after preparatory work has commenced: If documentation, clinic correspondence, equipment preparation, flight or accommodation bookings, or regulatory submissions have already commenced, we will retain fees corresponding to services already rendered and costs incurred. The remaining balance, if any, will be refunded within 14 working days
• Cancellation by you — after the transport date has been confirmed and the balance received: No refund of the balance will be due unless we agree otherwise in writing

14. Customs, Border Control, and Regulatory Situations

Our courier carries full UN3373 certification, courier authority documentation, and all relevant permits at all times during transit. If the biological material or the dry shipper is detained or questioned by any authority during transit, we will contact you immediately, present all relevant documentation to the authority, and engage any necessary local assistance on your behalf to secure release of the biological material.

All legal, administrative, translation, and logistical costs arising from a customs detention or regulatory hold are your sole responsibility, regardless of the cause. We will itemise and invoice such costs within 14 days of resolution.

If the biological material is detained for a period that approaches or threatens the safe hold-time of the dry shipper, we are authorised to take all available emergency protective measures — including sourcing emergency nitrogen recharge at the point of detention — without awaiting your approval. The costs of such action are your responsibility. We shall not be liable for any loss arising from emergency protective measures taken under this clause, except where that loss is caused by our own gross negligence or wilful misconduct.

If a customs or regulatory authority ultimately refuses release of the biological material and it cannot be transported to the destination clinic, our liability is limited to the fee paid under the Service Agreement. We are not liable for any loss resulting from the decision of a government authority.

15. Limitation of Liability

We are not liable, under any circumstances, for:

• Any action or omission by a clinic — any decision, action, or failure by the releasing or receiving clinic, including refusal to hand over or accept the biological material
• Airline decisions — refusal to permit the cryogenic container on board, flight cancellation, diversion, delay, or any other airline decision
• Regulatory or government decisions — any customs, immigration, or regulatory decision by any authority in any jurisdiction
• Client documentation failures — losses, delays, confiscations, or rejections arising from inaccurate, incomplete, or missing information or documentation provided by you or the participating clinics
• Biological viability and treatment outcomes — the biological viability, developmental potential, or condition of the materials before collection, during transit, or after delivery; or the success or failure of any fertility treatment, medical procedure, or clinical outcome in which the transported materials are used
• Costs of further treatment — costs of any further or repeat fertility treatment, loss of reproductive opportunity, or any clinical costs arising from the outcome of a transport
• Emotional distress and psychological harm — any claim for emotional distress, mental anguish, grief, psychological harm, loss of a chance to conceive, or loss of a family opportunity. The parties agree that such consequences, while deeply understandable, do not flow as a legally foreseeable result from a logistics contract of this nature. The causal connection between any loss of biological material and such outcomes is expressly excluded from the scope of our engagement. This exclusion applies whether a claim is framed in contract, tort (including negligence), or otherwise
• Consequential and economic losses — any indirect, special, punitive, or consequential loss, including loss of profits, loss of income, loss of business, or loss of opportunity
• Emergency protective actions — any action taken by us under our emergency authority as described in Sections 7, 10, and 14 of these Terms, unless such actions are directly due to our own gross negligence or wilful misconduct
• Pre-collection condition — loss or damage to materials not properly prepared, sealed, labelled, or packaged by the sending facility before our collection

16. Force Majeure

Neither party shall be held in breach of these Terms for any failure or delay caused by circumstances beyond their reasonable control, including but not limited to: acts of God, natural disasters, war, civil unrest, pandemic, acts of government, legislative changes, airline groundings, or border closures. The affected party must notify the other in writing within 5 working days of the event arising. Where a force majeure event prevents completion of our service, any refund will be calculated taking into account work already performed and costs already committed by us.

17. Confidentiality

Both parties agree to treat all information exchanged in connection with our services as strictly confidential — including medical records, consent documentation, clinic identities, patient details, and the financial terms of any agreement. Neither party shall disclose confidential information to any third party without prior written consent, except where required by law, by a regulatory authority, or where operationally necessary to perform the service. This obligation survives the termination or expiry of any agreement.

18. Third Parties

We may engage sub-contractors, partner couriers, or specialist logistics providers where operationally necessary. Where third parties are engaged, our liability is strictly limited to exercising reasonable care in their selection and appointment. We are not liable for the acts, omissions, delays, failures, or negligence of any independent third-party sub-contractors, airlines, partner couriers, or logistics providers, provided we exercised reasonable care in appointing them. In particular, we accept no liability for airline decisions, airline delays, or any action or inaction by an airline in connection with the transport of biological materials.

19. Regulatory Compliance

Our services are performed in accordance with applicable regional and international logistics frameworks. The Client is solely responsible for obtaining all necessary permissions, permits, and regulatory approvals required by the origin and destination jurisdictions before requesting a shipment — including, where a journey involves a UK-based clinic or UK transit, compliance with the HFEA Act 1990.

We operate strictly as a third-party logistics provider and rely entirely on the accuracy of the regulatory declarations, consents, and authorisations provided by you and the participating clinics. We have no obligation to independently investigate or verify the legal status, regulatory compliance, or ethical permissibility of your medical or fertility arrangements. We will not knowingly transport materials without appropriate authorisation, but our duty extends only to acting on the representations made to us — we are not a regulatory authority and do not conduct compliance audits.

If at any point we discover or reasonably suspect that a shipment is intended to facilitate a medical procedure, surrogacy arrangement, or genetic intervention that is unlawful in the country of origin, any transit country, or the country of destination, we reserve the right to immediately suspend or terminate the service. In such circumstances, we will retain fees proportionate to work already performed and return the biological material to the releasing clinic at your sole expense. We will cooperate with any relevant regulatory or judicial authority to the extent required by law.

20. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC). Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of the DIFC. By mutual consent of both parties, claims falling within its financial jurisdiction shall be referred to the DIFC Small Claims Tribunal (SCT).

Disputes arising from individual Service Agreements — including any claim relating to the transport of biological material — are additionally governed by the jurisdiction clause contained in the signed Appendix 4 of each agreement, which specifies DIFC courts and DIFC SCT as the exclusive forum and extends SCT jurisdiction by mutual consent to the maximum permitted limit.

Before commencing formal legal proceedings, both parties agree to attempt resolution through good-faith written negotiation, allowing 14 days for a written response before proceedings may be initiated.

21. General

No variation or amendment to any agreement is valid unless made in writing and signed by both parties. If any provision is found invalid or unenforceable, it shall be severed and the remaining provisions continue in full force. These Terms, together with any individual Service Agreement and its appendices, constitute the entire agreement between the parties and supersede all prior discussions, representations, and arrangements. You may not assign or transfer any rights or obligations to a third party without our prior written consent.

22. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the date at the top of this page. Continued use of our services after any changes constitutes acceptance of the updated Terms.

23. Contact

For questions about these Terms, please contact us:

• Email: info@embryolinks.com
• WhatsApp: +44 748 733 0095
• WhatsApp: +44 748 733 0096