Terms and Conditions

General

This website (the “Website”) is controlled and operated by MyGeneHub. Please read the following terms and conditions (the “Terms and Conditions”) carefully as they set out the basis upon which we will grant you access to the Website and permit you to avail of the goods and services via the Website. By using our Website and services you agree to our Terms and Conditions, so please review all these documents carefully.

These Terms and Conditions are the legal equivalent of a signed, written contract between you and MyGeneHub.

We may revise these Terms and Conditions at any time and for any reason. Such changes, revisions or modifications shall be effective after 30 days upon notice to you, which may be given by any means, including, without limitation, posting on the MyGeneHub Website. You are solely responsible for ensuring your review of the most up to date version of the Terms and Conditions. If you disagree with the Terms and Conditions within 30 days, your sole remedy is to discontinue your use of MyGenehub Website and Web portal. Any use of MyGeneHub Platforms by you after such notice shall be deemed to constitute acceptance of the changes.

Description of the Website

MyGeneHub provide users with information relating to our goods and services. It also provides users with the ability to purchase our goods and services and, where the user is our customer, with access to an account.

MyGeneHub.com is intended for informational and educational purposes only. They do not constitute medical advice, nor are a substitute for medical advice from a qualified healthcare provider. We do not practice medicine or provide medical services or advice. Prior to undergoing any testing or treatment, you should consult with a qualified healthcare professional regarding any risks, diagnoses, treatment, and/or any other potentially relevant healthcare issues.

Furthermore, healthcare information is constantly developing and recommended standards and practices may change quickly. Therefore, it is always best to consult with and confirm any and all information obtained from the MyGeneHub with your healthcare professional.

Use of MyGeneHub platform

THE USE OF MyGENEHUB PLATFORMS AND RESOURCES ARE NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, YOU MUST DISCONTINUE USE THE OUR PLATFORMS IMMEDIATELY AND DIAL THE EMERGENCY NUMBER.

How to Order

This Website allows you to avail of the following goods and services:

You can purchase genetic testing of your DNA, which will be delivered to you in one of the following forms: printed form, PDF or digital form depending on the chosen test.

You select the type of genetic testing and the number you require and add it to your shopping basket. Adding an item to your basket does not commit you to buy as you can always remove it later. Once you have selected all the items you require, go to the checkout and pay for your purchases by following simple instructions given there.

Please ensure that you include the following information with your order, as we cannot process your order without this information:

  1. name,
  2. e-mail address,
  3. contact telephone number,
  4. billing address,
  5. delivery address for the collector kit (this need not be the same as the billing address), but we assume that the delivery address is the address from where the sample will be sent back to us,
  6. the items you require.

Acceptance of order

All orders are subject to acceptance by MyGeneHub.

Once we have received your order, we will endeavour to confirm the details of your order on the website with a copy of the details of your order being sent to you by e-mail.

Delivery of collector kits

We aim to deliver your collector kit within seven days; however delays may occur due to unforeseen reasons in which case we will try to process your order as soon as possible.

The delivery charges that apply to your purchases are specified on the Webpage.

If the collector kit does not arrive within the time specified above please contact us at info@mygenehub.com quoting the order number, which you will receive following the completion of the checkout process.

After we receive your payment, we will issue an advance payment invoice for our internal system. If you wish to receive it, please let us know by email notice. After your analysis is completed, we will issue the invoice for your purchase and our performed services and send it to you with your results.

When you receive a collector kit, you must follow the instructions to provide your sample and then send it back to us on the same day that the sample has been taken. Any delay in returning the sample to us will increase the risk of test failure.

If your sample fails the analysis due to collection protocols not being followed, we may at our discretion send you one complimentary collector kit and ask you to repeat the process, without further charge.

Results of testing

The turnaround time for the tests to be done and the results delivered is specified. However, this is an indication only and is not binding nor is it "of the essence of the contractual relationship". If we have not made results available to you within 40 days of us receiving a testable sample, and unless we agree on alternative arrangements with you, you will receive a full refund and the contract will be cancelled.

The information (including results), content graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (the “Materials”) contained in your results and MyGeneHub Platforms are protected by copyright and other intellectual property laws. Subject to compliance at all times with these Terms and Conditions, we grant you, for a period of time, a non-exclusive license for personal purposes. Personal purposes mean for reading, viewing and/or printing of one available copy of the materials, as long as all copyright, trademark and other proprietary notices are left intact. Any other use of the contents of the genetic analysis, such as the reproduction, modification, distribution, transmission, re-publication, or use of content is prohibited. Any other use of your printed results and MyGeneHub Platforms, its contents and its underlying software, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on MyGeneHub Platforms are strictly prohibited.

You are responsible for ensuring that no unauthorised access is obtained into your account. You will be entirely liable for all activities conducted through your account whether authorised by you or not until you have notified us of such unauthorised use and we have stopped access to your user account. If we have reason to believe that there is likely to be a breach of security or misuse of your account, we may change any or all of your password or security code and notify you accordingly.

We reserve the right to suspend or terminate forthwith your right to use your user account if we have reason to believe that your password is being misused.

Results will be delivered to you either in a PDF, digital or printed form, and you are responsible for their security and safekeeping. Sharing your results with family, friends or employers should be done with caution as it may be used against your best interests.

Due to new scientific findings and progress in genetic technology, we are always striving to provide you with the best information. All the recommendations based on the DNA, lifestyle questionnaire and body measurement are based on the scientifically proven studies and/or doctor’s guidelines. The recommendations are written for a general, healthy adult population and do not take into account any of your personal health issues or the possibility of your pregnancy and breastfeeding.

You agree that the services might change from time to time without any prior notice. As part of this continuing evolution of science, you accept and agree that we might stop (permanently or temporarily) providing some services (or features within the services) to you without prior notice.

The list of the analyses may not fully correspond to the actual online list due to possible updates made from our side and the variation in the information we get from your DNA. In these special cases, we reserve the right that your list of analyses can vary.

We will deliver our results report to you by sending you an email inviting you to log in to our Platforms. Making the results report available online and sending you this email constitutes full delivery of our services.

Risk and considerations

Results provide limited insight into health and fitness. It is only one aspect of an individual’s entire health and fitness outlook and should not be assumed to be conclusive.

OUR RESULTS REPORT IS PREDOMINANTLY OF EDUCATIONAL NATURE. AND DOES NOT CONSTITUTE MEDICAL ADVICE FOR DETERMINING DIAGNOSES, TREATMENT, ALLEVIATION OR PREVENTION OF ILLNESSES AND IS NOT A SUBSTITUTE FOR YOU CONTACTING A HEALTHCARE PROFESSIONAL. THEREFORE, IF YOU HAVE ANY SERIOUS MEDICAL PROBLEMS OR IF YOU ARE PREGNANT (OR BREASTFEEDING), WE DO NOT RECOMMEND ANY NUTRITIONAL CHANGES BEFORE, CONSULTING YOUR PERSONAL DOCTOR. UNDER NO CONDITION SHOULD YOU CHANGE YOUR MEDICATIONS OR ANY OTHER MEDICAL CARE WITHOUT THE PERMISSION OF YOUR DOCTOR. YOU SHOULD NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ IN IN OUR RESULTS REPORT. IF YOU HAVE OR SUSPECT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU MUST CONTACT A QUALIFIED HEALTHCARE PROFESSIONAL IMMEDIATELY.

We do not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information that may be mentioned in any of our analyses. If we provide guidance on what might work for you based on genetic and self-reported information (lifestyle questions, body measurements) or scientific research, this is intended for research, information, and educational purposes only. Genetic, blood marker, and self-reported information often cannot provide conclusive information about the interaction between certain genes and environmental factors, which can significantly change a particular outcome.

Health, fitness, nutrition, or wellness behaviours should not be altered solely based on the information provided by us. Referral to a healthcare professional to discuss results is recommended before acting upon data provided by our services. There are other factors, such as other unknown genetic markers, environmental factors and lifestyle choices, which also affect wellness traits.

User representations

By accessing our services, you acknowledge and represent as follows:

  1. I confirm that I’m above the age of majority in the jurisdiction in which I reside if I provide a biological sample or if I access my genetic or blood marker information;
  2. I guarantee that the sample provided is coming from my saliva and if I’m agreeing to these Terms and Conditions on behalf of someone else from whom I have legal authorisation, I guarantee that the sample provided belongs to that person and I have the legal authority to act on that person’s behalf.
  3. If I’m providing my saliva sample from a place outside of UK, I confirm that this action is not subject to any export ban or restriction in the country where I live. I acknowledge that any saliva sample that I provide, and its resulting information can be transferred and/or processed outside the country where I live;
  4. I’m responsible for all the consequences resulting from sharing my result information and self-reported information with others.
  5. I acknowledge that all my personal information will be kept in MyGeneHub/GenePlanet separate databases and will be processed as stated by our Privacy Policy.
  6. I acknowledge that by providing a sample, having my genetic information or markers analysed, accessing my genetic information or providing information about myself, I do not have any proprietary or other rights in any research or products that might be developed by us or our partners. I understand that I will not benefit in any way from research or from products resulting from my genetic information, analysis, or self-reported (lifestyle questionnaire, body measurements) information.
  7. In case I break any of these representations in national legislations or breach these Terms and Conditions in any manner, MyGeneHub has the right to terminate my account and refuse the future use of MyGeneHub services.

Our partner GenePlanet may disclose your Personal Data to other entities for legitimate business purposes in accordance with applicable law. In addition, we may disclose your Personal Data to:

  1. You, and, where appropriate, your family or authorised legal representative;
  2. Your physician (where appropriate);
  3. Third-party processors (e.g. payment services providers, shipping companies, researchers health institutions and/or laboratory); health institution and/or laboratory can use my clinical data and test results for the need to provide and improve the quality of the service, research purposes and evaluation of the service;
  4. Web service providers (e.g. cloud storage, data aggregation services, targeted marketing);
  5. Disclosures required by law or for regulatory compliance.
  6. Any relevant party for the purposes of prevention, investigation, detection or prosecution of illegal activity that may expose us to legal liability or costs, to enforce our policies governing our Websites.

We may use anonymous test results in a statistical database for scientific purposes and to facilitate and improve the diagnosis of genetic changes and diseases in other patients. I understand that I will remain anonymous and unidentifiable during data analysis and that any personal information will be rendered non-personal beforehand in case GenePlanet intends to use it for any reports or publications. I understand that my refusal will not influence my right to get the test;

Unused test material might be important for further research and new findings. Also, it may be used in case you decide to order other tests from our portfolio (no need for re-sampling). Our partner GenePlanet will store unused material and use the remaining test material for the research purpose of new potential insights/findings (e.g. discovery of the role of the novel genetic variants), quality assurance and the latest tracking of results beyond the testing time period.

Data and rights

We only use your personal data in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important information about how we use your personal data.

We ask you to give us your personal data through MyGeneHub Platforms, to enable us and our partner GenePlanet to:

  • deliver collector kits to you;
  • process the results of your test;
  • provide you with a results report; and
  • where required, provide you with a healthcare comment prepared by a healthcare practitioner engaged by us or permit a healthcare practitioner to contact you.

We subcontract the despatch of collector kits to third party companies. In accordance with the strict rules of confidentiality we will share your personal data and/or sensitive personal information, including your name and your contact details within a reasonable extent necessary to carry out the purposes described above to our authorised personnel and/or service providers order to fulfil the service.

Price and payment

Payment via credit card

If you opt for this payment method, before confirming the order, you must enter the information of the credit card with which the payment will be processed.

All credit card payments are made directly through the secure system of Stripe, our partner for payment processing solutions, and their banking partners. MyGeneHub does not store any information about credit cards since the entire payment verification process is carried out by Stripe and its banking partners directly.

It is your responsibility to ensure that the selected credit card is active and has sufficient funds available to process the transaction successfully. Any additional charges, generated if the credit card is rejected by any reason, will be borne solely by the customer.

Payment via PayPal

If you opt for this payment method, before confirming the order, you will be redirected to the PayPal website, where you must log in with your username and password, or create an account, if you do not have an active one. Once the payment is processed successfully in PayPal’s online platform, you will be redirected back to our website, where the confirmation of the payment and the order will be available.

If you select PayPal, it is your responsibility to pay for services and to ensure that your PayPal account is active and has sufficient funds available to process the transaction successfully. Any additional charges, generated in case that the transaction is rejected, will be borne solely by you.

MyGeneHub reserves the right to change its prices at any time

Right of cancellation and refunds

If you wish to cancel your order, please contact us as soon as possible, and we will confirm whether you can do so and what refund will apply. The below assumes that you notify us of your intention to cancel within 7 days of the order confirmation.

  • If we have not yet sent you a collector kit, we will issue a refund.
  • If we have already sent you a collector kit, we may issue you a refund and deduct shipping fees, kit costs and handling fees.
  • If your sample has already been analysed, you will not be eligible for a refund.

We will refund you on the credit card or debit card used by you to pay. The refunded amount may be visible in your bank account in up to 30 days after we confirm granting the refund.

We seek to ensure that you are happy with your purchases. If you wish to share your opinion and your experience with us regarding our goods or services, please contact us at info@mygenehub.com.

Apart from your cancellation right, where any valid claim in respect to any item or service sold by us is based on any defect in the quality or condition of the items or service or their failure to meet specification, we shall be entitled to replace the goods or service (or the part in question) free of charge or, at our sole discretion, refund the price of the items or service (or a proportionate part of the price), but we shall have no further liability to the purchaser to the fullest extent permitted by law.

Use of the materials or trademarks on the Website

The materials on the Website belong to or, are licensed to MyGeneHub and its subsidiaries. The materials are protected by copyright. You may e-mail, download, or print copies of the materials on the Website, for your personal, non-commercial use only. However, when you e-mail, download, or print a copy of the materials on MyGeneHub or our partner GenePlanet Platforms for your personal use, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

We own the names we use for our products and services on ours and partner Platforms, and these names are protected by trademark laws. All trademarks are the property of their respective owners.

There may be special rules for the use of materials provided on certain parts of MyGeneHub Platforms, which will be posted near the relevant materials.

Use of the materials or trademarks on our Platforms in a way that is not permitted by these Terms and Conditions, constitutes a violation of your agreement with us and may also be a violation of copyright, trademark, and other laws. In such cases, we automatically revoke your permission to use MyGeneHub Platforms. Title to the materials remains with us or with the authors of the materials contained on ours and our partner Platforms. We reserve all rights not expressly granted to you.

Links to other Websites

We may provide links to websites on the Internet which are operated by third parties. Such links are provided for your convenience only. We make no representations whatsoever about any other websites which you may access through our website or which may link to the Website. When you access any other Website you understand that it is independent of us and that we have no control over the content or availability or privacy practices of that website.

Warranties and disclaimers

WHILST ALL REASONABLE EFFORTS ARE MADE TO ENSURE THAT ANY INFORMATION, INCLUDING THE RESULTS, SUPPLIED BY US IS CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE TIMELINESS, ACCURACY OR COMPLETENESS OF SAID INFORMATION. YOU CAN NOT RELY SOLELY ON THE CONTENT OR INFORMATION RECEIVED FROM GENETIC ANALYSIS TO BASE YOUR DECISIONS ABOUT IMPORTANT PERSONAL AND MEDICAL DECISIONS ON IT. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR ADVICE, WHICH WOULD BE SPECIFIC IN TERMS OF YOUR PARTICULAR SITUATION.

We make no representations, warranties or undertakings that our Platforms, or the server that makes it available, will be compatible with your equipment or free from defects, including but not limited to viruses or other harmful elements. We accept no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond our control, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of the Website or your equipment.

We will make the necessary arrangements to ensure that MyGeneHub Platforms are fully operational at all times. However, due to the nature of interactive services and the internet generally, we cannot guarantee that our Platforms will be free from delays, interruptions or errors and access to our Platforms may be suspended (whether by us or due to external causes) temporarily and/or without notice. We will not be liable for any loss or damage arising from our Platforms not being available (whether for internal processing reasons or otherwise).

In rare cases for specific analysed sample, it is not possible to obtain unambiguous information due to biological or technical reasons. This means that the detected signal is of such a low quality, that it is not possible to claim with 100% certainty, what the result is. When the obtained results were not conclusive due to various reasons, a resample is needed to increase the data set for further analysis. To repeat the test, we require an additional sample and a further 40 calendar days to deliver your results. There is no further charge for resampling.

Except as expressly set out in these Terms and Conditions, all representations, warranties, terms and conditions whether express or implied in relation to GenePlanet Platforms or the information contained therein are hereby excluded to the fullest extent permitted by law.

Please note that any limitations or exclusions set out in these Terms and Conditions of sale shall not operate to affect any statutory rights to which you are entitled to as a consumer.

Indemnity

You agree to indemnify, defend and hold MyGeneHub and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms and Conditions; or (ii) your activities in connection with this Website.

By submitting any communication or material to MyGeneHub, you agree that: (1) if you are a healthcare professional you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorisations to disclose; (2) you will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another's computer; (3) such content will be deemed non-confidential; and (4) you grant to MyGeneHub a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, modify, publish, perform, transmit, distribute, prepare derivative works of and display such content via any media in accordance with MyGeneHub Privacy Policy and waive any moral rights you may have in such content. Subject to MyGeneHub Privacy Policy MyGeneHub shall be free to use such content, including any ideas, concepts, know-how or techniques contained in such content, for any reason. It is the policy of MyGeneHub to enforce its intellectual property rights to the fullest extent permitted by law.

Our liability

We only supply our DNA and lifestyle evaluation tests and reports for personal and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Subject to clause previous paragraph, our total liability to you arising in connection with an order will be limited to the price you have paid us so that you can get some or all of your money back. In particular, we are not liable for any loss, delay, inconvenience or damage you suffer as a result of:

  • damage to the sample in transit from you to us, or your sample being untestable for some other reason;
  • any ill-effects you may suffer from a blood collecting device (only for a blood test);
  • any ill-effects you may suffer from loss of a small amount of blood or any failure of the needles made by the blood collection device to heal properly. Please do not use the blood collection device if you have any reason to believe you may be susceptible to such problems (only for a blood test);
  • any use you choose to make of the findings of the results report (including any healthcare comment which may accompany the results report). The results report will set out the measurements that have been conducted on your behalf, based upon your blood, DNA or lifestyle results alone, they do not seek to interpret what those measurements mean, so any reliance you make on those measurements is at your own risk. A results report, and any healthcare comment (if provided), is intended for informational purposes only and does not constitute medical advice and is not a substitute for seeking the advice of a physician.

Events outside our control

We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under an order that is caused by an event outside our control (force majeure).

An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an event outside our control takes place that affects the performance of our obligations under the order/purchase:

  • we will contact you as soon as reasonably possible to notify you; and
  • our obligations under the order/purchase will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the event outside our control affects our delivery of collector kits to you, we will arrange a new delivery date with you after the event outside our control is over.

You may cancel an order/purchase affected by an event outside our control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, you will have to return (at our cost) any testing kits you have already received and we will refund the price you have paid, including any delivery charges.

Other important terms

When we refer, in these Terms and Conditions, to "in writing", this will include e-mail.

Each paragraph of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms and Conditions are governed by English law. This means an order for the purchase of tests through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of UK will have non-exclusive jurisdiction.

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