Website Usage Terms & Conditions
- Definitions
1.1.
(a) – Any reference to ‘Myogenes’ or the ‘Company’ or ‘we/us/our’ shall mean Myogenes Limited, we are a company registered in England with company number 10399052 and our registered office address is at Kinetic Business Centre, Theobald Street, Elstree, Hertfordshire WD6 4PJ, UK.
(b) – ‘Terms and Conditions’ means these terms and conditions of sale.
(c) – ‘Customer’ shall mean you.
(d) – ‘Contract’ shall mean an y legally binding contract for the supply of the Testing Services by the Company to you which shall be concluded in accordance with clause 6.2.
(e) – ‘Customer Details Form’ shall mean the customer details form supplied to you with the Testing Kit, which asks you specific questions in relation to the Testing Services.
(f) – ‘Customer Information Leaflet’ shall mean the customer information leaflet relating to your use of the Testing Kit supplied to you with the Testing Kit.
(g) – ‘Email Confirmation’ as defined in clause 6.2.
(h) – ‘Order’ shall mean your purchase of the Testing Services which shall be concluded when your payment has been taken in accordance with clause 4.2.
(i) – ‘Labs’ shall mean the laboratories that we use in the USA to analyse your Saliva Sample and generate the Results.
(j) – ‘Price’ as defined in clause 4.4.
(k) – ‘Prior Consultation’ as defined in clause 5.1.
(l) – ‘Representatives’ as defined in clause 3.2(c).
(m) – ‘Results’ the results of your Saliva Sample which shall be sent by the Labs to Myogenes and which Myogenes will forward to you in the form of a hard copy book.
(n) – ‘Required Information’ as defined in clause 4.1(c).
(o) – ‘Testing Kits’ means the genetic testing kits sent to you on completion of your Order.
(p) – ‘Testing Services’ means the supply of the testing kits and the testing of the Saliva Sample procured by Myogenes on your behalf and without limitation related services including the Results thereof.
(q) – ‘Website’ means www.myogenes.co.uk.
(r) – ‘You’ shall mean the person ordering the Testing Services in accordance with and subject to these Terms and Conditions (you may also be referred to as the ‘Customer’ in these Terms and Conditions).
You can contact us to place an Order for the Testing Services, to provide us with feedback or for any other reason by sending an email to info@myogenes.com or by calling 020 8387 1266.
- Services
2.1.
What we do (subject to the provisions of these Terms and Conditions):
(a) we procure genetic testing services on behalf of our customers (Testing Services);
(b) the Testing Kit that we sell as part of our Testing Services mixes your saliva sample with a liquid which is contained in the bottle of the Testing Kit (Saliva Sample);
(c) the Testing Kit also contains a Customer Information Leaflet with instructions that you need to follow when producing your Saliva Sample in order to generate the Results.
(d) the Testing Kit also contains a Customer Details Form which you need to complete accurately and truthfully in order to generate the Results.
(e) once you send your Saliva Sample to us, we will send your Saliva Sample and your Customer Details Form for testing to laboratories engaged by us (Labs), the Labs will generate the results of your Saliva Sample and send the Results to us and we will arrange for the Results to be sent to you.
(f) When you send your Saliva Sample back to us, you agree that we can send your Saliva Sample to Labs engaged by us in various jurisdictions for testing and the generation of the Results. If you require further information about the Labs, please contact us on 020 8387 1266 or send us a request by email to info@myogenes.com. In any event, you agree that you will not contact the Labs directly.
2.2.
You acknowledge and agree that as genetic testing technology evolves and advances, Myogenes may change the Testing Services in whole or in part. You therefore acknowledge and agree that the form and nature of the Testing Services may change from time to time and by continuing to use the Testing Services, you agree to such changes.
2.3.
Myogenes assumes no responsibility for the use of the Testing Services outside of the scope of these Terms and Conditions.
2.4.
You acknowledge and agree that Myogenes may permanently or temporarily stop providing the Testing Services in whole or in part to you or other users at its sole discretion and without providing further notice to you.
- You
3.1.
By placing an Order for the Genetic Testing Services in the UK, you confirm that:
(a) you are at least 18 years old; and
(b) you are legally capable of entering into legally binding contracts.
3.2.
You agree to use our Website and purchase the Testing Services with care and you understand that:
(a) The provision of the Testing Services to you is conditional on you reading and following the instructions contained in the Customer Information Leaflet carefully.
(b) The provision of the Testing Services is conditional on you completing the Customer Details Form carefully, honestly and accurately. You must reveal and disclose all relevant information truthfully and to the best of your knowledge.
(c) The provision of the Testing Services is conditional on you answering our agents, employees, or representatives’ (‘Representatives’) questions on the phone, by email or via any other medium used by Representatives carefully, honestly and accurately (‘Required Information’)
(d) Myogenes is not liable to you for
(A) a failure by you to provide and consistently maintain and update the Required Information.
(B) a failure by you to follow the advice given by our Representatives and the the Customer Information Leaflet in relation to the use of the Testing Kit or otherwise.
(C) A failure by you to understand the information given by us on our Website, the Customer Information Form, the Customer Details Form or otherwise. All of the information that we supply to you is in English. You are solely responsible for ensuring that you understand the information given and questions asked by the Customer Details Form and by our Representatives.
3.3.
Subject to clauses 3.4 and 3.5, you understand that you should not purchase the Testing Services or answer any of our questions on behalf of anyone other than yourself, unless you have permission from the relevant individual and we receive express verbal or written consent from the relevant individual.
3.4.
You agree to indemnify Myogenes against all costs, claims, expenses and any loss or damage that Myogenes may suffer as a result of you providing Myogenes with saliva samples, which have not been legally obtained. Myogenes strongly advises that you should obtain independent legal advice about your legal entitlement to take or obtain saliva samples from persons other than yourself. You warrant that you are not suffering from mental disorder (in accordance with the definition of a person suffering from mental disorder within the meaning of the Mental Health Act 1983) and are therefore incapable of understanding the nature and purpose of the Testing Services.
3.5.
In such instances where you do or do not discuss with one our Representatives that you are carrying out the test on behalf of someone else, Myogenes makes no representation that you are legally entitled or otherwise entitled to obtain biological samples for analysis.
- Pricing & Payment
4.1
You can place an order for the Testing Services via the Website or on the phone with one of our Representatives. By making and receiving payments through the Website, you acknowledge and agree that we may pass on your information to Paypal or to any other payment provider that we may use from time to time. If you require further information about Paypal, please visit their website.
4.2
Myogenes will pass on changes in the rate of VAT. If the rate of VAT changes between the date of your Order and the date that you receive the Testing Kit and/or your Results, Myogenes will adjust the VAT that you pay unless you have already paid for the Testing Services in full before the change in the rate of VAT takes effect.
4.3
Once you have placed an Order on the Website or on the telephone with one of our Representatives, you will be sent a receipt by email once the payment has been successfully taken. You are responsible for providing valid credit or debit card details at the time of placing your Order. We reserve the right not to deliver the Testing Kit to you if your payment details have expired or are invalid in any way or if your payment is not processed or approved by your bank. If this happens, we will attempt to contact you to enable you to provide updated information.
4.4
By providing us with payment details, you confirm that you are authorised to use those payment details and you authorise us and our service provider to process your payment and take payment in full for your Order and any delivery fees and other applicable charges that you have agreed to.
4.5
All princes quoted on this website are exclusive of VAT and postage. You will be told the full Price online or on the telephone immediately before confirming your Order.
4.6
Please ensure that you keep your contact details up to date so that we can contact you about your Order if necessary.
- Variation, Cancellation & Delay
5.1
Subject to clause 5.2, for any unused Testing Kits which are posted to you, you can change your mind and cancel your Order, and this is provided that you do so within 14 calendar days of delivery and the Testing Kit is unopened and unused.
5.2
For the Testing Services, you have the legal right to cancel your Order up to 14 calendar days after the Testing Kit has been delivered to you or delivered to the person who signs for it, or until such time that you use the Testing Kit, which ever is the earlier. If you are within your rights to cancel the Order, and/or obtain a refund or for any queries or concerns over a faulty/damaged Testing Kit, you can contact us on 020 8387 1266 or by sending an email to info@myogenes.com Please note that returns of Testing Kits will be at your own expense unless the Testing Kit is damaged or faulty. All refunds will be processed in 5 Business Days of Myogenes receiving the Testing Kit back from you and processed refunds may take up to five Business Days to appear on your bank or card statement. Please make sure that you keep the Testing Kit in your possession prior to its return to Myogenes.
5.3
Myogenes reserves the right to vary the Price for the Testing Services in the period between the date of conclusion of the Contract and the performance of the Testing Services in full in the event of and to the extent of (but not limited to) any increase in the cost of labour, materials, consultancy fees, Lab fees or any delay howsoever caused by any other variation in the costs to Myogenes of providing the Testing Services. Myogenes shall notify you of any changes to the advertised price and you will have a right to proceed with your Order or cancel the Order within 7 days of such notification being sent to you.
5.4
Myogenes reserves the right not to supply you with the Testing Services at any time and Myogenes reserves the right to cancel the Contract if the Testing Services were advertised at an incorrect price due to a technical or typographical error.
5.5
Time shall not be treated as being of the essence in respect of the Contract or these Terms and Conditions and any timeframes advised by the Website or Myogenes’ Representatives to you in respect of the conclusion of the Testing Services or the delivery of the Results or otherwise shall be estimates only and not final and binding.
5.6
Myogenes shall not be liable to you for any loss or damage direct or indirect, caused or occasioned by any delay howsoever arising from the performance of the Testing Services.
5.7
Your Order for the Testing Services will be completed after your Results have been sent to you by Myogenes.
- Contract
6.1
When you give your payment details to Myogenes in accordance with clause 6.2, you shall be legally bound to have made an offer for the Testing Services.
6.2
The Contract for the Testing Services is concluded between you and Myogenes at the time that the Order is confirmed and Myogenes sends you email confirmation that your payment has been taken (Email Confirmation). These Terms and Conditions will become binding on you when the Contract has concluded in accordance with this clause and your payment has been taken. You acknowledge that you have not entered into this Contract in reliance upon any warranty or representation made by Myogenes or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than fraudulent misrepresentation) that is not contained in these Terms and Conditions.
6.3
The subject matter of the Contract shall remain confidential and shall not be disclosed or used for any unauthorised purpose. Subject to the provisions of the Data Protection Act 1998, the existence of the Contract may be divulged by Myogenes for bona fide marketing purposes unless otherwise agreed with you. Myogenes will not disclose to third parties other than as required by a court of law or other competent or regulatory authority, any proprietary data and other information concerning the Saliva Samples or the Results obtained under the Testing Services without your prior written consent.
- Information About the Testing Services & Results
7.1
The information that Myogenes or the Labs provide to you may be information that you do not anticipate receiving. You should understand and be aware that as genetic testing research advances, you may need to obtain further Testing Services from Myogenes, the Labs, consultants or from your doctor or GP.
7.2
There may be times when the Labs are unable to process your Saliva Sample, this may be due to (but not limited to) your Saliva Sample containing an insufficient amount of DNA or not mixing effectively with the liquid in the Testing Kit, or the results from the processing of your Saliva Sample not meeting the Labs’ required standards of accuracy to generate the Results. If the Labs are unable to process your Saliva Sample due to the reasons set out in this clause or due to any other reasons, then a Representative of Myogenes will contact you to discuss your options going forward.
7.3
Further genetic testing research is being conducted constantly and as such, future scientific findings or changes in genetic testing procedures may change the interpretation or validity of your Results which may deem previous research or Results to be incomplete or inaccurate.
7.4
Myogenes and the Labs do not endorse or guarantee the accuracy or effectiveness of the Results or any recommended course of action advised by Myogenes or the Labs by way of the Results or otherwise. Only your GP or doctor can assess your current state of health or diagnose disease by taking into account all of the relevant factors and variables. You should not take any decisions regarding your health or your lifestyle based solely on your Results and if you do so, you do so entirely at your own risk.
7.5
By placing an Order for the Testing Services you acknowledge and agree to the following:
(a) the information provided by Myogenes and the Labs (including but not limited to the Results) is not intended to diagnose, prevent or treat any health condition or disease or to advise on the state of your health in the absence of medical and clinical information.
(b) you agree that the Saliva Sample that you provide and the Results will be transferred and processed outside of the United Kingdom.
(c) you confirm that you will take responsibility for all possible consequences resulting from your sharing of your Results with others.
- Website & Intellectual Property Rights
8.1
Myogenes is the owner of all of the intellectual property rights in the Website and the Testing Kits and such rights are protected by copyright laws and treaties around the world.
8.2
Myogenes reserves the right to suspend or terminate your access to the Website or the Testing Services at any time at its sole discretion without giving notice to you.
- Limitation of Liability
9.1
The information give to you by our Representatives on the telephone and the information provided by us to you on our Website is provided without any guarantees, conditions or warranties as to its completeness and accuracy.
9.2
Except in the event of death or personal injury, if Myogenes fail to comply with these Terms and Conditions, our total liability to you will by limited to the Price that you have paid for the Testing Services.
9.3
Myogenes will exercise all reasonable skill and diligence in providing the Testing Services to you but Myogenes does not represent, warrant or guarantee that any particular result (whether expressly specified by you or not) will be achieved or produced by the Testing Services or the Results.
9.4
Myogenes shall not be liable or responsible for any failure to perform its obligatons under these Terms and Conditions or otherwise which are caused by circumstances beyond its control including but not limited to any act of God, war, strike, lockout, industrial action, breakdown of systems or network access, flood, drought, storm or other event beyond the control of Myogenes.
9.5
To the fullest extent permitted by law, Myogenes, the Labs and any other third parties connected to Myogenes expressly exclude without limitation any liability in respect of and in connection with your purchase of the Testing Services, your use of the Testing Kit or otherwise for:
(a) loss of business, income, revenue, profits, contracts, anticipated savings, data, goodwill or administrative time.
(b) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(c) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website, inability to use our Website, information on our Website and the Testing Services, any Websites linked to it and any materials posted on it.
(d) any loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if such loss was foreseeable.
9.6
Nothing in these Terms and Conditions shall limit Myogenes’ liability for:
(a) death or personal injury arising from our negligence; or
(b) fraudulent misrepresentation.
- Indemnity
10.1
You shall indemnify Myogenes and keep it indemnified against all claims, losses, costs and expenses (including legal expenses on an indemnity basis) howsoever arising in respect of any claims made by third parties against Myogenes in respect of the provision of the Testing Services by Myogenes to you.
10.2
You shall indemnify Myogenes, the Labs and all of Myogenes’ Representatives, employees, contractors, successors and assigns and keep them indemnified against any and all claims arising out of your use of the Testing Services and the Results and your disclosure of the Testing Services and the Results including disclosure of the Results to third parties including but not limited to doctors, GP’s and insurers.
10.3
You acknowledge and agree that Myogenes shall not be liable to you or to any third party for any temporary or permanent modification, suspension or termination of the Testing Services.
- Assignment
11.1
Myogenes may be acquired at any time in whole or in part by another entity. This will be done without prior notice to you.
- Events Outside of our Control
12.1
You agree that no party shall be held liable for any delay or non-performance of these Terms and Conditions which arise from a cause that is beyond its control, such causes shall include but shall not be limited to acts of God, governmental acts, war, fire, flood or explosion.
12.2
By placing an Order for the Testing Services with Myogenes, you agree to these Terms and Conditions in whole. If you do not agree with the whole or part of these Terms and Conditions, you should not place an Order for the Testing Services.
- Variations
13.1
Myogenes Genetic Testing UK may revise these Terms and Conditions from time to time by amending this page. You are expected to check this page from time to time to take note of any changes that Myogenes has made to these Terms and Conditions as they are binding on you. Please also note that some of the provisions set out in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Website.
- Survival of Terms
14.1
When these Terms and Conditions come to an end, all of the legal rights, obligations and liabilities that you and Myogenes have benefitted from, been subject to or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of the following sections shall continue to apply to such rights, obligation and liabilities indefinitely:
(a) Definitions (Clause 1);
(b) Services (Clause 2);
(c) You (Clause 3);
(d) Variation, Cancellation and Delay (Clause 5);
(e) Information about the Testing Services and the Results (Clause 7);
(f) Website and Intellectual Property Rights (Clause 8);
(g) Limitation of Liability (Clause 9);
(h) Indemnity (Clause 10);
(i) Assignment (Clause 11);
(j) Events outside of our control (Clause 12);
(k) Variation (Clause 13);
(l) Survival of Terms (Clause 14);
(m) Entire Agreement (Clause 15);
(n) Jurisdiction and applicable law (Clause 16).
- Entire Agreement
15.1
By placing an Order for the Testing Services, you acknowledge and agree that these Terms and Conditions form the entire agreement between you and Myogenes in respect of your Order for the Testing Services and these Terms and Conditions supersede all prior agreements, arrangements and understandings between you and Myogenes relating to your Order for the Testing Services.
- Jurisdiction & Applicable Law
16.1
The courts of England will have exclusive jurisdiction over any claim arising from, or related to your Order for the Testing Services. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of England and Wales.
