You agree for MTHFR GENETICS to act on your behalf and to use your personal data you submitted on MTHFR GENETICS’s website and collected from you via physical, paper forms, to order DNA test kit, genetic testing and raw data from a DNA testing company. You give MTHFR genetics UK legal authorization to provide your DNA sample to DNA testing company. Your use of MTHFR GENETICS's Services regarding your DNA testing and raw data is subject to the terms of the legal agreement between you and the laboratory set forth in these Terms of Service ("TOS"). Except as specified herein, these TOS apply to any use of the Services, including but not limited to a) submitting a saliva sample for DNA extraction and processing, b) uploading a digital version of your Genetic Information and interacting with it on the laboratory’s website. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by MTHFR GENETICS for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that the laboratory will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular laboratory Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. The laboratory also may offer other services from time to time that are governed by different terms of service.
Before using the Website, ordering a DNA testing kit or having access to the results of the DNA testing, you must review and accept these terms and conditions which incorporate the testing company’s Privacy Statement and all other policies referred to herein by reference (the "Terms and Conditions" or "Agreement"). You are legally bound by this Agreement, which is between you and the testing company. This Agreement defines your rights and responsibilities as a user of the Website and DNA testing services ("User").
The testing company’s e Services (as defined below) are operated and provided by the company from the United States of America. DNA testing and access to the company’s Website are governed by this Agreement. This Agreement, is, to the extent permitted by the local laws of your country of residence, governed by the laws of the State of Utah and the United States.
Becoming a User and having DNA tested as a part of these Services results in your personal and genetic information being transferred to, and stored in the United States, and in your personal and genetic information being processed in the United States, Ireland and your country of residence and you specifically consent to the said transfer, storage and processing.
The testing company is a DNA testing service which delivers Users Results online.
If you submit a DNA sample of a minor you must be the minor's parent or legal guardian and provide written confirmation of such in a format acceptable to the testing company if requested prior to Results for the relevant minor being provided.
These Terms and Conditions, together with the testing company’s Privacy Statement and any other legal notices or terms published by the company on the Website, shall constitute the entire agreement between you and the testing company concerning the Services. If you don't agree with any of these terms, you must not use this website or its services.
All DNA testing performed by the testing company on samples submitted for testing or by uploading a digital version of a DNA analysis is done for genetic research, including population health and ethnicity-related analyses, and not for individual medical or diagnostic purposes. The testing company will analyse Users' genetic health information, to provide results.
Before providing a DNA sample for testing, you represent that you are eighteen (18) years of age or older. In addition, you represent that any sample you provide is either your DNA or the DNA of a person for whom you are a parent or legal guardian.By submitting DNA samples to MTHFR Genetics UK, you give permission to the testing company to extract the DNA from the samples, perform genetic tests on the DNA using test methods available now and developed in the future, to disclose the results of the tests performed to you and others that you authorise, to store the samples for additional genetic testing (for example the testing company may be able to provide more detailed and accurate Results by additional genetic testing in the future) and to store the results of the DNA tests, in each and every case subject to and in accordance with this Agreement and with the tetsing company’s Privacy Statement.
The testing company does not claim any ownership rights in the DNA that is submitted for testing. Any genetic information derived from the DNA continues to belong to the person who submitted the DNA sample, subject only to the rights granted to testing company in this Agreement. Any DNA sample submitted to us cannot be returned and shall be stored by the testing company or its agents.
The testing company will, if requested by you, destroy the saliva sample provided by you.
In addition, you understand and agree that by providing any DNA to us, you acquire no rights in any research or commercial products that may be developed by the testing company that may relate to or otherwise embody your DNA.
By submitting DNA to MTHFR Genetics UK, you grant the testing company and its Group Companies a perpetual, royalty-free, world-wide, transferable license to use your DNA, and any DNA you submit for any person from whom you obtained legal authorization as described in this Agreement, and to use, host, sublicense and distribute the resulting analysis to the extent and in the form or context the testing company deems appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered subject to the terms and conditions of this Agreement and the Privacy Statement. You hereby release MTHFR Genetics UK and the testing company from any and all claims, liens, demands, actions or suits in connection with the DNA sample, the test or results thereof, including, without limitation, errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if you stop using the Website or the Services.
You confirm that in submitting your saliva sample it is not subject to any export ban or restriction in the country in which you reside. You also agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide the representations in this Agreement and you explicitly waive any laws or regulations relating to DNA testing and storage from the state or jurisdiction in which you reside to the extent permissible by applicable law. You agree that the sample will be tested and stored in the United States as provided in this Agreement. You further agree that your Results may only be accessible through the testing company’s Website or through the invitations sent to you by MTHFR Genetics UK via email. You may also not be able to use the Results in a website targeted to your country of residence or hosted outside the United States or United Kingdom.
Fees and Payments
You must be 18 years or older to order the DNA Test and use the testing company;s services. If you have reason to believe you have an active infectious disease, condition or disorder please do not return your kit to us until such time as that disease condition or disorder is no longer infectious or has been cured.
You must provide MTHFR Genetics UK with accurate, complete, and up-to-date information. Failure to do so will constitute a breach of this Agreement.
Cancellations and Refunds. You have the right to change your mind and cancel your order for a DNA test and receive a full refund at any time within 14 days of placing the order. To cancel please contact us using the contact page on our website. You will be required to quote your order number when cancelling which number will be set out on the order confirmation email send to you by us following the placing of your order. Your right to cancel will lapse 14 days following the date of order. If you cancel your DNA test having already submitted it, you will not be able to access any DNA test Results. Your refund will only be provided via the credit card or PayPal account you used to purchase the DNA Services. Please allow a reasonable time for the credit to reach you.
Replacement Testing Kits. Should you require a replacement DNA testing kit, you may contact us using the contact page on our website. Replacement kits are £35.00 per kit (plus applicable shipping and handling).
Prices Subject to Change. Prices may be changed by MTHFR Genetics UK and the testing company at any time.
Communications Between the testing company and You
MTHFR Genetics UK is the mediator in the contact between you and the testing company. MTHFR Genetics UK can contact you (via the Website, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Services, of any related products and services offered by the testing company as relevant to you. Results. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You accept that MTHFR Genetics UK will opt out of commercial advertising and marketing communications offered by the testing company at any time.
Modifications to this Agreement
The testing company may modify these Terms (including any of the terms or policies incorporated by reference herein), the Website, or the Services at any time in order to take account of changes to user preferences, the Internet economy, applicable laws and industry practices, or other reasons. Changes will be posted on the Website or notified by email, postal mail or otherwise. If you do not accept these updated Terms or do not wish to be bound by changes following posted notices you should discontinue use of the Website and the Services.
We make no express warranties or representations as to the quality and accuracy of the Content, the Website or the Services, and we disclaim any implied warranties or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content, the Website and the Services on an "as is" basis and do not accept responsibility for any use of or reliance on the Website, Content or Services, or for any disruptions to or delay in the Services. In addition MTHFR Genetics UK and the testing company do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website, Content or Services. MTHFR Genetics UK does not guarantee the adequacy of the Services or Website or compatibility thereof to your computer equipment, mobile devices, and environment.
To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of the use of money; (ii) loss of anticipated savings; or (iii) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Websites or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Websites and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.
You agree to defend, indemnify and hold harmless MTHFR Genetics UK and the testing company, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and Services and all platforms used to deliver those services and products (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Website and Services.
MTHFR Genetics UK may provide opportunities to Users of the Website to purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. MTHFR Genetics UK and the testing company makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from the testing company.
These Terms and any disputes arising out of or relating to these Terms, the Services or the Website (including contract, tort, statutory and other claims) shall, to the extent permitted by law, be governed by and construed in accordance with the laws of the State of Utah and subject to jurisdiction of the courts of the State of Utah/ United States of America for the testing company and with the laws of United Kingdom for MTHFR Genetics UK. These laws may provide a different level of protection than in your country of residence however your mandatory statutory rights, including in relation to court jurisdiction, shall be unaffected.
You wave off your access to any sweepstakes, contests, raffles or other promotions (collectively, "Promotions") made available by the testing company.
Assignment. The testing company assumes the right to assign or transfer our rights and obligations under these Terms to any person who agrees to assume and comply with all the obligations set out in these Terms in circumstances that will not affect your rights or our obligations under these Terms. These Terms are personal to you and, as a result, you may not without the written consent of the testing company assign or transfer any of your rights and obligations under these Terms.
Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with the Privacy Statement and any legal notices published on the Websites of the testing company and the MTHFR Genetics UK website shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by testing company.
How does the testing company use your personal information?
When you provide us with any personal information, which includes your DNA sample, that personal information will be transferred to and stored in the United States, and will be processed in the United States, Ireland and the United Kingdom. By providing us with personal information, you specifically consent to the transfer and storage of personal information to and in the United States, and to the processing of personal information in the United States, Ireland and the United Kingdom.
The testing company and MTHFR Genetics UK primarily uses of all your personal information to provide you with relevant information such as the Results (including updates to your Results), the latest information about DNA Tests, informational updates that you have requested through our Website, or to address customer service needs and requests. We also use your data to fulfil the purposes for which you have provided the personal information, such as processing your order.
We will use your personal information to verify your identity so that you can carry out transactions through our Website, such as completing financial transactions relating to payments you make online.
In order to improve the the testing company’s Website and the Services (or to develop new products and services), we may use your personal information for internal data analysis, studying how our Website is used, identifying usage trends and determining the effectiveness of promotional campaigns.
Our communications with you will generally be via email, but may be made via telephone, direct mail or another method of communication in select circumstances. You may also receive promotional offers from MTHFR Genetics UK. If you do not want to continue to receive promotional emails, you may opt out at any time by contacting us via the contact page on our website.
The testing company will internally analyse Users’ results to make discoveries in the study of genealogy, anthropology, evolution, languages, cultures, medicine, and other topics. In addition, if you voluntarily agreed to the Research Project Informed Consent the testing company may use the Results and other information for the purposes of collaborative research and publication and in accordance with the Informed Consent.
The testing company will not disclose any of your personal information to third parties except in very limited circumstances which are set out below. Before the testing copany begins to transfer personal information to any third party acting as our agent, we will confirm that they have adopted, are subject to, or are contractually obligated to comply with the principles and objectives of this Privacy Statement. The testing company and MTHFR Genetics UK may disclose your personal information to third parties: (a) with your knowledge and any relevant consents (for example, when you decide to share your Results with others); (b) as described in this Privacy Statement; (c) as may be required or permitted by law, regulatory authorities, legal process or to protect the rights or property of the testing company, its group companies and MTHFR Genetics UK or other Users (including outside your country of residence); (d) to enforce the testing company’s terms and conditions; (e) to prevent fraud or cybercrime; or (f) to permit us to pursue available remedies or limit the damages that we may sustain.
Additionally, as the testing company and MTHFR Genetics UK continue to grow and change, they might restructure, buy, or sell subsidiaries or business units. In these transactions, customer information is often one of the transferred assets, remaining subject to promises made in then prevailing privacy statements. Also, in the event that the testing company, or substantially all of its assets or stock are acquired, transferred, disposed of (in whole or part and including in connection with any insolvency or similar proceedings), personal information will as a matter of course be one of the transferred assets.
Under the protection of appropriate agreements, we and the testing company may disclose personal information to third party service providers we and the testing company uses to perform various tasks for us, including for the purposes of data storage, consolidation, retrieval, analysis, or other processing, as well as effective management of customer information and to help us communicate with you. For example, we use third parties to process payments from you and to help manage the our the testing company’s Website and relationships with you. To perform the DNA Tests or store samples we use testing companies who use approved specialized laboratories or storage facilities. These third-parties are only given access to that information needed to perform their services, and are prohibited from using it for other purposes. These third parties may include affiliated and unaffiliated service providers in in the United States, Europe and in other jurisdictions.
Please note: If you click away from our Website to visit the site of any third party advertiser or sponsor, you may be asked for your payment card or other personal information in order to purchase or use the products and services that those third parties offer. These companies have their own privacy and data collection practices. We have no responsibility or liability for these independent third party policies. You should therefore review their privacy notices carefully if you have concerns about how your information may be used.
Sharing DNA results: If you are the Administrator of a DNA Test, you can choose to invite others to access your DNA Results, which will give those Users permission to see your DNA Results and, in certain cases, edit some of your information.
Download your raw DNA data: If you so choose, you can download your raw DNA data, the data that's generated in the lab from your DNA sample, before it is processed or "translated" into other information.
We strongly advise you that you download and save all of your results and accompanying files as we can not guarantee to store these file indefinitely.
Please note: in the event that you or we delete Results, copies of that information may remain viewable elsewhere to the extent any such copy has been shared with others and copied and stored. Additionally, the testing company may retain certain information if deletion of your files has been has been requested or you have deleted your data yourself. If you have given third party applications or websites access to your information, they may retain your information to the extent permitted under their terms of service or privacy policies but they will no longer be able to access the information through our platform after you disconnect from them. Information that is removed or deleted may also persist in backup copies for a reasonable time for our internal and the testing company’s internal business purposes but will not be available to you or others.
The testing company places great importance on the security of all personally identifiable information associated with our Users. They have security measures in place to attempt to protect against the loss, misuse or alteration of User data under our control. For example the security and privacy practices are periodically reviewed and enhanced as necessary and only authorized personnel have access to personal information. The testing company only work with laboratories and third parties who have met and commit to the company’s security standards. While the testing company cannot guarantee that loss, misuse or alteration of data will not occur however the company uses commercially reasonable efforts to prevent this. It is also important for you to guard against unauthorized access to your files and the unauthorized use of your compute
Changes, updates, and consent
We are committed to complying with all applicable laws and regulations governing the collection and use of personal information. From time to time, the testing company and MTHFR genetics UK will review the personal information collection, use, and disclosure practices in order to assure that we are complying with the Privacy Statement and all applicable laws and regulations. If we decide to change our Privacy Statement, we will issue an updated version of this Statement and/or notify you via Website or by other appropriate means prior to the change becoming effective if it is a significant change. You should review this Privacy Statement regularly to ensure you are familiar with any changes to it.
GENETIC VARIANT REPORTS
Your Agreement with MTHFR GENETICS with regards to your genetic variant reports.
Not Medical Advice
Reports on their own are not to be treated as medical advice. Any content accessed through Variant Reports offered on this website are for informational purposes only, and are not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the use of this service before consulting your health care provider.
You must be at least 18 years old to Variant Reports services.
USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. MTHFR GENETICS UK MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY SERVICE OR CONTENT.
MTHFR GENETICS may change this agreement and will post the modified agreement on its website http://mthfr-genetics.co.uk.
You will defend or settle any third-party claim against MTHFR GENETICS, any third party MTHFR GENETICS's feature providers, or any of MTHFR GENETISC's other licensors arising out of or related to your use of MTHFR GENETICS's services.
Limitation of Liability
NEITHER YOU NOR MTHFR GENETICS OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
NEITHER YOU NOR MTHFR GENETICS OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN £1,000.
The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations