MUHDO TERMS AND CONDITIONS (Last modified February 05, 2019)
“Muhdo “means Muhdo Health Ltd, whose principal place of business is at Columba House, Adastral Park, Ipswich, IP5 3RE, UK.
Your use of Muhdo’s Services (excluding any services provided by Muhdo under a separate agreement) is subject to the terms of the legal agreement between you and Muhdo 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/ or epigenetic tracking and processing, b) uploading a digital version of your Genetic Information and interacting with it on the Muhdo website, and/or c) creating and using a free Muhdo account without providing your saliva sample or Genetic Information. 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 Muhdo for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Muhdo will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Muhdo 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. Muhdo also may offer other services from time to time that are governed by different terms of service.
The Services include the following features and functions related to genetic testing, analysis and interpretation:
We may revise and update these Terms of Service and post the updated Terms of Service on the Site. We will make any new terms available to you through or in connection with the affected Services. All changes are effective immediately when we post them, and they apply to all access to and use of the Services from that point onward. If you use the Services after we post revised Terms of Service, you acknowledge and agree to the revised Terms of Service. We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if, for any reason, the Services or any portion are unavailable at any time or for any period. The version available online of these Terms & Conditions shall be seen as the most recent version.
To access certain features and functions of the Services, including Genomic Sequencing, you must create a Muhdo Account. To establish a Muhdo Account, you must provide certain information that we request. This information includes:
To purchase a DNA and epigenetic Product, you must also provide the following:
To have your DNA sequenced and/ or your gene expression analysed for use with the Muhdo Platform, you must receive and use Muhdo’s kit for the collection of your saliva sample (“Muhdo Kit”). When you send us a saliva sample using the Muhdo Kit, you agree to the following:
Retesting Policy. We may be unable to process your saliva sample on our first attempt, which may be either due to an issue with the submitted sample or with our laboratory process. If this is the case, and if enough of your sample is left over, we will attempt to process your sample again at no charge. If we are still unable to process your sample, we will send you a second Muhdo kit at no charge. However, if we are unable to process your sample because of your violation of these Terms of Service, a fee may apply to receive a replacement Muhdo kit. If your second sample cannot be processed, you may contact Customer Care for more options.
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by Muhdo for any Service; or by (2) actually using the Services. You acknowledge and agree that Muhdo has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the Muhdo Services, website, or other systems. If you have given consent for your Genetic Information and Self-Reported Information to be used in Muhdo Research as described in the applicable Consent Document, we may include your information in the Aggregated Genetic Information and Self-Reported Information we disclose to third parties for the purpose of publication in peer-reviewed scientific journal. Muhdo may also include your information in Aggregated Genetic and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journals. Muhdo Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or pharmaceutical companies. Muhdo Research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. Muhdo will never release your individual-level Genetic Information and/or Self-Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law. Further, you acknowledge and agree that Muhdo is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that Muhdo may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Muhdo TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Muhdo, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, Muhdo may, in its sole discretion, restrict access to the website for any reason. Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statementhere.
Muhdo offers a range of subscription plans to its Services (each, a “Plan”). Each Plan includes specific features and offers outlined within our online shop. You may select a Plan as part of your purchase within our online shop. We currently offer the plan “MUHDO DNA PROFILING SUBSCRIPTION” for an initial payment of £29.99 for the first month followed by monthly payments of £9.99 for another 9 months, resulting in a total amount payable of £119.99. You commit to paying the recurring payments for the total amount of time. Any changes to this model have to be decided on and approved by Muhdo Health Ltd on a case to case basis. After paying the total amount of £119.99, we will not charge you for further payment for this product. We offer the plan “MUHDO DNA PROFILING + EPIGENETIC TRACKING” for an initial payment of £59.99 followed by 11 monthly payments of £19.99, resulting in a total amount payable of £279.88. You agree to pay the recurring payments for the total amount of time. Changes to the subscription or changes to the account are generally not possible and have to be decided on and approved by Muhdo Health Ltd on a case to case basis. It is up to Muhdos discretion to make changes to this model at any time and for any reason. At the end of this subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless you provide Muhdo Health Ltd with email notice (sent to email@example.com) of your intent not to renew your Plan at least 30 days prior to the end of the current subscription period. To get further information on the specific details of your Plan, including pricing information and the end of your subscription period, please contact us at firstname.lastname@example.org. CHANGES IN FEES We may change the fees of the Services at any time or impose additional fees or charges. While we do not intend to force you to pay a fee for an ongoing service higher than the one you agreed to upon purchase, we are also not obliged to lower your current fee in the event of a price drop of our Services. Changes regarding fees payable have to be decided on and approved by Muhdo Health Ltd on a case to case basis.
Once you obtain your Genetic Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as genetic research advances, will be welcome or positive. You should also understand that as research advances, in order for you to assess the meaning of your DNA in the context of such advances, you may need to obtain further services from Muhdo, your physician, a genetic counsellor, or other health care provider. We encourage you to talk to a genetic counsellor, a health professional with special training in genetic conditions, prior to collecting your sample for testing to learn more so you can make an informed decision about whether testing is right for you. A genetic counsellor also can help you understand your results and options. Some people feel a little anxious about getting genetic health results. This is normal. If you feel very anxious, you should speak to your physician or a genetic counsellor prior to collecting your sample for testing. You should not change your health behaviours solely on the basis of information from Muhdo. Make sure to discuss your Genetic Information with a physician or other health care provider before you act upon the Genetic Information resulting from Muhdo Services. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. In any case, if you have concerns or questions about what you learn through Muhdo, you should contact your physician or other health care provider. Please note, that genetic risk assessment is not applicable to results of carrier screening tests. Genetic research is not comprehensive.While we measure many hundreds of thousands of data points from your DNA, only a small percentage of them are known to be related to human traits or health conditions. The research community is rapidly learning more about genetics, and an important mission of Muhdo is to conduct and contribute to this research. In addition, many ethnic groups are not included in genetic studies. Because interpretations provided in our service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your DNA. In the future, the scientific community may show previous research to be incomplete or inaccurate. Genetic Information you share with others could be used against your interests. You should be careful about sharing your Genetic Information with others. Currently, very few businesses or insurance companies request genetic information, but this could change in the future. While the Genetic Information Non-discrimination Act was signed into law in the United States in 2008, its protection against discrimination by employers and health insurance companies for employment and coverage issues has not been clearly established. In addition, GINA does not cover life, long-term care, or disability insurance providers. Some, but not all, states and other jurisdictions have laws that protect individuals with regard to their Genetic Information. You may want to consult a lawyer to understand the extent of legal protection of your Genetic Information before you share it with anybody. Furthermore, Genetic Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Genetic Information that you share with family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned Genetic Information about health conditions and you do not disclose this to them, this may be considered to be fraud. Muhdo Services are for research, informational, and educational use only. We do not provide medical advice. The Genetic Information provided by Muhdo is for research, informational, and educational use only. This means two things. First, many of the genetic discoveries that we report have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely used for clinical testing. Second, in order to expand and accelerate the understanding and practical application of genetic knowledge in health care, we invite all genotyped users to participate in Muhdo Research. Participation in such research is voluntary and based upon an IRB-approved consent document. As a result of the current state of genetic knowledge and understanding, our Services are for research, informational, and educational purposes only. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health. Muhdo does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your Genetic and Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. As explained on our website, Muhdo believes that (a) genetics is only part of the picture of any individual’s state of being, (b) the state of the understanding of Genetic Information is rapidly evolving and at any given time we only comprehend part of the picture of the role of genetics, and (c) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by Muhdo, Muhdo employees, others appearing on our website at the invitation of Muhdo, or other visitors to our website is solely at your own risk.
By accessing Muhdo Services, you agree to, acknowledge, and represent as follows:
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations Muhdo has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Muhdo and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you decide you no longer want a DNA or epigenetic Product or our Genomic Sequencing following your purchase, please contact us immediately. If the purchase includes a Muhdo Kit, you may request a refund for the Muhdo Kit and any bundled DNA or epigenetic Product within 30 days of purchase as long as the Muhdo Kit has not been registered. This refund will deduct shipping and handling fees. You can request a refund by calling Customer Care at +44 (0) 1473 232 428 or writing to email@example.com and providing your order confirmation number. Once a Muhdo Kit has been registered, the purchase of the Muhdo Kit and any bundled DNA or epigenetic Product can no longer be refunded. However, you may close your Muhdo Account as described in Section 22 below.
We must receive your saliva sample prior to the expiration date of your Muhdo Kit which is 12 months from the date of purchase to assure the quality and accuracy of your Genetic Information. Muhdo will not accept or process a Muhdo DNA Kit that we receive after the kit’s expiration date. If you have a Muhdo DNA Kit that has expired, you may contact us via phone or email to request a replacement kit. If Muhdo receives your Muhdo Kit after the kit’s expiration date or your Muhdo DNA Kit is lost or damaged, please contact us via phone or email for help with replacing your kit. Depending on the circumstances, a fee may apply.
The TOS will continue to apply until terminated by either you or Muhdo as set out in this Section. If you want to terminate your legal agreement with Muhdo, you may do so by notifying Muhdo at any time in writing, which will entail closing your account for all of the Services that you use. Your notice should be sent, in writing, to Muhdo’s address, which is set out at the beginning of the TOS, or online via firstname.lastname@example.org. If you provide notice online, Muhdo will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you. Muhdo may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) Muhdo is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Muhdo offered the Services to you has terminated its relationship with Muhdo or ceased to offer the Services to you; (4) Muhdo is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Muhdo is, in Muhdo’s opinion, no longer commercially viable. You may cancel your Plan at any point in time by either calling us on 01473 232 428 and speaking to an authorised account representative or sending an email to email@example.com. For clarity, if you cancel your Plan prior to the conclusion of your current subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your current subscription period. If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Services and any data or information Muhdo has presented to you through your account. Muhdo will not arrange refunds for cancelled subscriptions. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Muhdo shall not be liable to you or any third party for any termination of your access to the Services.
From time to time, Muhdo may offer discount codes, offer codes or other promotional codes to qualified customers through a variety of marketing activities and communications (collectively, “offer codes”). These offers codes are redeemable towards a purchase on muhdo.com, subject to certain product exclusions or any other restrictions as may be determined and communicated by Muhdo at its sole discretion. Only valid offer codes provided or promoted by Muhdo will be honoured at checkout. Codes that are supplied or promoted by third parties without Muhdo’s authorization will not be considered valid. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Muhdo is not responsible for lost, stolen or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent, and no substitutions or credits are allowed. The monetary value of any offer code will not be refunded or credited back if any or all of the purchased products or services is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. If you have received a Muhdo Promotional Card or Muhdo E-Gift Card, please see the full terms and conditions for those cards.
The Services, Site and their entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Muhdo and its licensors and are protected by UK and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Muhdo grants you a limited license to copy and distribute, for non-commercial purposes, any of the content on the Site, provided that you distribute such content (i) as it appears on the Site without any modification, (ii) in a way that is fair and legal and does not misrepresent the substance of the content, Site or Services; and (iii) with the following attribution “© 2019 Muhdo Health Ltd, or its affiliates. All rights reserved.”. Except as permitted by this limited license, you must not reproduce, copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, sell, resell, exploit, transfer, or transmit for any commercial purpose any of the content on the Site. If you wish to make any use of content on the Site or Services other than as set out in this section, please contact Customer Care. Muhdo grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. Muhdo Kits and Muhdo Products may be purchased as gifts for others where permitted on the site or through authorized distributors of Muhdo. However, Muhdo DNA Kits may not otherwise be resold, distributed, transferred or used for any purpose other than using the Services yourself without the express prior written agreement of Muhdo. Except for your rights to DNA Products you purchase (in accordance with the terms of the applicable Partner), no other right, title or interest in or to the Services or any content on the Services is transferred to you. Muhdo reserves all rights not expressly granted. If you provide Muhdo with any suggestions, recommendations or other feedback regarding the Services (“Feedback”), you agree that Muhdo may freely use and exploit such Feedback in any way and for any purpose. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
The Muhdo name and logos, as well as YOUR HEALTH MATTERS and the Muhdo App icon are trademarks of Muhdo. You must not use trademarks without the prior written permission of Muhdo. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:
The Site may include content provided by third parties, such as Partners, other users, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in such content are solely the opinions and the responsibility of the person or entity providing the content. Such content may not reflect the opinion of Muhdo. We are not responsible, or liable to you or any third party, for the content or accuracy of any third party content. If the Site contains links to other sites and resources provided by third parties, including Partners, it provides them for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third party websites linked to this Site, you do so at your own risk and subject to such websites’ terms and conditions and privacy policies.
Muhdo is a UK registered company and provides the Services in the United States. We make no claims that the Services or any of its content are accessible or appropriate outside of the UK and United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the UK and United States, you do so on your own initiative. If you do so, you will be responsible for compliance with local laws.
Muhdo makes its best efforts to perform accurate Genomic Sequencing and to offer DNA Products of high quality. However, we do not warrant the accuracy, completeness or usefulness of the Services, nor do we endorse, warrant or guarantee the DNA Products, including, without limitation, any descriptions, prices, products and product warranties, or other information posted by Partners or other vendors. Your use of the services, its content, and any features or items obtained through the services, including DNA products, is at your own risk. The services, their content, and any features or items obtained through the services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express, implied or statutory. Neither muhdo nor anyone associated with muhdo makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither muhdo nor anyone associated with muhdo represents or warrants (i) that the services, their content, or any features or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, (ii) that defects will be corrected, (iii) that our site or the server that makes it available are free of viruses or other harmful components or (iv) that the services or any features or items obtained through the services will otherwise meet your needs or expectations. Muhdo and all parties associated with Muhdo hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. You understand that we cannot and do not guarantee or warrant that content available for downloading from the site or any links provided on the site will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protections to meet your needs. You are also responsible for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or items obtained through the site or to your downloading of any material posted on it, or on any site linked to it. The foregoing does not affect any warranties, which cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless Muhdo, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.
If a dispute arises between you and Muhdo, you agree to first contact Muhdos Customer Service to seek a resolution. If our Customer Care is not able to resolve the issue, then except for disputes relating to the infringement or other misuse of intellectual property rights:
If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as set forth in the Federal Rules of Civil Procedure Rule 11), then the AAA Rules will apply regarding payment of arbitration costs. The AAA Rules and fees are available online at www.adr.org or can be obtained by calling the AAA at 1-800-778-7879. You and Muhdo both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You and Muhdo agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. Further, unless both you and Muhdo agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this Section 24 is found to be unenforceable, then this Section 24 will be null and void.
No waiver of these Terms of Service by Muhdo shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of Muhdo to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
If you have any feedback, comments, requests for support, or other communications about the Services, you should contact Muhdo’s Customer Care. You may contact Customer Care at firstname.lastname@example.org or +44 (0) 1473 232 428