DNA and Epigenetics Terms and Conditions
Terms and Conditions (Last updates 17.05.2022)
“We” are ToHealth, a company registered in England and Wales under company number 5107064 whose registered address is Holly House, 73-75 Sankey Street, Warrington, Cheshire WA1 1SL
“You” or “Client” are the customer who has accessed our website or called our telephone number and intends to place or has placed an order for our Product(s).
“Personal Information” is information that can be used to identify you, either alone or in combination with other information. ToHealth collects and stores the following types of Personal Information:
“Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g., name, email, address, user ID and password, and payment information).
“Genetic Information” is information regarding your genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), generated through processing of your saliva by ToHealth.
“Self-Reported Information” is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your ToHealth account.
“User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Genetic Information and Self-Reported Information-generated by users of ToHealth Services and transmitted, whether publicly or privately, to or through ToHealth.
“Web Behaviour Information” is information on how you use the ToHealth website (e.g., browser type, domains, page views) collected through log files, cookies, and web beacon technology.
“Aggregated Genetic and Self-Reported Information” is Genetic and Self-Reported Information that has been combined with that of other users and analysed or evaluated as a whole, such that no specific individual may be reasonably identified.
ACCEPTANCE OF TERMS
Your use of ToHealth’s Services is subject to the terms of the legal agreement between you and ToHealth set forth in these Terms and Conditions (“TAC”). Except as specified herein, these TAC apply to any use of the Services, including but not limited to a) submitting a saliva sample for DNA extraction or epigenetic tracking and processing, b) uploading a digital version of your Genetic Information and interacting with it on the ToHealth app. In order to use the Services, you must first agree to the TAC. You may not use the Services if you do not accept the TAC. You can accept the TAC by (1) clicking to accept or agree to the TAC, where this option is made available to you by ToHealth for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that ToHealth will treat your use of the Services as acceptance of the TAC from that point onwards. In addition, when using particular ToHealth 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 TAC. ToHealth also may offer other services that are governed by different terms of service.
Whether you submit your own saliva sample, a saliva sample for anyone for whom you have legal authority to agree, or otherwise provide your own Genetic Information, you may not use the Services and may not accept the TAC if (1) you are not of legal age to form a binding contract with ToHealth, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
In addition to the conditions above, if you contribute or otherwise provide your own Genetic Information, you must be eighteen (18) years of age or older to agree to these TAC on behalf of yourself or those for whom you have legal authority to agree.
DESCRIPTION OF THE SERVICES
The Services include the following features and functions related to genetic testing, analysis and interpretation:
Genomic Sequencing. Both ToHealth collects, analyses and stores the data that make up the part of your DNA code of your genes and your epigenetic markers influencing your genetical expression (“Genomic Sequencing”). ToHealth obtains this data from the saliva sample that you provide. The data that result from your Genomic Sequencing, and any interpretation of that data, are your “Genetic Information.” (A list of the genes we look at can be found under:)
ToHealth Account. ToHealth provides you access to a software platform. Your ToHealth Account allows you to manage your Genetic Information, the DNA and epigenetic Products you purchased, and other account settings.
CHANGES TO THESE TERMS OF SERVICE AND THE SERVICES
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.
REGISTERING FOR AND ACCESSING THE SERVICES
To access certain features and functions of the Services, including Genomic Sequencing, you must create a ToHealth Account. To establish a ToHealth Account, you must provide certain information that we request. This information includes:
- your name and email address;
- your date of birth; and
- information we need for quality control in sequencing, such as your sex at birth.
To purchase a DNA and epigenetic Product, you must also provide the following:
- your billing and mailing address and phone number; and
- your credit card or other requested billing information.
REQUESTING GENOMIC SEQUENCING SERVICES
To have your DNA sequenced or your gene expression analysed for use with the ToHealth app, you must receive and use ToHealth’s kit for the collection of your saliva sample (“ToHealth Kit”). When you send us a saliva sample using the ToHealth Kit, you agree to the following:
You are submitting your own saliva sample and not the sample of another person.
You are 18 years of age or older.
You allow ToHealth to perform Genomic Sequencing on any saliva sample you submit. If any of your saliva sample(s) or extracted DNA is left over after sequencing is completed, we will store it for 12 months for future tests and reports. We may also store it for quality control and optimization in our lab, including occasionally updating your Genetic Information to reflect quality improvements and advances in our Genomic Sequencing.
You understand that health-related interpretations are for information purposes only and not intended to diagnose or treat diseases. You should consult a physician, genetic counsellor or qualified health professional before acting on any interpretation. This service is not a substitute for proper medical investigation and advice, and we do not provide clinical or diagnostic services in relation to the tests. Our comments are based on information available to us at the time, which may be insufficient to gain a complete understanding of your health or a particular condition you may be suffering from. If you have any concerns regarding your health or your test results you should discuss them with ToHealth who will be able to provide further recommendations and guidance. We would recommend that you inform your GP of any results out of range.
Based on the results of your test(s) and/or other information that you have provided to us, we may recommend that you purchase additional follow-up tests, that you see your GP for further investigation or both. You agree that you are solely responsible for acting on such guidance and that ToHealth, accepts no liability in the event you choose not to do so.
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 ToHealth kit at a charge of £20. If your second sample cannot be processed, you may contact us for more options.
RISKS AND CONSIDERATIONS REGARDING OUR SERVICES
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 ToHealth, 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 ToHealth. Make sure to discuss your Genetic Information with a physician or other health care provider before you act upon the Genetic Information resulting from ToHealth 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 ToHealth, 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. 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. ToHealth Services are for research, informational, and educational use only. We do not provide medical advice. The Genetic Information provided by ToHealth 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 Research. Participation in such research is voluntary. 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. ToHealth 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 through our app 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, ToHealth 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 us is solely at your own risk.
By accessing ToHealth’s Services, you agree to, acknowledge, and represent as follows:
You understand that information you learn from ToHealth and ToHealth is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the ToHealth and ToHealth services are intended for research, informational, and educational purposes only. A diagnosis or possible treatment should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that ToHealth urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Genetic Information.
You give permission to ToHealth to perform genotyping services on the DNA extracted from your saliva sample and you specifically request ToHealth to disclose the results of analyses performed on your DNA to you and to others you specifically authorize.
You represent that you are eighteen (18) years of age or older if you are providing a saliva sample or accessing your Genetic Information.
You are guaranteeing that any sample you provide is your saliva; if you are agreeing to these TAC on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person.
You agree that any saliva sample you provide, and all resulting data may be transferred and/or processed outside the country in which you reside.
You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
You are aware that some of the information you receive may provoke strong emotion.
You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Information and your Self-Reported Information.
Waiver of Property Rights: You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by ToHealth or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
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 ToHealth 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 ToHealth 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 ToHealth Kit, you may request a refund for the ToHealth Kit and any bundled DNA or epigenetic Product within 30 days of purchase as long as the ToHealth Kit has not been used or registered. This refund will deduct shipping and handling fees. You can request a refund by calling 01925 909 614 or writing to [email protected] and providing your order confirmation number. Once a ToHealth Kit has been registered, the purchase of the ToHealth Kit and any bundled DNA or epigenetic Product can no longer be refunded. However, you may close your ToHealth Account as described in Section 22 below.
We must receive your saliva sample prior to the expiration date of your ToHealth Kit which is 12 months from the date of purchase to assure the quality and accuracy of your Genetic Information. ToHealth will not accept or process a ToHealth DNA Kit that we receive after the kit’s expiration date. If you have a ToHealth DNA Kit that has expired, you may contact us via phone or email to request a replacement kit.
If ToHealth receives your ToHealth Kit after the kit’s expiration date or your ToHealth 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 TAC will continue to apply until terminated by either you or ToHealth as set out in this Section. If you want to terminate your legal agreement with ToHealth, you may do so by notifying ToHealth 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 ToHealth address, which is set out on our website, or online via [email protected] If you provide notice online, ToHealth 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. ToHealth 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 TAC (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TAC); (2) ToHealth 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 ToHealth offered the Services to you has terminated its relationship with ToHealth or ceased to offer the Services to you; (4) ToHealth 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 ToHealth is, in ToHealth’ s opinion, no longer commercially viable. You may cancel your Plan at any point in time by either calling us on 01925 909 614 and speaking to an authorised account representative or sending an email [email protected] 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 ToHealth has presented to you through your account. ToHealth 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 ToHealth shall not be liable to you or any third party for any termination of your access to the Services.
INTELLECTUAL PROPERTY RIGHTS: LIMITED RIGHT TO USE
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 ToHealth and its licensors and are protected by UK and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. ToHealth 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 “© 2020 ToHealth 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 us. ToHealth 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. ToHealth Kits and ToHealth Products may be purchased as gifts for others where permitted on the site or through authorized distributors of ToHealth and/. However, ToHealth 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 ToHealth and/. 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. ToHealth reserves all rights not expressly granted. If you provide ToHealth with any suggestions, recommendations or other feedback regarding the Services (“Feedback”), you agree that ToHealth 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.
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:
use the Site or app in any way that could disable, overburden, damage, or impair the Site;
use the Site or app in any way that could interfere with any other party’s use of the Services;
reverse engineer, copy, modify or create derivative works of the software used in the ToHealth Account, the ToHealth Platform, the ToHealth app, any application provided as part of the ToHealth Services, or any DNA Product;
use any robot, spider or other automatic device, process or means to access the Site or app for any purpose, including monitoring or copying any of the material on the Site, unless explicitly permitted by ToHealth;
market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from, the Site (excluding your Genetic Information), for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise;
engage in framing, mirroring, or otherwise simulating the appearance or function of the Site or Services;
use any device, software or routine that interferes with the proper working of the Site or Services;
introduce any viruses, Trojan horses, worms, or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or app, the server on which the Site or app is stored, or any server, computer or database connected to the Site or app;
attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
attempt to bypass methods that ToHealth may use to prevent or restrict access to the Site or Services;
access or attempt to access another customer’s ToHealth Account; or
otherwise attempt to interfere with the proper working of the Site.
THIRD PARTY CONTENT; LINKS FROM THE SITE
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 ToHealth. 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.
ToHealth is a UK registered company. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services, you do so on your own initiative. If you do so, you will be responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
ToHealth 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 ToHealth nor anyone associated with ToHealth makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither ToHealth nor anyone associated with ToHealth 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. ToHealth and all parties associated with ToHealth 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 ToHealth, 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 ToHealth, you agree to first contact ToHealth Customer Service to seek a resolution. If our Customer Care Team is not able to resolve the issue, then except for disputes relating to the infringement or other misuse of intellectual property rights, such dispute will be resolved through binding arbitration rather than in court.
WAIVER AND SEVERABILITY
No waiver of these Terms of Service by ToHealth shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of ToHealth 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.
YOUR ENQUIRIES AND QUESTIONS
If you have any feedback, comments, requests for support, or other communications about the Services, you should contact ToHealth on [email protected] or call 01925 909 614