myDNA is a leading provider of genetic services. The www.mydna.life online store is accessible 24 hours a day, 7 days a week, and offers an easy and convenient method of purchasing the myDNA test kit online, along with related health information.
1. Acceptance of These Terms
“Genetic Information” means information related to your genes generated through the analysis of your specimen by myDNA
3. Information Disclaimer
Information and statements are not intended to diagnose, treat, cure, or prevent any disease or condition. No warranty is made that any information on or linked to this Site is complete and/or accurate. All information contained on the Site, including information relating to health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.
The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or relevant specialist advice. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting or continuing any medical treatment and/or nutritional and/or exercise program/plans.
NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.
a) This service is intended for use by persons aged 18 or older. Users under the age of 18 should be assisted by a parent or guardian.
b) User must lawfully be able to use the Service under the laws where you reside;
c) Users are responsible for all the consequences resulting from sharing your Genetic Information and Self-Reported Information with others.
5. Account Obligations
In consideration of your use of the Site, you agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted by any forms featured on or off the Site (the “Registration Information”) and;
(b) Maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse any and all current and future use of the Account and myDNA website.
You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.
myDNA considers this Registration Information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our Site and services to you, to administer our Site, and to notify you of products or special offers that may be of interest to you.
6. myDNA Services
myDNA is an expert gene interpretation service that assesses your genetic profile and produces personalised Nutrition & Wellness reports. The myDNA reports provide insights that enable you to make more informed health and wellness decisions.
myDNA Services include access to the myDNA Applications (“App”) and website. These Services may include:
• NATA or CLIA accredited clinical laboratory tests results for a specific set of pre-selected genetic wellness markers from your lab tests ordered by yourself;
• recommendations for changes in diet, lifestyle, and behavior where such lifestyle choices may reduce the risk or impact of certain well-understood conditions or to help improve your wellness.
Unless stated, each new feature that is added to the current Services will be subject to the Terms. You accept and agree that the Services are provided “as-is” and “as-available” and are based on the current state of genetic research and technology used by myDNA when using the Services.
Scientific research is always changing, and genetic technology is always evolving. You agree that the Services might change from time to time without any prior notice. As part of this continuing evolution of science, you accept and agree that myDNA might stop (permanently or temporarily) providing some Services (or features within the Services) to its customers without prior notice.
7. Changes to these Terms and Services
We may revise and update these Terms from time to time and post the updated Terms at https://www.mydna.life/en-us/us-terms-conditions. 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, you acknowledge and agree to the revised Terms.
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 are unavailable at any time or for any period.
8. Termination of Services
Your personal and genetic information will be stored on our secure database all the time your account remains active or until such a time that we decide it is no longer required. You may request for us to close your account at any time and request for your data to be deleted.
Accounts will be closed within 30 days upon request. All Genetic Information will be deleted from your account and the MyDNA database except data required to meet legal or regulatory obligations. You may request details on the data that we must retain.
9. Payment Methods
10. Risks and considerations in regard to myDNA Services
10.1. Limitations of Genetic Testing
Genetic Testing is an evolving field with new research continually being produced. myDNA Services, including information and/or statements are not intended to diagnose, treat, cure, or prevent any disease or condition. myDNA Services are based on current knowledge and research on genetics. As this knowledge grows, the myDNA Services may have different interpretations in the future.
No warranty is made that any information as part of myDNA Services is complete and/or accurate. All information provided as part of the Service, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.
This Service is not intended nor is it implied to be a substitute for professional medical advice. Health, fitness, nutrition of wellness behaviors should not be altered solely based on the myDNA Services. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new fitness, nutrition or wellness program or any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other party’s fitness, nutrition, wellness or medical condition. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.
10.2. You may discover unexpected or distressful information
You cannot unlearn the knowledge you gain from myDNA Services. Some people prefer not to know their Genetic Information. Do not assume any information we provide you will be welcome and positive.
10.3. Processing / Testing issues
myDNA’s may be unable to process your saliva sample on the first attempt, which may be either due to an issue with the submitted sample or with myDNA’s laboratory process. If this is the case, and if enough of your sample is left over, myDNA will attempt to process your sample again at no charge. If myDNA are still unable to process your sample, myDNA will send you a second myDNA kit at no charge. However, if myDNA are unable to process your sample because of your violation of these Terms of Service, a fee may apply to receive a second myDNA kit.
10.4. You should be careful with your genetic information and when to share it.
The Genetic Information Nondiscrimination Act (GINA) in the United States of America protects against discrimination based on individuals’ genetic information by employers and health insurance companies for employment and coverage issues. However, the exact coverage, and the extent of its protections, has not been clearly established.
It should also be noted, GINA does not cover disability insurance, life insurance or long-term care insurance providers. It is at your own risk if you chose to share your genetic information with these insurance providers. If you are in doubt, before disclosing, you should discuss your legal protections with a legal professional.
Note that even genetic information that has no meaning or limited meaning today, could have greater meaning in the future as new discoveries are made. Therefore, you should always consider this before sharing your genetic information with family, friends, or employers
10.5. Links To Other Web Sites
myDNA’s Services may contain links to third-party web sites, Applications or services that are not owned or controlled by myDNA.
myDNA explicitly disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from the website and App from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites or Apps, and you hereby irrevocably waive any claim against us with respect to such websites or Apps. In addition, myDNA does not guarantee that use of this website and App will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses or worms.
11. Payment Methods
12. Disclaimer and Limitation of Liability for Products and Services Sold
Except as expressly stated herein, My DNA makes no representations or warranties, either express or implied, of any kind with respect to products sold on the site. Except as expressly stated herein, My DNA expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to My DNA arising from any product sold on the site shall be the price of the product ordered. In no event shall My DNA its directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to product sold.
13. Disclaimer for use of website and/or Application (“App”)
You expressly agree that use of the website and/or App is at your sole risk. In no event will My DNA, it’s directors, officers, employees and representatives, third-party content providers or the like warrant that the website and/or App will be uninterrupted or error-free. In addition, MyDNA does not make any warranty as to the results that may be obtained from the use of the website and/or App, or use of the information, content, service, or products provided through the website and/or App.
Under no circumstances shall we or any other party involved in creating, producing, or distributing the website and/or App be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from
(i) the use of or inability to use the website and/or App;
(ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received, or transactions entered into through or from the website and/or App;
(iii) unauthorized access to or alteration of your registration information, transmissions or data;
(iv) statements or conduct of any third party on the website and/or App;
(v) negligent or willful acts of My DNA, its directors, officers, employees and representatives; or
(vi) any other matter relating to the website and/or App.
14. Copyright and Trademark Notice
This website is owned and operated by myDNA. Unless otherwise specified, all material appearing on this website, including the text, website design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively “Content”) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. ALL RIGHTS RESERVED.
All audio and video clips are the sole property of myDNA or their respective Content providers. All software used on the website is the sole property of myDNA or those supplying the software. You acknowledge that the website contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the Content of this website only for the purpose of shopping on this website or placing an order on this website and for no other purpose. No materials from this website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without myDNA prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
15. Security and Privacy
Users acknowledge that their access to the website may be monitored and tracked by myDNA using cookies and/or retailer IDs. myDNA does not sell, rent or give away user information (including phone numbers and e-mail addresses). This information is highly respected and is only used to assist myDNA in providing you with valued services. Any information provided by users or their browsers (including cookies) will be for the use of myDNA, the operator of this website and App. myDNA will not disclose personal information about users or their browsing habits to any other third party, unless users give myDNA express permission to do so, or unless required to do so by law. myDNA may disclose aggregated information about users in general and statistics related to this website to others, but in doing so, will not disclose information about any particular individual. Notwithstanding the above, users acknowledge that transmissions to and from this website may be monitored, intercepted or modified by other parties.
16. Dispute Resolution with myDNA
If a dispute arises between you and myDNA you agree to first contact myDNA’s Customer Care 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:
• Such dispute will be resolved through binding arbitration rather than in court.
• This arbitration will be administered by the American Arbitration Association (“AAA”).
• Such arbitration will follow the rules of the AAA (“AAA Rules”), as modified by these Terms of Service.
• The arbitration will be conducted in the English language.
• Any arbitration hearing will be held in Los Angeles, California.
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 myDNA both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You and myDNA 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 myDNA 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 16 is found to be unenforceable, then this Section 16 will be null and void. In such case, you and myDNA agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.
17. PROMOTIONS, DISCOUNTS AND OFFERS
myDNA may choose to run promotions, discounts or offers with respect to the products available for sale on the myDNA.life site.
Unless otherwise stated, all times and dates listed in association with any promotion are intended to be Australian Eastern Standard Time (AEST).
myDNA reserves the right, at any time, to end promotions without notice, including where specific campaign dates had previously been listed.
myDNA may list products for sale on myDNA.life for exclusive use of third party partners. myDNA and their partners will ensure the exclusivity of these products to the best of their ability. Neither party shall be held responsible should the existence of these products be made aware to the general public, while both parties should work together to rectify and repair any associated damages.
myDNA’s Double Up And Save promotion permits the customer to the specified discount when purchasing two or more eligible products. The discount is applied to the Price at the product level in the Shopping Cart, not the Cart Total. Double Up And Save includes standard product variants only available to the general public on myDNA.life, excluding any products listed as part of third party partnerships and/or with existing promotions or discounts already applied.
These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with California law, without regard to its conflicts of laws principles and excluding the applicability of United Nations Convention for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and myDNA agree to exclusively litigate such disputes in the state courts located in Los Angeles and the federal courts located in Los Angeles, California, and both parties consent to venue and personal jurisdiction in California. You may not assign any of your rights in these Terms of Service, and any such attempt is void. myDNA may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. myDNA and you are not legal partners or agents of one another.