Terms and Conditions of Service

Please read these terms and conditions before registering with MyAssays Limited.

By registering with this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. MyAssays reserves the right to amend, remove, or add to these terms and conditions at any time without notice, however MyAssays will endeavour to give you notice of such amendments as soon as it is reasonably practicable to do so. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. If you do not agree with all of these terms and conditions, you may not access or use any part of this service.

1. GENERAL

In these terms:

1.1. “Commencement Date” shall mean the date on which you agree to be bound by these terms and conditions;

1.2. “Confidential Information” shall mean all information provided in relation to accessing the Services including, amongst other things, any and all data uploaded by you in order to use the Services;

1.3. “Free Services” shall mean a limited service provided on the Site, which requires registration by you, but which shall then offer a limited range of services in respect of analysing assay data;

1.4. “MyAssays” or “we” or “us” shall mean MyAssays Limited, a company incorporated in England and Wales under company number 07089538 and whose registered office is at 21 Hampton Place, Brighton, East Sussex, BN1 3DA, UK;

1.5. “Premium Services” shall mean a premium registration service which shall provide you with access to all parts of the Site allowing you to use the various tools in the analysis of assay data and all of the additional tools made available from time to time;

1.6. “Quotation” shall mean the offer on the site at the time of subscribing relating to the fee payable for the Premium Services at that time;

1.7. “Registered User” or “you” shall mean any person who has either registered for the Free Services or who has paid the prescribed subscription fee to become a subscribed member of the Premium Services;

1.8. “Services” shall mean either the Free Services or the Premium Services.

1.9. “Site” shall mean the website operated by us known as myassays.com.

1.10. “Subscriber” shall mean the Registered User that has upgraded to the Premium Service.

1.11. “Subscription Fee” shall mean the fee payable for the Subscriber’s use of the Premium Services in the amount set out in the Quotation.

2. REGISTRATION, UPGRADES, FEES AND DURATION

2.1. REGISTRATION

2.1.1. To become a Registered User you must register on the Site, choosing a user name and password which you must then keep private and secure. You will be required to agree to these terms and conditions applying to your registration. Once you have completed the registration process and accepted these terms and conditions, an email with an activation link included within it will then be sent to the email address provided by you. If you wish to proceed with your registration, you will need to click on the activation link to link back through to the Site and then your account will be active and you will be able to use the Free Services.

2.1.2. In the event that after completing the registration process you wish to upgrade to the Premium Service, you will need to follow the instructions on site which will notify us of your request to upgrade to the Premium Service. Upon receipt of your request, we will issue a Quotation to you for your use of the Premium Services for the period selected by you on the Site.

2.1.3. The Quotation shall not be considered a contract to supply the Premium Service to you, but will be an invitation for you to continue with the upgrade to the Premium Service on the terms set out within the Quotation (such terms will be additional to these terms and conditions). No contract exists between you and MyAssays for the supply of the Premium Service until you have completed your upgrade and paid the appropriate fee at that time.

2.1.4. Unless otherwise specified, any Quotation issued by MyAssays is valid for 30 days from the date it is issued and is exclusive of any VAT, or other local and applicable tax, due and payable.

2.1.5. At all times, when using the Site, or communicating with us, you will be communicating electronically, and therefore you will also receive communications from us electronically and you consent to that happening and being the only method of communication between us. You further agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications must be in writing.

2.2. FEES AND PAYMENT

2.2.1. Unless otherwise agreed in accordance with clause 2.2.2 below, all fees for the Premium Services shall be due and payable immediately by the Subscriber, and the Subscriber shall be directed to a secure payment page at that time. Once we receive notification that you have made payment in full, we will then notify you that your account has been upgraded to the Premium Services.

2.2.2. At the sole discretion of My Assays, we may agree to invoice you instead of directing you to the secure payment page. In such circumstances, we will issue you with an invoice, and all fees shall be due and payable by you within 30 days of the date of the invoice. MyAssays does not have to offer this payment facility to any Subscriber, and each Subscriber who notifies MyAssays that they wish to make payment this way will be considered on their own merits, and MyAssays decision as to whether or not to proceed will be final.

2.2.3. Any queries relating to invoices should be raised in writing within 7 days of receipt of the invoice, and if no query is raised then you are deemed to have accepted the invoice.

2.2.4. Should you fail to pay any invoice submitted by MyAssays, MyAssays may, without prejudice to any other right or remedy available to MyAssays, charge you interest (both before and after judgement) at the rate of 4% per annum above the Bank of England base rate from the due date until payment in full is made.

2.3. NON-TRANSFERABLE SUBSCRIPTION

Once you have registered with this Site and have become either a Registered User or a Subscriber, your subscription will not be transferable from you to anyone else, including any other subscriber of this Site without obtaining the prior written consent of MyAssays.

2.4. RENEWAL

2.4.1. Your subscription to the Premium Services will be automatically renewed either quarterly (if paying immediately via our secure payment page) or annually on each anniversary of the Commencement Date if we agree to invoice you unless 1 months’ notice is received by MyAssays in writing by using the Send Message button below, or by pre-paid post at 21 Hampton Place, Brighton, East Sussex, BN1 3DA, UK.

2.4.2. MyAssays reserves the right to increase the Subscription Fee annually. Any such increase will be notified to the Subscriber in writing at least 1 months’ prior to automatic renewal of the subscription in accordance with term 2.4.1 above.

2.5. RIGHT OF MYASSAYS TO TERMINATE SUBSCRIPTION

In the event that the Subscriber’s actions are reasonably considered to be in violation of any law or any provision of the Site’s Terms of Use, or these terms and conditions, MyAssays reserves the right at any time to terminate the Subscriber’s access to the Site, without refund. MyAssays may also terminate any subscription at any time for any other reason or for no reason at all at MyAssays’ sole discretion, in which case the Subscriber will be entitled only to a pro rata refund of any fee paid.

2.6. RIGHT OF SUBSCRIBER TO TERMINATE

2.6.1. Subscribers may terminate their accounts at any time, and for any reason, by contacting MyAssays using the Send Message button below or by pre-paid post at 21 Hampton Place, Brighton, East Sussex, BN1 3DA, UK. Refunds will not be given when Subscribers terminate their accounts.

2.6.2. For the avoidance of doubt, if a Subscriber fails to give MyAssays the minimum notice period required to terminate their account in accordance with term 2.4.1 above, then their account will be automatically renewed on the next anniversary of the Commencement Date and MyAssays shall be entitled to charge the Subscriber for the full years’ Subscription Fee.

3. YOUR INFORMATION

To make the most of MyAssays’ products and services and the Premium Services, you must ensure that all of the information you upload into the Site’s Premium Services is, to the best of your knowledge, accurate and correct. Any inaccuracies in the information you provide to the Site, or through any email feature connected with the Site, are your sole responsibility, and MyAssays can not be held responsible or liable, under any circumstances whatsoever, for any imprecise results or data produced as a result of inaccuracies in the information you have supplied.

4. THE SERVICES

4.1. The Premium Services results and data are produced by MyAssays at all times on a best efforts basis in accordance with recognised methodologies. While MyAssays has taken all reasonable care to ensure that the results produced are accurate, there can be areas of ambiguity, and MyAssays cannot be held liable, under any circumstances whatsoever, for any errors or omissions which occur as a result of MyAssays’ independent interpretation of the kit manufacturer’s specifications.

4.2. You should be aware that unless otherwise stated, assay analysis (as part of the Services) has not been validated to kit manufacturer’s specifications, and your continued use of the Services shall represent your understanding and acceptance of this fact.

4.3. Furthermore, none of the Services are intended for use in diagnostic procedures, and if you do choose to use them in diagnostic procedures, you do so at your own risk and MyAssays shall not be liable to you in any way whatsoever in this respect.

4.4. MyAssays reserves the right to update the Services with a new software release at any time.

5. DISCLAIMER AND LIMITATION OF LIABILITY

5.1. SITE CONTENT

While MyAssays has taken all reasonable effort to ensure that the general information contained on the Site is correct, you should be aware that any such information may include inaccuracies or typographical errors. If such errors are brought to our attention, we will try to correct them. However, MyAssays makes no commitment to regularly update the general information contained on the Site, and cannot be held liable under any circumstances whatsoever for any general information which may be incomplete, incorrect, or may have become out of date.

5.2. RELIABILITY

While it is MyAssays’ goal to minimise disruption caused by technical errors, and MyAssays will use its best endeavours to minimise any such disruption, we cannot make any representations or warranties regarding the condition or functionality of the Site, its suitability for use, that the Site or the use of the Site’s Free Services or the Premium Services will be uninterrupted or error-free, that defects will be corrected, or that it is compatible with your computer, hardware or software.

5.3. EXCLUSION OF LIABILITY

Your use of the Site (including, without limitation, your downloading of any software or data) is at your own risk. To the fullest extent permissible by law, MyAssays excludes its liability of that of its directors, officers, employees, agents, affiliates, sub-contractors and any other party involved in creating, producing or delivering the Site for any loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, or any special, consequential, or any other damages of any kind (whether such losses were foreseen, foreseeable, directly or indirectly caused and even if advised of the possibility of such damage) arising out of, or in connection with, the provision of its products and Services including, without limitation, your use of or access to the Site, the Site’s content, the Services content, your inability to use the Site or the Services, or the inadvertent downloading of computer viruses from the Site, whether such claims are based on contract, tort (including negligence), or otherwise. All express or implied warranties, including but not limited to that of fitness for a particular purpose, being strictly in line with the kit manufacturer’s specifications, and the data interpretation, are also excluded to the fullest extent permissible by law.

5.4. LIMIT ON LIABILITY

Notwithstanding the above provisions, nothing in these terms and conditions of service is intended to limit or exclude any liability on the part of MyAssays where and to the extent that applicable law prohibits such exclusion or limitation, including but not limited to fraud, death or personal injury.

6. DATA PROTECTION AND PRIVACY POLICY

6.1. COOKIES

The Site will only work if you have cookies enabled, as some features may not work if these are disabled. To improve your experience, cookies are used to remember information between visits, such as your preferences, selections and your responses in the Premium Services. It is your responsibility to ensure that you have enabled the cookies required.

6.2. DISCLOSURE

Our Privacy Policy sets out how we use the information received about you during your visit to the Site. MyAssays is the sole owner of the information collected on the Site and will at all times control and be responsible for such information. MyAssays will not pass the information we hold about you to any business or third party organisation, except as set out in term 7 below, in our Terms of Use and our Privacy Policy. MyAssays may employ the services of a third party to help us in certain areas, such as website hosting, and secure payments. In some cases, the third party may receive your information. At all times, however, we will control and be responsible for the use of your information.

7. CONFIDENTIALITY

7.1. MyAssays agrees that it shall maintain all Confidential Information received from the Subscriber in strict confidence, and shall not disclose any such information to any third party, except where permitted to do so in accordance with terms 7.2 to 7.4 below.

7.2. MyAssays may disclose any Confidential Information received from the Subscriber to its officers, employees, agents, affiliates and sub-contractors who are required to know such information for the purpose of compiling data and delivering the results for the Premium Services, and who shall maintain the confidentiality.

7.3. It shall not be a breach of these terms and conditions for MyAssays to disclose any of the Confidential Information collected from the Subscriber to any other person or company, provided that such Confidential Information is used in an aggregated form (it is not the intention to identify any individual user at any time) for research and general reporting of findings and outcomes.

7.4. Any information will cease to be Confidential Information if it:-

7.4.1. enters the public domain by any source other than MyAssays and/or its officers, employees, agents, affiliates and sub-contractors; or

7.4.2. is disclosed pursuant to an order of a court of competent jurisdiction.

7.5. MyAssays agrees that the provisions of this term 7 shall survive any termination of the subscription for whatever reason.

8. INTELLECTUAL PROPERTY

8.1. All content on the Site is the sole property of MyAssays and our policy can be found in our Terms of Use.

9. MISCELLANEOUS

9.1. ASSIGNMENT

MyAssays may assign its rights to this Agreement without the Subscriber’s consent. If MyAssays assigns its rights, is sold in whole or in part to another entity, or enters into an agreement with another company to share listings, MyAssays or its successor will give notice to the Subscriber who may opt out by terminating their subscription at that time.

9.2. WAIVER

Our failure to act in respect of a breach of these terms and conditions of service by you or others does not waive our right to act in respect of subsequent or similar breaches.

9.3. NOTICES

9.3.1. Except as explicitly stated otherwise, any notices to you shall be delivered to the email address you provide to us during the registration process. Alternatively, we may give you notice by pre-paid post to the address you provided to us during the registration process, or as updated by you as relevant from time to time. Any notices to us must be sent by email or using the Send Message button below or by pre-paid post to 21 Hampton Place, Brighton, East Sussex, BN1 3DA, UK.

9.3.2. Any notice shall be deemed given:-

9.3.2.1. if sent by email, 24 hours after the email is sent, unless the sending party is notified that the email address is invalid; or

9.3.2.2. if sent by pre-paid post, three business days after the date of posting and in proving service of the same it shall be sufficient to prove that such letter was properly stamped or franked, addressed and placed in the post to the addressee at the address referred to above.

9.4. PUBLICITY

Unless otherwise expressly agreed, MyAssays shall be entitled to make any public announcement in relation to this Agreement without the Subscriber’s prior written consent, including, but not limited to, naming you as a Subscriber on the Site and within MyAssays’ marketing literature.

9.5. SEVERABILITY

If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these terms and conditions shall continue in full force and effect.

9.6. JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the English Courts.