Terms of MapMySelf Ltd Service for Health Professionals

Introduction

MapMySelf Ltd (MMS) is a limited liability company incorporated under the laws of England and Wales.  MMS provides specialist microbiome testing, analytical and advisory services (Microbiome Test) from the United Kingdom. MMS operates under the brand Map My Gut.

You are a provider of health services to the public and specifically seek to provide health and nutritional treatment, advice or guidance to individuals (Nutritional Services). In providing Nutritional Services You may seek to use MMS’s Microbiome Test to test the microbiome of your clients.

 

Legal Agreement

This is a legal agreement between You and MMS stating the terms that govern the contractual relationship between You and MMS including the terms upon which MMS will provide a Microbiome Test. This agreement, together with all updates, additional terms, and all MMS policies published on the MMS website will collectively constitute the “Agreement” between you and MMS. By clicking “Agree” during the online access set-up for the MMS online Practitioner Portal (Portal) or subsequently registering Your client or ordering a Microbiome test for Your client, You have explicitly Agreed to the terms set-out herein and any new terms published by MMS at the time of ordering an MMS Microbiome Test. You registering Your client for or Your purchase of a Microbiome test is conditional upon your prior acceptance to the terms of this Agreement.

 

Changes

MMS reserves the right, to amend, update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service.  Such amendments, updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately upon being published by MMS on the MMS website or Portal.

The Additional Terms will then be incorporated into this Agreement from the time of publication on MMS’s website.

 

Acceptance of MMS Terms

If you do not agree to these terms, do not click “Agree” when registering to use the MMS Portal or do not use the Portal or online test ordering serviceMMS.

 

Not Medical Advice and Not Medical Diagnostic Tool

MMS may offer a number of different Microbiome Tests.  MMS’s Microbiome Tests are not a medical test.  The MMS tests and subsequent report may provide you with insights into the state of your client’s gut microbiome to enable You to provide nutritional, dietary, lifestyle and other advice you deem appropriate to Your client.  The MMS Microbiome Test is not intended to be and is not sold as medical diagnostic tool.

 

Sales Restrictions

Purchases from MMS are available in all countries except where a purchase would offend or be in breach of law or regulation with which MMS is obliged to comply.

 

Making a Purchase

Any purchase or registration may only be made via MMS’s online facility accessible through the Portal.

 

Effective Sale

A sale shall be deemed to have been made when You register for a new test on behalf of a client and You have been provided with the applicable Test Identification Number for the test.  The fee associated with the Microbiome Test will then be due and payable.

 

Choosing a Test.

MMS provides various Microbiome Test options.  The selection of the appropriate test is at Your and Your client’s discretion and option.  It is Agreed that MMS accepts no responsibility for the choice of test and any selection is made voluntarily by You and Your client.

 

MMS’s Obligations

MMS will be under no obligation to receive, analyze or report on the sample or data provided by You and Your client as part of completing the test process until the Scheduled Fee associated with the test has been paid in full.

MMS is under no obligation to complete its Microbiome Report unless it receives the completed Health Questionnaire, a stool sample that has been extracted, stored and shipped in accordance with the instructions provided in the MMS kit or other written communication provided by MMS to You and Your client and your client has accepted the Acknowledgement and Consent.

MMS shall be deemed to have completed its obligations under its Agreement with you and Your client when it provides to You its Microbiome Report based on the sample provided and the accompanying questionnaire.

Should MMS not be able to analyze a stool sample due to it not being an effective stool sample as a result of You or Your client failing to follow the MMS Kit Instructions, You are entitled to issue a replacement kit to your Client subject to paying the Replacement Kit and Administrative fee as listed in the MMS fee schedule.  In those circumstances you will be issued with a new Test Identification Number.

MMS is entitled at its discretion to refuse to analyse Your clients sample should Your client fail to submit their effective stool sample, complete the questionnaire and accept the Acknowledgement and Consent within 12 months of You or Your client paying the fee for a Microbiome Test.

Refund Policy

We are unable to provide a refund once Your client is registered for a test, except where;

 

Pricing

The price for a Microbiome Test or ancillary services will be those prices listed on the MMS website at the time placing an order for a test or requesting an ancillary service.  All prices published by MMS may be changed at any time without notice and are at its absolute discretion.

 

Payment Methods
MMS only accepts payment via its online payment facility and using the Debit or Credit cards listed on the MMS website. Billing to Your or Your client’s Debit or Credit card occurs at the time of purchase or shortly thereafter. Cardholders are responsible for online transactions.

 

Provision of Test Kits
As an Accredited MMS Health Provider you will receive MMS kits to hold pending requests from clients to acquire an MMS test. You will be responsible for the safekeeping and care of any unissued MMS kits in your possession. MMS will have the right to recover from you the cost of damage or loss of any unused kits within your possession.  If at any stage MMS withdraws or discontinues its service to You, You will be obliged within 7 days of receiving notice of withdrawal to return any unused kits to MMS’s principle place of business as noted on MMS’s website.

It is Your obligation to request kits in advance from MMS in order to meet the demand of Your clients.  MMS reserves the right to limit the number of kits it issues to You.  Generally, MMS will provide You with a sufficient number of kits to meet Your needs.  MMS’s assessment will be based on Your prior order history or otherwise by agreement with You. At your request, MMS may send kits directly to your client, it is your responsibility that the client address details provided to MMS are correct.

 

Shipping Costs
At the time of order You and Your client will be provided details of the cost of the test including costs of shipping and handling. The Shipping Costs will vary depending on the location of the client when sending their sample.  The client is required to nominate a location at the time of placing the order.  The Shipping Costs will be a fixed fee and paid at the time of  registering the order for a Microbiome Test.

 

MMS’s Analysis and Report

MMS regularly provides details in relation to the nature of its services, its analytical techniques and the content of its reports.  The Human Microbiome field continues to evolve and MMS is committed to remaining at the forefront of knowledge within the field.  MMS reserves the right to change its analytical techniques and the content of its reports as the state of its knowledge changes.  You acknowledge when registering a Microbiome Test for a client that the analytical techniques it applies and the reports it produces may vary from past techniques and reports.

 

Quality and Content of Reports

MMS applies high standards to its testing, analytical and reporting processes.  However, given the ongoing evolution of Human Microbiome science and the nature of the processes involved in analysing stool samples there remains the risk that data generated during the laboratory process may be un-interpretable or incorrect.  MMS takes every step to ensure that this risk is minimised.  However as this possibility is known in advance, You and Your clients are not entitled to a refund when such an event occurs.  Instead you may register for a replacement kit and Your client may submit another sample which MMS will process and analyse at no additional cost.

 

Performance of the Service in the UK

It is Agreed that this Agreement is performed by MMS in the United Kingdom and this Agreement is governed by the laws of England and Wales.  It is further Agreed that the courts of England will have exclusive jurisdiction with respect to any matter or dispute arising from or related to this Agreement.

 

Data Privacy

MMS is committed to protecting the privacy of the personal and health information of your clients. MMS is committed to and will protect all private information in relation to your client(s) and will take every step reasonably available to ensure that the personal data of your client is protected from public dissemination and inappropriate use.

 

Ownership and Use of Personal Data

MMS is the sole owner of the information collected on this site. We will not sell, share or rent this information to others in ways different from what the commitments we make in our privacy statement published on our website. Our website contains links to other sites.  MMS is not responsible for the privacy practices or the content of such sites.
Your Personal Information MMS Collect

In order to process specific areas of the MMS website, you may be required to give contact information such as your email address, as well as other personal information. We also may require that you establish a user name and password. We may collect information that you voluntarily provide to us through questionnaires or surveys.

How MMS Uses Your Information

MMS may use your personal information to provide you with the services or products that you request, to respond to your questions about our services, billing or use of our website, or to evaluate our services and products and to conduct customer surveys. With your consent, we may use your information to send additional information that may be of interest to you. We may send email to any address we obtain, once, to obtain this consent. You may elect at any time to discontinue receiving any promotional emails and materials at any time.

Using the MMS Website

In order to provide better service, MMS may use an internet tool called a “cookie.”  We may use cookies to tell us that you have visited our site before and retrieve certain information previously provided by you. We may also use cookies to keep track of information about your current site visit.  This allows us to make navigation through our site simpler for our visitors, and compile statistics that we can use to improve our site. Usage of a cookie is in no way linked to any personally identifiable information while on our site.

 

Electronic Data Security

When you submit sensitive information via the website, your information and that of your client is protected both online and off-line. Any website area where client information is displayed is secured by encryption-protected passwords, and transmission of sensitive information is protected using industry standard encryption.

When registering for access to the Portal you will be provided with a Username and an ability to create a unique Password.  It is your obligation to ensure that both your Username and Password are kept secure and not disclose that information to others.  You are required to notify MMS immediately upon becoming aware that a third party has obtained unauthorized access to your Username and Password.  MMS will have the right to claim any loss arising from your failure to adhere to these security requirements and where any loss is connected with You granting access to a third party or failing to give timely notice to MMS of a known compromise of your Username and Password by an unauthorized third party.

 

Data Protection inside MMS

Your personal information and that of your client is also restricted in our workplace. Only MMS employees who need the information to perform a specific task have access to personally identifiable information. Our employees are trained on our security and privacy practices, and the servers we use to contain personally identifiable information are kept in a secure environment.

 

Use of MMS and Map My Gut marketing materials

You may only use the Map My Gut logo for Your marketing materials once you have received formal accreditation or written approval to do so. No other Map My Gut or Map My Self marketing materials can be used without written approval from Map My Self.

 

Termination by MMS

If you fail, or MMS suspects that you have failed to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide MMS with a valid credit card or with accurate and complete registration information, or improper use of MMS marketing materials, MMS at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) prevent access to the Portal.

 

General Obligation to Comply with the law

The Portal is controlled and operated by MMS from its offices in the United Kingdom. You agree to comply with all local and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

 

Force Majeure

MMS will not be liable for its failure to provide its services for events beyond its control.

 

Entire Agreement

These Terms of Service constitute the entire agreement between you and MMS and govern your use of the Online Test Ordering Service, superseding any prior agreements between you and MMS.  MMS’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect.