Qlu Health – Terms and conditions of supply of the products
Please read these terms and conditions carefully before using this website
(“www.qluhealth.com”) –ATTENTION in particular should be made to clause 4 (risks and considerations), clause 16 (limitations of liability) and clause 20 (disclaimer).
By ordering one of our products or services you agree to be bound by the following Terms and Conditions. These conditions may be subject to change and you are advised to periodically review this information. Your statutory rights are not affected.
- “Qlu Health” means Qlu Health Limited, whose registered office address is Ground Floor, Bury House, 31 Bury Street, London EC3A 5AR, UK and registered number is 03333553131.
- “Product” or “Products” means Qlu Health products, testing kits, analysis, information brochures, software, accounts, services and website (including but not limited to text, graphics, images, and other material and information) accessed by the user.
- “Customer” means the person, company, or other entity that orders a Product, and is responsible for compliance with these Terms and Conditions.
- “Services” means Qlu Health’s products, services, and website (including graphics, text, images, and other information displayed on the website) as accessed by customers with an account or without one.
- “Consent Form” means Qlu Health’s official consent document permitting Qlu Health to collect a sample specimen for the purpose of genetic testing by Qlu Health and its associated laboratories and your personal information.
- “Results” means the DNA report and/or associated analysis, recommendations and plans relating to the Sample Provider. This will include information relating to their genotype (e.g. the presence of As, Ts, Cs and Gs at particular locations in their genome) generated through genotyping of their sample by Qlu Health or by its contractors.
- “Personal Information” is information provided by the Customer that is specific to the Sample Provider, and can be used to identify them, either alone or in combination with other information. Qlu Health collects and stores the following types of Personal Information:
- “Registration Data” is the information provided by the Customer about them when registering for an account and/or purchasing our Products (e.g. name, email, address, user ID and password, and payment information).
- “Genetic Data” is information regarding the Customers genotype (for example the presence of As, Ts, Cs, and Gs at particular locations in their genome), either uploaded or otherwise added to their account by the Customer, or generated through genotyping of their sample by Qlu Health or by its contractors. For completeness, the DNA sample provided by the Sample Provider constitutes or contains Genetic Data.
- “Self-Reported Data” is information about the Customer, such as gender, ethnicity and fitness/health-related data, which they provide direct to us through completion of questionnaires, surveys, forms or other features provided by Qlu Health.
- “User Content” is all other information, text, data, software, audio, video, photographs, graphics, messages, or other materials generated by users of Qlu Health Products and transmitted, whether publicly or privately, to or through Qlu Health.
- “Agreement” means the agreement that is entered into between Qlu Health and the Customer when the Customer activates an account or orders DNA kit through the Website, in person or by any other means indicated by Qlu Health.
- “Privacy Statement” has the meaning in Section 7 of these Terms and Conditions of Service.
Acceptance of Terms
In order to access and use the Products you are required to agree to these Terms and Conditions.
- Qlu Health reserves the right to revise or supplement these conditions. The continued use of this website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Description of the products
- The Products include, but are not limited to, DNA results, analysis of results, informational guides, plans and recommendations as set out in our Website, including the collection and genetic analysis of your sample.
- Unless explicitly stated otherwise, each new feature that augments or enhances the current Product range shall be subject to these Terms and Conditions. You acknowledge and agree that the Products are provided “as-is” and are based on the current genetic research and technology in use by Qlu Health at the time of purchase.
- Qlu Health reserves the right to refuse an order request at any time for any reason. In such a case the Customer will be informed of this decision as soon as possible.
Qlu Health Risks and Considerations
Limitations of Genetic Information
Personal genome sequencing is a new human venture which currently means there is a lack of detailed understanding of all the potential risks in an individual’s genome sequence being known and widely shared.
Consequently, it is of vitally importance that you understand the following list of important risks and considerations regarding the use of our services.
Please note that this list is not intended to be exhaustive and further risks and considerations that are outside of our knowledge are likely to become applicable in the future as the industry as a whole evolves.
- You may learn information about yourself that you did not foresee.
There is a possibility that due to the heritable nature of genetic information, sensitive information may be revealed by your Results that could have implications in terms of inferring paternity/ maternity (e.g. where multiple family Results are known, your Results would suggest you are not genetically related to your father or mother) or other features of your personal genealogy. In addition, your Results may reveal you have a higher than average chance of developing a particular condition or disease (e.g. Type 2 diabetes). Such information is likely to be distressing, evoke strong emotions and is obviously irrevocable.
For clarity, the Products offered by Qlu Health are not intended for use in paternity or maternity testing and we would advise that anyone with serious concerns of this nature should first speak with their physician or health care provider and if appropriate undergo formal paternity/ maternity testing with a laboratory accredited for this purpose.
- Genetic research is not comprehensive.
Continuous learning within the research community is discovering more about genetics and publishing updates to existing knowledge in scientific journals. Our interpretation of your genetic data is reliant on these published studies, and as a result, 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. All genetic information provided by Qlu Health is based on the latest research at the time of publication and is correct to the best of our knowledge.
- The laboratory may not be able to process your sample.
The laboratory may not be able to process your sample if your swab does not contain a sufficient amount of DNA, if the swab has been contaminated in any way, or if the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, Qlu Health will offer to send another kit to the Customer to collect a second sample at no charge. If this second attempt at DNA collection is unsuccessful, Qlu Health reserves the right to cancel the Agreement in these circumstances. This represents the limitation of our liability.
- The laboratory process may result in errors.
We make every effort to ensure our data is as accurate as possible, with all analyses carried out in duplicate. Where data do not correspond or are indeterminate, the process is repeated until the results are in accordance with one another. However, even for processing that meets our high standards, due to the nature of the laboratory techniques used, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect. If you are concerned that your Results are in any way inaccurate we will agree to re-analyse your DNA sample up to 28 days from the date you receive your Results to verify the information we have provided you. We reserve the right to charge a fee in these circumstances. If an error is detected in our genotyping process we will provide you with the amended Results free of charge.
- We may not be able to present you with a full complement of results.
In rare cases, despite our best efforts, it may not be possible to obtain an unambiguous result for some DNA variations (SNPs) due to biological or technical complications. This means that a result cannot be called clearly; in other words the detected analysis signal is of such poor quality it is not possible to claim a result with an acceptable level of certainty. To ensure we maintain high quality and accurate data, in such circumstances we will not call a result, and we will inform you that unfortunately our tests were inconclusive for this data point. The final analysis will be treated as successfully completed if no more than two unique genetic variations are missing and the analysis will not be repeated in this case.
- Your Personal Information may be anonymised and used for research and development (R&D) purposes to contribute knowledge to the field and further improve our Products.
Part of our aim at Qlu Health is to contribute to the continual development and refinement of genetic research into health and fitness-based traits. As part of this commitment we may use some or all of your Personal Information to expand and improve our current knowledge of this field. Research and development activities may include, but are not limited to:
- performing quality controls;
- trialling new protocols, techniques or equipment;
- sharing information with academic groups to advance their studies;
- performing data analysis.
Some of these activities may result in commercialisation with a third party.
As part of this process Registration Data will be removed from Genetic Data and Self-Reported Data, which will be combined and the anonymised results pooled to draw relevant conclusions. For clarity, your Registration Data will not be shared with any third parties without your express consent unless there is a legal obligation or judicial order. You have the right to request for your DNA sample to be disposed of at any time by contacting us at: email@example.com.
- Genetic Data you share with others could have social, legal or economic implications.
Use of genetic test results by employers in pre-employment medical checks is restricted in the UK by the Equality Act 2010, and in the US by the 2008 Genetic Information Nondiscrimination Act (GINA), which makes genetic discrimination illegal and addresses discrimination in health insurance and employment practices. However, as of yet, this protection does not explicitly cover life or disability insurance providers as these products are considered as more discretionary than health insurance. If you are asked by an insurance company whether you have knowledge of Genetic Data concerning health conditions and you do not disclose your Results to them, this may be considered fraud.
Currently, very few businesses or insurance companies request genetic information, but it is possible that changes in legislation for businesses requesting this information could change in the future. As a result, you may want to consult a lawyer to understand the full implications of sharing your Genetic Data with others. We recommend you are cautious about sharing your Genetic Data with others, as ultimately the outcome could have significant social, legal, or economic implications for you as an individual.
- The Qlu Health product range is intended for informational and educational use only and is not intended to be used for medical advice or diagnosis or treatment.
We do not provide medical advice and cannot guarantee a particular outcome as a result of you taking any specific course of recommended action or advice outlined by your Results on the basis of your Genetic Data. Although we take a strong evidence-based approach, the information we provide is based on a small subset of genetic markers and as a result is only one part of a much larger picture. There may be additional genes, unknown genetic interactions, environmental factors, or lifestyle choices that are more important predictors.
Before making any changes to your lifestyle, diet or exercise routines you must first consult a physician or other qualified health care provider.
- Please be advised that you are solely responsible for the way information in your Results is interpreted and acted upon and any recommendations you follow you do so at your own risk. In no way will Qlu Health or any persons associated with Qlu Health be held responsible for any injuries or problems that may occur due to the use of this information or the advice contained within.
If you have any concerns or questions about what you learn through your access to Qlu Health Products that cannot be answered by your Qlu Health advisor, you should contact your physician or other health care provider.
Use of personal information
- If an account is registered or a Product order placed, Qlu Health will process Registration Data, such as (but not limited to) name, address, email address and phone number of the Customer.
- This Registration Data will be used by Qlu Health to optimally execute the Agreement, such as maintaining contact with the Customer, performing market research, and informing the Customer of similar products and/or services by Qlu Health or of our latest products and/or services that we believe they might find of interest.
- This Registration Data shall not be passed to third parties without prior consent, unless there is a legal obligation or judicial order.
- 5.2) The Genetic Data, as contained in the DNA sample you provide to Qlu Health, is considered sensitive Personal Information. By providing a DNA sample to Qlu Health the Sample Provider agrees to give their explicit consent to Qlu Health to process your sensitive Personal Information in accordance with these Terms and Conditions, which may include research and development activities such as performing data analysis studies in association with your Self-Reported Data. As part of this process, wherever it is possible, Genetic Data and Self-Reported Data will be processed in an anonymised fashion with related Registration Data removed and results combined.
Creating a customer account
- In return for your use of Qlu Health’s Services, you agree to:
- Provide accurate and current Registration Information about yourself as requested by the Services; and
- Maintain and update your Registration Information to keep it accurate and current. If you provide information that is inaccurate or not current, or if Qlu Health suspects that your Registration Information is inaccurate and not current, Qlu Health has the right to terminate or suspend your account and refuse any current or future use of the Service.
- You are REQUIRED to create a password for your account. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all of the activities that happen under your password and account. If you allow others to access Qlu Health’s website through your account and password, you will indemnify Qlu Health and its affiliates against any liability or costs arising from claims by other people based on the access and use of your account.
- You agree to:
- Immediately notify Qlu Health of any use of your password or account that has not been authorised; and
- Exit from your account after each session.
- QLU HEALTH EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE ARISING FROM NOT FOLLOWING THIS SECTION.
Qlu Health privacy statement and disclosure information
- In order to use the Services, you must acknowledge and accept the Privacy Statement. You may not be able to use the Services if you do not accept the Privacy Statement. You must acknowledge and accept to the Privacy Statement by signing the consent form.
- You acknowledge and accept that Qlu Health personnel can and may monitor the use of its systems and can keep copies of such monitoring.
- By accessing Qlu Health Products and services, you agree to, acknowledge, represent and warrant the each and every of the following:
- You give permission to Qlu Health to perform genotyping services on the DNA extracted from your sample and to disclose the results of analyses performed on your DNA to you and to others you specifically authorise.
- You confirm that you are eighteen (18) years of age or older if you are providing a sample.
- You are guaranteeing that any sample you provide is your own.
- If the DNA sample is provided by a Sample Provider who is not the Customer, the Customer warrants that the Sample Provider has acknowledged and agreed to the Terms and Conditions.
- If you are a Customer outside of the UK providing a sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
- You have read the ‘Important Risks and Considerations Regarding Qlu Health Products’ (section 4) and confirm that you understand the potential implications and limitations of your Results.
- You take full responsibility for any possible consequences resulting from your sharing access to your Results with others.
- You agree that you have the authority, under the laws of the jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations, Qlu Health has the right to terminate the Agreement and refuse any and all current or future use of the Products and services (or any part thereof) and you will defend and indemnify Qlu Health and its affiliates against any liability, costs or damages arising out of breach of the representation.
Under the human tissue act 2004 taking DNA from another person without their consent is a criminal offence punishable by imprisonment or a fine or both. – https://www.hta.gov.uk/faqs/analysis-dna-under-ht-act-faqs
Qlu Health intellectual property rights
- Qlu Health assert all our intellectual property rights, including but not limited to copyright, databases and know-how, in our Website and Products. Qlu logos and product and service names are trademarks of Qlu Health and these marks together with the Qlu Health name and any other Qlu Health trade names, service marks, logos, domain names and other distinctive brand features are the “Qlu Health Marks”.
- Unless agreed otherwise in writing by Qlu Health, other than through the Use of Materials in Section 10, nothing in these Terms and Conditions gives you a right to use any Qlu Health Marks and you agree not to display or use in any manner, Qlu Health Marks. The Customer agrees that they shall not remove, obscure or alter any proprietary rights notices that may be affixed to or contained within the Products.
- The Customer expressly guarantees that all instructions and directions pertaining to the use of the Website and/or the Products will be followed, and that the Website and/or the Products will not be used in any way that could damage Qlu Health and/or third parties.
Rules of Conduct
- The following Rules of Conduct apply to use of our Products, this Website and other media channels such as (but not limited to) Facebook or Twitter. By using our Products, Website or other media channels you agree that you will not distribute any content that:
- is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; or
- is bigoted, hateful, or racially or otherwise offensive; or
- is violent, obscene, pornographic or otherwise sexually explicit; or
- otherwise harms or can reasonably be expected to harm any person or entity; or
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or
- infringes or violates any right of a third party including:
- copyright, patent, trademark, trade secret or other proprietary or contractual rights; or
- right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or
- any confidentiality obligation;
- is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Products, Website, other media channels or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites;
- violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or
- is antisocial, disruptive, or destructive. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms and conditions, and you hereby assume all risk of harm or injury resulting from any such lack of compliance.
- We reserve the right, but disclaim any obligation or responsibility, to:
- refuse to post or communicate or remove any content from our Website or any other channel that violates these Rules of Conduct and
- identify any user to third parties, and/or disclose to third parties any content or personally identifiable information, when we believe in good faith that such identification or disclosure will either
- facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or
- help to enforce these Rules of Conduct, and/or protect the safety or security of any person or property.
Moreover, we retain all rights to remove any or all content at any time.
- Time for delivery is not of the essence of any Product or service provided by Qlu Health. Qlu Health will make reasonable effort to ensure delivery within the stated delivery date.
- If Qlu Health becomes aware of circumstances that impede achievement of this delivery date then Qlu Health will notify the Customer as soon as reasonably possible, indicating the revised expected delivery date.
- If the delivery is prolonged for more than thirty days beyond the original delivery date provided by Qlu Health then the Customer has the right to terminate the Agreement and receive a full refund.
- Details of relevant export regulations apply to the export of goods.
Export control and applicable laws and regulations
- You agree that you will abide by all applicable laws and regulations in your use of the Services and specifically that you will not violate any applicable export control rules. In addition, you agree that you will not do anything that would cause Qlu Health to violate any such statute, regulation or rule.
Faulty or damaged goods
- Any goods supplied by us and found to be faulty or damaged will either be replaced free of charge or refunded in full. Any Product damaged when delivered must be notified to us within three (3) days of delivery. We may arrange for the collection of the damaged goods.
- You are required to check on receipt of your order whether the Products meet the requirements as stipulated in the Agreement. If the Product falls below these requirements you are obliged to notify Qlu Health in writing as soon as possible, and in all events within fourteen (14) days of delivery.
- If it is demonstrated that the Products do not meet the requirements of the Agreement, Qlu Health has the option to return and replace such Products with new Products or to return the invoice value of such Products.
- Qlu Health has the right to modify or discontinue the Services at any time with or without any prior notice. You understand and accept that
- modifications can result in a computational delay from some of Qlu Health features or Services, and
- Qlu Health cannot be liable to you or any third party for any modification or discontinuation of the Services.
- You understand that Qlu Health may offer different or additional software or features to analyse your Genetic Information in the future and that your initial purchase does not necessarily allow you to obtain additional technologies or features to analyse your Genetic Information without an additional fee. You may have to pay additional fees to have your Genetic Information collected and analysed using additional technologies or features.
Right to cancellation
- The Customer has the right to cancel the Agreement within seven (7) days of the Confirmation Date of the order, free of charge and without giving any reason. If the Customer wishes to terminate the Agreement with Qlu Health after this seven-day period, Qlu Health reserves the right to refund any payment made by the Customer less any delivery and/or consumable costs incurred.
- To exercise their right to cancellation the Customer must notify Qlu Health in writing or by email using the contact details found on the Website. If the Customer exercises their right to cancel, Qlu Health shall see to the reimbursement within thirty (30) days of safe receipt of all returned goods.
- In the event of the frustration of the contract due to, but not limited to, one or more of the following;
- the absence of a usable DNA sample being provided to Qlu Health, or
- no receipt of the required consent by the Sample Provider to agree to these terms and conditions being provided, or
- a bona fide Force Majeure Event as defined in clause 19, or
- any other such frustrating event as identified by law and advised in the opinion of a barrister or solicitor appointed by Qlu Health, then Qlu Health is entitled to validly terminate the contract under clause 17.
Limitations of liability
- Nothing in these Terms and Conditions shall limit or exclude Qlu Health liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
- Subject to clause 16.1:
- Qlu Health shall under no circumstances whatever be liable to the Customer or Sample Provider, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss (including but not limited to loss of revenue, loss of anticipated savings, loss of goodwill, loss or corruption of or damage to data or for any incidental, consequential or special loss or damage) arising under or in connection with the Agreement; and
- Qlu Health combined total liability to the Customer or Sample Provider in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total sum of the consideration received by Qlu Health under this Agreement.
- The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 and sections 13 to 15 of Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Agreement.
- This clause 16 shall survive termination of the Agreement.
- Qlu Health may at any time, terminate an Agreement, if:
- the Customer has breached any provision of these Terms and Conditions; or
- the Customer is in default of payment; or
- Qlu Health is required to do so by law; or
- the partner with whom Qlu Health offered the Products to you has terminated its relationship with Qlu Health or ceased to offer its services to you; or
- a contractually frustrating event arises as described in clause 15.3, or
- Qlu Health is no longer able to provide the Products to users in the country in which you reside.
- If Qlu Health terminates the contract in accordance with this clause 17 then it will not be liable for any costs or damages incurred by the Customer as a result of early termination.
- Payments in advance before Termination do not have to be reimbursed.
- Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Products or services may be referred to appropriate law enforcement authorities.
- The Customer and the Sample Provider acknowledge and agree that Qlu Health shall not be liable to you or any third party for any termination of your access to the Products.
- Upon termination of an Agreement, these TACs will continue to govern the relations between parties to the extent that they are necessary for the completion of it.
Transfer of Rights
- Qlu Health is entitled to assign, novate or transfer to any third party any or all of its rights and obligations on account of the Agreement, the Services or these Terms and Conditions without consent of the Customer.
- The Customer is not entitled to assign, novate or transfer to any third party any or all of its rights and obligations on account of the Agreement, the Service or these Terms and Conditions without the consent of Qlu Health. The consent of Qlu Health is given entirely at its own discretion.
- Neither party shall be liable for any failure or delay in performing its obligations under any contract for purchase of the Products to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
- The Qlu Health product range is intended for informational and educational use only and is not intended to be used for medical advice or diagnosis or treatment. We do not provide medical advice and cannot guarantee a particular outcome as a result of you taking any course of recommended action or advice outlined by your Results on the basis of your genetic profile.
- Although we take a strong evidence-based approach, the information we provide is based on a small subset of genetic markers and as a result is only one part of a much larger picture. There may be additional genes, unknown genetic interactions, environmental factors, or lifestyle choices that are more important predictors.
- Always seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness. Before making any changes to your lifestyle, diet or exercise routines you must first consult a physician or other qualified health care provider.
- Please be advised that you are solely responsible for the way information in your Qlu Health Report is interpreted and acted upon and any recommendations you follow you do so at your own risk. In no way will Qlu Health or any persons associated with Qlu Health be held responsible for any injuries or problems that may occur due to the use of the information provided by Qlu Health or the advice contained within. If you think you may have a medical emergency, call your doctor or the relevant emergency services immediately.
- In addition, we make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through our Website. Reliance on any information appearing on our Website or other channels including but not restricted to social media is strictly at your own risk. Sites may contain the opinions and views of others.
- Site content is intended for educational purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.
- We shall not be responsible for any errors or omissions contained on our Website as it is for general guidance only. We reserve the right to make changes to the Website without notice.
- The Website may contain links to external Internet pages. Qlu Health has not reviewed all these sites and they are not under our control. Qlu Health is not liable for the use or the content of these external sites or for the content of any third party site which links to us.
- Neither Qlu Health, or its successors, employees, partners, suppliers, agents and representatives, nor any other party involved in creating, producing or delivering the Qlu Health Website is liable for any direct, incidental, consequential, indirect or any other damages arising out of your access to, or inability to access, or use of, or inability to use, the Qlu Health Website and Products. This includes, but is not limited to, economic loss, injury, illness or death.
These Terms and Conditions are governed by and shall be construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute that may arise.
Notices to you may be made via either email, regular mail or through your Qlu Health Customer Account. Official notices related to our Terms and Conditions must be sent to us at:
Qlu Health Ltd, Ground Floor, Bury House, 31 Bury Street, London, EC3A 5AR, United Kingdom
Any notices that you provide without compliance with this section on Notices shall have no legal effect.
- Entire Agreement. The T&Cs represents the entire agreement between you and Qlu Health. It governs your Service uses and replaces any prior agreements made between you and Qlu Health on this matter. You can also be subject to additional terms and conditions that may apply when you use the Services, content or software.
- Applicable Law and Arbitration. Except regarding disputes relating to intellectual property rights, obligations, or claims, disputes with Qlu Health arising from Agreement (“Disputes”) will be governed by the laws of the United Kingdom regardless of your country of origin or where you access Qlu Health. Any Disputes shall be resolved by arbitration in accordance with the Arbitration Act, and shall be held in London, United Kingdom, in English, with written reasons from the arbitrator at either party’s request, and with arbitration costs and solicitor fees of both parties to be borne by the party that loses. Either party can obtain injunctive relief, orders to compel arbitration, or orders to enforce arbitral awards in any court of competent jurisdiction.
- Waiver. Failure from Qlu Health to enforce any right or provision form the Terms of Service should not constitute a waiver of such right or provision. If any Terms of Service provision is found by a court of competent jurisdiction to be invalid, the parties will agree that the court should endeavour to give effect to the party’s intentions as they are reflected in the provision, and the other Terms of Service provisions shall remain in full force and effect.
- Limitation of Action. You agree that regardless of any law that states the contrary, any claim or cause of action from or related to the Services use or the Terms of Service must be filed within one (1) year after the claim or the cause of action is made.
- Admissibility of Printed Versions. A printed version of this agreement and any electronic notice shall be admissible in judicial or administrative proceedings to the same extent as similar conditions in other documents that are originated and maintained in printed form.
- Severability. If any Terms of Service portion is found to be null, void, voidable or unenforceable, the portion that remains is in full force and effect.
- Amendments. We hold the right to modify or replace the Terms of Service, which are effective as they are posted at www.qluhealth.com or as notified otherwise. If you disagree with any changes, you may terminate this Agreement at any time as stated in Section 18 (Termination).
- Assignment. You shall not assign any rights or obligations under this Agreement. Any assignment and delegation shall be deemed ineffective. Qlu Health can assign or delegate all rights and obligations under the Agreement without notice to you. We can also substitute Qlu Health (upon notice to you) for any third party that will assume our rights and obligations under this Agreement.
Your privacy is important to us. We value the trust you have placed in us, and are committed to protecting and safeguarding any personal information you give us.
This document, which we update from time to time, describes how we use and process your Personal Information. It also tells you how you can contact us if you have questions about your Personal Information.
Qlu Health offers fitness and nutrition technology and genetic analysis through its own websites and through other online platforms such as partners’ websites. The information that follows applies to all of these platforms.
What kind of Personal Information does Qlu Health use?
In accordance with the Data Protection Act (1998) and as outlined in our Data Protection Policy, “Personal Information” is any information provided by you, the Customer, that is specific and can be used to identify you, either alone or in combination with other information.
Qlu Health collects and stores Personal Information to provide our Products and Services, maintain our accounts and records and to support and manage our staff.
We process the following types of Personal Information:
Registration Data – during the order, registration and payment process we will collect delivery and payment information/financial details. We will automatically create a member’s account for you, so that you can use it to access your results and Personal Information. Information provided by you when registering for an account and/or purchasing our Products may include name, email, address, phone number, user ID and password, and payment information/financial details. Registration Data shall not be passed to third parties without prior consent, unless there is a legal obligation or judicial order.
Genetic Data – when you order our Products, you will be asked to provide a DNA sample in order for us to obtain information regarding your genotype (e.g. the presence of As, Ts, Cs, and Gs at particular locations in your genome). This DNA sample is typically provided via a sample of your saliva. For completeness, the DNA sample provided by you constitutes or contains Genetic Data. This information is used by Qlu Health to prepare the best possible advice for you with regards to training and nutrition. Genetic Data will be generated through genotyping of your sample by Qlu Health or by its contractors and uploaded to your personal account by Qlu Health or its contractors. The Genetic Data is considered “Sensitive Personal Information”. When providing Genetic Data to Qlu Health, you will be asked for your explicit consent for Qlu Health to process your Sensitive Personal Information in accordance with our Terms and Conditions. Processing may include research and development activities such as performing data analysis studies in association with your Self-Reported Data. As part of this process, Genetic Data and Self-Reported Data will be processed in an anonymised fashion with related Registration Data (Personally Identifiable Information, PII) removed and results combined.
Self-Reported Data – when you order a Qlu Test you will be asked for certain information that is relevant to the production and analysis of your results. This information, combined with test results, may be used by Qlu Health, with your express permission, to send personalised advice to you based on the results of your report. With your consent, additional Information may be requested including; family, lifestyle, social circumstances other “Sensitive Personal Information” such as racial or ethnic origin, and other lifestyle data, which you would provide direct to us through completion of questionnaires, surveys, forms or other features provided by Qlu Health. When providing Self-Reported Data to Qlu Health, you will be asked for your explicit consent for Qlu Health to process your data in accordance with our Terms and Conditions. Other processing may include research and development activities such as performing data analysis studies in association with your Genetic Data. As part of this process, Genetic Data and Self-Reported Data will be processed in an anonymised fashion with related Registration Data (Personally Identifiable Information, PII) removed and results combined.
User Content – when you visit our website, even if you do not order any product, we may collect certain information, such as your IP address, which browser you’re using, and information about your computer’s operating system, application version, language settings and pages that have been shown to you. If you are using a mobile device, we might also collect data that identifies your mobile device, device-specific settings and characteristics and latitude/longitude details. We might also calculate and process data related to the type of apps installed on a mobile device, such as the name of the app, an app description and the category it belongs to. All other information, including text, data, software, audio, video, photographs, graphics, messages, or other materials generated by using Qlu Health Products or certain social media services and transmitted, whether publicly or privately, to or through Qlu Health are considered to be “User Content”. None of this information by itself will be able to tell us who you are, but it can still considered to be Personal Information.
Why does Qlu Health collect, use and share your personal details?
Provision of Products and Services
First and foremost, if an account is registered or a Product order placed, we use your Personal Information to complete and administer your orders and forward required delivery details to the depots that ship your DNA test kit and other merchandise.
Sharing your details with our customer service staff allows us to assist when you need us, such as responding to queries related to your orders, test, training and nutrition plans.
We may use your contact information to invite you to answer a short questionnaire regarding your experience with our website, our customer service or the information provided to you in our member area. The survey results will be used to help us better understand and improve the service we provide to all our customers.
We also use your information for marketing activities, as permitted by law. For example, you may choose to subscribe to our newsletters in order to receive emails notifying you of any new products or analysis we are offering. You can opt out of this service at any time by clicking on the ‘unsubscribe’ link in any emails we send to you.
There may be other times when we get in touch by email, by phone or by texting you, depending on the contact information you share with us. There could be a number of reasons for this:
- We may need to respond to and handle requests you have made.
- If you have not finalised an order online, we may email you a reminder to continue with the order process.
- When you use our services, we may send you a questionnaire or invite you to provide a review about your experience with Qlu Health.
We sometimes ask our customers to take part in market research. Any additional personal details that you give us as part of the market research will be used only with your consent.
Fraud detection and prevention: We may use Personal Information for the detection and prevention of fraud and other illegal or unwanted activities.
Improving our services
Finally, we use Personal Information for analytical purposes, to improve our Products and Services, to enhance the user experience, and to improve the functionality and quality of our online platform.
Research and Development
Part of our aim at Qlu Health is to contribute to the continual development and refinement of genetic research into health and fitness-based traits.
As part of this commitment we may use some or all of your Anonymised Sensitive Personal Information (Genetic Data and Self-Reported Data) to expand and improve our current knowledge of this field and further improve our Products and Services.
As part of this process, Registration Data will be removed from Genetic Data and Self-Reported Data, and the latter two will then be combined to generate anonymised results, which will then be pooled to draw relevant conclusions.
For clarity, your Registration Data will not be shared with any third parties without your express consent unless there is a legal obligation or judicial order.
You have the choice to participate in other Qlu Health Research for which your explicit consent will be sought beforehand. Research and Development activities may include, but are not limited to:
- performing quality controls
- trialling new protocols, techniques or equipment
- sharing information with academic groups and other third parties to advance their studies
- performing data analysis. Some of these activities may result in commercialisation with a third party
As part of this process, Registration Data will be removed from Genetic Data and Self-Reported Data, and the latter two will then be combined to generate anonymised results, which will then be pooled to draw relevant conclusions. For clarity, your Registration Data will not be shared with any third parties without your express consent unless there is a legal obligation or judicial order.
You have the right to request that your DNA sample and/or any remaining saliva sample be disposed of at any time by contacting us at firstname.lastname@example.org
Sharing of data
How does Qlu Health share your data with third parties?
In certain circumstances, we may share your personal data with third parties.
In order to deliver your orders, we need to transfer relevant delivery details to suppliers, contractors and other service providers. This may include information such as your name, contact details (email, address and telephone number) and address details you specified when making a booking. Additionally, we may need to share your information with business associates and other professional advisors in order to provide you with our Products and Services.
We may share your Personal Information with governmental or investigative authorities if we are required by law (or any regulation having the force of law) to do so. Such requirements include court orders, subpoenas and orders arising from legal processes and criminal investigations. We may also disclose your personal data if it is strictly necessary for the prevention, detection or prosecution of criminal acts.
What security procedures does Qlu Health put in place to safeguard your Personal Information?
Qlu Health takes the security and confidentiality of your Personal Information extremely seriously and maintains a high level of protection so that third parties do not unnecessarily gain access. In accordance with UK and European data protection laws, we use appropriate business systems and observe reasonable procedures to prevent unauthorised access and the misuse of Personal Information. We also use security procedures and technical and physical restrictions for accessing and using the Personal Information on our servers. Personal Information is password protected and stored on secure servers that are only accessible to authorised personnel of Qlu Health. Your DNA sample is barcoded with no personal or identifying data included in the return mailing.
How can you control marketing emails?
Upon ordering products or registration, we provide options to opt out of marketing and sales emails. If you remain opted in, we hope you enjoy receiving our emails, but if you would prefer not to be kept up-to-date with our special offers, you can opt out, or unsubscribe, from marketing communications at any time using the ‘Unsubscribe’ link in each newsletter.
How can I find out what personal information Qlu Health holds about me?
Under the Data Protection Act you have the right to request a copy of the personal information Qlu Health holds about you and to have any inaccuracies corrected. This is called a Subject Access Request or SAR.
We allow you to make up to two SAR requests for free in any 12-month period, but we reserve the right to charge £25 for any additional information requests made in any 12-month period at our discretion.
When you make an SAR you will be required to prove your identity with two pieces of approved identification (listed below). We will use reasonable efforts consistent with our legal duty to supply, correct or delete personal information about you on our files.
We will need two copies of forms of identification, which can be:
- Driving licence
- Birth certificate
- Utility bill (from last 3 months)
- Bank statement (from last 3 months)
Qlu Health aim to acknowledge receipt of SAR’s within five working days from receipt of request. If submitting a request by post, we advise you to send via registered or signed for delivery and you should retain your proof of posting. Please state in your letter your preferred method of communication (Post, Telephone or Email).
Qlu Health will respond with SAR details within one calendar month from the date of confirmed identification of the data subject as set out under GDPR regulations however circumstances may make it necessary for an extension of up to an additional two calendar months being required in processing complex requests or during a period where a high volume of requests are being received. Where an extension is required Qlu Health will inform you within the first (one) month period and of your rights (and process) to challenge the requested extension under GDPR regulations.
Qlu Health Ltd DISCLAIMS LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES and assumes no responsibility or liability for any loss or damage suffered by any person as a result of following or misusing any of the information or content on this website. Qlu Health Ltd assumes or undertakes NO LIABILITY for any loss or damage suffered as a result of the use or misuse of any information or content or any reliance thereon.
USE AT YOUR OWN RISK: This web site is for informational purposes only. Consult a physician before performing this or any exercise program. It is your responsibility to evaluate your own medical and physical condition, or that of your clients, and to independently determine whether to perform, use or adapt any of the information or content on this web site. Any exercise program may result in injury. By voluntarily undertaking any exercise displayed on this web site, you assume the risk of any resulting injury.