These Terms of Use set out the basis on which you are permitted to use the Malebox platform as an end user. Our Malebox platform is made available to you as part of the Malebox postal kit offering and the associated predicted semen analysis service. These Terms of Use govern our responsibility to you with respect to such services.

You are being provided with access to our Malebox platform because you have placed an order for our postal kit with your clinic or one of our other Malebox customers (Provider). The supply of, and payment for, the postal kit and the associated analysis services are between you and your Provider. These Terms of Use set out our entire liability to you for the Malebox services.

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING AND COMPLETING AMALEBOX POSTAL TEST YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT CONTINUE WITH REGISTERING OR TAKING THE TEST.

 

About us

 

We are Malebox Health Limited, a company registered in England and Wales with company number 12291119 whose registered office is at Church Farm High Street, Boxworth, Cambridge, England, CB23 4LZ (Malebox, we, us, our). We operate the Malebox platform and fulfil the Malebox postal kit orders on behalf of your Provider. The analysis services (detailed below) will be carried out by our laboratory or by the laboratory engaged by your Provider. Our registered VAT number is 406205536. If you need to contact us relating to any technical issues with the Malebox platform, or any issues with your postal kit (for example, missing or damaged parts), please email us at [email protected]. For all other queries please contact your Provider.

 

Your details

In order to supply the Malebox postal kit to you we have been provided with certain personal information about you, including your first name, last name, date of birth, email address, phone number and postal address. We process that information in accordance with our Privacy Policy. If you do not wish for us to process this information, please contact us at [email protected]. You must ensure that all information you submit to your Provider and Malebox is accurate, current and complete. Any incomplete or inaccurate information may lead to incomplete or inaccurate interpretation or generation of the results. We are entitled to rely on any information you submit to us. If we need to contact you, we will do so by writing to you at the email address or postal address supplied to us by your Provider.

 

DISCLAIMER

You acknowledge and agree that the Malebox postal kit and results are not a substitute for medical advice, medical diagnosis or consultation with a healthcare professional, and that the information contained in the report provided to you does not constitute medical advice or recommendations for medical treatment and you should not rely on it as such. Our service is not intended to replace advice from your healthcare professional. Please speak with your healthcare professional for advice relating to your results. Please also see the “Limitations to our services” section below.

Changes to these terms

We may revise these Terms of Use from time to time at our sole discretion. Please check this page for any updates. The version in force when you access the platform will apply to your use of the Malebox services.

Your access

You must be at least 18 years of age and resident in the UK in order to use our Malebox services.

 

In return for your agreeing to comply with these Terms of Use you may access the Malebox platform in order to register your postal kit using the unique ID provided with your kit and to complete our questionnaire. If you fail to register your postal kit, we will not be able to process your sample.

 

Your responses to the questionnaire, together with the information provided to us by your Provider, will be used to process your results. To the extent we, or your Provider, engage third party laboratories to carry out the analysis services on your semen sample, that information will be shared with them strictly for that purpose only.

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Completing the test

 

The Malebox postal kit contains instructions and equipment for you to collect your own semen sample and to post the sample to the laboratory indicated in your kit. PLEASE FOLLOW THE INSTRUCTIONS CAREFULLY. Failure to do so may result in incorrect results. We are not responsible for any issues with the sample or your results if you fail to follow the instructions.

 

On receipt of your postal kit, you will be instructed to freeze the vial of preservative unless conducting the test immediately.

 

Please collect, preserve and post your semen sample to the laboratory using the postage label and packaging provided. You acknowledge that test outcomes depend on the quality of the semen sample provided by you, so you agree to adhere to the semen collection protocols provided. If you do not follow these protocols a defective or partial test result may occur. We may, at our discretion, give you the opportunity of retesting if the laboratory is unable to carry out analysis due to failure of the kit. You acknowledge that semen samples that are not fully collected cannot be processed. It is not possible to make changes to the sample or information collected via the Malebox platform once it has been sent to the laboratory.

Please note, the validity of the postal kit will expire at the expiration date as outlined on the label on the main box, assuming the preservative is stored as instructed before sample collection. Please ensure you complete the test and post it at least 5 days before the expiry date to ensure it can be received and analysed by the laboratory well in advance of such expiry date.

 

Your Results

Once your semen has been analysed by the laboratory, and assuming there have been no issues with the sample, a report will be generated and shared with your Provider. The scope of the report will depend on the test ordered with your Provider (for example, semen analysis or post-vasectomy sperm check). The Provider will contact you to discuss your results. Please contact your Provider if you have any questions regarding your results.

The report is prepared solely on the basis of your semen sample and the information you have provided to your Provider and to us, without access to any additional information about you. Whilst tailored to your personal information and semen sample, you understand the report is based purely on the biological measurements taken in the laboratory and your answers provided in the questionnaire; it does not account for any additional health or lifestyle factors. This means that you must not rely on the report to diagnose or treat suspected or actual medical conditions. We recommend that you always consult an appropriate healthcare professional for advice on your specific circumstances and situation. You and your healthcare professional are responsible for any actions you do (or do not) take before and after receiving the report, and when you take (or do not take) such actions. We do not provide any consultation services as part of our Malebox offering.

Platform restrictions

By accessing our Malebox platform you agree that you will not:

● Not rent, lease, sub-license, loan, provide, or otherwise make available the platform in any form, in whole or in part to any person;
● Not copy the platform, in whole or in part;
● Not translate, merge, adapt, vary, alter or modify, the whole or any part of the platform, or allow the platform to become incorporated in any other programs;
● Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the platform nor attempt to do any such things;
● Not use the platform or our services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the platform or any operating system;
● Not infringe our intellectual property rights or those of any third party in relation to your use of the platform;
● Not use the platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
● Not collect or harvest any information or data from the platform or our systems or attempt to decipher any transmissions to or from the servers running any Malebox service.

 

Our Rights

All intellectual property rights in the information, data, text, documents, graphics, logos, designs, images, pictures, and any other content, services or materials (or any part of them) accessible from the Malebox platform belong to us (or our licensors where applicable). We may end your rights to use the Malebox services at any time by contacting you if you have breached these Terms of Use. If what you have done can be put right, we will give you a reasonable opportunity to do so.

 

Our liability to you

If you receive a postal kit with missing or defective parts, please contact us and we will arrange for a replacement kit to be sent to you free of charge. We may request for you to send us the defective kit in order to verify the issue before issuing the replacement. If, once your test is completed, there is a postal delay caused by Royal Mail and as a result your sample cannot be processed, we may also arrange for a replacement kit to be sent to you free of charge. Please see the “Limitations to our service” section for your remedy if there are any other issues with your sample. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other terms of any kind, express or implied, in connection with the Malebox services and your use of the same. We do not warrant that the functions contained in the platform will be uninterrupted or error-free, that defects will be corrected or that the platform will always be free of viruses or bugs. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. This section sets out our only liability to you in relation to the Malebox services. We are not responsible for any act or omission of your Provider or any third party (including any laboratory) engaged by your Provider.

Limitations to our service

You acknowledge and agree that the Malebox services are not a substitute for in person medical diagnosis or consultation with a healthcare professional, and that the information contained in the report does not constitute medical advice and/or recommendations for medical treatment regarding any aspect of your health, medicine intake, nutrition or lifestyle. You acknowledge and agree that in rare cases, viable semen samples cannot always be taken from the semen sample provided. This does not mean that no viable sperm are in the sample but may be a consequence of the expected degradation in the sample due to the time delay making it impossible to predict the original semen parameters. In these circumstances we may offer a further test free of charge. In the circumstances where again a viable semen sample cannot be taken from the supplied sample Malebox cannot offer any further compensation and no further tests will be carried out unless otherwise agreed with your Provider. You acknowledge that the report and the information contained in it may not be comprehensive (including information which could be obtained through semen testing but was not identified in your report for any reason). You acknowledge and agree that minor inter-laboratory and inter-sample variability exists. Traditional semen analysis has inherent variability and this is no different. Consequently, where results variability is seen, for example upon tracking an individual test over time, such variability is tolerated and expected. You also agree that on occasion, because of the inherent variability, minor changes may throw two adjacent test points narrowly inside and outside of ‘normal’ reference range but are essentially indicating insignificant variation.

General terms

Payment: Payment for the Malebox service is between you and your Provider. No payments will be made between you and Malebox.

Assignment and other dealings: Your Malebox postal kit and associated services are personal to you. You may not transfer your rights or your obligations under these Terms of Use.

 

Waiver: Any waiver of our rights against you will only be valid if given in writing.

 

Severance: Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are invalid, illegal or unenforceable, the remaining paragraphs will remain in full force and effect.

Third Party Rights: No third party shall have any rights to enforce these Terms of Use.

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Governing Law and Jurisdiction: These Terms of Use are governed by English law and English courts have jurisdiction over any dispute arising under them. If you live in Scotland, the Scottish or English courts will have jurisdiction. Similarly, if you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.

 

 

 

 

Malebox Terms of use - End user

Last update [June 2024]