These Terms of Use set out the basis on which you are permitted to use the Malebox clinical portal as a clinician on behalf of your laboratory. Our portal is made available to you in order for you to complete the predicted semen analysis service offered by our selected clinics and other customers (Providers) to end users and to generate the report using the portal. You are not permitted to use the portal for any other reason.

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE PORTAL 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 ACCESS THE PORTAL.

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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 portal and fulfil the Malebox postal kit orders on behalf of the Providers. Our registered VAT number is 406205536.

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If you need to contact us relating to any technical issues with the portal, or any issues with samples received, please email us at [email protected].

 

Your details

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In order to register you as a clinician user of the portal we have been provided with certain personal information about you, including your first name, last name, professional qualifications and registration numbers (where applicable), training records, email address and password. 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].

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If we need to contact you, we will do so by writing to you at the email address supplied to us.

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Changes to these terms

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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 portal will apply to your use of it.  

Your access

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In return for your agreeing to comply with these Terms of Use you may login and access the portal via our secure login page in order to:

• input the Malebox postal kit ID in order to identify the sample to be analysed;

• accept or reject the end user collection questionnaire;

• complete the pre-analysis questionnaire;

• include comments for our information only, which will not be published in the report or shared with the Provider or end user;

• include comments for publication in the report, which will be shared with the Provider and end user;

• input two sets of measured semen analysis values for the semen sample; 

• generate a prediction of original semen parameters using the portal (Predicted Results);

• generate a report containing the Predicted Results and your publishable comments; and

• review and e-sign approval of the report to be processed and shared by us with the Provider and ultimately the end user.

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Postal kits, samples and reports

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The end user is responsible for registering their Malebox kit, completing the test by collecting their sample, inputting additional information via the end user Malebox platform, and sending the completed test (sample) to you at the laboratory, all in accordance with our instructions to them. If you believe an end user has not followed instructions and/or the sample cannot be processed, please reject the sample in the portal and record the reason for rejection and (to the extent the issue is discoverable without processing the sample) do not process the sample. 

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The end user information shared with you will be accessible via the portal. You are only permitted to use the end user information as required to perform the analysis and generate the report. You are not permitted to use it for any other purpose. 

Samples will be delivered to the laboratory via Royal Mail in the packaging we provide to the end user with their postal kit. The end user is required to package the sample in accordance with our returns instructions to ensure it is preserved and reaches you safely. If there are any issues with delivery, please contact us at [email protected] and we may arrange for a replacement kit to be sent to the end user.

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Semen analysis must be carried out following Malebox’s standard operating procedures (SOPs), which is based on the 6th Edition WHO Semen Analysis Guidelines and according to the laboratory’s quality standards. You are solely responsible for carrying out the semen analysis in accordance with such standards and with all due skill, care and diligence. You must ensure you correctly input the measured semen analysis values into the portal for the predictions to then be applied to. You are also solely responsible for checking the report and ensuring only publishable comments are included in it. 

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The report is automatically generated through the portal once you complete the above steps. The report is prepared solely on the basis of the semen analysis metrics and the information which you and the end user have inputted into the portal and end user Malebox platform respectively. Please ensure such information is complete and accurate. We are not responsible for any errors in information submitted by you.

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The report will be shared with the end user by a healthcare professional at the Provider. 

 

Portal restrictions 

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

 

• not rent, lease, sub-license, loan, provide, or otherwise make available the portal in any form, in whole or in part to any person; 

• not copy the portal, in whole or in part; 

• not translate, merge, adapt, vary, alter or modify, the whole or any part of the portal, or allow the portal 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 portal nor attempt to do any such things;

• not use the portal 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 portal or any operating system; 

• not infringe our intellectual property rights or those of any third party in relation to your use of the portal; 

• not use the portal 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 portal or our systems or attempt to decipher any transmissions to or from the servers running any Malebox service.

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Our Rights

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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 portal belong to us (or our licensors where applicable). 

 

We may end your rights to use the portal 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

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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 portal and your use of the same. We do not warrant that the functions contained in the portal will be uninterrupted or error-free, that defects will be corrected or that the portal 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 portal. 

General terms

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Your authority: By accessing the portal you agree and represent to us that you are authorised to do so on behalf of the laboratory and that you hold, and will maintain, all required licences, consents and permissions to complete the analysis services in accordance with these Terms of Use. We reserve the right to request evidence of your qualifications at any time. 

 

Assignment and other dealings: Your access to the portal is 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. 

 

Governing Law and Jurisdiction: These Terms of Use are governed by English law and English courts have jurisdiction over any dispute arising under them. 

 

 

Malebox Terms of use - Clinicians

Last update [June 2024]