In these User Access Terms, “we“, “us” and “our” means Yourgene Health UK Ltd trading as Yourgene Health (a company registered in England, no: 8436676), and “you” and “your” means the organisation (e.g. NHS Trust, company or partnership) using the MyNIPT® Portal. The MyNIPT® Portal is a data exchange portal (including the data supplied with it) (MyNIPT® Portal) for the exchange of results from IONA® screening tests, or other named tests powered by the IONA® test system (e.g. SAFE test) that measure the likelihood that a pregnant woman is carrying a fetus with Trisomy 21, 18 or 13 (and can optionally provide information on the sex of the fetus). In consideration of our allowing you to use the MyNIPT® Portal you agree to be bound by these User Access Terms.
We are required to take reasonable steps to ensure that any access to individuals’ personal information (including health information) is protected from misuse, interference and loss, from unauthorised access, modification or disclosure, and is restricted to authorised persons and for authorised purposes only. We also need to protect the MyNIPT® Portal from viruses, other malware and unauthorised entry.
In consideration of our providing you with access to the MyNIPT® Portal, you agree:
- The MyNIPT® Portal is provided for you to use solely (a) to register samples, monitor their progress, answer queries and access results of the non-invasive screening test (NIPT screening test) powered by the Premaitha IONA Test system of a blood sample from a pregnant woman provided by to you/us for screening; (b) to store templates of current patient consent forms for screenings and current templates of correspondence used to communicate with such pregnant women; and (c) to archive copies of the patient consent forms for such screenings and letters between you and such patients directly about such screenings. You will only access the MyNIPT® Portal for these reasons and for no other reasons.
- You are responsible for ensuring that you have back-up copies of all templates, patient consent forms and correspondence used to communicate with pregnant women, which are stored on the MyNIPT® Portal. We may delete any out-of-date templates.
- You are responsible for all costs associated with your use of the MyNIPT® Portal, including without limitation, all telecommunication costs, data usage and systems to view information provided by the MyNIPT® Portal.
- To comply at all times with our applicable policies, as notified to you from time to time, including policies related to the security and privacy of electronic records and to act responsibly to maintain the security and integrity of the information systems that you use, so as to minimise the chance of any problems or security breaches for us.
- Your right to access the MyNIPT® Portal is personal to you and cannot be transferred in any way. Access to the MyNIPT® Portal through any log on details is restricted to the person you nominate in writing to us from time to time as your Laboratory/Clinic Administrator and such persons which your Laboratory/Clinic Administrator registers from time to time as a user via the MyNIPT® Portal (Registered Users). Neither you nor your Clinic Administrator nor any such Registered User may share access, passwords, User IDs or other log on details to the MyNIPT® Portal with any other person. You, your Laboratory/Clinic Administrator and such Registered Users must keep all such log on details absolutely confidential.
- To ensure the appropriate use of information or functionality provided through your Laboratory/Clinic Administrator’s and your Registered Users’ log on details. We will not be liable for any losses or damage incurred by inappropriate or inaccurate use of the MyNIPT® Portal by you to the maximum extent permitted by applicable law and to ensure that unauthorised people cannot gain access to the MyNIPT® Portal and any confidential information, where such access by unauthorised people is reasonably within your control to prevent.
- To comply with all data and security legislation, standards, policies and procedures applicable to you and only to use, hold and distribute data or information accessed via the MyNIPT® Portal accordingly and, in particular, to treat any information which you save or print from the MyNIPT® Portal as confidential medical information and store it accordingly. Where such data is no longer required, it must be destroyed in a secure manner in accordance with any applicable legislation, standards, policies and procedures.
- To comply with all privacy laws, codes and guidelines including, but not limited to, the General Data Protection Regulation (GDPR), the Data Protection Act 2018, codes of practice and obligations of professional confidentiality relevant to your profession and to take reasonable steps to ensure the reliability of any Registered Users and employees who will have access to personal data.
- In using the MyNIPT® Portal you may have access to confidential information including, without limitation, personal data in respect of patients (Confidential Information). You will hold any Confidential Information in confidence and, unless required by law, shall not: (a) make any Confidential Information available to any third party (other than to a party to whom you are satisfied that you may legally disclose such Confidential Information to); or (b) use the Confidential Information for any purpose otherwise than in the proper performance of reviewing your patients’ screening results and passing such results to the relevant patent; (c) or permit or cause any unauthorised disclosure of Confidential Information through any failure to exercise due care and diligence.
- To ensure that all persons to whom we give MyNIPT® Portal access in reliance of our processer/controller terms contained within our previously provided terms and conditions of service with you and on your agreement to these User Access Terms comply with these User Access Terms and are given a copy of them for their reference.
- To indemnify us, our affiliated companies and our and their respective employees in relation to all losses, damages, actions, claims, penalties, costs or expenses which may be brought against, suffered or incurred by all or any of us or them as a direct or indirect result of your failing to comply with any of these User Access Terms.
- Where you no longer require use of the MyNIPT® Portal or where your circumstances change such that you no longer satisfy these User Access Terms, to advise us promptly so that the account can be terminated and withdrawn or amended as necessary.
- To co-operate with any audit by us or our agents of your access to the MyNIPT® Portal.
- We may suspend or terminate and withdraw your access to the MyNIPT® Portal in the event of any breach of these User Access Terms by you or by any person to whom we give MyNIPT® Portal access in reliance on your agreement to these User Access Terms, or where any other abuse of these User Access Terms is believed to have occurred.
- We make no representation or warranty that the MyNIPT® Portal will be available at all times. It may be unavailable for reasons including, without limitation, due to scheduled maintenance, service upgrades, or other mechanical or electronic failures. The MyNIPT® Portal and all information on it are provided “as is” without warranty or condition of any kind (except as may be agreed separately in writing between you and us) and to the maximum extent permitted by applicable law: (a) all warranties and conditions with regard to the MyNIPT® Portal are excluded, including without limitation, all implied warranties or conditions of satisfactory quality and fitness for purpose, title, and non-infringement; and (b) we shall not be liable for (i) any error, interruption or delay in operation in or of the MyNIPT®Portal or damage to your network, computers or peripherals related to downloading any materials in from the MyNIPT® Portal, or (ii) any direct, indirect, punitive, incidental, special, consequential damages, damages for loss of use, data, or profits, arising out of or in any way connected with your use or the performance of the MyNIPT® Portal, with the delay or inability to use the MyNIPT® Portal; whether based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of damages. Your exclusive remedy is to stop using the MyNIPT® Portal.
- We may modify the terms, conditions, and notices under which the MyNIPT® Portal is offered by sending you an email detailing such changes or posting a notice of such changes on the MyNIPT® Portal. Your continued use of the MyNIPT® Portal after the sending of such email or posting of such notice shall constitute your agreement to be bound by any such changes.
- These User Access Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of England. The courts of England will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these User Access Terms, save that nothing shall prevent us or you from seeking injunctive relief or enforcing a judgment of the English courts in any appropriate jurisdiction.