Our terms of service for kit & digital purchases

What these terms cover

These are the terms and conditions on which we supply our Services, including Services for which we currently make no charge. They apply even if someone else bought your DNA testing kit, or arranged for us to provide our Services to you. Most of the terms apply even if you acquire your testing kit or order your Service through a third party, and not directly through us.

These terms do not apply to the sale of physical products Our Services are described on our website, www.livingdna.com, which we refer to as ‘our Site’ in these terms.

Terms may change.

Every time you place an order for Services, please check these terms as they may have changed.

Why you should read them.

These terms tell you who we are, and how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

How the terms are set out.

Part 1 sets out our key terms, and Parts 2 -7 include additional provisions, some of which apply only to specific Services. You should take care to read whichever parts apply(ies) to the Services which you have ordered.

The parts of the contract are:

1. Part 1 Key terms that apply to all Services
2. Part 2 Additional terms which apply to all Services
3. Part 3 Terms that apply to our DNA Tests, uploading DNA data to, and accessing it through our platform, and to our ancestry and trait report Services.
4. Terms that apply to our Family Matching service
5. Terms that apply to our Wellbeing Services

Agreeing to other terms

By agreeing to these terms you also agree to our Terms of use for our website, and Acceptable Use Policy for our site, which forms part of the contract between us.

1. Information about us and how to contact us

• a) We are Living DNA Limited, a company registered in England and Wales under company number 10221519. Our registered office is at 4 King Square, Bridgwater, Somerset, United Kingdom, TA6 3YF and our principal office and correspondence address is Unit G1, Frome Business Park, Manor Road, Frome, Somerset, BA11 4FN. We are referred to as ‘we’ or as ‘Living DNA’ in these terms.
• b) To contact us, please see our Contact Us page You can also contact us by telephoning our customer service team at 0203 823 6002, by emailing us at help@livingdna.com or by writing to us at Unit G1, Frome Business Park, Manor Road, Frome, Somerset, BA11 4FN.
• c) If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order, or held on your Living DNA account. Where you bought our Services from one of our partners, we may either contact you directly, or through that partner.
• d) 'writing' includes emails

3. Our contract with you (this part of our terms only applies if you buy your test or place your order directly with us, and not through one of our partners)

• a) How we will accept your order for Services. Our acceptance of your order for Services will take place when we email you to accept it (which if you have ordered our DNA testing Service, will be when we email you to confirm that we have dispatched your DNA testing kit. This is the point at which a contract will come into existence between you and us. You may at any one time have more than one contract with us if you order multiple Services.
• b) If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the service which you have ordered.

4. Other circumstances where these terms become binding

These terms also apply whenever you use our Services, including when you open an account with us, or when you activate your DNA test on our Site, or upload genetic data to our Site. They also become binding when you buy our Services from a third party who is authorised to sell them, and accept these terms through their platform, or as part of the account opening process on our Site.

5. Your rights to make changes

(this part of our terms only applies if you buy your test or place your order directly with us, and not through one of our partners)

If you wish to make a change to an order that has been placed with us, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. Changes to the services.

a) We may change our Services and these terms even after an order has been placed with us:

• i) to reflect changes in relevant laws and regulatory requirements; and
• ii) to implement minor technical adjustments and improvements,
• iii) as required to address a security threat;

b) More significant changes to our paid Services and these terms. In addition, we may make more significant changes to our paid Services and these terms, but if we do so we will notify you and you may then contact us to cancel your order (if placed directly with us) before the changes take effect and receive a refund for any Services paid for but not received.

c) Changes to free Services and changes after delivery of a report/test results. In addition, we may make more significant changes at any time if one of the following applies:

• i) your Service is provided without a fee, for example the provision of an account with Living DNA;
• ii) we have provided the test results/reports that you ordered, and have provided you with reasonable time to access those results/reports.

We will let you know of changes by sending an email to the email address recorded on your Living DNA account.

7. Delivery costs (if you order through us).

Any costs of delivery we charge you will be as displayed to you on our Site. If you buy your Service from a third party, that third party may charge delivery costs, and is responsible for advising you what those costs are.

a) When we will provide the Service you have ordered (if you order through us).During the order process we will let you know when we expect to provide any Services you order.

b) We are not responsible for delays or events outside our control. If our supply of paid Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will commercially reasonable take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any Services you have paid us for but not received. If you placed your order through a partner, you should contact our partner in the first instance.

c) Reasons we may suspend the supply of Services to you. We may have to suspend the supply of our Services to:

• i) deal with technical problems, to protect the security of our (or our agents), systems and infrastructure or make minor technical changes;
• ii) update our Services to reflect changes in relevant laws and regulatory requirements;
• iii) make changes as requested by you or notified by us to you.

d) Your rights if we suspend the supply of Services.

We will tell you in advance if we will be suspending supply of the Services, unless the problem is urgent or an emergency. We will do this by sending an email to the account registered on your account, or by posting a notice on our customer portal.

8. Refunds on Physical Kit Purchases (if placed directly with us, or on our Site. This section does not apply if you placed your order with one of our partners)

Your order becomes binding when we provide your confirmation email. Customers who are consumers resident in the United Kingdom or the European Union have the right to change their mind and cancel their purchase up to 14 days after the Kit has been delivered. We are unable to provide a refund after the 14 day period has expired. Providing they have not opened and/or activated their kit. You must notify us of your decision by a clear statement to us, preferably by email with details of your order before the expiry of the 14 day period.

Business customers or consumers resident outside of the United Kingdom or the European Union have no right to change their mind and cancel their purchase after the Kit has been shipped and no refund will be provided in such circumstances.

Customers will have no right to cancel an order and receive a refund if we have made available the Report via their Account dashboard within 14 days of the day after we have accepted their order or, in the case of subscription customers, the date of their recurring order.

We consider that we have completed our obligations to you upon shipment of the sample collection kit. After this point, it is your choice if you return the kit before it expires or not. Should you return your kit before the expiration date, you are assured we will test the sample and provide a report if the sample is viable for testing.

We will not issue refunds for testing kits that are already being processed in our lab or for which processing has already been completed. Once a sample has been sent to our lab and checked in, the full cost of the testing kit is non-refundable. We will confirm this to you when you request your refund.

Our accounts department will be notified to process your refund once you have given us notice of cancellation. Refunds will only be made to the card originally used for payment. Please note that refunds may take up to fourteen (14) banking days to appear on a card statement.

This will not include the additional cost of any premium delivery service charged to you at your request. We reserve the right to deduct reasonable amounts which we consider to be in proportion to the services which have been performed up until the point your communicate cancellation.

We will process the refund due to you as soon as possible and, in any case, within 28 working days of the day on which you gave us notice of cancellation.

Delays in testing do not entitle customers to a refund since scientific procedures may be delayed for a variety of reasons. Testing times vary between products and may vary depending on lab volume and biological sample quality. Expected result dates are predictions and not a guarantee of delivery. We will make every effort to ensure that results are delivered for every order, but we do not offer any assurances that we will be able to provide specific results as these are an estimation.

Once a sample has been received at our lab it can be stored for up to 21 days unactivated. If your sample is unactivated for more than 21 days after it arrives at the lab, it will be destroyed. We will replace a destroyed sample with a new kit, at the cost of the kit and shipping. You will have a choice between standard and premium shipping, the costs of which will be confirmed by the customer services team for you before you make your decision.

Service upgrades are non-refundable.

Please note that you must have internet access to view the results on our interactive website. Some items have downloadable components, but many are designed solely for online interaction. Results will not be mailed; they are intended to be viewed via your portal and we will not issue refunds for tests bought under the assumption that the results will be mailed.

We are unable to provide a refund once testing has started.

9. Refunds on sample failures

Any retests required must be completed within one year of the lab receiving your first sample. We offer up to 2 rounds of testing in the event of failure.

Failure 1

If your first kit fails you will have 2 choices. You can either

• Give the test another go. We will send you a new kit free of charge

• If you decide you do not wish to try again we can provide you with a refund less handling and shipping costs (50%)

Failure 2

If your second test fails, you will have 2 choices. You can either

• Pay a reduced fee for a test plus shipping.

• Do nothing and do not receive results

Further failures

After 3 rounds of testing, any further tests ordered will not be refunded should they fail.

10. Refunds on digital products - This applies to all digital upgrades of results

We are unable to provide a refund for any digital products purchased as we automatically and instantly start to run your data through our pipelines once the order has been placed.

11. How to end the contract with us (including if you are a consumer who has changed their mind) (this only applies if you placed your order directly with us/on our Site)

a) Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

• i) Phone or email. Call customer services on 0203 823 6002 or email us at help@livingdna.com.
• ii) Online. Complete the form on our Site. Follow the link: https://support.livingdna.com/...
• iii) By post. You can also write to us and provide details of what you ordered, when you ordered it and your name and address.

b) How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Services including delivery costs, by the method you used for payment. If you are a consumer exercising your right to change your mind, the maximum refund for delivery costs will be the cost of delivery using our standard, not express/enhanced delivery service.

c) When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind

12. Closing your account with Living DNA

You have the right to close your account with Living DNA at any time. Closing your account will not trigger any rights to compensation.

13. Our rights to end the contract

We may end the contract if you break it. We may end the contract to supply our Services, and may suspend or permanently close your account with us if you do not observe any of our key terms of service. Examples of where we may do this include if we believe that:

• i) you have not observed our Terms of Website Use or Acceptable Use Policy;
• ii) you have or plan to use our Services for a purpose which is not permitted;
• iii) you have attempted or plan to resell our Services;
• iv) it is not lawful for you to use our Services in the country where you attempt to do so;
• v) or where we consider this necessary in the interests of security, and to protect our interests or the interests of other customers

a) We will endeavor to provide you with advance notice of closing your account unless we believe that immediate closure is necessary to protect the integrity of our systems or other users.

b) You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.a) we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

c) Other circumstances where we may end the contract. We may also end or treat the contract as ended if:

• i) you do not, within a reasonable time of us asking for it, provide us with information that we reasonably specify is required in order to open your Living DNA account and activate your Service.
• ii) you do not provide the consents required to proceed with your Service when requested to do so.

d) We may withdraw Services. We may suspend or stop providing any Services. We will aim to let you know in advance of our stopping the supply of Services you. Where you have paid a fee for a Service which is being withdrawn, and have not received the Service before it is withdrawn, we will refund any sums you have paid in advance for that Service.

e) Rights and obligations continue after the contract ends. Rights or obligations which we or you have under this contract and which arose before it ended continue after it ends. Terms which generally, or which can be expected to continue after the contract ends will continue.

14. If there is a problem with our Services

How to tell us about problems. If you have any questions or complaints about our Services, please contact us. You can contact us using the contact information provided in these terms, or by following this link: https://support.livingdna.com/...

15. Your rights in respect of defective Services if you are a consumer

If you are a consumer we are under a legal duty to supply our Services in line with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

16. Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) If your digital content is faulty, you're entitled to a repair or a replacement.

b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back

c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation See also clause 7 c)

If your product is services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also clause 7.c)

17. Price and payment (These terms apply only if you order your Services directly through us/on our Site)

a) Where to find the price for our Services. The price for our Services (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 13.c) for what happens if we discover an error in the price of the product you order.

b) We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

c) What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel your order/end the contract and refund you any sums you have paid

d) When you must pay and how you must pay. For direct orders, we accept payment in the manner set out on our order page. Where payment is required, it must be made at the time that you place your order.

e) We may introduce new fees. We may introduce fees for Services for which we currently make no charge, such as for storing your genetic data, or for Family Matching. We would provide not less than 3 months notice if we introduce any new fees for Services which are currently provided free of charge. We would do this by sending an email to the address held on your Living DNA account.

18. Our responsibility for loss or damage suffered by you

a) We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill in providing our Services. To the extent permitted by law, the maximum amount we are responsible for is the amount paid for your service, or £50 if no amount was paid. We are not responsible for loss or damage which is not foreseeable, nor for loss or damage caused by an event which is outside of our reasonable control. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time that we accepted your order, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for any loss or damage which results from you using our Services other than for the purpose or purposes for which they are provided, norfrom any use you may make of your genetic data beyond accessing the Services we provide. Please also refer to Parts 2- 5 of these Terms.

b) We are not responsible for losses caused during trials. We cannot guarantee that any service or feature which is in development, or which is being trialled will be free from defects, and provided that we have made you aware of the preliminary, or trial nature of the service or feature, we will not be responsible for losses or damage if you choose to take part in the trial or test.

c) We are not responsible for losses which are caused by you. We are not responsible for any loss that results from any failure by you to meet your obligations under these terms, or for actions which you specifically choose. You specifically release us from any losses arising from you sharing any reports or information we provide to you on social media, and from granting any person any rights in respect of your account with us or in respect of your DNA or genetic data.

d) 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.

e) When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our instructions or to have in place the minimum system requirements advised by us.

f) We are not liable for business losses. We only supply the products for to you for domestic and private use. We do not accept any liability for losses arising if you use the products for any commercial, business or re-sale purpose.

19. Your responsibility/liability to us

a) If you fail to comply with these terms or if any of the promises/warranties you give in them are untrue, or if you do not keep any of the promises/assurances you give in these terms (each a ‘failure’), you are responsible for, and promise to reimburse us for our losses, costs and expenses, where these are a foreseeable result of your failure, but you are not responsible for any loss or damage that is not foreseeable. You are also not responsible to the extent that any loss is due to our negligence or our failure to meet our obligations to you.

b) You are responsible for your use of our Services, and for all consequences of doing so. You promise to indemnify us (and our directors, officers, agents or employees) if any claim is made against us as a result of you using our services, or failing to comply with these terms, including breaking your promises in Part 2, or from your sharing your genetic data or results with anyone. This indemnity does not apply to the extent that any claim or loss is due to our negligence or our failure to meet our obligations to you.

20. How we may use your personal information

a) How we will use your personal information. We will only use your personal information as set out in our privacy policy

b) Agreeing to our Privacy Statement is term of our contract. It is a term of your contract with us that you agree to our Privacy Statement, and consent to our processing of your information in the manner described in that Statement.

21. Other important terms

a) We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

b) You need our consent to transfer your rights to someone else You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. You may however buy a DNA testing kit and for another person, and these terms will become binding on the person who activates the DNA testing kit.

c) Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

d) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

e) Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

f) Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in the EU you can bring proceedings in the country in which you live.

22. Ownership of Intellectual Property

We use your genetic data to provide your test results/the reports that you have ordered. You authorise to use your genetic data in this way. That data remains your data and we make no claims in respect of it. We own or have licensed all intellectual property rights including copyright in content on our website, and any results or reports we provide to you other than rights to your specific genetic or other personal data you have provided to us. You may use and copy the results of reports we provide to you for your personal use only. Further information is provided in our Website Terms of Use.

Part 2: Additional terms that apply to all of our Services

1. Who May Use Our Service/Placing Orders from Overseas

a) You may only purchase or use our Services of you are an individual, and your use or purchase is for your personal domestic purposes. You may not use our commercial Services if you are an insurance company or a law enforcement agency.

b) You may only purchase or use our Services if you are at least 18 years old.

c) You may only submit a sample for testing, or upload your own genetic data, unless the mouth swab/genetic data:

• i) is from a child (see paragraph 1.c) below);
• ii) is from a deceased person (see paragraph 1.d) below);
  
• iii) from another person who is aware of these terms, and who has expressly authorised you to submit the sample for testing, and to provide all necessary consents on their behalf.

d) You may submit a sample for testing from, or upload the genetic data of a child who is under 18 to our site only if you are the legal custodian of the child, and are legally entitled in the jurisdiction from which you place your order/upload the data to take and submit that swab to us for DNA testing, or to upload that genetic data to us, as applicable.

e) We do not provide our Family Networks service in respect of children aged 18 or under even if we hold their genetic data.

f) You may submit a sample (or with our consent, other biological sample), from a deceased person, or upload the genetic data of a deceased person to our site, only if you are legally entitled to have that mouth swab/biological sample/genetic data (as applicable) and to submit It to us for testing/upload it to our site (as applicable).

g) If you submit a mouth swab/other biological sample from, or upload the genetic data of, a child who is under 18, we will allow the child to open an account (subject to providing us satisfactory proof of their identity), and to transfer that data from your account to their account once they reach 18 and provide us with satisfactory evidence of their age and identity. Their data will no longer be visible on your account unless they grant you privileges in respect of their account. If your child has not opened their own account by the time that they are 19, we may destroy their DNA sample, genetic data and any reports which we have provided using their genetic data. You authorise us to delete this data from your account in the circumstances described.

h) If you order Services from our Site which require delivery of items to international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.

Please note that we have no control over these charges and we cannot predict their amount.

i) You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

j) You must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable or responsible if you break any such law.

k) You may not place an order for Services, provide a DNA sample, upload your genetic data, or participate in Family Networks in any jurisdiction where it is not lawful for you to do so.

2. General

a) We provide our Services for ‘hobby’ or recreational purposes. They are not designed to provide proof of parentage or relationship, nor for medical diagnosis, and should not be used for such purposes.

b) We provide a range of Services and reports as described on our Site. We will provide the Service/report which you select when you place your order.

c) We will provide our Services, including delivery of test results and reports ordered through your Living DNA account. If you place your order through one of our partners, your Services will be provided as described at the time you place your order. Services for children will be provided through the account of the parent or guardian who arranges the test or upload.

d) We do not provide paper copies of any test results or reports, nor do we provide them by email; we do offer merchandise including an ancestry book for sale through our Site.

e) You may choose to permit another account holder to view your account including the genetic data which it may record and to exercise specified rights in respect of the information held on your account. You should be aware that some of the privileges which you can grant will enable that third party to share your information and to download your genetic data. Depending on what privileges you grant, the other account holder may be able to make decisions about your personal information, and able to share information as if they were you. You should think carefully before giving another person any access to or privileges over aspects of your account and to your sensitive personal information.

f) If you choose to grant privileges and access to your DNA and results to another account holder we will be entitled to act on the instructions of that account holder in accordance with the choice that you have made as if they were you, and without making any further enquiries. We are not responsible for the consequences of you choosing to permit another account holder to exercise rights over aspects of your account and over your data.

g) You may also choose to upload personal information from your account to social media sites, and/or to share that information with third parties. We are not responsible for any consequences of you choosing to share your information.

h) We accept no liability to any third party with whom you may share information derived from using our Services

i) The nature of our Services is likely to change over time. We may offer you further Services, and to take advantage of these further Services you may be required to agree to further terms and to pay additional charges. We also reserve the right to introduce a fee for Services for which we currently make no charge.

j) We provide our Services through your account with us. You require internet access and Google Chrome or Firefox browser to access your account and to view the content. Please contact us via email info@livingdna.com or phone if you have difficulty accessing your reports.

k) We may offer you the opportunity to use take part in trials of new services or new features or enhancements to our Services. We will ask you to provide specific consent to take part in any such trial. If there is a conflict between the terms on which any such trial is offered to you, and these terms, the terms on which the trial is offered will override these terms.

Part 3: Additional terms that apply to our Services for DNA Tests, uploading DNA data to, and accessing it through our platform, and to our ancestry Services.

Please also read Parts 1 and 2 of these Terms which apply to all of our Services.

1. IMPORTANT

Although we will make every effort to provide a reasonable level of accuracy, our DNA test results, and any reports should be viewed as a guide or indicative only. The accuracy and precision of the reports that we provide to you will in part be dependent on the pool of DNA data that we have available to compare your data with. Our DNA tests are offered to provide our Services. We are not responsible for any consequences of you using your genetic data for any other purpose. You confirm that you understand, and accept that you are solely responsible for any other use of your genetic data.

2. General

a) If you take a DNA test with us, we will store the DNA which is extracted from your sample. This will enable you to opt in to utilise services which require analysis of your DNA which may become available in the future. We do not charge a fee for this storage service, but we reserve the right to introduce a charge at a later date. No such fee will be charged for the 12 months after you receive your DNA test results, and in any event we will give you not less than 3 months notice in writing before introducing any charge for DNA storage. We will destroy your DNA on request at any time.

b) It is likely that, as further information becomes available over time, and as science further develops, we will be able to update and refine your ancestry results if you chose our ancestry report service. We will provide any updates through your Living DNA account, or as otherwise agreed with our business partner if you placed your order through one of our business partners. If you do not maintain an account with us, we will not update your results. There will be no additional charge for any updates to ancestry reports that we provide in the 12 months after you receive your initial ancestry report, but we reserve the right to charge fees if you choose to continue receiving updates after this date. This only applies where you open your account on or after 1 August 2018. We will provide you with advance notice if any such fees are to be introduced.

c) If you buy (or receive) a DNA test you must activate the kit (for yourself or for the person being tested) and send us your sample for testing within 12 months of the date of purchase. For sales made directly through us, this is the date on which we confirmed your order. For sales through one of our authorised sales partners, this is the date on which the partner confirms your order to you. We will not be obliged to carry out a DNA test, nor to provide a refund if a sample is not provided to us within this time.

d) If we are unable to carry out a sufficiently accurate DNA test because not enough DNA material has been provided in your sample, we shall provide you with a further DNA sampling kit and will carry out a test using the sample provided with that kit. If that second attempt is not successful, and if you ordered your Service directly through us, you will have a choice to either receive a refund, or for us to send you a third DNA sampling kit, and to try for a third time to extract sufficient DNA data to carry out your test. We will not make any additional charges for this third sampling kit and test, however if it is not successful you will not be entitled to a refund, and you will not be permitted to take any further DNA test through us. If you ordered your test through one of our partners, you should contact the partner to enquire about refunds. We only pay refunds where an order is placed directly through us.

3. Where you do not take a DNA test with us, but upload your genetic data to our Site:

a) The accuracy of our Services that we provide to you will also be dependent on the quality, accuracy, and completeness of the genetic information that you provide to us.

b) If we are unable to analyse your DNA and provide you with the Service you have selected in our usual format and to our usual minimum standard because you have either provided inadequate genetic information and/or have not provided that information in the format that we have specified, or have not provided the data that we specify, we willadvise you by email, and request that you provide further genetic information, or that you provide it in the required format. If we are still unable to provide the ancestry or trait report that you have selected after you have provided us with the information that we request, we will provide you with a refund provided that you ordered your Service directly through us. If you ordered your Service through one of our partners, you should contact them directly.

4. Your obligations when you take a DNA Test with us

a) You authorise us (on your behalf, or on behalf of the person whose sample you submit), to process the mouth swab/other biological sample (as applicable) you provide and to extract DNA from it, to use the DNA sample to derive genetic data and to provide any Services you may order, to store the DNA sample if sufficient genetic material remains, to use that genetic data to provide the Services you order from, and where you continue to maintain an account with us, to store and to continue to analyse the genetic data and to provide updated reports from time to time

b) You promise and warrant that you are an individual, are aged over 18, and that the mouth swab/other biological sample you provide will be:

• i) taken from yourself, or from another adult aged over 18 who has capacity to provide consent, and who has expressly consented to you providing his or her sample for testing, and to you acting on his or her behalf in relation to his or her DNA.
• ii) taken from your child under the age of 18 where the requirements of Paragraph 1.c) in Part 2 of these Terms are met; or
• iii) taken from a deceased person where the requirements of Paragraph 1.d) of Part 2 of these Terms are met.

5. You also promise and warrant that:

a) both you and any person whose DNA you submit for testing are not suffering from any mental disorder (within the meaning of the Mental Health Act 1983) and are capable of understanding the nature and purpose of the test.

b) that is lawful in the country in which you reside, or if different, in the country in which you place your order for our Services or from which you submit a DNA sample or access our Services, for you to take those steps. You are responsible for ensuring that you are legally entitled to submit a mouth swab (or other biological sample if relevant), for testing. If you are unsure whether you are legally entitled, we recommend that you take legal advice.

6. Your obligations when you upload genetic data to our Site

a) You promise to provide genetic data in the format specified on our Site, and to ensure that such information has not been altered after being provided to you by the company which carried out the DNA test.

b) You authorise us to analyse the genetic data you upload to our Site so as to provide you with any ancestry or trait report you order, and where you continue to maintain an account with us, to store and to continue to analyse any genetic data you upload, and to provide updated reports from time to time.

c) You promise and warrant that you are an individual, are aged over 18, and that the genetic data that you upload to our site will be:

• i) your genetic data
• ii) the genetic data of another adult aged over 18 who has expressly consented to you uploading his or her data, and to you acting in his or her behalf in relation to his or her DNA
• iii) the genetic data of your child under the age of 18 where the requirements Paragraph 1.c) of Part 2 of these Terms are met; or
• iv) the genetic data of a deceased person where the requirements of Paragraph.1.d) of Part 2 of these Terms are met.

7. You also promise that:

a) both you and any person whose genetic data you upload to our Site are not suffering from any mental disorder (within the meaning of the Mental Health Act 1983) and are capable of understanding the nature and purpose of any service you order form our Site.

b) That is lawful in the country in which you reside, or if different, in the country in which you upload genetic data or access our Services, for you to upload the genetic data, use our Services and enter into this contract. You are responsible for ensuring that you are legally entitled to upload genetic data to our Site and for it to be analysed in the manner required for any Services which you order. If you are unsure whether you are legally entitled, we recommend that you take legal advice.

Part 4: Additional terms that apply if you choose to use our Family Matching service.

Please also read Parts 1 and 2 of these Terms which apply to all of our Services.

1. If you participate in Family Networks you should view ‘matches’ as potential relatives only and any indications we provide of how closely or distantly related a ‘match’ may be, including where this is presented in the form of a family tree, as an estimate only. The reliability of the estimate will vary. This is, in part, due to the limitations of the process, but also because Living DNA is not able to verify the identity of any person who provides a sample for testing or who uploads their data. The availability and accuracy of non genetic data within our database, such as birth dates, will also impact on the accuracy of the potential family trees provided.

2. Possible family trees should never be viewed as definitive but, rather, as a tool to assist you to consider how potential matches may relate to you.

3. We offer no assurance that we will identify any matches for you, nor that we will be able to suggest any possible family trees for you. We will update your list of matches and family trees periodically as our database grows.

4. We will communicate with you by email, using the email address which you have provided to us as part of your account settings. We will send you emails advising you of some of your matches.

5. If you wish to contact one of your matches, or if they choose to contact you, you must first do so using our secure messaging platform; we will not provide you with personal contact details for any of your matches, nor will we provide your contact details to them. Using our secure messaging platform will allow for secure communication without needing to divulge contact details to any matches. It is your choice what information you later reveal to your matches

6. We will provide to your matches the information we describe in our Privacy Statement.

7. You should think carefully before making contact with any person who we have identified as sharing DNA with you and before sharing information. We recommend particular caution about sharing genetic data, because it is not possible to know now what the consequences of this will be in the future as science continues to develop. Information which may have no significance now may prove to be significant in time. We are not responsible for any consequences that flow from you making contact with other users of Family Networks, nor from you sharing your information

8. Your matches may live in or outside the EU, for example you may ‘match’ with someone who lives in Australia. Your matching information may, therefore, be passed outside of the EU (where we store your information), which means that your matches who live outside of the EU will (as with your EU based matches) be able to see your public information and will be told that you are a match. If your information is transferred outside the EU in this way, you will not have the benefit of the protections of regulatory regime in the EU. If you do not wish your information to be passed outside of the EU to your matches, you should not participate in Family Networks, as we are unable to prevent your data being shared with non EU residents.

9. Once your information has been provided to one of your matches, we cannot ensure deletion of that information as your match may have retained a copy of it other than on his or her Living DNA Account.

10. You should not view your list of matches nor any family trees that are provided through Family Networks as static. Our database of participants will change regularly with people joining and withdrawing from the service. When a participant withdraws from the service, we will remove their information from view of other participants, including from family trees that have been provided to users. We also reserve the right to delete messages passing between participants across any messaging service which we introduce.

Part 5: Additional Terms that apply if you choose our Wellbeing Service or order a trait report(s)

Please also read Parts 1 and 2 of these Terms which apply to all of our Services.

1. Our services are provided using DNA tests carried out for research, and NOT diagnostic purposes. You should not under any circumstances view our Wellness reports as definitive or diagnostic. If you have any concerns about your health you should consult a qualified medical practitioner.

2. DNA tests carried out for research purposes are generally designed to be accurate to greater than 99% but less than 100%. There is therefore a risk (albeit small), that any report we provide may not be accurate.

3. IMPORTANTLY, our services do not test your entire genome. To provide our reports we look at specific markers in your genetic code, and not at all markers. We look at the markers which scientists currently believe have most bearing on the report we are providing. It is possible that other markers may also have a bearing on the function we are reporting on.

4. Our services report on what specific genetic markers suggest; there are other factors which may also have a bearing on the function or trait we are reporting on.

5. Our reports should in no circumstances be viewed as absolute, or as determinative. Specifically, our reports do not consider lifestyle and environmental factors and how these may affect the particular function or trait.

6. Studies have shown that different variants can affect traits in different populations. Our recommendations are most valid for people whose ancestry matches the studies that they are based on, but this does mean that our recommendations may not be valid if your ancestry/ethnicity differs from those in the studies we have drawn upon. We hope that over time, as research (including our own), progresses, accuracy across ethnicities will be improved, but you should not rely on this.

7. Genetic science is constantly evolving. Our services are provided based on our current understanding, but this may change.

8. As our scientific understanding develops, we may update or change our reports. This may impact on the results already provided to you. We offer an update service if you order our Wellbeing Service, and will notify you of any changes to your results during the update period stated at the time that you place your order. We give no assurance that our updates will cover all relevant scientific developments.