(applicable to customers who buy a test/upload data or who opt in to for a new or further service on or after 12th July)
This page or document (together with the documents referred to on or in it) tells you important information about us and the legal terms and conditions (Terms) on which we provide Living DNA accounts and our DNA services. They apply if you buy a DNA test from us, upload genetic data to our site, and if you use our Services, even if you did not yourself make the purchase. Our Services are described on our website (our Site) and include our:
We may add further services over time.
You will need to agree to additional terms before you are able to participate in Family Networks, when available.
You should read these terms as they contain important information, and retain a copy for future reference.
Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at the time, as they may have changed.
These Terms, and any contract between us, are only in the English language.
1.1 We operate the website http://www.livingdna.com. We are Living DNA Limited, a company registered in England and Wales under company number 10221519 and with our registered office at K10 The Courtyard, Jenson Avenue, Commerce Park, Frome, Somerset, United Kingdom, BA11 2FG. We are also referred to as 'Living DNA' in these terms.
1.2 To contact us, please see our Contact Us page https://www.livingdna.com/contact-us.
General Terms that apply to DNA Tests and Ancestry Reports
2.1 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.
2. 2 Although we will make every effort to provide a reasonable level of accuracy, given the nature of DNA tests carried out for ancestry research purposes, our test results and reports should be viewed as a guide only to your ancestry. Their accuracy and precision of the reports that we provide to you will also be dependent on the pool of DNA data that we have available to compare your data with.
2.3 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 Ancestry Report, 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.
2.4 We provide a range of ancestry reports, including our family line ancestry report, father line report and mother line report (which we have called �Ancestry Reports' in these terms) . We will provide the report which you select, or are offered at the time you order your DNA test, or upload your data, or at a later date by ordering additional services from our Site.
2.5 If you take a DNA test with us, or upload your genetic data to our Site you must set up an individual account with us. We will provide your Ancestry Reports and any updates through your account with Living DNA. Ancestry Reports and updates for children will be provided through the account of the parent or guardian who arranges the test or upload until that child reaches 18.
2.6 It is likely as further information becomes available over time, and as science further develops, that we will be able to update and refine your Ancestry Report(s) if you continue to maintain an account with us. There will be no additional charge for any updates that we provide in the 12 months after you receive your 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 fee are to be introduced.
2.7 If you are having a DNA test with us you must set up your account and send us your sample for testing within 12 months of your contract becoming binding, which depends on the date on which the service was ordered and paid for. This applies even if the test was given to you as a gift. Clauses 6.3 and 6.4 explain when the contract becomes binding. We will not be obliged to carry out your DNA test if you do not provide your sample within this time, and you will not be entitled to a refund.
2.8 If the sampling kit we provide to you is defective or has been tampered with upon delivery, please contact us and we will arrange for a replacement kit to be sent to you.
2.9 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 shall try to conduct an accurate test using DNA material provided by you using that replacement sampling kit. If that second attempt is not successful, you will have a choice to either receive a refund of the amount paid for the Service, 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.
2.10 Where you upload your genetic data to our Site, the accuracy of the Ancestry Report that we provide to you will also be dependent on the quality, accuracy, and completeness of the genetic information that you provide to us.
2.11 Where you upload your data to our Site, if we are unable to analyse your DNA and provide you with an Ancestry Report 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 will advise 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 Report that you have selected after you have provided us with the information that we request, we will provide you with a refund.
Terms That Apply to all Customers and Services
2.12 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 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. If you choose to grant privileges to another account holder, which you can do by exercising the choice [ refer to section of website and to the words used], we will act on your instruction and will grant access to the other 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.
2.13 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.
2.14 Any samples, drawings, descriptive matter, advertising or illustrations on our Site are for the sole purpose of giving an approximate idea of the Services. They shall not form part of any contract between us or have any contractual force.
2.15 We will use all reasonable endeavours to meet any performance dates specified for Services for which we charge a fee, but any such dates shall be estimates only and time shall not be of the essence for the performance of Services.
2.16 The nature of the Services which we provide 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, such as for storing the DNA sample that is extracted from your mouth swab or other biological sample.
2.17 We warrant that our Services will be provided using reasonable care and skill having regard to the nature of the Services and the circumstances in which they are offered, including whether or not a fee is charged for the Service. We do not warrant the performance of any Service or feature which is in development, or which is being trialled, provided that we have made you aware of the preliminary, or trial nature of the Service or feature, and you have specifically opted to use it.
2.18 All services shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Service you have ordered is not available.
2.19 We provide our Services through your account with us. You will need an internet address and the latest Google Chrome or Firefox browser to access your account and to view the content. Please contact us via email firstname.lastname@example.org or phone if you have difficulty accessing your reports. Alternatively, for an additional fee (details of which are set out on our Site) we will send a copy of your Ancestry Report in book format by mail.
2.20 Our Services are provided for the sole use of the account holder to whom they are provided, or in the case of services provided for a minor under the age of 18, for the parent or guardian who places the order for Services, and for the child. A minor may choose to set up an account in their own name when they reach age 18. We will at that point, and subject to receipt of proof of identity which we, acting reasonably, determine to be adequate, permit the minor to transfer their data and Ancestry Reports to their own account.
2.21 We accept no liability to any third party with whom you may share information derived from using our Services
2.22 If our performance of any of our obligations under the contract between us is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Your Default) we shall have the right to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of any of our obligations to the extent that Your Default prevents or delays our performance of any of our obligations.
2.23 We have the right to make any changes to our Services where necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services. We will notify you if we do make any such material changes.
2.24 We may withdraw the provision of any Service on a temporary or permanent basis at our sole discretion and at any time but this shall not limit our obligation to fulfil orders which we have accepted. We also reserve the right to close any account which you have with Living DNA and to cease providing Family Networks to you and shall not be obliged to provide a reason for this. If you have placed an order with us, we will only do this after we have delivered any report which you have ordered and for which a fee has been charged, and have given you access to your report(s) through your account for a period of not less than 12 months. We will provide you with advance notice of closure by email wherever this is practicable. We also reserve the right to close your account or to temporarily restrict your access to it if you fail to comply with our Website Terms or Website Acceptable Use Policy, or where we consider this necessary in the interests of security, and to protect our interests or the interest of other customers.
2.25 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.
Your obligations when you take a DNA Test with us
3.1 You undertake, promise, warrant and agree as follow:
a) To carefully follow all instructions provided with our DNA sampling kit when taking samples for the purpose of your DNA test, and to provide sufficient DNA material to allow testing to be accurately carried out. b) Not to use the results of our DNA ancestry test that we provide to you for any purpose other than for ancestry research, and specifically, not to take any medical decisions based on the information provided. c) That by accepting these Terms you authorise us to process the mouth swab/other biological sample (as applicable) you provide to extract your DNA sample/ your child's DNA sample/ the DNA of the deceased person as applicable, to use use the DNA sample to derive your genetic data/that of your child/that of the deceased person, to store the DNA sample if sufficient genetic material remains, to use that genetic data to provide the Ancestry Reports you have ordered, 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 d) 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 ii) taken from your child under the age of 18 where the requirements of paragraph 8.3 are met; or iii) a taken from a deceased person where the requirements of paragraph 8.4 are met. 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. e) That you 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.
Your obligations whenever you upload genetic data to our Site
3.2 You undertake, promise, warrant and agree as follows:
a) To provide your 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 your DNA test. b) That you are an individual 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 a child where the requirements of paragraph 8.3 below are met; iii) the genetic data taken from a deceased person where the requirements of paragraph You are responsible for ensuring that you are legally entitled to have and to upload the genetic that you upload. If you are unsure whether you are legally entitled, we recommend that you take legal advice. c) That you are not suffering from any mental disorder (within the meaning of the Mental Health Act 1983) and are capable of understanding the nature of the Service selected. d) That by accepting these Terms you authorise us to analyse the genetic data you upload to our Site so as to provide you with the Ancestry Report you have ordered, and where you continue to maintain an account with us, to store and to continue to analyse your genetic data and to provide updated reports from time to time.
General Obligations applicable to all Services
3.3 You undertake, agree and promise as follows:
a) To provide us with such information, samples (if applicable), and materials as we may reasonably require in order to supply our Services, and to ensure that such information is accurate in all material respects. b) To be bound by and to comply with our Website Terms and Conditions and Website Acceptable Use Policy as from time to time in force. Our Website Terms and Conditions and Website Acceptable Use Policy appear on our Site. If we update our Website Terms and Conditions or our Website Acceptable Use Policy we will notify you of the changes when you log into your Living DNA account. c) That is lawful in the country in which you reside, or if different, in the country in which you take any steps relating to our Services, for you to use our Services and to take steps which you take including if relevant submitting the mouth swab/other biological sample or genetic data to us, entering into this contract and providing the promises and undertakings which it contains, and if applicable for us to provide to you your test results/reports of our analysis and any of our Services which you have chosen to receive.
If you choose our DNA testing service
4.1 After you place an order through our Site, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.2.
4.2 If ordering through our Site, we will confirm acceptance to you by sending you an e-mail that confirms that the Living DNA ancestry sampling kit(s) have been dispatched (Dispatch Confirmation). The Contract between us will only be formed and become binding when we send you the Dispatch Confirmation.
4.3 If you place your order by phone or directly with a member of our team, we will send you an email confirming the details of your order, together with these terms and other important information about your contract. Your order becomes binding when we provide your confirmation email. You should receive this within a week of placing your order.
4.4 You may cancel your order prior to your contract becoming binding. To cancel your order: if you ordered a DNA test, please return your Living DNA sampling kit to us unopened and in saleable condition and we will refund the full amount that was paid for the Service, minus any additional postage costs (i.e. the amount in excess of our standard delivery costs) if your sampling kit was, at your election, delivered using a premium delivery service
If you order an Ancestry Report
4.5 If you upload your genetic data to our Site, and place an order for and Ancestry Report, you will receive a confirmation email. Your order will become binding when we send that email.
If you open an account with us
4.6 A contract between us will also become binding when you open an account with us and accept these terms, including where your Sampling Kit, or rights to a DNA Test or Ancestry Report were gifted to you by a third party.
5.1 We may revise these Terms as they apply to an order which you have placed with us and prior to our delivering your Ancestry Report in the following circumstances:
5.1.1 changes in how we accept payment from you; and
5.1.2 changes in relevant laws and regulatory requirements
5.1.3 changes that are not expected to have a materially adverse effect on the provision of Services
5.2 We may also revise our Terms generally at our discretion, and every time you order Services from us, the Terms in force at that time will apply to the contract between you and us. If material the changes will only apply to you after we have delivered any paid Service.
5.3 Whenever we revise these Terms in accordance with this clause 5, we will keep you informed and give you notice of this by stating that these Terms have been amended and by stating the date of the change at the top of them. Where the changes are material we will notify you by notice on your account, or by email. We will endeavour to give you prior notice of material changes.
6.1 If your contract is for a DNA test, you have the right to cancel your contract as described in this Section 6. If you upload your genetic data to our Site and order an Ancestry Report, you will not have the right to cancel your contract.
6.2 If you have a right to cancel as described in 6.1 above, it lasts for 14 days and starts on the date on which your contract becomes binding. Clauses 4.3 and 4.4 explain when your contract becomes binding.
6.3 This right to cancel and to receive a full refund of the amount paid for your Services does not apply if you expressly ask us to start your DNA test or to provide your Ancestry Report before the 14 day cancellation period has elapsed.
6.4 To cancel a Contract, please contact our Customer Services telephone line or e-mail us at email@example.com. You may also use the cancellation form on our Site. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
6.5 You will receive a full refund of the price you paid for the Services. This will not include the additional cost of any premium delivery service charged to you at your request. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation.
6.6 We will refund you on the credit card or debit card used by you to pay.
6.7 If a sampling kit was delivered or handed to you, you must return the testing kit to us within 14 days of cancelling the Contract. You will be responsible for meeting the cost of returning the sampling kit.
6.8 Details of your legal right to cancel and an explanation of how to exercise it are also provided in the Dispatch Confirmation.
6.9 As a consumer, you will always have legal rights in relation to goods and services that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 7 or these Terms. Advice about your legal rights is available from you local Citizens' Advice Bureau or Trading Standards office.
6.10 You may also close your account with us at any time.
7.1 Where you place an order for a DNA test online, your DNA sampling kit will generally be delivered within 7 working days if being delivered to the EU, including the UK or the USA, and approximately 20 working days if delivery elsewhere. This is unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
7.2 Delivery will be complete when we deliver the product to the address you gave us.
7.3 If no one is available at your address to take delivery, the delivery company will leave you a note, in which case please contact them to arrange re-delivery or to collect the item from the local depot.
7.4 If you elected to have a DNA test through us your DNA test results will generally be made available to you through your account with us within 8-10 weeks, or where you have requested and paid for a personalised book, your book will be mailed to you within a further 4-6 weeks unless there is an Event Outside Our Control.
7.5 If you upload your genetic data to our Site and order an Ancestry Report, your report should generally be available within 7 business days of you providing your genetic data to us, unless there is an Event Outside Our Control. We will advise you at the time that you place your order if we are aware that there will be a delay in delivering your Ancestry Report.
7.6 If we are unable to meet an estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
8.1 You may only purchase or use our Services if you are at least 18 years old.
8.2 Other than as set out in the following two paragraphs which are numbered 8.3 and 8.4, you may only submit your own mouth swab to use for testing, or upload your own genetic data to our site.
8.3 You may submit a mouth swab (or with our consent, other biological 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 placed your order/uploaded the data to take and submit that swab to us for DNA testing, or to upload that genetic data to us, as applicable. We do not provide our Family Networks service in respect of children aged 18 or under even if we hold their genetic data.
8.4 You may submit a mouth swab (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).
8.5 If you submit a mouth swab/other biological sample from, or upload the genetic data of, child who is under 18, we will allow the child to open an account, 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 will destroy their DNA sample, genetic data and Ancestry Reports.
8.6 If you order Services from our Site and items require delivery to one of the International Delivery Destinations, 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.
8.7 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.
8.8 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.
8.9 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.
9.1 The prices of the Services (if any) will be as quoted on our Site from time to time. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system. We may discover an error in the price of Service(s) you ordered. Please see clause 11.4 for what happens in this event.
9.2 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation. We also reserve the right to introduce a fee for Services for which we currently make no charge, such as for storing the DNA that is extracted from a mouth swab/biological sample.
9.3 The price of a Service (if any) includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
9.4 It is always possible that, despite our best efforts, some of the Services on our Site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you of the error and we will give you the option of continuing to purchase the Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
10.1 Payment for the Services (where a charge is made) is in advance.
10.2 You can only pay for Services using a debit card or a credit care, via PayPal or via bank transfer to our bank account:
Living DNA Ltd
HSBC Banks, 24 Marketplace, Frome, BA11 1AJ
Sort Code: 40-21-19
Account Number: 31657410
IBAN-GB84 MIDL 40211931657410
11.1 We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it were contemplated by you and us at the time we entered into the contract.
11.2 We only supply the Services to consumers for domestic and private use. You agree not to use the Service for any commercial, business of resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
11.3.1 death or personal injury caused by our negligence; 11.3.2 fraud or fraudulent misrepresentation; 11.3.3 any right you may have under the Consumer Rights Act 2015
11.4 You have legal rights in relation to Services. Advice about your legal rights is available from you local Citizen's Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
12.1 You agree to indemnify us and our directors, officers, affiliates, employees and agents from and against any and all claims, losses, liabilities, costs, damages and expenses, which are called 'losses' or a 'loss' in this clause 12, including but not limited to reasonable legal fees, arising from:
12.1.1 your use of our Services, save to the extent that the loss arises directly from our failure to meet our obligations under these Terms;
12.1.2 any failure by you to comply with these Terms or our Website Terms;
12.1.3 any inaccurate statement or representation made by you to us including those made as part of these Terms or when you set up your Living DNA account;
12.1.4 any breach or alleged breach by you or any third party int
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