Terms and Conditions

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 to you our Living DNA ancestry tests (Testing Services) and related services such as storage of your DNA sample and on - going access to your Living DNA ancestry test results (Related Services) each as described on our website (our site).

These Terms will apply to any contract between us for the provision of Services and Related Services to you (Contract).

Please read these Terms carefully and make sure that you understand them before ordering any Services from our site, in person or by telephone, and before setting up a Living DNA account with us.

If you place an order directly with one of with one of our team members, or by phone, you will be asked to confirm that you accept these Terms.

If you are placing an online order, please click on the button marked "I Accept" prior to placing an order if you accept these Terms.

If you refuse to accept these Terms, you will not be able to order any Services from our site and you will not be able to set up an Living DNA account with us.

You should retain a copy of these Terms for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time, as they may have changed.

These Terms, and any Contract between us, are only in the English language.

  1. Information about us
    1. We operate the website 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.
    2. We provide human DNA testing for ancestry research purposes and related services.
    3. To contact us, please see our Contact Us page https://www.livingdna.com/contact.
  2. Our Services
    1. Although we will make every effort to be as accurate as possible, given the nature of a DNA test carried out for ancestry research purposes, there is margin for error, and your results should be viewed as a guide only to your ancestry. It is likely as further information becomes available over time, and as science further develops that we will update and refine your test results if you continue to maintain an account with us.
    2. The Living DNA test is made available to you for the purpose of researching and understanding ancestry and not for any other purpose.  More specifically, you should not attempt to use the results for any medical purpose including that of medical diagnoses. The types of test used for medical diagnoses are very different and more precise than the tests we use for ancestry research purposes.  The type of test that we use has been developed for research purposes, and not for clinical diagnoses, nor to determine parentage.
    3. It is important that you read and understand our document ‘Considerations of Testing as this explains the nature of the test that we perform, the variability of the results and important factors to consider before deciding to have a DNA test. It is important to us that you fully understand the decision that you are taking to have your DNA tested, and also the nature of the testing that we do.
    4. The information derived from the Services is for your sole use only. We accept no liability to any third party or to you resulting from distribution to any third party, or from use by you of the results of our Living DNA ancestry test for any purpose other than researching your ancestry.
    5. 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 the Contract or have any contractual force.
    6. We will use all reasonable endeavors to meet any performance dates specified but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
    7. You must send us your sample for testing within 6 months of your contract becoming binding. Clauses 6.3 and 6.4 explain when your 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.
    8. We are required under the terms of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that the sampling kit and that we provide to you conforms to the terms of our Contract. If your sampling kit is defective or has been tampered with upon delivery, please contact us and we will arrange for a replacement sampling kit to be sent to you.
    9. We have the right to make any changes to the Services and Related Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services and Related Services, and we will notify you in any such event. We may also withdraw the provision of any Service or Related Service, or all Related Services on a temporary or permanent basis at our sole discretion and at any time.
    10. The nature of the Related 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.
    11. We warrant that the Services and Related Services will be provided using reasonable care and skill.
    12. All Services and Related 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 and we will not process your order if made.
    13. We will make the results of your Living DNA ancestry test available through your account with us. You will need internet access and the latest Google Chrome, Firefox or Safari browser to view your results. Please contact us via email info@livingdna.com or phone if you have difficulty accessing your results. Alternatively, for an additional fee (details of which are as set out on our site) we will send a written report of your test results to you by mail.
  3. Your obligations
    1. You undertake, promise and agree as follows:
      1. To co-operate with us in all matters relating to the Services;
      2. To provide us with such information, samples and materials as we may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects; and
      3. To keep and maintain all materials, equipment, such as our DNA sampling kit documents and other property of ours (Our Materials) in safe custody and in good condition until returned to us and not dispose of or use Our Materials other than in accordance with our instructions.
      4. To carefully follow all instructions provided with your DNA sampling kit when taking samples for the purpose of your Living DNA ancestry test, and so provide sufficient DNA material to allow testing to be accurately carried out.
      5. Not to use the results of any Living 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.
      6. That you are an individual, are aged over 18, and that the sample you provide will be your own sample, or the sample of a child in respect of whom you have legal entitlement to take a sample and to submit it for testing.
      7. That is lawful in the country in which you reside, or if different,  in the country in which you are located when you take your sample, or access your results, for you to take and submit the sample to us for testing, and to enter into this Contract and to provide the promises and undertakings which it contains, and for us to provide test results and any Related Services to you.
      8. That by accepting the Terms you authorise us to conduct a DNA test on the sample that you have provided to us, and to provide the test results to you.
      9. To keep your password for your account with us secure, and to immediately inform us if your password should become compromised, or of any other breach of the security of your account, and to exit from your account after each session.
      10. To maintain an accurate an up to date email address on our site at all times.
      11. To observe all security arrangements for our site as are brought to your attention and not to or to override, nor endeavor to override any security on our site. 
      12. To only use our site and the information on it for the purposes of researching your ancestry, or for other uses that we have specifically otherwise authorized, and in a way that complies with all applicable laws, and without infringing any third party intellectual property rights.
    2. If our performance of any of our obligations under the Contract 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 our obligations to the extent that Your Default prevents or delays our performance of any of our obligations.
    3. If we are unable to carry out a sufficiently accurate DNA test because insufficient 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 we are unable to conduct a sufficiently accurate test using the DNA material provided with the replacement sampling kit, no further action need be taken by us, and no refund will be provided to you. 
    4. You warrant that:
      1. you are legally entitled to possession of the samples you provide to us, and that you are legally entitled to provide the samples to us for testing. We recommend you seek independent legal advice about your entitlement to take or obtain samples of biological material from persons other than yourself;
      2. you are not suffering from mental disorder (within the meaning of the Mental Health Act 1983) and are capable of understanding the nature and purpose of the test.
  4. Use of our site
    1. Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you. We may change or Terms of website use at any time.
    2. All content on our site is owned by or licensed to us, and may be used by you in accordance with these Terms.
    3. You must observe any instructions given on our site, and not attempt to access any information on our site which is not intended to be viewed by you, for example, you must not attempt to access any other customer’s information. You must not attempt to interfere with the operation of our site.
    4. We may cancel or suspend your account with us if we reasonably suspect that you have or will use  your account and/or our site other than in compliance with our Website Terms or these Terms.
  5. How we use your personal information
    1. In providing the Services and Related Services we will hold sensitive data about you, such as information about your ethnicity. We will also hold your genetic information, which if further processed, can reveal a lot about you.  For example, it could potentially reveal whether you may have an elevated risk of developing or passing on certain medical conditions. Please refer to ‘Considerations of Testing’ for more information about the consequences of having a DNA test. If you wish to have a Living DNA ancestry test, you must consent to us collecting and storing this sensitive information about you.
    2. We shall not transfer your personal information outside the European Economic Area without your written consent.
    3.  The privacy of your personal information is very important to us, and we therefore recommend that you read our Privacy Statement, if ordering online before accepting these Terms.
    4. Our Privacy Statement also provides information about how we will retain your DNA sample, and our approach to destroying your sample and the results of your DNA test.
    5. You have legal rights in relation to Services. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
  6. How the contract is formed between you and us
    1. When using our site, our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
    2. 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 6.3.
    3. If ordering through our site, we will confirm our 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. 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 becomes binding when we provide your confirmation email .You should receive this within a week of placing your order.
    5. You may cancel your order prior to your contract becoming binding. To cancel your order 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. This right to cancel is in addition to your cancellation rights described in clause 8.
    6. If we are unable to supply you with a Service, we will inform you of this by e-mail . If you have already paid for the Services, we will refund you the full amount as soon as possible.
  7. Our Right to Vary These Terms
    1. We may revise these Terms as they apply to the Services and Related Services in the following circumstances:
      1. changes in how we accept payment from you; and
      2. changes in relevant laws and regulatory requirements.
      3. changes that are not expected to have a materially adverse effect on the provision of Services or Related Services.
    2. Additionally, we may revise these Terms generally at our discretion as they apply to Related Services by providing you with not less than 28 days prior notice in writing.
    3. We may 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.
    4. Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of them.
  8. Your consumer right of return and refund
    1. You have a legal right to cancel a Contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.2. This means that during the relevant period if you decide that you do not want to proceed, you can notify us of your decision to cancel the Contract and receive a refund. You are not obliged to inform us of the reason why you do not wish to proceed. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
    2. Your legal right to cancel a Contract lasts for 14 days and starts on the date on which your contract becomes binding. Clauses 6.3 and 6.4 explain when your contract becomes binding.
    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 test before the 14 day cancellation period has elapsed.
    4. To cancel a Contract, please contact our Customer Services telephone line or e-mail us at info@livingdna.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.
    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. We refund you on the credit card or debit card used by you to pay.
    7. If the sampling kit was delivered or handed to 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.
    8. Details of your legal right to cancel and an explanation of how to exercise it are also provided in the Dispatch Confirmation.
    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 your local Citizens' Advice Bureau or Trading Standards office.
  9. Delivery
    1. Where you are placing your order online or by phone, your DNA sampling kit will generally be delivered within 7 working days if being delivered to the UK, and approximately 20 working days if delivery is not within the UK. 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.
    2. Delivery will be completed when we deliver the product to the address you gave us.
    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.
    4. Your test results will generally be made available to you though your account with us within 12-14 weeks, or where you have requested and paid for this service, they will be mailed to you within a further 4 weeks 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.
  10. Who May Use Our Services
    1. You may only purchase our Services and use our Related Services if you are at least 18 years old. You may only submit your own sample for testing, unless the sample is from a child, and the requirements of clause 10.2 are met.
    2. You may only submit a DNA sample for testing on behalf of a child who is under 18 if you are the legal custodian of the child and are legally entitled in the jurisdiction from which you placed your order to take and submit that sample to us for DNA testing.
    3. If you submit a sample for testing for a child you will not be permitted to down load the ‘raw’ results of our DNA test,  i.e. to access any genetic information, but will receive a report on ancestry in the usual way.
    4. We will destroy the results of any person who is less than 18 when the order for their test is placed. We will do this within 12 months of their 18th birthday (as that date is recorded on our systems), unless that person provides, to our satisfaction, proof of their identification and agrees to be bound by whatever terms we have in force at that time for accessing genetic information. We will then provide to that person any of their genetic information which we hold.
    5. 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. 
    6. 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.
    7. 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. You may not place an order for Services, provide a sample, nor use Related Services in any jurisdiction where it is not lawful for you to do so.
  11. Price of Services and delivery charges
    1. The prices of the Services will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Services are correct at the time when the relevant information was entered onto the system. However we discover an error in the price of Service(s) you ordered. Please see clause 11.4 for what happens in this event.
    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.
    3. The price of a Service 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.
    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 to inform you of this 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.
  12. How to pay
    1. Payment for the Services is in advance.
    2. You can only pay for Services using a debit card or credit card, via PayPal or via bank transfer to our bank account.
  13. Our liability
    1. If we fail to comply with these Terms, 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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    2. We only supply the Services to consumers for domestic and private use. You agree not to use the Service for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. We do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any right you may have under the Consumer Rights Act 2015
  14. Your indemnity to us and others
    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 14, including but not limited to reasonable legal fees, arising from:
      1. your use of our Services or Related Services, save to the extent that the loss arises directly from our failure to meet our obligations under these Terms;
      2. any failure by you to comply with these Terms or our Website Terms;
      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;
      4. any breach or alleged breach by you of any third party intellectual property rights.
    2. Your obligations under this clause shall continue beyond the date on which these Terms or any Contract between us terminates.
  15. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2
    2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation: strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. If an Event Outside Our Control takes place that affects the performance of our obligation to provide a Service:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  16. Communications between us
    1. When we refer, in these Terms, to "in writing", this will include e-mail.
    2. To cancel a Contract in accordance with your legal right to do so as set out in clause 8, please contact our Customer Services telephone line or e-mail us at info@livingdna.com. 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 or by post, 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.
    3. If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by post to Living DNA Ltd at K10 The Courtyard, Jenson Avenue, Commerce Park, Frome, BA11 2FG or via e-mail at info@livingdna.com. You can always contact us using our Customer Services telephone line.
    4. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
  17. Other important terms
    1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    6. These Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
  18. Terminating this Contract
    1. You may stop using our Services or Related Services at any time, and need not provide notice to us.
    2. You may terminate your Contract with us and close your Living DNA ancestry account any time by providing written notice to us. You may, but are not required to use the form on our website to provide this notice to us.
    3. We may terminate our Contract with you and close your Living DNA Ancestry account at any time once we have provided the results of any Living DNA ancestry test which we are obliged to provide under these Terms and have given you the opportunity to access those results. We will provide notice of termination to you in writing. We shall not be obliged to provide any reason for termination.
    4. If you or we terminate the Contract between us and close your Living DNA Ancestry account you will no longer be able to access Related Services.
    5. Where you or we terminate the Contract between us, we will take the steps outlined in our Privacy Policy to destroy your DNA sample and your test results from our records. You should read our Privacy Policy for further details.