Terms and Conditions for Use of this Site
Please read these terms and conditions carefully. They contain important information about your rights and obligations.
a) The “Company” shall mean DDC UK.
b) “Conditions” shall mean these conditions of sale.
c) The “Contract” shall mean any legally binding contract for the supply of the Services by the Company to you.
d) The “Request Form” shall mean the information request form relating to the Service and as provided by the Company via its website at http://www.dnacentre.co.uk.
e) The “Service” shall mean human identity testing and, without limitation, related services including the results thereof.
f) The “Site” shall mean http://www.dnacentre.co.uk.
g) “You” shall mean the person ordering the Service subject to these terms and conditions.
2. Conditions of Sale
a) These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions, including any terms and conditions which you may purport to apply under any purchase order confirmation or Request Form or similar document.
b) All sales made by the Company are made on these Conditions. No variation of these Conditions will be binding on the Company unless confirmed in writing by a director of the Company. The Company may, from time to time, alter these Conditions at its discretion. Any changes will be posted on the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
c) You are responsible for deciding on the suitability of the Service offered for any particular purpose and for the consequences arising.
d) The subject matter of the Contract shall remain confidential and shall not be disclosed nor used for any unauthorised purpose. Subject to the provisions of the Data Protection Act 1998, the existence of the Contract may be divulged by the Company for bona fide marketing purposes unless otherwise agreed with you. The Company will not disclose to third parties other than as required by a court of law or other competent authority any proprietary data and other information concerning the samples to be processed or results obtained under the Service without your prior written consent.
e) These terms and conditions do not affect your statutory rights as a consumer.
3. Prices, Payment, and Delivery
a) The charges payable by you to the Company for the Service are those set out in the current relevant price list(s) supplied by the Company to you as published on the Site or as quoted in writing by the Company to you.
b) The Company reserves the right to vary the prices for the Service between the date of the Contract and the performance of the Service in the event of and to the extent of any increase in the cost of labour or materials or any delay howsoever caused by any other variation in the costs to the Company of providing the Service. The Company shall notify you of any changes to the advertised price, and you will have a right to proceed with or cancel the order within seven (7) days of the notification.
c) The Company’s acceptance of your order brings into existence a legally binding contract between you and the Company. The Company reserves the right not to supply you at its discretion.
d) You undertake that all details you provide the Company for the purpose of purchasing the Service are correct, that the credit or debit card you use is your own, and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your credit or debit card details before providing you with the Service.
4. Cancellation/Termination and Charges Arising
a) You have three (3) working days (excluding Saturday, Sunday, and UK Bank Holidays) from the date on which the Company accepts your order (pursuant to clause 3c), to cancel the Contract without cause or penalty, upon serving a written notice of cancellation upon the Company.
b) If you cancel the Contract under this provision, the purchase price will be returned to you as soon as practicably possible, and in any event within thirty (30) days of the Company’s receipt of your notice of cancellation.
c) The Company reserves the right to cancel the Contract if the Services were listed at an incorrect price due to a typographical error.
d) Any dates quoted by the Company to you for the provision of the Services are approximate and do not have any contractual effect, and shall not be treated as being of the essence of the Contract.
e) The Company will not be liable to you for any loss or damage, direct or indirect, caused or occasioned by any delay howsoever arising from the performance of the Service.
f) The Company shall be entitled to destroy all samples received from you or derived from these samples together with any associated results or other documentation after three (3) months and twenty-four (24) months respectively from the date of transmission.
g) The sample DNA derived from the donor’s sample or any data derived therefore will not be released to any third party other than in accordance with the Data Protection Act 1998. The Company will retain the DNA sample for three (3) months.
h) The Company will use reasonable endeavours to ensure that the result of the analysis of biological samples provided to us by you is correct but subject to a margin of error of 0.01%. No further representation, warranty, or undertaking is given or made in relation to the result of analysis. This does not affect your statutory rights as a consumer.
i) The information contained in the analysis is solely for your use.
j) In the unlikely event that the result of analysis is found to be in error, the Company shall perform a further analysis for you free of charge or return your payment at our sole discretion.
k) The Company shall not be liable for any loss or damage suffered by you or any other person as a result of the provision to you of a result of analysis.
l) If you wish to use the result of our analysis in any court proceedings, we recommend that you obtain independent legal advice.
m) You warrant that you are legally entitled to possession of the samples you have provided to the Company. You agree to indemnify the Company against all costs, claims, expenses, and any loss or damage that the Company may suffer as a result of you providing the Company with samples that have not been legally obtained. The Company strongly advises that you obtain independent legal advice about your legal entitlement to take or obtain samples of biological material from persons other than yourself. You warrant that you are not a person suffering from mental disorder (within the meaning of the Mental Health Act 1983) and are therefore incapable of understanding the nature and purpose of the test. The Company makes no representation that you are legally entitled to perform any particular act in order to obtain biological samples for analysis.
5. Warranty of Performance
a) The Company shall exercise all reasonable skill and care in the performance of the Service but does not represent, guarantee, or warrant that any particular result (whether expressly specified by you or not) will be achieved or reproduced. Except in the case of death or personal injury, the Company’s total liability to you—whether for negligence, breach of contract, or otherwise—shall in no circumstances exceed the charges payable by you for the Service.
b) The Company shall not be liable for any failure in the performance of its obligation under the Contract caused by factors or circumstances outside of its control, including but not limited to any act of God, war, strike, lockout, industrial action, breakdown of systems or network access, flood, drought, storm, or other event beyond the Company’s control.
7. Links to Other Websites
The Company is not responsible for the availability, content, or accuracy of any pages or other sites linked to from this Site. The inclusion of any links to such sites does not imply endorsement of these sites by the Company. If you link to any other page or site, you do so at your own risk. You agree that the Company will not be liable for any loss or damages you or any third party may suffer in connection with third-party pages or sites.
8. General Disclaimer
a) The Company is providing this Site on an “as is” basis and makes no representations or warranties of any kind with respect to this Site or its contents, and disclaims all such representations or warranties to the fullest extent permitted by law. In addition, the Company makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on the Site. The information contained in this Site may contain technical inaccuracies or typographical errors. All liability of the Company howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
b) Neither the Company nor any of its directors, employees, or other representatives will be liable for loss or damage arising out of or in connection with the use of the Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties.
c) Notwithstanding the foregoing, none of the exclusions and limitations in the clause is intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit the Company’s liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
9. Copyright and Monitoring
The contents of the Site are protected by international copyright laws and other intellectual property rights. The Company owns these rights unless otherwise indicated. All product and company names and logos mentioned in the Site are the trademarks, service marks, or trading names of their respective owners, including the Company. You may download material from the Site for the sole purpose of placing an order with the Company, and you may download, save, and print a copy of the Conditions. However, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, by any means or in any manner, any material or information on or downloaded from the Company’s Site—including but not limited to text, graphics, code, and/or software—without the Company’s prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
If any part of these Conditions is unenforceable (including any provision in which the Company excludes its liability to you), the enforceability of any other part of these Conditions will not be affected.
11. Third-Party Rights
Except for the Company’s affiliates, directors, employees, or representatives, a person who is not a party to this Contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party that exists or is available from that Act.
a) The Contract is made between the Company and you and shall not be assignable by you. The Company may sub-contract the performance of the Contract in whole or in part.
c) You shall indemnify the Company (and keep it indemnified) against all claims, losses, costs, and expenses (including legal expenses on an indemnity basis) howsoever arising in respect of any claims made by third parties against the Company arising out of the provision of the Service.
d) All notices shall be given to the Company via email at firstname.lastname@example.org.
DDC UK Code of Practice for Relationship Testing
DDC UK has developed a code of practice to reflect the sensitive and ethical issues involved with DNA paternity and other family relationship tests. This code endeavours to protect the interests of all parties involved in DNA testing and to ensure that all parties have fully considered the likely impact of the results on their family relationships.
1. Advice and Help
We understand the significance of the decision you are about to make. We want to assure you of the validity of our work and the care we put into our testing. If you have questions at any point in the testing process, we will be happy to offer our assistance. Information is available through our website (http://www.dnacentre.co.uk), and you are welcome to contact us via our online contact form or by telephone (0800 860 0856 ).
We are also aware of the implications that DNA testing may have on individuals and families. You may want to consider contacting a professional counselling agency for independent advice. In addition, Citizens Advice Bureau (http://www.citizensadvice.org.uk), National Councils for One Parent Families (http://www.oneparentfamilies.org.uk), Child Support Agency (http://www.csa.gov.uk), Parentline Plus (http://www.parentlineplus.org.uk), and Families Need Fathers (http://www.fnf.org.uk) are just a few of the organisations that may be in a position to offer additional guidance, support, and advice. You can also obtain information and advice from your GP or a solicitor practicing family law.
2. Human Tissue Act 2004
DDC UK strictly abides by the regulations of the Human Tissue Act 2004. We take measures to ensure that we receive written consent from all adult parties involved in every DNA test we perform (except court-directed tests). We obtain consent for testing minors from individuals who have parental responsibility for the minors. (Read more about age and consent below.) Further, DDC UK only uses clients’ DNA samples for the genetic tests they request.
3. Age and Consent
Anyone wishing to initiate a DNA test must be at least 18 years old.
Consent for individuals 18 years of age and older:
Please be aware that we require consent from all adults involved in the test (unless the person is no longer living or a court has ruled that a sample is required).
Tests involving adults who are not capable of giving consent will be assessed on a case-by-case basis. DDC UK will only carry out a test if, after full investigation, we feel that it is in the best interest of the individual. Some cases may require legal advice or a court ruling.
Once the test has been carried out, we will send the results to the individual, court, or solicitor who requested the test. Should any other party wish to receive a copy of the results, we require that further consent forms be signed and we will charge an additional fee.
Consent for individuals younger than 18 years of age:
Only a person with parental responsibility for a person under 18 years can give consent for that child to be tested. The only time this requirement can be waived is when DNA testing has been court directed.
Tests that do not involve the mother’s DNA should only take place when either the mother consents to the child being tested or the putative father has parental responsibility. Motherless testing may be undertaken if a court considers that the test is in the best interest of the child. DDC UK recognises that motherless testing can have a significant impact on family life and thus will not perform motherless tests unless they are in accordance with the above guidelines.
Once consent has been given and the age and ability of the child have been taken into account, please consider the views and needs of the child being tested when reaching a final decision to test.
If, for any reason, we have cause to doubt the authorisation of consent, DDC UK will not carry out the test.
4. Best Interest of the Child
A test will not be carried out if DDC UK believes that it is not in the best interest of the child.
It is our policy and promise to treat each case with the utmost confidentiality. All information that is provided to DDC UK will be kept confidential. The details provided will be held in strict confidence and used solely for the purpose of carrying out the test and providing the results. Read our Privacy Statement for more information.