Terms & Conditions
IMPORTANT INFORMATION, PLEASE READ CAREFULLY. By using our website and/ or ordering one of our products or services you agree to be bound by the following Terms and Conditions. These conditions may be subject to change and we therefore advise you to re-read this information periodically. Your statutory rights are not affected.
You may request a hard copy of these Terms and Conditions, which will be sent to an address of your choice via regular mail.
Terms and Conditions for PlayDNA Limited and use of their Website www.playdna.co.uk
a. “PlayDNA” means PlayDNA Limited, whose registered office address is Emerald House, 20-22 Anchor Road, Aldridge, Walsall WS9 8PH and registered number is 07175354.
b. “Customer” means the person, company, or other entity that orders a Product and is responsible for the payment of all charges for that Product and for compliance with PlayDNA Terms and Conditions.
c. “Product” or “Products” means PlayDNA artwork, products, analysis, information brochures, software, services and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user.
d. “Results” means the DNA artwork and/or associated analysis relating to the Customer or persons on whose behalf the Customer is acting. This will include information regarding their genotype (e.g. the As, Ts, Cs and Gs at particular locations in their genome) generated through processing of their cheek swab sample by PlayDNA.
e. “Agreement” means the agreement that is entered into between PlayDNA and the Customer when the Customer orders a DNA kit through the Website, in person or by any other means indicated by PlayDNA. An Agreement is realised at the point the Customer, or person/ people on whose behalf the Customer is acting, returns their DNA sample to PlayDNA. By return of this/these sample(s), the Customer is agreeing to accept and enter into these Terms and Conditions.
2. Acceptance of Terms
Your access and use of PlayDNA’s Products is subject to the terms of the legal agreement between you and PlayDNA set forth in these Terms and Conditions (TAC). These TAC apply to any use of the Products, including but not limited to a) submitting a cheek swab sample for DNA extraction and processing, b) uploading a digital version of your Results and/or c) receipt of PlayDNA Results. In order to access and use the Products you must first agree to the TAC.
PlayDNA reserves the right to revise or supplement these conditions. The continued use of this website following the posting of any changes to the TAC constitutes acceptance of those changes.
3. Description of the Products
The Products include, but are not limited to, DNA artwork, analysis and information brochures as set out in our Website, including the collection and genetic analysis of your cheek swab sample. Unless explicitly stated otherwise, each new feature that augments or enhances the current Product range shall be subject to the TAC. You acknowledge and agree that the Products are provided “as-is” and are based on the current genetic research and technology in use by PlayDNA at the time of purchase.
PlayDNA reserves the right to refuse an order request at any time for any reason. In such a case the Customer will be informed of this decision as soon as possible.
4. Risks and Considerations Regarding PlayDNA Services
You may learn information about yourself that you do not anticipate. There is a possibility that due to the heritable nature of genetic information, sensitive information may be revealed by your Results that could have implications in terms of characterising close family relationships (e.g. where multiple family Results are known, your Results would suggest you are not genetically related to your father or mother). Such information is likely to be distressing, evoke strong emotions and is obviously irrevocable.
For clarity, the Products offered by PlayDNA are not intended for use in paternity or maternity testing and we would advise that anyone with serious concerns of this nature should first speak with their physician or health care provider and if appropriate undergo formal paternity/ maternity testing with a laboratory accredited for this purpose.
Genetic research is not comprehensive. The research community is continually learning more about genetics and publishing updates to existing knowledge in scientific journals. Our interpretation of your genetic data is reliant on these published studies, and as a result, future scientific research may change the interpretation of your DNA. In the future, the scientific community may show previous research to be incomplete or inaccurate. All genetic information provided by PlayDNA is based on the latest research at the time of publication and is correct to the best of our knowledge.
The laboratory may not be able to process your sample. The laboratory may not be able to process your sample if your swab does not contain a sufficient volume of DNA, if the swab has been contaminated in any way, or if the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, PlayDNA will offer to send another kit to the Customer to collect a second sample at no charge. If this second attempt at DNA collection is unsuccessful, PlayDNA reserves the right to cancel the Agreement and provide the Customer with a complete refund of the amount paid. This represents the limitation of our liability.
The laboratory process may result in errors. We make every effort to ensure our data is as accurate as possible, using two different scientific methods to analyse each genotype, carried out in separate and distinct operations and then compiled to ensure they correspond. Where data do not correspond or are indeterminate, the process is repeated until the results are in accordance with one another. However, even for processing that meets our high standards, due to the nature of the laboratory techniques used, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect. If you are concerned that your Results are in any way inaccurate we will agree to re-analyse your DNA sample up to 14 days from the date you receive your artwork to verify the information we have provided you. If an error is detected in our genotyping process we will provide you with the amended Results free of charge.
We will not use your sensitive personal data/ DNA sample for any other purpose than to complete your order successfully. We will not carry out any further analysis of your DNA that could provide us with additional sensitive personal data about you. Your DNA sample will be safely disposed of within 21 days of your order being dispatched.
The PlayDNA Product range is intended for decorative and entertainment use only and is not intended to enable you to make any decisions regarding personal health or behaviour. We do not analyse any medical/ disease-linked traits, provide medical advice and we in no way claim to be able to provide you with diagnostic information that you can use to determine any particular course of action as a result of your genetic profile. The information we provide is based on an extremely small subset of genetic markers and as a result is only one part of a much larger picture. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors.
If you have any concerns or questions about what you learn through your access to PlayDNA Products, you should contact your physician or other health care provider.
5. Use of Personal/ Sensitive Personal Data
If an order is placed, PlayDNA will process Personal Data, such as name, address, email address and phone number of the Customer. This Personal Data will be used by PlayDNA to optimally execute the Agreement, such as maintaining contact with the Customer, performing market research, formulating Customer profiles, and informing the Customer of similar products and/or services by PlayDNA or of our latest products and/or services that we believe they might find of interest. The Customer will have the option to opt out of receiving further information and have all personal details removed from PlayDNA databases. This Personal Data shall not be passed to third parties without prior consent, unless there is a legal obligation or judicial order.
Your genetic information, as contained in the DNA sample you provide to PlayDNA in the form of a cheek swab, is considered Sensitive Personal Data. By providing a DNA sample to PlayDNA you agree to give your explicit consent to PlayDNA to process your Sensitive Personal Data in accordance with these Terms and Conditions. PlayDNA will not use your Sensitive Personal Data for any other purpose than that outlined in the Product you have requested and given consent for. PlayDNA will ensure the safe disposal of your DNA sample within 21 days of dispatching your Results to you.
6. Data Protection
PlayDNA takes the security and confidentiality of our Customer Personal/ Sensitive Personal Data extremely seriously and maintains a high level of protection so that third parties do not unnecessarily gain access. Your Personal Data is password protected and stored on secure servers that are only accessible to authorised personnel of PlayDNA. Your cheek swab sample is barcoded with no personal or identifying data included in the mailing. Your Sensitive Personal Data contained within your DNA sample is held in a secure laboratory facility protected by 24-hour guarded surveillance.
We warrant that we will process your Personal/ Sensitive Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments. We further warrant that, having regard to the state of technological development and the cost of implementing any measures, we will:
a) Take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal/ Sensitive Personal Data and against the accidental loss or destruction of, or damage to, Personal/ Sensitive Personal Data to ensure a level of security appropriate to:
I. The harm that might result from such unauthorized or unlawful processing or accidental loss, destruction or damage; and
II. The nature of the data to be protected
b) Take reasonable steps to ensure compliance with those measures.
Your Personal/ Sensitive Personal Data will not be sold or given to any third party, including advertisers and/or business partners at any stage, unless required to do so in accordance with national legislation, e.g. pursuant to a Court Order. You have the right of access to your own Personal/ Sensitive Personal Data.
7. User Representations
By accessing PlayDNA Services, you agree to, acknowledge, and represent as follows:
a) You give permission to PlayDNA to perform genotyping services on the DNA extracted from your cheek swab sample and to disclose the results of analyses performed on your DNA to you and to others you specifically authorise.
b) You confirm that you are eighteen (18) years of age or older if you are providing a cheek swab sample.
c) You are guaranteeing that any sample you provide is your own; or if you are agreeing to these TAC on behalf of a person for whom you have legal authorisation, you are confirming that the sample provided will be the sample of that person.
d) If you are a customer outside of the UK providing a cheek swab sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
e) You have read the ‘Risks and Considerations Regarding PlayDNA Services’ section and confirm that you understand the potential limitations and implications of your Results.
f) You take full responsibility for any possible consequences resulting from your sharing access to your Results with others.
You agree that you have the authority, under the laws of the jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations, PlayDNA has the right to terminate the Agreement and refuse any and all current or future use of the Services (or any part thereof) and you will defend and indemnify PlayDNA and its affiliates against any liability, costs or damages arising out of breach of the representation.
UNDER THE HUMAN TISSUE ACT 2004 TAKING DNA FROM ANOTHER PERSON WITHOUT THEIR CONSENT IS A CRIMINAL OFFENCE PUNISHABLE BY IMPRISONMENT OR A FINE OR BOTH.
8. PlayDNA’s Intellectual Property Rights
We assert all our intellectual property rights, including but not limited to copyright, databases and know-how, in our Website and Products. PlayDNA logos and product and service names are trademarks of PlayDNA and these marks together with the PlayDNA name and any other PlayDNA trade names, service marks, logos, domain names and other distinctive brand features are the “PlayDNA Marks”. Unless you have agreed otherwise in writing with PlayDNA, other than through the Use of Materials in Section 9, nothing in the TAC gives you a right to use any PlayDNA Marks and you agree not to display or use in any manner, PlayDNA Marks. You agree that you shall not remove, obscure or alter any proprietary rights notices that may be affixed to or contained within the Products.
The Customer expressly guarantees that all instructions and directions pertaining to the use of the Website and/or the Products will be followed, and that the Website and/or the Products will not be used in any way that could damage PlayDNA and/or third parties.
9. Use of Materials
All domains and copyright in the website and associated Products is owned by PlayDNA and all trademarks are theirs. The domains, logos and the contents of all the sites (including but not limited to information, artwork, text, animations, video, audio, pictures and media files) are protected by copyright and trademark legislation. You may access and use the Product content for personal and non-commercial purposes only. You may not modify, reproduce, republish, post, transmit, distribute or use any of the Product content for any other purpose without PlayDNA’s express written consent. Where consent is granted, you agree to: (i) provide the content as it appears on the PlayDNA Website or Product with no changes including but not limited to refraining from presenting selections which might tend to misrepresent the substance of the Product content; (ii) include the following attribution on the first page of any materials you distribute: © PlayDNA Ltd 2012. All rights reserved; (iii) agree you have no right to offer anyone else any further right with respect to this Product content.
The prices published by PlayDNA on the Website or through other channels apply to the Agreement and to the various Products offered on or through the Website, unless parties have agreed otherwise. PlayDNA is entitled to change these prices and/or offer promotional discounts from time to time. Changes will apply to any new Agreements made after any price is adjusted on the Website.
All prices cited by PlayDNA are listed in pounds (GBP) inclusive of VAT. Delivery charges are not included in the prices quoted.
The amount the Customer owes to PlayDNA as result of the Agreement will be settled in advance through a safe online payments system, unless otherwise agreed in writing. The Customer is obliged to provide PlayDNA with all information necessary to process payment correct and in full. PlayDNA will carry into effect the Agreement only after all necessary information concerning the payment authorisation has been received by PlayDNA.
Due to paypal system requirements we are unable to process gift vouchers that have a greater value than the total of the goods they are being used to purchase. In the event that you wish to use a gift voucher to purchase an item of lesser value, please contact us at: email@example.com or call 01869 238000 and we will be happy to process your order manually and ensure the outstanding balance due to you is successfully refunded. We apologise for the inconvenience
Stated delivery dates cannot be regarded as a deadline unless explicitly agreed otherwise. PlayDNA will make every effort to ensure delivery within the stated delivery date. If PlayDNA becomes aware of circumstances that are likely to impede achievement of this delivery date then PlayDNA will notify the Customer as soon as possible, stating the expected new delivery date. If the delivery is prolonged for more than thirty days beyond the original delivery date provided by PlayDNA then the Customer has the right to terminate the Agreement and receive a full refund.
Details of relevant export regulations apply to the export of goods.
Customers can find further delivery information and charges here.
12. Faulty or Damaged Goods
Any goods supplied by us and found to be faulty or damaged will either be replaced free of charge or refunded in full. Any Product damaged when delivered must be notified to us within 3 days of delivery. We may arrange for the collection of the damaged goods.
You are required to check on receipt of your order whether the Products meet the requirements as stipulated in the Agreement. If the Product falls below these requirements you are obliged to notify PlayDNA in writing as soon as possible, and in all events within 14 days of delivery. If it is demonstrated that the Products do not meet the requirements of the Agreement, PlayDNA has the option to return and replace such Products with new Products or to return the invoice value of such Products.
13. Right to Cancellation
The Customer has the right to cancel the Agreement within seven (7) days of the Confirmation Date of the order free of charge and without giving any reason. If the Customer wishes to terminate their Agreement with PlayDNA after this seven-day period, PlayDNA reserves the right to refund any payment made by the Customer less any delivery and/or consumable costs incurred.
To exercise their right to cancellation the Customer must notify PlayDNA in writing or by email using the contact details found on the Website.
If they are unsatisfied with the Results, the Customer has the right to request an exchange or money-back on the Service up to fourteen (14) days from the date the Results were received. A maximum of one exchange will be honoured except where the Product is judged to be faulty or damaged, in which case an identical Product with fault corrected will be dispatched as replacement. For a full refund, the Customer will be required to return the artwork and all documents relating to the Results including the certificate of analysis and accompanying brochure at their own expense. Refunds are not available for Customers who have also purchased the digital high-resolution copy of their DNA image, although exchanges will still be available. Delivery costs incurred are non-refundable.
If the Customer exercises their right to cancel, PlayDNA shall see to the reimbursement within 30 days of safe receipt of all returned goods.
PlayDNA shall not be held liable for any failure to meet the delivery dates specified if prevented from doing so by circumstances beyond its control, understood to include, but not limited to: delays or failures on part of the suppliers; labour strikes; blockades; embargo; government measures; war; revolution; power failures; malfunctions of electronic lines of communication and other communication facilities; loss or damage during transport; fire; explosion; water damage; flooding and/or earthquake.
If it is demonstrated that PlayDNA is accountable for failing to meet its obligations in the Agreement, PlayDNA’s liability shall be limited to an amount that is no more than equal to the amount that PlayDNA received as payment for the provided Products, or in connection to the Agreement.
In no event will PlayDNA be liable for any consequential or indirect loss, damage or expenses arising directly or indirectly from access to or use of the PlayDNA Website and Products.
PlayDNA may at any time, terminate an Agreement, if: (1) the Customer has breached any provision of the TAC; (2) the Customer is in default of payment; (3) PlayDNA is required to do so by law; (4) the partner with whom PlayDNA offered the Products to you has terminated its relationship with PlayDNA or ceased to offer its services to you; (5) PlayDNA is no longer able to provide the Products to users in the country in which you reside. PlayDNA is not liable for any costs or damages incurred by the Customer as a result of early termination. Payments in advance do not have to be reimbursed. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that PlayDNA shall not be liable to you or any third party for any termination of your access to the Products.
Upon termination of an Agreement, these TACs will continue to govern the relations between parties to the extent that they are necessary for the completion of it.
16. Unsolicited Submissions
Any non-personal material, information or other communication (“Information”) you post, email or transmit to PlayDNA will be considered non-confidential and non-proprietary. By sending this Information to PlayDNA you grant it a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to copy, disclose, distribute, incorporate into other material and otherwise use the Information and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
If you submit Information to PlayDNA that we subsequently use, you will hereby indemnify PlayDNA against all damages and costs that PlayDNA suffers or makes makes as a result of claims by third parties that the use and/or exploitation of the Information violates the intellectual property rights of third parties or is otherwise wrongful to a third party.
17. Transfer of Rights
PlayDNA is entitled to transfer to a third party rights and obligations on account of the Agreement, the Services or these TAC without consent of the Customer.
18. Third Party Rights
We confirm that it is not your intent or the intent of PlayDNA to confer any rights on any third parties by virtue of this agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to these TACs.
We shall not be responsible for any errors or omissions contained on our Website as it is for general guidance only. We reserve the right to make changes to the Website without notice. The Website may contain links to external Internet pages. PlayDNA has not reviewed all these sites and they are not under our control. PlayDNA is not liable for the use or the content of these external sites or for the content of any third party site which links to us.
Neither PlayDNA, or its successors, employees, partners, suppliers, agents and representatives, nor any other party involved in creating, producing or delivering the PlayDNA Website is liable for any direct incidental, consequential, indirect, punitive or any other damages arising out of your access to, or inability to access, or use of, or inability to use, the PlayDNA Website and Products. This includes liability for damages sustained as a result of non-delivery or delayed delivery of electronic messages and damage to your computer hardware, data, information, materials and business resulting from the information or the lack of information available on the PlayDNA Website or from viruses that may infect your computer equipment.
PlayDNA exclude to the fullest extent permitted by law all warranties, conditions, terms and undertakings, expressed or implied, whether by statute, common law, custom, trade usage, course of dealings or otherwise in respect of the goods and services provided by PlayDNA. Nothing in this clause shall affect your statutory rights as a consumer.
20. Severability Clause
If any portion of these TAC is found to be unenforceable, the remaining portion will remain in full force and effect. Parties will replace the invalid parts with conditions that are indeed valid, and which, in view of the content and intent of these TAC, conform to the judicial effects of the invalid part as closely as possible.
21. Applicable Law
These Terms and Conditions are governed by and shall be construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute that may arise.