Terms and conditions for the use of this site

Please read these terms and conditions carefully, they contain important information about your rights and obligations.

The information provided on this Site is intended for use by customers looking to purchase the Service in the United Kingdom, and therefore is not applicable to World Wide Web Users logging on from other jurisdictions outside of the United Kingdom.

1. Definitions

a) The “Company” shall mean Complement Genomics Ltd, trading as dadcheck.com, a company registered in England and Wales with company number 3929876 and having its registered office at The Cube, Barrack Road, Newcastle-upon-Tyne, NE4 6DB, UK.
b) "Conditions" means 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 “Kits” means sampling kits sent to you on receipt of your order
e) The "Project Report" shall mean the written report provided by the Company to you in respect of the Service.
f) The "Request Form" shall mean the pro forma service order form relating to the Service and as provided by the Company via its website at http://www.dadcheck.com/
g) The "Service" shall mean human identity testing and without limitation related services including the results thereof.
h) The “Site” means www.dadcheck.com
i) “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) If you order the Service from the Site by filling in the registration form and clicking the “Submit” button you shall be legally bound to have made an offer to purchase the Service pursuant to these Conditions.
c) 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
d) You are responsible for deciding on the suitability of the Service offered for any particular purpose and for the consequences arising.
e) 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 the prior written consent of you.
f) 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. All prices are exclusive of VAT which is payable in addition at the current rate in force from time to time.
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 days of the notification.
c) The Company must receive payment of the whole of the price for the Service before your order can be accepted. Once payment has been received by the Company it will confirm that your order has been accepted by sending you a ‘Transaction Summary’ which will include your case reference number, details of the Service and your cancellation rights. 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, which 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.
e) The Company will deliver the Project Report to you by first class post to the address you give us for delivery at the time you make the order. There will be an additional delivery charge if you request the Project Report to be delivered by courier service which will be notified to you at the time you make the order. All delivery dates and times are approximate only (but will in any event be within 30 days of your order) and are given in good faith by the Company and whilst every effort will be made to comply with your requests and stated delivery dates, the Company cannot be held responsible or deemed to have broken a Contract if delivery is late due to unforeseen circumstances beyond the Company’s control. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Company in writing.

4. Cancellation/Termination & Charges Arising

a) You have seven working days (excluding Saturday and 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 30 days of the Company’s receipt of your notice of cancellation.
c) On cancellation for whatever reason you must return the Kits the Company has delivered to you in the pre-paid envelope provided within 14 days of cancellation. You must keep the Kit in your possession prior to its return to the Company and in good condition and with the box seal unbroken. If the Kits are damaged on delivery the Company will replace or exchange any such Kits; or refund you for the price paid.
d) The Company reserves the right to cancel the Contract if the Services were listed at an incorrect price due to a typographical error.

5. Project Management

a) The Company may specify the length of time over which the Service will be performed and the date of delivery of the Project Report and may divide the Service into separate parts or stages to run consecutively or concurrently as the Company shall in its absolute discretion decide.
b) The Company may at its discretion release to you interim results (with access to the Company website or otherwise) or an interim Project Report prior to provision of the final Project Report. Unless expressly agreed in writing, the Contract shall be non severable irrespective of the number of stages or parts into which it is divided by the Company.
c) 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.
d) 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.
e) 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 months and twenty four months respectively from the date of transmission of the Project Report unless otherwise agreed in writing between the Company and you for which an additional sample storage charge will be payable, which shall be £120.00 per annum (excluding VAT) and £60.00 per annum (excluding VAT) respectively per sample or monthly pro rata. Samples may be returned by the Company at your request after the date of transmission of the Project Report.
f) The sample DNA derived from the donor’s sample or any data derived therefrom 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 months
g) The Company will use reasonable endeavors 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.
h) The information contained in the analysis is solely for your use.
i) 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.
j) 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.
k) The Company makes no representation, express or implied, that the result of analysis is fit for any particular purpose. If you wish to use the result of our analysis in any court proceedings then we recommend that you obtain independent legal advice.
l) 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, which have not been legally obtained. The Company strongly advises that you should 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.

6. 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. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy found at www.dadcheck.com where you can enter the privacy policy page.

8. Links to other web sites

The Company is not responsible for the availability, content or accuracy of any pages or other sites linked to this website. The inclusion of any link to such sites does not imply endorsement by the Company of these sites. If you linking 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.

9. 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 are 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.
10. 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 web 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. Clipart images as displayed on this site are provided under license from Microsoft Corporation, USA (www.dgl.microsoft.com).

11. Invalidity

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.

12. 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.

13. General

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.
b) These Conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and the Company. You acknowledge that you have not entered into this Contract in reliance upon any warranty or representation made by the Company or any other person and you waive any rights to damages/recission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Conditions, privacy policy, order form and payment method instructions.
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 sales@dadcheck.com or by post to 128i Bioscience Centre, Business and Innovation Centre, Sunderland SR5 2TA.
· to you at either the email or postal address you provide during the ordering process
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
e) Clause headings are for information purposes only and do not affect the interpretation of or form part of these Conditions.
f) This Contract, its construction and all and any disputes or litigation arising therefrom shall be governed by English Law and subject to the exclusive Jurisdiction of the English Courts.

Issued by the board of Complement Genomics Ltd 31/09/01. Complement Genomics Ltd is registered in England under number 3929876. Registered office: The Cube, Barrack Road, Newcastle-upon-Tyne, NE4 6DB, UK. Copyright 10/2001 Complement Genomics Ltd.