1.1 These are the terms and conditions (Terms) on which we supply the Tests and Testing Services listed on our website www.berkeleygenetics.com (our Website) to you. See Clause 4.1 below for further information on the types of Tests and Testing Services we supply. The Testing Services we provide will depend on the type of Test you have purchased from our Website.

1.2 Please note that our Testing Services are not provided on a standalone basis. Our Testing Services cannot be provided without the applicable Test also being purchased as part of your Order.

1.3 Please read these Terms carefully and ensure you understand them before you order Tests and Testing Services from our Website.

1.4 These terms tell you: who we are; how we supply Tests and Testing Services to you (as applicable); how you and we may change or end the Contract; what to do if there is a problem; and other important information. If you think that there is a mistake in these Terms or they require any changes, please contact us to discuss. You must be aged 18 or over to order Tests and Testing Services from our Website.

1.5 Depending on the type of Test and Testing Services ordered, you may be required to register an account with us, or an account may be created on your behalf. Please see our Website Terms of Use www.berkeleygenetics.com for more information on the terms and conditions which apply when accessing and using an Account.

1.6 By placing an Order, you agree and confirm that: you are 18 years of age or over; you are capable of entering into contracts with us; the details set out in your Order are correct and up to date; you have the right and authority to share personal data with us about yourself and/or the person the Sample is to be taken from (where you are not the person having the Sample taken from them). The person that the Sample is to be taken from shall for the purpose of the Contract, be the Individual; where the Sample is to be collected at home by any person that is not a medical practitioner, then you will carefully follow and ensure that any person collecting the Sample follows all instructions provided with the Tests or available on our Website and in particular those on how to conduct the Test and safely packaging Samples; you will carefully review and complete all Required Information (see Clause 9.2.5) which is provided to you alongside the Test; you will ensure that the Test is carried out on the Individual whose details are associated with the Individual Identifier; to be bound by these Terms; and that these Terms form that basis of the contract between you and us for the supply of Tests and Testing Services (as applicable).

1.7 We draw your particular attention to our Privacy Notice (www.berkeleygenetics.com) and the following Clauses of these terms: Clause 5 (Changes); Clause 6 (Price and Payment); Clause 7 (Delivery of Tests); Clause 12 (Your right to change your mind and end the Contract); Clause 14 (Our rights to end the Contract); Clause 18 (Our responsibility for loss or damage suffered by you).

1.8 In these terms: we, us, or our means Berkeley Genetics Ltd, a company registered in England and Wales. Our company registration number is 14863601 and our registered office is at 41 Devonshire Street London W1G 7AJ (Registered Office); you or your means the person placing the Order.

1.9 You should print out a copy of these Terms for future reference.

2.1 You can contact us: by email: cancertesting@berkeleygenetics.com; by telephone: 01270 623 179;

or by post: Berkeley Genetics Ltd, 41 Devonshire Street, London W1G 7AJ

2.2 If we have to contact you, we will do so by telephone, SMS, or by writing to you at the email address or postal address you provided to us in your Order.

3.1 Our order process has a number of steps that must be followed and completed before you can proceed to check out and complete your purchase (our Order Process). Please follow our Order Process carefully.

3.2 As part of our Order Process, you must review and check the details of your Order carefully and ensure: all information is complete, accurate and free from any errors or omissions; you have selected the correct type and quantity of Tests and Testing Services you require; and

3.3 By completing our Order Process, you are placing an Order with us for the Tests and Testing Services you have selected as part of our Order Process.

3.4 Our acceptance of your Order will take place when we send you an email (to the email address you provided for this purpose as part of our Order Process) to confirm: that we accept your Order; and which Tests and Testing Services we are supplying,

3.5 (our Order Confirmation), at which point a contract will come into existence between you and us for the supply of Tests and Testing Services set out in our Order Confirmation (the Contract). If you have requested (as part of our Order Process) that we start to provide Testing Services, your right to cancel the contract will be affected and will no longer be able to return the Test purchased (see Section 12). We will assign an order number to your Order and tell you what it is when we accept your Order. Please have your Name/DOB and Order number to hand whenever you contact us about your Order.

3.6 If we are unable to accept your Order, we will: contact you to say that we are unable to accept your Order; and not charge you for:
(a) any Tests and Testing Services in respect of which we are unable to accept your Order (where we are unable to accept part of your Order); or
(b) all Tests and Testing Services in your Order (where we are unable to accept your entire Order), and where a charge has been taken, we will refund the relevant amount taken via your payment method in respect of those Tests and Testing Services for which we are unable to accept your Order.

3.7 We may be unable to accept your Order for the following reasons: where the Tests and Testing Services you have chosen are out of stock or we do not have the required number to fulfil your Order; where we do not have sufficient capacity at the Testing Facility to provide all or part of our Testing Services (as applicable); or where we have identified an error in the price or description of the Tests or our Testing Services.

3.8 Our Website is solely for the promotion of our products in the UK. For Orders outside the UK please contact us on cancertesting@berkeleygenetics.com

3.9 We reserve the right to only accept Orders from people who are over the age of 18.

4.1 We are able to supply the following Tests and Testing Services: genetic risk tests and the provision of a Report on your genetic risk and pre-test and post-test support; (each service being a Testing Service, together the Testing Services, and each test being a Test, together the Tests). Each Test and Testing Service will have a unique test identification associated with it (a Test ID).

4.2 Where you have ordered a Test, the Individual will receive pre-test support from us by a link on the ordering page which includes a video and other information explaining our Testing Services and how this may affect the Report generated following the testing of the Individual’s Sample.

5.1 You may have limited rights to make changes to your Order – Due to the nature of our Tests and our Testing Services, once you have submitted your Order, where you have requested that we start providing the Testing Services you will be unable to make changes as we will have commenced the provision of our Testing Services. You will, however, be able to make changes to correct errors in the Individual’s information you provided at the time of placing your Order. As part of our Testing Services, we will create a profile for the Individual together with a unique Identifier associated with their profile (an Individual Identifier). The Individual Identifier will be used on all records created for that Individual as part of our Testing Services.

5.2 If you wish to make a change to the Tests and Testing Services you have ordered, please contact us, and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Tests and Testing Services, the timing of supply, or anything else which would be necessary as a result of your requested change and ask you to confirm that you wish to go ahead with the change. Unless the circumstances set out in Clause 5.1 apply, if we cannot make the change or the consequences of making the change are unacceptable to you, you may choose to end the Contract (see Clause 12 - Your rights to end the Contract).

5.3 Our rights to make changes – We may change the Test or our Testing Services: to reflect changes in relevant laws, regulatory requirements, testing methods, and/or sample collection methods; or to implement minor technical adjustments and improvements. These changes will not affect your use of the Tests or our Testing Services.

5.4 More significant changes to the Tests or Testing Services and our terms – In addition, we may change our range of or type of Tests and Testing Services which we offer, but if we do so, we will notify you. You may then contact us to end the Contract before the changes take effect and receive a refund for any Tests and/or Testing Services paid for but not received.

6.1 Where to find the price for the Tests and Testing Services - The price of Tests and Testing Services will be the price indicated on our website at the time you place your Order. All prices include VAT and the cost of delivery. The price specified for Tests and Testing Services is minus any offers and discounts we may provide from time to time at our discretion. We take all reasonable care to ensure that the price of the Tests and Testing Services advised to you is correct. However, please see Clause 6.2 for what happens if we discover an error in the price of the Test and Testing Services you order.

6.2 Incorrect pricing - We will normally check prices before accepting your Order but it is always possible that, despite our best efforts, some of the Tests and Testing Services we sell may be incorrectly priced. Where the correct price of the Tests and Testing Services at the date of your Order is less than our stated price at the date of your Order, we will charge you the lower amount. If the correct price at the date of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid.

6.3 All Tests and Testing Services must be paid for upon placing your Order.

6.4 We accept payment by [all major credit and debit cards using our payment provider.

6.5 We accept payment under a valid insurance policy by a reputable insurance provider. Please contact us by emailing cancertesting@berkeleygenetics.com who will advise you how to order a Test if you have insurance. Where the Individual has valid health insurance in place which is applicable to the cost of the Test and Testing Services, following the provision of the health insurance provider’s contract details and your policy information, we will contact your health insurance provider to arrange for payment prior to commencing performance of the Testing Services to you.

7.1 The cost of delivery of Tests to you is included in the price for the Tests and Testing Services.

7.2 Where we receive your Order: before 3 pm on a business day, which excludes Sundays or Bank Holidays (Dispatch Cut Off Time), the Tests within our Order Confirmation will be dispatched for delivery by our designated courier the next working day; or after the Dispatch Cut Off Time or on a Sunday or Bank Holiday, the Tests within our Order Confirmation will be dispatched for delivery by our designated delivery service on the second working day of you placing your Order with us, provided that we have not notified you that we are unable to accept your Order in accordance with Clause 3.6.

7.3 If we are unable to deliver Tests within the timeframes set out in Clause 7.2, we will deliver Tests as soon as we are able to do so.

7.4 You have legal rights if we deliver any goods late - If we miss the estimated delivery timescales for any Tests, subject to Clause 7.2, then you may treat the Contract as at an end immediately if any of the following apply: we have refused to deliver the Tests; delivery within the estimated delivery timescales was essential (taking into account all the relevant circumstances); or you told us before we accepted your order that delivery within the estimated delivery timescales was essential.

8.1 Tests will be your responsibility from the time our designated delivery service delivers them to the delivery address you provided within your Order.

8.2 You must ensure that you store Tests in a safe and secure manner and in accordance with any Instructions and ensure that you do not remove items from their packaging until you are ready to complete the Test. We are not responsible for any damage caused to Tests or any of their components or any inability to complete the Test where the Tests or any components within the Test have not been stored strictly in accordance with this Clause 8.

9.1 All Tests require the collection of a saliva or blood sample (each a Sample) from the Individual and depending on the nature of the Test, this may be done at home or require the Individual to attend an appointment with a medical practitioner for them to take the Sample from the Individual.

9.2 Irrespective of whether you, the Individual, or another person (including a medical practitioner) is to collect the Sample, you are responsible for and must ensure that: the Test and any component parts are used strictly in accordance with any instructions for use, storage, Sample collection, and Sample storage provided with the Tests and that the Sample is collected and stored in accordance with these Instructions; the Sample is collected from the Individual associated with the correct Individual Identifier; and any Test or any items within the Test which are broken or have torn packaging are not used; (where applicable) the Sample is put in the designated sample tube and placed in the included packaging which is labelled using the label provided as part of the Test for the Individual. You must therefore check and ensure that the Individual’s name and the Individual Identifiers relate to the person whose Sample is being placed in the tube; you read carefully and complete the order form on our website, including (where applicable) the consent information and the medical history (Required Information), and you ensure that all information is complete and accurate. Please check these carefully before submitting your Order. Where the Sample is to be sent to a Testing Facility, that the Sample is packed in accordance with the packing Instructions and returned to the address set out in the Instructions or on the returns label (as applicable) (the Testing Facility) via Royal Mail. Please note that not following such method may result in a delay in the Samples reaching the Testing Facility and we cannot and do not guarantee that the Samples will be tested and Results will be provided by any date by which you may inform us that you require Results. We are not responsible for any damage caused or failure to provide our Testing Services in respect of any Samples where they have been incorrectly packed; the safe disposal of the waste items from the Test; and (where applicable) the Individual attends the appointment with a medical practitioner to take the Sample.

9.3 You agree that failure to: comply with Clause 9.2 may result in us being unable to provide all of our Testing Services and in particular the Testing Facility being unable to analyse the Sample, and we will not be held liable where we are unable to provide all or part of our Testing Services and/or analyse a Test in such circumstances: use Tests safely and in accordance with the Instructions may result in personal injury and harm and in the absence of any negligence or other breach of duty by us, the use of Test is entirely at the Individual’s own risk; strictly follow the Instructions may result in an inaccuracy or failure of the Test due to the poor quality of the Sample collected and we will not be held liable for any incorrect Result or our inability to provide a Report or Result; and conduct the Test on the correct Individual will produce misleading or incorrect Results or Reports which may be attributable to the incorrect Individual and we will not be held liable for any inaccuracy caused by such error.

10.1 You agree and acknowledge that: provided all Required Information has been provided to us by you or the medical practitioner on behalf of the Individual, and the Sample has been packed in accordance with the Instructions, and has not been damaged in transit, we aim to have the Sample tested at the Testing Facility within the timeframes set out on our Website at the time you placed your Order with our Website; and where a Sample has not been packed in accordance with the Instructions or is damaged when it is received at the Testing Facility, it will not be tested by the Testing Facility and will be disposed of accordingly; however, you will not be entitled to a refund of the price paid for the Tests and Testing Services.

11.1 Where a Genetic Test has been taken: provided that all Required Information has been provided to us and the Sample has been returned and tested in accordance with Clause 10, we will send a report on the Individual’s genetic profile (a Report) by email to you; following the issue of the Report, we will provide you with an informational video to assist with the interpretation of the Report or arrange for you to speak to our medical team to discuss the result. We may recommend that the Individual seeks medical advice from a suitably qualified medical practitioner. Where we are unable to generate a Report in respect of a Sample, which may be due to a Test not having been carried out in accordance with the Instructions or the Sample having been contaminated, we may request a second Sample from the Individual at your additional cost. You will not be entitled to a refund in these circumstances; and the Report may identify a genetic variant of uncertain significance (a VUS). Where the Report identifies a VUS, we may re-run the analysis of the Sample or genetic data every 6 months, as set out in the Required Information. In the event we are able to reclassify the VUS, we will notify you of any changes to the Report via the email address provided as part of our Order Process.

12.1 Your rights to end the Contract will depend on the type of Test and Testing Service you have purchased, whether there is anything wrong with the Tests, how we are performing our Testing Services and when you decide to end the Contract: if what you have bought is faulty or misdescribed, you may have a legal right to end the Contract (or to get the particular Test replaced, a Service re-performed or to get some or all of your money back), see Clause 16; if you want to end the Contract because of something we have done or have told you we are going to do, see Clause 13.3; or if you have just changed your mind about the Test and Testing Services, see Clause 12.2. You may be able to get a refund however this may be subject to deductions and you will have to pay the costs of return of any Test (see Clause 12.6).

12.2 Your right to change your mind (Consumer Contracts Regulations 2013) – For most Tests and Testing Services bought online you have a legal right to change your mind at certain stages in the process (Cooling off Period) and receive a refund. When the Cooling-off Period runs from depends on the Test and Service you have ordered: where you have purchased Tests and Testing Services, Cooling-off Period starts as soon as you receive our Order Confirmation. Your right to change your mind can be exercised provided that you have not asked us to start providing the Testing Services in respect of such Tests during the Cooling off Period and/or the Tests have not been dispatched.

12.3 You have the right to end the Contract for one of the following reasons: we have told you about an upcoming change to the Test and/or Testing Services or these terms which you do not agree to (see Clause 5.3); we have told you about an error in the price or description of the Test and/or Testing Services you have ordered and you do not wish to proceed; there is a risk that the supply of Tests may be significantly delayed because of events outside our control; we have suspended the supply of Tests or our Testing Services for technical reasons, or we have notified you we are going to suspend them for technical reasons; or you have a legal right to end the Contract because of something we have done wrong. To end the Contract where you have the right to change your mind in accordance with Clause 12.2 or for one of the reasons under Clause 12.3, please email us at cancertesting@berkeleygenetics.com with your order number and delivery address.

12.4 Returning Tests – If you end the Contract for any reason after Tests have been dispatched to you or you have received them, you must return the entirety of the Test to us. You must post them back to us at 41 Devonshire Street, London. W1G 7AJ. Returning the kit should be at the cost of the Customer unless specified in clause 12.6. If you are exercising your right to change your mind you must inform us you wish to end the Contract.

12.5 We will pay the costs of return: if the products are faulty or misdescribed; or if you are ending the Contract for one of the reasons under Clause 12.3. In all other circumstances, including where you are exercising your right to change your mind, you must pay the costs of return.

12.6 How we will refund you – If you are ending the Contract for one of the reasons set out in Clause 12.3 or under your right to change your mind in accordance with Clause 12.2, we will refund you the price you paid for Tests and our Testing Services, by the method you used for payment. We will make any refunds due to you as soon as possible.

12.7 If you are exercising your right to change your mind in accordance with Clause 12.2: we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Tests if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Tests and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; the maximum refund for delivery costs will be the costs of delivery by the least expensive method we offer; and where you have purchased Tests and Testing Services, we may reduce your refund by an amount for the supply of the Test and for the particular Testing Services for the period during which we which supplied such Testing Services, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied in comparison to the full coverage of the Contract.

12.8 If you inform us that you would like to cancel your testing service prior to the sample collection kit being processed and sent to you, you will be entitled to a refund of the price paid, minus a handling charge of £20.

12.9 If the sample collection kit has been dispatched to you, then a charge for the kit and postage will be deducted (along with the handling charge) of £50.

12.10 In the event that the cancellation is not received and acknowledged prior to the sample arriving at the laboratory testing facility, then no refund will be issued.

13.1 We may end the Contract at any time by writing to you if: you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide Tests and/or our Testing Services; or you do not, within a reasonable time, allow us to deliver the Tests to you.

13.2 If we end the Contract in the situations set out in Clause 14.1, we will refund any money you have paid in advance for Tests and Testing Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract, which includes an administration cost of £50 to cover bank charges, refunds, sample collection kits, and delivery costs (as applicable).

13.3 We reserve the right to refuse to process a Sample returned to us for testing if such Sample is not received within 6 months of the date of dispatch of the Test, as set out in the Order Confirmation.

14.1 We may have to suspend the supply of Tests and Testing Services: to deal with technical problems or make minor technical changes; and/or to update or make changes to Tests and/or our Testing Services to reflect changes in relevant laws, regulatory requirements, testing methods, and/or Sample collection methods.

14.2 We may withdraw Tests and Testing Services - We may write to you to let you know that we are going to stop providing Tests and Testing Services. We will let you know at least 7 days in advance of our stopping the supply of Tests and Testing Services and will refund any sums you have paid in advance for Tests and Testing Services which will not be provided.

15.1 We are under a legal duty to supply Tests and Testing Services that are in conformity with the Contract.

15.2 If you have any questions or complaints about Tests and/or our Testing Services, please contact us by emailing cancertesting@berkeleygenetics.com

15.3 If a Test is delivered damaged, please contact us immediately by emailing cancertesting@berkeleygenetics.com and we will arrange for a replacement Test to be provided to you (at no extra cost).

15.4 If you damage a Sample (or any container in which the Sample is to be placed) prior to returning it to us, please dispose of the Sample and container safely and do not return either to us to minimise the biological risk the Sample and/or damaged container may pose.

15.5 If a Sample is delivered to the Testing Facility and it has been damaged whilst in transit with our designated courier, we will contact you and arrange for a replacement Test to be delivered to you (at no extra cost). We will not be responsible for any damage to a Sample in transit where it has not been packed correctly by you or is otherwise damaged in transit where you have not used our designated courier.

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says the goods (being the Tests) must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of the Tests, your legal rights entitle you to the following:

(a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) Up to six months: if your goods can't be replaced, then you're entitled to a full refund, in most cases.
(c) Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.
(d) The Consumer Rights Act 2015 says that services (being the Testing Services) must be carried out with reasonable care and skill. During the provision of Testing Services to you, you are entitled to the following:

(a) If the service is not carried out with reasonable care and skill, you can ask us to repeat or fix a service, or get a partial refund if we can’t fix it.
(b) If you haven’t agreed a price beforehand, what you are asked to pay must be reasonable.
(c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

16.1 If you wish to exercise your legal rights to reject Tests you must return them in accordance with Clause 12.5.

17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for: death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of your legal rights in relation to the products including the right to receive products which are: as described and which match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and defective Tests or Testing Services under the Consumer Protection Act 1987.

17.3 We supply Tests and our Testing Services under the Contract for domestic and private use. If you use them for any commercial, business, or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Any such commercial, business or re-sale usage is strictly prohibited.

17.4 We cannot and do not guarantee that any testing, or Results will be 100% accurate due to the nature of the test being performed.

17.5 We will provide pre and post-test support and advice via informational videos or with our medical team. You acknowledge that Reports do not constitute medical advice and you (or the Individual to whom the Report relates) are responsible for any actions, appointments, or medication following receipt of the Report. In order to derive any medical advice from a Report, a consultation with a suitably qualified practitioner should be undertaken. We can put the Individual in contact with a suitably qualified practitioner to interpret the Report and can advise the Individual, but we are not responsible for any such advice provided. You acknowledge that we do so for the sole purpose of aiding the interpretation of the Report and we do not guarantee the quality of the medical advice which may be subsequently provided.

17.6 We are not responsible for any losses or costs incurred by you or the Individual which arise out of or in connection with: any failure by you to comply with your obligations under the Contract; any failure to use the Tests strictly in accordance or return the Sample (as applicable) in accordance with Clause 10, including where an incorrect Result is produced or Report is issued as a result of such failure.

18.1 We will only use your personal information provided via our Website as set out in our Privacy Policy and any personal information which we collect as part of our Required Information, including Samples, will be processed in accordance with the privacy notice attached to those forms.

18.2 Some of our Testing Facilities may require your personal information to carry out the Testing Services, which will be processed in accordance with the terms provided to you as part of the Required Information. Some of these Testing Facilities may be based outside of the UK.

19.1 You agree that we may instruct other persons, companies, or firms to carry out our obligations under the Contract on our behalf, including the Testing Facility, which may complete some or all of our Testing Services.

20.1 We may transfer our rights and obligations under these Terms to another organisation. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

20.2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

20.3 When we use the words writing or written in these Terms, this includes emails and notices posted on our Website.

20.4 Each of the Clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.

20.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

21.1 These Terms are governed by English law, and you can bring legal proceedings in respect of the Contract in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Contract in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Contract in either the Northern Irish or the English courts.