These Terms and Conditions apply to users visiting or registering on Ancestry.com.au only on or after 25 September, 2017, and who have been presented with links to them at registration, purchase or in purchase confirmation emails.

 

1. Introduction

1.1  You agree that by signing up for an Ancestry account, or accessing our websites or services, you are entering into a legally binding agreement with Ancestry. If you do not agree to these terms, then do not sign up for an Ancestry account or use the services

 

1.2  This agreement applies to your use of all Ancestry branded websites, Ancestry mobile applications and services (the ‘Websites’). Your use is also subject to the Ancestry Privacy Policy that links to or from these Terms and Conditions, the purchase flow or from subscription purchase confirmation emails. Your use is also subject to the Ancestry Cookie Policy.

 

1.3  Users who register with us, and users who purchase a subscription (including subscription renewals), are entering a legally binding agreement with Ancestry Information Operations Unlimited Company, and purchasers of the Ancestry DNA testing service are entering a legally binding agreement with Ancestry International DNA, LLC ("Ancestry", "we", or "us", as applicable to your Service).

 

1.4  The Ancestry services comprise online genealogy subscription services, DNA testing and genetic analysis services and DNA related subscription services to help users discover, preserve and share their family history (as selected at the time of purchase, the ‘Services’).

 

1.5  By activating a DNA kit for testing, you represent that you are eighteen (18) years of age or older. In addition, you represent that any sample you submit is either your DNA or the DNA of a person for whom you are a legal guardian or have obtained legal authorization to provide their DNA to Ancestry.

 

1.6  You must be thirteen (13) years or older to register to use the Websites. You must be eighteen (18) years or older to purchase a subscription to the Services. If any minor gains access to a subscribed account, the parent or guardian of that minor will be held responsible for the minor's actions.

 

1.7  Updates. This Agreement may be modified from time to time. Changes to this Agreement will be posted on the Ancestry sites. If you do not agree to the changes you may cancel your agreement at any time.

 

2. Services and Content

To use the Websites and to purchase a subscription you will first be required to register with us. As part of the registration process, you will select a username and password. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on Ancestry via your account, and you must keep your account password secure. Distribution of your password to others for access to Ancestry is expressly prohibited. You will never be required to reveal your password to any representative or agent of Ancestry, its owners or agents. You must immediately notify us by the contact information below, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.

 

The Websites contain text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by you ("Content"). Except for web search records (being records hosted on third party websites that are linked to from our Websites), all Content is owned, licensed to and/or copyrighted by Ancestry. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Ancestry service, the Ancestry DNA testing service or kit, use of the service, or access to the Service.

 

You may access the Websites only personally with an individual browser and use the Content only for personal or professional family history research. You may only download Content as search results relevant to that research or where expressly permitted by Ancestry. For example, the download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof is prohibited. Online or other republication of Content is prohibited except as unique data elements that are part of a unique family history or genealogy.

 

Where permitted, Content may be downloaded onto your computer or device. When downloaded, the Content remains subject to the limited use license contained in this Agreement. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may use the software provided on the Websites only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use.

 

Ancestry does not claim an exclusive right to images already in the public domain that it has converted into digital format. However, the Websites contain images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. You agree to not reuse these images or documents except that you may reuse public domain images so long as you only use small portions of the images or documents for personal use. If you republish public domain images, you agree to credit Ancestry as the source of the digital image, unless additional specific restrictions apply. If you wish to republish more than a small portion of the images or documents from any of the Websites, you agree to obtain prior written permission from us.

 

By using the Websites, you agree to comply with our Rules of Conduct and Community Guidelines, all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will provide valid and complete contact information, and that you will always have a valid email address on file with Ancestry. In addition, the rules set out below are part of this Agreement and must be followed anytime you access the Ancestry Websites. You must not:

 

A.  post or publish any information that you know is false, inaccurate, or misleading, such as impersonating any person or entity, falsely misrepresenting your affiliation with any person or entity, falsely claiming an endorsement that you do not have, or misrepresenting that you are an employee or representative of Ancestry or otherwise affiliated with Ancestry;

 

B.  reproduce, copy or sell any portion of Ancestry database contents or systematically download the Content and data of the Ancestry database to make or populate another database or for any other purpose;

 

C.  interfere or attempt to interfere with the Ancestry Websites in any manner. For example, you may not use any software program, virus or routine to block, obscure, overwrite or modify any Content or web pages or to destroy the software, hardware or telecommunications equipment of the Ancestry Websites or another person;

 

D.  use the information on the Ancestry Websites or obtained from DNA tests (including any downloaded raw DNA data) in whole, in part and/or in combination with any other database, for any discriminatory, breach of privacy or otherwise illegal activity (for example, to re-identify any anonymous donor or to make insurance or employment decisions);

 

E.  knowingly or willfully submit defamatory or offensive Content to a Website;

 

F.  use or deploy bots, crawlers, spiders, data miners, scraping and other automatic access tools. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or Services or the Content therein. The licenses granted by Ancestry terminate if you do not comply with this Agreement. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you.

 

3. DNA and your Genetic Information

The Ancestry Service includes a DNA test and an online DNA service, including a subscription service as applicable, where users who purchase that service can review their results, discover related content, and connect with other users. All DNA testing performed by Ancestry on samples submitted for testing is done for genetic and genealogical research, including population health and ethnicity-related analyses, and not to provide you individual medical advice or for diagnostic purposes. Ancestry will analyze users’ genetic, genealogical, and health information, to provide results, including an ethnicity estimate, to each user (the "Results") and will use aggregated users’ Results to make discoveries in the study of genealogy, anthropology, genetics, evolution, languages, cultures, medicine, and other topics. In addition, Ancestry can use the Results of users’ DNA tests to identify potential relatives. Users can utilize their Results and these matches in conjunction with an Ancestry account in order to grow their family trees and expand their family history research capabilities.

 

By submitting DNA samples to Ancestry, you give permission to Ancestry to extract the DNA from the samples, perform genetic tests on the DNA using test methods available now and developed in the future, to disclose the results of the tests performed to you and others that you authorize, to store the samples for additional genetic testing and archiving purposes, and to store the results of the DNA tests in accordance with this Agreement and with our Privacy Statement.

 

Ancestry does not claim any ownership rights in the DNA that is submitted for testing. Any Genetic Information (DNA data and any information derived from it) belongs to the person who provided the DNA sample, subject only to the rights granted to Ancestry in this Agreement.

 

Deletion: You may request Ancestry delete your Genetic Information at any time through our website or by contacting our Member Services (see contact details below). You may also request the destruction of your DNA sample by contacting Member Services. If you have agreed to our Informed Consent, deletion of your Genetic Information is subject to additional provisions.

 

License to Ancestry: By submitting DNA to Ancestry, you grant Ancestry and the Ancestry Group Companies (meaning any and all entities controlling or controlled by or under common control with Ancestry and where control means ownership, directly or indirectly, of at least fifty percent (50%) of the voting rights in such entity, and ‘controlling’ and ‘controlled’ shall have the corresponding meaning) a royalty-free, worldwide, sublicensable, transferable license to host, transfer, process, analyze, distribute, and communicate your Genetic Information for the purposes of providing you products and services, conducting Ancestry’s research and product development, enhancing Ancestry’s user experience, and making and offering personalized products and services. In other words: we use your Genetic Information to provide products and services to you and improve our products and services for all our users. In addition, you understand that by providing any DNA to us, you acquire no rights in any research or commercial products that may be developed by Ancestry using your Genetic Information.

 

Any sharing of your Genetic Information with third parties is governed by our Privacy Policy. Ancestry does not share Genetic Information with employers, insurance providers, or third party marketers without your consent, and will not share your Genetic Information with law enforcement unless compelled by valid legal process as described in our Privacy Policy. Any sharing of Genetic Information for external research purposes is governed by the Informed Consent.

 

If you are a user residing outside the United States and providing a DNA sample, you confirm that this submission is not subject to any export ban or restriction in the country in which you reside. You also agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide the representations in this Agreement and you explicitly waive any laws or regulations relating to DNA testing and storage from the state or jurisdiction in which you reside. You agree that the sample will be tested and stored in the United States as provided in this Agreement. You further agree that your Results may only be accessible through the Ancestry Websites and that you may not be able to use the Results in a website targeted to your country of residence or hosted outside the United States.

 

4. User Provided Content and Additional User Information

Portions of the Ancestry Websites allow you and other users to contribute User Provided Content (as defined in our Privacy Policy). User Provided Content includes, but is not limited to, any information you upload to the Websites, any posts you make on our message boards or community forums, and any comments or suggestions you send to us. It includes Registration Information and Additional User Information (as each are defined in our Privacy Policy) that you upload to Ancestry. For User Provided Content, we are merely hosting and providing access as well as providing tools to post and share content. We cannot, and expressly do not, accept any liability regarding such User Provided Content (including with respect to its accuracy). While we cannot preview or monitor User Provided Content, we may apply, at our discretion, automated filtering tools to monitor and/or delete any content that Ancestry believes to be in violation of this Agreement. We reserve the right to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement, illegal or inappropriate content, click here.

 

The decision to upload information to the Ancestry Websites is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting material to the Ancestry Websites, you represent that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). If you submit material to any of the Websites on behalf of a group, organization or business entity, you represent and warrant that you have the right to do so and that you have obtained any consents from the group, organization or business. You agree that you will be liable to us and indemnify us for any loss or damage we suffer as a result of your breach of the foregoing warranties. Upon the request of Ancestry you agree to furnish Ancestry with any documentation, substantiation and releases we deem necessary or appropriate to verify and substantiate your compliance with this provision.

 

By submitting User Provided Content to Ancestry, you grant Ancestry and the Ancestry Group Companies a perpetual, royalty-free, worldwide, sublicensable, transferable license to host, store, copy, publish, transfer, process, analyze, distribute, communicate, display, create derivative works of, and otherwise use your submission for the purposes of providing Ancestry's products and services, conducting Ancestry’s research and product development, enhancing Ancestry’s user experience, and making and offering personalized products and services to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered.

 

You hereby release Ancestry from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if you stop using the Websites or the Service. Ancestry may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant Ancestry a license to the User Provided Content as described above and Ancestry will own the digital version of documents created by Ancestry as well as any indexed information that Ancestry creates. Except for the rights granted in this Agreement, Ancestry acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the content you submit to us. The licenses granted continue for the maximum time permitted by applicable law, even if you stop using the Websites or the Services.

 

You acknowledge and agree that Ancestry may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if Ancestry believes that it is required to do so by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or safety of the Websites, the users, or the public.

 

You may choose to provide Additional User Information about yourself or your family to Ancestry in response to our email surveys, or through our websites or Ancestry’s mobile application. Additional User Information does not include account, profile, payment, or usage details necessary to provide the Service, or any User Provided Content. By voluntarily contributing Additional User Information, you grant Ancestry and the Ancestry Group Companies a royalty-free, worldwide, sublicensable, transferable license to host, transfer, process, analyze, as well as to distribute and communicate on an aggregated, non-identifiable basis, your Additional User Information for the purposes of providing you products and services, conducting Ancestry’s research and product development, enhancing Ancestry’s user experience, and making and offering personalized products and services.

 

Any sharing of Additional User Information with third parties is governed by our Privacy Policy. Ancestry does not share Additional User Information with employers or insurance providers, or third party marketers without your consent. In addition, Ancestry will not share your Additional User Information with law enforcement unless compelled by valid legal process as described in our Privacy Policy. Any sharing of Additional User Information for external research purposes is governed by the Informed Consent.

 

You hereby release Ancestry from any and all claims, liens, demands, actions or suits in connection with your Addition User Information, including, without limitation, errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.

 

5. Subscription, Cancellation and Refunds

Users of the Ancestry Websites may be unregistered visitors, registered guests, or paying members. The different payment options and services offered will be published on the Ancestry Website or at the time a DNA Test, subscription, or other service is offered or renewed. Any terms and conditions applying to such items or services will be incorporated into this Agreement. You must provide Ancestry with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement.

 

Subscriptions

Continuous Service Membership. A subscription is not confirmed until the relevant payment has been validated and credited to Ancestry. Access to the relevant Services shall begin immediately once your payment is validated. The acceptance of these Terms and Conditions by checking the relevant box during the registration and subscription process has the same value as a handwritten signature. After you complete the registration and subscription process you will be sent a confirmation email recalling the terms and conditions of your subscription and your subscription will then commence. It is recommended that you keep this email. Subscriptions are continuous. This means that once you have become a subscribing member, you accept that your subscription will be automatically renewed from one subscription period to the next at the then applicable rate and your payment method will be charged based on the subscription package (annual, biannual, monthly, etc.) you have chosen. Charges should be processed within 24 hours after the subscription request has been submitted by you.

 

Prior Notice of Renewal: In the case of annual and biannual subscriptions, you will be notified by email at least thirty (30) calendar days before your then current subscription will end, notified of the renewal price, asked to correct any information which has changed and given the opportunity to "opt out" of your renewal. By purchasing a subscription you confirm that you are the holder of the payment card or account from which payment will be taken, and/or are authorised to use that payment card or account for the transaction and any renewals.

 

Cancellation and refunds for subscriptions: All first time subscriptions for periods longer than one month can be cancelled at any time within 30 days of the day your subscription commences, and you will receive a full refund for that subscription period. All renewals of subscriptions for periods longer than one month can be cancelled at any time during the 7 days after the date your subscription renews and you will receive a full refund for that renewed subscription period.

 

Refunds are not available in respect of subscriptions or renewals of subscriptions for periods of one month or less. Monthly subscriptions may be cancelled at any time and you will not be billed thereafter.

 

If you wish to cancel your subscription or subscription renewal and claim a refund you must notify us by end of business (5:00 p.m. AEST) on the 30th or 7th day, as applicable, by calling our Member Service number 1-800-251-838 for Australia or 0-800-442-100 for New Zealand (Member Service is available from 9:00 a.m. to 8:00 p.m. AEST (11 a.m. to 10 p.m. NZST) Monday to Friday and from 9:00 a.m. to 4:00 p.m. AEST (11 a.m. to 6 p.m. NZST) on Saturdays and Sundays), or by sending an email to support@ancestry.com.au and providing the following information:


Given name and surname
Username
Subscription type (UK/Ireland collection, etc.)
Email address used when subscribing
Phone number including country code
Country

 

All refunds will be credited to the credit/debit card or account to which your subscription was charged. Please allow a reasonable time for the refund to be charged back to your card or account.

 

Opting Out of Renewal. If you wish to terminate your subscription at the end of your current subscription period you must notify us by end of business (5:00 p.m. AEST) on the 30th or 7th day, as applicable, by calling our Member Service number 1-800-251-838 for Australia or 0-800-442-100 for New Zealand (Member Service is available from 9:00 a.m. to 8:00 p.m. AEST (11 a.m. to 10 p.m. NZST) Monday to Friday and from 9:00 a.m. to 4:00 p.m. AEST (11 a.m. to 6 p.m. NZST) on Saturdays and Sundays), or by sending an email to support@ancestry.com.au and providing the following information:


Given name and surname
Username
Subscription type
Email address used when subscribing
Phone number including country code
Country

 

Please ensure that you correct any information which has changed in respect of your payment details to prevent your subscription lapsing due to us being unable to process your payment. If you do not let us know that you want to terminate your subscription as set out above, the payment for the renewal period of the subscription will still be made. The renewal of the subscription takes place subject to the Terms in force on the date of renewal

 

Prices. The price of Services is expressed in the relevant local currency of the Websites. Acceptable payment methods will be displayed at the time payment is made. Subscription prices may be changed by Ancestry at any time and Ancestry shall provide you with appropriate notice of any change in your subscription price prior to your renewal date by email or other reasonable means such as a notice on the website or in usual member communications. If you do not wish to continue with your subscription due to the new price, you may opt out of renewal as set forth above.

 

Cancellations and Refunds for DNA Tests

You have the right to change your mind and cancel your order for a DNA test and receive a full refund at any time within 30 days of placing the order. To cancel please contact us using the contact details shown below. You will be required to provide the order number on the order confirmation email sent to you by us following the placing of your order. If you cancel your order for a DNA test you will not be able to access any DNA test Results. Your refund will only be provided via the credit card you used to purchase the DNA Services. Please allow a reasonable time for the credit to reach you.

 

Replacement Testing Kits. Should you require a replacement DNA testing kit, you may call Ancestry at 1-800-958-9124 and provide the same information that you provided when you ordered your Ancestry test. Replacement kits are $25 per kit (plus applicable shipping and handling).

 

Consequences of Termination: If you have ordered DNA testing services together with any type of Ancestry subscription as part of a package and elect to cancel your subscription you will retain access to your DNA Results and certain related content, but you will stop receiving updates to that content.

 

6. Communications Between Ancestry and You

We may contact you (via the Websites, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Websites or Service, or of any related products and services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going to your Account page on the relevant Website(s) and changing your preferences. Please see our Privacy Policy for further information on how we manage and process your personal information.

 

7. Modifications to this Agreement

Ancestry has the right, at its sole discretion, to modify this Agreement, as well as the Websites, Content, and the Service, at any time. Changes to this Agreement will be posted on the Ancestry Websites, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Ancestry Websites, Content, or the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your account by following the instructions in this Agreement. Continued use of the Ancestry Websites or the Service following posted changes in this Agreement means that you accept and are bound by the changes.

 

8. Liability Disclaimer

We make no express warranties or representations as to the quality and accuracy of the Content, the Websites or the Service, and we disclaim any implied warranties or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content, the Websites and the Service on an "as is" basis and do not accept responsibility for any use of or reliance on the Websites, Content or Service, or for any disruptions to or delay in the Service. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Websites, Content or Service. Ancestry does not guarantee the adequacy of the Service or Websites or compatibility thereof to your computer equipment, mobile devices, and environment and does not warrant that the Websites, the Service, their servers, or any emails which may be sent from Ancestry are free of viruses or any other harmful components.

 

To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Websites or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Websites and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.

 

You agree to defend, indemnify and hold harmless Ancestry, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites and Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Websites and Service.

 

Ancestry may, from time to time, provide opportunities to users of the Websites to purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. Ancestry makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Ancestry.

 

9. Governing Law; Disputes

By using the Service or the Websites, you agree that the laws of Ireland, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in Dublin, Ireland, and we each agree to personal jurisdiction of the courts located in Dublin, Ireland.

 

If a dispute arises between you and Ancestry, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Ancestry Customer Support by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and Ancestry agree that any dispute or claim relating to your use of the Service or the Website will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and Ancestry both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Ancestry each waive any right to a jury trial.

 

You and Ancestry agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and Ancestry agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement and the termination of your Ancestry account

 

To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Attn: Legal Department, Ancestry, 52/55 Sir John Rogersons Quay, Dublin D02NA07, Ireland. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org.

 

10. Miscellaneous

Termination or Suspension of Your Account. If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to the Websites. In such a case, no portion of your subscription payment will be refunded. We also reserve the right to suspend or terminate your access to the Websites for any reason, and should we decide to suspend your access for any reason other than a breach by you, we will refund to you any unused portion of your subscription payment, which will be your sole and exclusive remedy upon such suspension or termination.

 

Promotions. Any sweepstakes, contests, raffles or other promotions (collectively, "Promotions") made available by Ancestry may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.

 

Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Ancestry, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.

 

Release. You hereby release Ancestry from any and all claims, liens, demands, actions or suits in connection with your membership, your DNA sample, the test or results thereof, including, without limitation, errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.

 

Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.

 

Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

 

Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with the Privacy Statement and any legal notices published on the Websites, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Ancestry.

 

Copyright. The Ancestry Websites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Websites are owned by or licensed to Ancestry. Ancestry and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Ancestry Websites. The licenses granted by Ancestry terminate if you do not comply with this Agreement. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you.

 

11. Contact Us

 

By phone:   1-800-251-838 for Australia or
    0-800-442-100 for New Zealand
 
By Email:  support@ancestry.com.au

 

 

Member Services are available from 9:00 a.m. to 8:00 p.m. AEST (11 a.m. to 10 p.m. NZST) Monday to Friday and from 9:00 a.m. to 4:00 p.m. AEST (11 a.m. to 6 p.m. NZST) on Saturdays and Sundays.

 

For all of the Websites, official correspondence must be sent via postal mail to:

 

Ancestry
Legal Team
52/55 Sir John Rogerson’s Quay
Dublin D02 NA07
Ireland