Terms and Conditions
The mission of DNA My Horse is to provide competent, accurate, and reasonably cost breed composition testing for horses.
Effective Date: March 1st, 2020
Please read these terms and conditions carefully. They contain important information about your rights and obligations and constitute a binding legal agreement between you and DNA MY Horse and its affiliate companies (“Company,” “we,” “us” or “our”) regarding your use of the Service and Site.
- 1. Binding Terms: These Terms and Conditions shall govern the testing services provided to the undersigned customer ("Customer") by DNA My Horse LLC ("DNA My Horse") or ("Company") in accordance with the DNA Test Sample Submission Form. This is a legally binding agreement between Customer and DNA My Horse.
2. DNA My Horse shall provide testing services to the customer as described on the submission form in accordance with the terms and conditions described below. This constitutes a legally binding agreement between the customer and DNA My Horse.
3. DNA My Horse shall store and process all samples sent by the customer with care and attention for so long as is required to perform the testing undertaken. All samples become the sole property of DNA My Horse, who shall have no obligation to return or subsequently store samples. DNA My Horse retains the right to dispose of remnant sample or utilise these for subsequent research.
4. It is the customer’s responsibility to ensure that he has the legal right to submit a sample from the horse in question. The customer also accepts the responsibility of providing accurate information at the time of purchase; where there are inaccuracies, for example misspelling of names, DNA My Horse reserves the right to make additional administration charges to make corrections.
5. Cautions: A number of factors can impact the accuracy of the Service and test results, including without limitation, your ability to provide sufficient and uncontaminated biological samples as required by the instructions in the DNA Submission Sheet. YOU AGREE WE ARE NOT LIABLE FOR ANY TESTING OR OTHER SERVICE ERRORS CAUSED BY YOU OR YOUR FAILURE TO PROVIDE SAMPLES STRICTLY IN ACCORDANCE WITH KIT INSTRUCTIONS. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, ACCURATE, RELIABLE OR THAT THE SERVICE WILL ACHIEVE OR PRODUCE ANY PARTICULAR RESULT (WHETHER EXPRESSLY SPECIFIED BY YOU OR NOT) Or THAT THE results OF THE SERVICE will be accepted by a particular entity.
- 6. Medical/Veterinary Advice Disclaimer: THE SERVICE AND THE SITE DO NOT PROVIDE MEDICAL ADVICE OR ASSURANCES REGARDING HEALTH OR SAFETY. YOU USE THE SERVICE AND THE SITE AND ANY INFORMATION PRODUCED BY THE SERVICE AND THE SITE AT YOUR OWN RISK. WE DO NOT OFFER MEDICAL ADVICE, DIAGNOSES OR OTHER RECOMMENDATION FOR TREATMENT, OR ENGAGE IN THE PRACTICE OF VETERINARY MEDICINE. THE CONTENT AND OTHER MATERIALS CREATED BY THE COMPANY OR OTHERWISE CONTAINED IN THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL VETERINARY ADVICE, DIAGNOSIS, TREATMENT, OR PUBLIC HEALTH INFORMATION. THE DETERMINATION OF THE NEED FOR MEDICAL SERVICES AND THE TYPES OF HEALTHCARE TO BE PROVIDED ARE DECISIONS THAT SHOULD BE MADE ONLY BY LICENSED VETERINARIAN. ALWAYS SEEK THE ADVICE OF A VETERINARIAN WITH ANY QUESTIONS YOU HAVE REGARDING ANY ACTUAL OR POTENTIAL MEDICAL CONDITION OR SYMPTOMS YOUR HORSE MAY BE EXPERIENCING.
- 7. Certain Definitions: Capitalized terms not defined where they first appear have the following meanings:
(a) “Conditions” means these terms and conditions.
(b) “Contract” means any order submitted for the supply of the Services by the Company to you.
(d) “Request Form” means the pro forma service order form relating to the Service and as provided by the Company via our website at dnamyhorse.com
(e) “Service” means the various testing services provided by the Company, including, but not limited to: DNA-testing services for horses relating to ancestry, horse breed tests, horse allergy tests, horse biological age tests, and all related services including the results thereof.
(f) “Site” means dnamyhorse.com and any other websites and online applications operated by the Company that link to or incorporate these Conditions.
(g) “You” means the person ordering the Service and/or using the Site.
- 8. Conditions of Sale:
(a) These Conditions shall apply to all contents and information available within the Site and 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 form and clicking the “Check Out” button or through a representative, 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 Effective Date of these Conditions is set forth at the top of this webpage. The Company may from time to time alter these Conditions at its discretion. Any changes will be posted on the Site. We encourage you to return to the Site frequently so that you are aware of our current Conditions. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. The changed Conditions supersede all previous versions.
(d) You are responsible for deciding on the suitability of the Service offered for any particular purpose and for the consequences arising.
(e) Features and specifications of the Service we provide described or depicted on the Site are subject to change at any time without notice.
(f) These Conditions do not affect your statutory rights as a consumer.
- 9. 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. The Site or other Company publications concerning the Service may include inaccuracies or typographical errors. The Company is not responsible for any pricing, typographical, or other errors on the Site or in such publications.
(b) The Company must receive payment for the Service before acceptance of your order, which includes testing and issuing results. Via e-mail, you will receive a order an confirmation which will include your order number and details of the Service. 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. Unless other arrangements are made, all Services must be paid in full before the results of the test will be released to you.
(c) You are liable for all transaction taxes for purchases, including any applicable sales, use or value added taxes.
(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) Payment will be processed by the Company’s third-party payment processor, using the preferred payment method you choose, or designate in your account.
(f) All sales are final. Charges paid by you for pending or completed or delivered orders are final. The Company has no obligation to provide refunds or credits, but may grant them, in each case in Company’s sole discretion and in accordance with these Conditions.
(g) If you have ordered a product or service that is subject to recurring charges then you agree to us charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.
10. User Reviews: Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews
11. DNA My Horse warrants that the testing supplied will be in accordance with industry accepted standards and shall be performed with care and competence by suitably trained personnel. DNA My Horse does not accept any liability for any inaccuracies contained in any information obtained from third party sources.
12. The Company reserves the right to cancel or refuse any order for any reason at any stage of the ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or payment issues.
13. Any dates quoted by the Company to you for the provision of the Service are approximate and do not have any contractual effect, and shall not be treated as being of the essence of the Contract. 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.
14. Test results shall only be issued to the ordering party.
15. All customer data shall be stored with due regard and with adherence to the Data Protection Act.
- 16. Restrictions:
(a) You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
(e) You agree not to:
- Use the Site in any way that violates any applicable federal, state, local or international law or regulation;
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
- Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Site; or
- Otherwise attempt to interfere with the proper working of the Site.
17. Intellectual Property Rights: The content on the Sites (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, Sites’ designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Company Content on the Sites is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Sites and Company Content and Marks.
- 19. Links to other web sites: The Sites contains (or you may be sent through the Sites or the Company Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
20. Site Management: Company reserves the right but does not have the obligation to:
(a) monitor the Sites for violations of this Agreement;
(b) take appropriate legal action against anyone who, in Company sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
(c) in Company sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;
(d) in Company’s sole discretion and without limitation, notice or liability to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company's systems;
(e) otherwise manage the Sites in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Sites.
21. Modifcations to Agreement: Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Sites for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
22. Modifcations to Services: To Services Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
23. Disputes Between Users: If there is a dispute between users of the Sites, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
- 24. General Disclaimer; Limitation of Liability:
(a) WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SERVICE BE ERROR-FREE, ACCURATE, RELIABLE OR WILL ACHIEVE OR PRODUCE ANY PARTICULAR RESULT (WHETHER EXPRESSLY SPECIFIED BY YOU OR NOT). THE SITE AND THE SERVICE ARE PROVIDED BY The Company on an “as is” and “as available” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE OR THE SERVICE.
(b) The Company makes no guarantee that the test results will be accepted by a particular entity. If you wish to use the result of our analysis in any court proceedings then we recommend that you obtain independent legal advice.
(c) Except to the extent prohibited by applicable law, in no event will the Company nor any of its officers, directors, employees, agents or other representatives be liable for any direct, indirect, special, punitive, exmplary or consequential damages or losses of whatsoever kind ARISING OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING THE RESULTS PRODUCED BY SUCH SERVICE), ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.
(e) ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
(f) 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.
- 25. Indemnification: You shall indemnify, defend and hold the Company, our suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Company Entities”) harmless 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 or relating to:
- (a) your access to or use of the Site;
- (b) your violation of these Conditions;
- (c) the infringement by you, or any third party using your account, of any intellectual property, privacy or other right of any person or entity;
- (d) your use of the Service;
- (e) the samples you provide to the Company;
- (f) your User Generated Content; or
- (g) performance of testing services. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- 26. Copyright and Monitoring: The contents of the Site, including all information, files, documents, text, photographs and images, are the property of the Company and our licensors, as applicable, and are protected by U.S. and international copyright laws and other intellectual property rights. The Company or its licensors own these rights. 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 these 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. All rights not expressly granted herein are reserved to us and our licensors.
- 27. License: The Company grants you a limited license to access and make personal use of the Site subject to these Conditions. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of the Company.
- 28. Governing Law: These terms and conditions and the testing services provided by DNA My Horse shall be governed by and construed in accordance with the laws of the State of New Jersey, USA without regard to its conflicts of law provisions. Customer hereby consents to jurisdiction of the courts of the State of New Jersey, USA and waives any objection to venue in Hunterdon County.
- 29. General:
(a) These Conditions are made between the Company and you and shall not be assignable by you. The Company may assign these Conditions and sub-contract the performance of the Contract in whole or in part.
(b) The Company reserves the right to seek all remedies available at law and in equity for violations of these Conditions, including the right to remove your account and any contents generated by you on the Site, block your access to the Site and block IP addresses.
(d) All notices shall be given to the Company via email at email@example.com
(e) 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.
(f) 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 and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
(g) No waiver by the Company of any term or condition set forth in these Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. The Company’s failure to insist upon or enforce strict performance of any provision of these Conditions shall not be construed as a waiver of any right.
DNA My Horse
203 Main Street #132, Flemington, NJ 08822