Date of last update: August 31st 2022
Welcome, and thank you for your interest in Wisdom Panel, a brand of Kinship Partners, Inc, a subsidiary of Mars, Incorporated (“Wisdom Panel,” “we,” “us”). These Terms and Conditions (“Terms” or “Agreement”) constitute a legally binding agreement between you (“you”) and Wisdom Panel and set forth our obligations and responsibilities when you purchase or use Wisdom Panel’s products or services.
The Wisdom Panel brand products and services include but are not limited to: the websites or mobile applications where these terms are posted (“Sites”), products and services offered on those Sites, including Wisdom Panel 2.0, 3.0, and 4.0; Wisdom Panel; Wisdom Panel Essential, Wisdom Panel Premium, Wisdom Panel Complete, MyDogDNA, and MyCatDNA (collectively, the “Wisdom Panel Products”). The Sites and the Wisdom Panel Products are collectively referred to as “Services” in these Terms.
Please read these terms carefully. By browsing the Sites, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Sites. Before registering on the Site, making a purchase, or accessing and using the Services, you must acknowledge that you have read these Terms. Please read these Terms carefully because they constitute a legal agreement between you and Wisdom Panel under which we provide the Services to you. We recommend that you print a copy of these terms for future reference.
To use our Sites and Services, you must be over the age of 16 and have the ability to enter into this agreement and to pay for the Services. If you do not meet this criteria, you must not use our Sites or Services.
IF YOU DO NOT AGREE TO ANY OF THE TERMS SET OUT BELOW, THEN PLEASE DO NOT USE THE SITES OR PURCHASE ANY WISDOM PANEL PRODUCTS.
1. Changes to Terms
We are able to change these Terms, and we will notify you of changes by posting a notice on this webpage or sharing it via e-mail. Whenever possible, we will notify you before we make our changes. If we currently have an active order with you, then our old terms will apply to that order unless we expressly contact you, but if you enter into a new order our new terms will then apply to that order.
We may make minor changes to the Services (a) to reflect changes in relevant laws and regulatory requirements; (b) to implement minor technical adjustments and improvements, for example, to address a security threat; or (c) to update digital content. These changes will not affect your use of the Services.
2. About the Services
Wisdom Panel provides biometric testing and related services for dogs, cats, and other animals (“Pets”). The Wisdom Panel Products are not intended for use with any other type of animal than those specified when you purchase your Wisdom Panel Products. If Wisdom Panel becomes aware that a Sample has been submitted for an animal that is not eligible for testing, Wisdom Panel reserves the right to cancel the order without refund or compensation to you.
When you purchase one of the Wisdom Panel Products, we will send a sample collection kit (“Kit”) to the shipping address listed on your order. The Kit will include, among other things, instructions for how to (i) activate the Kit by creating or accessing your online account (“User Account”); (ii) obtain a suitable sample for the Wisdom Panel Product you have selected (“Sample”); and (iii) return the Sample to Wisdom Panel for analysis. After Wisdom Panel receives and processes your Sample, results will be made available on your User Account.
If you send us a Sample and we cannot process it because the Sample was incorrectly taken or there is insufficient material in the Sample, we will offer you a choice between a refund and a replacement kit.
3. The Services Are Provided for Research, Informational, and Educational Purposes Only
The Wisdom Panel Products and Services are not a substitute for professional veterinary care. Each Pet is unique, and their physical and behavioral traits will be the result of multiple factors, including genetics, biometrics, training, handling, and environment. The Wisdom Panel Products are not intended to diagnose diseases or predict behaviour in any particular Pet.
Unless authorized by us, Wisdom Panel is intended for personal use. This means that Wisdom Panel Products should not be used to prove the pedigree or purebred status of a Pet and you are expressly prohibited from using the Wisdom Panel Products and Services as a way to establish the pedigree of a Pet, or otherwise use the Wisdom Panel Products or Services for any unauthorized purposes. Wisdom Panel shall not be responsible for any unauthorized use of the Wisdom Panel Products. Without limiting any other provisions in this Agreement, in no event will Wisdom Panel be responsible for any harm resulting from the commercial use of the Products and Services.
4. User Accounts
You are solely responsible keeping your password confidential, and you agree to notify Wisdom Panel of any known or suspected unauthorised use of your User Account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your User Account while your password is being used. If you believe someone has used your password or account without your authorisation, you must notify Wisdom Panel immediately. Wisdom Panel has the right to terminate or delete any User Account for violation of these Terms.
5. Kits Not for Resale or Transfer
You confirm that all information you provide to us is accurate. You also confirm that you are entitled to obtain and supply Samples to Wisdom Panel. Unless authorized by Wisdom Panel, Kits may not be resold, transferred, or assigned for any purpose.
6. Additional Information about Specific Wisdom Panel Products
Please read below for Wisdom Panel Product-specific information. Please note that in future Wisdom Panel might offer additional or different Wisdom Panel Products and Services that are not discussed below. In addition, Wisdom Panel reserves the right to offer new Wisdom Panel Products and Services that are not referenced in these Terms.
The images of the products on our website are for illustrative purposes only. The packaging of the product may vary from that shown in images on our website.
a. Breed ID Services
Upon receipt of a Sample, Wisdom Panel will analyse the Pet’s DNA to determine the breed(s) present in its recent ancestry. The Wisdom Panel Products are based upon the Wisdom Panel database of validated breeds. If a Pet’s ancestry contains breeds not represented in our database, the results may identify related breeds that are contained in the database. Similarly, results of using the Breed ID Services may change over time as a result of changes and improvements to the Wisdom Panel databases, available data, and algorithms.
Many countries and provinces have dog breed-specific ordinances and laws that may require special handling or prohibit the ownership of some dogs with a particular breed in their genetic background. Wisdom Panel is not intended to be used by any person or entity to determine whether a particular dog breed is legislated or banned in a particular country or province. Nor are the Wisdom Panel Products intended to be used in any legal proceedings. Rather, they are intended to be used as a tool or resource in determining a dog’s genetic history. Under no circumstances will Wisdom Panel be liable for any damages arising from the use of, or results from, the Breed ID Services used for purposes other than for general interest and information and should not be used as evidence or proof in any capacity whatsoever.
Because each Pet is a product of its unique environment and handling, it may exhibit different traits and behaviors than those listed on the breed detail pages provided in the results. The descriptions of the individual breeds provided by Wisdom Panel in the results are intended to be general in nature. They are not intended to be all-inclusive or definitive.
b. Weight Prediction
A Pet’s weight range can vary significantly depending on age, diet, lifestyle, and exercise. Any weight predictions should be considered good faith estimates only and not a guarantee of future characteristics or health.
c. Genetic Disease Screening
Wisdom Panel’s genetic disease testing screens for more than 200 disease-causing genetic mutations. A full list of the genetic mutations covered by Wisdom Panel’s disease testing can be found at www.wisdompanel.com/en-gb, www.mydogdna.com, and www.mycatdna.com. Other than those included on the list, which may change from time to time, Wisdom Panel does not currently provide screening results for other disease-causing genetic mutations. Although Wisdom Panel disease testing covers a wide range of genetically-linked diseases, it cannot identify every disease or every genetically-linked disease that could affect your Pet. In addition, some genetic diseases may be linked to more than one disease-causing genetic mutation. The Wisdom Panel Products may not screen for every genetic mutation associated with a particular genetic disease. The genetic disease testing is not a substitute for regular and professional veterinary care, nor should it be considered a definitive indicator of your Pet’s health or genetic profile, or predictive of a medical outcome. Even if Wisdom Panel provides you the opportunity to speak to any veterinarians or experts, it is very important that you take your Pet to your veterinarian for regular physical examinations, talk to your veterinarian about any concerns you have with your Pet, and receive their specific recommendations for monitoring, treatment, and diagnostic testing of your Pet. Wisdom Panel Products and Services are not intended to serve as a substitute for personalised veterinary care nor as a diagnostic tool. Such genetic disease testing is for informational purposes only and should not be used as a basis for any decisions about the health of your pet.
d. Genetic Diversity Analysis
Wisdom Panel’s genetic diversity analysis is a service offered in certain Wisdom Panel Products. The genetic diversity analysis is a proprietary process designed and intended to be used on Pets solely to (i) help quantify the genetic compatibility of potential breeding pairs and (ii) identify specific alleles or DNA mutations that are associated with certain inherited diseases or traits. No other purpose is authorised or permitted. It is not intended to diagnose diseases, predict behaviour in any particular Pet, or to be used for non-personal or commercial purposes, including breeding or sale. Wisdom Panel does not guarantee that breeding matches made as a result of the Genetic Diversity Analysis will be successful nor that any offspring shall be free from a genetic disease or inherited traits.
Upon receipt of a Sample, Wisdom Panel will analyse your Pet’s DNA to determine chromosomal similarities and differences in the genetic profile of a potential sire and dam and provide a match analysis. Your Pet’s DNA will also be analysed for the presence of specific alleles that are associated with inherited conditions identified as occurring in your Pet’s breed.
You further acknowledge and agree that future releases of the genetic diversity analysis may refine results as more information is obtained regarding the breed structure and/or if new genetic markers are included. Wisdom Panel shall have no obligation or responsibility to update completed tests.
e. Food and Dietary Recommendations
Wisdom Panel Products, including services such as screening for genetic disease mutations, breed identification, and predicted weight profile, can be used to help craft nutritional and dietary recommendations for your Pet. Each individual animal’s dietary and nutritional needs will vary. Consult with a veterinarian whenever crafting a nutritional plan for your Pet.
f. Other Products and Services
From time to time, Wisdom Panel may offer new or different products or services. Such additional products or services are part of the Wisdom Panel Products and are subject to these Terms.
7. Retention and Use of Test Results and Samples
Your results will be available to you for a period of 18 months, after this period you may no longer be able to access your test results. If you are not able to access your test results you can contact our customer service team and they may be able to retrieve old results. However, we cannot guarantee retrieval will be possible and we therefore recommend saving a copy of your test results as soon as you gain access to them. You acknowledge and agree that Wisdom Panel has no responsibility to, or liability for the failure to, store any messages, test results, other communications, or other content maintained or transmitted by the Services other than as specifically set out within these Terms.
Kits and Samples may be disposed of or stored at Wisdom Panel’s option. Kits and Samples will not be returned to you. User Accounts and the Sites are not intended to provide a permanent record of test results. You acknowledge that you are solely responsible for saving or printing copies of test results if you wish to maintain records of any test results.
8. Ownership of Rights
By purchasing and/or using the Wisdom Panel Products, you acknowledge and agree that Wisdom Panel may use, share, or sell any portion of the Kit, the Sample, test results, and any other data or information collected about Pets, in each case anonymised and with all personal data removed, for research and development purposes, for internal business purposes, for statistical purposes, to improve the Services, to increase the understanding of a breed’s genetic structure or characteristics, or for any other purpose permitted by applicable law, and that such materials or information may be shared with, disclosed or sold to third parties for these or other lawful purposes. You further acknowledge and agree that Wisdom Panel and its designated licensees shall have all intellectual and other proprietary rights in and to any test results, research findings, analyses, reports, records, data, or other information arising from Wisdom Panel’s use of the rights granted herein.
10. Purchases, Shipping, and Delivery
If you place an order for a Wisdom Panel Product, our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you by email and will not charge you for the Wisdom Panel Product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Further, we reserve the right, with or without notice, to cancel or reduce the quantity of products in any order or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms, including but not limited to the prohibition on commercial, non-personal use or resale of the Wisdom Panel Products. Further, we may, at our discretion, require further authorisation, such as a telephone confirmation of your order and other information, from you.
Once we have accepted your order, we will contact you with an estimated delivery date of the Kit. The price of the product will include delivery costs, so to return your Sample to us, simply stick the Sample in the pre-paid return envelope and pop it in the post to us.
We will begin to conduct the testing once we receive your sample at our lab, all testing is estimated to be complete within 2 -3 weeks, and we will notify you once your test results are available for viewing on your User Account.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
11. Prices and Payments
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. You must pay the full price for the product when you check out. We take all reasonable care to ensure that the price of the product advised to you is correct. However, in the event that it is not we will contact you for your instructions before we accept your order.
Unless otherwise specified, all prices are charged in the applicable currency in the location where the order is placed. We accept the following bank or credit cards: Visa, MasterCard, American Express, Maestro and PayPal. We are not responsible for any fees or charges that your bank or credit card issuer may apply.
12. Your Rights to End the Contract
Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing, and when you decide to end the contract:
(a) We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights, for detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back). The Kit and other physical products must be as described, fit for purpose, and of satisfactory quality, and the testing services must be carried out with reasonable care and skill.
(b) If you are ending a contract for a reason set out at (i) to (v) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
i. we have told you about an upcoming change to the product or these terms which you do not agree to;
ii. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
iii. there is a risk that supply of the products may be significantly delayed because of events outside our control;
iv. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
v. you have a legal right to end the contract because of something we have done wrong.
(c) Exercising your right to change your mind (Consumer Contracts Regulations 2013) during the cooling-off period. You have 14 days after the day we email you to confirm we accept your order to change your mind. However, once we have started the testing of your Sample you cannot change your mind, even if the 14 day period is still running. If you cancel after we have posted to Kit to you, you will have to pay the costs of return of any Kit As Kits are sealed for health protection and hygiene purposes, once these have been unsealed (even if they have not been used), you will be responsible for the cost of the Kit which will be notified to you once you inform us you wish to cancel.
13. How to end the contract with us (including if you have changed your mind)
To end the contract with us, please let us know by doing one of the following:
a) Email. Email customer services at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
b) Complete the form [MF1] or simply write to us including details of what you bought, when you ordered or received it and your name and address and email it to firstname.lastname@example.org.
14. Returning the Kits
If you have exercised your right to cancel under section 12(c) you must return the unsealed, undamaged and unused Kits to Hallmark Consumer Services; Green Bank, Saxby Road, Melton Mowbray, Leicestershire, LE13 1FF within 14 days of telling us you wish to end the contract. You must pay for the cost of return. We recommend using tracked delivery to ensure that the Kits are returned to us safely as we will not be responsible for any Kits lost or damaged during its return.
If you are returning the Kits because they are faulty or misdescribed, or because of a reason set out in section 12(b), please contact us for further instructions.
If you have exercised your right to change your mind, we will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price if you have unsealed or damaged any Kits. If you cancel after we have received the Samples, no refund will be provided but you will still receive your test results.
If you are returning the Kits because they are faulty or misdescribed, or because of a reason set out in section 12(b), we will refund you the price you paid for the products by the method you used for payment.
In either case, your refund will be made within 14 days from the day on which we receive the Kit back from you or, if earlier, the day on which you provide us with evidence that you have sent the Kit back to us. If you have already used the Kit and provided us with a Sample, your refund will be made within 14 days from the day on which you inform us you wish to cancel.
16. Referral Program
We may offer you the opportunity to participate in referral programs, including the Wisdom Panel Referral Program, through which you and the person you refer can receive credit towards future purchases of a Wisdom Product (“Referral Programs”). Your participation in any Referral Program, each of which shall constitute a Wisdom Panel “Service” under these Terms, constitutes your agreement to these Terms and any other Referral Program-specific terms communicated to you by us.
By making a valid referral through a Referral Program, you and your referred friend (“Friend”) will receive a discount or credit towards the purchase of future Wisdom Products, as specified at the time you sign up and as may be communicated to you from time to time by Wisdom Panel for special offers. You will be provided with a unique referral link (“Personal Link”) that allows your Friend to receive the benefit or reward stated on the Site. Friends must complete the referral as described in the referral message.
For example, there may be a limitation on the number of Friends you can refer, or if the reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions. Rewards are subject to verification. Wisdom Panel may delay a reward for the purposes of investigation. Rewards cannot be redeemed for cash and cannot be combined with other offers/coupons. Coupon codes, discounts, and credits will be valid for six (6)-months after emailed or delivered. Any referral benefits may only be used towards purchase of certain Wisdom Products as specified at the time you make a referral. They are not transferable and may not be auctioned, traded, bartered, shared, or sold.
By participating in a Referral Program, you agree: not to send multiple emails to the same email address or otherwise use spam or unsolicited commercial email, fax messages, text messages, or telephone marketing; attempt to inflate your rewards by circumventing or otherwise compromising our systems; post ads or links on any third-party website or any third party advertising platforms; or violate any applicable law including data protection and electronic marketing laws, any applicable anti-spam laws, and regulations and guidelines issued by the Information Commissioners Office or the Advertising Standards Authority. If you are notified by us that a person has requested to “opt-out” of receiving emails from you or Wisdom Panel, you may not send further emails to that person’s email address for the purposes of inducing a Referral. Wisdom Panel reserves the right to suspend or terminate a member at any time without notice or explanation.
17. Additional Terms
You agree not to: (1) access, copy, distribute, or otherwise use the Sites or the Services, except as we have set out in these Terms (2) use any automated system, including without limitation “robots” “spiders” or “offline readers”; (3) interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Sites or Services; (4) collect, scrape or harvest any personally identifiable information, including account names, from the Sites or Services; (5) stalk, harass, threaten, bully or harm another individual or transmit any obscenity or pornography; (6) impersonate any person or entity or misrepresent your affiliation with a person or entity; (7) create more than one user account; (8) collect, scrape, or store data about other users; (9) commit fraud; (10) post ads or links on any third-party website or any third party advertising platforms; or (11) violate any law. Without limiting the foregoing, you agree to use the Sites and Services in compliance with all laws and to provide truthful and accurate content in all communications made to us.
Additional or separate terms may also apply to the Wisdom Panel Product(s) you use and purchase, we will let you know what these are when you purchase the product, and they will become a part of your agreement with us if you use those products.
18. Use of Wisdom Panel Content
YOU MAY USE THE SITES AND THE CONTENT OFFERED ON THE SITES ONLY FOR THE PURPOSES SPECIFIED IN THESE TERMS. The Sites include content such as text, documents, records, photos, videos, and other content that is owned by or licensed to Wisdom Panel. You may use this content only as necessary for your personal use, unless otherwise authorized by Wisdom Panel in writing. You may not either directly or through the use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Sites or any portion of such content except as expressly provided in these Terms. You may not use any data mining, robots, or similar data gathering and extraction tools on the Sites, or frame, deep link, publicly display, broadcast, stream, transmit, modify, publish, sublicense, assign or otherwise distribute the content on the Sites without our prior written consent. You may not circumvent any mechanisms included on the Sites for preventing the unauthorized reproduction or distribution of content on the Sites. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Sites, including Wisdom Panel’s servers, computer network, or User Accounts.
Any use of the Sites or the Wisdom Panel Products not expressly permitted by these Terms is a breach of these Terms and may violate U.K. or international copyright, trademark, and/or other laws. If you violate these Terms, your permission to use the Sites automatically terminates.
19. Intellectual Property
The names, trademarks, service marks, and logos of Wisdom Panel belong exclusively to Mars, Incorporated, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any patent or trademark of Wisdom Panel or any third party.
You may provide content to us, including messages, reviews, comments, photos, video, images, folders, data, text, and other types of works (“User Content”) and publish User Content on the Services. By providing User Content to us, including via the Sites, telephone, text message, mail, email, chat, or otherwise, or by publishing or posting any User Content on third-party websites, platforms, or social media websites or applications, you grant us a nonexclusive license to use, share, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your User Content, and derivative works of your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. By providing User Content to us via the Services or otherwise, you affirm, represent, and warrant that: you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Wisdom Panel to use and distribute your User Content as necessary to exercise the licenses granted by you in this section; your User Content, and the use of your User Content as contemplated by these Terms, do not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) contain false or misleading content; or (iv) cause Wisdom Panel to violate any law or regulation or otherwise cause liability for Wisdom Panel; and your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, lewd, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. You expressly agree that Wisdom Panel shall be under no obligation to compensate you for any User Content.
Wisdom Panel is reserves the right, but does not undertake the obligation, to edit or control User Content that you or other users post or publish. If notified that User Content allegedly does not conform to these Terms, we reserve the right (but do not undertake the obligation) to investigate the allegation and determine in our sole discretion whether to remove the User Content, which may do at any time and without notice.
20. Third-Party Websites
The Sites may contain links to third-party websites and services, including academic publications and social media (collectively, “Linked Sites”). Linked Sites are not under the control of Wisdom Panel and Wisdom Panel is not responsible for Linked Sites or for any information or materials on, or any form of transmission received from, any Linked Site.
You cannot resell or assign your rights, duties or obligations under these Terms, and any attempt will not be enforceable. These Terms may be assigned by Wisdom Panel, in our sole discretion, to a third party, and if we assign the Terms, the person or company we assign the Terms to will be able to benefit from them. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. However, we can still sell, transfer or otherwise share some or all of our assets, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential buyer, lender, or investor. In each such event, the personal information we have collected from you, the Samples, test results, and analyses of the Samples, may be among the assets transferred.
22. Disclaimers Of Warranties & Limitations Of Liability
The Site is provided to you “AS IS” and “AS AVAILABLE.” WITHOUT LIMITING THE FOREGOING, WISDOM PANEL DOES NOT MAKE ANY WARRANTIES BEYOND THOSE ON THE FACE OF THE SITE. WISDOM PANEL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED.
WISDOM PANEL IS NOT RESPONSIBLE FOR ANY ERRORS IN OBTAINING THE SAMPLE OR FOR ANY INJURIES OR LOSS THAT MAY OCCUR AS A RESULT, OR 100% ACCURACY OF RESULTS OF SAMPLE ANALYSES.
We are responsible to you for foreseeable loss and damage caused by us. 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. Please carefully note all excluded purposes as detailed in each individual Service explanation to ensure that the product is correct for you. For example, no test results should be used as evidence or proof in any dispute, competition and/or for any commercial purpose whatsoever, including professional and amateur pet breeding If you have any doubt whether our Services are right for you, please contact us for more information. Our tests results are for informational purposes only, and should not be used for any decisions about your pet or their health.
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 and for fraud or fraudulent misrepresentation, and the right to receive products which are: as described and match information we provided to you, of satisfactory quality; fit for any particular purpose made known to us, and that the Services shall be supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT EFFECTING YOUR RIGHTS SET OUT IN SECTION 12(A) , IN NO EVENT SHALL THE TOTAL LIABILITY OF WISDOM PANEL TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE, PURCHASE OF ANY WISDOM PANEL PRODUCTS, ANY COMMUNICATIONS BETWEEN YOU AND WISDOM PANEL (INCLUDING COMMUNICATIONS THROUGH THIRD PARTIES), AND YOUR RIGHTS UNDER THIS AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID WISDOM PANEL IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S)..
23. Complaints Procedure
In the unlikely event that you have a complaint or an issue with one of our Services, please contact us in the first instance. You can telephone our friendly customer service team at 0808-1346-408 or write to us at email@example.com.
24. Dispute Resolution
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
25. Third Party Rights
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
27. No waiver
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 this 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
28. Our rights to end the contract
We may end the contract for a product at any time by writing to you if:
a) you do not make any payment to us when it is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, contact, shipping, and billing information;
c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
d) you do not, within a reasonable time, provide your Sample to us; or
e) you violate these Terms.