Terms and Conditions

Terms and Conditions – DNA My Horse Australia (Effective Date: May 1, 2024)

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. BY USING THE SERVICES, YOU AGREE TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO.

IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE – AND YOU WAIVE – THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Please see "DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY" (Section 24) and "DISPUTE RESOLUTION" (Section 26) below for more information.

IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT USE THE SERVICES.

1. Binding Terms

These Terms and Conditions govern the testing services provided to the undersigned customer (“Customer”) by DNA My Horse (“DNA My Horse” or the “Company”) in accordance with the DNA Test Sample Submission Form. DNA My Horse’s main operations are based in the United States, and for customers in Australia, we provide a local mailing address for sample submissions (for forwarding to our U.S. facilities), but all testing is performed in the U.S. and billing is processed by our U.S. headquarters. This is a legally binding agreement between Customer and DNA My Horse.

2. Provision of Services

DNA My Horse shall provide the testing services to the Customer as described on the DNA Sample Submission Form, in accordance with these Terms and Conditions. This constitutes a legally binding agreement between the Customer and DNA My Horse.

3. Sample Handling and Ownership

DNA My Horse shall store and process all samples sent by the Customer with care and attention for as long as required to perform the agreed testing. All samples become the sole property of DNA My Horse, which has no obligation to return samples or to store them after testing. DNA My Horse retains the right to dispose of any remaining sample or utilize it for further research.

3a. Breed Analysis Limitations

Upon receipt of a sample, DNA My Horse will analyze the horse’s DNA to determine the breed(s) present in its recent ancestry. DNA My Horse’s breed identification products are based on the Company’s database of horse breeds. If a horse’s ancestry contains breeds not represented in our database, the results may identify related breeds that are in the database. Test results may also be inconclusive if the sample’s DNA does not meet the required parameters for breed analysis (in which case any inconclusive result will be automatically handled with a refund).

4. Legal Right to Submit Samples

It is the Customer’s responsibility to ensure that they have the legal right to submit a sample from the horse in question. The Customer also accepts responsibility for providing accurate information at the time of purchase. If there are inaccuracies (e.g. misspelled names), DNA My Horse reserves the right to charge additional administrative fees to make corrections.

5. Cautions

A number of factors can impact the accuracy of the Service and test results, including (without limitation) the Customer’s ability to provide sufficient and uncontaminated biological samples as instructed in the DNA Submission Sheet. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY TESTING OR OTHER SERVICE ERRORS CAUSED BY YOU OR YOUR FAILURE TO PROVIDE SAMPLES STRICTLY IN ACCORDANCE WITH DNA SAMPLE SUBMISSON INSTRUCTIONS. We do not warrant that the Service will be error-free, accurate, or 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 any particular entity.

6. Medical/Veterinary Advice Disclaimer

THE SERVICE AND THE SITE DO NOT PROVIDE MEDICAL OR VETERINARY ADVICE OR ASSURANCES REGARDING HEALTH OR SAFETY. You use the Service, the Site, and any information produced by them at your own risk. We do not offer medical advice, diagnoses, or treatment recommendations, and we do not engage in the practice of veterinary medicine. The content and other materials created by the Company or contained on the Site are for informational purposes only and are not a substitute for professional veterinary advice, diagnosis, or treatment. The determination of the need for medical or veterinary services and the types of care to be provided should be made only by a licensed veterinarian. Always seek the advice of a qualified veterinarian with any questions you have regarding any actual or potential medical condition or symptoms your horse may be experiencing. Using a proprietary analysis and database, the Service can provide insight into the breed ancestry of a horse and breed-related risks of developing certain diseases. While the Service can help identify risk factors associated with certain conditions, it is not intended to diagnose diseases or predict behavior in any particular horse. In the unlikely event that it is not possible to determine breed history, ancestry, genetic-disease results, to fulfill any other service or product order you requested, or if an error occurs in any analysis conducted by DNA My Horse, liability by DNA My Horse (and related companies and individuals) is expressly disclaimed. Any damages, if awarded, are limited to the payment actually received by DNA My Horse for the specific analysis at issue.

7. Definitions

  • Conditions: these terms and conditions.

  • Contract: any order submitted for the supply of the Services by the Company to you.

  • Request Form: the pro forma service order form "DNA Sample Submission Form" relating to the Service (as provided by the Company via our website at dnamyhorse.com).

  • Service: the testing services provided by the Company, including but not limited to DNA-testing services for horses (e.g. ancestry/breed identification tests) and all related services, including the results thereof.

  • Site: the website dnamyhorses.com and any other websites or online applications operated by the Company that link to or incorporate these Conditions.

  • You: the person ordering the Service and/or using the Site.

8. Conditions of Sale

  • These Conditions apply to all content and information available on the Site and to all Contracts, to the exclusion of any other terms and conditions (including any terms you might attempt to apply under any purchase order, confirmation, request form, or similar document).

  • By ordering the Service on the Site (for example, by adding a test to the shopping cart and clicking “Check Out”) or through a Company representative, you are making a legal offer to purchase the Service pursuant to these Conditions.

  • All sales by the Company are subject to these Conditions. No variation of these Conditions is binding on the Company unless confirmed in writing by a director of the Company. The Effective Date of these Conditions is noted above. The Company may alter these Conditions at its discretion from time to time, and any changes will be posted on the Site. We encourage you to check the Site frequently so that you are aware of our current Conditions. Your continued use of the Site after changes are posted constitutes your agreement to follow and be bound by the Conditions as changed. The changed Conditions supersede all previous versions.

  • You are responsible for deciding on the suitability of the Service for any particular purpose and for the consequences of your decision.

  • Features and specifications of the Service (as described or depicted on the Site or other Company materials) are subject to change at any time without notice.

  • These Conditions do not affect your statutory rights as a consumer (including any rights under the Australian Consumer Law, if applicable).

9. Prices, Payment and Delivery

(a) Pricing: The charges payable by you for the Service are those set out in the current relevant price list(s) published on the Site or as quoted in writing by the Company. The Site or other Company publications about 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) Orders and Acceptance: The Company must receive full payment for the Service before accepting your order (which includes performing testing and issuing results). You will receive an order confirmation via email with your order number and details of the Service. The Company’s acceptance of your order creates a legally binding contract between you and the Company. The Company reserves the right, at its discretion, not to supply you (for example, in cases of suspected fraud or other breach). Unless other arrangements are made, all Services must be paid in full before test results will be released to you.

(c) Taxes: You are liable for all transaction taxes in connection with your purchase, including any applicable sales, use, or value-added taxes.

(d) Payment Details: You undertake that all details you provide to the Company for the purpose of purchasing the Service are correct, that you are the authorized user of any credit or debit card used, and that sufficient funds or credit are available to cover the cost of the Service. We reserve the right to obtain validation of your payment details before providing you with the Service.

(e) Payment Processing: Payment will be processed by the Company’s third-party payment processor, using the preferred payment method you designate in your account or at checkout.

(f) All Sales Final (No Refunds Except As Required): All sales are final (subject to your rights under applicable consumer law). Charges paid by you for pending, completed or delivered orders are considered final. The Company has no obligation to provide refunds or credits except as required by law or these Conditions, but may grant them in its sole discretion. Note: All inconclusive results will always result in refunds.

10. User Reviews

The Company may accept, reject, or remove user reviews in its sole discretion. The Company has no obligation to screen reviews or to delete reviews, even if someone considers a review objectionable or inaccurate. Users posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person or entity being reviewed; (2) reviews should not contain offensive, profane, abusive, racist, or hate language, or 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 legal conclusions (e.g. regarding conduct legality); and (5) reviewers should not post false statements or organize a campaign encouraging others to post reviews (positive or negative). Reviews are not endorsed by the Company and do not represent the views of the Company or any affiliate or partner. The Company assumes no liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant the Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, transferable and sublicensable license to reproduce, modify, translate, transmit, display, perform, and/or distribute the content of your review.

11. Warranty of Service

DNA My Horse warrants that the testing services supplied will be performed in accordance with industry-accepted standards and with care and competence by suitably trained personnel. DNA My Horse does not accept liability for inaccuracies in any information obtained from third-party sources.

12. Order Cancellation by Company

The Company reserves the right to cancel or refuse any order for any reason at any stage of the order process, including after an order has been submitted and whether or not the order has been confirmed. Situations that may result in cancellation include, for example, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, payment or processing issues, or samples that result in inconclusive results. Cancelled orders by the the Company will be refunded.

13. Turnaround Time

Any dates quoted by the Company for provision of the Service (such as estimated turnaround times) are approximate and not guaranteed. Time is not of the essence unless explicitly stated. The Company will not be liable for any direct or indirect loss or damage caused by any delay in performing the Service.

14. Result Delivery

Test results will only be issued to the ordering party or the email address provided on the DNA Sample Submission Form.

15. Data Privacy

All customer data shall be stored with due regard and in accordance with applicable data protection and privacy laws (including the Australian Privacy Act 1988 (Cth)). The Company will handle personal information in accordance with its Privacy Policy.

16. Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you, or logging into a server or account which you are 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 of it without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You also agree not to do any of the following:

  • 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 material on the Site.

  • Use any manual process to monitor or copy any of the material 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.

  • Otherwise attempt to interfere with the proper working of the Site.

17. Intellectual Property Rights

The content on the Site (“Company Content”) and the trademarks, service marks, and logos contained therein (collectively, the “Marks”) are owned by or licensed to the Company and are protected by United States and foreign copyright laws and international conventions. Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks, or trade dress of the Company in the United States and/or other countries. The Company’s trademarks and trade dress may not be used (including as part of other trademarks or domain names) in connection with any product or service in any manner likely to cause confusion. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

The Company Content on the Site is provided “AS IS” for your information and personal use only. It may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without prior written consent of the respective owners. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and 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. The Company reserves all rights not expressly granted to you in and to the Site, Company Content, and Marks.

18. User Submissions

Except for any personally identifiable information we collect from you under our Privacy Policy, all materials, information or other communications that you transmit, upload, or post to the Site (including ideas, comments, suggestions, feedback, data, or other content, collectively “User Generated Content”) will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to User Generated Content. Furthermore, by submitting User Generated Content, you assign to the Company all intellectual property rights you have in such content. You agree that the Company is free to use any User Generated Content, without limitation and without compensation to you, for any purpose whatsoever, in identifiable or de-identified form.

19. Links to Other Websites

The Site may contain (or you may be sent via the Site or the Services) links to third-party websites (“Third Party Websites”), as well as content or items belonging to or originating from third parties (“Third Party Content,” e.g. articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, or other content). Such Third Party Websites and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of those Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement by us. If you decide to leave the Site and access Third Party Websites or to use or install Third Party Content, you do so at your own risk. Note that our terms and policies no longer govern when you leave the Site; you should review the applicable terms and policies (including privacy and data gathering practices) of any third-party site or application. Any purchases you make through Third Party Websites are made through those websites and from the applicable third party, and the Company takes no responsibility in relation to such purchases, which are exclusively between you and the third party.

20. Site Management

Company reserves the right (but has no obligation) to:

  • Monitor the Site for violations of this Agreement;

  • Take appropriate legal action against anyone who, in the Company’s sole discretion, violates this Agreement (including, without limitation, reporting such user to law enforcement authorities);

  • In the Company’s sole discretion and without limitation, refuse to allow access to the Site or any portion of the Site, or disable any user’s contributions that may violate this Agreement or any Company policy;

  • In the Company’s sole discretion and without limitation, remove from the Site or otherwise disable all files and content that are excessive in size or burdensome to the Company’s systems; and

  • Otherwise manage the Site in a manner designed to protect the rights and property of the Company and others and to facilitate the proper functioning of the Site.

21. Modifications to Agreement

The Company may modify these Terms from time to time. All changes to these Terms will be posted on the Site, and the “Effective Date” at the top will be updated. Revisions will be indicated by the effective date. You agree to be bound by any changes to these Terms when you use the Company Services after any such modification becomes effective. The Company may, at its discretion, also notify users of material changes via email to the last email address provided by you. It is very important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any changes. You agree that you will periodically check the Site for updates to these Terms and carefully review any messages we send about changes. Modifications to these Terms are effective once posted (or as otherwise stated upon posting).

22. Modifications to Services

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (in whole or in part) with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

23. Disputes Between Users

If there is a dispute between users of the Site, or between a user and any third party, you understand and agree that the Company has no obligation to become involved. In the event that you have a dispute with one or more other users, you release the Company (and its officers, employees, agents, and successors) from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, arising out of or in any way related to such disputes and/or the Services.

24. General Disclaimer & Limitation of Liability

(a) We do not warrant that access to or use of the Site will be uninterrupted or error-free, or that defects in the Site will be corrected. We do not warrant that the Service will be error-free, completely accurate, or reliable, or that the Service will achieve any particular result (whether or not specified by you). 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, the Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the information, content or materials on the Site, or the Service.

(b) The Company makes no guarantee that the test results will be accepted by any particular entity or organization. If you wish to use the result of our analysis in any court proceeding or official context, we recommend that you obtain independent legal advice regarding its admissibility.

(c) Except to the extent prohibited by applicable law, in no event will the Company or any of its officers, directors, employees, agents, or other representatives be liable for any direct, indirect, special, punitive, exemplary, or consequential damages or losses of any kind arising out of or in connection with the Service (including the results produced by the Service), your access to or use of the Site or any Site-related services, or any information, content, or materials included on the Site. This limitation applies whether or not the Company has been advised of the possibility of such damages and regardless of the theory of liability (contract, tort (including negligence), strict liability, violation of statute, or otherwise).

(d) Your sole remedy for dissatisfaction with the Site, Site-related content or services, any linked site, or the Service is to stop using the Site and the Service. To the extent any aspect of the foregoing limitations of liability is not enforceable, our maximum liability to you with respect to your use of the Site and any Service is the lesser of US $69.99 or the amount you paid for the Service. The foregoing limitations apply even if any remedy fails of its essential purpose.

(e) Any claim arising in connection with your use of the Site or the Service must be brought within one (1) year of the event giving rise to such action, or else the claim is barred.

(f) Notwithstanding the foregoing, none of the exclusions or limitations in this section are intended to limit any rights you may have as a consumer under local law or other statutory rights (for example, under the Australian Consumer Law) which may not be excluded, nor 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.

(g) Australian Consumer Law: If you are a consumer in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law accc.gov.au. Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you have under the Australian Consumer Law, and any term that would do so is void to that extent. For example, you may be entitled to a replacement, refund, or compensation for reasonably foreseeable loss if our service fails to meet a consumer guarantee under the Australian Consumer Law accc.gov.au.

25. Indemnification

You agree to indemnify and hold harmless the Company, its suppliers, licensors, partners, and the officers, directors, employees, agents, and representatives of each of them, from any claims, losses, costs, or expenses (including reasonable legal fees on an indemnity basis) arising out of or relating to:

  • your access to or use of the Site

  • your violation of these Terms

  • your infringement (or infringement by anyone using your account) of any intellectual property, privacy, or other right of any person or entity

  • your use of the Service

  • any samples you provide to the Company

  • any User Generated Content you submit

  • the Company’s performance of the testing services for you

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with our defense of such claims. You will not 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. DISPUTE RESOLUTION

These Terms are governed by and construed in accordance with the internal laws of the State of New Jersey, USA (without giving effect to conflict of law principles). However, if you are an Australian consumer, you may have certain rights under Australian law that apply in addition to or instead of some provisions of these Terms, and nothing in these Terms removes or reduces those rights. This Agreement is binding on the parties in the United States and (to the extent legally permissible) worldwide. (For clarity, the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.)

YOU AND DNA MY HORSE AGREE that (to the fullest extent permitted by applicable law) any claim or dispute will be resolved by binding arbitration as specified in this Section 26, and that you and DNA My Horse waive the right to bring such claims before a court of law (except where applicable law provides otherwise).

YOU AND DNA MY HORSE FURTHER AGREE (to the fullest extent permitted by applicable law) THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING (except where such a waiver is not permitted by law). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and DNA My Horse (including its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliates, collectively the “DNA My Horse Parties”) arising from or relating to these Terms, their interpretation, or the breach, termination or validity thereof, or the relationships which result from these Terms (including disputes about the validity, scope, or enforceability of this agreement to arbitrate) (each a “Covered Dispute”) will be settled by binding arbitration in the State of New Jersey, USA, administered by the American Arbitration Association (“AAA”) in accordance with its International Arbitration Rules in effect at the time.

Before initiating any arbitration, the party intending to seek arbitration must first provide the other party with at least 60 days’ prior written notice of its intent to file for arbitration. DNA My Horse will provide such notice by mail or email to the contact information on file for you, and you must provide such notice by mail to DNA My Horse, Attn: Legal Department, 203 Main Street #132, Flemington, NJ 08822, USA.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. However, if you demonstrate that the costs of arbitration would be prohibitive as compared to the costs of litigation, DNA My Horse will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert are frivolous, you agree to reimburse DNA My Horse for all fees associated with the arbitration that we paid on your behalf which you would otherwise be obligated to pay under the AAA’s rules.

A single arbitrator will be selected in accordance with the AAA’s Commercial Arbitration Rules. The arbitration shall be conducted in English. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity. The arbitrator’s award will be final and binding on each party, and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not have the power to award punitive or exemplary damages (each party waives any right to such damages). The arbitrator will apply applicable law and the provisions of these Terms, and failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must include a written explanation, and the proceedings shall remain confidential.

DNA My Horse and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither DNA My Horse nor you will arbitrate any Covered Dispute as a class, representative, or private attorney general action, and the arbitrator has no authority to conduct class or representative proceedings. If any provision of this agreement to arbitrate in this Section 26 is found unenforceable, that provision will be severed and the remaining arbitration terms will be enforced (but in no event will there be a class or representative arbitration). Regardless of any statute or law to the contrary, notice of any claim arising from or related to these Terms must be made within one (1) year after such claim arises, or it will be forever barred. (For purposes of this Section, these Terms and related transactions are subject to and governed by the United States Federal Arbitration Act, 9 U.S.C. §§ 1–16.)

Please Note: If you are a consumer outside the United States (for example, in Australia), nothing in these Terms is intended to limit or waive any rights or claims you may have under the laws of your country which cannot be excluded. In particular, if you are an Australian consumer, you have certain statutory rights under the Australian Consumer Law which are not excluded by these Terms. The above provisions of this Section 26 apply except to the extent they are held unenforceable under applicable law.

(Legal Notice to New Jersey residents: The provisions in this section that (i) limit the period of time within which a claim may be asserted against DNA My Horse, and (ii) exclude certain damages, do not apply to New Jersey residents.)

27. Termination

These Terms will automatically terminate if you fail to comply with any of your obligations hereunder. DNA My Horse may also terminate or suspend your access to the Services (including the Site) at any time, with or without notice, for any reason. Termination will not limit any of DNA My Horse’s other rights or remedies. Sections 26, 24, and 25 (and any other provision which by its nature should survive) will survive termination of these Terms.

28. Copyright and Monitoring

The contents of the Site (including all information, files, documents, text, photographs, images, and other materials) are the property of the Company and/or our licensors and are protected by U.S. and international copyright laws and other intellectual property rights. The Company or its licensors own all such rights. All product and company names and logos mentioned on the Site are the trademarks, service marks, or trade names of their respective owners (including the Company’s marks).

You may download material from the Site only for the purpose of placing an order with the Company. You may also download, save, or print a copy of these Terms for your personal reference. 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 Site (including but not limited to text, graphics, code, and/or software) without the Company’s prior written consent, except where the Site expressly invites you to do so (for example, via forms or questionnaires). All rights not expressly granted herein are reserved by the Company and its licensors.

29. License

The Company grants you a limited license to access and make personal use of the Site, subject to these Terms. The Site (or any portion of it) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the Company’s express prior written consent.

30. Governing Law

These terms and conditions, and the 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 conflict of law principles). Nothing in these Terms limits the application of any consumer protection laws (such as the Australian Consumer Law) that may apply for your benefit. You agree to submit to the jurisdiction of the courts of the State of New Jersey, USA for the resolution of any disputes, and you waive any objection to venue in New Jersey, except to the extent that applicable law provides you the right to bring an action elsewhere.

31. General

  • These Conditions are made between the Company and you and shall not be assignable by you. The Company may assign these Conditions and/or subcontract the performance of the Contract (in whole or in part) at any time.

  • The Company reserves all rights and remedies available at law or in equity for any violations of these Terms, including the right to remove your account or any content you have posted on the Site, block your access to the Site, and block IP addresses.

  • These Terms (together with our Privacy Policy and any order form and payment instructions) constitute the entire agreement between you and the Company, superseding any prior or contemporaneous agreements, communications, and proposals (whether oral or written). You acknowledge that you have not entered into this Contract in reliance on any warranty or representation not expressly set out in these Terms or the Privacy Policy. You waive any rights or remedies you may have for any misrepresentation that is not expressly included in these Terms, our Privacy Policy, or order documentation.

  • The Company shall not be liable for any failure or delay in performing its obligations under the Contract if that failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, strikes, lockouts or other industrial action, breakdown of systems or network access, flood, fire, explosion, pandemic, government orders, or other force majeure events.

  • If any part of these Terms is held to be unenforceable, the unenforceable portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. The remaining provisions of these Terms shall remain in full force and effect.

  • No waiver by the Company of any term or condition set forth in these Terms 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 Terms shall not be construed as a waiver of any right or provision.

Contact Us

DNA My Horse
203 Main Street

Suite B

132

Flemington, NJ 08822 (USA)

For Australian customers: The above address is to our headquarters. Samples are to be mailed to:

DNA My Horse
Suite FR1588
PO BOX 491
Kellyville, SW 2155

 You may also contact us via our website or email for any questions regarding these Terms.