Terms of Service
These Terms of Service (“Terms”) govern your use and/or purchase of the WoofDNA Services.
These Terms constitute a legally binding agreement between you and Wellness Niyamas LLP (hereinafter referred to as “Company”, “we” or “our”, which expression shall, unless repugnant to the context herein, include its successors and assigns) pertaining to your use of the website www.woofdna.in and its subdomains (“Website”) and purchase and/or use of the WoofDNA Services. By accessing the Website and/or by clicking "I agree", you agree to be bound by these Terms. You represent and warrant that you are at least 18 years of age and capable of entering into and complying with these Terms. If you are under 18, you may use the Website or Services only under the supervision of a parent or legal guardian through their registered account. You agree to register before providing any information or using other features, and to provide accurate details including your name, age, email, address, and contact number. You hereby consent to our use of your email address, contact number or other personally identifiable information to send you messages, information, updates, communications or other notifications. This applies to all Users of the Website and/or the WoofDNA Services as well as all Vets.
- Definitions.
- “Biobanking” refers to the secure storage of DNA or biological materials for future analysis or research.
- “Content” means and includes, without limitation, all information, data, text, music, sound, photographs, graphics, video, messages, software, and other materials, whether in textual, visual, audio, or any other format, made available on or through the Website or the Services.
- “Company Content” refers to all content owned, developed, or licensed by the Company, including but not limited to proprietary materials, trademarks, logos, and branding made available through the Site or the Services. For clarity, Company Content excludes Third Party Content and User Suggestions.
- “Sample” refers to the biological material submitted to us for testing and provision of the Services.
- “Services” refers to the canine DNA testing and analysis services offered by the Company, including but not limited to: (i) Sample collection from pet owners, (ii) laboratory processing of the Samples, (iii) bioinformatics analysis and preparation of genetic reports, and (iv) delivery of such reports and related content or features through our Website.
- “Test Results” refers to the genetic analysis and reports provided by us based on the submitted samples.
- “Third Party Content” refers to any content that is not owned by the Company, including User Submissions and content submitted, posted, or otherwise provided by third parties. You may have access to, or be able to view, use, or interact with, third-party services, content, resources, or information through the Website or the Services.
- “User Submissions” means and includes any text, data, images, photographs, videos, audiovisual content, hypertext links, comments, reviews, or other materials that you, as a User, are permitted to upload, post, submit, transmit, or otherwise provide to us through the Website or the Services. This may include, but is not limited to, pet-related information, sample registration details, photographs of your pet, and any other content provided in connection with the use of the WoofDNA Services.
- “Vet” refers to any veterinarian that is onboarded by us for the purposes of the Vet Program (defined below) in accordance with these Terms.
- “WoofDNA” refers to the brand name of the canine DNA testing service provided by the Company.
- “You,” “User,” or “Customer” refers to a purchaser and/or user of WoofDNA Services, and where applicable, shall be deemed to include Vets (defined below).
- Changes.
- Company reserves the right to suspend or discontinue any Services or make modifications or alterations to any of its Services (including the Website), at any time, without prior notice to you. Any changes to these Terms will be posted to the Website for your reference to enable you to understand your responsibilities as a consumer.
- Company may, at its sole discretion, suspend, cancel or modify our referral offers or functionalities and any terms and conditions thereto, at any time. You acknowledge that following any suspension, cancellation or changes, the associated referral links or codes may not be functional. You agree and acknowledge that you are solely responsible for reviewing and understanding any active offers and their associated terms, and you shall be bound by changes made to such terms from time to time.
- Our Services.
- Upon purchasing our Services, you will receive a WoofDNA testing kit (“Test Kit”) for collecting a saliva sample of your pet. Once the sample has been collected in accordance with the instructions provided, either (a) the Company will arrange for the Sample to be picked up from the address of delivery, or (b) you may be required to send the Sample back to us, as communicated at the time of purchase. . Once the saliva sample is collected and returned to us, it will be forwarded to our designated partner laboratory for DNA extraction and initial processing. The processed data will then be analyzed by our partner to generate a genetic report for your pet. We will then deliver this final report to you through your account on our Website and to your registered email ID. The resulting report will reflect your pet’s genetic information based on current scientific methods and data models.
- Upon purchase, you will be entitled to redeem the Test Kit for the Services. However, please note the following terms regarding Sample collection, expiration, and processing:
- Sample Integrity:
It is your sole responsibility to follow the Sample collection guidelines provided in the Test Kit. Failure to adhere to these instructions may result in unusable Samples, for which Company cannot be held responsible.
Each Test Kit contains sample collection materials intended for single use only. Orders and Test Kits are non-transferable and must be used only for the pet registered at the time of purchase. The swabs provided in the Test Kit have a limited shelf life, and all Samples must be collected and submitted to us within 6 (six) months from the date of purchase (“Expiration Date”). If a Sample is not submitted before the Expiration Date of a Test Kit, Company shall have no obligation to process the Sample or provide the Services. If the Company, at its sole discretion, agrees to process a Sample submitted after the Expiration Date, you acknowledge and accept that the accuracy of the Results may be compromised or may not be complete accurate, and the Company shall not be liable for any errors, omissions, or inaccuracies in such Results.
- Sample Processing Timeline
Once a properly collected Sample is received by us, the typical processing time is approximately four to six (4–6) weeks. While every effort is made to adhere to this timeline, unforeseen delays may occur. In the event of a significant delay, we will make reasonable efforts to notify you.
- Sample Storage and Biobanking
By submitting a Sample to us, you grant the Company permission to use de-identified genetic data derived from the Sample for internal research, development of new products or features, quality control, and scientific publication. You may opt out for such use at any time by contacting us at support@woofdna.in. Withdrawal of consent shall not affect the lawfulness of data usage prior to the date of withdrawal. If no preference is indicated, we will assume your implied consent for standard retention. All collection, storage, and processing of Samples and associated data shall be governed by these Terms and our Privacy Policy available at [*], which is incorporated herein by reference.
- Customer Responsibilities for Sample Collection
You are solely responsible for collecting the Sample using the instructions provided in the WoofDNA Test Kit. Failure to follow the collection or shipping guidelines (such as improper handling, contamination, or damage to the Sample) may result in delays, inability to process the Sample, or inaccurate results, and Company shall bear no liability for the same. Company shall also not be liable for delays caused by third-party logistics or any issues arising from improper handling by you after delivery of the Test Kit.
By submitting the Sample, you provide your informed and voluntary consent for us to analyze the Sample and to use the resulting genetic and related data in accordance with these Terms and the Privacy Policy. In case of multiple pets being tested simultaneously the onus of matching the samples with the correct pets lies with the User bases the details entered in the ‘My Kit’ tab on the website
- Testing Accuracy and Limitations
Company uses advanced genetic testing technologies and works with reputable laboratory and bioinformatics partners to deliver high-quality results; however, no genetic test is 100% accurate. Our breed and trait predictions are generated using statistical comparisons against a curated genetic reference panel. These predictions are not definitive and are based on current scientific research and reference databases. Breed composition percentages and trait likelihoods may evolve over time as the Company’s database grows and scientific models are refined.. Some parts of the Results may be generated using predictive modeling, artificial intelligence, and machine learning algorithms. These methods are probabilistic and subject to change as models are updated. Company makes no warranties regarding the completeness or accuracy of insights derived from algorithmic analysis. The genetic testing services and results provided by us are intended solely for informational, educational, and general wellness purposes and do not constitute, and are not intended to constitute, veterinary or medical advice, diagnosis, or treatment. For any health-related concerns or decisions regarding your pet, you must consult a licensed veterinarian. You understand and agree that any reliance on the Test Results shall be at your sole risk and discretion. Company disclaims all liability for any decisions made, or actions taken or not taken by you or any third party, based on the Test Results.
Company may, from time to time, update previously issued genetic reports based on improvements to testing technology, analysis algorithms, or expansion of its reference database. While such updates may be made available to you at the Company’s discretion, they do not constitute a commitment to provide ongoing updates or a warranty of accuracy.
- Right to Cancel or Limit Orders
The Company reserves the right, at its sole discretion, to cancel, reject, or limit any order placed through the Website or Services with or without prior notice and without any liability. This may occur for various reasons, including but not limited to unavailability of Test Kits or laboratory capacity, errors in order information or pricing, suspected misuse or abuse of the Services, regulatory restrictions, or concerns regarding the authenticity or viability of submitted Samples.
In the event an order is cancelled or modified after payment has been processed, the Company will initiate a refund in accordance with its refund policy specified in these Terms. The Company also reserves the right to impose limits on the number of Test Kits or services that may be ordered by a single individual, household, or account, to ensure fair access to Services and prevent misuse.
By placing an order, you acknowledge and agree that receipt of an order confirmation does not constitute acceptance of your order by the Company, and that the Company may review and verify order details before fulfilling or declining any request.
We also offer a gifting feature accessible via the “Gifting” banner on the Website, allowing Users to purchase and send a Test Kit to another individual (“Gift Recipient”) by providing their personal details, such as name, email address, delivery address, and mobile number. By using this feature, you confirm that you have obtained the Gift Recipient’s consent to share their personal details with the Company for use, storage and processing of their data as per the Privacy Policy, to ensure their agreement to these Terms and to enable their participation in the Services. You agree to indemnify and hold harmless the Company from any claims, liabilities, or damages arising out of your failure to obtain such consent. For a Test Kit purchased for a Gift Recipient, we will issue the invoice bearing the Gift Recipient’s name and dispatch the Test Kit to the Gift Recipient as per the provided information. The Gift Recipient will be required to create their own WOOFDNA account to activate the Test Kit, submit a Sample, and access the Results, and will be automatically deemed a User and shall be bound by these Terms. All standard terms hereunder relating to kit usage, sample analysis, refunds, and overall service conditions will apply equally to Gift Recipients under these Terms.
We may make the Services available for purchase through authorized third-party vendors or alliance partner websites or platforms (“Partners”). By purchasing our Services through such Partners, you acknowledge and agree that the sale is governed by these Terms and the Privacy Policy, and Company is not responsible for the content, terms, or policies of such Partner’s websites or platforms. In all cases, creation of a WoofDNA account is a prerequisite to avail the Services.
Company may, from time to time, offer products or services provided by third parties. Any use or purchase of such offerings shall be governed by the respective third-party terms and conditions. Company disclaims all liability arising from third-party offerings.
- Vet Program
- We also operate a WOOFDNA Vet Program (“Vet Program”) under which we onboard Vets to educate their clients about the benefits of our most comprehensive Genetic Testing Services, and assign them unique referral codes for doing the same. Their customers can then independently and on their own accord purchase the Services on the Website. Vets may also independently approach us and enroll themselves into the Vet Program at Company’s discretion. Participating Vets will receive a fixed referral fee for each User purchase made using the Vet’s referral code.
- Only registered veterinary professionals duly licensed to practice in India may participate in the Vet Program. By enrolling in the Vet Program, the Vet represents and warrants that they are authorized to practice in India and are in compliance with all applicable professional and regulatory standards. As a condition precedent to enrolment, each Vet must execute a separate affiliate partnership agreement with the Company, which will be shared with the Vet at the time of enrolment and shall be binding in addition to these Terms and the Privacy Policy. Vets expressly acknowledge that their participation in the Vet Program is contingent upon execution of such agreement and continued adherence to its terms, along with these Terms and the Privacy Policy.
- By participating in the Vet Program, all Vets agree to be bound by these Terms and the Privacy Policy, as updated from time to time. These Terms and the Privacy Policy shall apply to Vets with the same force and effect as they apply to any User of the Services or Website, including but not limited to Access and Use, User Submissions, Indemnification, Limitation of Liability and Intellectual Property Rights. Company reserves the right to modify, suspend, or discontinue the Vet Program,at any time without liability.
- Results generated by us are intended for informational purposes only and are not a substitute for professional veterinary advice, diagnosis, or treatment.
- Access and Use.
- To access the WoofDNA Services, you will be required to create an individual user account by selecting a username and password or by using your mobile phone number which will be used to authenticate your account. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. The Company does not permit the sharing of your account or password with any other person, the caching of any part of the Website in proxy servers and access by individuals who have not registered with the Company, or the use of a single account and password by multiple users within a networked environment.
- If the Company has reasonable grounds to believe that your account or password is being used in an unauthorized or improper manner, it reserves the right to immediately suspend or terminate your access without notice and may block access to all users from the associated IP address.
- You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. While the Company will not be liable for any loss you may incur as a result of someone else using your account or password, you may be held liable for losses suffered by the Company or any third party due to such unauthorized use. If any communication sent to the email address associated with your account is returned as undeliverable or invalid, the Company reserves the right to terminate your account immediately, with or without notice, and without any liability to you or any third party.
- As a condition of your use of the Website and Services, you will not use the Website and/or Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server, or interfere with any other party's use and enjoyment of the Website or Services. You may not attempt to gain unauthorized access to any other accounts, computer systems or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services.
- You represent and warrant that all information you provide to us in connection with your use of the Website and Services is true, accurate, and complete to the best of your knowledge. Company reserves the right to refuse, suspend, or terminate your access to the Website or Services, whether in whole or in part, at any time, with or without notice, and without liability, if it believes in its sole discretion that you have violated these Terms or provided false or misleading information. Failure to comply with these Terms may result in immediate suspension or termination of your account and access to any related Services.
- We may collect and disclose to our business partners and their regulators certain personal information as set forth in our Privacy Policy, including without limitation in connection with applicable law.
- User Submissions.
- By submitting any User Submissions through the Website or Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license (with the right to sublicense) to use, copy, modify, adapt, display, distribute, and otherwise exploit such content for the purposes of providing and improving our Services, including incorporating it into reports or communications in any format or medium now known or hereafter developed, for the purpose of operating, promoting, marketing, improving, and publicizing the Services or the Company’s business. Company does not claim ownership over any User Submissions. However, you acknowledge that once shared through the Website or Services, such content may be accessible to others, and the Company is not responsible for third-party use of any User Submissions during that period.
- You remain solely responsible for the User Submissions and represent that you own the content or have all necessary rights to share it and to grant us the above license. You also confirm that the User Submissions do not infringe any third-party rights or violate applicable laws. No compensation will be owed to you or any third party for our use of the User Submissions. You confirm that any identifiable individuals (including your veterinarians) whose personal information or images are included in the User Submissions have provided their consent for such use.
- Company will not use any User Submissions that contain personally identifiable information for marketing purposes without obtaining your explicit consent, except where such use is limited to non-identifiable, aggregated, or anonymized forms as provided in our Privacy Policy.
- We may refuse to display, or may remove, any content that it believes violates law, infringes rights, or is otherwise inappropriate, without notice. The Company is not responsible for monitoring third-party content or User Submissions and does not guarantee their accuracy or suitability. Use of such content is at your own risk, and we disclaim all liability arising from it.
- You shall not host, display, upload, modify, publish, transmit, store, update or share any information on the Website, that —
- belongs to anotherperson and to which you do not have any right;
- is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling (or an online game that causes harm or is detrimental to a User or a child) or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government;
- impersonates another person;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
- is in the nature of an online game that is not verified as a permissible online game;
- is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;
- contains software virus or any other computer code, file or program designedto interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intentto mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or
- is misinformation powered by AI or deepfakes.
- Violation of the foregoing provisions may attract legal consequences, including penal sanctions under the Bharatiya Nyaya Sanhita, 2023 (BNS), the Information Technology Act, 2000 (IT Act), and other applicable laws. Offenses may be prosecuted under, but are not limited to, Sections 153, 292, 293, 354C, 419, 465, 469, and 505 of the BNS; Sections 43, 66, 66E, 66D, 66F, 67, 67A, and 67B of the IT Act; Section 29 of the Trade Marks Act, 1999; and Sections 51 and 63 of the Copyright Act, 1957.
- All User Submissions are subject to applicable laws in India and may be removed or disabled and may also be investigated under law. If you violate these Terms, the Privacy Policy, or any law, we may block or terminate your access to the Website or your account and remove non-compliant content, without notice. Any unlawful content may also be taken down upon notice from a government authority or court order.
- We reserve the right to retain records of user content as required under applicable laws.
- Intellectual Property Rights.
- Unless expressly stated otherwise, all content, data, designs, reports, graphics, audio-visual elements, software, and other materials presented on or generated through the Website or as part of the Services (including without limitation DNA reports, analysis formats, branding elements, and marketing materials) are the exclusive intellectual property of the Company and are protected under applicable intellectual property laws. This includes all trademarks, service marks, logos, product names, and proprietary content, whether owned by the Company or licensed from third-party partners or service providers.
- You acknowledge that the design, structure, and underlying code of the Website and Services are proprietary to us and protected under applicable intellectual property laws in India. You therefore agree not to: (i) use the Services for any commercial purpose on behalf of a third party; (ii) modify, adapt, create derivative works from, or enhance the Services or any part thereof; or (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services. You further agree not to sell, sublicense, disclose, publish, or distribute the Services or any part thereof, including any copies, enhancements, or adaptations without the written consent of the Company.
- You agreenot to use any framing techniques to enclose any trademark, logo, report design, or proprietary content belonging to the Company or its partners. You shall not copy, reproduce, republish, upload, post, transmit, or distribute any material from the Website or generated through the Service without prior written consent of the Company, nor shall you remove, conceal, or alter any copyright notice, trademark, or other proprietary markings on the Website or in your personalized WoofDNA reports.
- Any unauthorizeduse or infringement of our intellectual property rights, including the unauthorized reproduction or commercial use of DNA reports, data insights, or analysis templates, will be actively defended and pursued to the fullest extent permitted by law.
- We welcome any feedback, ideas, or suggestions you may choose to provide (collectively, “UserSuggestions”) to us. By submitting any User Suggestions to the Company, you hereby acknowledge and agree that: (i) all rights, title, and interest in and to such User Suggestions shall automatically vest in the Company without the payment of any compensation to you; (ii) such User Suggestions shall not contain any confidential or proprietary information of any third party; (iii) the Company shall be free to use, disclose, reproduce, modify, license, transfer, and otherwise exploit the User Suggestions, in whole or in part, for any purpose and in any manner, without restriction or obligation of any kind; (iv) the Company shall have no obligation to review, consider, or implement any such User Suggestions; and (v) the Company shall not be subject to any confidentiality obligations with respect to such User Suggestions.
- Limited License: Subject to your compliance with these Terms, the Company grants you a personal, limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for your personal, non-commercial use. No ownership rights to the Services, Content or any other intellectual property of the Company are transferred to you under this license. All Content available through the Website or Services is provided “as is” for informational and personal use only. You may not copy, reproduce, distribute, transmit, display, sell, license, or otherwise use any Content without prior written consent from the Company or the respective rights holders. All rights not expressly granted are reserved.
- These Terms do not authorize you to use any Third-Party Content or User Submissions in a way that violates applicable copyright or intellectual property laws. Unauthorized use of the Website, Services, or Content may result in termination of your license, cancellation of your account, and may lead to civil or criminal liability. The Company does not support or condone copyright infringement, and the owners of Third-Party Content or User Submissions may pursue legal remedies for any unauthorized use.
- Pricing and Payment.
- All prices for WOOFDNA Services are listed on our Site and are subject to change without prior notice. The price applicable at the time of your purchase is the final price unless explicitly stated otherwise in writing. All payments must be made in full at the time of placing your order.
- We accept payment via credit card, debit card, net banking, UPI, and other digital payment methods as specified on the Website. By submitting your payment information, you authorize us (or our third-party payment processor) to charge the applicable fees to your chosen payment method.
- If your payment fails, is declined, or is later reversed, Company reserves the right to cancel your order or suspend any pending or ongoing Services until payment is successfully received.
- While placing an order for a WoofDNA Service, you agree to provide complete, accurate, and up-to-date billing and payment information. By submitting your payment details, you represent that you are legally authorized to use the selected payment method. If payment authorization is declined or later revoked, Company reserves the right to cancel your order without notice.
- All prices are inclusive of applicable taxes unless otherwise indicated. You are responsible for any additional taxes, duties, or levies that may apply based on your jurisdiction.
- If you believe you have been billed in error, please contact us at support@woofdna.in within 7 (seven) days of the charge. Disputes raised beyond this timeframe may not be accepted.
- Invoicing
- Upon successful payment, you will receive a confirmation email along with a tax invoice sent to your registered email address or the email address provided during checkout. You are responsible for ensuring the accuracy of your billing details. You may request for duplicate invoices or GST-compliant invoices (if applicable) via our customer support.
- Returns, Cancellations and Refunds.
- Due to the specialized and personalized nature of the Services all sales are final, and refunds are not permitted. We encourage you to carefully review your order before completing your purchase.
- If the Sample collected using your Test Kit is deemed unusable due to contamination, insufficient DNA, or damage during transit, Company may, at its sole discretion, provide you with one free replacement kit containing the necessary equipment for collecting the DNA sample for the same order. This free replacement kit will be issued only once per order, and any further replacements will be chargeable. Proper usage of the Test Kit and adherence to sample collection instructions are your responsibility. To be eligible for a replacement Test Kit, you must Register Your test kit and schedule the sample pickup within the timeframes specified in the instructions.
- Any issues related to kit damage, missing components, or pickup logistics must be reported to the Company at support@woofdna.in within 48 (forty-eight) hours of receiving the Test Kit, along with supporting information or photographs if applicable.
- We do not accept returns of Test Kits, whether used or unused, once they have been delivered.
- If you wish to cancel your order, you may do so only before the Test Kit has been dispatched. To request a cancellation, please contact us at support@woofdna.in with your order details. Approved cancellations made prior to dispatch will receive a full refund to the original payment method. Orders that have already shipped cannot be cancelled or refunded.
11. Refund Eligibility for Service Default:
A refund will be issued only in the following cases:
- The Test Kit was not delivered due to a fault of the Company or its logistics partners.
- Company is unable to process the sample due to technical failure not attributable to the User.
- Refunds, if approved, will be processed within 7–10 business days to the original mode of payment.
- If there is a failure in generating the final report due to reasons solely attributable to the Company or its processing partners (excluding issues such as improper sample collection by the User), we will either:
- Offer a replacement Test Kit free of charge; or
- Provide a full or partial refund at our discretion.
- To initiate a return or refund, please email us at support@woofdna.in with the following details:
- Order ID
- Reason for return/refund
- Photographs of the product, if damaged
- Any other relevant information
- Our team will assess the request and guide you through the next steps.
- We may contact you from time to time to seek feedback on the services offered by us and our Partners to help improve our offerings. You consent to being contacted for such feedback, and you may opt out of the same by contacting us at support@woofdna.in. You acknowledge and agree that any feedback provided by you shall be deemed to be a User Suggestion under these Terms and we are free to use, disclose or incorporate such feedback into our Services in any manner as per our sole discretion.
- Grievance Redressal.
- Any complaints or concerns with regards to Services, Content or breach of these Terms shall be taken up with the designated Grievance Officer for the Website as mentioned below in writing or through email:
Praerit Buch
Wellness Niyamas LLP
support@woofdna.in
- To the fullest extent permitted by law, Company disclaims all liability for any loss or damage arising out of or related to (i) delays or failures in the delivery or receipt of Results; (ii) your reliance on any information made available through the Services or Content, including data derived from genetic testing or information provided by other users; or (iii) your use of the Services provided by us. You are solely responsible for evaluating the accuracy, reliability, and applicability of any Content or advice accessed through our Website or Services.
- All Services and Content offered by us, including physical items such as Test Kits, are provided on an “as is” and “as available” basis without any warranties, express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, Company does not warrant that (i) the genetic analysis or Results will be error-free or scientifically exhaustive; (ii) the Services will function uninterrupted, securely, or without technical issues; (iii) any defects in the Services or Content will be corrected; or (iv) the Website or its servers are free from viruses or other harmful components.
- Additionally, while we implement all reasonable security measures, Company cannot guarantee that any personal information or genetic data you provide will not be lost, misused, accessed without authorization, altered, or destroyed by third parties.
- Results are not intended for use in legal disputes, insurance claims, breed registration, or breeding decisions. Company disclaims any liability arising from such use. You are advised not to rely on the Results for any action beyond general informational or wellness purposes, and as a best practice share the Results with your veterinarian.
- You may share the Results with any third-party, including your pet’s veterinarian, at your own risk. Once a report or any part of the Results is shared with your veterinarian, the Company shall not be responsible for any interpretation, advice, or follow-up discussion between you and your veterinarian, and all further interactions shall be solely between you and your veterinarian. The Company shall not be liable for any unauthorized use or disclosure of any part of your Results by a third party, where such use or disclosure arises directly or indirectly from your sharing of the Results with any person or entity.
- You agree to indemnify, defend, and hold harmless Company, its affiliates, subsidiaries and their respective officers, directors, employees, agents, partners and third-party licensors from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (i) your use or misuse of the WOOFDNA Services; (ii) any breach of your representations or warranties under these Terms; (iii) any reliance on or disclosure of genetic or other pet-related information provided to you through our Services in accordance with our Privacy Policy; (iv) any intentional or inadvertent sharing of your pet’s genetic or reported information with third parties; (v) any content you upload, submit, or share via the Website or Services, and (vi) any third party’s use of User Submissions. This indemnity obligation includes, without limitation, claims of defamation, infringement of privacy or publicity rights, emotional distress, or financial loss resulting from the use or non-use of User Submissions by us. At our discretion, you agree to assume the defense of such claims. This indemnity obligation will survive the termination or discontinuation of your use of the Services.
- Further, each Vet agrees to indemnify, defend, and hold harmless the Company, its affiliates, subsidiaries and their respective officers, directors, employees, agents, partners and third-party licensors from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (a) any breach by the Vet of these Terms, the Privacy Policy, and/or any other terms agreed to by the Vet and the Company, including any misuse or unauthorized disclosure of User data by the Vet; (b) any violation of applicable laws, rules, or regulations in connection with their use of the WoofDNA Services; (c) any negligence, malpractice, misrepresentation, or unauthorised advice provided to a User based on any reports; or (d) any statements made by the Vet in relation to the WoofDNA Services or the Vet Program, or otherwise, which may be construed as misrepresenting, unlawful, insensitive, hurtful or inappropriate; and (e) any claim by a User or third party arising out of or relating to the Vet’s interpretation or reliance on any reports generated by us. This indemnity obligation shall apply regardless of whether the Vet has been onboarded directly by us, or enrolled into the WoofDNA Vet Program, and shall survive the termination or expiry of the Vet’s access to the Vet Program.
- Limitation of Liability.
- To the fullest extent permitted by applicable Indian law, the Company, its affiliates, licensors, and partners expressly disclaim all warranties, express or implied, including without limitation any implied warranties of accuracy, fitness for a particular purpose, or non-infringement, in relation to the test results. Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to the Services.
- The aggregate liability of Company, its affiliates, subsidiaries and their respective officers, directors, employees, agents, partners and third-party licensors, from any and all causes whatsoever arising out of or in connection with these Terms, the use of the Website or Services, or any claim related thereto, shall not exceed the total amount paid by you for the specific Test Kit(s) or Service from which such liability directly arises.
- You agree that any claim or cause of action arising out of or related to your use of the WoofDNA Website or Services must be initiated within one (1) year from the date the claim arises. If not filed within this period, the claim will be permanently barred
- Governing Law and Jurisdiction.
- These Terms shall be governed by the Laws of India. The courts at Thane, Maharashtra, shall have exclusive jurisdiction over any disputes arising under these Terms.
- Force Majeure
- Company shall not be held liable for any failure or delay in performance of its obligations due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemic or pandemic events, labor unrest, equipment failure, cyberattacks, disruption of internet or communication networks, government actions, or legal changes.
- General Terms.
- You may not assign, delegate, or transfer your rights or obligations under these Terms without the prior written consent of the Company. Any attempt to do so will be null and void. Company, however, may freely assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction or notice.
- Any rights or obligations under these Terms that are intended to survive termination will survive the termination or discontinuation of your use of the Services.
- A delay or failure by Company to enforce any right or provision under these Terms will not be considered a waiver of such right or any future enforcement.
If any part of these Terms is found to be invalid or unenforceable by a court or applicable law, that provision will be replaced with one that most closely reflects the original intent, and the remaining provisions will continue in full force and effect.