Website / App Terms of Use
These Website Terms of Use, together with any and all other documents referred to in them, set out the terms of use under which you may use this website, pollygene.com (“our Site”). Please read these Website Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Website Terms of Use is deemed to occur upon your first use of our Site. If you do not agree to comply with and be bound by these Website Terms of Use, you must stop using our Site immediately.
- Definitions and Interpretation
In these Website Terms of Use, unless the context otherwise requires, the following expressions have the following meanings: “Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site; and “We/Us/Our” means Pollygene Ltd, a company registered in England and Wales under company number 10544248, whose registered address is at 20-22 Wenlock Road, London, N1 7GU. - Access to Our Site
Access to our Site is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Site. Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time or for any period. - Intellectual Property Rights
All Content included on our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from our Site unless given express written permission to do so by us. You may: Access, view and use our Site in a web browser (including any web browsing capability built into other types of software or app); Download our Site (or any part of it) for caching; Print pages from our Site; Download extracts from pages on our Site; and Save pages from our Site for later and/or offline viewing. Our status as the owner and author of the Content on our Site (or that of identified licensors, as appropriate) must always be acknowledged. You may not use any Content saved or downloaded from our Site for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of our Site for general information purposes whether by business users or consumers. - Links to Our Site
You may link to our Site provided that: You do so in a fair and legal manner; You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists; You do not use any logos or trade marks displayed on our Site without our express written permission; and You do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it. Framing or embedding of our Site on other websites is not permitted without our express written permission. You may not link to our Site from any other site the main content of which contains material that: is obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive another person; is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this clause); implies any form of affiliation with us where none exists; infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. The content restrictions in this clause do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of this clause. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users. - Links to Other Sites
Links to other sites may be included on our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them. - Disclaimers
Nothing on our Site constitutes advice on which you should rely. It is provided for general information purposes only. Insofar as is permitted by law, we make no representation, warranty, or guarantee that our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. We make reasonable efforts to ensure that the Content on our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. - Our Liability
To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site. To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Site or any Content included on our Site. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage. We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Site (including the downloading of any Content from it) or any other site referred to on our Site. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship. Nothing in these Website Terms of Use excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. If you are a consumer visiting our Site, for full details of your legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office. - Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that our Site is secure and free from viruses and other malware. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Site. You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site. You must not attack our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means. By breaching the provisions of this clause, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in the event of such a breach. - Acceptable Usage Policy
You may only use our Site in a manner that is lawful. Specifically: you must ensure that you comply fully with any and all local, national or international laws and/or regulations; you must not use our Site in any way, or for any purpose, that is unlawful or fraudulent; you must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and you must not use our Site in any way, or for any purpose, that is intended to harm any person or persons in any way. We reserve the right to suspend or terminate your access to our Site if you materially breach the provisions of this clause or any of the other provisions of these Website Terms of Use. Specifically, we may take one or more of the following actions: suspend, whether temporarily or permanently, your right to access our Site; issue you with a written warning; take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach; take further legal action against you as appropriate; disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or any other actions which we deem reasonably appropriate (and lawful). We exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Website Terms of Use. - Privacy and Cookies
Use of our Site is also governed by our Privacy Policy, available from ( Privacy Policy ). Our Privacy Policy is incorporated into these Website Terms of Use by this reference. - Changes to these Website Terms of Use
We may alter these Website Terms of Use at any time. Any such changes will become binding on you upon your first use of our Site after the changes have been implemented. You are therefore advised to check this page from time to time. In the event of any conflict between the current version of these Website Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise. - Contacting Us
To contact us, please email us at [email protected], or by post at 20-22 Wenlock Road, London, N1 7GU. Please note that this is not an address for sending samples or returning products. - Communications from Us
If we have your contact details, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Website Terms of Use. We will never send you marketing messages of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing messages sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 7 business days for us to comply with your request. During that time, you may continue to receive messages from us. Further information is set out in our Privacy Policy. For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us using the details set out in clause 12. - Law and Jurisdiction
These Website Terms of Use, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in this clause takes away or reduces your rights as a consumer to rely on those provisions. If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Website Terms of Use, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. If you are a business, any disputes concerning these Website Terms of Use, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales. - Parrot Sample Testing Services
Our core product/service is the testing of parrot samples for Gender testing, APV and PBFD testing. The results are issued to the customer with a certificate which they can print. We use the PCR testing technique and therefore provide 99% accurate results for the samples that are received. We cannot guarantee the quality of the samples we receive. In the case that the customer does not agree with our results, we may attempt to repeat the test for the previous samples (already in the lab, stored for up to 2 months after they arrive), at no cost. If the customer wants to repeat the test with new samples, we reserve the right to charge the usual price for an additional test, and it is at our discretion what the price will be, with the maximum price being the normal price. We sell digital testing credits only (no physical tests) on our website, which are added to the customers’ account upon completion of the purchase, and may then be used to activate tests. Our physical products, consisting of paper forms and sometimes gloves and tweezers, are sold on authorized platforms such as Amazon and eBay. This product acts as one credit which may be redeemed on our website to activate the test. The physical product contains a form to which samples may be attached. In all cases, the customer must send the samples to our lab where the actual service is carried out. - Merchandise Products
Pollygene offers complimentary print on demand merchandise, which is made to order. Some items may be personalized. We hold no responsibility for the quality of personalized products. Personalized products MUST be personalized. After purchasing the product, customers will receive a link to a special Personalization Studio, where they can edit their product as they like. Once approved, we will check it and send it off to the printer. The customer is responsible for ensuring that the quality of images used for personalization is high to ensure the printed product is of good quality. Upon receipt of an order, Pollygene will facilitate the production and shipping of the merchandise to the customer. All merchandise is subject to production lead times, and estimated delivery times will be provided at the point of sale. Pollygene connects with independent production and printing providers to fulfill orders. Orders that include more than one category of products may be produced at different facilities and may, therefore, be delivered separately. We will use all reasonable efforts to ensure that the products are delivered within the estimated timeframe but shall not have any liability towards the customer if the products are delivered later. We will notify the customer as soon as we become aware of circumstances that may cause substantial delays. The products will be sent by the method chosen at the time of the order unless otherwise agreed. We have the right to choose another carrier or shipping method, provided that such carrier or shipping method offers similar delivery quality and delivery time. If tracked delivery is chosen for the order (if available), we shall bear the risk of loss and damage to the products during transportation. If non-tracked delivery is chosen for the order, the products will be deemed delivered and title and risk of loss transferred to the customer upon our delivery of the products to any common carrier. We are not obliged to find the correct address for the delivery. If we were not provided with the correct address, and there are multiple residents at that address, we will use reasonable endeavors to deliver, but cannot guarantee the delivery of the products to the correct recipient. The customer is responsible for performing customs clearance of the products and for payment of customs (if any), as further referred to in clause 19. - Returns of Merchandise
The customer acknowledges that the merchandise products are personalized and made specifically for each order. Once an order is placed, it cannot be changed or cancelled. The customer acknowledges that the products, when printed, may vary from the images as displayed on-screen, such as due to how computers display colors. Such deviation between on-screen images and physical products that are not due to printing errors shall not be deemed a defect. If there are defects discovered, such as damage to the delivered products, errors in the number or quantity of the delivered products, or lack of quality of the delivered product not caused by the quality of the images provided by the customer, the customer should provide us with photographic or other documentary evidence of the existence of a defective product. If we have not received a complaint in writing within 30 days after receipt, we shall have no liability for any defect. If we agree, or the customer can substantiate, that there is a defect and that it is not due to the carrier, force majeure, or other circumstances outside our control, then we will, at our option, either provide the customer with a reprint of the order to the extent required to remedy the defect or offer a refund for the defective products. - Term and Termination
These Terms become effective on the date that you first use our Site and are effective until terminated in accordance with these Terms. Either party may terminate these Terms for any reason at any time with written notice to the other party. Upon termination, the customer will have no further rights to use the Services. The following sections will survive termination: Intellectual Property, Confidentiality, No Warranties, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, Severability, Entire Agreement, and Notice and Contact Information. - Customs and Import/Export Duties
The customer is responsible for assuring that the product can be lawfully imported to the destination country. When ordering from Pollygene.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the United Kingdom may be subject to import taxes, customs duties, and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties, and fees, which are levied once a shipment reaches the recipient’s country, or, in the case of sending samples, when they arrive in the destination country. Additional charges for customs clearance must be fulfilled by the customer; Pollygene has no control over these charges, nor can Pollygene predict what they may be. - Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). - Severability
If any provision or part-provision of these Website Terms of Use is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Website Terms of Use. - Entire Agreement
These Website Terms of Use constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter. - Notice and Contact Information
Any notice given to a party under or in connection with these Website Terms of Use shall be in writing and shall be: delivered by hand or by pre-paid first-class post or other next working day delivery service at our registered office; or sent by email to the address specified in clause 12. Any notice shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting or at the time recorded by the delivery service. if sent by email, at 9.00 am the next business day after transmission. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. - Amendment
We may revise these Website Terms of Use from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time. - Waiver
No waiver by us of any of these Website Terms of Use shall be effective unless we expressly state it is a waiver and we communicate it to you in writing. - Rights and Remedies
The rights and remedies provided under these Website Terms of Use are in addition to, and not exclusive of, any rights or remedies provided by law. - Third-Party Rights
These Website Terms of Use do not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
By using our Site, you acknowledge that you have read and understood these Website Terms of Use and agree to be bound by them. If you have any questions or concerns regarding these Terms, please contact us at [email protected].
Last updated: 15 March 2024