Terms & Conditions
Acceptance of Terms & Conditions
By purchasing or using any products offered on Testcountry.co.uk (the "Website") or by accessing, browsing and using the Website you agree to be subject to the following Terms & Conditions ("Terms & Conditions") as well as all other applicable laws. We reserve the right to update or modify these Terms & Conditions of use or to update or modify the Website without prior notice. If you do not agree to these Terms & Conditions, please do not use the Website.
Availability of Products
TestCountry.co.uk makes no claim or guarantee as to the availability of any specific product. Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted an order).
Assignability
In the event you transfer or assign to a third party your interests in products or services provided by TestCountry.co.uk, such assignee shall be subject to and legally bound by these Terms & Conditions.
Testing Products Offered Solely for Preliminary Screening Purposes
All testing products offered on the Website are offered solely for preliminary screening purposes, and are provided for the purpose of initial screening of substances and/or any other diagnostics. Although we stand by our products and strive to offer testing products with the highest level of reliability, the testing products and services offered by TestCountry.co.uk are not intended to constitute legally admissible test results in any litigation, arbitration or other legally binding forum.
Disclaimer
THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, AND ALL PRODUCTS AND SERVICES OFFERED BY TestCountry.co.uk ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TestCountry.co.uk DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Release of Liability
You are accessing, using or browsing the Website at your own risk. TestCountry.co.uk AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS AND EMPLOYEES assume no liability or responsibility for any viruses that may infect your computer equipment or other property as a result of you accessing, using or browsing this Website or downloading any materials or content contained in this Website. In addition, TestCountry.co.uk AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS AND EMPLOYEES assume no liability or responsibility for any interruptions, defects, delays in operation or transmission or any access line or system failure. Neither TestCountry.co.uk AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS AND EMPLOYEES nor any third party involved in the creation, development, production or hosting of this Website will be liable to you for direct, punitive, special, consequential, incidental, or indirect damages of any kind or nature whether such liability is asserted on the basis of contract, tort or otherwise, even if TestCountry.co.uk has been advised of the possibility of such damages.
YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF THE PURCHASE OR USE OF PRODUCTS OR SERVICES OFFERED BY TestCountry.co.uk WILL BE REPLACEMENT OF DEFECTIVE OR NONCONFORMING PRODUCTS, OR AT SELLER'S OPTION, REFUND OF THE PURCHASE PRICE. SELLER IS NOT TO BE LIABLE FOR CONTINGENT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH RELATE TO OR ARE OTHERWISE CONNECTED TO ANY PRODUCT OR SERVICE OFFERED BY TestCountry.co.uk.
Indemnification
You agree to defend, indemnify and hold TestCountry.co.uk harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website, your use of TestCountry.co.uk products and services, and/or your breach of any representation, warranty, or other provision of these Terms & Conditions.
Costs and Expenses of any Subsequent Legal Action
In the event you or TestCountry.co.uk institutes any legal action to enforce or construe any of these Terms & Conditions (including in any arbitration or mediation), the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses (including legal fees) incurred by such prevailing party in connection therewith.
Choice of Law, Forum Selection
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of San Diego and/or the Southern District of California.
Miscellaneous
There shall be no third party beneficiaries of these Terms & Conditions or of your use of this Website; provided however that recipients of TestCountry.co.uk products or services shall become subject to these Terms & Conditions.
In the event that any of these Terms & Conditions is found to be illegal or unenforceable, such terms shall be null and void and shall be deemed deleted from these Terms & Conditions, and all the remaining Terms & Conditions shall remain in full force and effect.
You represent and warrant that you have the legal right, power and authority to agree to these Terms & Conditions. You further agree that your access, use or browsing of this Website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have validly entered into and accepted the terms of and otherwise authenticated your agreement with these Terms & Conditions and acknowledged and agreed that such agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding against you and is irrevocable and irrefutable by you.
