The VetCell Plus Promise Terms & Conditions

Terms and Conditions for Use and Sales of the VetCell Plus Promise
These terms and conditions were last updated on 22nd October 2010. For a downloadable copy of these terms and conditions please click here.

1. Introduction to the VetCell Plus Programme Promise (the 'Promise')
1.1 These terms & conditions set out the terms between you the customer (owner of the horse) and VetCell in relation to the VetCell Plus Promise.
1.2 If, having successfully completed the VetCell Plus Programme (the 'Programme'), the customer's horse re-injures the treated Superficial Digital Flexor Tendon (the 'SDFT') within a period not exceeding two years, VetCell hereby agrees to refund the cost of the original treatment or provide sufficient new stem cells from the cryo-preserved stock to re-treat the affected SDFT free of charge. If the horse injures the contra-lateral superficial digital flexor tendon then VetCell will provide stem cells from the cryo-preserved stock to treat this tendon. Thereafter, the Promise will be discharged.
1.3 A refund will be payable to the customer directly and shall not be made through the vet who undertook the treatment.

2. Conditions to the VetCell Plus Promise
2.1 The Promise shall only be available where the original treatment was undertaken by a vet approved by VetCell to provide the Programme. The approval of the vet will be confirmed by VetCell through invoicing the applicant vet for a VetCell Plus Promise StemRegen Service rather than a Standard StemRegen Service.
2.2 The Promise shall only apply to horses which have correctly followed the VetCell Plus Post-Implantation Rehabilitation Programme (the 'VetCell Plus PIRP'). In order to qualify for the Promise the owner must ensure that the horse:
2.2.1Does not return to full work (competition or racing level fitness) within a period of twelve (12) months following stem cell implantation; and
2.2.2 Receives an ultrasound every three months by the approved vet during the 12 month period following stem cell implantation, in order to agree to an increase in the exercise regime;
2.2.3 The Promise is only valid if the programme has been completed and certified as such by the approved vet. To this effect, a copy of the VetCell Plus PIRP will be sent to the owner to be completed by the approved vet by signing and stamping the appropriate section as and when the required ultrasound examinations set out in the PIRP are performed. The vet will also indicate on the copy of the PIRP sent to the owner whether the result of ultrasound is satisfactory and the horse is permitted to advance to the next level of rehabilitation set out in the PIRP or if the same level of exercise should be continued further. The owner will comply with the recommendation of the vet regardless of the delay this may cause to the rehabilitation.
2.2.4 The owner undertakes to keep VetCell informed in writing of the dates of the ultrasound examinations as and when they happen and of the rehabilitation stage reached as a result of the scan. This can be communicated either by letter or email. VetCell will keep a copy of these updates.
2.2.5 In the case of an eligible re-injury, VetCell reserves the right to ask for a copy of the signed and stamped PIRP and of the ultrasound scan pictures and the right to ask to see the originals.
2.2.6 The owner will provide both their name and contact details, as well as providing identification details of the horse as required below.
2.2.7 If there is any failure to comply with the terms of this Clause or the provisions of PIRP the promise shall be null and void.
2.3 The Promise shall only apply to SDFT injuries, assessed by the approved vet as suitable for treatment;
2.4 The Promise shall only apply to horses where bone marrow aspiration has taken place within two months of the initial injury;
2.5 The Promise shall only apply to horses of not less than five (5) years of age; and
2.6 The Promise is not available to horses with re-injured tendons i.e. the Promise must be taken out at the time of first injury

3. Cancellation Rights, Returns and Refunds
3.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 7 working days from the day of stem cell implantation. In the case of cancellation, the fees for a Standard StemRegen treatment will apply instead. 
3.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.

4. Customer Complaints
We endeavour to respond to all customer complaints or queries in relation to the Promise, the Programme or these Terms and Conditions within five working days.

5. Events Outside Our Control
We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.

6. Limitations and Exclusions of Liability

6.1 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
6.2 All indirect, consequential or special losses or damage are all excluded.
6.3 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
6.4 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
6.5 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.
6.6 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
6.7 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.

7. Variation
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the Promise from the date of publication.

8. Assignment
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.

9. Severability
The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

10. Waiver
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.

11. Third Parties
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.

12. Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us. The PIRP are part of these terms and conditions.

13. Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.

14. Jurisdiction
These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

Our contact details are as follows:

VetCell
18 Tannery Yard
Burford
Oxfordshire
OX18 4DQ
United Kingdom

Email: info@vetcell.com

Telephone
From within the UK: 01865 922227
International: +44 (0)1865 922227

Fax
From within the UK: 01865 922228 
International: +44 (0)1865 922228

Company registration number: 07164557
VAT registration number: 987878225