KINSHIP LEGAL TERMS
We set out below the terms that will govern your use of Kinship’s Website and Kinship’s App. You can jump to the relevant terms by clicking on the relevant link below:
Website Terms of Use
Effective Date: 6 February, 2026
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE OR ANY KINSHIP SERVICES.
These Terms of Use (the “Terms” constitute a legally binding agreement between you (“you” or “User”) and Kinship Partners, Inc. (“Kinship,” “we,” “us”), and set forth our obligations and responsibilities when you: visit or use the website located at http://kinship.com/ukopens in new tab (“Website”) or purchase or use any products or services offered by Kinship, including, but not limited to, any services available on the Website (collectively, “Services”).
YOU MUST READ AND AGREE TO THESE TERMS BEFORE MAKING ANY PURCHASE FROM, OR USING ANY SERVICES OFFERED BY KINSHIP, INCLUDING THE WEBSITE AND THE SERVICES. We reserve the right to change or modify these Terms by providing notice to you by mail, email, through the Website, or otherwise. Your continued use of the Website and Services after any such changes constitutes your continued agreement to these Terms. If you do not agree to these Terms, you must not use the Website or Services. We recommend that you print a copy of these Terms for future reference.
Our relationship will be governed by these Terms as well as any additional terms, policies, rules, and guidelines which we may share with you through the Services. In addition, our Privacy Policy also applies between us and can be found here: https://www.mars.com/privacy.opens in new tab We collect, store and use data collected from you in accordance with our Privacy Policy. The Privacy Policy and the Terms are intended to be complementary, but in the event there is a conflict between the Privacy Policy and these Terms, these Terms shall govern. We will only use your personal information as set out in our Privacy Policy.
TABLE OF CONTENTS
1. Use of Website and Services
3. Kinship Does Not Provide any Veterinary Medical Advice or Recommendations
5. Licences
6. User Account
7. The Services
9. Third-Party Products or Services
11. littleKinTM by Kinship Terms and Conditions
1. Eligibility
2. Opting-in
5. Delivery
13. General
14. Additional Terms
15. Governing Law
1. Use of Website and Services
To use certain Service features, you must sign up for an account with Kinship on the Kinship Website. The Services may not function properly if you do not keep your account current and up-to-date.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions referred to in these Terms, and that they comply with them.
We may change, suspend, or discontinue the Website, or any Services at any time, including the availability of any feature, database, or content for business and operational reasons. We will try to give you reasonable notice of any major changes, suspension or withdrawal. We may also impose limits on certain features and services or restrict your access to parts or all of the Website, or the Services without notice or liability to you.
2. Provider Services
Kinship’s Services might include providing you the opportunity to access goods or view content listing or recommending products or services offered by third-party providers (“Providers”, which include Veterinary Professionals as defined in section 3 below) (the “Provider Services”). Kinship cannot make any representations or warranties with respect to the Provider Services; and we are not responsible for ensuring that information a Provider provides is accurate or updated. If you buy any products or services from these Providers or you rely on any content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials provided, made available, or otherwise found through the Provider Services, you do so solely at your own risk and your relationship will be between you and you should raise any issues that may arise directly with the relevant Provider.
3. Kinship Does Not Provide any Veterinary Medical Advice or Recommendations
The Website and/or Services may allow you to connect remotely with veterinarians (also known as veterinary surgeons, behavioural or nutritional specialists, and veterinary technicians (“Veterinary Professionals”)), and/or to interact with a chatbot, to get answers to general pet care questions and information that may help you decide whether it is prudent to seek immediate in-person veterinary attention. Your use of these features, and the information you receive from the Veterinary Professionals and/or chatbot, does not create a veterinary-client patient relationship between you and Kinship. The features are not a substitute for an in-person visit with a Veterinary Professional, and are not intended to provide a specific diagnosis or treatment plan for your pet.
Any information or records that you provide to a Veterinary Professional or upload to the Website and/or Services will not be treated as confidential. By using the Website and Services, you expressly acknowledge and consent that the content of any electronic (including audio, chat, and video) and phone communications with the Veterinary Professionals will not be treated as confidential or privileged. You acknowledge your personal information, pet information and records received or produced in connection with the Services may be shared and exchanged between Kinship and your in-person veterinary surgeon.
Kinship does not practice veterinary medicine, veterinary technician services, or any other licensed profession, nor does Kinship interfere with the practice of veterinary medicine, veterinary technician services, or any other licensed profession by the Veterinary Professionals or any Provider, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. To the extent permitted by law, neither Kinship nor any of its affiliates shall be liable to you or any third party for any damages or losses related to any veterinary medical information procured through the Website.
Whilst our Website and Services may provide access to information about caring for your pet, please be advised that none of this information should be considered veterinary medical advice or a substitute for veterinary medical advice. Reliance on any information provided by or found on the Website or Services is purely at your own risk. To the extent permitted by law, we will not be liable to you or any third party for damages or losses related to any information procured through the Website or Services.
Further, you are responsible for choosing your own veterinary professionals. We make no claims or guarantees, representations or warranties, whether express or implied, with respect to the quality of any veterinary professional, their availability, services, or content without limiting the foregoing, in no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any content provided by a veterinary professional.
4. User Requirements
You may only use the Website and Services within the United Kingdom (as specified by us) and for your own personal, non-commercial use. We do not represent that content available on or through the Website is appropriate for use or available in other locations. By continuing to access, view or make use of the Website, you hereby warrant and represent to us that you are located in the United Kingdom.
By using the Website and/or the Services, you represent that you are an individual (i.e., not a corporation or other legal entity) and you are at least 18 years of age and understand your obligations under these Terms, are able to perform them and agree to be bound by the Terms. Where you are between age 13 and the age of 18, you may use the Website and/or Services only under the supervision of your parent of legal guardian. If you are the parent or legal guardian and consent to your child’s access to and use of the Website and/or Services, you agree to be bound by these terms on behalf of yourself and your child. You also confirm that (i) all information you submit to Kinship, including registration information, is accurate and truthful; and (ii) you will maintain the accuracy of such information.
5. Licences
By using the Website and/or the Services, you acknowledge the existence and validity of, and agree to be bound by these Terms, including the end user license agreement (“EULA”) set out here, and which is incorporated into these Terms.
6. User Account
To use the Website, or certain Services, you may be required to register with Kinship and select a password and username ("User ID"). You shall provide Kinship with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password. If you access the Website or the Services through a third-party site or service, you will provide your third-party account credentials to Kinship, and you are consenting to have the information in those accounts transmitted into your account.
If you wish to cancel your free Kinship user account, you may do so at any time by contacting our customer service team by emailing support@kinship.comopens in new tab. Our team will reply confirming your account deletion as soon as possible.
Once you have cancelled your free Kinship user account, you will no longer have access to any Services that require a User ID.
7. The Services
You are only permitted to use the Services for personal, noncommercial uses. You agree not to resell or redistribute the Services to someone else without our prior written permission, which we can withhold in our sole discretion.
WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR ACCOUNT ACCESS OR ANY CONTRACT WITH YOU, including, but not limited to: (i) if you: (a) breach these Terms, any law, rule or regulation, or rights of us or any third party; (b) lie to us; (c) allow anyone to use your account or User ID; or (ii) if you, any user of your account or any authorised contact on your account: (a) threaten or commit violence against our representatives; (b) use vulgar or inappropriate language toward our representatives or Providers; (c) harass our representatives or Providers; (d) interfere with our operations; (e) "spam," or engage in other abusive activities; (f) modify the Services; (g) use the Services to violate or infringe upon any rights of any kind of us or any third party, including, but not limited to, copyright, trademark, contract, defamation, right of privacy or publicity, or any other right of any person or entity; or (h) use the Services in a way that adversely affects us, our network, or other customers, any Providers, partners, representatives, agents, or affiliates. We can also temporarily limit your Services for any operational or governmental reason.
8. User Submissions
By posting information or content on the Website or otherwise providing content, materials, or information to Kinship or in connection with the Website, or the Services (“User Submissions”), you hereby grant Kinship a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable right to use such User Submissions in connection with the Services, the Website and Kinship’s (and its successors’ and assigns’) business, including by reformatting, modifying, creating derivative works of, excerpting, and translating any User Submissions. You understand that all information publicly posted or privately transmitted through the Website or the Services is the sole responsibility of the person from which such content originated. To the extent permitted by law, under no circumstances will Kinship be liable in any way for any User Submissions, including, without limitation, any errors or omissions, or any loss or damage of any kind incurred in connection with use of or exposure to any User Submissions posted, emailed, accessed, transmitted, or otherwise made available via the Website, or the Services. User Submissions have not been verified by Kinship and the views expressed by other Users on our Website do not represent Kinship’s views and values.
If you become aware of any offensive or illegal material, or you wish to complain about any content, please contact us at: support@kinship.comopens in new tab.
9. Third-Party Products or Services
The Services might rely on certain third-party services, including Google Maps for certain pet location services. Your use of the Services shall bind you to the Google Maps/Google Earth Additional Terms of Service available at https://maps.google.com/help/terms_maps.htmlopens in new tab, which includes, without limitation, the Google Privacy Policy, which is available at https://policies.google.com/privacy?hl=en&gl=usopens in new tab.
If you choose to use the Services in connection with a product or service provided by a third party, Kinship is not responsible for and does not endorse any third-party product or service. ANY USE OF THIRD-PARTY PRODUCTS OR SERVICES IN CONNECTION WITH THE WEBSITE AND/OR THE SERVICES IS SOLELY AT YOUR OWN RISK AND KINSHIP PROVIDES NO WARRANTIES IN RELATION TO SUCH SERVICES OR PRODUCTS.
10. Third-Party Websites
The Website or the Services may contain links to third party websites or services ("Third-Party Websites") that are not owned or controlled by Kinship and provided for information only. The Website or the Services may also be accessible by logging in through a Third-Party Website. Kinship has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or the opinions expressed in, any Third-Party Websites. In addition, Kinship will not and cannot monitor, verify, or edit the content of any Third-Party Website.
11. littleKinTM by Kinship Terms and Conditions
These terms and conditions apply when you opt in to receiving the free littleKinTM by Kinship sample pack (“littleKinTM Pack”).
1. Eligibility
To receive a littleKinTM Pack, you must:
Sign up to Kinship.co.uk as a new user;
Have a puppy or kitten under 12 months at the time of ordering; and
Reside in the United Kingdom (England, Wales, Scotland, and Northern Ireland) and the want the pack delivered to an address in the United Kingdom (England, Wales, Scotland, and Northern Ireland).
You may only receive one littleKinTM Pack per household.
2. Opting-in
When you sign up to kinship.com/uk, you will have an option to opt-in to receiving a free littleKinTM Pack. You will need to indicate whether you have a puppy or a kitten and confirm that they are under 12 months.
Once your littleKinTM Pack request has been validated and your account has been confirmed, Kinship will acknowledge receipt by sending you a confirmation email. In certain cases, in particular for incorrect address or any other problem related to your account, Kinship reserves the right to delay processing your request until the problem is solved. You will be informed of the progress of your order by e-mail.
3. Cancellations
In the unlikely event that the littleKinTM Pack is unavailable (for example, due to stock availability), we will contact you to let you know, and we may offer you a different welcome gift. If you no longer wish to have your Kinship account as a result, you may cancel it by contacting us. Please see section 6 for our contact details.
Kinship reserves the right to refuse or cancel your littleKinTM Pack request in certain situations, including limitations on quantities available, inaccuracies or errors in product information, or problems identified through our efforts to avoid fraud and/or account abuse. If you wish to change or cancel your opt-in after confirming it on the Website, you may contact Kinship customer service at support@kinship.com. If Kinship has not started filling your order, Kinship may be able to change it based on your new instructions and send you a new confirmation email. If Kinship has started filling your order, Kinship will not be able to change it and will notify you as such.
4. littleKinTM Pack
The images of the products in the littleKinTM Pack on the Website are for illustrative purposes and the packaging of the product may vary slightly from that shown in images due to technical limitations of your screen or device.
Kinship reserves the right to update and amend the contents of the littleKinTM Pack from time to time, including the littleKinTM Pack design, all featured products and any discounts or vouchers. Where we make such changes, we will try to inform you of such changes before you are due to receive your littleKinTM Pack. You may cancel your request by contacting support@kinship.comopens in new tab if you are unhappy with the changes.
5. Delivery
We are pleased to offer free delivery for all littleKinTM Packs in the United Kingdom (England, Wales, Scotland, and Northern Ireland). Standard deliveries generally take place within 4 weeks from the time the request / account is activated, or according to the terms described at the time of your request. If the last day of the delivery period falls on a Saturday, on a Sunday or on a public holiday, it is automatically postponed to the next working day.
In the event of a significant delay in delivery, Kinship will inform you via the contact details you provided. Therefore, it is important that your contact details are accurate. In the event of a significant delay, you may either agree to receive the products late or cancel your request by contacting support@kinship.comopens in new tab. All products provided by Kinship are delivered using a third-party shipping company.
6. Something wrong?
If there is an issue with one of the products in the littleKinTM Pack or if something is missing, please contact support@kinship.com who will be able to assist you. Please note that Kinship does not manufacture the products and so it will need to pass on your details and details of your issue to the relevant company.
12. Warranties and liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
THE CONTENT ON OUR WEBSITE IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON OUR WEBSITE. ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON OUR WEBSITE WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT ON OUR WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED, DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
13. General
The failure of Kinship to exercise, in any respect, any right it has under these Terms shall not be considered a waiver of any further rights that Kinship has under these Terms. It is possible that reasons beyond our control prevent us from perform our obligations under these Terms, where this is the case Kinship shall not be liable for any failure to perform its obligations. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Kinship may transfer, assign, or delegate these Terms and its rights and obligations without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing. Even if we delay in enforcing these Terms, we can still enforce it later. Except where expressly stated, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
14. Additional Terms
In addition to these Terms, your use of the Services is subject to the Mars Terms of Use, available at https://www.mars.com/global/policies/legal/ld-englishopens in new tab, and Mars Privacy Statement, available at https://www.mars.com/global/policies/privacy/pp-englishopens in new tab. If any additional term is irrevocably inconsistent with any provision of these Terms, the Mars Terms of Use will prevail.
Additional or separate terms may also apply to the Services you use and purchase. Any additional terms will be specified with the relevant Service, and those additional terms become a part of your agreement with us if you use those services.
15. Governing Law and Jurisdiction
These Terms their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a consumer and resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer and resident of Scotland, you may also bring proceedings in Scotland.
Kinship App Terms of Use
Effective Date: 6 February, 2026
PLEASE READ THESE TERMS CAREFULLY. YOU MUST READ AND AGREE TO THESE TERMS BEFORE USING THE KINSHIP APPLICATION AND ANY RELATED SERVICES.
BY DOWNLOADING THE KINSHIP APPLICATION, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE KINSHIP APP.
The exclusive Kinship Partners, Inc. (“Kinship”) mobile application (“Kinship App”) is available to the customers of participating Linnaeus Veterinary Limited (“Linnaeus”) veterinary practices for free. Through the Kinship App you can connect with your vet practice in one, easy app! You can message your vet, schedule your next appointment, request repeat prescriptions and keep your pet’s documents in one place along with other exclusive services (“Services”). Kinship is Linnaeus’ technology service provider so you get the same great service from your vet but powered by Kinship’s innovative technology.
TABLE OF CONTENTS
1. These Terms
4. Using the Kinship App to access Veterinary Professionals
5. User Account
6. Account deletion/cancellation
7. Licenses
9. The Services
10. User Content
11. Third-Party Products or Services
14. General
15. Additional Terms
16. Governing Law
1. These Terms
These Terms of Use (the “Terms”) constitute a legally binding agreement between you (“you” or “User”) and Kinship Partners, Inc. (“Kinship,” “we,” “us”), and set forth our obligations and responsibilities when you download and use the Kinship App.
We reserve the right to change or modify these Terms by providing notice to you by mail, email, through the Kinship App, or otherwise. Your continued use of the Kinship App and Services after any such changes constitutes your continued agreement to these Terms. If you do not agree to these Terms, you must not use the Kinship App. We recommend that you print a copy of these Terms for future reference.
Our relationship will be governed by these Terms as well as any additional terms, policies, rules, and guidelines which we may share with you. In addition, our Privacy Policy also applies between us and can be found here: https://www.mars.com/privacy.opens in new tab We collect, store and use data collected from you in accordance with our Privacy Policy. The Privacy Policy and the Terms are intended to be complementary, but in the event, there is a conflict between the Privacy Policy and these Terms, these Terms shall govern. We will only use your personal information as set out in our Privacy Policy.
In return for your agreeing to comply with these Terms and other linked terms, you may download a copy of the Kinship App onto your compatible device, and view, use and display the Kinship App and use the embedded Services for your personal purposes only.
Without limiting the foregoing, you acknowledge and agree that, in your use of the Kinship App, you will comply with any applicable third-party terms of agreement that may affect or be affected by such use. For example, the terms and conditions of Linnaeus.
2. User requirements
By using the Kinship App, you represent and warrant that you are an individual (i.e., not a corporation or other legal entity) and that you comply with the below user requirements:
UK Only: You may only use the Kinship App and Services within the United Kingdom (as specified by us) and for your own personal, non-commercial use, and not for the use or benefit of any third party. This includes England, Wales, Scotland and Northern Ireland.
Linnaeus Customer: To use the Kinship App, you must be a current, registered client of a participating Linnaeus practice.
User account: To use the Kinship App, you must sign up for an account with Kinship after downloading the Kinship App from the Apple App Store or Google Play. The Services may not function properly if you do not keep your account current and up-to-date.
Over 18: In order to download the Kinship App, you must be over the age of eighteen. If you are between age 13 and the age of 18, you may use the Kinship App and/or Services only under the supervision of your parent of legal guardian. If you are the parent or legal guardian and consent to your child’s access to and use of the Kinship App, you agree to be bound by these terms on behalf of yourself and your child.
Device consent: You must not download the Kinship App onto any phone or other device not owned by you.
You also confirm that (i) all information you submit to Kinship, including registration information, is accurate and truthful; and (ii) you will maintain the accuracy of such information.
The Kinship App requires a smartphone device with at least IOS 17 and upwards, and Android 10 and upwards.
3. Linnaeus Customer
To become a Linnaeus customer, please visit your local Linnaeus provider in person or online [insert link]. Please check with the provider that they offer the Kinship App as not all Linnaeus providers offer the Kinship App.
You acknowledge Kinship may process your personal information, pet information and records received or accessed through the Kinship App on behalf of Linnaeus as a service provider and data processor in compliance with applicable data protection legislation.
For further information regarding how Linnaeus processes your personal data and your privacy rights , please refer to the terms and conditions of your Linnaeus practice provider as part of your Linnaeus product and service offering.
4. Using the Kinship App to access Veterinary Professionals
The Kinship App allows you to connect remotely with your Linnaeus veterinarians (also known as veterinary surgeons, behavioural or nutritional specialists, and veterinary technicians (“Veterinary Professionals”)) in a number of ways. Your use of these features is not a substitute for an in-person visit with a Veterinary Professional, and they are not intended to provide a specific diagnosis or treatment plan for your pet.
By using the Kinship App, you expressly acknowledge and consent that your personal information, pet information and records received or produced in connection with Kinship App may be shared and exchanged between Kinship and Linnaeus.
Kinship does not practice veterinary medicine, veterinary technician services, or any other licensed profession, nor does Kinship interfere with the practice of veterinary medicine, veterinary technician services, or any other licensed profession by the Veterinary Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession.
To the extent permitted by law, neither Kinship nor any of its affiliates shall be liable to you or any third party for any damages or losses related to any veterinary medical information procured through the Kinship App. The Kinship App allows you to connect directly to the Veterinary Professionals of Linnaeus and the Veterinary Professionals and Linnaeus remain responsible for any advice, whether veterinary in nature or otherwise, provided through the Kinship App. Kinship provides the technology and shall remain responsible for the operation of the Kinship App and the technology only.
Further, you are responsible for choosing your own Veterinary Professionals. Kinship makes no claims or guarantees, representations or warranties, whether express or implied, with respect to the quality of any Veterinary Professional, their availability, services, or content. Without limiting the foregoing and to the extent permitted by law, in no event shall Kinship be liable to you or anyone else for any decision made or action taken by you in reliance on any content provided by a Veterinary Professional through the Kinship App.
5. User Account
To use the Kinship App, you must register on the Kinship App and select a password and username ("User ID") to create a user account. We will conduct a check of our database to ensure you are a Linnaeus customer and once this check is complete, you will be able to use the Kinship App and easily connect with your vet. If the email address you provide does not match the email address you used to become a Linnaeus customer and therefore doesn’t appear in our database, we will connect you with your Linnaeus vet in order for them to confirm your status as a customer.
You must provide Kinship with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password.
6. Account deletion / cancellation
If you wish to cancel your free Kinship user account, you may do so at any time by following the steps below:
Open your Kinship App.
Tap on Account settings > Delete account > follow the confirmation process.
Your free Kinship account will then be cancelled.
Once you have cancelled your free Kinship user account, you will no longer have access to the Services in the Kinship App.
7. Licenses
By using the Kinship App, you acknowledge the existence and validity of, and agree to be bound by these Terms and the end user license agreement (“EULA”) set out here, which is incorporated into these Terms.
8. Access to the Kinship App
The Kinship App is available to current Linnaeus patients and Kinship reserves the right to remove access to the Kinship App if it learns that a user is not or is no longer a patient of Linnaeus or any of its group practices or if the Linnaeus provider is no longer a client of Kinship.
From time to time we may automatically update the Kinship App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Kinship App and the Services.
We may also change, suspend, or discontinue the Kinship App at any time, including the availability of any feature, database, or any content for business and operational reasons.
We can, without notice, limit, suspend, or remove your account access or terminate any contract with you, including, but not limited to: (i) if you: (a) breach these Terms, the EULA, any law, rule or regulation, or rights of us or any third party; (b) lie to us; (c) allow anyone to use your account or User ID; or (ii) if you, any user of your account or any authorised contact on your account: (a) threaten or commit violence against our representatives; (b) use vulgar or inappropriate language toward our representatives or providers; (c) harass our representatives or providers; (d) interfere with our operations; (e) "spam," or engage in other abusive activities; (f) modify the Services; (g) use the Services to violate or infringe upon any rights of any kind of us or any third party, including, but not limited to, copyright, trademark, contract, defamation, right of privacy or publicity, or any other right of any person or entity; or (h) use the Services in a way that adversely affects us, our network, or other customers, any Providers, partners, representatives, agents, or affiliates. We can also temporarily limit your Services for any operational or governmental reason. We may also impose limits on certain features and services or restrict your access to parts or all of the Kinship App without notice or liability to you.
We will try to give you reasonable notice of any major changes, suspension or withdrawal.
9. The Services
SMS Charges: The Services may allow you to send and receive text messages (SMS) on your mobile device. You authorise Kinship to send account-related and other SMS to your account. Message and data rates may apply, and you will be responsible for paying such charges. To stop receiving text messages from or in connection with the Services, update your notification settings in your mobile Kinship App, or follow the directions provided in the message.
Marketing Consents - Authorisation to Contact You by Phone: If you have expressly opted-in to receiving marketing messages by telephone, you have authorised us (and our affiliates, agents, our providers and independent contractors to the extent specified in the consent request) to contact you at any telephone number you provide to us using any such means of communication as you consented to. You can update your marketing consents and preferences at any time through updating your notifications settings in the Kinship App.
10. User Content
Any information or content you upload or share via the Kinship App (“User Content”) will automatically be passed on to the your relevant Linnaeus practice and they will be responsible for its use, safekeeping and/or storage in accordance with the terms and conditions you have entered into with them.
You understand that all information transmitted through the Kinship App is the sole responsibility of the person from which such content originated. Under no circumstances will Kinship be liable in any way for any User Content, including, without limitation, any errors or omissions, or any loss or damage of any kind incurred in connection with use of or exposure to any User Content made available via the Kinship App.
11. Third Party Products or Services
The Services might rely on certain third-party services, including Google Maps for certain pet location services. Your use of the Services shall bind you to the Google Maps/Google Earth Additional Terms of Service available at https://maps.google.com/help/terms_maps.htmlopens in new tab, which includes, without limitation, the Google Privacy Policy, which is available at https://policies.google.com/privacy?hl=en&gl=usopens in new tab.
If you choose to use the Services in connection with a product or service provided by a third party, Kinship is not responsible for and does not endorse any third-party product or service. ANY USE OF THIRD-PARTY PRODUCTS OR SERVICES IN CONNECTION WITH THE KINSHIP APP AND/OR THE SERVICES IS SOLELY AT YOUR OWN RISK AND KINSHIP PROVIDES NO WARRANTIES IN RELATION TO SUCH SERVICES OR PRODUCTS. Without limiting the foregoing, you acknowledge and agree that, in your use of the Kinship App, you will comply with any applicable third-party terms of agreement that may affect or be affected by such use.
12. Third-Party Websites
The Kinship App may contain links to third party websites (including Linnaeus practices) or services ("Third-Party Websites") that are not owned or controlled by Kinship and provided for information only. Kinship has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or the opinions expressed in, any Third-Party Websites. In addition, Kinship will not and cannot monitor, verify, or edit the content of any Third-Party Website.
13 Warranties and liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We recommend that you back up any content and data used in connection with the Kinship App, to protect yourself in case of problems, in particular, we recommend making copies of any documents or data uploaded about your pet.
You agree not to use the Kinship App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not guarantee that the Kinship App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform. You should use your own virus protection software.
14. General
The failure of Kinship to exercise, in any respect, any right it has under these Terms shall not be considered a waiver of any further rights that Kinship has under these Terms. It is possible that reasons beyond our control prevent us from perform our obligations under these Terms, where this is the case Kinship shall not be liable for any failure to perform its obligations provided we give you reasonable notice. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Kinship may transfer, assign, or delegate these Terms and its rights and obligations without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing. Even if we delay in enforcing these Terms, we can still enforce it later. Except where expressly stated, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
15. Additional Terms
In addition to these Terms and the EULA your use of the Services is subject to the Mars Terms of Use, available at https://www.mars.com/global/policies/legal/ld-englishopens in new tab, and Mars Privacy Statement, available at https://www.mars.com/global/policies/privacy/pp-englishopens in new tab. If any additional term is irrevocably inconsistent with any provision of these Terms, the Mars Terms of Use will prevail.
Additional or separate terms may also apply to the Services you use and purchase. Any additional terms will be specified with the relevant Service, and those additional terms become a part of your agreement with us if you use those services.
16. Governing Law and Jurisdiction
These Terms their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a consumer and resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer and resident of Scotland, you may also bring proceedings in Scotland.
End User License Agreement
This End User License Agreement (“EULA”) governs the software available when you download the Kinship mobile application (“Kinship App”) and when you visit or use the website located at http://kinship.com/uk/appopens in new tab (“Website”) (together the "Software").
1. License Grant
Subject to the terms and conditions in this EULA, Kinship hereby grants to you a non-exclusive, non-transferable, revocable, limited license to use the Software. The terms of this EULA will govern any upgrades provided by Kinship that replace or supplement the original Software unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The license rights granted under this EULA are limited to the first 30 days after you first use the Software unless you supply information necessary to activate a Kinship subscription. You may activate a subscription to Kinship by downloading the Kinship App located at the Apple App Store and Google Play.
2. Restrictions
You shall not:
(a) distribute, market, resell, transfer, sell, rent, lease, lend, provide commercial hosting services, sublicense the Software or otherwise transfer the Software for value;
(b) allow any other individual (other than those in the same household) to use the Software;
(c) modify, extract or replace any part of the Software
(d) use the Software in connection with any products or services not supplied or provided by Kinship or otherwise approved by Kinship in writing;
(e) remove any proprietary notices, labels, or marks on or in the Kinship App, Website or their associated services;
(f) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Kinship App, Website or their associated services;
(g) use the Kinship App, Website or their associated services in a manner that
i. infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
ii. violates any law, statute, ordinance, by-law, or regulation;
iii. is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable in our sole discretion;
iv. involves commercial activities or sales without Kinship’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
v. impersonates any person or entity, including, without limitation, any employee or representative of Kinship; or
vi. introduces a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website or the Kinship App is strictly prohibited. The provisions in this section should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790). You are responsible for your activity in connection with the Website, Kinship App and the associated services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Platforms or the Services.
You must not attempt to gain unauthorised access to the Kinship App, Website, their associated services, the server on which our Website and/or Kinship App is stored or any server, computer or database connected to our Website or Kinship App.
You must not attack our Website or Kinship App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website, Kinship App and Services will cease immediately
You agree not to copy, reproduce or create derivative works of the Software, or otherwise exceed the scope of the foregoing license.
This EULA does not allow you to use the Software on any hardware that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
Additional Terms and Conditions for Apple Users.
NOTE – The terms and conditions of this paragraph apply to you only if you downloaded the Kinship App through Apple Inc.’s App Store. You acknowledge that this EULA is between you and Kinship, and that Apple Inc. (“Apple”) bears no responsibility for the Kinship App and its content. The license grant under this EULA is a non-transferable license to use the Kinship App on any Apple-branded products that you own or control as permitted by this EULA and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Kinship App may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Kinship App.
In the event of any failure of the Kinship App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the Kinship App to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Kinship App. Apple is not responsible for addressing any claims by you or a third party relating to the Kinship App or your use of the Kinship App, including without limitation: (i) product liability claims; (ii) any claim that the Kinship App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the Kinship App or your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defence, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon Your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.
3. Ownership
All intellectual property rights in the Software, the Kinship App, the Website and the associated services throughout the world belong to us (or our licensors) and the rights in are licensed (not sold) to you. You have no intellectual property rights in, or to, Software, the Kinship App, the Website and the associated services other than the right to use them in accordance with the relevant terms.
Any rights not expressly granted to you are reserved by Kinship and its affiliates. Neither this EULA nor any act by Kinship pursuant to or in connection with this EULA (including, without limitation, the delivery or conveyance of any hardware or software product) shall be construed to provide expressly, by implication, by way of estoppel, or otherwise, any license or any rights under any patents, copyrights, or any other intellectual property rights of Kinship or its affiliates, except as expressly provided herein.
4. Export Controls
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country or by the Canadian government as a “terrorist entity”; or (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable Sanctions and Export Control Laws, (ii) you are solely responsible for ensuring that the Kinship App is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws, and (iii) you will not re-export or transfer the Kinship App, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
5. Changes to this EULA
Kinship reserves the right to change the terms and conditions of this EULA by posting a revised EULA in the Kinship App or mailing or emailing notice thereof to you. In addition, Kinship may add, modify, or delete any aspect, program, or feature of the Kinship App, although Kinship is not under any obligation to add any upgrade, enhancement, or modification.
Your continued use of the Kinship App following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this EULA (and acceptance of the version of this EULA then in effect). Accordingly, please review the EULA found in the Kinship App on a periodic basis.
6. Termination
This EULA shall terminate immediately, without notice, if you fail to comply with any material term of this EULA. In addition, Kinship may terminate this EULA at any time upon notice to you and by posting notice on the Website.
7. Miscellaneous
Your use of other software components together with the Software is subject to the terms of the relevant software provider as well as this EULA, the Kinship Website terms and/or the Kinship App terms. Compliance with all copyright laws and software licenses included in this EULA are the responsibility of the user. In the event of any conflict between this agreement, and the Kinship App Terms and the Website Terms, the Kinship App Terms and the Website Terms shall take precedence.
8. General
The failure of Kinship to exercise, in any respect, any right it has under these Terms shall not be considered a waiver of any further rights that Kinship has under these Terms. It is possible that reasons beyond our control prevent us from perform our obligations under these Terms, where this is the case Kinship shall not be liable for any failure to perform its obligations provided we give you reasonable notice. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Kinship may transfer, assign, or delegate these Terms and its rights and obligations without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing. Even if we delay in enforcing these Terms, we can still enforce it later. Except where expressly stated, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
9. Governing Law and Jurisdiction
These Terms their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a consumer and resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer and resident of Scotland, you may also bring proceedings in Scotland.