These pages (together with the documents referred to in them) set out the terms and conditions of use on which you may make use of our website www.racehorsetrader.com ("our Website"), whether as a seller, buyer, guest or other registered user. Please read these terms and conditions of use carefully before you start to use the site. Byusing our Website, you indicate that you accept these terms and conditions of use and that you agree to abide by them. If you do not agree to these terms and conditions of use, please refrain from using our Website.
1 Information about us
1.1 www.racehorsetrader.comis a website operated by Race Horse Trader Limited ("We" or "Us"). We are a private limited liability company registered in England and Wales under company number 08096603.
1.2 Our registered office is at Glenloch, Rowly Drive, Cranleigh, Surrey GU6 8PL
2 Accessing our Website
2.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see paragraph 3 below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our Website, or our entire site, to users who have registered with us.
2.3 If you choose, or you are provided with, a user identification code, password or any other information as part of our security procedures, you must treat such information as being confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions of use.
2.4 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and conditions of use, and that they comply with them.
3 Our Website changes regularly
We aim to update our Website regularly, and may change its content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may become out of date at any given time, and we are under no obligation to update such material.
4 Our liability
4.1 The material displayed on our Website is provided without any assurances, guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we and third parties connected to us hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
4.2 The above exclusion does not affect the liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or deceit, nor any other liability which cannot be excluded or limited by law.
4.3 You will not hold us responsible for any loss you may incur as a result of our taking any of the actions described in the Acceptable Use Policy nor for other users' actions or inactions, including, without limitation, matters posted by them, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneeror an agent of a seller and that our Websiteis a facility to allow users the opportunity toadvertise for sale and to sell and buy bloodstock. At no point do we have ownership or possession of anything listed or sold on the Website.
4.4 We do not review users' listings or content and are not involved in the pre-contract negotiations or the contract for sale or any other transactions between buyers and sellers who use our Website.
4.5 You accept sole responsibility for the legality of your actions under all laws applicable to you and the legality of any content posted on our Website.
5 Transactions concluded through our Website
5.1 Our Website simply offers sellers an online medium for advertising race horses for sale. Sellers pay a fee to advertise a horse but there are no costs to buyers in accessing the site.
5.2 We are not a party to the contract or other transactions between sellers and buyers and we do not act as agent for either party. It is therefore the buyers' responsibility to make their ownenquiries as to the existence and quality of bloodstock for sale including the determination as to whether any veterinary or other inspections are required. The parties are also required to ensure the contract for sale and any other transaction meets all obligations that are applicable under relevantsale of goods and other legislation including, but not limited to, the Sale of Goods Act 1979, and The Consumer Protection (Distance Selling) Regulations 2000, Consumer Protection Act 1987, Sale and Supply of Goods to Consumers Regulations 1972, the Consumer Protection from Unfair Trading Regulations 2008 and any other legislation that may apply from time to time.
5.3 We do not provide any assurance as to the success of any advertisement and whether a contract for sale will be entered into and duly performed.
5.4 You agree that all negotiations, representations and contacts between the users of our Website are conducted entirely at each party's own risk.
5.5 We make our Website available for you and others to publish and receive information relating to the sale of bloodstock,without assuming any duty of care to users. It is your responsibility to verify any information on our Website before placing reliance on it. We do not provide professional advice and you agree that any contract or purchase or other transaction will be made solely in reliance on your own enquiries and inspections and that we give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on our Website and/or linked sites from our Website, the suitability, quality or existence of advertised items or the ability of parties to enforce or complete a contract for sale or any other transaction.
5.6 To the fullest extent permitted by law we exclude any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on our Website and/or of any linked sites; and
(b) the merchantability or fitness for any particular purpose of any goods, service or product contained or referred to on our Website and/or on any linked sites.
5.7 We do not warrant that sellers are the legal owners of items advertised for sale. We do not warrant that any statement made by or attributed to a party is accurate or that the stated address of any party is the address of such party. You may refer any inaccuracies or concerns to us, which we will deal with at our discretion, without liability therefor.
5.8 You acknowledge that we are not liable for any direct, indirect or consequential loss or damage (including legal fees and other costs incurred) arising from or in any way connected with the purchase, sale or other agreement between users of our Website and/or any inaccuracy or incompleteness of information contained on our Website or any related material.
5.9 Any press releases or other public announcements related to an advertisement on our Website, including their method and timing, must first be approved in advance by us in writing. Users of our Website may not claim any association with us without our prior written permission.
5.10 You agree to be entirely responsible for the payment of any commission, or any other payment, that is owed to any third party as a result of a successful sale using this website. This includes, but is not limited to, any commission that may be owed to third parties including auction houses, with whom you have registered and who may be entitled to receive a specified % fee or commission on the sale of an advertised horse or other goods and services, irrespective of the method of sale. As a seller listing on this website you are solely responsible for determining whether any commission is payable to a third party in the event of a sale via this Website (i.e. even if sale is not made successfully through their advertisement or auction service) and we will not incur any liability in this respect whatsoever.
6 Reliance on information posted
Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore exclude all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
7 Registering as a seller and Uploading Information to our Website
7.1 In most cases, you must register and obtain a username and password before you are permitted to upload an advertisement and other material onto our Website. We can decline the registration of any person in our sole discretion and without liability therefor.
7.3 You are required to update your personal information if it changes. You consent to us contacting you from time to time to ensure that your personal information remains accurate.
7.4 You must protect your account information, including your login ID and password. All activity on our Website that occurs under your login ID is your responsibility and we shall treat it as having been undertaken by you. You must notify us immediately if there is any unauthorised use of your login ID.
7.5 Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must comply with the content standards, set out in our acceptable use policy. You warrant that any such contribution complies with those standards, and you shall be deemed to have agreed to indemnify us for any breach of such warranty.
7.6 Any material uploaded by you to our Website will be considered as being non-confidential and non-proprietary, and that we have the permission, licence and the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a breach of their intellectual property rights, or of their right to privacy.
7.7 We will not be responsible, or liable to any user of our Website or any third party, for the content or accuracy of any materials posted by you on our Website.
7.8 We have the right to remove any material or posting you make on our Website if, in our opinion, such material does not comply with the content standards, set out in our acceptable use policy.
7.9 We reserve the right at our sole discretion, without being obliged to give any reason, to reject, amend or remove any content posted or submitted by you at any time without notice to you. We reserve the right to monitor and to review all content submitted to us, accessed on or published on our Website at any time
7.10 When creating an advertisement on our Website you agree to provide accurate, current and complete information relating thereto and to promptly update the information that you provide us if and when it changes.
8 Delivery of advertisement and performance of service contract
8.1 Completion of the contract for service between us and a seller whereby we agree to place an advertisement on our Website on behalf of a seller will occur when the advertisement goes live on the Website. This constitutes a delivered service at that point in time and the advertisement cannot be withdrawn without our consent.
8.2 Our consent to withdrawal of an advertisement will only be issued once we are satisfied that the cost of the advertisement has been discharged in full.
8.3 Adverts remain on the website for one calendar year from the original date that they 'go live'. After one year adverts will be archived and will no longer appear in the listings. If the Seller wishes to reinstate the advert once it has been archived then they will be subject to an additional charge.
9.1 At the time we post anadvertisement on the Website on behalf of a seller the advertisement is deemed to have gone "live" and this constitutes completion of our contract for service with the seller and at which point the cost of the advertisement will not be refunded.
9.2 The Website provides a medium for advertising race horses for sale. We are not a party to or involved in the contract for sale or other transaction between sellers and buyers and do not act as agent for either party.Therefore, any dispute as to the contract for sale or otherwise is not our responsibility.
10 Intellectual property rights
10.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties throughout the world. All such rights are reserved.
10.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.
10.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.4 Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged by you.
10.5 You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
10.6 If you print off, copy or download any part of our Website in breach of these terms and conditions of use, your right to use our Website will cease immediately and you must forthwith, at our option, return or destroy any copies of the materials you have made.
10.7 All information, data and other content that is visible and/or accessible on our Website remainswithin the ownership of therelevant proprietor. This includes any intellectual property in photographs of horses owned by the photographer (or subsequent owner) and other associated content.
11 Warranties and indemnity
11.1 You represent and warrant to us that:
(a) you are over 18 and otherwise have the legal capacity, right and authority to agree to and be bound by these terms and conditions of use;
(b) you have submitted to us full, truthful and up to date personal information in the user registration process;
(c) any advertisements comply with applicable law;
(d) If you offer horses or any other products or services for sale or lease on our Website you also warrant to us that all information given to the prospective purchaser is accurate, truthful, and not misleading;
(e) you are the legal owner or otherwise authorised to sell an advertised horse, product or services.
(f) After making all reasonable enquires to the best of your knowledge and belief any horse you are responsible for advertising on the Website is not suffering from and ailments nor are their any other issues which have not been disclosed.
(g) In relation to horses or shares in horses, comprehensive disclosure will be made to a purchaser prior to entering into an agreement for sale of the horse about whether the horse has been subject to:
(i) surgical procedures; and/or
(ii) any prohibitions or restrictions imposed by a horse racing authority;
11.2 You are deemed to have agreed to indemnify, and to keep indemnified, us and our officers, employees, agents and subsidiaries against any loss or damage, direct, indirect or consequential (including legal fees and other costs incurred) by any third party arising out of or in any way connected to:
(a) your use of our Website;
(b) your breach of a warranty, undertaking or assurance contained in these terms and conditions of use;
(c) your breach of any other of these terms and conditions of use including any act, omission, negligence or default by you or your employees, licensees or clients; and
(d) the content of your uploaded material and/or the negotiation, enforcement of sales or the transfer of data or money between you and another user.
12 Information about you and your visits to our Website
13 Moderation of Use
13.1 We have no obligation to monitor or moderate any user's activity or use of our Website. However we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulations, legal process or regulatory authority request or to determine your compliance with these terms and conditions of use.
14 Access to our Website from outside the UK
14.1 We do not represent or warrant that the content on our Website complies with the laws of any jurisdiction outside of the United Kingdom. If you access our Website from outside the United Kingdom, you do so at your own risk.
15 Links to other websites
15.1 Our Websitemay contain hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and the provision of such a link is for your information only. Our inclusion of hypertext links to such websites does not constitute a warranty from us as to the consequences of such use or imply any endorsement of such websites. We accept no responsibility in respect of such websites or for any loss or damage that may arise from your use of such websites.
16 Content Standards
16.1 Advertisers are solely responsible for their advertisements listed on our Website. You understand that all information publicly posted or privately transmitted through our Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any user's use of our Website. You agree that we cannot provide any assurance or guarantee as to the identity of any other users with whom you may interact in the course of using the Website. Additionally, we do not provide any assurance or guarantee as to the authenticity of any data which users may provide.
16.2 We have no obligation to monitor or moderate any user's activity or use of our Website. However we retain the right at all times to monitor, retain and disclose without prior notification any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with these terms and conditions of use.
16.3 The following is a non-exhaustive list of the criteria that Content must comply with. Content must:
(a) be accurate (where it states facts);
(b) be genuinely held (where it states opinions); and
(c) comply with applicable law in the United Kingdom,the Republic of Ireland and any other country from which it is posted.
16.4 Without prejudice to our rights, failure by you to comply with these terms and conditions of use may result in our taking all or any of the following action(the list of which is not set out in any order of priority):
(a) immediate, temporary or permanent withdrawal of your right to use our Website;
(b) immediate, temporary or permanent removal of any post, material or Content uploaded by you to our Website;
(c) issue of a public (via our Website) or private warning to you;
(d) limit the number of postings you may make;
(e) suspension, restriction or limitation of any rights or permissions associated with a user identifier;
(f) legal proceedings being issued against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(g) other legal action being issued against you; and/or
(h) disclosure of such information to law enforcement authorities which we reasonably consider to be necessary.
17 Viruses, hacking and other offences
17.1 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
17.2 Breach of this provision, willconstitute 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 will cease immediately.
17.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
18 Linking to our Website
18.1 You may establish a link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You shall not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
18.2 You shall not establish a link to our homepage from any website that is not owned by you.
18.3 Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw the within permission without notice. The Website from which you establish a link must comply in all respects with the content standards set out in our acceptable use policy.
19 Our Relationship with Third Parties
We may from time to time enter into financial or other arrangements with third parties, in our sole discretion, that wish to advertise on our website including arrangements under which we receive a fee for promoting a business on our Website or receiving a fee in return for generating specific revenue opportunities.
20 Jurisdiction and applicable law
20.1 The Courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, your use ofour Website although we reserve the right to bring proceedings against you for breach of these terms and conditions of use in the jurisdiction of your residence or any other relevant jurisdiction.
20.2 These terms and conditions of use and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
We may revise these website terms and conditions of use at any time by amending these pages and you shall be deemed to have agreed to all such revisions if you continue to use the Website following such revision. You are advised to check these pages from time to time to identify if any amendments have been made. All such amendments are binding on you. Some of the provisions contained in these terms and conditions of use may also be superseded by provisions or notices published elsewhere on our Website.
When you provide us with content, you are deemed to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, publicity, trade marks, database rights and intellectual property rights you have in the content in any media known now or in the future. In addition, for such purpose you waive all moral rights which you may have in the content to the fullest extent permitted by law.
For the avoidance of any doubt, these terms and conditions of use (which apply to all use of the Website) shall apply to any service provided by Race Horse Trader Limited or any subsidiary to any user of the Website.
24 Further Information
If you require further information or have concerns relating to material which appears on our Website, please email firstname.lastname@example.org
Thank you for visiting our Website.
Race Horse Trader Limited
1st October 2012