TERMS AND CONDITIONS OF USAGE

and

DISCLAIMERS

 

Please read these Terms and Conditions carefully.

 

Important


The website at www.sourceanexracehourse.co.uk ("the Site") is administered by the Frederick A Cook Partnership ("We", "Us"). The sole purpose of the Site is to enable prospective sellers and purchasers of ex-racehorses to make contact with one another. These terms and conditions of usage and disclaimers ("Terms and Conditions") apply to all users of the Site, including those users who submit text, images, advertisements or any other content (collectively "Content") to the Site or who respond to adverts posted on the Site, ("you", "your"). You may only use the Site if you accept these Terms and Conditions. Your use of the Site will be treated as your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Site or submit any Content.

 

 

1.       GENERAL

1.1     We reserve the right to amend or change these Terms and Conditions at our sole discretion and without the need to give prior notice of any amendment or change.  However a notice will appear on the website advising of any changes or amendments, such notice will remain on the Site for 30 days. The Terms and Conditions as they appear on the Site are deemed to be the operative ones.

 

1.2     A person who is not a party to agreement formed by your acceptance of thise Terms and Conditions has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. Any term of these Terms and Conditions may be varied, amended or modified without the consent of any third party.

 

 

2.       CONDITIONS OF SUBMISSION OF AN ADVERTISEMENT

2.1     All advertisements and other Content must be submitted by email or post using the tools and forms provided on the Site. All compulsory information must be provided or the submission will be rejected.

 

2.2     We reserve the right to refuse to publish any advertisement, but such right will not be exercised unreasonably.

 

2.2     Any advertisement that raises concerns about the welfare of horses may be investigated by us and/or disclosed to the appropriate animal welfare authorities.

 

2.3     Advertisements may be submitted via email or Royal Mail.  We will not be responsible for the loss/non-arrival of either.

 

2.4     The Registration Number of horses registered with the RoR should be provided, although this need not necessarily form part of the published advertisement.  For horses that are not registered with the RoR passport details are required (although they also need not form part of the published advertisement) so that verification checks can be made to confirm that the horse was in training in the UK.  Such information will be passed to the RoR for the purposes of monitoring the extent of ex-racehorse ownership in the UK.

 

2.5     To enable the processing of advertisements your full name, address and contact details are required.  However apart from providing suitable contact information, full names and addresses need not appear on a published advertisement.

 

2.6     Advertisements will remain on the site for a period of 4 weeks from the date of actual publishing; thereafter they will be removed unless advised to the contrary in which case a further fee will be payable.

 

2.7     If you wish to amend or remove a submitted advertisement, please email - Enquiries@sourceanexracehorse.co.uk.

 

2.8     If you are under 18 years of age, permission of a parent or guardian is required before an advertisement is published on this site.

 

 

3.       PAYMENT

 

3.1     Payment for an advertisement must be received in full prior to it being published on this site. Such payment is £10.00 and is inclusive of Value Added Tax.

 

3.2     Payment is accepted via sterling cheque, BACS or Credit Card.  Cheques should be made payable to "Source an Ex-racehorse" and posted to Frederick A. Cook Partnership, Marnham House,  Lattimer's Paddock, Pilsgate,Stamford, Lincs. PE9 3HL

 

Credit Card transactions should be made via telephone (please telephone: 01780 740773) as card details should not be included in an email.  Should you wish to make a BACS payment, bank details will be issued upon request.

 

Please note that we do not retain any banking or credit card details you provide. Thus, if at a future time you wish to submit another advertisement, such information will be requested again.

 

3.3     If you require a written receipt for such payment, then please provide an SAE, otherwise payments will be acknowledged by email or telephone.

 

 

4.       COPYRIGHT

 

4.1     Any photographs to be incorporated with any advertisement must have the consent of the copyright owner prior to submission.

 

 

5.       REFUNDS

 

5.1     No refunds can be issued once an advertisement has been published on the Site.  However if an advertisement is cancelled prior to being published then a refund will be issued.  Allow 14 days for the refund to be effected.

 

5.2     Payments made by cheque, BACS or cash will be refunded by cheque; payments made by credit cards will be refunded to the card used.

 

5.3     All refunds will be in Pounds Sterling.

 

5.4     Advertisers are responsible for the payment of any applicable taxes they may incur as a result of any sale or purchase transaction that arises from any Content posted on the Site.

 

6.       TRANSACTIONS BETWEEN PARTIES

6.1     It must not be assumed that because an advertisement appears on the Site that any transaction that transpires is legally valid. Advertisers must be legally entitled to effect a sale or loan.  We cannot be held responsible for transaction that proves to be invalid or illegal.

 

6.2     It is recommended that horses are vetted prior to purchase/loan by an independent veterinary surgeon i.e. one that has no connection with the vendor/loaner.

 


7.       OUR RESPONSIBILITIES

7.1     The Administrators of the "sourceanexracehorse" website promote responsible internet usage and every reasonable endeavour will be taken to maintain a site that is as safe and secure as possible.

7.2     Any inappropriate material will be removed from the Site.

 

7.3     We reserve the right to suspend or alter the operation of this site without notice at our discretion, for technical reasons or for reasons of legality.

8.       YOUR RESPONSIBILITIES

8.1     You shall not use the Site for the purpose of obtaining contact information with the intent of sending unsolicited e-mails or messages including, but not limited to, business advertisements or promotional material or to cause any person inconvenience, distress, or annoyance.

 

8.2     You may not use the Site to send/receive, download/upload, store, or distribute material that is illegal or that promotes illegal activity, or may reasonably be viewed as being, confidential, offensive, defamatory, obscene/indecent, abusive, deceptive or which infringes any person's Intellectual Property Rights. We reserve the right to disclose your identity to any third party who claims that any Content submitted by you infringes their rights.

 

8.3     You agree to defend, indemnify and hold us harmless from all liabilities, claims and expenses, including attorneys' fees, that arise from any breach of these Terms and Conditions and/or any infringement of any rights of any third party by you.

 

8.4     We reserve the right to remove any Content if it is the subject of any complaint and/or if, in our opinion, it does not comply with the content standards set out in these Terms and Conditions. You accept that it is our policy to remove Content before commencing any investigation.

 

8.5     Advertisers shall ensure that information contained in submitted advertisments is accurate and that they have legal title to sell, loan or rehome the horse subject of an advertisement.

 

8.6     You warrant in relation to each item of Content that you submit to the Site that:

 

8.6.1  you own or control all rights over the submitted Content and your submission of it, and its use by us under the licence set out in Clause 9.3 below, will not infringe the rights of any third party;

 

8.6.3  you understand and accept the content standards set out in Clause 8.2 above and the content take-down policy set out in Clause 13.3 below.

 


9.       INTELLECTUAL PROPERTY RIGHTS

 

9.1     All intellectual property in the Site is and shall remain the exclusive property of the adminstrators of the Site. You shall retain all ownership, title and interest in the intellectual property rights in relation to any Content submitted by you to the Site.

 

9.2     We grant to you a non-exclusive personal licence to access the Site including the Content submitted by users for personal, non-commercial purposes subject to your compliance with these Terms and Conditions. Save as set out in the previous sentence, no Content may be reproduced, copied or distributed without the express permission (in writing) of the Site's Administrators.

 

9.3     By posting any Content to the Site you grant us a perpetual, non-exclusive, worldwide, royalty-free, right (with the right to grant sublicences to other users of the Site and any other third party) to use, copy, display, adapt, modify and distribute such Content in any form.

 

10.     DISCLAIMERS/LIMITATION OF LIABILITY

 

10.1   We have no control over the accuracy of descriptions and bear no responsibility nor give any warranty as to the accuracy of any Content.  It is the responsibility of the individual to effect whatever investigations are deemed necessary in order to verify the information contained therein.

 

10.2   Without prejudice to any rights you may have as a consumer, you acknowledge and agree that the Site is provided "as is" and "as available". We do not warrant or represent that the Site or any Content is suitable for your requirements, fit for any particular purpose or that your use of the Site will be error or defect free, secure or uninterrupted.

 

10.3   The sale and purchase or loan of any horse following the appearance of any advertisement on this Site, and any disputes arising therefrom, shall be a matter for the buyer and seller only and we accept no responsibility to either party.

 

10.4   We accept no responsibility for any errors or omissions on this site, or for any consequences as a result of relying on information contained herein.

 

10.5   We accept no responsibility or liability with regards to anyone that acts upon any advice or information contained in the Site.  Any advice or information acted upon is done so entirely at the risk of the individual.

 

10.6   We hereby exclude any and all liability to you for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill and any indirect or consequential loss or damage incurred by you in connection with the Site or in connection with your use of, or inability to use, the Site, any websites linked to it and any Content posted on it.

 

10.7   Our maximum aggregate liability to you for any loss or damage of any kind, however arising and whether in tort (including negligence), breach of contract or otherwise shall in no circumstances exceed €25.

 

10.8   Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury arising from our negligence, our liability for fraud or any other liability which cannot be excluded or limited under applicable law.

 

 

11.     THIRD PARTY ADVERTISEMENTS AND LINKS.

 

11.1   We have no control over third party websites that may be accessed through hyperlinks provided on the Site. All such hyperlinks are provided "as is" without any warranties that any such websites, or any goods an services supplied via such websites, will be available, appropriate, fit for any particular purpose or virus free. You follow any such hyperlink at your own risk.

 


13.     WEBSITE AVAILABILITY

13.1   No warranty is given that the website service will be free from defaults and/or faults and no liability is accepted for non-availability or interrupted access to the website as a consequence of hosting, network, equipment, telecommunications services or power failures, natural events, acts of war, censorship or legal restrictions.

 

13.2   You acknowledge that the Site is made available for personal and non-commercial use only and is designed for access only by persons browsing the Content manually. You agree that you will not re-sell, deep-link, scrape or reproduce any Content for any commercial or competitive purpose. You agree not to use any system to access the Site that sends more requests to our server over a given period of time than a human could realistically have sent in the same period.

 

13.3   We reserve the right to terminate access to the Site or the Content or any part of it with immediate effect at any time, with or without cause and with or without notice.

 


14.     PRIVACY POLICY

14.1   We are governed by UK and International Privacy laws.  Information provided to us to facilitate the placing of an advertisement will be processed by us for that purpose and will not be passed to third parties unless we have reason to believe that doing so is necessary for our protection or the protection of others, is in the interests of site users or is in the interests of the welfare of any horse.

 

14.2.  Personal information about users of this site such as IP address, pages that may be visited and so on is not gathered or stored.  However third parties may use tracking technology for gathering data by or through this site over which we have no control, responsibility or liability.

 

14.3.  We have an obligation to co-operate with law enforcement agencies, the government or certain third parties. Thus in certain circumstances information we have may be disclosed if, in our sole discretion, we believe this to be necessary for an investigation particularly in connection with an illegal activity or any activity which exposes us to legal liability.

 

14.4.  Whilst reasonable measures are taken to safeguard information provided by clients of the Site, the internet is not a wholly secure environment so disclosure of information over the internet is done so at the client's risk.

 

15.     LAW AND JURISDICTION

15.1.  If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

15.2   The agreement formed between you and us by your acceptance of these Terms and Conditions constitutes the entire and only agreement between you and us in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. You acknowledge that neither you nor we are relying on any statements, warranties or representations given or made in relation to the subject matter of such agreement, save those expressly set out in these Terms and Conditions and that neither you nor we have any rights or remedies with respect to such subject matter otherwise than under these Terms and Conditions save to the extent that they arise out of fraud or fraudulent misrepresentation.

 

15.3   These User Terms are governed by and are in accordance with the laws of England. Any dispute between you and us shall be subject to the non-exclusive jurisdiction of the courts of England.

16.1   All communications shall be either by Royal Mail to FrederickA. Cook Partnerhsip, Marnham House, LAttimer's Paddock, Pilsgate, Stamford, Lincs. PE9 3HL or via e-mail to Enquiries@sourceanexracehorse.co.uk.

 

Any notice will be deemed received 3 days after posting (if sent by first class post) and on the day of sending if via e-mail.  Any e-mail received at a weekend or public holiday will be deemed received on the next business day.

 

 


16.     NOTICES