ELITE FOALS (ELITEFOALS.CO.UK) Terms and Conditions of registration and use

These terms (together with our Privacy Policy and Cookies Policy) give you information about us and are the legal terms and conditions (Terms) upon which we have agreed to provide you with access, browsing or the ability to view the advertising for horses, foals and embryos, and registration for an account which will allow you to submit an advert to www.elitefoals.co.uk.

Please therefore read these Terms carefully and make sure that you understand them, before submitting an advert or using any of our services. Please note that before accessing the services or purchasing an advert, you will be explicitly asked to agree to these Terms. If you refuse to accept these Terms, you will not be permitted to submit an advert or use our services.

We may amend these Terms from time to time as set out in clause 6. Every time you wish to make use of our services, please check these Terms to ensure you understand the terms which will apply at that time.

1    Information about us

1.1    The website www.elitefoals.co.uk is operated by Elite Stallions (UK) Limited, a company registered in England and Wales with the following details:

1.1.1    Elite Stallions (UK) Limited - company number 9402852. VAT number 203937321.
1.1.2.   Registered office: West Newton, Zeal Monachorum, Crediton, Devon EX17 6LL.

1.2    You may contact us in respect of either of our sites by e-mailing us at info@elitestallions.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 13.2.

2    Services

2.1    Subject to your compliance with these Terms, you will have access to the Services provided through our sites.
2.2    Please note that we reserve the right to withdraw or amend the Services we provide on our site.  You acknowledge that these are websites that are delivered to you by means of the internet and that it is an inherently unreliable medium, and that we should therefore not be liable to you if for any reason either of our sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our sites, and we are not obliged to offer or provide an explanation or compensation if any of our services become unreliable.
2.3    It is your sole responsibility to ensure that information on our sites, which is provided either by you or a third party, is correct. W cannot make any representation or give any guarantee or warranty as to the completeness or accuracy of the information contained in any user posted content or accept any responsibility for this as we are merely providing access to such information to you.
2.6    You must not misuse our sites by knowingly introducing any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored nor any server, computer or database connected to our sites. You must not attack any of our sites 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 sites will cease immediately.

3    Advert Content, Authority and Agreement

3.1    To be eligible to use our services, you must (i) have full legal capacity to enter into a contract; (ii) if you are an individual, be at least 18 years old.
3.2    These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
3.3    You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
3.4    In registering on our sites you agree to the following:

3.4.1    by lodging material with us for publication to our sites or authorising or approving the publication of any material onto our sites you warrant that:

(a)    you have all required consents, licenses or permission to use the material;
(b)    the material complies with all applicable laws and regulations in the UK and in any country from which it is posted;
(c)    the material is not:

(i)    defamatory, obscene, offensive, threatening, hateful, abusive or inflammatory;  
(ii)    made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(iii)    does not infringe any intellectual property rights of any other person or entity;
(iv)    promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(v)    false, fraudulent, misleading or inaccurate, including giving the impression they emanate from us (or any other person or company), if this is not the case;

(d)    you either own or are legally entitled to sell each animal listed and that the sale of such animal is legal in the jurisdiction in which the buyer is resident and such item is not unlawfully gained, stolen or the subject of a legal dispute.

3.4.2    Whilst we do not monitor the sites in order to ascertain whether or not you have acted in accordance with the above obligations, if we determine that you are in breach of any of the terms of this 5.5.1, we may, in our absolute discretion, take any such action as we deem appropriate, including (but not limited to): removing any content uploaded by you to our sites; issuing a formal warning to you; suspending or terminating your access to our sites; reporting your actions to the appropriate authorities; or taking legal action against you.  For the avoidance of doubt, YOU MUST OWN OR HAVE A LICENCE TO USE ANY AND ALL IMAGES THAT YOU USE WITHIN YOUR ADVERTS.  
3.4.3    we are not responsible for verifying the identity of any users nor are we responsible for the purchase of any animals, and you accept that any purchase is at your own risk and are responsible for obtaining any appropriate professional advice required prior to purchasing;
3.4.4    In the event that you have any right, claim or action against any other user arising from that user's use of our sites, you agree to pursue such right, claim or action independently of and without recourse to us, and you release us from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action;
3.4.5    You may 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 must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to any of our sites in any website that is not owned by you. Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice.
3.4.6    Upon adding an advert to a site by clicking the “submit” button you acknowledge that the advert will not appear immediately and will be reviewed by us before being visible to the public, but you will be charged immediately in full. If for any reason we deem your advert to be unacceptable for publication on our site, you will be refunded the cost of your advert, less a 10% administration fee, within ten working days.
3.4.7    and you shall indemnify us in full against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of 3.4.1 – 3.4.6 above.

4    Our right to vary these Terms

4.1    We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
4.2    Every time you purchase a Subscription from us, the Terms in force at the time of your purchase will apply to the Contract between you and us.
4.3    We may revise these Terms as they apply to your Subscription from time to time to reflect the following circumstances:

4.3.1    changes in relevant laws and regulatory requirements; or
4.3.2    where changes are made to our sites or the Services; or
4.3.3    where we change the supplier that operates the sites on our behalf.

4.4    If we have to revise these Terms as they apply to your Subscription (including an increase to the Subscription Fee in 7.2 below), we will contact you to give you advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. Where you cancel your Subscription we will arrange a refund of the Subscription Fee you have paid on a pro-rata basis, taking into account the benefit of the Subscription Period for which you have had access to the Services.

5    Your account and use of the Services

5.1    You must treat your account details, including your username and password, as confidential, and not disclose them to any third party other than those employees or members of your business who have your authority to access our sites.
5.2    If you know or suspect that anyone other than a third party you have specifically authorised knows your user identification code or password, you must promptly notify us at office@elitestallions.co.uk.
5.3    You are responsible for any activities that occur under your account. We shall not be liable to you or any third party for any loss or damage which may arise as a result of any failure by you to keep your password or account confidential.
5.4    Our sites may only be used for lawful purposes. You are prohibited from violating or attempting to violate the security of our sites or using them to obtain products or services not properly ordered and fully paid for.
5.5    You may not interrupt or attempt to interrupt the operation of our sites in any way or send unsolicited email messages ('Spam') to or through our sites or otherwise harass the site owner, provider, or other users.
5.7    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 sole opinion you have failed to comply with any of the provisions of these Terms.

6    Our Provision of the Services

6.1    We will make reasonable efforts to keep the services operational at all times. Technical difficulties may result in temporary interruptions to the Services.
6.2    No interruptions to the services shall entitle you to a refund of any payment already made by you.
6.3    We are under no obligation to provide any content for the services and reserve the right to upload, remove, vary, edit, or otherwise deal with any content provided on our sites from time to time.

7    Licence and intellectual property

7.1    Any content you upload to our sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you by these Terms you grant us and other users of our sites a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to any of our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
7.3    All intellectual property rights, and all other rights including goodwill, whether now known or created in the future, in the content provided through the Services is our property and shall vest in us.
7.4    Under the User Contract and the Subscriber Contract we grant you a limited, non-exclusive, revocable licence to view, access, download or print content provided through the Services (Licence). When you download or print any content, you must ensure that all copyright, trade mark and other proprietary notices comprised within that content are retained.  
7.5    You shall not assign or sub-licence your rights under the Licence.
7.6    Your Licence does not permit you to:

7.6.1    copy;
7.6.2    amend or modify;
7.6.3    reproduce;
7.6.4    republish;
7.6.5    post;
7.6.6    broadcast; or
7.6.7    transmit

7.7    content or material provided via the Services, use any of our trade marks, or authorise or assist anyone else to do so without our express prior written consent.
7.8    If you breach the terms of this clause 11, we may, in our absolute discretion, terminate your right to use any of our sites immediately and in any event you must, at our option, return or destroy any copies of the materials you have made

8    Liability

8.1    Nothing in these Terms limits or excludes our liability for:

8.1.1    death or personal injury caused by our negligence; or
8.1.2    fraud or fraudulent misrepresentation;

8.2    Subject to clause 12.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

8.2.1    any loss of profits, sales, business, or revenue;
8.2.2    loss or corruption of data, information or software;
8.2.3    loss of business opportunity;
8.2.4    loss of anticipated savings;
8.2.5    loss of goodwill; or
8.2.6    any indirect or consequential loss.

8.3    We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

8.3.1    use of, or inability to use, our sites; or
8.3.2    use of or reliance on any content displayed on our sites.

8.4    We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on them, or on any website linked to them.
8.5    We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
8.7    You shall remain solely responsible for compliance with your legal duties and obligations, including (but without limitation) in respect of all sales or services provided to your own customers.
8.8    Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the content provided through the Services is suitable for your purposes.

Communications

When we refer, in these Terms, to "in writing", this will include e-mail.

Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service to:

West Newton
Zeal Monachorum
Crediton
Devon
EX17 6LL

Or by e-mail to info@elitestallions.co.uk. We make no guarantees that an email will be received, read or replied to; if you require a response, you MUST write to us by post.

A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting.

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Confidential information

Any non-personal information or material, save for financial information, sent to us will be deemed NOT to be confidential. By sending us any non-personal information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless, you grant us permission to do so, we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or we are required to do so by law.

The Elite Foals Web Site

Elite Stallions, via the Elite Foals website (www.elitefoals.co.uk) acts as a venue which allows users to advertise foals, mares, youngstock and foals in-utero. We are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell or the ability of buyers to buy. Do not assume that the sale, purchase, export or import of any animal is valid and legal simply because it is listed on our website. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you. Elite Stallions recommends that you have any horse/pony/foal that you wish to purchase vetted prior to purchase by a professional veterinary surgeon independent from the seller, and that for mares in foal, you have the mare examined by ultrasound as close to purchase as possible to confirm pregnancy. Elite Stallions cannot be held responsible for buyers purchasing horses/ponies that are unsuitable for the capability or uses of the purchaser, are infertile, barren, lame, or not as described. Elite Stallions cannot be held responsible for mares listed as ‘in-foal’, that do not subsequently produce a live foal, or that produce a foal that it is later proven is not sired by the stallion advertised. Buyers buy at their own risk and must take the appropriate professional advice prior to purchasing.

Elite Stallions cannot and does not confirm the purported identity of users or the validity of the information which users post to our website

In the event that you have any right, claim or action against any other user arising from that user's use of our website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Elite Stallions from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.

If you are a seller, you must ensure that you are legally able to sell each item described, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction.

All photographs used on the web site must have the prior consent of the photographer. The seller is responsible for gaining any photographers approval prior to forwarding photographs to Elite Stallions t to use on the Elite Foals web site. Elite Stallions cannot be held responsible for any issues arising due to copyright protection on photographs.

Sellers or traders will be responsible for paying all fees associated with using our service and our website and all applicable taxes

If you register for a User ID to enable you to amend or change your advert you are responsible for all actions taken under that User ID. It is your responsibility to keep your User ID safe. You have no right to disclose or transfer your User ID to any other person.

"Your Information" is defined as any information you provide to us or other users in relation to the Elite Foals service, provided by Elite Stallions (including, without limitation, any description of items listed). You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

ADVERTISEMENT CONTENTS

1. Contents are only for general information.

2. The Elite Foals website is updated regularly. However, we hereby exclude any warranties as to the quality, accuracy, completeness, performance, fitness for a particular purpose of the Site or any of its contents.

3. Elite Stallions and its owners will not be liable for any damages without limitation, damages for any consequential loss or loss of business opportunities or loss of profits; However, arising from the use of or inability to use the Elite Foals site, or any of its contents, or from any action or omission taken as a result of using the Site or any of its contents.

4. This Site contains material in the form of advertisements submitted by third party advertisers and we accept no responsibility for the content or accuracy of such advertisements, nor do we make any guarantee of the contents of this Site in respect of the existence or availability of anything advertised whatsoever.

5. We make no warranty that the contents of the Site are free from infection or viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.

6. Where part of the Site contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with all legal requirements. Although acceptance of advertisements on the Site is subject to our discretion, we do not accept liability in respect of any advertisements.

7. All liability is excluded to the extent permitted by law including any implied terms.

REFUSAL OF ADVERTISEMENTS

Elite Stallions accepts advertisements for diplay on the Elite Foals website at its own discretion. Elite Stallions has a right to reject any advertisments if we feel the advert does not comply with the terms and conditions of advertising, or if the animal offered for sale is not of acceptable age, breeding, type, or quality in line with the target market. Elite Stallions does not have to justify its reasoning for the rejection of any advertisements.

If an advertiser is stopped from advertising on the web site for whatever reason (which Elite Stallions does not have to justify), they will receive notification of this in an email or by letter.

If an advertiser does not comply with the Elite Foals Terms and Conditions of Advertising, Elite Foals will withdraw any advertiser’s advert from the web site without warning and no refund will be made.

Elite Foals will reject adverts from advertisers who are under 18 years old.

All advertisers must provide a valid telephone number, email address and postal address in order to submit an advert to the website. Only the email address and telephone number will be made available to the public; the postal address shall be retained and stored by Elite Stallions only for invoicing and debt collection purposes.