| This Agreement helps keep Horsebid.co.uk a safe place to buy and sell. Horsebid.co.uk is built on trust, and this Agreement helps promote that trust among all members of our community.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH Horsebid.co.uk OFFERS YOU ACCESS TO OUR SERVICES. BY REGISTERING WITH Horsebid.co.uk, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
We may amend this Agreement at any time.
- Eligibility for Membership.
Our services are available only to individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing,
our services are not available to minors. If you do not qualify, please
do not use our services.
- Fees.
Our then-current Fees and Credit Policies, are incorporated herein by
reference. Unless otherwise stated, all fees are quoted in U.K Pounds.
You are responsible for paying all applicable taxes and for all
hardware, software, service and other costs you incur to bid, buy,
procure a listing from us or access our servers. We may in our sole
discretion add, delete or change some or all of our services at any
time.
- Horsebid.co.uk is Only a Venue.
Our site acts as the venue for sellers to conduct auctions and for
bidders to bid on sellers' auctions. We are not involved in the actual
transaction 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 items or
the ability of buyers to buy items. We cannot and do not control
whether or not sellers will complete the sale of items they offer or
buyers will complete the purchase of items they have bid on. In
addition, note that there are risks of dealing with foreign nationals,
underage persons or people acting under false pretence. We encourage
you to communicate directly with a trading partner to help you evaluate
with whom you are dealing.
- No Links. Sellers
may not post any links to third party websites or email addresses in
the following areas; Auction listings, Wanted Ads, Stores, About Me,
Forums, Chatrooms and Blogs. If a member needs to ask a question
regarding a item listing they may do so via the “Ask Seller a Question”
feature found on the sellers information box. The reason why Horsebid.co.uk
can not allow website or email links within the designated areas is due
to our advertising program, this program allows members to purchase
advertising spots on Horsebid and
allowing such links in these areas will be unfair for the members that
have purchased advertising rights. If you have any questions or
comments regarding this topic please email admin@horsebid.co.uk
Because
we do not and cannot be involved in user-to-user dealings, in the event
that you have a dispute with one or more users, you release Horsebid.co.uk
(and our agents and employees) from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such disputes.
For
legal reasons, we cannot nor do we try to control the information
provided by other users (including feedback) which is made available
through our system. In particular, note that the pictures and graphics
displayed in seller's listing do not reside on our servers, and we do
not and cannot control these. By its very nature, other people's
information may be offensive, harmful or inaccurate, and in some cases
will be mislabelled or deceptively labelled. We expect that you will
use caution -- and common sense -- when using our site.
- Bidding and Buying.
If you bid on an item and your bid is accepted by the seller, you are
obligated to complete the transaction. Bids are not retractable except
in exceptional circumstances such as the seller materially changing the
description of the item after your bid or clear typographical errors.
You may not bid in a way that pulls other bidders to their maximum bid,
retract the high bid, and then rebid at a small increment above the
legitimate high bidder.
- Listing and Selling. Listings are text descriptions, graphics and pictures on Horsebid.co.uk's
web site supplied by you of either (a) the text describing the item you
are listing for auction or (b) links to the text, graphics and
picture(s) describing the item you are listing for auction. You may
post on Horsebid.co.uk's site either or both of these listing types, provided that you place such listings in their appropriate category, as Horsebid.co.uk may require.
If
you receive one or more bids at or above your stated minimum or reserve
price, then you are obligated to complete the transaction. You may not
email bidders in a currently open auction being run by a different
seller, offering similar or the same item at price levels below the
current bid (bid siphoning), nor may you use an alias to place bids to
make your auction a hot auction.
- Your Information.
Your information includes any information you provide to us or other
users during the registration, bidding or listing process, in any
public message area or through any email feature (defined herein as
"Your Information"). With respect to Your Information:
You
are solely responsible for Your Information, and we act as a passive
conduit for your online distribution and publication of Your
Information. However, we reserve the right to take any action with
respect to such information we deem necessary or appropriate in our
sole discretion if we believe it may create liability for us or may
cause us to lose (in whole or in part) the services of our ISPs or
other suppliers.
Your Information and the sale of your item(s) on Horsebid.co.uk:
(a) shall not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or
privacy; (b) shall not violate any law, statute, ordinance or
regulation (including without limitation those governing export
control, consumer protection, unfair competition, antidiscrimination or
false advertising); (c) shall not be defamatory, trade libellous,
unlawfully threatening or unlawfully harassing; (d) shall not be
obscene, contain child pornography or other pornographic or indecent
material; (e) shall not contain any viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information; and
(f) shall not link directly to or include descriptions of goods or
services that: (i) are identical to other items you have up for auction
but are priced lower than your auction item's reserve or minimum bid
amount; (ii) are concurrently listed for auction on a web site other
than Horsebid.co.uk's; or
(iii) you do not have a right to link to or include. Furthermore, you
may not post on our site or sell through our site any item that, by
paying to us the listing fee, could cause us to violate any applicable
law, statute, ordinance or regulation.
Solely to enable Horsebid.co.uk
to use Your Information you supply us with, so that we are not
violating any rights you might have in that information, you agree to
grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicense able (through multiple tiers) right to
exercise the copyright and publicity rights (but no other rights) you
have in Your Information, in any media now known or not currently
known, with respect to Your Information. Horsebid.co.uk will only use Your Information in transaction emails.
- No Price Manipulation.
Sellers may not manipulate the price of their item, either by using a
shill (a secondary account or third party) or by bidding themselves.
- System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Horsebid.co.uk
site or any auction being conducted on our site. You may not take any
action, which imposes an unreasonable or disproportionately large load
on our infrastructure. You may not disclose or share your password to
any third parties or use your password for any unauthorized purpose.
- Breach. We
may terminate your membership and any of your current auctions
immediately if you breach this Agreement or if we are unable to verify
or authenticate any information you provide to us.
- Privacy. Our then-current privacy policies are incorporated herein by reference.
- No Warranty. WE AND OUR SUPPLIERS PROVIDE THE Horsebid.co.uk
WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not apply to
you. This warranty gives you specific legal rights and you may also
have other legal rights which vary from state to state.
- Limit of Liability.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING,
INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT.
Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
- General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and
regulations regarding your use of our service and your bidding on,
listing, purchase and sale of items.
- No Agency. You and Horsebid.co.uk
are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement.
- Notices. Except as explicitly stated otherwise, any notices shall be given by email to Administrator (in the case of Horsebid.co.uk) or to the email address you provide to Horsebid.co.uk
during the registration process (in your case), or such other address
as the party shall specify. Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, we may give you notice by certified
mail, postage prepaid and return receipt requested, to the address
provided to Horsebid.co.uk during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
- General. This
Agreement shall be governed in all respects by the laws of the United
Kingdom and United States as such laws are applied to agreements
entered into and to be performed entirely within UK and United States
between UK and United States residents. Both parties submit to
jurisdiction in UK and United States and further agree that any cause
of action arising under this Agreement shall be brought exclusively in
a court in UK or and United States. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of our
site may be interfered with by numerous factors outside of our control.
If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope or extent
of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or
similar breaches. This Agreement sets forth the entire understanding
and agreement between us with respect to the subject matter hereof.
- Disclosures. The services hereunder are offered by Horsebid.co.uk
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