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PINPOINT ADVERTISING LIMITED
(Trading as THOROUGHBRED ADVERTISING)
Conditions relating to your use of the Thoroughbred Advertising Website
THOROUGHBRED ADVERTISING is the trading name of Pinpoint Advertising Ltd
and the conditions which follow shall be construed accordingly.
Welcome to the Thoroughbred Advertising Website (“the Website”). Thoroughbred Advertising and its affiliates provide access to the website and sells its products to you subject to the conditions set out in these conditions which include, as applicable, the Schedules to these conditions. Please read these conditions (by which is meant these Conditions and the Schedules which form part of them) carefully before using the website. By using the website you signify your agreement to be bound by the conditions. You confirm that you have read and understood the conditions. In addition when you use any current or future Thoroughbred Advertising service you will also be subject to guidelines and conditions applicable to that service.
2. Access to the Website
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
3. Licence for website access
Thoroughbred Advertising grants you a limited licence to access and make personal use of this website, but not to modify it, or any portion of it, except with express written consent of Thoroughbred Advertising. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Neither the website nor any portion of this website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Thoroughbred Advertising and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Thoroughbred Advertising and its affiliates’ names or trademarks without the express written consent of Thoroughbred Advertising. Any unauthorised use terminates the permission or license granted by Thoroughbred Advertising.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Home page of Thoroughbred Advertising as long as the link does not portray Thoroughbred Advertising, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Thoroughbred Advertising logo or other proprietary graphic or trademark as part of the link without our express written consent.
4. Account Holders
If you are an account holder using this website or any of our other services which require an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
Thoroughbred Advertising reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
5. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Thoroughbred Advertising, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
(a) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
(b) to send, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
(c) to cause annoyance, inconvenience or needless anxiety
6. Communications via the Site
Users of this website may send communications and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Thoroughbred Advertising Limited reserves the right (but not the obligation) to remove or edit any content.
If you do submit material, and unless we indicate otherwise, you
(a) grant Thoroughbred Advertising and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) grant Thoroughbred Advertising and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Thoroughbred Advertising including the execution of deeds and documents, at the request of Thoroughbred Advertising.
You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that, as at the date that the content or material is submitted to Thoroughbred Advertising: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Thoroughbred Advertising’s policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Thoroughbred Advertising and its affiliates for all claims brought by a third party against Thoroughbred Advertising or its affiliates arising out of or in connection with a breach of any of these warranties.
7. Untrue or misleading statements
Because the website hosts third party material for sale and/or otherwise, it is not possible for us to be aware of the contents of everything listed on the website, or of each comment or section of text that is displayed. Accordingly, if you believe that any content on or advertised for sale on the website contains a defamatory or untrue or misleading statement please notify us immediately at our email below. When you have done this we will make all reasonable endeavours to remove the defamatory contents complained about within a reasonable time.
8. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Thoroughbred Advertising, its affiliates or its content suppliers and is, or may be protected by international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of Thoroughbred Advertising and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Thoroughbred Advertising, our affiliates or our software suppliers and is protected by international copyright and authors’ rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Thoroughbred Advertising's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Thoroughbred Advertising’s express written consent. You also may not create and/or publish your own database that features substantial parts of this website without Thoroughbred Advertising’s express written consent.
9. Copyright claims
Thoroughbred Advertising and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately at our email below.
Various alphabetical configurations, graphics, designs and other marks indicated on our website are trademarks or registered trademarks of Thoroughbred Advertising or its affiliates (collectively “Thoroughbred Advertising”), in the European Union and/or other jurisdictions. Thoroughbred Advertising's trademarks or trade dress of may not be used in connection with any product or service that is not Thoroughbred Advertising’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Thoroughbred Advertising. All other trademarks not owned by Thoroughbred Advertising that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Thoroughbred Advertising.
The attention of users is drawn to the fact that one or more patents may apply to the website and to the features and services accessible via the website.
12. Buying Products or Services from Thoroughbred Advertising
When you place an order to purchase a product or service from Thoroughbred Advertising, in relation to which Thoroughbred Advertising itself is the seller or supplier, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we have despatched that product to you. That acceptance will be complete at the time we send the despatch confirmation e-mail to you. Any products on the same order which we have not confirmed in a despatch confirmation e-mail to have been despatched do not form part of that contract.
12.1 Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that despatch estimates are just that. They are not guaranteed despatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable. Despite our efforts, a small number of products on the website may be mispriced. However, we will verify prices as part of despatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before despatch or cancel your order and notify you of such cancellation.
When ordering goods from Thoroughbred Advertising for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Thoroughbred Advertising, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers despatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Please review Thoroughbred Advertising’s Returns Policy, which only applies to products purchased directly from us rather than to products of third parties selling through the website or by reason of advertisements on the website.
13. Buying Products or Services from Third Parties
Parties other than Thoroughbred Advertising and its affiliates operate stores, provide services, or sell product lines on this website. Thoroughbred Advertising does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions. You should carefully review their privacy statements and other conditions of use, including their Refund and Return Policies. In any case where Thoroughbred Advertising is not the seller or supplier (for instance, where a transaction results from a third party advertisement on the Website) the Conditions set out in Schedule 2 will apply.
14. Health & Safety
By purchasing any product from our website you acknowledge that prior to unwrapping or use you have read and understood all warnings, notices and instructions concerning the relevant items displayed either on the packaging or on the products themselves.
This Site does not sell products for purchase by children. If you are under 18, you may use the website only with the involvement of a parent or guardian.
16. Electronic communications
When you visit Thoroughbred Advertising or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Thoroughbred Advertising makes no representation or warranty of any kind, express or implied as to the operation of the website or the information, content, materials or products included in the website. To the fullest extent permissible by applicable law, you expressly agree that your use of this site is at your sole risk. Thoroughbred Advertising does not warrant that this site, its servers or emails sent from Thoroughbred Advertising are free from viruses or other harmful components. Thoroughbred Advertising will not be liable for any damages of any kind arising from the use of this website.
18. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions at any time. You will be subject to the policies and conditions of these Conditions in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Thoroughbred Advertising may, in its sole discretion, terminate access to the site or any services available on the site without notice to any user of the site or any services available on the site without notice to any user of the site without assigning a reason for so doing.
20. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Thoroughbred Advertising will be responsible for any loss you suffer as a result of our breaching these conditions so long as such loss was reasonably foreseeable to both you and us when you commenced using the website, or when a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
23. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England and for all purposes connected with or arising from these conditions you agree to submit to the non-exclusive jurisdiction of the High Court of Justice in England.
Sales by Third Parties
Third Party Advertisements, supplies of services by Third Parties and sales and purchases between website users
This Schedule contains terms and conditions which relate to advertisements on the website by third parties (whether relating to job vacancies, the availability of specified services or the sale of goods and products or otherwise). The Schedule also contains certain terms and conditions which will form part of any contractual relationship which may be established between users of the website who form contractual or other legal relationships with other third parties through using the website. You confirm and acknowledge, by using the website, that you have read and understood and agreed to all of the terms and conditions relating to your use of the Thoroughbred Advertising Website (whether contained in this Schedule 3 or otherwise). In particular (but without limitation) you acknowledge that you have read and understood the clauses relating to the Disclaimer of Warranties, limitation of liabilities, protection and use of personal data and your consent to the publication of feedback and ratings about your performance on the site.
1. Thoroughbred Advertising’s Role
Thoroughbred Advertising is not an auctioneer, neither is it an intermediary between the buyer and the seller or between the party advertising or offering services and any other party accepting such services or making an offer in respect of advertised services. Thoroughbred Advertising provides a venue for advertisers, sellers and buyers to negotiate and complete transactions. Save where Thoroughbred Advertising acts itself as a seller, Thoroughbred Advertising is not involved in the actual transaction between sellers and buyers (or between the buyers and receivers of services) and is not the agent of and has no authority for such persons for any purpose. Accordingly, the contract formed at the close of a transaction is solely between the buyer and seller or, as applicable between the offeror or acceptor. The enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility exclusively of the parties to that transaction. Thoroughbred Advertising is not obliged to mediate between the parties or enforce or execute fulfilment of any contract. Third party users of the website transact business between themselves and other users entirely at their own risk.
A. General Conditions
1. To use the website for advertising, supplying services, selling goods or products, acquiring services, goods or products (all of which are referred to as “third Party services”) (i) you must be an individual that is resident, or a business that is established, in the United Kingdom ; (ii) the goods you are selling must be physically located in the United Kingdom at the time of sale; and (iii) the place of supply of any services you are selling must be in the United Kingdom provided always that if any one or more of the conditions stated under (i) (ii) or (ii) above do not apply then you nonetheless acknowledge that English law will apply to any contractual or pre-contractual arrangements which are established between you and any third party irrespective of any other law which may be asserted as being applicable and/or which might, but for this provision, apply to such arrangements. Please note that if you are selling goods as a trader in the course of your business, you may be required by law to make that fact clear to potential buyers in your listing.
1.1. You must provide your real name, address, phone number, e-mail address and valid credit or debit card information. You warrant to Thoroughbred Advertising that the information you provide during the registration process (and any notification of change of such information) is true and correct.
1.1.2 You are obliged to notify Thoroughbred Advertising of any changes to your information immediately.
1.1.3 If you provide false or incorrect information or do not notify Thoroughbred Advertising of changes to your information immediately, Thoroughbred Advertising reserves the right to terminate your account immediately and without notice to you.
1.1.4 You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorised by you to use your account) and you are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
1.2 Prohibited Items
The following items must not be listed or advertised on the Site by sellers or purchasers or offered for by buyers or prospective buyers:
1.2.1 Offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age;
1.2.2 Obscene material including pornographic material (eg: material rated R +18, home porn and hardcore material);
1.2.3 Intoxicating liquor and tobacco (except where the seller is properly licensed under applicable law) and home-made alcoholic beverages;
1.2.4 Firearms and ammunition;
1.2.5 Stolen goods;
1.2.6 Items that infringe another party's copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right.
1.2.7 Illegal or prescription drugs;
1.2.8 Items whose sale, distribution or offering for sale is prohibited by any applicable law;
1.2.9 Items whose sale is subject to export restrictions
1.2.10 Offensive weapons, poisons and dangerous substances (as defined by the applicable law or laws).
1.3 Contract fulfilment
1.3.1 If, by law, an agreement for the transfer of any property must be evidenced in writing or in some specific form, then the buyer and seller agree, on the close of a transaction to complete the transaction in writing and/or in the relevant form (as the case may be).
1.3.2 Unless the buyer and seller expressly agree otherwise, the following terms and conditions will apply to the contract between the buyer and seller for the sale of the relevant item:
(a) the buyer will be required to make full payment to the seller by means stipulated in the relevant contract
(b) items or services sold must be despatched or carried out by the seller within the time frame specified in the relevant contract.
(c) All postage, customs and excise duty, VAT and any other taxes associated with the transaction will be paid by the buyer and it is the seller's responsibility to determine, collect and remit the applicable VAT, customs and excise duties and any other taxes associated with the auction or Fixed Price Sale. Unless otherwise agreed by us in advance in writing, the price of any items sold or advertised for sale must be displayed inclusive of any Customs and Excise duty. VAT and any other taxes associated with the Fixed Price Sale, which may be applicable and sellers will not charge or seek to charge the buyer for any customs and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Site;
(d) buyers are required to pay sellers in the currency stipulated in the relevant advertisement/offer/invitation/contract;
(e) the sale will be subject to any warranties implied under applicable law; and
(f) the contract between the buyer and seller will be governed by the laws of England and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.
1.4 Thoroughbred Advertising’s Reservation of Rights
Thoroughbred Advertising retains the right, if it considers it necessary, to: immediately halt any transaction between third parties; prevent or restrict access to the Site or the Services available on the site; or take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorised items, unlawful items or items prohibited for listing on the Site. Thoroughbred Advertising reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable. Without prejudice to the generality of the foregoing and any other rights that Thoroughbred Advertising may have; Thoroughbred Advertising reserves the right to refuse listings or to immediately remove listings where Thoroughbred Advertising objects to how you identify yourself on the site (including but not by way of limitation your name branding or mark) and/or if you are otherwise making inappropriate use of your domain
1.5 Risk of interruptions
Because of the risk of interruptions to and/or of unavailability of the services on the site (whether for planned maintenance, repairs or otherwise) third parties using the site are recommended to incorporate within their terms (and in particular, but without limitation with regard to acceptance deadlines) a framework which makes due and appropriate allowance for the risks of such interruptions and/or unavailability.
1.6 Grants of Licence, Intellectual Property and Linking and Framing
1.6.1 Licenses: (a) By using the website you grant to Thoroughbred Advertising and its affiliates a non-exclusive worldwide royalty-free, perpetual, irrevocable, right to exercise all copyright, database rights and rights of publicity over the material displayed in your listings, or in any other catalogue or product information that you provide to us (excluding any of your logos, trademarks or other similar branding), in any similar or future media, known or unknown, now or at any later date.
(b) Thoroughbred Advertising grants a limited non-transferable licence to each person using only the Site to make personal use only of the site and the services in accordance with these terms. This licence expressly excludes, without limitation: any resale or commercial use of the Site and the Services; modifying, distributing, copying, republishing or making any derivative of the
Site or the Services; the collection and use of e-mail addresses or other third party user information, Ratings, Feedback or listings, or any data extraction or data mining whatsoever.
1.6.2 Intellectual Property Rights
Subject to the licence granted to you under Clause 1.6.1(b), Thoroughbred Advertising reserves all right, title and interest in its and its affiliates' intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names and any other similar protected rights in any country) in the Site and the Services. Any goodwill accruing out of the use of Thoroughbred Advertising and its affiliates' trade marks, trade and business names and service marks under these terms will vest in Thoroughbred Advertising and its affiliates, as the case may be.
1.6.3 Linking to the Site and prohibition on Framing
Despite anything else contained in this Agreement, you must ensure that each link (graphical, text or otherwise) to the Site posted or maintained on any location by you or on your behalf, conveys users directly to the Site, without displaying or performing any other advertisement, promotion or content (whether audio, visual, audio-visual or otherwise). In addition, you must not take any action, or assist, authorise or encourage any third party to take any action, that would cause the appearance or presentation of the Site as seen by users linking to the Site to be different from that seen by users who access the Site by hand-entering the applicable URL into a generally commercially available browser which has not been customised for a particular person or entity. Without limiting the generality of the foregoing, you must not, at any time, make use of any framing techniques or technologies, interstitial advertisements, pop-up windows or consoles or other similar items or techniques in connection with any link to or on the Site.
1.6.4 Linking off the Site
Advertisers and Sellers must not include any links (graphical, text or otherwise) in relation to any goods or services advertised or in respect of which offers are invited (save where such links convey users directly to another location on the site) without displaying or performing any other advertisements, promotions, content (where audio visual or otherwise) except as approved in advance in writing by Thoroughbred Advertising you will not and you will cause affiliates not to directly or indirectly as defined below:-
(a) sell, barter, disclose or transfer to any Third Party, any data acquired by you as a result of any Marketplace transaction (whether this is information that pertains to the identity of a user and/or buyer, the order or referral information (here meaning any information disclosing that a buyer purchased a product through the Site, and/or any other personally identifiable information regarding any user and/or buyer), or permit any Third Party to have access to the same;
(b) send to any advertiser, user or buyer of the Services any non-electronic direct-mail marketing that promotes or advertises anyone (including you and your affiliates);
(c) send to any user or buyer of the Services any electronic communication except as necessary to complete any buyer's transaction or to respond to a customer service enquiry made by such buyer concerning such transaction;
(d) include in any communication made or authorised by you with any user of the Services and/or any buyer including, without limitation, in any order (including the packaging of the order and any promotional pieces, invoices and the like sent with it), order confirmation and/or other communication made in connection with the fulfillment of a transaction:
(i) any offer from or reference to any Third Party and/or
(ii) any link or reference to any website other than the Site (or otherwise seek to direct any person to any website other than the Site), except that you may include in any communication to a buyer links or references (or otherwise direct such buyer to your website solely in connection with your fulfillment of, or as necessary to provide customer service with respect to such applicable purchase);
(e) target (on any basis via any means) unsolicited communications of any kind to any user of the Services and/or any buyer. You will comply with the Data Protection Act 1998 including, but not limited to, the Seventh Principle.
1.7 Data Protection and Privacy
1.7.2 Unless otherwise authorised or consented, you agree not to use any information regarding other participants that is accessible from the Site, except to enter into and complete transactions conducted via the Site. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or otherwise objectionable conduct.
1.8 No Warranties
1.8.1 Disclaimer of Warranties. Thoroughbred Advertising makes no other representations or warranties of any kind, express or implied, including without limitation: (a) any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (b) that the site or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error; (c) the information, content, materials or products included on the site will be as represented by sellers, available for sale at the time of auction, lawful to sell, or that sellers or buyers will perform as promised. (d) any implied warranty arising from course of dealing or usage of trade; and (e) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Thoroughbred Advertising to the full extent permissible under applicable law, Thoroughbred Advertising disclaims any and all such warranties.
1.8.2 General release. Because Thoroughbred Advertising is not involved in transactions between buyers and sellers (and/or between the offerors and acceptors of the services) or any other dealings, you specifically release Thoroughbred Advertising, if a dispute arises between one or more site users, from all 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 and such release extends to the employees, representatives and agents of Thoroughbred Advertising as well as to Thoroughbred Advertising itself.
1.9 Limitation of Liability
1.9.1 To the fullest extent permitted at law, Thoroughbred Advertising will not be liable (whether in contract, tort including negligence, or under any statutory implied term) for any damages of any kind including without limitation direct, indirect, incidental, punitive, special and consequential damages (including, without limitation, loss of profits, loss of revenue or loss of data) arising out of or in connection with the Site, the services, the inability to use the Services or resulting from any goods or services purchased or obtained or messages received or feedback or ratings posted to the Site or transactions entered into through the Services, whether or not Thoroughbred Advertising has been advised of the possibility of such damage.
1.10 VAT and other taxes on the sale of goods and/or services by Sellers
You agree that it is the seller's responsibility to determine whether VAT, customs duties, excise taxes or other taxes apply to the sale of goods and services to the buyer and to collect, report and remit the correct tax, as applicable, to the appropriate tax authority. You agree that, unless otherwise agreed by us with a seller in advance in writing, the price stated by any seller for any goods or services offered on the Site is inclusive of any VAT, customs duty, excise tax or other tax that the seller may be required to remit in connection with such sale. You also agree that Amazon is not obliged to determine whether VAT or other taxes apply to any sale of any goods or services by a seller to a buyer on the Site and is not responsible for collecting, remitting or reporting any VAT or other taxes arising from such sale.
1.11 Entire Agreement
1.11.1 This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
1.11.2 No Agency; Third-Party Beneficiary
Thoroughbred Advertising is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Thoroughbred Advertising and its affiliates, you, and relying buyers or sellers.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
1.11.4 No Waiver
Thoroughbred Advertising’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Thoroughbred Advertising’s right to subsequently enforce such provision or any other provisions of this Agreement.
Thoroughbred Advertising reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the site or services at any time and in its sole discretion, any changes will be effective upon posting of the revisions on the site or notice of changes to this agreement will be posted on the site for thirty days. You are responsible for reviewing the notice and any applicable changes. Your continued use of this site and the services following Thoroughbred Advertising posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this agreement, then your only remedy is to cease use of the services or this site.
Notices can be sent to you at the e-mail address you provided to Thoroughbred Advertising. You may send notices to Thoroughbred Advertising as below:
1.11.7 Governing Law
These terms and conditions will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the High Court of Justice in England for all purposes connected with or arising herefrom.
42a Station Road East
Oxted, Surrey RH8 0PG, England
Telephone + 44 (0) 1883 714800
Facsimile: + 44 (0) 1883 714080
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Each Advertised Stallion comprises:
An Overview • Stud Record • Sales Record • Race Record • Pedigree Record