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.
1. Privacy
Please view our Privacy Policy below, so that
you are able to understand Thoroughbred Advertising’s
approach to the issue of privacy.
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.
10. Trademarks
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.
11. Patents
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.
12.2 Customs
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.
12.3 Returns
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.
15. Children
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.
17. Disclaimer
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.
19. Termination
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.
21. Waiver
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.
22. Losses
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
1.7.1 Thoroughbred Advertising uses your
personal data in the manner set out in the Privacy
Policy (see Schedule 1) and as further described in
these conditions in so far as it is applicable to
personal data collected or used in connection with
the Site and the Services. By using the Services and
the Site, you consent to the collection and use of
your personal data by Thoroughbred Advertising in
the manner set out in the Privacy Policy. If we decide
to change our Privacy Policy, we will post those changes
on the Privacy Policy page so that you are always
aware of what information we collect, how we use it
and under what circumstances we disclose it. You should
check the Privacy Policy frequently for changes. Please
note that the information you provide to us in using
the Services and the Site may be transferred outside
the European Economic Area for the purposes of processing
by Thoroughbred Advertising and its affiliates and
in order to maintain customer accounts for you at
other Thoroughbred Advertising sites. By using the
Services and the Site, you consent to this transfer.
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.
1.11.3 Severability
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.
1.11.5 Variations
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.
1.11.6 Notices
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.
Thoroughbred
Advertising
42a Station Road East
Oxted,
Surrey
RH8 0PG,
England
Telephone + 44 (0) 1883 714800
Facsimile: + 44 (0) 1883 714080