Terms and conditions - RoR Source a Horse

1.1      We operate the websites http://www.ror.org.uk and sourceahorse.ror.org.uk. We are Retraining of Racehorses, a charity and a company limited by guarantee registered in England and Wales under company number 04089376.  Our registered office is at Retraining of Racehorses, c/o 75 High Holborn, London, WC1V 6LS.

1.2      If you wish to contact us for any reason, you can contact us by e-mailing us at info@ror.org.uk

1.3      If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

2.1      Our Services consist of providing you with the means of uploading advertisements to our site for the sale of a horse or horses, and our display of that or those advertisements on our site.

3.1      Your use of our site is governed by our Terms of Use. Please take the time to read these, as they include important terms which apply to you.

3.2      You may only purchase Services from our site if you are at least 18 years old.

3.3      You may only use our site to advertise thoroughbred horses for sale which:

3.3.1   Have run on the flat, in national hunt races and in point-to-points; or

3.3.2   That have been in training, but have not actually raced.

3.4      You may not use our site to advertise horses for sale that are:

3.4.1   Thoroughbreds that have not been in training;

3.4.2   Any other breed of horse that is not a thoroughbred; or

3.4.3   Not covered by a BHA Non-Racing Agreement with Weatherbys which protects the horse from returning to the racecourse.

4.1      To be able to order Services from our site, you need to register for an account.

4.2      If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our registration or security procedures, you must treat such information as confidential. You must not disclose it to any third party.

4.3      We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or the Terms of Use.

4.4      If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@ror.org.uk.

5.1      Our service pages will guide you through the steps you need to take to place an order for Services with us. You will be able to write content for your advertisement(s) and upload pictures.

5.2      Our order process allows you to check and amend any errors before submitting your order for Services to us. Please take the time to read and check your order at each page of the order process.

5.3      Payment for the Services is in advance. However we will not charge your debit card or credit card until we have accepted your order in accordance with clause 5.6.

5.4      You can only pay for the Services using a debit card or credit card.

5.5      After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.6.

5.6      We will confirm our acceptance to you by sending you an e-mail that confirms that the advertisement will be uploaded (Upload Confirmation). We will send you the Upload Confirmation as soon as reasonably possible, however this does depend upon the availability of our resources. The Contract between us will only be formed when we send you the Upload Confirmation. When the advertisement goes live on our site, we will send a further email confirming that the advertisement has gone live.

5.7      If we are unable to provide you with the Services, for example because there are technical issues with our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.

6.1      These content standards apply to any and all material which you contribute to our site, whether by way of posting an advertisement, or contacting another party through our site, or otherwise (Contributions), and to any interactive services associated with it.

6.2      You must comply with the spirit and the letter of the following standards (Content Standards). The Content Standards apply to each part of any contribution as well as to its whole.

6.3      Contributions must:

6.3.1   Be accurate (where they state facts).

6.3.2   Be genuinely held (where they state opinions).

6.3.3   Comply with applicable law in the UK and in any country from which they are posted.

6.4      Contributions must not:

6.4.1   Contain any material which is defamatory of any person.

6.4.2   Contain any material which is obscene, offensive, hateful or inflammatory.

6.4.3   Promote sexually explicit material.

6.4.4   Promote violence.

6.4.5   Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

6.4.6   Infringe any copyright, database right or trade mark of any other person.

6.4.7   Be likely to deceive any person.

6.4.8   Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

6.4.9   Promote any illegal activity.

6.4.10   Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

6.4.11   Be likely to harass, upset, embarrass, alarm or annoy any other person.

6.4.12   Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

6.4.13   Give the impression that they emanate from us, if this is not the case.

6.4.14   Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

7.1      Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

7.2      We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

7.3      We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

7.4      The views expressed by other users on our site do not represent our views or values.

8.1      You may use our site only for lawful purposes.   You may not use our site:

8.1.1   In any way that breaches any applicable local, national or international law or regulation.

8.1.2   In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

8.1.3   For the purpose of harming or attempting to harm minors in any way.

8.1.4   To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (as noted above).

8.1.5   To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

8.1.6   To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

8.2      You also agree:

8.2.1   Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Use;

8.2.2   Not to access without authority, interfere with, damage or disrupt:

   (i) any part of our site;

   (ii) any equipment or network on which our site is stored;

   (iii) any software used in the provision of our site; or

   (iv) any equipment or network or software owned or used by any third party.

9.1      We will determine, in our discretion, whether there has been a breach of the Content Standards through your use of our site and/or whether you are using our site unlawfully. If this happens, we may take such action as we deem appropriate.

9.2      Failure to comply with the provisions set out in clauses 6 and 8 above constitutes a material breach of these Terms and the Terms of Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

9.2.1   Immediate, temporary or permanent withdrawal of your right to use our site.

9.2.2   Immediate, temporary or permanent removal of any posting, advertisement or material uploaded by you to our site.

9.2.3   Issue of a warning to you.

9.2.4   Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

9.2.5   Further legal action against you.

9.2.6   Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

9.3   We exclude liability for actions taken in response to your breach of clauses 6 and 8. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

10.1      As a consumer, you have a legal right to cancel a Contract during the period set out below in clause 10.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

10.2      Your legal right to cancel a Contract starts from the date of the Upload Confirmation (the date on which we e-mail you to confirm our acceptance of your order), and ends 14 days after the date of the Upload Confirmation.   However if we have already provided the Services before we receive your cancellation request and your advertisement has gone live, then you cannot cancel the Contract, even if the cancellation period is still running.

10.3      Within the order form you have an option to request prompt performance of the contract for the Services in which case we will send you the Upload Confirmation and enable your advertisement to go live as soon as we reasonably can.   In such circumstances you will lose your right to cancel the Contract once we have provided the Services.

10.4      To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form in Schedule 1. If you use this method we will e-mail you to confirm we have received your cancellation.

10.5      You can also e-mail us at info@ror.org.uk or by post to Retraining of Racehorses, c/o 75 High Holborn, London, WC1V 6LS. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

10.6      If you cancel your Contract we will:

10.6.1   refund you the price you paid for the Services. However, please note we are permitted by law to reduce your refund if we have already started work on the Services by the time you cancel;

10.6.2   make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel the Contract;

10.6.3   refund you on the credit card or debit card used by you to pay.

11.1      If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

11.2      We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3      We do not in any way exclude or limit our liability for:

11.3.1   death or personal injury caused by our negligence;

11.3.2   fraud or fraudulent misrepresentation;

11.3.3   any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

11.3.4   any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

11.3.5   defective products under the Consumer Protection Act 1987.

12.1      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.

12.2      An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

12.3      If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

12.3.1   we will contact you as soon as reasonably possible to notify you; and

12.3.2   our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

12.4      You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, your order for Services will be cancelled.   We will refund the price you have paid less any costs incurred by us in starting to fulfil the order.

13.1      We amend these Terms from time to time.

13.2      Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.

13.3      We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.

13.4      If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, we will remove your advertisement if it has already been uploaded and we will arrange a full refund of the price you have paid.

14.1      When we refer, in these Terms, to "in writing", this will include e-mail.   You may contact us using any of the methods described in clause 1.2.

15.1      We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.

15.2      We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

15.3      You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.4      This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.5      Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.6      If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.7      Please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.