Welcome to Equine Sales Limited! We provide a platform where we act as a broker to facilitate the sales and purchases of shares in racehorses between you (Buyers) and sellers of the Racehorse Shares (Syndicates).
In these terms and conditions (Terms), when we say you or your, we mean both you, a Buyer making a purchase of Racehorse Shares by engaging our services (Services) on our website (Site) and if applicable, any entity you are representing (such as your employer). When we say we, us or our, we mean Equine Sales Limited, a company registered in England and Wales with company number 15505294. These Terms are entered into between us and you, each a Party and together the Parties.
These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning throughout these Terms or at the end of these Terms.
For questions about these Terms, or to get in touch with us, contact us using the details below:
Our contact details: Equine Sales Limited a company registered in England and Wales. Our company registration number is 15505294. Address: 29 Cleveland, Tunbridge Wells, England, TN2 3NH Phone: 07378645072 Email: enquiries@equine-sales.com |
Disclaimer: By accepting this Agreement, you acknowledge and accept that racehorse ownership and participation in a shareholding arrangement with a Syndicate is a high-risk venture. There is no guarantee that a racehorse will achieve success in any races, qualify for prize money winnings, increase in value, or retain any value at the end of the Syndicate Period. There is also a risk that a racehorse will die or be injured such that it is no longer able to race, which may result in a partial or complete depletion in the value of the racehorse. Your participation is solely for the enjoyment of racehorse ownership and should not be considered an investment opportunity or a means to generate financial returns. The British Horseracing Authority (BHA) strongly recommends seeking independent advice before committing to any racehorse ownership or shareholding arrangement.
- These Terms
1.1 What these Terms Cover: These Terms contain the terms and conditions on which we supply the Services to you.
1.2 Please read these Terms carefully before you accept these Terms. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end these Terms, what to do if there is a problem with the Services and other important information. If you think that there is a mistake in these Terms or require any changes to these Terms, please contact us to discuss (using our contact details above).
1.3 How to tell us about problems: If you have any questions or complaints about the Services, please contact us to discuss (using our contact details above).
2. Acceptance and Term
2.1 You accept these Terms by clicking ‘I Accept’ when signing up for an Account in order to purchase a share in a racehorse (Racehorse Share). Individuals collectively own and/or lease Racehorse Shares in a racehorse through Syndicates that own, lease or have an interest in the racehorses listed on our Site.
2.2 These Terms apply from when you sign up for an Account, until the date on which your Account and these Terms are terminated in accordance with its Terms.
3. Use of the Site
3.1 You must not use the Site and/or make a purchase for Services through the Site unless you are at least 18 years old.
3.2 When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal data without an individual's consent) or any other legal rights;
b) using the Site to defame, harass, threaten, menace or offend any person;
c) using the Site for unlawful purposes;
d) interfering with any user of the Site;
e) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
f) using the Site to send unsolicited electronic messages;
g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
h) facilitating or assisting a third party to do any of the above acts.
3.3 All personal data that you give to us will be treated in accordance with our privacy policy. You can find our privacy policy at https://equine-sales.com/priva...
4. Accounts
4.1 You must create an account in order to purchase the Services from us (Account). You may only register for an Account using your email address and creating a username.
4.2 You must ensure that any personal data you give to us when creating an Account is accurate and up to date.
4.3 It is your responsibility to keep your Account details confidential. You are responsible for all activity on your Account, including purchases made using your Account details.
4.4 You must notify us immediately if you believe that your Account has been compromised or if you suspect any unauthorised use of your Account.
5. Our supply of the Services
5.1 In consideration of your payment of the Price, we will provide the Services in accordance with these Terms and all applicable Laws, whether ourselves or through our Personnel.
5.2 We warrant to you that the Services will be provided using reasonable care and skill.
6. Purchase of Racehorse Shares
6.1 At the point when you successfully purchase a Racehorse Share through our Services, you will become part of a Syndicate as a beneficial tenant in common that owns the racehorse alongside other co-owners (each an Owner). The number and Price of Racehorse Shares available to purchase through our Services are determined by the relevant Syndicate and will be set out on our Site. Your ownership is for a fixed period, as set out on the Site at the time of your purchase.
6.2 Following your purchase of a Racehorse Share, you will receive a receipt for your purchase of Racehorse Shares. You will then receive a confirmation email with the details of your purchase (Confirmation Email) from the Syndicate. In some cases, we may send you a welcome pack. The Confirmation Email typically takes up to 7 Business Days to be issued, but this is subject to change and dependent on the Syndicate’s turnaround times. The Syndicate will be responsible for issuing a share certificate to you, and your ownership of Racehorse Shares will be subject to the Syndicate’s terms and conditions. The Syndicate’s terms and conditions may be made available on our Site, or on your Confirmation Email.
6.3 You understand and agree that we only make available the Services, whereby we act as a broker, brokering the purchase of Racehorse Shares between you and a Syndicate. We are not party to any agreement entered into between you and a Syndicate and we have no liability for any Liability, and you waive and release us from any such Liability in relation to the acts or omissions of the Syndicate.
6.4 By purchasing Racehorse Shares, you acknowledge and accept that you will be subject to the BHA Rules of Racing, Chapters J and L, as stated in section 4.2 of the BHA Syndicate Code of Conduct (which may be subject to change from time to time on notice by the BHA). You must comply with the BHA Syndicate Code of Conduct at all times, as failure to comply with the BHA Syndicate Code of Conduct may result in a breach of the Rules of Racing, and disciplinary action by the BHA.
Ownership of Racehorse Shares
6.5 BHA may require your personal details as an Owner, in order to register the Syndicate and list all Owners for each racehorse. By accepting this Agreement, you authorise us to disclose such details where reasonably necessary to the Syndicate (and for the Syndicate to pass on these details to the BHA). For more information on how your information may be used, please refer to our privacy policy found here https://equine-sales.com/priva... and the Syndicates’ respective privacy policies which can be accessed through their website.
6.6 By purchasing a Racehorse Share, in our sole discretion and depending on the percentage of your shareholding, you may be entitled to various benefits that we may communicate to you from time to time.
6.7 Newsletters containing progress and updates of the Racehorse may be distributed by us through our Platform or email, or directly by the Syndicate to you. You acknowledge and accept that the content of the newsletters is provided solely by the relevant Syndicate and not by us. The newsletters will be provided to you solely for your informational purposes only. If you have any concerns about the information provided in the newsletter, you should directly contact the relevant Syndicate that authored and provided the newsletter content.
6.8 Owners may receive a pro-rata share of the net prize money (such share being less any race day expenses e.g. entry fees, trainer fees, jockey fees) won by the racehorse (Race Winnings) and net proceeds from the sale of the racehorse (Sale Proceeds). Race Winnings and Sale Proceeds are not guaranteed and are split according to your shareholding. The net Race Winnings will be allocated and transferred to your nominated bank details by the Syndicate, not us. All payments of net Race Winnings are subject to the terms and conditions you enter into with the Syndicate. We have no liability to you for any Liability, and you waive and release us from any such Liability, arising from or in connection with any Race Winnings or Sale Proceeds, including any acts or omissions by a Syndicate in respect of the payment of such Race Winnings or Sale Proceeds. For the avoidance of doubt, the Syndicate will solely be responsible for distributing any Race Winnings and Sale Proceeds to you.
Period of Racehorse Share ownership
6.9 Each Racehorse Share purchased through our Services is valid for a period of 1 calendar year from the date of purchase (Syndicate Period), unless this Agreement is terminated earlier in accordance with its Terms. You may renew ownership of the Racehorse Share for an additional calendar year. Renewals and all other matters in relation to your ownership at the end of the Syndicate Period are solely at the Syndicate’s discretion and subject to their terms and conditions or renewal policies that are in place at the time of renewal.
General
6.10 You will find information regarding the Price of each Racehorse Share, trainer(s) responsible for the racehorse(s), ownership arrangements, management costs and insurance arrangements relating to each racehorse listed on the Site.
6.11 All racehorses may be insured against various risks for such value determined by the Syndicate. Full details of the policy may be requested in writing from the Syndicate. For the avoidance of doubt, the beneficiary of the policy is the Syndicate and not you, as the Owner.
7. Exercising your right to change your mind (Consumer Contracts Regulations 2013).
7.1 You have 14 days after the day you purchase Racehorse Shares through our Services to change your mind. We agree not to commence the provision of the relevant Services during this cancellation period, unless you make an express request for us to do so. You acknowledge and agree that after you have accepted these Terms, if you instruct us to provide the relevant Services within this cancellation period, this will be taken to be an express request by you, and you will lose your right to cancel if the relevant Services are fully performed by us. If you exercise your right to cancel under this clause 7 you will be liable to pay to us an amount for the relevant Services supplied up to when you inform us that you intend to cancel, which will be proportionate to the full Price for the relevant Services for the Term. This clause 7.1 does not apply to off-premises contracts under which the payment to be made by the consumer is not more than £42.
7.2 When you don't have the right to change your mind: You do not have a right to change your mind in respect of Services, once these have been completed if you expressly requested us to provide them during the cooling off period, even if the cooling off period is still running.
7.3 Tell us you want to cancel these Terms: To exercise your right to cancel these Terms under this clause 7, please let us know by contacting us by email using the email address at the start of these Terms.
7.4 When your refund will be made: We will make any refunds due to you as soon as reasonably possible. If you are exercising your right to change your mind under clause 7 then your refund will be made within 14 days of your telling us you have changed your mind.
8. Payment
8.1 You must pay us the purchase price of each Racehorse Share you purchase as part of the Services, as set out on the Site (the Price) in accordance with this clause. All amounts are stated in pounds sterling, being the currency of the United Kingdom from time to time, and are inclusive of value added tax (or any equivalent tax in the UK), where applicable.
8.2 You will not be entitled to any part of the Services or Racehorse Shares until the Price has been paid in full.
8.3 You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
8.4 The payment methods we offer are set out on the Site. We may offer payment through a third-party provider, for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
8.5 We may, from time to time, issue promotional discount codes for certain Services on the Site. To claim the discount, you must enter the promotional discount code at the time of making a purchase through the Site.
9. Warranties and Representations
9.1 You represent, warrant and agree:
a) to comply with these Terms and all applicable Laws and rules and/or regulations of racing authorities, including the BHA;
b) that all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
c) to comply with our reasonable requests or requirements;
d) that you (and to the extent applicable, your Personnel) will provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services;
e) that you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for any particular purposes), unless expressly stipulated in these Terms and without limiting your consumer law rights;
f) that you will behave appropriately and treat all other Owners with respect at all times;
g) that you will not engage in any illegal, corrupt or unethical activities related to racehorse ownership; and
h) that any information, advice, material, work and services (including the Services) provided by us under these Terms does not constitute legal, financial, investment, merger, due diligence or risk management advice.
10. Refunds and Cancellation
10.1 Nothing in this clause 10.1 limits any right you have to change your mind under clause 7. If you want to cancel or terminate these Terms, you should use the Model Cancellation Form at Attachment 1.
10.2 The cancellation of the Services or Racehorse Shares or refund of any Racehorse Shares and/or Services purchased on the Site is strictly a matter between the relevant Buyer and the Syndicate acting as the seller. The terms and conditions agreed to between the Syndicate and the Buyer will be set out clearly in the listing for the racehorse on our Site. Should the Syndicate and Buyer agree to a refund of the Price for a Racehorse Share, you acknowledge and agree that the Price is only refundable in accordance with the Syndicate's terms and conditions and your rights under consumer laws.
10.3 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
a) the other Party (Defaulting Party) breaches a material provision of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
b) the Defaulting Party is unable to pay its debts as they fall due.
10.4 Upon expiry or termination of these Terms:
a) we will immediately cease providing the Services;
b) to the maximum extent permitted by law, you agree that any payments made by you to us are not refundable to you;
c) you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms; and
d) you agree to promptly return (where possible), or delete or destroy (where not possible to return), any information, documentation or material owned by us that is in your possession or control, subject to any rights you may have to any Intellectual Property in accordance with clause 11.
10.5 We will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on expiry or termination of these Terms.
10.6 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
10.7 This clause 10 will survive the termination or expiry of these Terms.
11. Intellectual Property
11.1 All intellectual property developed, adapted, modified, or created by or on behalf of us or our Personnel, whether before or after the date of acceptance of these Terms, will at all times vest, or remain vested, in us. As between the Parties, any intellectual property created in the provision of the Services will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such intellectual property rights in any new intellectual property and/or improvements to the new intellectual property or our intellectual property do not automatically vest in us, you agree to do all things necessary or desirable to assure our title to such rights.
11.2 Nothing in these Terms constitutes a transfer or assignment of any intellectual property rights.
11.3 This clause 11 will survive termination or expiry of these Terms.
12. Content You Upload
12.1 We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit, or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (Tag).
12.2 If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. You may request that any of your User Content is removed from the Site or social media by sending us an email to the address at the beginning of these Terms. We will endeavour to action any removal requests within a reasonable time.
12.3 You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:
a) you have all rights, licences, consents, and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe a third party’s rights (including intellectual property rights or rights or publicity or privacy) or breach any applicable law or regulation.
12.4 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time and in our sole discretion, remove any User Content.
13. Confidential Information
13.1 Subject to clause 13.2, each Receiving Party must (and must ensure that its Personnel do) keep confidential, and not use or permit any unauthorised use of, all Confidential Information.
13.2 The obligations in clause 13.1 do not apply to Confidential Information that:
a) is required to be disclosed in order for the Parties to comply with their obligations under these Terms;
b) is authorised to be disclosed by the Disclosing Party;
c) is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms; or
d) must be disclosed by Law or by a regulatory authority, including under subpoena, or by the rules of any listing authority or stock exchange on which the Receiving Party’s shares are listed or traded.
13.3 Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 13. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 13.
13.4 This clause 13 will survive the termination of these Terms.
14. Limitations on and exclusions to our liability
14.1 Neither Party may benefit from the limitations and exclusions set out in this clause 14 in respect of any liability arising from its deliberate default.
14.2 The restrictions on liability in this clause 14 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
14.3 Nothing in these Terms limits any Liability which cannot legally be limited, including liability for:
a) death or personal injury caused by negligence;
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
d) defective products under the Consumer Protection Act 1987.
14.4 To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any, Liability caused or contributed by, arising from, or in connection with:
a) your interactions with the Syndicate, including the Racehorse Shares being offered by the Syndicate, the description and transfer of the Racehorse Shares and any advice provided by the Syndicate;
b) any third parties involved in the Racehorse Share purchase process;
c) any act or omission by a Syndicate;
d) any investment, tax or financial planning decisions made by you in relation to your purchase of Racehorse Shares; and
e) any disputes, claims or proceedings between you and the Syndicate regarding the Racehorse Shares.
Death or Injury of Racehorse: You acknowledge and agree that racehorses are athletic animals engaged in a dangerous sport and are subject to risk of injury or death at any time. We will not be held responsible or liable for the death, injury, or any other loss or damage relating to the racehorse.
14.5 Subject to clauses 14.1 (no limitation in respect of deliberate default), and 14.2 (liability which cannot legally be limited), but despite anything else to the contrary, to the maximum extent permitted by law:
a) we only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;
b) a Party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
c) if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
14.6 We have given commitments as to the compliance of the Services with these Terms and applicable Laws in clause 5. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
14.7 This clause 14 will survive the termination or expiry of these Terms.
15. General
15.1 Amendment: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. Prior to making a purchase, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any purchase that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when made your purchase.
15.2 Assignment: Subject to clause 15.3, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
15.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
15.4 Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
15.5 Disputes: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
15.6 Entire agreement: Subject to your consumer law rights, these Terms contain the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersede and extinguish all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, whether written or oral, in respect of its subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
15.7 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:
a) as soon as reasonably practical, notifies the other Party in writing of the details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and
b) uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
15.8 Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
15.9 Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
15.10 Publicity: With your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.
15.11 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. If any provision or part-provision of these Terms is deemed deleted under this clause 15.3, the Parties will negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
15.12 Third party sites: The Site may contain links to website operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked on the Site, such third party provides the products to you, not us.
16. Definitions
Business Day means a day on which banks are open for general banking business in England and Wales, excluding Saturdays, Sundays and bank holidays.
Confidential Information includes information which:
- is disclosed to the Receiving Party in connection with these Terms at any time;
- is prepared or produced under or in connection with these Terms at any time;
- relates to the Disclosing Party’s business, assets or affairs; or
- relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,
whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.
Disclosing Party means the party disclosing Confidential Information to the Receiving Party.
Dispute has the meaning given in clause 15.5.
Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.
Receiving Party means the party receiving Confidential Information from the Disclosing Party.
17. Interpretation
In these Terms, unless the context otherwise requires:
a) a reference to these Terms or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;
b) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;
c) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;
d) no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
e) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;
f) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;
g) any obligation on a Party not to do something includes an obligation not to allow that thing to be done;
h) a reference to time is to local time in London; and
i) a reference to £ or pounds refers to the currency of the United Kingdom from time to time.
ATTACHMENT 1 – MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
© Crown copyright 2013.
