Terms and Conditions

Greyhound-Data Auctions – www.greyhound-data-auction.com

Introduction
These terms and conditions apply to the services provided by Greyhound-Data Limited (Company Number 486100) trading as and referred to herein as “Greyhound-Data” available via the domain www.greyhound-data.com and www.greyhound-data-auction.com and any sub-domain, collectively referred to herein as [“the Site”]. By using any services provided by the Site (or related web services) you [“the User”] agree to the following terms, including all those available by hyperlink from the Site, and the general principles contained in any subsidiary website. These terms constitute a legally binding agreement between the User and Greyhound-Data Ltd., and shall herein be collectively known as [“the User Agreement”]. We strongly recommend that you read the User Agreement before using the services provided by Greyhound-Data and its associated websites via the Site.

About the Site
Greyhound-Data-Auction is an online auction website enabling its Users to both bid for another users Greyhound, Product or Service listed on the Site and / or list a Greyhound, Product or Service for auction on the Site, thus allowing other User’s the opportunity to bid on same.

Buyers and Sellers register their details with the Site and create an account [“User Account”] for the purposes of listing Greyhounds or Greyhound related Products or Services for auction, or alternatively bidding on any Greyhound or Greyhound related Product or Service listed. Sellers have the ability to list Greyhounds or Greyhound related Products or Services, for sale in a live-auction [“Auction”] aiming to achieve the highest price possible over a specified period of time. Greyhound-Data controls all Auctions and all other means of buying and selling greyhounds or greyhound related Products or Services on the Site in order to assist the successful matching of both Buyers and Sellers on completion of the Auction.

Terms of Use
The Site and services are strictly for the use of persons over the age of 18 years old. If a User is found to be under the required age limit and has provided a false declaration of their age, then that User’s Account will be deemed void and will be suspended and/or terminated immediately.
The User must have a capacity to form legally binding contracts.
Use of the Site must be for lawful purposes only. As well as complying with the terms set out in this Agreement, the User must abide by any local, national and international law or regulation, and the User must not use the Site for any fraudulent, illegal, or otherwise restricted use, or any use which causes any fraudulent or illegal outcome or purpose.
Whilst using the Site, the User must not:

Breach any policies set out by Greyhound-Data in this User agreement;
Breach any laws, intellectual property rights (copyright, trademarks etc.) or other rights of any third parties;
List or post any information of a fictitious or defamatory nature, or which may be construed as false, harmful, misleading, inaccurate or deceptive. This includes confidential information or information of a personal nature;
List or post content which is offensive to any other User, or which is of obscene, hateful or inflammatory content;
List any Greyhounds for sale, or upload any content or property, which is inappropriate to the Site or for which they have not been given permission by the rightful owner to do so;
Amend or alter any Greyhound, or the price thereof, of another user’s listings;
Fail to deliver payment for any purchase unless the Seller has created material changes to the listing after the event; there are any errors within the listing; the Buyer cannot authenticate the identity of the Seller or the Seller has failed to provide all specific documentation as referred to in the Sellers Duties section of this User agreement;
Fail to deliver Greyhounds purchased from them, unless the Buyer has not delivered the requisite payment; or has breached any terms specified by you for the purchase; or you cannot authenticate the identity of the Buyer. All Sellers should, and are advised to obtain and retain proof of delivery;
Interfere with, make false declaration for the purposes of or take any action which manipulates the integrity of Site’s Feedback system;
Transfer User Account’s (including registered user ID and previous feedback) to another user/third party without the consent of Greyhound-Data;
Circulate on the Site any Spam, bulk messages, pyramid schemes, chain letters, or any other unsolicited material;
Circulate on the Site any viruses, software, technology or other material which may cause harm to any other users or third parties;
Collect personal information of any other Users for the purposes of redistribution, or otherwise, without their consent;
Distribute or copy any rights, content, services, tools, or intellectual property from the Site without the Consent of Greyhound-Data.

The list above is not conclusive and Greyhound-Data reserves the right to suspend or terminate any User Accounts for:-

Any misuse of the Site;
Any unconfirmed User Accounts;
Any User Accounts that have been in a state of inactivity for longer than 6 months;

Or, in order to modify or discontinue the Site for purposes reserved by Greyhound-Data.
In circumstances where a User Account is created in the name of a business, it will be an implied term that the creator of the User Account has the authority to legally bind that business. All Users trading as a business on the Site must comply with all laws and regulations in effect for businesses trading online within that specific User’s appropriate jurisdiction.
This User Agreement must be read and accepted by all Users before Greyhound-Data commences in providing its Services. Unless agreed otherwise, this User Agreement cannot be cancelled under the Consumer Contracts (Information, Cancellation and Additional Charged) Regulations (2013), or equivalent legislation within the User’s jurisdiction once Greyhound-Data have commenced in providing its Services to that specific User.

Buyer’s Terms
Buyers are advised to carry out their own investigation into all Greyhounds, Products or Services before purchasing any of same that are listed on the Site, from a Seller. All investigations should be arranged directly with the Seller, subject to their consent. This is to include the investigation of, but not be limited to, the following:-

Name
Breeding
Age
Sex
Colour
Breeder
Weight
Official Form Lines
Full Medical History
Description of Products or Services and any implied use/benefit of same

The information above must be produced by the Seller as per the Sellers Terms of this User Agreement, but in the event that any listing information is not provided by the Seller or there is a misrepresentation or false declaration or inaccuracy of any specified information, then it will not be deemed in any circumstance as a representation, undertaking or warranty of Greyhound-Data.
There is no implied Term in any sale that Greyhound-Data ensure that a Greyhound or Property or Service, offered for sale on the Site, is of satisfactory quality or fit for the purpose of Greyhound racing or any other purpose (whether or not such purpose is made known). It is for the Seller to ensure that any Greyhound or Property or Service, listed for sale is of satisfactory quality and fit for the purpose of Greyhound racing or any other purpose as reasonably expected by the buyer (whether or not such purpose is made known), please see Sellers Terms.
Upon creating a User Account and using the Site, Buyers must not engage the Seller of a Greyhound for the purposes of attempting or arranging any negotiation or sale outside of the Site. As soon as a Greyhound is listed for auction on the Site, the Seller enters into a contractual agreement that under no circumstances shall the Greyhound be sold outside of the Site, unless specifically agreed in writing between the Seller and Greyhound-Data.
In accordance with this User Agreement, when using the Site, Buyers will not:-

Bid on a Greyhound without the intention of paying for the Greyhound in the event that their bid or purchase is successful; each bid in an Auction constitutes a binding contract;
Fail to pay for a Greyhound once it has been successfully won following the end of an Auction and the transaction has been completed by the Seller; meaning that all requisite documentation has been provided to, and the Greyhound, Product or Service delivered, to the Buyer. Once the Seller has completed the transaction, the successful bid constitutes a binding contract;
Bid for a Greyhound, Product or Service under stipulated Sellers terms which the Buyer knows it will not be able to adhere to in the event of a successful bid;
Bid on a Greyhound, Product or Service to cause disruption to an Auction;
Bid on a Greyhound, Product or Service in order to increase the value of that Greyhound in situations where the buyer is in some way attached to the Seller, so as to artificially increase the price. The Buyer must be wholly independent from the Seller.

A breach of the above may result in the following:-

Cancellation of any listing;
Suspension of User Account(s);
Termination of User Account(s);
Limit on use of User Account(s), or any privileges extended to the User under the User Account;
Forfeiture of any listing Fees

In circumstances where the Buyer successfully bids and wins an Auction, they are required to pay the full price of their successful bid for the Greyhound, Product or Service to seller as per mutually agreed terms, which Greyhound-Data will not be part of or held accountable for.
Greyhound-Data is not responsible for any type of loss or damage suffered by the Buyer, directly or indirectly, in the event that a Seller fails to complete a transaction of the sale of a Greyhound, Product or Service.

Seller’s Terms
The Seller must be an active verified member of Greyhound-Data.
The Seller is responsible for listing for the purposes of selling a Greyhound, Product or Service the following information:-

Name – the official and registered name of the greyhound;
Breeding – the pedigree and exact whelping date of the greyhound;
Age – the age of the greyhound in Months ;
Sex – the sex of the greyhound. Where applicable, the last known season date must be provided;
Colour – the colour of the greyhound, including any markings, as is disclosed in the relevant Greyhound Stud Book;
Description of Products or Services and any implied use/benefit of same

It is the responsibility of the Seller to maintain and provide the accuracy of all information concerning the description of the Greyhound, Product or Service being listed for sale. In the event, that any listing information is not provided by the Seller or there is a misrepresentation or false declaration of the accuracy of any specified information, then it will not be deemed in any circumstance as a representation, undertaking or warranty of Greyhound-Data.
There is no implied Term in any sale that Greyhound-Data ensures that any Greyhound, Product or Service is of satisfactory quality or fit for any particular purpose or any other purpose as reasonably expected by the buyer (whether or not such purpose is made known).
The Seller is to ensure that every greyhound provided for auction is of good health and that the Seller has proper legal entitlement and/or authority to sell it and / or any other Product or Service. Upon request, the Seller must provide an official veterinary certificate proving the good health of the greyhound to the buyer or the site. Failure to comply with this provision will deem the Seller liable for any loss incurred as a result of any misrepresentation or failure to properly disclose and provide an official veterinary certificate to the Buyer, and Greyhound-Data.
Upon the sale of a Greyhound, it is the Seller’s responsibility to provide to the buyer with documentation confirming the following:-

Name – the official and registered name of the greyhound;
Breeding – the pedigree and exact whelping date of the greyhound;
Age – the age of the greyhound in Months ;
Sex – the sex of the greyhound. Where applicable, the last known season date must be provided;
Colour – the colour of the greyhound, including any markings, as is disclosed in the relevant Greyhound Stud Book;

All information supplied must be according to the Stud Book of the country the greyhound is registered.
In the event that the Seller fails to complete the transaction, there will be no obligation upon the Buyer to commit to delivering payment to the seller.
Greyhound-Data is not responsible for any type of loss or damage suffered by the Seller, directly or indirectly, in the event that a Buyer fails to complete a transaction of the sale of a Greyhound.
Upon creating a User Account using the Site, Sellers must not engage the Buyer of a Greyhound for the purposes of attempting or arranging any negotiation or sale outside of the Site. As soon as a Greyhound is listed for auction on the Site, the Seller enters into a contractual agreement that under no circumstances shall the Greyhound be sold outside of the Site, unless specifically agreed in writing between the Seller and Greyhound-Data.
The contract for sale is directly between the parties involved in the transaction, namely the Buyer and the Seller.

Disputes
Greyhound-Data will not be responsible or get involved in any disputes. In any such instance Greyhound-Data will not be held responsible for either party (the Buyer or the Seller) sustaining any loss and will not be held responsible for ensuring that any such loss is rectified.

Listing
In accordance with the Sellers terms, once a User lists a Greyhound for sale on the Site they have agreed to enter into a legally binding contract for the sale of that Greyhound, Product or Service in accordance with this User Agreement.
The User agrees:-

To accept responsibility for the content of their listing and the accuracy of information provided by them, in accordance with this User Agreement;
That their listings may be removed from the Site, or suspended, following any breach of the Terms of Use, or Abuse of any policy as set out within this User Agreement;
That their listings may be edited at the discretion of Greyhound-Data following any breach of the Terms of Use, or Abuse of any policy as set out within this User Agreement;
That their listing may not be immediately searchable on the Site; and that Greyhound-Data has no control over where listings appear when other Users make a key word or category search on the Site.

Greyhound-Data allows its Users to list items for sale on the Site in the following ways:-

Auction – For the purpose of these terms, an Auction is an online live-auction in which a greyhound, Product or Service is listed with a nominated starting price, with the auction lasting for a specified length of time. This allows Users to bid on the price of the greyhound, Product or Service throughout the length of the Auction, with the highest bid at the end of the Auction constituting the winning Bid.

Greyhound-Data accept no responsibility for any loss incurred as a result of any of the above, or of a removal, or suspension, of any listing in circumstances where this User Agreement has been breached by the User.
Greyhound-Data accept no responsibility for any loss incurred as a result of the Site malfunctioning due to and not limited to, Technical or Human error.

Fees
Registering a User Account, listing Greyhounds, Products or Services for sale and making bids on the Site is free for all Users. Greyhound-Data reserves the right to change its Fees, but in order to do so, Greyhound-Data must provide all Users with written notice 14 days before the changes are implemented. Notice may be provided electronically using the Messaging function provided by the Site, or using the e-mail address provided when creating a User Account. Users may cancel their User Account free of charge within this 14 day notice period.

Content
When providing Greyhound-Data with any content, Users grant a non-exclusive, worldwide, ongoing, irrevocable, free, sub-licensable (multiple tiered) right to use the content and provide authorisation for Greyhound-Data to exercise any and all copyright, trademark, publicity, database and any other intellectual property rights in the content, or any other rights, known now or in the future. All moral rights are waived by the User to the fullest extent under law over the content and there is a promise not to assert or enforce any rights upon Greyhound-Data (or any affiliated persons or sub-licensees). You agree not to remove any copyright, trademark, publicity, database or any other intellectual property rights in respect of the content.

Liability
Greyhound-Data will not be held responsible for any loss incurred as a result of suspending, terminating or cancelling any User Accounts, as a direct result of that User breaching any policies of misuse listed in this User Agreement. Greyhound-Data will not be held responsible for the actions, or omissions, of other User’s use of the Site, which may cause any loss or damage. You accept that Greyhound-Data is not a traditional auctioneer, but hosts an online live-auction Site allowing anyone to register for the purpose of buying and/or selling Greyhounds, Products or Services at any time, subject to the conditions and timings of any live-auction provided on the Site.
Greyhound-Data does not check, review or filter its listings and does not check or warrant any Greyhound, Product or Service sold or listed through the Site. It has no control over the content, quality, legality, accuracy or safety of any Greyhounds, Products or Services which are listed, and/or sold using the Site, or any other content posted on the Site. The User must verify the accuracy of all listings and accepts liability for any loss or damage caused by any false declarations or misrepresentations of any inaccurate or untrue listing. All Users accept responsibility that any listing on the site complies with all applicable laws, and takes sole responsibility over the legality of their actions and listings on the Site.
No assumption will be made by any User or third party that any listing, sale, purchase, or other action relating to any Greyhound, Product or Service is valid and legal by being listed and represented on the Site.
Greyhound-Data (including any and all subsidiaries, affiliates, directors, shareholders, agents, employees and officers) will not be liable to any User in contract, tort, or otherwise for any losses incurred by any business entities, to include losses such as loss of revenue, profit, data, business, opportunity, goodwill, reputation or interruption to business dealings; or, for any losses which are not reasonably foreseeable arising directly or indirectly out of any Users use or inability of use of the Site or the services provided by Greyhound-Data.
Greyhound-Data will not be liable for any loss or damage suffered by any User due to any: act of nature; power failure; Trade or Labour strike or dispute; act, failure or omission of any government or authority; obstruction or failure of telecommunication issues; or any other delay or failure caused by a third party. In any such event, Greyhound-Data reserves the right to cancel or suspend all services without incurring any liability. Greyhound-Data are not liable for the failure of any equipment or software, administered in any location, or whether under their direct control or not, that may prevent the sale or purchase of any Greyhound on the Site. Greyhound-Data does not extend any warranties (whether express or implied) for the maintenance or reliability of its services.
Greyhound-Data does not limit or exclude its liability for fraudulent misrepresentation, death or personal injury resulting from its negligence, or the negligence of any of its agents or employees; or for any other liability that cannot be limited or excluded by law.

Legal Disputes
By reading and accepting this User Agreement, all Users agree that any claim or dispute against Greyhound-Data by a User arising under use of the Site shall governed by the laws of Scotland, and will exclusively be heard within the jurisdiction of the British Courts.
Attempts should be made to resolve any dispute without the need for litigation, and will, where possible consider any attempt for alternative dispute resolution or settlement before proceedings must be commenced.

Indemnity
If a User is in dispute with another User, or multiple Users, then you indemnify Greyhound-Data (including any and all subsidiaries, affiliates directors, shareholders, agents, employees and officers) from all claims or demands of any nature.

Third Party Rights
Any persons/businesses who are not a party to this User Agreement have no right under the Contracts (Rights of Third Parties) Act 1999 (as amended) to enforce any term thereof. Note that this does not affect any other right or remedy a third party is entitled to which is specified in this User Agreement or which exists otherwise or which is available apart from the Act.

Compensation
All Users accept that they will be responsible to provide Greyhound-Data (including any and all subsidiaries, affiliates directors, shareholders, agents, employees and officers) with full compensation for any damages or costs, including reasonable legal fees, which are incurred as a result of any breach of this User Agreement, use of the Site or breach of any laws or rights of a third party.

Privacy
By accepting this User Agreement you confirm that you have read and understood the Site’s Privacy policy.

General Terms
If any term or provision of this User Agreement is deemed to be invalid, void or unenforceable then the specific term or provision shall be removed from the User Agreement, but shall not affect the enforceability or validity of the remaining terms or provisions.
Greyhound-Data may assign its rights and obligations under the User Agreement without obtaining express consent beforehand from any User of the Site, as long as the assignment of the User Agreement is on the same terms, or terms and no less favourable to any User.
Greyhound-Data may make any amendments to the User Agreement as it feels necessary. To do so, it must provide notice via the email address provided by Users when creating their User Account. Alternatively, it can post any amendments on the Site, in clear view for all Users. All amendments will come into effect 14 days after the notice has been served, unless otherwise stated. The amendments will be deemed as accepted by the Users following continued use of the Site after they have come into effect.
The User Agreement may not be otherwise amended unless the amendments are agreed in writing by Greyhound-Data and the User.
The User Agreement, the Privacy policy and all other policies implemented by Greyhound-Data that are posted on the Site constitute the entire agreement between Users and Greyhound-Data. This supersedes all prior agreements of the parties.
No agency, partnership, joint venture, employer or franchise relationship will be created, or is intended to be created, by this User Agreement.
The headings of this User Agreement are for reference purposes only, and the terms are not mutually exclusive as to those covered by the headings. We do not guarantee that we will act on all breaches of this User Agreement. Failure to act on any breach does not waive our right to act on any future, subsequent or similar breaches of a User or third party.
Under no circumstances may the following sections of this User Agreement be disregarded following termination of this Agreement: Fees, Content, Liability, Compensation, Legal Disputes and the release contained in General Terms.