1. Welcome to the website of Tattersalls Limited (“the Website”). The following are the terms and conditions (“Online Terms”) under which you may view/browse and use the Website. Please read them carefully. If you continue to view/browse and use the Website you are agreeing to comply with and be bound by the Online Terms which, together with our privacy policy, govern Tattersalls Limited’s relationship with you in relation to the Website.
2. Tattersalls Limited (“Tattersalls”) is the owner of the Website whose registered office is at Terrace House, Newmarket, Suffolk CB8 9BT. The terms “you” refers to the user or viewer/browser of the Website.
3. Tattersalls reserves the right to change its Online Terms at any time. Amendments will take effect when posted on the Website and you should therefore visit the Website from time to time to read the Online Terms. The Online Terms current as at the start of a particular transaction will apply until that transaction is completed.
4. Online bidding facilities may be provided by Tattersalls and, where provided, their use shall be subject both to the Online Terms and to Tattersalls Conditions of Sale applicable to that Sale. When seeking to use the online bidding facilities you are required to register with Tattersalls by completing a registration form and submitting it to us. Only adults (i.e. those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to use the online bidding facility. If you do not qualify, do not use the online bidding facility. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract. On occasions certain individuals and entities will be refused access to the online bidding facilities provided by Tattersalls. Such refusal shall be within Tattersalls’ sole discretion.
5.1 You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to use any information you provide to us, for example, during the registration, listing or bidding process.
5.2 Such information shall be legal, decent, honest and truthful, shall not infringe any third party's rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide as prompted by any registration form that you may fill out on the Website shall be accurate, current and complete and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any such information which Tattersalls has grounds to suspect is untrue, inaccurate, not current or incomplete, Tattersalls has the right to suspend or terminate your account and refuse any and all current or future use of the Website including its online bidding facility.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any password and/or account designation which may be given to or selected by you for use on the Website. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security. You are solely responsible for all activities that occur under your password and/or account designation. Tattersalls cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Tattersalls does not warrant that the Website and its online bidding facilities will operate error free, continuously or without interruptions or that the Website or its server are free of computer viruses.
Tattersalls takes privacy issues seriously. Our current privacy policy posted on the Website covers our use of any information you provide. In using the Website you acknowledge and agree to be bound by the terms of our privacy policy.
Tattersalls has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our online bidding facility if you:
9.1 act inconsistently and in breach of these Online Terms;
9.2 at any time violate or attempt to violate any rights of any other user of our online bidding facility; or
9.3 are engaged in any fraudulent activity.
10.1 Your acceptance of these Online Terms acts as a general release of Tattersalls and any of its subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Website and/or our online bidding facility.
10.2 In addition, Tattersalls makes no representations or warranties about the accuracy, completeness or suitability of the information and related graphics published on the Website for any particular purpose. From time to time the Website may contain technical inaccuracies or typographical errors. All liability of Tattersalls howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
10.3 Notwithstanding the foregoing, nothing in these Online Terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit Tattersalls’ liability to you for any death or personal injury resulting from our negligence.
The Website contains material which is owned by or licensed to Tattersalls. This material includes but is not limited to the design, layout, look, appearance and graphics and is protected by copyright, trade mark and other laws. Tattersalls authorises you to view and download a single copy of the material solely for your personal, non-commercial use. Unauthorised use of the material may violate copyright, trade mark and other laws.
From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Tattersalls endorses the website(s) and Tattersalls has no responsibility for the content of the linked website(s). You may not create a link to the Website from any other website or document without the prior written consent of Tattersalls.
The Online Terms and your use of the Website (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
Tattersalls will not be in breach of this agreement or otherwise liable for any delay in performance if and to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these Online Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Online Terms will not be affected.