Terms Of Use

Welcome to Pedigree Sales Online (the “Website”), the premier website for Elite Livestock Auctions, owned and operated by Pedigree Enterprises Limited, a company registered in England with a registration number of 12614177 and address of 63-66 Hatton Garden, London, England, EC1N 8LE, hereafter referred to as “Pedigree Sales”
WHEREAS;

  1. Pedigree Sales has developed and maintains the infrastructure to conduct the auction and related services provided by Pedigree Sales through the Website www.pedigreesalesonline.co.uk (“Service” or “Services”) and the use of the Website and provision of the Services is governed by these Terms and Conditions (the “Terms and Conditions”) AND;
  2. The User (Buyer and or Seller as the case may be) by accessing or using the Services or the Website or by registering as either a buyer or seller (“Buyer”, “Seller” or “User”), agrees that;
    1. you have read the Terms and Conditions,
    2. you understand the Terms and Conditions,
    3.  you are bound by the Terms and Conditions in your use of the Services and the Website.
  3. If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website.
  4. Definitions
    1. “Buyer”: the User purchasing an asset.
    2. “The Company”: As identified above, namely Pedigree Enterprises Limited, a company registered in England with a registration number of 12614177 and address of 63-66 Hatton Garden, London, England, EC1N 8LE,
    3. “High-Value Dealer”:
    4. “Seller”: the User selling an asset
    5. “Service(s)”: The provision of web-based services to facilitate the buying, selling, and auctioning of assets and the promotion thereof.
    6. “User” refers to any website user regardless of their status of a buyer or seller.
  5. Interpretations
    1. To the extent that the context shall permit, any masculine pronoun used herein shall be construed to include also the similar feminine pronoun, any feminine pronoun used herein shall be construed to include also the similar masculine pronoun, any singular word so used shall be construed to include also the similar plural word and any plural word so used shall be construed to include also the similar singular word.
  6. Registration and Eligibility.
    1. The Services and the Website are only available to persons with the legal capacity to enter into this Agreement.
    2. Pedigree Sales may, at its sole discretion, refuse to accept a person’s (or entity’s) registration, and may, at any time after accepting registration, refuse to permit a person’s (or entity’s) continuing use of the Services and the Website for any reason.
  7. Changes to Services and Website and Terms and Conditions.
    1. User acknowledges and agrees that Pedigree Sales may change, modify, amend, suspend or discontinue any aspect of the Services or the Website, at any time, without notice and without liability to User or any third party.
    2. Pedigree Sales reserves the right to impose limits on certain features of the Services or the Website, at any time, without notice and without liability to User or any third party.
    3. Further, the User acknowledges and agrees that Pedigree Sale may amend any or all of the Terms and Conditions (including fees and transaction rules) at any time, at Pedigree Sales sole discretion, without notice.
    4. Any amendment of the Terms and Conditions will be reflected on the Website. The user is encouraged to periodically review the Terms and Conditions posted on the Website.
    5. Use of the Services and the Website constitutes acceptance of the Terms and Conditions, including any amendments.
  8. Rights and Responsibilities of Pedigree Sales.
    1. Pedigree Sales warrants that it will use reasonable care and skill in the performance of the Services
    2. Pedigree Sales provides the Services and the Website so that Sellers may offer livestock assets for sale and Buyers may place offers to purchase these livestock assets. As such, Pedigree Sales has neither a principal interested in the transactions.
    3. Pedigree Sales does not have the power to transfer title to any assets offered by Sellers.
    4. Pedigree Sales may undertake AML and KYC measures, the contents of which may be shared with HRMC(UK) or Irish Revenue Authorities without further reference to the Buyer or Seller. However as Pedigree Sales is not a party to any transaction, Pedigree Sales does not make, and should not be construed as having made, any representation or warranty of any kind concerning any of the offered assets, including without limitation any representation or warranty regarding the quality, safety or legality of the offered assets, or the truth or accuracy of any offerings as to the identity of the Buyer or Seller.
      .
    5. Pedigree Sales will not check the veracity of information or materials provided by the seller for inclusion in any works.
    6. Pedigree Sales makes no representation or warranty of any kind as to the willingness or ability of either Buyer or Seller to complete a sale in accordance with the Agreement.
    7. Buyers and Sellers are solely responsible for independently verifying the background, character, and credit-worthiness of those Users with whom they enter into, or with whom they prospectively will enter into, a transaction, as well as the condition or any description of an asset involved in a prospective transaction.
    8. Pedigree Sales can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and the Company will notify the users if this is necessary.
    9. Pedigree Sales may reference this business relationship in its marketing materials and may use each project as a case study and blog topic and as part of its social media campaign, subject to the non-disclosure of sensitive materials or financial materials which the Client may at its sole discretion redact.
    10. Pedigree Sales has the right, at its absolute discretion, to cancel, suspend or withdraw an auction or a specific asset within an auction at any time if it has reason to believe that further due diligence or enquiries into bidding activity need to be conducted to protect the interest of the Company or one or all of the Users as the case may be. Pedigree Sales shall bear no cost for loss or damages for any such cancellation, suspension, or withdrawal.
  9. Indemnity to the Company
    1. In the event of any controversy or dispute regarding any transaction conducted through the use of the Services or the Website (a “Dispute”), User hereby releases Pedigree Sales, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the “Released Parties”), and each of the foregoing, from any manner of action, claim or cause of action or suit, at law or in equity, and from any losses, damages, costs or expenses, however so caused or arising, including without limitation court costs and legal fees, which User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.
    2. For the avoidance of absolute doubt, the above Indemnity further extends to any damages caused by any information or materials that User uploads, posts, transmits, publishes, or distributes on the Website or Platform which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
  10. General User Obligations and Conduct
    1. The User should familiarise themselves with the Terms and Conditions contained herein and ensure continued and regular monitoring of terms that are accepted by each time the User uses the Services or Website.
    2. All Users have to undergo Know Your Customer and Anti-Money Laundering due diligence procedures in order to transact on the website. For the avoidance of doubt, full user access to the site will be restricted until these provisions have been fulfilled. These provisions will include:
      1. Identity verification
      2. Address verification
      3. Age verification
      4. PPS/National Insurance Number verification
      5. Source of Funds verification
    3. The user is solely responsible for all conduct and transmissions that take place under its Username and password. Without limiting the foregoing, User represents, warrants and covenants that its use of the Services and the Website shall not:
      1. violate any applicable law, statute, ordinance, rule, or regulation.
      2. Without limiting the foregoing, User represents, warrants and covenants that it will not sell or buy any assets that may not be lawfully offered for sale or purchase in the United Kingdom or Republic Of Ireland and that User will not export from the territory any asset in violation of UK or Irish law.
      3.  interfere with or disrupt computer networks connected to the Service or the Website;
      4. impersonate any other person or entity, or make any misrepresentation as to User’s employment by or affiliation with any other person or entity;
      5. forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;
      6.  interfere with or disrupt the use of the Services or the Website by any other User, nor “stalk”, threaten, or in any manner harass another User;
      7. upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems;
      8. use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;
      9.  upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;
      10. upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
      11. reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Services or the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).
    4. All information produced remains the material and intellectual property of the User as such the User must obtain any permissions, consents, licenses or otherwise that are needed concerning confidential or Intellectually protected text, images, graphics or materials referenced in any materials displayed on Pedigree Sales website or platforms, including social media platforms.
    5. The User fully declares that all Assets listed on the website for sale are represented by a realistic reserve value and that Pedigree Sales at its absolute discretion may provide information to and cooperate with the relevant tax authorities, without further reference to the User, to ensure its rights to operate at its chosen level of due diligence and its need to provide a fully transparent process is in place for all Users is maintained.
  11. Fees
    1. A non-refundable registration fee of £0.00 shall apply to all users of the site
    2. VAT is chargeable on all Pedigree Sales services
  12. Excluded Items.
    1. Pedigree Sales only permits the sale of livestock
    2. Pedigree Sales may, in its sole discretion, remove from the Website assets that, in Pedigree Sales judgment, do not constitute livestock
    3. The sale of illegal or inappropriate items is strictly prohibited.
  13. Password and Security.
    1. While a user registers to use the Service or the Website, you will be prompted to select a Username and a User password. The user is solely responsible for maintaining the confidentiality of its Username and User password.
    2. User is obligated to complete those transactions that occur using its Username and User password, whether such transactions are authorised or unauthorised.
    3. User agrees that it shall immediately notify Pedigree Sales in writing or by electronic mail of any unauthorized use of its Username or User password.
  14. User Information.
    1. The user will provide information to Pedigree Sales during the registration process and to Pedigree Sales and other Users during the use of the Services and the Website (the “User Information”). User represents and warrants:
      1. that all User Information is accurate and complete at the time of registration;
      2. that User information will be continuously updated such that the User Information shall always be current, accurate, and complete.
    2. Subject to the terms of the Pedigree Sales Privacy Policy, User grants to Pedigree Sales a non-exclusive, worldwide, perpetual, royalty-free and irrevocable license to use the User Information, including any associated copyrights, trademarks, or other intellectual property or proprietary rights User may have in the User information, for any purposes in connection with the Services or the Website.
    3. The User hereby understands Pedigree Sales obligations under Anti-Money Laundering Compliance may require that User information and sales history may be requested by and provided to HMRC (UK) or Irish Revenue Authorities without further reference to the User and that any such data transfer is hereby expressly agreed to.
  15. Status of the transactions and Tax Liabilities.
    1. For the avoidance of doubt the following provisions apply to all  transactions facilitated by the Company;
      1. Pedigree Sales act as agent for the Seller
      2. Pedigree Sales will hold funds from the purchaser in a fiduciary capacity with a duty to protect the money
      3. Pedigree Sales are only liable to the Seller  for the sale price, once paid to the Pedigree Sales account
      4. The price received by the Seller will be net of any commission and other costs due under the terms of business and in particular concerning the Fees provision contained herein.
      5. Pedigree Sales will maintain a segregated client money account called “Auction Sales Account”
      6. Payment by the Buyer must be by electronic funds transfer only form a recognised bank
      7. Payment from “Auction Sales Account” to the Seller will only be made by an authorised director or the CFO of Pedigree Sales
      8. Pedigree Sales is not a High-Value Dealer as we do not receive or facilitate cash payments.
  16. Privacy Policy.
    1. The terms of the Pedigree Sales Privacy Policy are incorporated by reference into these Terms and Conditions. User is encouraged to periodically review the Pedigree Sales Privacy Policy
  17. Governing Law, Jurisdiction and Arbitration
    1. The validity construction and performance of this Agreement shall be governed by laws of England and shall be subject to the exclusive jurisdiction of the English courts in respect of any dispute, claim or proceedings arising in connection therewith.
    2. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, or the legal relationships established by this Agreement, shall be referred to and finally resolved by arbitration.
  18. Entire Agreement
    1. This Agreement sets out the entire Agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings, or arrangements relating to the subject matter of this Agreement.
  19. Waiver
    1. No failure or delay on the part of either party hereto to exercise any right or remedy under this Agreement shall be construed or operated as a waiver thereof nor shall any single or partial exercise of any right or remedy as the case may be.
    2. The rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies provided by law.
  20. Variation
    1. This Agreement shall not be amended, modified, varied, or supplemented unless made in writing and signed by or on behalf of both parties.
  21. Third-Party Rights
    1. A person who is not a party to this Agreement has no right to enforce any terms of this Agreement.

General terms os use

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.pedigreesalesonline.co.uk website (the “Service or Website”) operated by Pedigree Enterprises Limited. (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using the Service or Website.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service or Website.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service or Website.

Content:

General Terms of Use

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third-party tools for the extraction or reproduction of any data or content from our website without our prior written consent.

Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.

You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms of Use.

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Purchases

If you wish to purchase a service which we may make available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

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Availability, Errors, and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

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Our Service may contain links to third-party web sites or services that are not owned or controlled by Pedigree Enterprises Limited.

Pedigree Enterprises Limited. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Pedigree Enterprises Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

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Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

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Limitation Of Liability

In no event shall – Pedigree Enterprises Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

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Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Pedigree Enterprises Limited, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

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Governing Law

These Terms shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

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Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days’ notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

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Contact Us

If you have any questions about these Terms, please contact us.

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