Welcome to sellmylivestock.co.uk which is a trading style of Hectare Agritech Limited, a company registered in England and Wales under company number 08285271 and with our registered office at Unit 3, Grove Road, Portsmouth, Hampshire, PO6 1LX.
About the Services (“Services”)
sellmylivestock.co.uk (“SML”) is a website that allows its registered account holders (“Registered Users”) to (as sellers) list Livestock (as defined below) for sale and (as buyers) to make offers on and purchase any of the Livestock that is listed.
Our Services comprise of the provision of this listing service and offer to purchase facility for Registered Users through the relevant section of our website (the “SML Portal”). The listing service is currently provided on a fee free basis. We do not have possession of anything listed or sold through our website and are not involved in the actual transaction between sellers and buyers. The contract for the sale is directly between the seller and buyer. We are not an agent.
About these terms and conditions (“Terms”)
These Terms govern your use of the SML website and SML Portal (the “SML Site” or “Site”) and your relationship with Hectare Agritech Limited (“SML”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. In using the SML Site and registering to become a Registered User of the SML Portal you are entering into a legally binding contract subject to these Terms between you and Hectare Agritech Limited (trading as sellmylivestock.co.uk). If you do not agree to these Terms, please do not register for or use the SML Site. If you have any questions on the Terms, please contact firstname.lastname@example.org
“Agreement” means these Terms.
“Buyer” means any individual or business entity who is a Registered User who is buying Livestock through the SML Portal.
“Fee” means a commission payment made by Registered Users in respect of a sales transaction.
“Listing” means the listing and information provided by Sellers in respect of the Livestock they are offering for sale through the SML Portal.
“Livestock” means cattle, sheep and/or pigs only.
“Seller” means any individual or business entity who is a Registered User who is selling Livestock through the SML Portal.
“Subject to Contract” means subject to the conclusion or perfection of a legally binding contract which, for the avoidance of doubt and for the purposes of these Terms, means the Seller’s acceptance of the Buyer’s offer and any terms and conditions agreed between Seller and Buyer.
“SML Customer(s)” means individually or collectively, the Registered Users.
“Trading Information” means such information as may be provided by either Seller or Buyer in relation to their status, capacity to trade, Livestock being sold and bought and any other information exchanged between Seller and Buyer, whether such information is displayed in their listing on the Site or otherwise passed between Seller and Buyer.
“User Account” means the account signed up for and created by Registered Users.
“User” means any person visiting or making use of the SML Site, whether or not that person is also a Registered User.
These Terms are formed of three parts each of which relate to and govern your use of the site as well as any trading activity you engage in through the site and together form the contract between you and us:
Part B: Terms of Trading
Part C: Privacy and Data Protection
1. Use of the SML Site
1.1 The SML Site is provided to you for your personal or business use subject to these Terms.
By using the SML Site you agree to be bound by these Terms.
2. Amendments to these terms
2.1 We may update these Terms from time to time for legal or regulatory reasons or to allow the proper operation of the SML Site. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the SML Site. The changes will apply to the use of the SML Site after we have given notice. If you do not wish to accept the new Terms you should not continue to use the SML Site. If you continue to use the SML Site after the date on which the change comes into effect, your use of the SML Site indicates your agreement to be bound by the new Terms.
3.1 To register on the SML Site you must be over eighteen years of age.
3.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
3.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you
3.4 You are solely responsible for maintaining and updating your registration information and User Account.
3.5 If you wish to cancel your registration and terminate this Agreement then you may do so at any time by providing written notice and/or using the cancellation process in your User Account.
4. Password and Security
4.1 When you register to use the SML Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting email@example.com immediately.
4.2 If SML has reason to believe that there is likely to be a breach of security or misuse of the SML Site, we may require you to change your password or we may suspend your account.
5. Intellectual property
5.1 The content of the SML Site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the SML Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non- commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the SML Site without written permission from SML.
5.2 SML reserves to itself and is the owner of all proprietary information and data relating to its Registered Users (“SML Customer Data”) and you are expressly forbidden from procuring or attempting to procure, collect or make any use of SML Customer Data. The prohibitions contained in this clause 5.2 do not preclude you from being able to use data from the SML Site to contact other SML Customers for the purposes of conducting trade through the Site.
5.3 In respect of any photographs or other pictorial or graphical material (“Materials”) you upload to the SML Site or provide to us you grant to us an irrevocable, perpetual license to retain, use and reuse such Materials at our sole discretion across any medium.
6. Your use of the SML Site
6.1 You may not use the SML Site for any of the following purposes:
6.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
6.1.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
6.1.3 placing incorrect, misleading, false or otherwise fraudulent offers, bids or trades and/or making any misrepresentations in relation to your identity, legal entitlement or capacity to trade;
6.1.4 interfering with any other person’s use or enjoyment of the SML Site; or
6.1.5 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
6.2 You will be responsible for any and all liabilities, whether direct, indirect or consequential arising out of your misuse of the Site and/or breach of this clause 6, including any losses or costs incurred by SML in relation to the same.
7. Availability of the SML Site
7.1 Although we aim to offer you the best service possible, we make no promise that the services at the SML Site will meet your requirements. We cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
7.2 Your access to the SML Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
8. Service charges
8.1 There are currently no Fees for using the SML Site.
9. Your liability
9.1 To the extent not otherwise set out in these Terms, you shall be liable for all your activity in relation to your User Account and use of the Site and you shall indemnify us to the fullest extent permitted by law for any and all losses, damage or claims whether direct, indirect or consequential arising out of your failure to comply with these Terms or otherwise.
9.2 You are fully liable for your activity as Seller or Buyer and any and all liability arising between those Sellers or Buyers with whom you trade as a result of a Listing. You warrant that either as Seller or Buyer you have the capacity to trade and fully indemnify us against any and all claims that may arise from other Registered Users as a result of your failure to comply with these Terms or otherwise.
10. SML’s liability
10.1 Except as expressly stated in these Terms, we have no liability in relation to any Registered User who has entered into a transaction together through the use of our Site. We do not make any representation nor give any warranties or undertakings in relation to the Service. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
10.2 We (including our directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or any special, indirect or consequential damages for any losses arising, directly or indirectly from:
10.2.1 your use of or your inability to use our Service;
10.2.2 use of or any reliance on any content displayed on our Website;
10.2.3 delays or disruptions in our Services;
10.2.4 viruses or other malicious software obtained by accessing, or linking to, our Service;
10.2.5 glitches, bugs, errors or inaccuracies of any kind in our Service;
10.2.6 damage to your hardware device from use of our Service;
10.2.7 the information, content, actions or inactions of third parties, including items listed using our Service;
10.2.8 a suspension or other action taken with respect to your account as a result of your breach of these Terms;
10.2.9 the duration or manner in which your listings appear in search results; or
10.2.10 your need to modify practices, content, or behaviour or your loss of, or inability to do business as a result of changes to these Terms.
10.3 We cannot confirm, and are not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our Site.
10.4 If we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to 100 Pounds Sterling (£100).
10.5 Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
11.1 While we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy and completeness of the material on the Site. We may make changes to the material on the Site at any time without notice. The material on the Site may be out of date, and we make no commitment to update such material.
11.2 The material on the Site is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Site.
12. Third Party Websites
12.1 As a convenience to Users and SML Customers, the SML Site includes or may include links to other web sites or material which are beyond its control. SML is not responsible for content on any site outside the SML Site.
13. Applicable Law
13.1 These terms and conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take
court proceedings, you must do so within the United Kingdom.
14. International Use
14.1 The SML Site is designed and provided solely for use within the United Kingdom. We make no promise that materials on the SML Site are appropriate or available for use in locations outside the United Kingdom, and accessing the SML Site from territories where its contents or conducting trade through its services are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. SML disclaims any and all liability for any use of the SML Site or Services from outside the United Kingdom.
15.1 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
15.2 If you breach these Terms and SML chooses to ignore this, SML will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
15.3 SML shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
15.4 To the extent not otherwise provided on the Site, all notices (“Notices”) to us under this Agreement shall be in writing and sent to Hectare Agritech Limited, 145-157 St John Street, London EC1V 4PW. All Notices we send to you shall be sent via email to the email address you provided on registration.
15.5 If any part of these Terms is determined, by court or a relevant authority, to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in full force and effect.
15.6 This Agreement is between you and us. No other person shall have any rights to enforce any of its Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
15.7 These Terms and any other policies referred to form the entire agreement between you and us concerning the use of our Service and supersede all previous agreements. No agency, partnership, joint venture, employer-employee, franchise-franchisee is intended or created by this Agreement.
16.1 If and to the extent that you breach any of these Terms we shall have the right to immediately suspend or terminate your registration, use and access to the Site.
16.2 If you wish to terminate this Agreement then you may do so by cancelling your registration in accordance with Part A, clause 3.5 above.
PART B: TERMS OF TRADING
17. Use of Service
17.1 Use of the SML Portal is reserved to and only available for Registered Users.
17.2 SML does not conduct or provide any verification system in respect of Registered Users and provides no warranty in respect of the accuracy, identity or legal capacity of any Registered Users and SML specifically disclaims any and all liability in respect of the same. You acknowledge and agree that in using the Services, you accept the aforementioned and it is your responsibility to satisfy yourself as to the identity, authenticity and reliability of any information or Trading Information provided by Registered Users.
18. Obligations of Registered Users
18.1 As a Registered User you warrant you have the consent and authority to register as an account holder on behalf of yourself, or if employed as employee or agent for another third party or organisation, you have the authority to trade on behalf of such third party or organisation and, to the extent applicable, to provide the required details under the Electronic Commerce (EC Directive) Regulations 2002.
18.2 You agree and warrant that you have provided and shall provide true, accurate and complete information as prompted by the User Account registration form and you agree to maintain and promptly update your User Account details and information to ensure they are true, accurate, current and complete at all times. You shall be solely liable for any losses, damage or claims arising out of your failure to provide and maintain accurate details or information.
18.3 If you provide any information that is not true, complete or current or we suspect that such information is not true or accurate, we have the right to terminate or suspend your account.
18.4 As per Part A, clause 4 above, your user identification and password is confidential. It is your responsibility to keep this information confidential and not disclose this to anyone.
18.5 You agree to immediately notify us if you know or suspect your User Account is being used without your authority. We will not be liable for any loss any unauthorised user incurs in connection with your User Account.
19. Warranties and Obligations of Sellers
19.1 Any Listing you place must be for the sale of Livestock.
19.2 You are legally able to sell the Livestock, as you are the legal owner or you have obtained authority from the legal owner to sell.
19.3 You will comply with good industry practice and any other statutory requirements in relation to selling Livestock.
19.4 You specifically warrant that:
19.4.1 the Livestock you sell are free from any kind of disease;
19.4.2 any cattle you sell through the SML Site have been registered with the Department for Environment, Food and Rural Affairs (“Defra”), have two physical ear tags (one in each ear) and a cattle passport;
19.4.3 your farm has a valid County Parish Holding (“CPH”) number;
19.4.4 you have authority from the veterinary practice of the Livestock to provide their details on any listing; and you shall indemnify both Buyer and SML against any breach of the above warranty obligations.
19.5 You are solely responsible for the content and accuracy of any Listing you place on the SML Portal. If we suspect the content of your Listing is misleading or inaccurate, we may remove your Listing without notice.
19.6 Any Listing you make will be valid until you secure a Buyer and conclude a sale and/or remove such listing.
19.7 Any resulting transaction between Seller and Buyer will be subject to such terms and conditions as may be agreed between Seller and Buyer.
19.8 Until a price and sale is confirmed between Seller and Buyer any offers shall be Subject to Contract and all contractual responsibility and liability arising out of any offers and acceptances shall arise and exist solely as between Seller and Buyer. For the avoidance of doubt, SML is not a party to any contract between Seller and Buyer and has and disclaims any and all liability in respect of the same.
19.9 Each offer you accept places you in a legally binding contract with the Buyer to the extent that upon acceptance of such offer you expressly acknowledge and agree that the acceptance of such offer and any contractual terms agreed between you and the Buyer shall constitute the contract between you and the Buyer and you shall therefore be obliged to supply the goods your have offered for sale to the Buyer in accordance with such terms and conditions.
20. Obligations of Buyers
20.1 When placing an offer, the Buyer will agree with the Seller any or such terms and conditions that you wish to apply to the transaction.
20.2 You warrant to us and the Seller that:
20.2.1 You will pay for any offers accepted by the Seller as directed by the Seller;
20.2.2 You have the capacity to enter into a legally binding contract with any Seller.
20.3 Each offer you make places you in a legally binding contract with the Seller to the extent that upon acceptance of such offer you expressly acknowledge and agree that the acceptance of your offer and any or such contractual terms as you may have agreed with the Seller shall constitute perfection of the contract between you and the Seller and you shall therefore be obliged to pay the Seller in accordance with such terms and conditions. For the avoidance of doubt, SML is are not party to any contract between you and any Seller and disclaims any and all liability in respect of the same.
20.4 On making an offer you will be deemed to have full knowledge of the listing of the Livestock and all information concerning that Livestock derived from it.
20.5 If your User Account has been suspended or terminated by us for whatever reason, you are not permitted to use a different registered account to place any offer.
21. Payment and Exchange of Goods
21.1 Payment and payment terms shall be as set out in the Seller’s terms or as otherwise agreed between Seller and Buyer. The Buyer agrees to pay the Seller in accordance with such terms. The Seller and Buyer shall agree the process for exchange of goods. For the avoidance of doubt, SML shall have no involvement, responsibility or liability in respect of payment or exchange of goods and these shall be solely as agreed between Seller and Buyer. SML expressly disclaims any and all liability in respect of the same.
PART C: PRIVACY AND DATA PROTECTION
The following terms comprise part of the Terms of this Agreement and set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting and/or using and/or registering with the SML Site you are accepting and consenting to the practices described in this policy. For the purpose of the Data Protection Act 1998 (the Act), the data controller is Hectare Agritech Limited with our registered office at 145-157 St John Street, London EC1V 4PW. Data protection registration number ZA164791.
22. Information we may collect from you
22.1 We may collect and process the following data about you:
22.1.1 Information you give us. You may give us information about yourself or business by filling in forms on our Site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our Site, use our service and when you report a problem with our Site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
22.1.2 Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
(a) technical information, including the internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform messages you send or receive using the messaging functionality on any of our platforms or systems;
(b) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
(c) Information we receive from other sources. We may receive information about you or your Livestock from other sources. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you or your Livestock from them.
23.1 Our Site uses 2 cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our Site, which helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site. The cookies we use are “analytical” cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the Site when they are using it. This helps us to improve the way our Site works, for example by ensuring that users are finding what they are looking for easily. You are free to decline cookies if your browser permits, however it may prevent you from using certain features on our Site.
24. Uses made of the information
We use information held about you in the following ways:
24.1 Information you give to us. We will use this information:
24.1.1 to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us;
24.1.2 to notify you about changes to our service;
24.1.3 to ensure that content from our Site is presented in the most effective manner for you and for your computer.
24.2 Information we collect about you. We will use this information:
24.2.1 to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
24.2.2 to improve our Site to ensure that content is presented in the most effective manner for you and for your computer;
24.2.3 to allow you to participate in interactive features of our service, when you choose to do so;
24.2.4 as part of our efforts to keep our Site safe and secure;
24.2.5 to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
25. Disclosure of your information
25.1 We may share your information with selected third parties including:
25.1.1 Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
25.1.2 Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
25.1.3 Analytics and search engine providers that assist us in the improvement and optimisation of our site.
25.2 We may disclose your personal information to third parties:
25.2.1 To obtain certain necessary information about your Livestock and to comply with any applicable laws, regulations or other industry practices in relation to the trading of Livestock.
25.2.2 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
25.2.3 If Hectare Agritech Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
25.2.4 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions http://www.sellmylivestock.co.uk/terms and other agreements; or to protect the rights, property, or safety of Hectare Agritech Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
26. Where we store your personal data
26.2 Your password enables you to access certain parts of our Site. You are responsible for keeping this password confidential. We ask you not to share a password with anyone.
26.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
27. Your rights
27.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us through our “contact us” page. Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
28. Access to information
28.1 The (UK) Data Protection Act 1998 (the”Act”) gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.