Terms & Conditions LSL Auctions Limited / LSL App / Livestock Live Limited (LSL)
This User Agreement is effective upon acceptance for users, who accept it through registration of LSL Auctions Limited / LSL App / Livestock Live Limited.
The terms of this agreement are with LSL Auctions Limited / LSL App / Livestock Live Limited, 10 Aubury Road, Mullingar, Co Westmeath, N91 FH79 Ireland, Company Number (CRO) 648456, VAT Number 3609856LH are deemed accepted when using the LSL Auctions Limited, LSL App, Livestock Live Limited Platforms.
LSL Auctions Limited / LSL App / Livestock Live Limited provide in-house auction Software, Online auction bidding and live streaming platform, LSL App - Farm Management application, secure auction client account access, Transport Hub, Shop and product market prices.
LSL Auctions Limited / LSL App / Livestock Live Limited does not have possession of anything listed or sold through LSL Auctions Limited / LSL App / Livestock Live Limited or LSL App, and is not involved in the actual transaction between buyers and sellers.
The contract for the sale is directly between buyer and seller and/or auction house used. LSL Auctions Limited / LSL App / Livestock Live Limited is not a traditional auctioneer. While we may provide pricing, logistic information, videos, bidding data and other guidance in our Services, such guidance is solely informational, and you may choose not to follow it.
LSL Auctions Limited / LSL App / Livestock Live Limited does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, LSL Auctions Limited / LSL App / Livestock Live Limited and LSL App has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Using LSL Auctions Limited, LSL App, Livestock Live Limited
While using or accessing the Services you will not:
We will commence supplying our services to you as soon as you accept this User Agreement. Unless you and LSL Auctions Limited / LSL App / Livestock Live Limited agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
Once registered and logged into LSL Auctions Limited, LSL App, Livestock Live Limited Platforms you are deemed to accept these terms and conditions.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue Livestock Live Services.
Abusing LSL Auctions Limited, LSL App, Livestock Live Limited Systems, Software or platform / App.
Without limiting other remedies, we may limit, suspend, or terminate our Services and user accounts, restrict or prohibit access to, and your activities on, our Services, cancel bids and remove listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
LSL Auctions Limited, LSL App, Livestock Live Limited Fees
We do not charge any fee for using site however we reserve the right to charge fees for in the future for specific elements of the platform. LSL Auctions Limited, LSL App, Livestock Live Limited charge a commission fee for using the LSL Transport Hub. Please refer to LSL Transport Hub terms and conditions for further information.
LSL Auctions Limited, LSL App, Livestock Live Limited Listing Conditions
When listing an item, you agree to comply with the rules of listing and selling practices policy and you are responsible for the accuracy, content and legality of the item listing.
Your listing may not be immediately searchable by keyword or category for up to 24 hours. LSL Auctions limited, LSL App, Livestock Live Limited does not guarantee exact listing durations.
Where your listing appears in search and browse results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, and price. Feedback, and detailed seller ratings.
Livestock Live duplicate listing policy may also affect whether your listing appears in search results.
LSL Auctions Limited, LSL App, Livestock Live Limited Purchase Conditions
LSL Auctions Limited / LSL App / Livestock Live Limited, 10 Aubury Road, Mullingar, Co Westmeath, N91 FH79 Ireland Company Number (CRO) 648456, VAT Number 3609856LH
When buying an item, you agree to comply that:
International buying and selling.
We may offer catalogues of stock images, descriptions and product/animal specifications, which are provided by third parties (including LSL Auctions Limited / LSL App / Livestock Live Limited users). You may use catalogue content solely in connection with your Livestock Live listings during the time your listings are on LSL Auctions Limited / LSL App / Livestock Live Limited sites.
While we try to offer reliable data, we cannot promise that the details/catalogues/images will always be accurate and up-to-date, and you agree that you will not hold LSL Auctions, LSL App, Livestock Live Limited or other providers responsible for inaccuracies in the data. If you choose to include image/catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all Livestock Live policies. The catalogue/images/data may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).
We try to keep LSL Auctions Limited, LSL App, Livestock Live Limited and its services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid updates and other notification functionality in LSL Auctions Limited, LSL App, Livestock Live Limited services may not occur in real time. Such functionality is subject to delays beyond LSL Auctions Limited, LSL App, Livestock Live Limited control.
We (including our parent, subsidiaries, affiliates, 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 for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites. Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult.
LSL Auctions Limited / LSL App / Livestock Live Limited cannot and does not confirm, and is 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 sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of
(a) any amounts due up to the price the item sold for on LSL Auctions Limited, LSL App, Livestock Live Limited and its original shipping costs,
(b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or
(c) Maximum liability of £100.
Nothing in this User 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.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Livestock Live Services or your breach of any of any law or the rights of a third party.
If a dispute arises between you and LSL Auctions limited, LSL App, Livestock Live Limited, we strongly encourage you to first contact us directly to seek a resolution by customer services.
We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of Ireland. You and LSL Limited, LSL App, Livestock Live Limited both agree to submit to the non-exclusive jurisdiction of the Irish Courts.
In simple terms, "non-exclusive jurisdiction of the Irish courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in Ireland, but you may also elect to bring a claim in the court of another country instead. Irish law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email or by posting the amended terms on www.lslauctions.com, LSL App, www.livestock-live.com
. All amended terms shall automatically be effective 30 days after they are initially posted. This User Agreement may not be otherwise amended except through mutual agreement by you and a LSL Auctions Limited, LSL App, Livestock Live Limited representative authorised to do so. The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Livestock Live site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
The User Agreement, the LSL Auctions Limited, LSL App, Livestock Live Limited Privacy Notice and all polices posted on our site are the entire agreement between you and LSL Auctions Limited, LSL App, Livestock Live Limited and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), content, liability compensation, legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to LSL Auctions Limited / LSL App / Livestock Live Limited , 10 Aubury Road, Mullingar, Co Westmeath, N91 FH79 Ireland Company Number (CRO) 648456, VAT Number 3609856LH
We shall send notices to you by email to the email address you provide to LSL Auctions Limited, LSL App, Livestock Live Limited during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
User Agreement conditions will apply to the members/users in the form of this User Agreement (The Agreement), conditions entered into by you with LSL Auctions Limited / LSL App / Livestock Live Limited, 10 Aubury Road, Mullingar, Co Westmeath, N91 FH79 Ireland Company Number (CRO) 648456, VAT Number 3609856LH
If and when we approve your registration and provide you with your user name and password information, confirmation of approval is subject to: LSL Auctions Limited / LSL App / Livestock Live Limited ensuring that the information you gave us is not inaccurate or deficient in any respect (if we discover that it was, then the Agreement will be void and where appropriate may be reported to credit reference and fraud agencies). LSL Auctions Limited / LSL App / Livestock Live Limited checking your credit reference and the information you provide to assess the accuracy of information provided. By using LSL Auctions Limited / LSL App / Livestock Live Limited software you agree to all the terms and conditions in this document. Terms and conditions may be changed from time to time and a request for confirmation of acceptance will be requested with full details of terms and conditions on log-in to the LSL Auctions Limited / LSL App / Livestock Live Limited software platform from time to time.
3.Item, Lot Animal details / Legal Owner
Only the legal owner of an item, lot animal, lot may enter the details onto LSL Auctions Limited / LSL App / Livestock Live Limited software platform. By entering an animal, item, lot onto LSL Auctions Limited / LSL App / Livestock Live Limited, you are confirming you are the legal owner. You agree to enter the correct herd number/ID details of the owner of the animal, item lot if applicable. You agree to enter the correct details etc, ID/tag number, sex, breed, description, weight (ticking appropriate box if estimated) of the animal.
3a. Seller Selling an item, lot, Animal (Entering animals into Auction)
By entering an item, lot, animal onto LSL Auctions Limited, LSL App, Livestock Live Limited, you are confirming you are the legal owner. You will enter a reserve price for the item, lot, animal. The legal owner agrees to accept any offer above the reserve price for the item, lot, animal if applicable. The legal owner may accept an offer anytime during the auction, or the auction software will accept/sell the animal to the highest bidder, above the reserve price at the end of the auction end time/date. Sellers of animals must notify the Department of Agriculture of any movement of animals to another herd number. Please see Department of Agriculture website for monitoring and movement of animals.
Registered and approved users with a herd number may bid for animals being auctioned using LSL Auctions Limited / LSL App / Livestock Live Limited software platform (LSL). The bidder may also setup an auto bid solution where the system will automatically counter bid by £10/€10 per head (or increment set by the auctioneer) up to the bidder’s maximum entered bid.
We collect information about you (personal data) in a number of ways including information you give to us and other sources such as credit reference agencies (CRAs) and fraud prevention agencies (FPAs).
We may use your personal data for: statistical analysis; to develop and improve our products; to update your records; to identify which of our products might interest you; to identify, prevent, detect or tackle fraud, money laundering and other crime; to carry out regulatory checks; for market research purposes.
We will keep your personal data confidential and only give it to others as set out in this Condition and in our
LSL Transport Hub:
LSL Auctions Limited, LSL App, Livestock Live Limited facilitate a transport solution platform. LSL Auctions Limited, LSL App, Livestock Live Limited does not operate any transport vehicles and merely facilitate the communication and booking of transport. It is the responsibility of the user to be satisfied with the transporter prior to accepting the booking. The transporter is responsible for providing safe and secure transport, appropriate insurance and in line with government standards for the goods/item/livestock being transported. The insurance cover for all relative vehicles, goods, livestock, lots items being transported is the sole responsibility for the transporter. It is the responsibility of the owner of the items, lots, livestock being transported to inspect the insurance, transport, condition, licence etc of the transport company/individual prior to dispatch of goods/livestock/items. LSL Auctions Limited, LSL App, Livestock Live Limited will make the details of the transporter available prior to the dispatch/collection. If the owner is not satisfied with the transporter, the owner may retract the order and LSL Auctions Limited, LSL App, Livestock Live Limited will refund the secured payment if it is prior to dispatch/collection. Justifiable reasons must stand for retracting a booking. LSL Auctions Limited, LSL App, Livestock Live Limited will always be the judicator in these instances.
LSL Auctions Limited, LSL App, Livestock Live Limited facilitate electronic card payment from the owner of the goods being transported to the transporter. Funds must be paid on booking and prior to goods being collected. LSL Auctions Limited, LSL App, Livestock Live Limited, will forward the payments to the transporter within 7 days of successful delivery confirmation. LSL Auctions Limited, LSL App, Livestock Live Limited will charge the owner of the goods/item/livestock, the transporter tender fee quoted, once accepted by the owner of the goods being transported. LSL Auctions Limited, LSL App, Livestock Live Limited, will charge (the relevant currency for country (£/$/€ etc) 0.50 per cattle head, 0.30 calf head, 0.10 sheep head, item to the transporter and 0.50 per cattle head, 0.30 calf head, 0.10 sheep head, item `to the owner for goods, booked through the LSL Auctions Limited, LSL App, Livestock Live Limited Transport Hub platform. LSL Auctions Limited, LSL App, Livestock Live Limited, will charge (the relevant currency for country (£/$/€ etc) 0.50 per item to the transporter and 0.50 to the owner for goods, booked through the LSL Auctions Limited, LSL App, Livestock Live Limited Transport Hub platform. All card payment charges will be passed to the owner or and transporter where relevant. By using the LSL Auctions Limited, LSL App, Livestock Live Limited, Transport Hub you agree to these terms. All liability and compensation conditions remain the same as mentioned in the LSL Auctions Limited, LSL App, Livestock Live Limited terms and conditions, Liability, Compensation, Disputes section.
DATA PROTECTION POLICY
LSL Auctions Limited, LSL App, Livestock Live Ltd hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes.
This policy sets out how we seek to protect personal data and ensure that staff understand the rules governing their use of personal data to which they have access in the course of their work. In particular, this policy requires staff to ensure that the Data Protection Officer (DPO) be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
The purposes for which personal data may be used by us: Personnel, administrative, financial, regulatory, payroll and business development purposes. Business purposes include the following:
Information relating to identifiable individuals, contract and other staff, clients, suppliers and marketing contacts. Personal data we gather may include individuals' contact details, financial and pay details, details of herds etc.
This policy applies to all staff. You must be familiar with this policy and comply with its terms.
We may supplement or amend this policy by additional policies and guidelines from time to time. Any new or modified policy will be circulated to staff before being adopted.
Who is responsible for this policy?
Data Protection Officer role for the company has overall responsibility for the day-to-day implementation of this policy.
Fair and lawful processing
We must process personal data fairly and lawfully in accordance with individuals' rights. Staff training will be provided to ensure that you all know what this means in practise and our processes are designed to maintain company compliance with current personal data protection law and regulation. The Data Protection principles we must follow are: that Personal data shall be:
The Data Protection Officer's responsibilities:
The data protection officer shall have at least the following tasks:
Responsibilities of the IT Manager
Responsibilities of the Marketing Manager
Sensitive personal data
In most cases where we process sensitive personal data, we will require the data subject's explicit consent to do this unless exceptional circumstances apply, for example, where we are required to do this by law. Any such request for consent will need to clearly identify what the data is, why it is being processed and to whom it will be disclosed.
Accuracy and relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. If you believe that information is inaccurate you should record the fact that the accuracy of the information is disputed and inform the DPO.
Your personal data
You must take reasonable steps to ensure that personal data we hold about you is accurate and updated as required.
You must keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, the DPO will establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third-party organisations.
Storing data securely
Personal data may only be retained based on a ‘current' lawful basis and legitimate purpose. We must retain personal data for no longer than is necessary.
Transferring data internationally
There are restrictions on international transfers of personal data. You must not transfer personal data anywhere outside the UK/Ireland without first consulting the Data Protection Officer.
Subject access requests
Please note that under the General Data Protection Regulation, individuals are entitled, subject to certain exceptions, to request access to information held about them.
If you receive a subject access request, you should refer that request immediately to the DPO. We may ask you to help us comply with those requests.
Please contact the Data Protection Officer if you would like to correct or request information that we hold about you. There are also restrictions on the information to which you are entitled under applicable law.
Processing data in accordance with the individual's rights
You should abide by any request from an individual not to use their personal data for direct marketing purposes and notify the DPO about any such request.
Do not send direct marketing material to someone electronically (e.g. via email) unless you have an existing business relationship with them in relation to the services being marketed.
Please contact the DPO for advice on direct marketing before starting any new direct marketing activity.
All staff will receive training on this policy. New joiners will receive training as part of the induction process. Further training will be provided at least every six months or whenever there is a substantial change in the law or our policy and procedure.
Training is provided through an in-house seminar on a regular basis.
It will cover:
Completion of training is compulsory.
Where not specified previously in this policy, the following provisions will be in effect on or before 25 May 2018.
Privacy Notice - transparency of data protection
Being transparent and providing accessible information to individuals about how we will use their personal data is important for our organisation. The following is the information that every privacy notice needs to include:
Conditions for processing
We will ensure any use of personal data is justified using at least one of the lawful conditions for processing and this will be specifically documented. All staff who are responsible for processing personal data will be aware of the conditions for processing. The conditions for processing will be available to data subjects in the form of a privacy notice.
Justification for personal data
We will process personal data in compliance with all six data protection principles.
We will document the additional justification for the processing of sensitive data.
The personal data that we collect is subject to a positive action by the subject, which needs to be documented, to validate that ‘Consent' is the lawful basis for processing that personal data. Consent can be revoked but the subject at any time.
Upon request, a data subject should have the right to receive a copy of their data in a structured format. These requests should be processed within one month, provided there is no undue burden and it does not compromise the privacy of other individuals. A data subject may also request that their data is transferred directly to another system. This must be done for free.
Right to be forgotten
A data subject may request that any information held on them is deleted or removed, and any third parties who process or use that data must also comply with the request. An erasure request can only be refused if an exemption applies.
Privacy by design and default
Privacy by design is an approach to projects that promote privacy and data protection compliance from the start. The DPO will be responsible for conducting Privacy Impact Assessments and ensuring that all IT projects commence with a privacy plan.
International data transfers
No data may be transferred outside of the EU without first discussing it with the data protection officer.
Data audit and register
Regular personal data audits to manage and mitigate risks will be conducted using a Data Protection Impact Analysis (DPIA). The DPIA contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant.
All members of staff have an obligation to report actual or potential data protection compliance failures. This allows us to:
Please refer to our Compliance Failure Policy for our reporting procedure.
Everyone must observe this policy. The DPO has overall responsibility for this policy. They will monitor it regularly to make sure it is being adhered to.
Consequences of failing to comply
We take compliance with this policy very seriously. Failure to comply puts both you and the organisation at risk.
The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures which may result in dismissal. If you have any questions or concerns about anything in this policy, do not hesitate to contact the DPO.