This User Agreement is effective upon acceptance for users, who accept it through registration of a Livestock Live Limited account.
Livestock Live is a marketplace that allows users to offer, sell and buy animals in a variety of pricing formats and locations.
Livestock Live Limited does not have possession of anything listed or sold through Livestock Live, and is not involved in the actual transaction between buyers and sellers.
The contract for the sale is directly between buyer and seller. Livestock Live is not a traditional auctioneer. While we may provide pricing, logistic information and other guidance in our Services, such guidance is solely informational and you may choose not to follow it.
Livestock Live does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, Livestock Live Limited 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.
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 Livestock Live 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.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue Livestock Live Services.
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.
We do not charge any fee for using site.
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. Livestock Live 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.
When buying an item, you agree to comply that:
International buying and selling.
When providing us with content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database or other rights you have in or to the content in any media known now or in the future.
Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sub-licensees or assignees.
We may offer catalogues of stock images, descriptions and product/animal specifications, which are provided by third-parties (including Livestock Live users). You may use catalogue content solely in connection with your Livestock Live listings during the time your listings are on Livestock Live 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 Livestock Live 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 Livestock Live 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 Livestock Live services may not occur in real time. Such functionality is subject to delays beyond Livestock Live 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.
Livestock Live 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 Livestock Live 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
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 Livestock Live, 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 England and Wales. You and Livestock Live both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, "non-exclusive jurisdiction of the English 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 England, but you may also elect to bring a claim in the court of another country instead. English 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.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 Livestock Live 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 Livestock Live Privacy Notice and all polices posted on our site are the entire agreement between you and Livestock Live 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 Livestock Live Limited, Great West House, Brentford, London, TW8 9DF.
We shall send notices to you by email to the email address you provide to Livestock Live 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 Livestock Live Limited of Great West House, Great West Road, Brentford TW8 9DF. Company Registered in England and Wales, Registration number 08926996
If and when we approve your registration and provide you with your user name and password information, confirmation of approval is subject to: 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). Livestock Live Limited checking your credit reference and the information you provide to assess the accuracy of information provided. By using 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 Livestock Live Limited software platform from time to time.
3.Animal details / Legal Owner
Only the legal owner of an animal may enter the details of an animal onto Livestock Live Limited software platform. By entering an animal onto Livestock Live, you are confirming you are the legal owner of the animal. You agree to enter the correct herd number/ID details of the owner of the animal if applicable. You agree to enter the correct ID/tag number, sex, breed, description, weight (ticking appropriate box if estimated) of the animal.
3a. Seller Selling an Animal (Entering animals into Auction)
By entering an animal onto Livestock Live Auction, you are confirming you are the legal owner of the animal. You will enter a reserve price for the animal or per kg. The legal owner agrees to accept any offer above the reserve price for the animal. 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 Livestock Live Limited software platform (LSL). The bidder may also setup an auto bid solution where the system will automatically counter bid by £0.10/€0.10 per kg up to the bidders maximum entered bid.
4. Ending the Agreement
You may end the Agreement at any time by repaying the full amount you owe under the Agreement at that time. You agree that we will demand repayment of the full amount owed by you under the Agreement if you:
Do not pay on time; Have been dishonest or given misinformation in a way which affects our decision to approve your registration; Before making any demand we will take all the steps we are required to take by law for your protection.
5. Special offers and Promotions
From time to time, we may introduce special offers or promotions. These will be subject to separate terms and conditions which we will publish at the time.
6. Use of Personal Information
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
To our agents and subcontractors, acting for us, to use for the purpose of operating our business and obtaining payment;
To share information via CRAs and FPAs , for the purpose of preventing and detecting fraud;
When you apply to us, we will check the following records about you (and others where applicable):
Those at CRAs;
Those at FPAs.
When CRAs receive a search from us they will place a search footprint on your credit file that may be seen by other lenders. They supply to us both public (including the electoral register) and shared credit and fraud prevention information.
We will make checks such as: assessing this application for credit and verifying identities to prevent and detect crime and money laundering. We may also make periodic searches at CRAs and FPAs to manage your account with us. Please be aware that large numbers of applications within a short time period may affect your ability to obtain credit, this is the case whether you are accepted or declined.
Information on applications will be sent to CRAs and FPAs and will be recorded by them. Where you owe us, we will give details of your account(s) and how you manage it/them to CRAs. If you owe and do not repay in full and on time, CRAs will record the outstanding debt and, in some cases, the length of time that the debt remains outstanding. This information may be supplied to other organisations by CRAs and FPAs to perform similar checks and to trace your whereabouts and recover debts that you owe. Records remain on file for 6 years after they are closed, whether settled by you or defaulted. We will give you prior notice of a default being registered on your credit reference file.
If you give us false or inaccurate information and we have reasonable grounds to suspect fraud or we identify fraud we may record this and may also pass this information to FPAs and other organisations involved in crime and fraud prevention.
If you tell us that you have a spouse or financial associate, we will link your records together so you must be sure that you have their agreement to disclose information about them. CRAs also link your records together and these links will remain on your and their files until such time as you or your partner successfully files for a disassociation with the CRAs to break that link.
We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. We may transfer your personal data abroad to countries whose data protection laws are less strict than in the UK or Republic of Ireland. If so, we will ensure the information is held securely to standards at least as good as those in the UK or Republic of Ireland and only used for the purposes set out in this clause.
Your data may also be used for other purposes for which you give your permission or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998.
Under the Data Protection Act 1998, you have a right to access certain personal records we, credit reference agencies and fraud prevention agencies hold about you. This is called a 'subject access request', which you can make by writing to Information@livestocklive.com. A £10 fee may be payable.