Website and Membership Terms
Last Amended: February 2021
Below are our terms for the use of our Website at www.thetba.co.uk, they apply to guests, purchasers, donors and members. Please read these terms carefully before using this Website. If you do not agree to these terms, please leave this Website and do not make use of our online services. You can call us if you’d prefer to manage your membership over the phone. By remaining on this Website, making use of our services or becoming a member you are deemed to accept these terms in full.
These terms are an agreement (“Agreement”) between you and The Thoroughbred Breeders’ Association (the “TBA). Please also read our privacy policy which explains how we treat your personal information and protect your privacy.
If you become an associate subscriber or a member of the TBA, sections 9 and 10 apply specifically to your membership/subscription. Purchases are covered by clause 11 and Schedule 1 and donations in clause 12. This Agreement and our privacy policy may be updated from time to time, e.g. to reflect changes in our services, membership, privacy practices and this Website. Please return to this Agreement from time to time and note any changes, as they are binding on you. The latest amendment date is in the heading above.
Definitions
Please note that some words are defined as they are used and are highlighted in bold.
“The TBA”, ‘us”, “our” and “we” all refer to The Thoroughbred Breeders’ Association (company number 07073259), registered in England and Wales with its registered office address at Stanstead House, 8 The Avenue, Newmarket, Suffolk, CB8 9AA. We are a registered charity and our registered charity number is 1134293.
“you” refers to you, the Website visitor, purchaser, donor, subscriber or member of the TBA.
“Website” means this website at www.thetba.co.uk.
Access to website
You can access most parts of this Website without having to register any details with us. This includes articles, guides, events, news and product information pages within the Website. Access to our members’ area is only available to registered members of The TBA. Access to the associates’ area is only available to associate subscribers. If you would like to join us, please register here.
Our Website is intended for people in the United Kingdom. Content available on our Website may not be suitable or accessible from other countries. We may restrict the availability of our Website or our services or goods to any person or country at any time without prior notice. If you access our site from outside the United Kingdom, you do so at your own risk.
Use of Website
You are permitted to use publicly available materials on our Website for your own personal use, but not for distribution (including sharing or making available for use by others by any means, whether free of charge or for payment) or resale. You promise that you will not resell or otherwise attempt to commercially benefit from the Website content.
All intellectual property (including without limitation copyright) in this Website and its content belongs to The TBA or our licensors and is protected by copyright laws around the world. You have permission to print one copy and download extracts of any web page(s) from our Website for: (a) your personal use; and (b) to mention to colleagues in your organisation. You do not have permission to use any illustrations, photographs, video or audio files separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material must always be acknowledged and you must not use the material on the Website in a derogatory manner.
Otherwise than in accordance with clause 3.1, no part of this Website may be used without our prior permission.
If, in breach of this Agreement, you print off, copy or download any part of our Website, then your right to use our Website and is contents is automatically revoked – you must then immediately destroy any copies you have made of any part of our Website.
We do not guarantee that our Website will be free from bugs or viruses or protected at all times against hacking. You are responsible for setting up your computer to access our Website and using appropriate firewall and virus protection software.
Site uptime
We take reasonable steps to ensure that this Website is available 24/7. However, websites do sometimes encounter downtime due to server or other technical issues. Therefore, we will not be liable if this Website is unavailable at any time. We do not guarantee that our Website, or any content on it, will be available uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues, but shall not be obliged to do so.
Visitor conduct
With the exception of your personal details, the use of which is covered under our privacy policy, any material you send to this Website shall be considered non-proprietary and not confidential. Unless you advise us to the contrary, we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
You must not attempt unauthorised access to our Website, the servers on which our Website or database are stored or any servers, computer or database connected to our Website, and you shall not send to this Website any material:
for which you have not obtained all necessary consents;
that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others; which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the England and Wales United Kingdom; or
which is harmful in nature, including, and without limitation, denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach of Paragraph 5.2.
If a third-party alleges that content posted by you on our Website is in breach of their intellectual property rights or their right to privacy, we may disclose your identity to such third-party.
We reserve the right to remove any posting you make on our Website for any reason and without notice, but particularly if your post does not comply with this Agreement.
Your account and password
If you choose, or you are provided with, a user log-in or password as part of your membership, you must keep it confidential. We strongly recommend that you update the automatically generated password with something more memorable – ensuring that it contains a mixture of characters, numbers, symbols, lowercase and capital letters. You will be responsible for all activity carried out using your username and password.
If in our reasonable opinion you have breached this Agreement, then we may disable any user log-in or password at any time.
If you suspect that anyone else knows your user log-in or password, you must promptly notify us at [email protected]. You can also use this email address if you have problems with logging in or access.
Links to and from other websites
Any links to third-party websites on this Website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third-party websites or their content. We do not endorse the third-party websites or make representations about them or any material contained in them. If you choose to access a third-party website linked to from this Website, it is at your own risk. We will not be liable for any loss or damage that may arise from your use of them.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed to by us in writing;
you do not misrepresent your relationship with us or present any false information about us;
you do not link from a website that is not owned by you; and
your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
If you choose to link to our Website in breach of Paragraph 7.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
Warranties and Disclaimer and exclusion of liability – please read carefully
Our Website is made available free of charge. We take reasonable steps to ensure that the information on this Website is correct at the time of first publishing. However, we do not guarantee the correctness or completeness of material on this Website or the absence of inaccuracies, omissions or typographical errors. We may make changes to the material on this Website at any time and without notice, including corrections. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up-to-date. We are not liable to send you notice of any changes or corrections made.
The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which but for this Agreement may have effect in relation to this Website.
All information and services are provided “as is” without warranty or condition of any kind. We disclaim all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Any information on the Website in many cases will be an abbreviated and simplified summary for general use or general guidance only, and is not a substitute for taking specific advice on your own situation from an appropriate expert. Before taking, or refraining from, any action on the basis of the content of our Website, you must obtain suitable advice from a professional or specialist.
You use the Website at your own risk – neither we, nor our agents, employees and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the Website (whether this Agreement or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website) shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Website. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect or consequential loss, and whether in tort, contract or otherwise in connection with this Website.
We shall have no liability to any users for loss (whether in contract, tort (including without limitation negligence), breach of statutory duty or otherwise, and whether foreseeable or not) relating to:
use of, or inability to use, our Website; or
use of, or reliance on, the contents of our Website.
We will not be liable to you for:
lost profit or turnover;
interruption or disruption of your business;
your failure to make anticipated savings;
lost business opportunities or damage to your goodwill or reputation; or
indirect or consequential losses.
We shall have no liability to you for any losses caused by a distributed denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data that may damage your computer system, software and data from your use of our Website or your downloading of any content on it, or on any website linked to it.
Nothing in this Agreement shall exclude or limit liability for: (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.
You warrant and represent to us that:
you are legally capable of entering into binding contracts;
you have full authority, power and capacity to agree to this Agreement; and
all the information that you provide to us true, accurate, complete and non-misleading.
Our aggregate liability to you in respect of any contract to purchase memberships or products from us shall not exceed the total amount paid and payable to us under the particular contract giving rise to the breach.
Your Membership/Subscription
To become a TBA member or associate subscriber, you must pay the applicable fees, recurring or annual, via the “Join Us” page, using a debit or credit card. We will send you an acknowledgement of your order. If your application is accepted, we will send you a membership/subscriber pack through the post/email and we will email you a password so you can log into the members’/associates’ area of the Website.
You will have the opportunity to identify and correct errors in your membership information by logging in and visiting the account page on the Website.
For so long as your membership/subscription remains active in accordance with this Agreement, you will benefit from the features specified on our Website in relation to your membership/subscription type.
We may from time to time vary the benefits associated with membership and subscriptions.
At the end of any period of annual membership/subscription, and subject to the other provisions of this Agreement, we will remind you that your membership/subscription is due for renewal. If you re-new with us (and we hope you will), your renewed membership/subscription will automatically start from the date your old membership/subscription expired. If you have selected a recurring payment, your membership/subscription will be automatically renewed and you must pay to us the applicable fees, unless you cancel your membership/subscription on no less than 30 days’ notice before the date of renewal by contacting us here.
Membership/Subscription Fees and cancellation
The membership fees will be as set out on the Website from time to time.
All amounts stated in this Agreement or on our website are stated inclusive of VAT.
We may vary our membership/subscription fees from time to time by posting new fees on our Website, but this will not affect fees for memberships/subscriptions that have been previously paid.
If you dispute any payment made to us, you must contact us immediately and provide full details.
We may cancel your membership/subscription by written notice to you if:
you cease to trade;
you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
We may cancel your membership/subscription or use of the Website if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
You may cancel your membership/subscription at any time by giving us no less than 30 days written notice. You can contact us here. Except as set out elsewhere, we do not refund any cancelled membership/subscription fees.
Website Purchases
Please see Schedule One to understand how we contract with each other when you purchase items from the Website
Donations made via the Website
We are a charity and we rely on your support. If you have any queries about making a donation and wish to speak to us, please contact us and we’ll do our very best to help. You can donate here. We are not able to refund donations.
Miscellaneous
Variation
We may revise this Agreement from time to time by publishing a new version on our Website.
A revision of this Agreement will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under this Agreement.
No waivers
No breach of any provision of this Agreement will be waived except with the express written consent of the party not in breach.
Severability
If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of this Agreement would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
This Agreement is not intended to benefit or be enforceable by any third party.
Entire agreement
This Agreement, together with its schedules and our privacy policy shall constitute the entire agreement between you and us and shall supersede all previous agreements.
Law and jurisdiction
This Agreement shall be governed by and construed in accordance with English law and any disputes shall be subject to the exclusive jurisdiction of the courts of England.
Statutory and regulatory disclosures
Our VAT number is 334026687.
Version: As above
SCHEDULE ONE: WEBSITE PURCHASE TERMS
Introduction
These terms and conditions are in addition to the Agreement above if you purchase Products through our Website. You will be asked to give your express agreement to these Purchase Terms before you place an order on our website. In the event that there is a contradiction between the Website and Membership/Subscription Terms and Website Purchase Terms, the Website Purchase Terms will prevail.
This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015). However, given the nature of our organisation, we consider that you are purchasing in the context of your profession, occupation or trade and not as a consumer.
Order process
No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 2.
To enter into a contract through our Website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; you must select your preferred method of delivery and confirm your order and your consent to these Website Purchase Terms; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
Products
We may periodically change the products available on our Website, and we do not undertake to continue to supply any particular product or type of product.
Prices
Our prices are quoted on our Website. We will from time to time change the prices quoted on our Website, but this will not affect contracts that have previously come into force. All amounts stated are stated inclusive of VAT.
It is possible that prices on the Website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
Payments
You must, during the checkout process, pay the prices of the products you order. Payments may be made by any of the permitted methods specified on our Website from time to time.
If you fail to pay to us any amount due, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
Deliveries
We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.
We will only deliver products to addresses on the UK mainland.
Risk and ownership
The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
Ownership of a product that you purchase from us will pass to you upon the later of:
delivery of the product; and
receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
Warranties and representations
We warrant to you that:
we have the right to sell the products that you buy;
the products we sell to you are sold free from any charge or encumbrance, except as specified;
you shall enjoy quiet possession of the products you buy, except as specified;
the products you buy will correspond to any description published on our Website; and
the products you buy will be of satisfactory quality.
To the maximum extent permitted by applicable law and subject to Section 8 of the Website and Membership/Subscription Terms, all other warranties and representations are expressly excluded.
Scope
The Website Purchase Terms shall not constitute or effect any assignment or licence of any intellectual property rights.
The Website Purchase Terms shall not govern the licensing of works (including software and literary works) comprised or stored in products.
The Website Purchase Terms shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
Statutory and regulatory disclosures
We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.