WEBSITE TERMS OF USE

These terms and conditions form a contract between the person accessing this Website ("you") and the owner of this Website, Winners For Sale Limited of Auckland, New Zealand ("Winners For Sale"). If you have any questions about these terms, please contact us. By accessing and browsing this Website, you agree to be bound by these terms of use.

General

In these terms of use:

"Bloodstock Agent" means an independent contractor who uses Winners For Sale to promote and sell bloodstock through this Website. Bloodstock Agents can be used at the discretion of the buyer or seller but it is up to the parties to arrange fees. WFS do not charge commission.

"Listing" means a listing on this Website;

"Vendor" means, in respect of any Listing, the person who owns the horse set out in that Listing, as disclosed in that Listing; and

"Website" means this winnersforsale.com website, including all pages and content on this Website.

This Website is intended to be used as a facility for buyers and sellers of thoroughbreds to be brought together. Winners For Sale does not employ Bloodstock Agents but rather allows Bloodstock Agents to liaise between Vendors and potential purchasers if required.

This Website is an advertising portal and it does not sydicate or sell its own horses.

Access and Use

Your access and use of this Website, and the information contained on this Website, must only be for the purposes contemplated by this Website.

You must not attempt to change any information or content appearing on this Website, or attempt to introduce any virus to, or adversely affect the performance of, this Website. You must not attempt to interfere with any network or equipment on which this Website is hosted or operated.

Sale Transactions

You acknowledge that Winners For Sale receives set fees from Vendors in respect of:

1. Listings requested by Vendors.

You are not required to pay any fees to Winners For Sale , unless you are the Vendor.

Any transaction undertaken by you through this Website or via a Bloodstock Agent is undertaken at your own risk. Winners For Sale does not warrant, represent or otherwise make any claim as to:

1. the ownership, description, quality, value (including commercial value) or legitimacy of any horse;
2. the identity of any Vendor; or
3. the right of any Vendor to sell any horse.

Any sale and purchase transactions relating to bloodstock carried out through this Website will be in accordance with the Website Sale Terms.

No warranties are given, or representations made, by Winners For Sale in respect of any bloodstock. Any warranties given by the Vendor in respect of any horse will be set out in the relevant Listing or otherwise as provided by the Vendor.

Information and Intellectual Property

All information contained on this Website:

1. remains the property of Winners For Sale;
2. may not be copied or reproduced (in any form) without Winners For Sale’s express written permission;
3. is provided on an "as is" basis,

and you must make your own investigations into any matter arising from such information before relying upon it. Winners For Sale will not be liable for any reliance you place on any information contained on this Website.

You may print out and retain copies of information contained in those parts of this Website which are explicitly stated to be printable (but in doing so you do not obtain any additional rights to that information).

Winners For Sale owns, or is authorised to use, all intellectual property rights in all information and content contained in and relating to this Website (including the Winners For Sale name, brands and logos).

No Warranties or Liability

Winners For Sale excludes (to the maximum extent permitted by law) all express or implied warranties, representations or guarantees as to the content of, and services provided through, this Website.

Winners For Sale will not be liable to you or to anyone else for:

1. any error, mis-description or inaccuracy appearing on this Website;
2. any loss, damage, cost or expense suffered or incurred by you in accessing and using this Website (including any direct or any indirect, consequential or special loss, damage, cost or expense (including loss of profit or loss of opportunity) which may be suffered by you in accessing or using this Website;
3. any inability of you or any other person to be able to access, update or perform any services through this Website.

To the extent that any links are provided on this Website to any external Websites, Winners For Sale does not make any representations as to the accuracy of any information contained on those external Websites and will not be responsible for your use of those external Websites. Winners For Sale does not endorse any external Websites.

Privacy

To the extent that Winners For Sale collects any personal information about you through this Website, Winners For Sale will use that information for the purpose for which it was acquired only.

You are entitled to access and correct any personal information relating to you which is held by Winners For Sale.

General

Any dispute arising under these terms of use or otherwise in relation to the access and use of this Website will be governed by New Zealand law and will be dealt with by the New Zealand courts.

Winners For Sale may from time to time amend these terms of use. Any such amendments will come into force immediately upon their publication on this page. These terms of use were last updated on 15th May 2007.