TREO EILE TERMS AND CONDITIONS OF REGISTRATION AND ADVERTISING/SOURCING OF HORSES

These terms (together with our Privacy Policy) give you information about us and are the legal terms and conditions upon which we have agreed to provide you with access to register your horse, browsing or the ability to view the advertising for thoroughbred horses, and registration for a free account which will allow you to upload a registration and/or advert to www.treoeile.com provided through our website to you. These Terms and our Privacy Policy apply to anyone who accesses or uses our site.

Please therefore read these Terms carefully and make sure that you understand them, before using any of the Services. Please note that before accessing the Services you will be explicitly asked to agree to these Terms. If you refuse to accept these Terms, you will not be permitted to access the Services through our sites.

We reserve the right to amend these Terms from time to time as set out in clause 6. Every time you wish to make use of the Service, please check these Terms to ensure you understand the terms which will apply at that time. Any changes to these Terms or our Privacy Policy shall be notified on our site and any continued use of our site means any such user shall be deemed to have read, understood and agreed to be bound by the then prevailing Terms and Privacy Policy.

THE TREO EILE WEBSITE

Treo Eile acts as a venue to register your thoroughbred and also allows users to sell and buy a thoroughbred. We are not involved in transactions between buyers and sellers. As a result, we have no control over the truth or accuracy of the horse listings, the ability of sellers to sell or the ability of buyers to buy. Do not assume that the sale, purchase, export or import of any horse is valid and legal simply because it is listed on our website. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you. Treo Eile cannot be held responsible for buyers purchasing thoroughbreds that are unsuitable for the capability of the purchaser. Buyers buy at their own risk and must take the appropriate professional advice prior to purchasing.

Treo Eile cannot and does not confirm the purported identity of users or the validity of the information which users post to our website.

In the event that you have any right, claim or action against any other user arising from that user’s use of our website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Treo Eile from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

We do not control the information provided by other users which is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.

We accept no responsibility for keeping the information on this site up to date or complete, nor do we accept any liability for any failure to do so. It is solely your responsibility to evaluate the accuracy, completeness, quality and usefulness of all advertisements, registrations and other information provided through the site or on the internet generally.

If you are a seller, you must ensure that you are legally able to sell the thoroughbred described.

You acknowledge that we will commence supplying our services to you as soon as you have pressed the “Submit” button and therefore sent the registration/advert to us.

You agree to use the site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit the use or enjoyment of this website by any third party.

All photographs used on the web site must have the prior consent of the photographer. The seller is responsible for gaining any photographers approval prior to uploading photographs to the web site. Treo Eile cannot be held responsible for any issues arising due to copyright protection on photographs.

If you register for a User ID to enable you to amend or change your registration/advert you are responsible for all actions taken under that User ID. It is your responsibility to keep your User ID safe. You have no right to disclose or transfer your User ID to any other person.

Your User ID and password details are personal to you and may not be used by anyone else to access the site.

You will not permit or allow any third party to make use of your User ID and password to access the site.

You will not impersonate another user; interfere with the operation of the site; shall make us immediately aware of any unauthorised use of your personal details by others.

We have the right to temporarily or permanently disable, suspend or restrict without limitation any password, name, mobile phone number, IP address or other method that we may allow to be used on the Website from time to time to identify users, at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of the Terms or the Privacy Policy.

“Your Information” is defined as any information you provide to us or other users in relation to the Treo Eile service (including, without limitation, any description of thoroughbreds listed). You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

1 ADVERTISEMENT CONTENTS

1.1. Contents are only for general information.

1.2. The Treo Eile website is updated regularly. However, we hereby exclude any warranties as to the quality, accuracy, completeness, performance, fitness for a particular purpose of the Site or any of its contents.

1.3. Treo Eile and its owners will not be liable for any damages without limitation, damages for any consequential loss or loss of business opportunities or loss of profits; However, arising from the use of or inability to use the Treo Eile site, or any of its contents, or from any action or omission taken as a result of using the Site or any of its contents.

1.4. This site contains material in the form of Thoroughbred horse registrations/advertisements submitted by third party and we accept no responsibility for the content or accuracy of such registrations and advertisements, nor do we make any guarantee of the contents of this site in respect of the existence or availability of thoroughbred horse advertised whatsoever.

1.5. We make no warranty that the contents of the Site are free from infection or viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.

1.6. Where part of the Site contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with all legal requirements. Although acceptance of advertisements on the Site is subject to our discretion, we do not accept liability in respect of any advertisements.

1.7. All standard adverts and registrations are for one horse, and no substitutions are allowed. Treo Eile will disallow substitute adverts.

1.8. All liability is excluded to the extent permitted by law including any implied terms.

2 PHOTOGRAPHS/VIDEOS

2.1. ALL photographs/videos used on the web site MUST have the prior consent of the photographer/videographer. The seller is responsible for gaining any photographers/videographers approval prior to uploading photographs/videos to the web site. Troe Eile cannot be held responsible for any issues arising due to copyright protection on photographs/videos. Photographs/videos under dispute will be removed.

3 WEBSITE LINKS

3.1. Treo Eile accepts links to third part web sites that provide performance records for the horse registered or advertised.

3.4. You should note that certain links on the site lead to resources located on servers maintained by third parties over whom we have no control and accordingly we accept no responsibility or liability for any of the material contained on those servers or third party sites.

4 REFUSAL OF REGISTRATION/ADVERTISEMENTS

4.1 Treo Eile accepts registrations/advertisements at its own discretion. Treo Eile has a right to reject any horse registration/advertisement if it does not comply with the terms and conditions of advertising. Treo Eile does not have to justify its reasoning for the rejection of any registration/advertisement.

4.2 If a user is stopped from advertising on the web site for whatever reason (which Treo Eile does not have to justify), they will receive notification of this in an email or by letter. The advertiser must then not submit advertisements to Treo Eile, this includes advertisements submitted from their companies or businesses, companies or business associated to them or any person submitting adverts on their behalf. If after notification of Treo Eile decision to no longer allow their advertisements, any advertisements submitted to Treo Eile which are submitted from them, their companies or businesses, or any person submitting advertisements on their behalf will be dealt with as follows.

4.3 If the advertisement is processed and it then comes to light that the advertisement is related to or has been submitted on behalf of the banned advertiser, the advertisement will be immediately withdrawn.

4.4. Treo Eile reserves the right to remove any disputed advert involving but not exclusive to gardai and or trading standards investigations.

4.5. If an advertiser does not comply with Treo Eile Terms and Conditions of Advertising Treo Eile will withdraw any advertisers advert from the web site without warning.

4.6. All standard adverts are for one horse only and no substitutions are allowed. Treo Eile will disallow substitute adverts.

5 TRADE ADVERTISING

5.1 If you are a trader acting in the course of your business, you are not permitted to place any advert as a private advert and/or otherwise pass yourself off as a private seller. Customers should be able to tell whether an advert relates to a sale by a trade or private seller. It is the responsibility of the advertiser to make it clear you are a trader acting in the course of your business.

5.2 We may, in our sole discretion, remove any advert that has been placed as private which we reasonably believe has been placed by a trader acting in the course of a business.

6 DATA PROTECTION

6.1 In accordance with the General Data Protection Regulation and the Data Protection Acts 1988 to 2018 (“Data Protection Law”), non-registered and registered users of our sites can request we delete any personal data we hold. In some instances, we may be unable to delete your data if we are required to retain it to comply with our legal obligations (including requests from law enforcement agencies).

6.2 You can learn more about your right to data deletion and how long we retain data for by reading our Privacy Policy.

7 CONTACT FROM US

7.1 In the course of providing you services and in respect of your use of the site, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your registration/advertisement and necessary for the normal functioning of the site, including emails which help inform users about functionality of the site.

8 PRIVACY POLICY

8.1 Your privacy is important to us. Please review our Privacy Policy to see how we collect, protect, process and use your personal data.

Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy or cookie policies of these other websites.

9 GOVERNING LAW AND JURISDICTION

9.1 These Terms, and any non-contractual obligations arising out of or in connection with the Terms are governed by, and shall be construed in accordance with, Irish law, and the courts of Ireland shall have exclusive jurisdiction to hear, settle and determine any dispute which may arise out of or in connection with the Terms.

10 Severability

10.1 If the whole or any part of a provision of the Terms is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect the legality, validity or enforceability under the law of that jurisdiction of the remainder of the provision in question or any other provision of the Terms and the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of the Terms.