FUTURITY EVALUATIONS
FOR YOUNG SPORT HORSES & PONIES
Baileys Horse Feeds - Sponsors of British Breeding Futurity
 
 
 

Website and Entry Terms & Conditions 2017

Access to and use of the Futurity Website (the "Website") constitutes your acceptance of these Terms and Conditions, which take effect immediately on your first use of the Website. We, British Breeding, reserve the right to change these Terms and Conditions at any time by posting changes on the Website. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your use of the Website and Entry to Futurity Events following such changes shall be deemed to constitute your acceptance of such changes. Capitalised words used in these Terms and Conditions are defined in the "Definitions" section below.
 
1. Supply of the Website
1.1.British Breeding operates the Website to enable on-line entries to be made to Futurity Events, and to publicise the results from such events, as well as to allow information relating to our work and initiatives to be freely available.
1.2.British Breeding uses its best efforts to ensure the accuracy and reliability of information provided, however, no guarantees are given that the information contained within the Website, associated with the Website or linked to the Website is accurate, complete or current.
1.3.We reserve the right to change Website content at any time and without notice. Any information appearing on this Website is issued as general information and is not warranted by British Breeding or any other associated sports or government body, nor should it be taken as advice. No responsibility can be accepted by British Breeding or any other associated sports or governing body for any act or omission resulting from the use of information or services contained within this Website.
1.4.In order to make on-line entries to Futurity Events you will be required to apply to be a Registered User. In order to complete the registration process you will be required to provide us with accurate and complete information about your real name, your contact details and a valid email address, which you will need to keep up-to-date.
1.5.Your personal data will be stored and used by British Breeding staff to manage your Futurity entries. The results of the Futurity will be published by British Breeding and may also be passed on to the British Equestrian Federation (BEF) and published on the BEF’s website. In the event that you enter a horse(s) for the Futurity you will be required to confirm your consent to such processing and publication of your personal data by British Breeding and/or BEF.
1.6.Personal details may be included in the catalogue of entries for each Futurity Event and in the results published on the Website and in the magazine “British Breeding” and the registration by you of your horse for a Futurity Event shall constitute consent by you to the inclusion of such personal details.
 
2.Intellectual Property
2.1.British Breeding owns all the intellectual property rights relating to the Website, including but not limited to its design, imagery, graphics, text and dynamic content. It may not be reproduced in part or whole without the express written permission of British Breeding.
2.2.You may not copy anything on the site without the express written permission of British Breeding. You are granted the right only to view the site and print material from it.
2.3.The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material is protected by copyrights, trademarks and/or other proprietary rights. It includes both content owned or controlled by British Breeding and content owned or controlled by third parties and licensed to British Breeding. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website.
2.4.You may not use any of British Breeding’s trademarks or trade names without British Breeding’s prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
2.5.You agree to notify British Breeding in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
 
3.Links to and From the Website
3.1. Websites or pages to which the Website is linked are for information only and have not been reviewed by British Breeding. British Breeding has no responsibility for the content of the Websites or pages linked or linking to this Website, British Breeding accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked Websites.
 
4.Licence And Download Rights
4.1.You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
4.2.Download is permitted by British Breeding provided only that: (i) you make no more than one printed copy of such download and no further copies of such printed copy are made; (ii) you make only personal, non-commercial use of such download and/or printed copy; and (iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
4.3.Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another Website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database Websites containing all or part of the Website.
4.4.Permissions If you would like information about obtaining British Breeding's permission to use any of the Content, please email futurity@britishbreeding.org
 
5.Futurity Entries
5.1Entries to Futurity Events may only be made using the on-line facility on the Website.
5.2British Breeding reserves the right to decline any entry at its absolute discretion and shall not be obliged to give any reason for the exercise of that discretion or to provide any compensation for any loss direct or indirect which may arise therefrom.
5.3Each entry made is with reference to a specified horse in that horse’s name. Substitutions may be permitted at the sole discretion of British Breeding and if permitted must be submitted on line by you.
 
6.Charges
6.1Where Services available to you through the Website are available to you only upon payment of a charge, you shall pay our charges for using the Service as detailed on the Website.
6.2We shall be entitled to vary our charges from time to time which variations shall apply from the next occasion upon which you use the Services or, in the case of charges for entry into a Futurity event, from the next such entry.
6.3You shall pay the charges to us in full prior to using the Services for which you have paid. We accept payment for Futurity entries only via our secure on-line facility operated by PayPal, where you have the option of paying either through PayPal or by credit card or debit card. We may employ other organisations to process credit or debit card payments. These organisations will have access to the personal data provided by you which is needed to perform their functions and not for any other purposes. They are bound by confidentiality agreements not to disclose any information for any other purpose. You authorise us to commence providing the Services as soon as payment is made by you.
 
7.Cancellations
7.1In the event that you submit an entry to a Futurity Event otherwise than in the course of your business or profession, the Distance Selling Regulations give you the right to cancel for a period of 7 working days following the date of the Agreement, provided that in the meantime the entry in question has not participated in an evaluation. You may exercise this cancellation right and obtain a full refund from us by doing any of the following:
• by leaving a notice addressed to us at our address as last known to you, in which case notice shall have been deemed to have been given on the day on which it was left at such address;
• by posting the notice to us at our address as last known to you, in which case notice shall have been deemed to have been given on the day it was posted, or
• by faxing or emailing the notice to us at our fax number or email address as last known to you, in which case notice shall have been deemed to have been given on the day it was sent.
7.2Subject to 7.1, cancellation shall only be permitted in the following circumstances and in any case at the latest by 31 August each year:
• submission of proof of the death of the horse which was the subject of the entry after the date of entry;
• submission of veterinary certification that the horse which was the subject of the entry is unable to take part in the Futurity Event for veterinary reasons; and in either event a payment of a £5 administration fee shall be retained by British Breeding from the entry fee.
7.3If you have exercised your right to cancel, then we request that you retain some evidence of having delivered, posted, faxed or email such notice to us.
 
8.Warranties and Liability Disclaimer - Important Please Read
8.1.We cannot and do not guarantee that the Website will be accessible at any given time.
8.2.WE PROVIDE THE WEBSITE ON AN "AS IS" BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR ITS OPERATION OR CONTENT.
8.3WE DO NOT REPRESENT OR WARRANT THAT INFORMATION AVAILABLE ON THE WEBSITE IS ACCURATE, CURRENT OR COMPLETE AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LAW.
8.4.WE SHALL NOT BE LIABLE TO YOU OR BE DEEMED TO BE IN BREACH OF ANY AGREEMENT BY REASON OF ANY DELAY IN PERFORMING, OR ANY FAILURE TO PERFORM, ANY OBLIGATION IF THE DELAY OR FAILURE WAS DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL.
8.5EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THAT OF OUR CONTRACTORS OR VOLUNTEERS OR DATA SUPPLIERS AND EXCEPT IN THE CASE OF FRAUDULENT MISREPRESENTATION:
8.5.1.IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY, IN ANY MANNER (INCLUDING NEGLIGENCE) FOR LOSS OR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM YOUR OR YOUR HORSES OR YOUR CONNECTIONS OR AFFILIATES PARTICIPATION IN OR ATTENDANCE AT A FUTURITY EVENT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED PROPERTY OR DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, OR PARTICIPATION IN OR ATTENDANCE AT A FUTURITY EVENT EVEN IF BRITISH BREEDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE WEBSITE YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES, CONTENT, GOODS OR SERVICES AVAILABLE THROUGH THE WEBSITE; AND
8.5.2.WITHOUT LIMITING THE EFFECT OF CLAUSE 8.5.1, YOU AGREE THAT IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID US FOR ANY GOODS OR SERVICES PURCHASED FROM US.
 
9.Privacy Policy AND Futurity Event Terms and Conditions
  You agree that you have read our Privacy Policy and Futurity Event Terms and Conditions and that you agree to their terms.
 
10.Termination
10.1We shall (without limiting any other remedy) be entitled to terminate any Agreement by giving you notice if you commit any breach of these Terms and Conditions and/or the Futurity Event Terms and Conditions.
10.2Either party is entitled to terminate any Agreement if the other goes into liquidation, becomes bankrupt, has a receiver appointed, makes a composition or voluntary arrangement with its creditors or enters administration, or a moratorium comes into force in respect of the other (within the meaning of the Insolvency Act 1986).
 
11.General
11.1These Terms and Conditions (together with the Privacy Policy and Futurity Event Terms and Conditions) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
11.2A notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to the other party via their email address or at their registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
11.3No failure or delay by either party in exercising any of its rights under any Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of any Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.4If any provision of these Terms and Conditions or Futurity Event Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and Futurity Event Terms and Conditions and the remainder of the provision in question shall not be affected.
 
12.Language Applicable law and Jurisdiction
 The language applicable to these Terms and Conditions is English. English law shall apply to these Terms and Conditions and you and we submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise from or in relation to them.
 
13.Definitions
 “Agreement” means any agreement under which the Services may be supplied to you;
“Futurity Event” means a British Breeding Futurity evaluation;
“Futurity Event Terms and Conditions” means our Futurity Event Terms and Conditions which appear on the Futurity Website and which may be accessed here
“horse” means an equine and without prejudice to the generality of the foregoing includes horses, ponies and foals;
"Personal Data" means personal data as defined in the Data Protection Act 1998 as amended or replaced from time to time;
"Privacy Policy" means our privacy policy which appears on the Futurity Website and which may be accessed here[ insert hyperlink].
“Registered User” means a person who has registered with British Breeding to use the Website and/or enter a Futurity Event;
“Services” means any service obtained by you from us and/or via the Website including, but not limited to entry to a Futurity Event;
"We, us or our" means British Breeding a company limited by guarantee (company number 03830047) whose registered office principal place of business and address for service is at Abbey Park, Stareton, Kenilworth, Warwickshire, CV8 2RH;
"You or your" means any person or entity visiting the Website or entering a horse in a Futurity Event.