THOROUGHBID LIMITED

Terms and Conditions for Users of ThoroughBid's Services (these "Terms and Conditions")

  1. The Status of ThoroughBid's Services and these Terms and Conditions 
    1. Please note that these Terms and Conditions use the defined terms and rules of interpretation set out at Clause 2 below. 
    2. ThoroughBid Limited is a company registered in England and Wales under company number 12744662 with its registered office at Ampney Knowle Farm, Barnsley, Cirencester, Gloucestershire, GL7 5ED ("ThoroughBid").  ThoroughBid's VAT number is 357845652.  
    3. This is a legal document which sets out the Terms and Conditions between you, a particular User of ThoroughBid's Services (referred to as “you” or “your” in this document), and ThoroughBid in relation to your use of ThoroughBid's Services.  
    4. Please read these Terms and Conditions carefully.  By accessing or using the Platform or Services (or enabling anyone else to do so), you are agreeing to these Terms and Conditions.  ThoroughBid draws your attention in particular to ThoroughBid's limitations on Liability under Clause 18.  
    5. These Terms and Conditions relate to Services provided by ThoroughBid that facilitate the sale and purchase of horses and which ThoroughBid makes exclusively available to people involved in the equine industry.  
    6. These Terms and Conditions reflect the relationship between Users of the Services and ThoroughBid.  Before making use of the Services, you should also read the Terms of Sale set out at Schedule 1 (as may be updated from time to time in accordance with Clause 2.1.41).  You acknowledge and agree that you will enter into a binding contract with another User when you buy or sell a horse using the Services pursuant to Clauses 7.1 or 7.2. ThoroughBid is not a party to any relationship entered into between Users when they buy and sell horses using the Services. ThoroughBid will not be a party to any arrangements or agreements made between Users and all such arrangements and agreements are subject to the applicable terms and conditions forming the basis of the contract between the Buyer and the Seller. 
    7. ThoroughBid only makes available a Platform that provides intermediary services for the benefit of ThoroughBid's Users (except that ThoroughBid may act as your agent solely in the limited circumstances described at Clause 7.13 or where ThoroughBid invoices the Buyer for the Purchase Price and any Seller's Boarding Fees on behalf of the Seller).
    8. Please note that each Auction which takes place via the Services is subject to a Reserve Price as specified in the applicable Catalogue.  The Seller reserves the right, either itself or through any one other person on its behalf (and not any other person), to submit a Bid for their Lot, subject always to the General Rules.
    9. ThoroughBid takes no responsibility for any information that is contained in a Lot's Listing Page and the Seller is responsible for the accuracy and lawfulness of all of the information about the Lot which is contained in its Listing Page.  Subject to Clause 18.2, ThoroughBid shall have no Liability to any third party in relation to any information about a Lot which is contained in the applicable Catalogue. 
    10. These Terms and Conditions were most recently updated on 01.03.2023.  ThoroughBid may amend these Terms and Conditions from time to time as set out in Clause 2.3.  Every time you wish to make use of the Website or Services, please ensure you have read and understood the current version of the Terms and Conditions that is in force.
    11. You are advised to print and keep a copy of these Terms and Conditions and each amended version for your own records and future reference.
    12. Before participating in any Auction held via the Services, or making a private offer in accordance with Clause 7.2, ThoroughBid advises that you read carefully the Purchaser Guide made available by ThoroughBid and the information contained in the applicable Catalogue. 
  2. Defined terms and interpretation
    1. In these Terms and Conditions, unless the context otherwise requires:
      1. "Auction" means an auction taking place on the Platform through which Users take part in a competition by placing a bid or bids in order to have the highest unique bid to buy the Lot that is the subject of that auction;
      2. "Auction Commencement Date" means the date falling six days from the applicable Catalogue Launch Date or such other date as may be stated in the Catalogue, and from which date the Lots described in the applicable Catalogue will each be subject to an individual Auction that takes place via the Platform;
      3. "Bid" means a bid at a price which a bidder intends to pay for the particular Lot which is the subject of the auction if that bidder is successful in winning the auction;
      4. "Bidder" means a User when they place a Bid for a Lot;
      5. "Business Day" means any day other than (i) a Saturday, (ii) a Sunday or (iii) a day which is a bank holiday in England as set out from time to time at https://www.gov.uk/bank-holidays;
      6. "Buyer" means a User that is deemed to enter into a contract with the Seller for the purchase of the Lot in accordance with Clauses 7.1 or 7.2;
      7. "Buyer Commission Fee" means the amount payable by the Buyer to ThoroughBid upon the Buyer's entry into a contract with the Seller for the sale and purchase of a Lot in accordance with Clauses 7.1 or 7.2, and which fee shall be the applicable percentage, as set out in the Purchaser Guide, of either: (i) where the contract is entered into between Users pursuant to Clause 7.1, the amount of the Bid that was submitted by the Buyer; or (ii) for the purposes of a contract entered into between Users pursuant to Clause 7.2, the amount of the Buyer's offer for the purchase of the applicable Lot that was accepted by the Seller;  
      8. "Catalogue" means a catalogue made available by ThoroughBid at the Website which contains the details of Lots that will each be the subject of an Auction starting on the applicable Auction Commencement Date; 
      9. "Catalogue Information" means the Initial Catalogue Information, together with any further information or materials about the Lot provided to ThoroughBid in accordance with Clauses 4.2 or 4.4;
      10. "Catalogue Launch Date" means the date on which a Catalogue is first made available by ThoroughBid via the Website;
      11. "Collection Deadline" means the applicable deadline by which the Buyer must collect the Lot which shall either be: (i) the deadline stipulated at Clause 7.3.5; or (ii) the deadline stipulated at paragraph 10.6(b)(ii) of the Terms of Sale;
      12. "Commencement Date" means the date on which you agree to these Terms and Conditions when submitting your details to become a User or first make use of the Platform or Services (whichever is the earliest);
      13. "Complaint" has the meaning set out at paragraph 9.1 of the Terms of Sale;
      14. "Entry Fee" means the applicable fee payable by you to ThoroughBid for providing you with the opportunity for your Lot to be catalogued ahead of an Auction as set out on the Entry Form;
      15. "Entry Form" means the form made available on the Platform which a User needs to complete in order to submit a Lot to be auctioned via the Platform in accordance with Clause 4.1;
      16. "Fall of Hammer" means the moment at which an Auction closes for a particular Lot and no further Bids can be made for that Lot;
      17. "Fees" means the fees payable to ThoroughBid under these Terms and Conditions, and as set out at Clause 12.1;
      18. "FX Facility" means the facililty to buy or sell in currencies other than Pounds Sterling provided by ThoroughBid through RVB Currency UK Limited, as set out in the Purchaser Guide at https://www.thoroughbid.co.uk/purchaser-guide;
      19. "General Rules" means the general rules for you making use of the Platform and your use of the Services as set out at Schedule 2 as updated by ThoroughBid from time to time by informing you of the relevant changes by email and making an updated copy of the updated general rules available on the Website;
      20. "Initial Catalogue Information" means the information about the Lot, as set out at Schedule 3, to be provided to ThoroughBid by a User when it completes the Entry Form; 
      21. "Intellectual Property Rights" means copyright and neighbouring and related rights, trade marks and service marks, trade names and domain names, rights under licences, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, patents, rights to inventions, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
      22. "Liability" means liability in or for breach of contract, tort, negligence, misrepresentation, restitution, breach of statutory duty or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to these Terms and Conditions shall be deemed to include any collateral contract); 
      23. "Listing Page" means one or more pages of information or materials relating to a Lot which are included in the applicable Catalogue in order to inform prospective Bidders about the Lot;
      24. "Lot" means a horse to be featured in a catalogue made available by ThoroughBid for sale via ThoroughBid's services;
      25. "Nominated Bank Account" means the bank account, in respect of which details are provided to ThoroughBid by a User when they enter a Lot into an Auction or such other bank account that the User subsequently provides to ThoroughBid;
      26. "Notice of Complaint" has the meaning set out at paragraph 8.1 of the Terms of Sale;
      27. "Off-Platform Private Sale" has the meaning set out Clause 8.1;
      28. "Payment Deadline" means the applicable deadline by which the Buyer must pay the Purchase Price and the applicable Buyer Commission Fee to ThoroughBid which shall either be: (i) the deadline stipulated at Clause 7.3.4; or (ii) the deadline stipulated at paragraph 10.6(b)(i) of the Terms of Sale;
      29. "Platform" means the online platform provided by ThoroughBid and accessible via ThoroughBid's website where users may place bids for a lot in an auction that has been submitted to ThoroughBid's platform by a seller, and through which a user may enter into a legally binding contract with another user for the sale and purchase of a horse in the circumstances described in Clauses 7.1 or 7.2;
      30. "Prohibited Substances" means any anabolic steroid and/or bisphosphonate and/or any corticosteroid and/or clenbuterol and/or any non-steroidal anti- inflammatory drugs or their metabolites. Anabolic steroid means an anabolic androgenic steroid, or a metabolite, an isomer, an isomer of the metabolite or a pro-drug of the substance. (See Vendor Guide for further information.)
      31. "Purchase Confirmation Form" means the form made available by ThoroughBid by email which must be completed by the Buyer in accordance with Clause 7.3.2(a), and by the Seller in accordance with Clause 9.1 if it wishes for its Lot to be "bought-in";
      32. "Purchase Price" means: (i) for the purposes of a contract entered into between Users pursuant to Clause 7.1, the amount of the highest Bid submitted in the applicable Auction, together with all applicable taxes on that amount payable by the Buyer; or (ii) for the purposes of a contract entered into between Users pursuant to Clause 7.2, the amount of the User's offer for the purchase of the applicable Lot that is accepted by the Seller, together with all applicable taxes on that amount payable by the Buyer;
      33. "Purchaser Guide" means the guide made available by ThoroughBid on the Platform under the "INFO" tab containing important information for prospective Bidders and Buyers, which can viewed at https://www.thoroughbid.co.uk/purchaser-guide;
      34. "Reserve Price" means a minimum price which the highest Bid for a Lot must meet or exceed in order for that Lot to be sold;
      35. "Seller" means a User when they sell or offer to sell a horse using the Platform;
      36. "Seller's Boarding Fee" means a fee of £75 per day;
      37. "Services" means the services provided by ThoroughBid which enable Users to take part in buying and selling Lots via the Platform, together with all related services provided by ThoroughBid from time to time (including Users' access to the Platform);
      38. "Sold With a Pre-Sale Veterinary Certificate" has the meaning set out at paragraph 2.1 of the Terms of Sale;
      39. "Sold With a Veterinary Certificate of Pregnancy" has the meaning set out at paragraph 2.1 of the Terms of Sale;
      40. "Sold With a Veterinary Certificate of Suitability for Breeding" has the meaning set out at paragraph 2.1 of the Terms of Sale;
      41. "Terms of Sale" means the terms set out at Schedule 1 as updated by ThoroughBid from time to time by informing you of the relevant changes by email or making an updated copy of the updated terms available on the Website;
      42. "ThoroughBid IPR" means the Intellectual Property Rights in the Platform, Website or Services, along with ThoroughBid's Catalogue IPR;
      43. "ThoroughBid Panel" means a panel comprising one or more veterinary surgeons appointed by ThoroughBid;
      44. ThoroughBid's Catalogue IPR means all Intellectual Property Rights in the Catalogues except for any Intellectual Property Rights that are licensed to ThoroughBid pursuant to Clause 16.1;
      45. "User" means any business or other person (which may be represented by an individual acting on their behalf) who has registered to use or access some or all of the Platform;
      46. "User Information" has the meaning set out at Clause 3.4;
      47. "User Material" means any information, data, documentation and other materials submitted by or on behalf of you to ThoroughBid in connection with your use of the Services (including any Catalogue Information or User Information); 
      48. "Vendor Commission Fee" means the amount payable by the Seller to ThoroughBid, or retained by ThoroughBid out of the Purchase Price, upon the Buyer's entry into a contract with the Seller for the sale and purchase of a Lot in accordance with Clauses 7.1 or 7.2, and which fee shall be the applicable percentage, as set out in the Vendor Guide or otherwise set out in these Terms and Conditions, of either: (i) where the contract is entered into between Users pursuant to Clause 7.1, the amount of the Bid that was submitted by the Buyer; or (ii) for the purposes of a contract entered into between Users pursuant to Clause 7.2, the amount of the Buyer's offer for the purchase of the applicable Lot that was accepted by the Seller;  
      49. "Vendor Guide" means the guide made available by ThoroughBid on the Platform under the "INFO" tab containing important information for prospective Sellers, which can be viewed at https://www.thoroughbid.co.uk/vendor-guide;
      50. "Veterinary Surgeon" means a fully licensed independent veterinary surgeon, registered with an internationally recognised Veterinary governing body;
      51. "Virus" means any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal data; and
      52. "Website" means ThoroughBid's website from time to time from which ThoroughBid provides the Platform, which is currently at www.thoroughbid.co.uk.
    2. In these Terms and Conditions:
      1. references to Clauses and Schedules are to the clauses of, and schedules to, these Terms and Conditions and references to paragraphs are to paragraphs of the relevant Schedule.  These Terms and Conditions include the Schedules;
      2. words importing a gender shall include the other gender and the neutral;
      3. references to persons and entities include individuals, bodies corporate, firms, partnerships or unincorporated associations;
      4. the singular includes the plural and vice versa;
      5. the headings are inserted for convenience only and shall not affect the interpretation or construction of these Terms and Conditions;
      6. references to "includes" or "including" or like words or expressions shall mean without limitation; 
      7. references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification); and
      8. references to "written" or in "writing" includes in electronic form.
    3. ThoroughBid reserves the right to amend these Terms and Conditions at any time by posting an amended version of these Terms and Conditions online on the Website, although ThoroughBid may also email you with the latest draft.  The amended version of ThoroughBid's Terms and Conditions will take effect in accordance with Clause 2.4.  ThoroughBid may introduce the changes with or without informing you, although where ThoroughBid reasonably considers the change to be significant, ThoroughBid shall endeavour to give at least 30 days warning of the changes.  However, in any event, you are responsible for regularly reviewing information posted online and the latest Terms and Conditions to obtain timely notice of all changes. 
    4. If ThoroughBid amends these Terms and Conditions pursuant to Clause 2.3, the amended version of these Terms and Conditions will apply to any Auction where the Auction Commencement Date applicable to that Auction falls at least five Business Days after the date upon which the amended version of these Terms and Conditions was first made available on the Website.  
    5. If you are a Seller and the version of the Terms and Conditions which will be applicable to your Auction in accordance with Clauses 2.3 and 2.4 changes after the date upon which you made your request to submit a Lot to be catalogued and auctioned in accordance with Clause 4.1, you may inform ThoroughBid in writing by email to salesoffice@thoroughbid.co.uk to be received by ThoroughBid at least two Business Days prior to the Auction Commencement Date applicable to that Auction if you do not wish to go ahead with submitting your Lot to Auction on the basis of the Terms and Conditions that will apply.  Where ThoroughBid receives such a written communication from you, ThoroughBid shall within such period of time as ThoroughBid considers to be reasonable:
      1. withdraw your Lot from the applicable Catalogue and from being auctioned; and 
      2. if you have already paid ThoroughBid the Entry Fee, return the Entry Fee to you.

        If ThoroughBid does not receive a written communication from you pursuant to this Clause 2.5, you will be deemed to have accepted the amended version of these Terms and Conditions applicable to your Auction.
    6. You shall not participate in any Auction as a Bidder or Buyer unless you accept the version of the Terms and Conditions which will apply to that Auction in accordance with Clause 2.4.  Any participation by you in an Auction will be deemed to constitute your acceptance of the version of the Terms and Conditions which apply to that Auction. 
    7. Subject to Clauses 2.3 and 2.4, no changes to these Terms and Conditions shall apply specifically between ThoroughBid and you unless there is express written agreement of both you and ThoroughBid.
    8. These Terms and Conditions shall apply to all use that you make of the Platform and Services. 
  3. Registering for use of ThoroughBid's Services
    1. You shall register as a User in order to be able to make use of the Platform and Services.  Please note that to use the Platform and Services you (and your representatives as applicable) if a human individual must be 18 years of age or over.  If you do not register as a User, you may only view Auctions and you shall not take part in any Auction. 
    2. ThoroughBid reserves the right to prevent you from using the Platform or the Services (or any part of them), and ThoroughBid reserves the right to decline a new registration, for any reason.  ThoroughBid or you may terminate your registration at any time by terminating your access to the Services in accordance with Clause 19.2.
    3. If you register as a User, you may make use of the Platform's functionality to submit Lots for Auction as a Seller or to submit Bids for Lots that are being auctioned. 
    4. To register as a User, you shall supply ThoroughBid with the following information relating to you or your representative: your or their name, date of birth, details of your business/employer (if applicable), address, email address, telephone number, billing address, desired username (which you may need to replace if your desired one is unavailable), password, contact details to be provided to another User when you have agreed to buy or sell a Lot to that other User through your use of the Services, Nominated Bank Account and such other details as ThoroughBid may require during the registration process ("User Information").  
    5. You shall use your own details and you shall ensure that you and your representatives do not impersonate another person or adopt a false identity.
    6. You shall not choose a password that can be readily guessed.  If you think that you may have allowed a third party to see or use your password other than with your permission, you shall inform ThoroughBid immediately.  You shall regularly change your password and in any event when ThoroughBid requires.
    7. You shall keep your password strictly confidential and secure and you shall immediately inform ThoroughBid if any unauthorised third party becomes aware of that password or if you become aware of any unauthorised use of your email address or password or there is any breach of security known to or suspected by you.  You agree that any person to whom your username or password is disclosed is authorised to act as your agent or representative for the purposes of using (and/or transacting via) the Platform, Services and Website.  Please note that you are entirely responsible if you do not maintain the confidentiality of your password.  You are also entirely responsible for bringing these Terms and Conditions to the attention of all persons who may access the Platform, Services or Website through your password or your internet connection.
    8. Following your submission of your User Information, ThoroughBid shall review that User Information and, provided that ThoroughBid is satisfied that you have submitted complete and accurate information, ThoroughBid shall send an email to the email address you have given, requiring you to follow the instructions in that email in order to be able to use the Platform and Services.  Until you have complied with the instructions in that email, you shall not use the Platform or Services.
  4. Submitting a Lot for Auction
    1. To request that a Lot be catalogued and auctioned by ThoroughBid via the Services, you shall submit to ThoroughBid all of the Initial Catalogue Information by filling in the Entry Form no later than 5pm three days prior to the applicable Catalogue Launch Date.  Once you have completed the Entry Form, ThoroughBid shall provide you by email with details for paying the applicable Entry Fee.  You shall pay the applicable Entry Fee to ThoroughBid promptly following your receipt of the email containing payment details. ThoroughBid shall be under no obligation to catalogue your Lot or submit your Lot to Auction unless the Entry Fee has been received in cleared funds by ThoroughBid prior to the Catalogue Launch Date.
    2. If, once you have completed the Entry Form, you wish to provide ThoroughBid with additional Catalogue Information (such as photos or videos) relating to the Lot for inclusion in the Listing Page, you may provide such additional Catalogue Information by uploading it to the Lot in the “My Entries” section of the Website no later than 9am on the Catalogue Launch Date.  ThoroughBid shall be entitled to decide in its absolute discretion whether it wishes to include such additional Catalogue Information or materials in the Listing Page.  Failure to provide approved photos and video as may be applicable by such time will result in the Lot not being included in the Catalogue or submitted to Auction, and ThoroughBid shall be entitled to retain any Entry Fee already paid by you. 
    3. When you submit your Lot for Auction via the Services, it shall be made subject to a Reserve Price, as set by ThoroughBid acting in its absolute discretion.
    4. In addition to providing the Initial Catalogue Information, in order for the Lot to be catalogued and auctioned via the Services, you shall also provide the applicable veterinary certificates in accordance with paragraph 2 of the Terms of Sale by uploading them in the “My Entries” section of the Website, by no later than 5pm on the third day before the applicable Auction Commencement Date.  Failure to provide such certificates as may be required by such time will result in the Lot not being included in the Catalogue or submitted to Auction, and ThoroughBid shall be entitled to retain any Entry Fee already paid by you. 
    5. ThoroughBid may choose whether or not to accept any request that you make for a Lot to be catalogued and auctioned by ThoroughBid via the Services pursuant to Clause 4.1 in ThoroughBid's absolute discretion.
    6. Once ThoroughBid is satisfied that you have provided all required Catalogue Information, and subject to Clauses 4.4 and 4.5, ThoroughBid shall compile the Catalogue Information into a Listing Page. 
    7. ThoroughBid may choose to obtain a pedigree catalogue page for the Lot from a pedigree provider, such as Arion Pedigrees Ltd, for inclusion in the Lot's Listing Page. 
    8. In relation to each Lot you submit to be auctioned via the Platform:
      1. you are responsible for the accuracy, content and legality of all Catalogue Information which you provide and any other information that is contained in your Lot's Listing Page (including, for the avoidance of doubt, any information that ThoroughBid obtains from a pedigree provider in accordance with Clause 4.7).  It is your responsibility to regularly check your Lot's Listing Page at reasonable intervals before the commencement of the Auction.  You shall inform ThoroughBid immediately by writing to salesoffice@thoroughbid.co.uk if you become aware of any inaccuracies, or anything that is unlawful, in the Catalogue Information that you have provided to ThoroughBid or in any other information comprised in your Lot's Listing Page.  If ThoroughBid becomes aware that any Catalogue Information which is supplied by you, or any other information comprised in the Lot's Listing Page, is unlawful or inaccurate, ThoroughBid may modify or remove such Catalogue Information as ThoroughBid in its absolute discretion sees fit;
      2. save as explicitly stated otherwise in these Terms and Conditions, you are responsible for all taxes (including penalties, late payment interest or charges) related to the sale by you of the Lot; and
      3. you shall ensure that you hold the legal right to sell the Lot, and that your submission of the Lot to be catalogued and auctioned via the Services does not infringe any third party rights or is unlawful in any way.
    9. If, by 9am on the applicable Catalogue Launch Date, ThoroughBid has received the applicable Entry Fee from you, then, subject to Clauses 4.11 and 4.13, ThoroughBid shall include the Lot in the applicable Catalogue and the Lot will be the subject of an Auction starting on the applicable Auction Commencement Date.  Typically, an Auction will be live for a period of three hours (subject to any extension in accordance with Clause 6.4) but ThoroughBid reserves the right to hold Auctions for a shorter or longer period in ThoroughBid's absolute discretion.  If ThoroughBid, in its absolute discretion, decides to hold an Auction for a period that is shorter or longer than three hours, ThoroughBid shall make known the duration of the Auction in the applicable Catalogue.
    10. ThoroughBid may, in its absolute discretion, choose to submit a new Lot to Auction notwithstanding that an Entry Form for the Lot has not been submitted by 5pm three days before the applicable Catalogue Launch Date. For the purposes of clarification, such a Lot shall be known as a “wildcard entry”. If you wish to submit a Lot to Auction later than 5pm three days before the applicable Catalogue Launch Date, please contact ThoroughBid at salesoffice@thoroughbid.co.uk and ThoroughBid shall inform you of the special terms which will apply in relation to the submission of your Lot which you must accept in order to be entitled to submit your Lot for Auction. ThoroughBid makes no guarantee to catalogue your Lot unless all required documentation is received prior to the deadline specified by ThoroughBid.
    11. As from the moment that ThoroughBid receives your request to submit a Lot to Auction pursuant to Clause 4.1, you shall only be entitled to withdraw a Lot from being auctioned if, prior to the Auction Commencement Date, ThoroughBid receives a written request from you by email to salesoffice@thoroughbid.co.uk requesting the withdrawal of the Lot which is accompanied by a vet's certificate signed by a Veterinary Surgeon and which is to ThoroughBid's reasonable satisfaction.  If the information about the Lot which you submit pursuant to this Clause 4.11 is not to ThoroughBid's reasonable satisfaction, then ThoroughBid reserves the right to issue you with an invoice for a withdrawal fee in the sum of £250 which shall be payable by you within three Business Days of your receipt of the applicable invoice. 
    12. By submitting a Lot to be catalogued and auctioned via the Services, you undertake that you shall complete and fully perform any contract that may be entered into between you and another User pursuant to Clauses 7.1 or 7.2. 
    13. Where ThoroughBid has accepted a request from you pursuant to Clause 4.1 for a Lot to be catalogued and auctioned via the Services, ThoroughBid may in ThoroughBid's absolute discretion, and at any time, decide to withdraw your Lot from inclusion in the applicable Catalogue and being auctioned.  Where this is the case, ThoroughBid shall return to you the applicable Entry Fee unless ThoroughBid, in ThoroughBid's absolute discretion, considers that you have committed a material breach of these Terms and Conditions.
  5. Inspections
    1. If a User wishes to contact a Seller in order to arrange an inspection of the Seller's Lot or to make enquiries about it, that User shall contact the Seller using the details made available for the Seller in the Lot’s Listing Page.
    2. If you are a Seller, you agree, as from the Catalogue Launch Date of the Catalogue in which your Lot is featured until Fall of Hammer, to use all reasonable endeavours to co-operate with all enquiries and requests from other Users, including by:
      1. responding to any requests for information about the Lot; and
      2. using all reasonable endeavours to facilitate any inspection of the Lot requested by another User, whether such inspection is to be carried out by that User or a third party on its behalf, such as a member of the "Federation of Bloodstock Agents", a licensed racehorse trainer or Veterinary Surgeon or any other designated representative. 
    3. Without prejudice to any of ThoroughBid's other rights and remedies under these Terms and Conditions, ThoroughBid reserves the right to do either or both of the following, if, in ThoroughBid's absolute discretion, ThoroughBid considers that you have not complied with Clause 5.2:
      1. withdraw your Lot from the Catalogue in which it is featured and from being auctioned via the Services; or
      2. terminate your right to use the Services.
  6. Bidding for Lots
    1. Subject always to the General Rules, during the period in which an Auction is live:
      1. any User other than the Seller may submit a Bid for the Lot that is the subject of that Auction; and 
      2. either the Seller or any one person on the Seller's behalf (and not any other person) may submit a Bid for the Lot that is the subject of that Auction.  
    2. If you place a Bid for a Lot, you acknowledge and agree that you cannot withdraw your Bid under any circumstances.
    3. Without prejudice to any of ThoroughBid's other rights and remedies under these Terms and Conditions, ThoroughBid may, in ThoroughBid's absolute discretion, prevent you from placing Bids if ThoroughBid consider that you are in breach of the General Rules. 
    4. From the start of an Auction, ThoroughBid shall display on the Platform information about the time at which Fall of Hammer is scheduled to take place.  If a Bid is received by ThoroughBid in the last minute before an Auctioned in scheduled to end, ThoroughBid shall extend the period for which that Auction is scheduled to run, on a rolling basis, by further periods of two minutes. 
  7. Completion of a sale following Fall of Hammer
    1. Upon Fall of Hammer where one or more Users placed a Bid for the Lot, and both of the following applies:
      1. the highest Bid met or exceeded the Reserve Price; and
      2. that highest Bid was not placed by or on behalf of the Seller;

        then, at Fall of Hammer, the User that submitted the highest Bid shall be the Buyer and shall be deemed to have entered into a contract with the Seller to buy the Lot for the Purchase Price on the basis set out in these Terms and Conditions and subject to the Terms of Sale which are current at the time of the Auction Commencement Date.  
    2. Upon Fall of Hammer where:
      1. no Bids were placed in the Auction; 
      2. the highest Bid placed in the Auction was not placed by or on behalf of the Seller, and that highest Bid did not meet or exceed the Reserve Price; or
      3. the highest Bid placed in the Auction met, or exceeded, the Reserve Price and that highest Bid was placed by or on behalf of the Seller but the Seller has not "bought-in" the Lot in accordance with Clause 9.1;

        then, ThoroughBid may offer the opportunity through the Platform for any User other than the Seller to communicate to ThoroughBid a private offer that they would like to make to the Seller for the Lot.  The ability to make such a private offer shall be open for seven days from the date on which the Lot is offered for sale. ThoroughBid shall pass any such private offer received to the Seller following ThoroughBid's receipt of it, for the Seller's decision.  If the Seller confirms to ThoroughBid in writing by email to salesoffice@thoroughbid.co.uk that it wishes to accept that offer within the time for doing so as stated on the Platform, then, at the time of ThoroughBid's receipt of that confirmation, ThoroughBid shall inform the User that placed the offer of the Seller's decision to accept the offer.  Upon ThoroughBid informing the User of the Seller's decision to accept the offer, the Seller shall be deemed to have entered into a contract for the sale and purchase of the Lot on the basis set out in these Terms and Conditions and subject to the Terms of Sale which are current at the time of the relevant Auction Commencement Date applicable to the Lot. 
    3. Where a contract is entered into between a Buyer and Seller pursuant to Clauses 7.1 or 7.2:
      1. risk in the Lot shall pass from the Seller to the Buyer as from the moment at which the contract for the sale and purchase of the Lot between the Seller and Buyer is deemed to have been entered into in accordance with these Terms and Conditions;
      2. ThoroughBid shall:
        1. make the Purchase Confirmation Form available to the Buyer via email. The Buyer shall complete the Purchase Confirmation Form promptly with accurate information within 30 minutes of it having been sent to the Buyer by email.  The Buyer acknowledges that if the Buyer does not complete and return the Purchase Confirmation Form to ThoroughBid in accordance with this Clause 7.3.2(a), the Buyer shall not be entitled to exercise any of its rights under the Terms of Sale to: re-examine the Lot; test the Lot for Prohibited Substances; or test the Lot for piroplasmosis; or to submit a Notice of Complaint; and
        2. within 24 hours of the contract for the sale and purchase of the Lot between the Seller and Buyer being entered into, issue the Buyer with an invoice for the Purchase Price (purely as an agent for the Seller) and the applicable Buyer Commission Fee;
      3. ThoroughBid shall provide each of the Buyer and the Seller with the other's contact details which were provided to ThoroughBid for this purpose when they registered for use of ThoroughBid's Services; 
      4. subject to Clause 7.4, the Buyer shall pay the applicable invoice issued by ThoroughBid for the Purchase Price and the applicable Buyer Commission Fee in cleared funds prior to:
        1. 12pm on the date falling three days after the date on which Fall of Hammer occurred where the contract for the sale and purchase of the Lot was entered into pursuant to Clauses 7.1; or
        2. 12pm on the date falling three days after the date on which the contract is deemed to have been entered into where the contract for the sale and purchase of the Lot was entered into pursuant to Clause 7.2; and
      5. subject to Clause 7.4, the Buyer shall collect the Lot from the Seller, subject to ThoroughBid having first confirmed to the Buyer that it has received the payment referred to by the time stated at Clause 7.3.4.
    4. The Buyer shall be under no obligation to pay the Purchase Price or the Buyer Commission Fee prior to the deadline stipulated at Clause 7.3.5, or to collect the Lot prior to the Collection Deadline, where the Buyer has exercised its right pursuant to paragraph 3 of the Terms of Sale to request the re-examination of the Lot and either of the following applies: (i) the sale is cancelled in accordance with paragraphs 3.4(b); or (ii) ThoroughBid accepts the Buyer's claim that the Lot has failed its re-examination pursuant to paragraph 3.5 of the Terms of Sale.  Where the Buyer claims that the Lot has failed its re-examination and the Buyer's claim is referred to adjudication by ThoroughBid in accordance paragraph 3.8 of the Terms of Sale, then, unless ThoroughBid's decision made pursuant to paragraph 10.2 of the Terms of Sale is to uphold the Buyer's claim (in which case the sale will be cancelled), the Buyer shall fall under the obligations to pay the Purchase Price and the Buyer Commission Fee in accordance with paragraph 10.6(b)(i) of the Terms of Sale and to collect the Lot in accordance with paragraph 10.6(b)(ii) of the Terms of Sale. 
    5. The Seller shall provide the Buyer, at the Seller's expense, with such reasonable assistance as the Buyer may require in connection with the collection of the Lot:
      1. where the Buyer falls under the obligation in accordance with Clause 7.3.5, to collect the Lot prior to the Collection Deadline; or
      2. where the Buyer falls under the obligation in accordance with paragraph 10.6(b)(ii) of the Terms of Sale, to collect the Lot from the Seller prior to the deadline stipulated in that paragraph. 
    6. Unless ThoroughBid informs the Seller otherwise in writing, the Seller shall not in any circumstances allow the Lot to be collected by the Buyer prior to the applicable Collection Deadline until such time as ThoroughBid has confirmed to the Seller that ThoroughBid has received the Purchase Price and the applicable Buyer Commission Fee from the Buyer in cleared funds (and any failure by the Seller to follow this will be at its own risk).
    7. Where the Buyer complies with its obligation to pay the Purchase Price and the applicable Buyer Commission Fee to ThoroughBid in cleared funds prior to the applicable Payment Deadline, and if the sale has not been cancelled in accordance with the provisions of the Terms of Sale (in which case the Purchase Price shall be returned to the Buyer in accordance with the applicable provisions of the Terms of Sale), then ThoroughBid shall pay the Purchase Price less the Vendor Commission Fee to the Seller's Nominated Bank Account.  ThoroughBid shall pay the Purchase Price less the Vendor Commission Fee no sooner than the seventh Business Day and no later than the 14th Business Day that falls following the date of the receipt by ThoroughBid of the Purchase Price and the applicable Buyer Commission Fee from the Buyer, provided that ThoroughBid, acting in its absolute discretion, is satisfied that there is no longer any possibility of the sale being cancelled in accordance with the Terms of Sale.  If, on the 14th Business Day following the receipt by ThoroughBid from the Buyer of the Purchase Price and the applicable Buyer Commission Fee, ThoroughBid acting in its absolute discretion, considers that there is still any possibility of the sale being cancelled in accordance with the Terms of Sale, ThoroughBid, shall be entitled to delay the payment of the Purchase Price less the Vendor Commission Fee to the Seller's Nominated Bank Account until such time as ThoroughBid, acting reasonably, considers that there is no longer any possibility of the sale being cancelled in accordance with the Terms of Sale.   At around the time that ThoroughBid pays the Purchase Price less the Vendor Commission Fee to the Seller, ThoroughBid shall issue the Seller with an invoice for the Vendor Commission Fee.  
    8. Where the Buyer does not comply with its obligation to pay the Purchase Price and the applicable Buyer Commission Fee to ThoroughBid prior to the applicable Payment Deadline, then:
      1. ThoroughBid may require that interest on the Purchase Price owing to the Seller accrues to ThoroughBid at a rate of 8% above Bank of England base rate from time to time per annum (after as well as before judgment), such interest to run from day to day and to be compounded monthly, for each day (whether in full or in part) falling after the deadline stipulated at Clause 7.3.5 or paragraph 10.6(b)(ii) of the Terms of Sale as the case may be, during which payment of the Purchase Price has not been made; 
      2. ThoroughBid may require that interest on the applicable Buyer Commission Fee owing to ThoroughBid accrues to ThoroughBid at a rate of 8% above Bank of England base rate from time to time per annum (after as well as before judgment), such interest to run from day to day and to be compounded monthly, for each day (whether in full or in part) falling after the deadline stipulated at Clause 7.3.5 or paragraph 10.6(b)(ii) of the Terms of Sale as the case may be, during which payment of the Buyer Commission Fee has not been made; and 
      3. where ThoroughBid and the Buyer have agreed that the Buyer shall pay the Purchase Price and the applicable Buyer Commission Fee using the FX Facility, by the Buyer requesting to use this payment method on the Purchase Confirmation Form, ThoroughBid shall be entitled to charge the Buyer an administration fee in the sum of £100 in consideration of the costs incurred by ThoroughBid as a result of the Buyer's failure to pay the Purchase Price and the Buyer Commission Fee using the FX Facility prior to the deadline stipulated at Clause 7.3.4 or paragraph 10.6(b)(ii) of the Terms of Sale as may be applicable. ThoroughBid shall issue a new invoice for the outstanding balance, including the £100 sum, at the new currency rate, which the Buyer shall pay within two days of the Buyer's receipt of invoice. If the Buyer brings a claim under paragraph 3 of the Terms of Sale that results in the cancellation of the sale, the Buyer shall be under no obligation to pay the £100 sum referred to in this Clause 7.8.3 and ThoroughBid, at ThoroughBid's absolute discretion, shall be entitled to provide an invoice for this £100 sum to the Seller which shall be payable by the Seller within two Business Days of the Seller's receipt of invoice.
    9. If the Buyer pays the Purchase Price and the applicable Buyer Commission Fee to ThoroughBid, but does not comply with its obligation to do so prior to the applicable Payment Deadline, ThoroughBid shall pay the Purchase Price less the Vendor Commission Fee to the Seller's Nominated Bank Account, no sooner than the seventh Business Day, and no later than the 14th Business Day, that falls after the date of the receipt by ThoroughBid of the Purchase Price and the applicable Buyer Commission Fee from the Buyer. 
    10. If and to the extent that ThoroughBid does not receive the Purchase Price and the applicable Buyer Commission Fee in full from the Buyer prior to the applicable Payment Deadline, then ThoroughBid shall be entitled to appropriate any monies received from the Buyer towards satisfaction of the applicable Buyer Commission Fee and any interest thereon accruing in accordance with Clause 7.8.2, together with any Vendor Commission Fee, before appropriating them towards satisfaction of the Purchase Price (less the Vendor Commission Fee) or any interest thereon accruing in accordance with Clause 7.8.1. 
    11. If for any reason the Buyer does not comply with its obligation to collect the Lot prior to the applicable Collection Deadline, then for each day (whether in full or in part) falling after the applicable Collection Deadline that the Lot has to continue to be boarded by the Seller due to the Buyer's failure to collect the Lot prior to the applicable Collection Deadline, the Buyer shall be liable to pay to the Seller a daily Seller's Boarding Fee.  ThoroughBid shall be entitled to invoice the Buyer on behalf of the Seller for any Seller's Boarding Fees at such intervals as ThoroughBid shall see fit, and the Buyer shall pay to ThoroughBid any invoice issued by ThoroughBid for the Seller's Boarding Fees within two Business Days of receipt of the invoice.  Within seven Business Days of the receipt by ThoroughBid of any Seller's Boarding Fees from the Buyer in cleared funds, ThoroughBid shall pay those Seller's Boarding Fees to the Seller's Nominated Bank Account.
    12. Without prejudice to any other rights and remedies that ThoroughBid may have under these Terms and Conditions, if on the 14th or a subsequent day that falls after the applicable Payment Deadline, ThoroughBid has still not received in full the sum of the Purchase Price and the Buyer Commission Fee (together with any interest due pursuant to Clause 7.8) and all Seller's Boarding Fees from the Buyer, ThoroughBid, in its absolute discretion, shall be entitled to deem that the Buyer has repudiated the contract that has been entered into between the Buyer and the Seller for the sale and purchase of the Lot. 
    13. Where, in accordance with Clause 7.12, ThoroughBid deems that the Buyer has repudiated the contract that has been entered into between the Buyer and the Seller, ThoroughBid shall have the right to require the Seller to:
      1. appoint ThoroughBid as its agent to bring an action against the Buyer, at the Seller's sole expense, for the payment of the outstanding Purchase Price (together with any Seller's Boarding Fees owed by the Buyer to the Seller); or
      2. submit the Lot to be entered into the next Catalogue and auctioned again via the Platform, and appoint ThoroughBid as its agent, at the Seller's sole expense, to bring a claim against the Buyer for the difference between any lower price for which the Lot is sold at such subsequent Auction and the sum of the Purchase Price (together with any Seller's Boarding Fees owed by the Buyer to the Seller).
    14. The Seller acknowledges and agrees that ThoroughBid shall at no time be under any obligation to exercise ThoroughBid's rights under Clause 7.13 and that nothing under Clause 7.13 shall prejudice any right of the Seller to bring a claim against the Buyer in connection with the failure of the Buyer to pay the Purchase Price (together with any Seller's Boarding Fees owed to the Seller).  Where ThoroughBid brings a claim against the Buyer on the Seller's behalf pursuant to Clause 7.13, the Seller shall provide ThoroughBid (at the Seller's own cost) with all reasonable assistance and co-operation as ThoroughBid may require in relation to bringing that claim.  Where the Seller successfully receives any of the Purchase Price or Seller's Boarding Fees from the Buyer, the Seller shall account to ThoroughBid on demand for the Vendor Commission Fee before appropriating any of the rest of the Purchase Price or Seller's Boarding Fees.  
  8. Private sales that take place outside of the Platform  
    1. If you submit a Lot for Auction by ThoroughBid pursuant to Clause 4.1 and either of the following applies:
      1. you withdraw the Lot from being auctioned in accordance with Clause 4.11; or
      2. no contract for the sale and purchase of the Lot is entered into pursuant to Clauses 7.1 or 7.2 and you do not inform ThoroughBid that the Lot is "bought-in" in accordance with Clause 9.1; 

        then, if that Lot is sold otherwise than by way of the Services between the date on which it first appears in the applicable Catalogue and the date falling 14 days after the date by which all Auctions for Lots featured in that Catalogue have ended (an "Off-Platform Private Sale"), you shall promptly, and in any event within 24 hours of that Off-Platform Private Sale, inform ThoroughBid in writing of that Off-Platform Private Sale by email to salesoffice@thoroughbid.co.uk and pay to ThoroughBid a Vendor Commission Fee on the Off-Platform Private Sale which is equivalent to 5% of the price for which the Lot was sold via that Off-Platform Private Sale.  ThoroughBid shall issue you with an invoice for the applicable amount within one Business Day of having been informed by you in writing of the Off-Platform Private Sale.  ThoroughBid's applicable invoice provided under this Clause 8.1 shall be payable by you within three Business Days of receipt.
    2. If you fail to inform ThoroughBid of an Off-Platform Private Sale for your Lot within three Days of that Off-Platform Private Sale in accordance with Clause 8.1:
      1. you shall owe ThoroughBid a Vendor Commission Fee on the Off-Platform Private Sale equivalent to 10% of the price for which the Lot is sold via the Off-Platform Private Sale; and
      2. ThoroughBid shall within one Business Day of ThoroughBid having become aware of the Off-Platform Private Sale issue you with an invoice, payable by you immediately, for:
        1. the applicable fee referred to at Clause 8.1; and
        2. interest on the applicable fee referred to at Clause 8.1 to be calculated on the basis referred to at Clause 12.11.1 for the period between the expiry of the third Business Day following the date of the Off-Platform Private Sale and the date upon which ThoroughBid issues ThoroughBid's applicable invoice in accordance with this Clause 8.2.2.
    3. For the purposes of calculating the applicable fee on an Off-Platform Private Sale due to ThoroughBid under Clauses 8.1 or 8.2.1, ThoroughBid reserves the right to require you to pay the applicable fee on such sale price by reference to an amount which ThoroughBid, acting reasonably, considers to be the market value of the Lot on the date upon which the Off-Platform Private Sale took place if, in ThoroughBid's reasonable opinion, the price for which the Lot was sold on the date of the Off-Platform Private Sale was below market value.
  9. Bought-in and Unsold Lots
    1. Upon Fall of Hammer, if the highest Bid that was placed in an Auction was placed by the Seller and that Bid met or exceeded the Reserve Price, the Seller shall inform ThoroughBid in writing if it wishes for ThoroughBid to publish the Lot as having been "bought-in" by completing the Purchase Confirmation Form and submitting it within 30 minutes of Fall of Hammer.  Unless a completed Purchase Confirmation Form containing the Seller's confirmation that the Lot has been "bought-in" is received by ThoroughBid within 30 minutes of Fall of Hammer, then the Lot shall be published as unsold and may be listed by ThoroughBid as available for Users to “Make an Offer” in accordance with Clause 7.2. 
    2. If the Seller informs ThoroughBid in writing in accordance with Clause 9.1 that the Lot has been "bought-in", ThoroughBid shall be entitled to issue the Seller with an invoice for an amount that is equivalent to a 2.5% Vendor Commission Fee on the Seller's winning Bid.  ThoroughBid's applicable invoice provided under this Clause 9.2 shall be payable by the Seller within three Business Days of receipt. 
    3. If a Lot is auctioned via the Platform and both of the following applies:
      1. no contract is entered into for the sale and purchase of the Lot pursuant to Clause 7.1; and
      2. ThoroughBid is not informed in writing by the Seller that the Lot is deemed to be "bought-in" in accordance with Clause 9.1;

        then, if on the third day following Fall of Hammer, no contract has been entered into for the sale and purchase of the Lot pursuant to Clause 7.2, ThoroughBid shall be entitled to issue the Seller with an invoice for £250 in consideration of the Seller having had the opportunity to sell their Lot via an Auction held on the Platform.  If, however, the Lot is subsequently sold pursuant to Clause 7.2, ThoroughBid shall refund the fee referred to in this Clause 9.3 to the Seller. 
  10. Circumstances in which a Sale may be Cancelled
    1. The Buyer and Seller acknowledge and agree that where a contract for the sale and purchase of a Lot is entered into between them pursuant to Clauses 7.1 or 7.2, the Terms of Sale set out the only circumstances in which the Buyer shall be entitled to request the cancellation of the sale and, where applicable, claim a refund of the Purchase Price and the applicable Buyer Commission Fee.
  11. ThoroughBid's provision of the Services and the Platform
    1. A User will be deemed to have entered into a binding legal agreement with another User in any of the circumstances described in Clauses 7.1 or 7.2.  ThoroughBid are not a party to that binding legal agreement.  
    2. The Platform and the Services are made available by ThoroughBid solely to enable people in the equine industry to buy and sell horses by way of Auction, or by way of private sale in the circumstances described at Clause 7.2.  
    3. You shall not participate in any Auction unless you are fully able to complete any binding legal agreement with another User that may result.
    4. You acknowledge and agree that each Lot is sold with any engagements applicable to that Lot that have been announced by the applicable Auction Commencement Date.  ThoroughBid shall have no Liability for any matter relating to the engagements of the Lot (including the omission from the Lot's Listing Page of any details about engagements).  The Seller is solely responsible for ensuring that all relevant documentation is completed and lodged with the "Authority" in question for an engagement that has been announced by the applicable Auction Commencement Date, but it shall be for the Buyer to cancel any engagement if it chooses including bearing the cost of any forfeit for doing so.
    5. You shall not allow any Lot to take up an intended engagement and race from the Auction Commencement Date until ThoroughBid has received full payment of the Purchase Price and the applicable Buyer Commission Fee from the Buyer, along with any other outstanding Fees that may be due from the Buyer to ThoroughBid.
    6. ThoroughBid does not warrant the eligibility of any Lot for any breeders’ scheme. Regarding any such statements as to such eligibility, it is entirely the responsibility of the Seller to ensure they are accurate. 
    7. You acknowledge that:
      1. any payments that ThoroughBid makes are made by ThoroughBid at the risk of the payee, including any payments made pursuant to Clauses 2.5.2, 7.7, 7.9, 7.11 or paragraphs 3.4(b), 3.7(c), 5.5(b), 6.5(b) or 10.5(f) of the Terms of Sale;
      2. ThoroughBid shall be under no obligation to place the Purchase Price or any other sums on deposit pending onward payment of them by ThoroughBid to a User;
      3. any arrangement or agreement you conclude with any other User via the Platform or the Services is entirely at your own risk and ThoroughBid shall in no circumstances have any Liability whatsoever in respect of any such arrangements or agreements or any User's failure to comply with such arrangements or agreements; 
      4. other Users shall be responsible for performing their respective obligations owed to you.  This shall not be ThoroughBid's responsibility.  Subject to Clause 18.2, you shall not seek to claim any Liability from ThoroughBid for any act or omission of another User or any failure of another User to carry out any of their obligations owed to you; and
      5. the information about Lots (including the information contained in the Catalogue) available on the Platform and Website is dependent on information submitted by Users or otherwise obtained by ThoroughBid from third parties (for example where ThoroughBid obtains a pedigree certificate in accordance with Clause 4.7).  ThoroughBid makes no warranty in respect of the accuracy, completeness, currency, fitness for purpose or legality of any information accessed using the Platform, Services or Website, or otherwise communicated to you by ThoroughBid, that has been made available by another User in connection with their use of the Services or that has been obtained by ThoroughBid from a third party.  Subject to Clause 18.2, ThoroughBid shall not have any Liability to you in respect of any information about a Lot that is made available via the Services.
    8. ThoroughBid does not warrant that:
      1. any Lot is owned by any person stated to be the owner at the time that the Lot is catalogued;
      2. the Website will be compatible with any hardware and software which you may use;
      3. the Platform, Services or Website will be free of faults and ThoroughBid does not accept Liability for any errors or omissions; 
      4. your use of or access to the Platform, Services or Website will be uninterrupted;
      5. any information transmitted via the Platform, Services or Website will be transmitted accurately, reliably, in a timely manner; or
      6. the Platform, Services or Website are free from Viruses or anything else which may have a harmful effect on any technology.  Although ThoroughBid may put in place security measures for your protection, (subject to Clause 18.2) ThoroughBid shall not have any Liability for damage to, or Viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Platform, Services or Website.  ThoroughBid shall als

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