Terms & Conditions

1. Definitions

1.1 In these Terms and Conditions:

"Company" refers to New Zealand Bloodstock Limited and any company associated with New Zealand Bloodstock Limited as defined by Subpart YB2 of the Income Tax Act 2007 such as without limitation New Zealand Bloodstock Finance & Leasing Limited and Gavel House Limited;

"Client" refers to any individual, entity, or business engaging the services of the Company.

"Services" refer to the auction services, private sale and consultancy services, insurance services, financial services and air freight services provided by the Company in relation to bloodstock (horses).

“Applicable Terms and Conditions” refers to the conditions of sale relating to the particular auction sale; the terms and conditions relating to the particular private sale and consultancy services; the terms, conditions and exclusions relating to the particular insurance cover; the terms and conditions of the particular financial service and the airfreight terms and conditions relating to the particular airfreight service and “particular” herein refers to the actual service provided or to be provided by the Company to the Client.

"Bloodstock" refers to horses or livestock intended for breeding, racing, or sale purposes.

1.2 In the interpretation of these Terms and Conditions, unless the context otherwise requires:

•   Any reference to a person shall include reference to body corporate and to an unincorporated body of persons;
•   Any reference to a statute or regulation includes a replacement or modification of that statute or regulation;
•   The parties include their successors, executors, administrators and permitted assigns.
•   Words importing the singular shall include the plural and vice versa.
•   Words importing one gender shall include the other genders.

2. Application of Terms

These Terms of Trade and Conditions together with the Applicable Terms and Conditions apply to all services provided by the Company to the Client unless otherwise agreed in writing. The Applicable Terms and Conditions shall prevail in the case of any conflict with these Terms of Trade and Conditions. By engaging the Company’s services, the Client agrees to be bound by these terms and conditions and the Applicable Terms and Conditions.

3. Provision of Services

The Company agrees to provide auction services, private sale and consultancy services, insurance services, financial services and air transport services as specified in written agreements or service requests made by the Client, subject to the following conditions:

Auction Services: The Company will facilitate the sale of bloodstock through auction, including advertising, cataloguing, and conducting the auction.

Private sale and consultancy services: The Company will facilitate and sale and purchase of Bloodstock by the provision of bloodstock agency services;

Insurance Services: The Company will act as an intermediary to arrange insurance coverage for bloodstock on behalf of the Client. The Client is responsible for the accuracy of all information provided for insurance purposes.

Financial Services: The Company will facilitate the purchase of bloodstock by the provision of financial facilitates, accommodations and financial leasing arrangements.

Air Transport Services: The Company will arrange for the air transport of bloodstock, ensuring proper documentation and compliance with all relevant regulations.

4. Fees and Payment Terms

All fees for services rendered by the Company will be detailed in written agreements or invoices issued to the Client.

Payment for services is due upon issue of invoice unless otherwise agreed in writing.

Subject to any Applicable Terms and Conditions interest may be charged on overdue accounts at a rate of 2 percent per calendar month or part thereof.

5. Client Responsibilities

The Client will permit New Zealand Bloodstock Ltd to collect such information and to make such inquiries into the credit worthiness of the Client as deemed appropriate.

The Client acknowledges to have read and agrees to be bound by the Particular Terms and Conditions, and authorises New Zealand Bloodstock Ltd to contact third parties for the purpose of assessing the application of the Client for the provision of services and authorise irrevocably, these third parties to provide all information requested by New Zealand Bloodstock Ltd.

The Client agrees to provide all necessary information, documentation, and cooperation required for the provision of the services, including accurate details about the bloodstock and its condition.

The Client shall ensure all payments for auction purchases, private sale purchases and consultancy services, insurance premiums, loan and lease payments and air freight services are made promptly and in accordance with the agreed terms.

6. Risk and Liability

Auction Services: The Company shall not be liable for any loss or damage incurred during the auction process unless due to the Company’s negligence or wilful misconduct.

Insurance Services: The Company acts as an intermediary and is not liable for claims or disputes arising between the Client and the insurance provider. It is the Client’s responsibility to review the policy and ensure adequate coverage.

Air Transport Services: The Company shall take all reasonable precautions to ensure safe transport of bloodstock, but shall not be liable for any loss or damage arising from force majeure events, delays, or issues beyond the Company’s control.

7. Title and Risk

Auction Sales: Ownership and risk in the bloodstock shall transfer to the purchaser upon the fall of the hammer at auction.

Insurance: Risk remains with the Client until insurance coverage is confirmed by the underwriter/insurer.

Air Transport: The Client assumes risk during transport unless otherwise specified by applicable insurance coverage.

8. Cancellation and Termination

Auction Services: Cancellation and termination is governed by the Applicable Terms and Conditions. Fees for services rendered prior to cancellation and cancellation fees remain payable.

Insurance Services: Cancellation of insurance policies is subject to the terms and conditions of the insurer.

Air Transport Services: Cancellation and termination is governed by the Applicable Terms and Conditions. Fees may apply for late cancellations or rescheduling.

9. Confidentiality

The Company and the Client agree to keep confidential all information related to the services provided, except where disclosure is required by law or with the express consent of the other party.

10. Governing Law
These Terms of Trade and Conditions are governed by the laws of New Zealand, and any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of New Zealand and any actions that may be necessary, will be brought in a court held at Auckland or elsewhere should New Zealand Bloodstock Ltd in writing consent.

11. Dispute Resolution

In the event of any dispute arising from these Terms of Trade and Conditions, the parties agree to attempt resolution through good faith negotiations. If negotiations fail, disputes may be resolved through mediation or arbitration as agreed upon by both parties.

12. General Provisions

These Terms of Trade and Conditions together with the particular Terms and Conditions constitute the entire agreement between the Company and the Client regarding the provision of services.

Any variations to these terms must be agreed upon in writing.

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Terms of Access

This Terms of Access policy is subject to and should be read in conjunction with the Privacy Policy for this website. This Site ("Site") is owned by New Zealand Bloodstock Limited ("we", "us" or "our").

Acceptance

Use of our Site is subject to the following terms and conditions of access to the Site ("Terms of Access"), any specific terms posted within the Site and all applicable laws. By accessing and browsing the Site you represent that you have read, understood and accepted these Terms of Access and agree to be bound by them.

Intellectual property rights

You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trade marks or other intellectual property rights and laws. No content or material on the Site may be reproduced, adapted, linked to, distributed or used in any way without our prior written consent. However, you may print or download one copy of the materials or content on this Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Modification of any of the materials or use of the materials for any other purpose will be a violation of our copyright and other intellectual property rights.

Restricted Use

You may not use any software, program, algorithm, methodology or other automatic device, including any spider, robot, or otherwise, to monitor, copy, collect or harvest any data, information or content found on this Site, or use any manual process for the same purpose.

Links

This Site may include or contain links to third party material, advertising and promotions. Any dealings you have with any such third party are solely between you and that third party and, to the extent that we assist you in such dealings, we do so purely as an agent for the relevant third party. While we have taken reasonable care to ensure that all such third parties are reputable, we will not be responsible for the contents of any third party material or promotion or be liable for any direct or indirect loss or damage suffered by you (or any other party) as a result of accessing, using, relying on or trading with such third parties. Links to any other sites are provided for convenience only and do not represent any endorsement by us of the products or Services offered by the site owner.

We request that you seek permission prior to linking to this Site. If you create a link to this Site, you remain fully responsible for any consequences of that link, and you will fully indemnify us against all costs, claims, damages, losses and other liabilities arising from, or in connection with, that link.

General disclaimer

This Site is provided for personal, non-commercial and informational purposes only and is not intended to provide commercial, financial or legal advice. While we have endeavoured to ensure that the content and material on the Site is free from error, we do not warrant its accuracy, adequacy or completeness or that it is suitable for your intended use. The Site, and the content and material on it, are provided on an "as is", "as available" basis.

We do not warrant that any materials on the Site or functions contained in such materials will be uninterrupted or error-free, that defects will be corrected or that this Site or its server are free of any virus or other harmful elements. We reserve the right to modify, disable access to or discontinue, temporarily or permanently, part or all of this Site or any information contained on the Site without liability or notice to you.

No Liability

Your use of the Site is at your own risk. You agree that we are not responsible for any loss, damage or harm arising out of your use of the Site, or your reliance on any information contained on, or accessed through, the Site. You also agree that all warranties, conditions and representations in respect of the Site (express or implied) are excluded to the fullest extent permitted by law. None of us, any of our or their employees or agents, or any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, consequential, indirect or punitive damages, which are excluded to fullest extent permitted by law, arising out of your access to, or use of or inability to use, the Site.

Limitation of liability

If for any reason we are responsible for any damage or harm arising out of your use of the Site, in no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort - including but not limited to negligence - or otherwise) exceed the amount paid by you, if any, for accessing this Site.

Jurisdiction

New Zealand law governs the Site and this Site is controlled and operated from our offices in New Zealand. We make no representation that links or materials on this Site are appropriate or available for use in any other location. If you choose to use this Site from a location outside New Zealand then you are solely responsible for compliance with local laws, if and to the extent that such laws are applicable.

Modification

We reserve the right, at our sole discretion, to modify or alter these Terms of Access at any time without prior notice to you. Such changes will become effective immediately upon their posting on the Site.

Social Media Community Guidelines

We’re so glad to have you as a part of our online community. You will find our social media sites places where you can talk and share your comments, photos, and videos with us and the rest of the community. These pages are monitored daily by New Zealand Bloodstock. Please be respectful of others and do not use profane language, if you wouldn't say it to your mother it’s probably not appropriate. We support free speech and engagement with others, however we deserve the right to remove any posts and comments that we deem to be offensive including:

Violent, obscene, profane, hateful, suggestive or racist posts, links or images
Comments that harass, defame or threaten any person or organisation
Off-topic or repetitive comments by an individuals or multiple users
Solicitations, advertisements or endorsements of any commercial organization
Comments that encourage illegal activity

Offensive users will also be blocked from our social network pages

New Zealand Bloodstock is not responsible for the personal, political, organisational or religious beliefs of its fans and followers across our social networks.

These guidelines will be updated as necessary. Please feel free to contact us directly with any questions or comments via email: marketing@nzb.co.nz

Privacy Policy

New Zealand Bloodstock Limited and its affiliates including New Zealand Bloodstock Finance & Leasing Limited and Gavelhouse Limited ("New Zealand Bloodstock", "we", "us", "our") is committed to respecting your privacy. We will always collect, store, use and disclose your personal information in accordance with the Privacy Act 2020. However, we have also put in place the following Privacy Policy to protect your personal information when you submit, or we collect, that information – including via our Online Services.

Our "Online Services" include:

services and information offered on, provided by and/or booked through any of our websites including www.nzb.co.nz and www.gavelhouse.com ("Websites");
online bloodstock auctions;
mobile operating applications including applications for smart phone, tablet and other handheld devices ("Apps");
social media pages, including Facebook, Twitter, Instagram, YouTube, Vimeo and Instagram; and
email communications and subscription services.

Our “Services” include:

our Online Services;
bloodstock agency, auction, insurance, airfreight and financial services; and
event hire and ancillary services.

By providing us with personal information, you consent to our collection, storage, use and disclosure of Personal information in accordance with this Privacy Policy.

This Privacy Policy is subject to and should be read in conjunction with our Acceptable Use Policy (when using or interacting with any of our Online Services) and any other specific terms and conditions you agree to when we provide you with goods or Services or you are using or signing up to other Online Services we offer you from time to time.

In this policy, "personal information" means information about an identifiable individual.

1. What personal information do we collect?

Information you give us

You may give us personal information about yourself, such as your name, address, email address, bank details, credit card details and telephone numbers, when, for example, you fill out an Entry Form, an acknowledgement of Purchase form, an appointment of agent form, a credit application form, an insurance proposal, electronic comment forms on our Websites, register for our online bloodstock auctions and Wi-Fi service, make a purchase from us, participate in discussion boards or other social media functions or enter a competition, promotion or survey.

If you do not give this information, we may not be able to provide goods or Services to you.

Information we may collect about you

We collect personal information about you when:

It is necessary to provide goods or Services you have requested;

You have expressly consented to us collecting that information, for example when you apply for an account with us, have your details recorded in a visitor or site log or enter a competition or promotion run by us;

If you are or want to be a Borrower, we may collect credit information (as defined in the Credit Reporting Privacy Code 2020) about you from credit checking agencies;

If you are or want to be a Borrower, we may also collect personal information about you from:

your current or previous employers or business partners, accountants, lawyers, referees, banks, insurers, landlords, guarantors, co-borrowers, financial advisers;

other third parties you may have had dealings with (such as service or utility providers);

Credit Reporters;

identification service providers;

our agents or service providers like debt collection agencies, introducers, professional advisers, direct debit companies and private investigators; and

anyone else you agree.

It is necessary to protect or enforce our legal rights or interests (including to protect our IT systems or to improve cyber security), or to defend any claims made against us by any person (including you); or,

It is required by law.

Where possible, we will collect the information directly from you. However the method of collecting this information may vary depending on which one of our Services you are using;

We also use CCTV cameras to record footage at some of our sites. This footage may constitute ‘personal information' as defined in the Privacy Act.

We collect information about visits to our Websites and other Online Services usage to measure the number of visitors to different parts of our sites and, for example, to measure the effectiveness of advertising. We may use technology as a means to identify you when you are on our property.

We may also collect additional information about you when you use our Online Services, are filmed on or around our property, or when we record your telephone conversation(s) with our operations centre including:

your preferences concerning types of products or Services;

the frequency of use of certain types of products or Services; the methods, purpose and frequency of business; and

your location

Cookies

Our Websites use a technology called cookies. A cookie is a small element of data (that may also hold your personal information) that our Websites may send to your computer. Any such cookie is typically stored on your computer's hard drive and permits our Website to recognise you when you return. Our use of cookies helps us to provide you with a better experience during your use of our Websites by allowing us to understand what areas of the site are of interest to you. You may configure your web browser to not accept cookies, although you may experience a loss of functionality as a result.

If you receive email communications from us, we may also use email open and click tracking including cookies, a single pixel image for tracking and link redirects for tracking clicks, for us to get a better understanding of which email communications are of most interest to you so we can provide you with a better experience by sending relevant and interesting email communications.

2. How do we use the personal information?

The information that we collect from you may be used by us for a number of purposes connected with our business such as:

Supplying you with products and Services;

Providing you with credit, loans and bloodstock lease products;

Processing your entries, purchases, orders or applications and administering your account;

Billing you (unless you pay by another agreed method) and collecting any debt owed to us by you;

Dealing with your requests, enquiries or complaints and other customer care related activities;

Informing you about special offers or promotions that are relevant to your relationship with us;

Carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution;

Carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems;

For contact tracing in relation to the Covid-19 pandemic; or

For general administrative and business purposes.

CCTV footage specifically may be used for the following purposes:

Detecting and deterring criminal behaviour on our sites; and,

Monitoring the safety and security of our staff and our sites, and completing incident investigations.

In addition, we may use your personal information to promote and market our products and Services, or the products and Services of others. However, we will not do this by email or text (except as part of an email that facilitates, completes or confirms a transaction with you) unless we have your express, inferred or deemed consent to do so. These emails and texts will always include an "unsubscribe" facility (for further details on how to unsubscribe see below).

If you are using one of our Apps, you accept that we can send you "Push Notifications", and you agree to receive notifications from us even if your App is not running. You can change your push notification settings within your device or via the App itself.

Transfer of Information Overseas

Some uses of your personal information may involve the transfer of that information outside New Zealand, to be held and used by our related companies and business associates and partners, for example vendors, purchasers, bloodstock sales companies/ agents, insurers, assessors, underwriters and brokers. You consent to that transfer on the understanding that it will not relieve us of our obligations to you under the Privacy Act.

3. Will we disclose your personal information to others?

We do not sell, trade or rent your personal information to others without your consent. However, we may use other companies and individuals to perform Services on our behalf, such as sending emails and processing payments. They may have access to your personal information needed to perform and provide these Services, but we will not authorise them to use your personal information for any purpose that is inconsistent with this Privacy Policy.

We may also disclose your personal information to our related companies and business partners, such as tourism operators and travel companies, for them to offer products and Services to you. This information may include scrambled credit card details, although these will only be used with your consent for any transactions with them.

In addition, we may provide statistics with personal identifiers removed about our customers, readers, sales, traffic patterns and related site functions to reputable third parties. We may use service providers to assist us to aggregate and anonymise such information so that it does not include any information from which an individual can be identified. We do not consider such aggregated and anonymised information to be personal information and its use is not subject to this policy.

New Zealand Bloodstock and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to our Website. No personally identifiable data is collected for this advertising.

We may also disclose your personal information where such disclosure is required by law.

4. Storage and Security

We will use reasonable commercial endeavours to ensure that all personal information is securely protected against loss, unauthorised access and other misuses. This includes physical security, computer and network security, communications security and personnel security. However, we accept no responsibility for any loss, misuse, unauthorised access or disclosure, alteration or destruction of personal information which you submit to us.

Please be aware that communications over the internet, such as emails, are not secure unless they have been encrypted.

5. What about links to other websites?

Our Online Services may contain links to other websites that are not under our control. These websites may use cookies. It is the responsibility of those third parties to collect appropriate consents from you in order to permit their own cookies (to the extent this is required by law) and to inform you about the cookies they use. You should check the privacy policy on all third -party websites to ensure you are comfortable with third -party cookies. We have no responsibility for linked websites, and provide them solely for your information and convenience. We specifically disclaim responsibility for their content, privacy practices and terms of use, and we make no endorsements, representations or warranties about their accuracy, content or thoroughness. Your disclosure of personal information to third party websites is at your own risk.

6. Email, text and telephone communications

By subscribing to our email and/or text communications, or otherwise providing us with your email address and/or mobile number, you consent to receiving emails and/or texts (as the case may be) which promote and market our products and Services, or the products and Services of others, from time to time.

You can unsubscribe from our email communications and/or text communications at any time by clicking the "Unsubscribe" link in any promotional or marketing email or text received from us or by emailing us at marketing@nzb.co.nz

Once you have unsubscribed from our email or text communications, we will remove you from the corresponding marketing list as soon as is reasonably practicable.

Calls may be monitored or recorded for training and quality control purposes.

7. Updating your personal information

We will take reasonable steps to ensure the personal information held by us is accurate. We will respond to any request by an individual to correct personal information held about that individual as soon as practicable following receipt of such request. All requests of this nature should be directed to our Privacy Officer in the first instance.

You may obtain confirmation from us as to whether or not we hold personal information about you. You may also request access to or a copy of the information and/or request that corrections or changes are made to it. All requests of this nature should be directed to our Privacy Officer in the first instance.

You may request access to the personal information we hold about you by emailing the Privacy Officer at reception@nzb.co.nz. Please quote your name and address. We would be grateful if you could also provide brief details of what information you want a copy of (this helps us to more readily locate your data).

In some cases, there may be a charge associated with providing copies of your personal information to you. If so, we will advise you of this prior to sending your information to you.

We will not be able to provide your personal information if we do not know or don't have reasonable grounds to believe it is personal information about you or if disclosing the information would involve the unwarranted disclosure of the affairs of another individual.

You can request correction or amendment of the information held by us at any time and as often as necessary by emailing the Privacy Officer at reception@nzb.co.nz and specifying the information that you require changed. If it is reasonable in the circumstances for us to do so, we will make the requested change or correction, otherwise we'll take reasonable steps to mark that information as having been subject to a change or correction request.

We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also, if you are using the internet, remember to sign out of your account and close your browser window when you have finished. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place.

8. Policy changes

We may review this policy from time to time and will notify you of any changes by posting an updated version on our Websites. Your use of our Services and Online Services following any updates constitutes acceptance of this policy as amended. We recommend you regularly review the policy when you use our Services or visit our Websites. If you do not agree with any aspect of the updated policy, you must immediately cease using any of our Services and Online Services.

9. Privacy Officer

In accordance with the requirements of the Privacy Act, we have appointed James Jennings as our Privacy Officer. The Privacy Officer has statutory obligations to:

(a) encourage and ensure New Zealand Bloodstock compliance with the principles of the Privacy Act;

(b) deal with requests made to New Zealand Bloodstock for access to and/or correction of personal information; and

If you have a privacy complaint, for example, you do not wish your personal information to be disclosed, you are receiving unwanted email or texts from us or would like further information about our Privacy Policy, please contact the Privacy Officer in the first instance by emailing the Privacy Officer at reception@nzb.co.nz, marking the subject heading of your email "For the attention of the Privacy Officer".

This document represents our privacy policy as at 1 June 2021.