TERMS AND CONDITIONS acknowledged and accepted by our UK Customer upon ‘electronically agreeing’ to these Terms and Conditions in the form below:
Please be sure that you have read and understand the listed Terms and Conditions.
By completing the form and selecting “I agree” you are accepting LIC UK Terms and Conditions (version 1.0).
TERMS AND CONDITIONS are acknowledged and accepted by the Customer upon completing the form above.
These Terms and Conditions will have continuing effect and will not be terminable.
You means the Customer, being the person or persons who have been supplied services.
LIC UK means Livestock Improvement Corporation (UK) Ltd, a company registered in England and Wales (company registration number 01701017 (ACN 110 259 400) and its assign(s) and/or successor(s).
LIC means Livestock Improvement Corporation Limited, an incorporated New Zealand company (CN 357590) and its assign(s) and/or successor(s).
Group means LIC UK, its subsidiary undertakings, its holding company (LIC) and all subsidiary undertakings of LIC from time to time and in relation to You means any undertaking which is a parent undertaking or subsidiary undertaking of the Licensor or of such parent undertaking. The terms “parent undertaking” and “subsidiary undertaking” having the meanings given to them in section 1162 of the Companies Act 2006.
- CHARGES AND FEES
Charges or fees for services are as published or advised by LIC UK from time to time. LIC UK reserves the right to amend such charges or fees from time to time and such amended charges and fees will apply irrespective of whether that service is provided for a fixed or minimum term.
You must make payment in cleared funds of charges and fees in full by the due date without deduction or set-off. Without limiting any other remedies LIC UK may have in the event of late payment or non-payment of charges or fees it may:
(a) charge interest of up to 1.5% per month on the outstanding amounts calculated on a daily basis;
(b) refuse to supply all non-completed or future services; and/or
(c) recover on a full indemnity basis the costs of recovering or attempting to recover overdue monies;
- PRIVACY STATEMENT
When you deal with LIC UK, register, or make a purchase via its web site you will be asked to provide certain information about yourself. LIC UK may collect personal information from third parties such as credit checking agency, Creditsafe.
Your personal information will be processed for the following purposes:
- to provide the services or information you have requested;
- to check your credit worthiness;
- to send you news, information about our activities and general promotional material which we believe may be useful to you where you have provided your consent;
- to monitor who is accessing the web site or using services offered on the web site;
- for internal record keeping and administration;
- to profile the type of people accessing the web site; and
- to help provide and/or improve LIC UK’s services.
Your personal information may be shared with:
- LIC UK’s Group;
- third parties where necessary for a reasonable business purposes;
- credit checking agency, Creditsafe.
Further details are contained in LIC UK’s Privacy Notice.
- ACKNOWLEDGEMENT AND LIMITATION OF LIABILITY
You acknowledge that farming carries inherent risks and variables which are outside our control and which may affect the results achieved through the use of any services supplied by us. We do not give, and our employees and agents do not have the authority to give, any representation or warranty of any sort, whether express or implied, as to the results and/or performance to be achieved or expected from any services, nor to make any admission against our interests other than as provided in writing by the Chief Executive of LIC for the time being.
Subject to the next paragraph, we shall not be liable for any loss, damage, injury or claim of any kind (including loss of profit, loss of business, loss of opportunity, direct, indirect, consequential or special loss or damage) however caused (whether arising in contract, tort (including negligence) statute or otherwise) suffered by or made against You or any third party and arising in connection with or flowing from any service supplied by us (including a total or partial supply failure or performance impairment), or the use or disclosure (including total or partial non-disclosure) of any information, by us.
Nothing in these Terms and Conditions shall exclude or limit liability of LIC UK or its Group for: (i) death and/or personal injury resulting from the negligence of LIC, its Group or its directors, officers, employees, contractors or agents; (ii) fraud and/or fraudulent misrepresentation by it, or its directors, officers, employees, contractors or agents; (iii) any other losses to the extent they are not capable of excluded of limited by law.
Despite the above, LIC UK’s overall liability under these Terms and Conditions or if we are found to be liable for any loss, damage, injury or claim of any kind, then our aggregate liability, whether arising in contract, tort (including negligence), statute or otherwise in any other circumstances whatsoever including in connection with services, shall not in any event exceed the net purchase price paid by You in respect of the relevant service or, at Our sole discretion, the replacement of such = service.
- GENERAL
Force Majeure: If LIC UK is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control (including but not limited to war, national emergency, pandemic, flood, earthquake, strike or lockout or illness) and is unable to fulfil its obligations, it shall immediately give notice to You and shall do everything in its power to resume full performance of its obligations as soon as possible. Subject to compliance with this clause, LIC UK shall not be deemed to be in breach of its obligations under these Terms and Conditions during the this period of incapacity and You shall continue to perform your obligations under these Terms and Conditions save only in so far as You are dependent on the prior performance of LIC UK of obligations which is cannot perform during the period of incapacity. If the period of incapacity exceeds 3 (three) months then these Terms and Conditions shall automatically terminate unless we agree otherwise with you in writing.
Compliance with laws: You will comply with all applicable laws, regulations and orders in force from time to time including such laws, regulations and orders (i) imposing sanctions (including trade restrictions and economic (including financial) sanctions) on countries, individuals or entities and (ii) relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010.
Whole agreement: These Terms and Conditions contains the whole agreement between LIC UK and You and supersedes any prior written or oral agreement, and LIC UK and You agree they have not entered into this agreement upon the basis of any representations that any not expressly incorporated into these Terms and Conditions. No oral explanation or oral information given by LIC UK or You shall alter the interpretation of these Terms and Conditions.
Joint and several: All agreements on either part of LIC UK and You which comprises more than one person or entity shall be joint and several.
No modification: These Terms and Conditions may not be modified except by an instrument in writing signed by LIC UK and You or our duly authorised representatives.
Severance: In the event that any provision of these Terms and Conditions is declared to be void, voidable, illegal or otherwise unenforceable, it may be severed from these Terms and Conditions and the remaining provisions shall remain in full force and effect.
Assignment: You shall not be permitted to assign, transfer, sub-license or charge any or all of the rights or obligations under these Terms and Conditions without the prior written consent of LIC UK.
VAT: All sums payable to LIC UK are exclusive of VAT which shall where applicable be paid in addition at the rate in force at the due time for payment subject to You being supplied with a VAT invoice.
No partnership: Nothing in these Terms and Conditions shall be deemed to constitute a partnership between LIC UK and You no the relationship of employer and employee under a contract of service nor the relationship of principal and agent.
Third parties: Save for LIC UK’s Group, these Terms and Conditions do not confer any benefit on any person not a party to it whether under the Contract (Rights of Third Parties) Act 1999 or otherwise.
Governing law and jurisdiction: These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter of formation (including non-contractual disputes or claims) is governed by, and will be construed in accordance with the law of England. Both parties submit to the exclusive jurisdiction of the courts of England to settle any dispute or claim that arises out of or in connection with these Terms and Conditions of its subject matter or formation (including non-contractual disputes or claims).
