AOS COMPLIANCE DECLARATION

1.1Purpose

This Compliance Declaration (“Declaration”) forms part of the AOS Legal Framework and must be accepted by every Organizer before publishing an auction through the Platform.

The purpose of this Declaration is to confirm that the Organizer acknowledges and accepts its legal responsibilities in connection with the organization, administration and execution of the auction.

1.2Scope

This Declaration applies to every auction published through AOS Equestrian, regardless of:

• the discipline;
• the type of auction;
• the number of Lots offered;
• the country in which the Organizer is established;
• the location of the Lots;
• or the nationality of participating Buyers.

1.3Relationship with Other Legal Documents

This Declaration shall be read together with:

• the AOS Platform Terms;
• the AOS Standard Auction Terms;
• the Privacy Policy;
• the Cookie Policy;
• and any additional legal policies incorporated into the Platform.

In the event of any inconsistency, the Platform Terms shall prevail except where mandatory applicable law requires otherwise.

1.4Organizer Acknowledgement

By accepting this Declaration, the Organizer acknowledges that:

• it has read this Declaration in full;
• it understands its legal obligations;
• it accepts responsibility for complying with applicable laws;
• it understands that AOS relies upon the statements made in this Declaration when allowing an auction to be published.

1.5Electronic Acceptance

Acceptance of this Declaration through the Platform constitutes a legally binding declaration made electronically.

The Platform shall retain an electronic record of the Organizer’s acceptance, including the applicable timestamp and audit information.

2.1Legal Authority

The Organizer declares and warrants that it has the full legal authority to organize the auction and to publish each Lot offered through the Platform.

Where the Organizer acts on behalf of another individual or legal entity, the Organizer confirms that it has obtained all necessary authorizations to do so.

2.2Authority to Offer the Lots

The Organizer declares that each Lot offered through the Platform may be lawfully marketed and offered for sale.

To the best of the Organizer’s knowledge, no Lot is subject to any legal restriction, contractual prohibition or third-party right that would prevent its lawful sale through the auction.

2.3Legal Capacity

The Organizer declares that it possesses the legal capacity to enter into binding agreements and to perform all obligations arising from the auction.

Where the Organizer is a legal entity, the individual accepting this Declaration confirms that they are duly authorized to bind that entity.

2.4Accuracy of this Declaration

The Organizer declares that all statements made in this Declaration are true, complete and accurate to the best of its knowledge at the time of acceptance.

The Organizer acknowledges that AOS relies upon these statements when permitting publication of the auction.

2.5Continuing Obligation

The Organizer agrees to notify AOS without undue delay if any statement contained in this Declaration becomes materially inaccurate before the completion of the auction.

Failure to do so may result in suspension of the auction, removal of the affected Lots or other measures reasonably necessary to protect the integrity of the Platform.

3.1Compliance Commitment

The Organizer declares that it will organize and conduct the auction in compliance with all applicable laws and regulations in the jurisdictions relevant to the auction, the Lots and the participating Buyers.

3.2Regulatory Compliance

The Organizer acknowledges that it is solely responsible for complying with any legal or regulatory requirements applicable to its activities, including, where relevant:

• commercial laws;
• consumer protection laws;
• tax regulations;
• animal welfare legislation;
• veterinary regulations;
• import and export requirements;
• sanctions laws;
• anti-money laundering regulations;
• data protection legislation.

3.3International Transactions

The Organizer acknowledges that Buyers may participate from multiple countries and accepts responsibility for complying with any legal obligations applicable to international transactions, including the lawful transfer of ownership and any required export or import documentation.

3.4No Reliance on the Platform

The Organizer acknowledges that publication of an auction through AOS does not constitute legal, regulatory or governmental approval of the auction.

The Organizer remains solely responsible for ensuring that its auction complies with all applicable legal requirements.

3.5Responsibility for Compliance

The Organizer understands and accepts that compliance with applicable law cannot be delegated to AOS.

AOS provides only the technological infrastructure for conducting online auctions and does not assume responsibility for the Organizer’s legal or regulatory obligations.

4.1Accuracy of Information

The Organizer declares that all information published through the Platform is accurate, complete and not intentionally misleading to the best of its knowledge at the time of publication.

This includes, where applicable:

• horse descriptions;
• pedigree information;
• breeder and studbook details;
• photographs;
• videos;
• veterinary documentation;
• competition records;
• breeding records;
• commercial terms.

4.2Duty to Update

The Organizer agrees to update any material information that becomes inaccurate or incomplete before the auction closes.

Where appropriate, the Organizer shall promptly notify registered Buyers of any significant changes affecting a Lot.

4.3Veterinary Information

The Organizer declares that any veterinary documentation made available through the Platform has been obtained lawfully and uploaded in good faith.

The Organizer further declares that no veterinary report or diagnostic material has been knowingly altered, falsified or intentionally misrepresented.

4.4Animal Welfare

The Organizer declares that all horses offered through the Platform have been managed in accordance with applicable animal welfare laws and regulations.

The Organizer shall not knowingly offer any horse for sale where doing so would violate applicable animal welfare legislation.

4.5Responsibility

The Organizer acknowledges that it remains solely responsible for the accuracy of all information published and for the welfare-related compliance of the Lots offered through the auction.

5.1Sole Responsibility

The Organizer acknowledges that it remains solely responsible for:

• the organization of the auction;
• the accuracy of all published information;
• compliance with applicable laws;
• the contractual relationship with Buyers;
• the transfer of ownership;
• payment administration;
• and the fulfilment of all obligations arising from the auction.

AOS acts solely as the provider of the technological infrastructure through which the auction is conducted.

5.2Reliance by AOS

The Organizer acknowledges that AOS relies upon the representations and declarations contained in this Compliance Declaration when allowing an auction to be published on the Platform.

5.3False or Misleading Information

The Organizer understands that providing false, inaccurate or misleading information may result in one or more of the following actions by AOS:

• suspension of the auction;
• removal of one or more Lots;
• suspension or termination of the Organizer’s account;
• reporting to competent authorities where required by applicable law;
• any other remedies available under the AOS Legal Framework.

5.4Continuing Effect

This Declaration shall remain effective throughout the duration of the auction and shall survive its completion to the extent necessary to address any legal, regulatory or contractual matters arising from the auction.

5.5Final Declaration

By electronically accepting this Compliance Declaration, the Organizer confirms that:

• all statements contained in this Declaration are true and accurate to the best of its knowledge;
• it accepts full responsibility for complying with all applicable laws and regulations;
• it understands that AOS does not organize, manage or act as a party to the auction;
• it accepts that this Declaration forms part of the contractual relationship between the Organizer and AOS and is legally binding to the fullest extent permitted by applicable law.

6.1Electronic Acceptance

The Organizer acknowledges and agrees that acceptance of this Compliance Declaration through the Platform constitutes a legally binding declaration equivalent to a handwritten signature, to the fullest extent permitted by applicable law.

6.2Electronic Records

AOS shall maintain an electronic record of the Organizer’s acceptance of this Compliance Declaration, which may include:

• the Organizer’s account;
• the date and time of acceptance;
• IP address or equivalent technical identifiers;
• audit logs;
• the version of this Compliance Declaration accepted.

Such records may be used for operational, compliance, audit and evidentiary purposes, to the extent permitted by applicable law.

6.3Version Control

The Organizer agrees to be bound by the version of this Compliance Declaration accepted at the time the relevant auction is published.

AOS may update this Declaration for future auctions. Any updated version shall apply only after it has been accepted by the Organizer in connection with a subsequent auction.

6.4Severability

If any provision of this Compliance Declaration is held to be invalid, unlawful or unenforceable by a court or competent authority, the remaining provisions shall remain in full force and effect.

6.5Governing Framework

This Compliance Declaration shall be interpreted together with the AOS Platform Terms and the AOS Legal Framework.

Where a conflict exists between this Declaration and the AOS Platform Terms, the Platform Terms shall prevail, except where mandatory applicable law requires otherwise.

6.6Final Confirmation

By accepting this Compliance Declaration, the Organizer confirms that:

• it has carefully read and understood this Declaration;
• it voluntarily accepts all obligations contained herein;
• all statements made are true and accurate to the best of its knowledge;
• it understands that this Declaration forms part of the contractual relationship between the Organizer and AOS and may be relied upon by AOS in operating the Platform.

7.1Entire Declaration

This Compliance Declaration, together with the AOS Platform Terms and any other documents expressly incorporated by reference, constitutes the entire declaration made by the Organizer regarding legal compliance in connection with the relevant auction.

7.2No Waiver

Failure by AOS to enforce any provision of this Compliance Declaration shall not constitute a waiver of that provision or of any other rights available under the AOS Legal Framework or applicable law.

7.3Continuing Cooperation

The Organizer agrees to cooperate in good faith with AOS where reasonably requested to:

• verify information;
• respond to compliance enquiries;
• provide supporting documentation;
• investigate suspected fraud;
• comply with lawful requests from competent authorities.

Nothing in this section requires the Organizer to disclose information protected by applicable law or legal privilege.

7.4Survival

The representations, warranties and obligations contained in this Compliance Declaration shall survive the completion, cancellation or termination of the auction to the extent necessary for:

• regulatory compliance;
• audit purposes;
• dispute resolution;
• enforcement of contractual rights;
• compliance with applicable law.

7.5Governing Law

This Compliance Declaration shall be governed by the governing law established in the AOS Platform Terms, unless mandatory applicable law requires otherwise.

7.6Final Acknowledgement

By accepting this Compliance Declaration, the Organizer confirms that:

• it has read and understood every provision of this Declaration;
• it accepts full legal responsibility for the matters declared herein;
• it understands that AOS relies upon these declarations when providing access to the Platform;
• it acknowledges that any material breach of this Declaration may result in suspension or termination of its access to the Platform, without prejudice to any other contractual or legal remedies available.

8.1Effective Date

This Compliance Declaration becomes effective immediately upon its electronic acceptance by the Organizer through the Platform.

It shall apply to the relevant auction and any related activities carried out through the Platform.

8.2Applicability

The Organizer acknowledges that a new acceptance of this Compliance Declaration may be required when publishing future auctions, particularly where the Declaration has been updated or where required by applicable law.

8.3Electronic Signature

The Organizer agrees that acceptance of this Compliance Declaration by selecting the corresponding acceptance mechanism within the Platform constitutes a valid electronic signature and creates a legally binding declaration, to the fullest extent permitted by applicable law.

8.4Record of Acceptance

AOS shall retain an electronic record of the Organizer’s acceptance, including the applicable version of this Compliance Declaration, the date and time of acceptance and other relevant audit information.

Such records may be used as evidence in connection with compliance, contractual matters or legal proceedings, to the extent permitted by applicable law.

8.5Final Statement

By accepting this Compliance Declaration, the Organizer confirms that:

• it has read and understood this Compliance Declaration in its entirety;
• it voluntarily accepts all obligations contained herein;
• all declarations made are true and accurate to the best of its knowledge;
• it understands that AOS relies upon this Compliance Declaration as a condition for allowing the publication and operation of auctions through the Platform.

9.1Amendments

AOS may update this Compliance Declaration from time to time to reflect changes in applicable laws, regulatory requirements, Platform functionality or operational practices.

Any updated version shall apply only to auctions published after the Organizer has accepted the revised Declaration.

9.2No Assignment

The Organizer may not assign or transfer the rights or obligations arising under this Compliance Declaration without the prior written consent of AOS.

9.3Independent Relationship

Nothing in this Compliance Declaration creates a partnership, joint venture, agency, employment or fiduciary relationship between the Organizer and AOS.

The Organizer acts independently and remains solely responsible for its own business activities.

9.4Interpretation

Section headings are provided for convenience only and shall not affect the interpretation of this Compliance Declaration.

Unless the context requires otherwise:

• words in the singular include the plural and vice versa;
• references to persons include both natural persons and legal entities;
• references to legislation include any amendments, replacements or successor legislation.

9.5Entire Agreement

This Compliance Declaration, together with the AOS Platform Terms and the documents expressly incorporated by reference, constitutes the complete agreement between the Organizer and AOS regarding the compliance representations made by the Organizer in connection with the publication of auctions through the Platform.

9.6Contact

Any questions relating to this Compliance Declaration may be submitted through the official support channels published on the Platform.

9.7Final Confirmation

By accepting this Compliance Declaration, the Organizer expressly confirms that:

• it has carefully reviewed every provision of this Declaration;
• it understands the legal consequences of its acceptance;
• it accepts full responsibility for the truthfulness of the statements made herein;
• it understands that AOS relies on these representations when providing access to the Platform and allowing the publication of auctions.

10.1Binding Effect

This Compliance Declaration is legally binding upon the Organizer from the moment of its electronic acceptance through the Platform.

It shall remain effective for the duration of the relevant auction and for as long as necessary to enforce any rights or obligations arising from it.

10.2Reliance by AOS

The Organizer acknowledges that AOS relies upon this Compliance Declaration when determining whether to permit the publication and operation of an auction through the Platform.

The Organizer understands that any material misrepresentation may affect AOS’s ability to provide its services.

10.3Continuing Accuracy

The Organizer confirms that the representations made in this Compliance Declaration are accurate at the time of acceptance and undertakes to notify AOS promptly if any material change occurs that could affect their accuracy before the completion of the auction.

10.4Reservation of Rights

Nothing in this Compliance Declaration limits the rights of AOS to:

• suspend or terminate access to the Platform;
• suspend or remove an auction or any Lot;
• request additional information or documentation;
• cooperate with competent authorities;
• exercise any contractual or legal remedy available under the AOS Legal Framework or applicable law.

10.5Entire Compliance Declaration

This Compliance Declaration constitutes the complete declaration made by the Organizer regarding legal compliance in connection with the publication of the relevant auction and supersedes any previous compliance representations relating to that auction.

10.6Final Acceptance

By electronically accepting this Compliance Declaration, the Organizer expressly declares and confirms that:

• it has read this Compliance Declaration in its entirety;
• it fully understands the obligations and responsibilities set out herein;
• all statements and representations made are true, complete and accurate to the best of its knowledge;
• it accepts full legal responsibility for compliance with all applicable laws relating to the organization and conduct of the auction;
• it acknowledges that AOS acts solely as the provider of the technological infrastructure and is not the organizer, seller or contracting party to the auction;
• it agrees that this Compliance Declaration forms an integral part of the AOS Legal Framework and is legally binding to the fullest extent permitted by applicable law.

10.7Language and Prevailing Version

This document may be provided in translated versions for convenience.

In the event of any discrepancy or conflict of interpretation between the English version and any translation, the English version shall prevail.