Terms & Conditions
HORSEQUEST (WWW.HORSEQUEST.CO.UK AND WWW.HORSEQUESTADVANTAGE.CO.UK) TERMS AND CONDITIONS OF REGISTRATION AND USE
These Terms will apply to you, in consideration for the provision of the Services (User Contract). In addition, these Terms govern any contract made between you and Horsequest Advantage Limited by which you subscribe for access to the subscriber-only content and services upon our sites (Subscriber Contract). Once you have entered into a Contract with us (meaning either a User Contract or Subscriber Contract, or both, as applicable) in accordance with these Terms, under each User Contract you will have access to the non-subscriber user Services as further set out on the applicable site and under a Subscriber Contract, you will also have access to member specific content and services for a fixed period of time (Subscription).
Please therefore read these Terms carefully and make sure that you understand them, before purchasing a Subscription or using any of the Services. Please note that before accessing the Services or purchasing a Subscription you will be explicitly asked to agree to these Terms. If you refuse to accept these Terms, you will not be permitted to access or to subscribe to the Services through our sites.
We may amend these Terms from time to time as set out in clause 6. Every time you wish to make use of the Service, please check these Terms to ensure you understand the terms which will apply at that time.
THE HORSEQUEST WEBSITE
HorseQuest acts as a venue which allows users to sell and buy just about anything equestrian, at any time, from anywhere. We are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell or the ability of buyers to buy. Do not assume that the sale, purchase, export or import of any item is valid and legal simply because it is listed on our website. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you. HorseQuest recommends that you have any horse/pony that you wish to purchase vetted prior to purchase by a professional veterinary surgeon independent from the seller. HorseQuest cannot be held responsible for buyers purchasing horses/ponies that are unsuitable for the capability of the purchaser. Buyers buy at their own risk and must take the appropriate professional advice prior to purchasing.
HorseQuest cannot and does not confirm the purported identity of users or the validity of the information which users post to our website.
In the event that you have any right, claim or action against any other user arising from that user's use of our website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release HorseQuest from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
If you are a seller, you must ensure that you are legally able to sell each item described, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction.
You acknowledge that we will commence supplying our services to you as soon as you have pressed the "Submit" button and therefore sent the advert to us, or emailed the advert to one of the Horsequest.co.uk email addresses and you recognize that you have agreed to sell the item and pay the relevant charge for advertising.
All photographs used on the web site must have the prior consent of the photographer. The seller is responsible for gaining any photographers approval prior to forwarding photographs to HorseQuest to use on the web site. HorseQuest cannot be held responsible for any issues arising due to copyright protection on photographs.
Sellers or traders will be responsible for paying all fees associated with using our service and our website and all applicable taxes
If you register for a User ID to enable you to amend or change your advert you are responsible for all actions taken under that User ID. It is your responsibility to keep your User ID safe. You have no right to disclose or transfer your User ID to any other person.
"Your Information" is defined as any information you provide to us or other users in relation to the HorseQuest service (including, without limitation, any description of items listed). You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
1. Contents are only for general information.
2. The HorseQuest web site is updated regularly. However, we hereby exclude any warranties as to the quality, accuracy, completeness, performance, fitness for a particular purpose of the Site or any of its contents.
3. HorseQuest and its owners will not be liable for any damages without limitation, damages for any consequential loss or loss of business opportunities or loss of profits; However, arising from the use of or inability to use the HorseQuest Site, or any of its contents, or from any action or omission taken as a result of using the Site or any of its contents.
4. This Site contains material in the form of advertisements submitted by third party advertisers and we accept no responsibility for the content or accuracy of such advertisements, nor do we make any guarantee of the contents of this Site in respect of the existence or availability of anything advertised whatsoever.
5. We make no warranty that the contents of the Site are free from infection or viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
6. Where part of the Site contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with all legal requirements. Although acceptance of advertisements on the Site is subject to our discretion, we do not accept liability in respect of any advertisements.
7. All standard adverts are for one horse, pony, vehicle or item / service only and no substitutions are allowed. Horsequest will disallow substitute adverts.
8. All adverts must be marked at Private or Trade via the “P” or “T” designation. We may immediately suspend or terminate the contract and remove an advert if we believe you to be a trade seller masquerading as a private seller – See TRADE ADVERTISING below
9. All liability is excluded to the extent permitted by law including any implied terms.
10. ALL photographs used on the web site MUST have the prior consent of the photographer. The seller is responsible for gaining any photographers approval prior to forwarding photographs to HorseQuest to use on the web site. HorseQuest cannot be held responsible for any issues arising due to copyright protection on photographs.
WEB SITE LINKS
11. HorseQuest accepts links to third part web sites. No web site links will be accepted if the web site being linked to is a competitor to HorseQuest in any way. If the web site being linked to offers, accepts, promotes or is associated with another web site that supplied online advertisements from third party advertisers the web site link will be rejected.
12. If an advertiser is found to amend or alter their web site to offer third party online pet classified after the processing of their advertisement then HorseQuest has a right to immediately withdraw their web site link without warning and no refund will be given. If HorseQuest rejects a web site link as it is infringement with the terms and conditions prior to processing the advertisement a full refund will be made.
13. The web site address stated in the advertisement must be the web site address that the link points to. Redirection of web site links to a different web site will not be accepted.
13. Any adverts submitted to HorseQuest with references to the following in the description of the advertisement will have the information removed without notification before the advertisement is processed. This will be at HorseQuest's discretion.
* References to web sites
* Links to web sites
* Details of companies in competition with HorseQuest
14. You should note that certain links on the Site lead to resources located on servers maintained by third parties over whom we have no control and accordingly we accept no responsibility or liability for any of the material contained on those servers.
REFUSAL OF ADVERTISEMENTS
HorseQuest accepts advertisements at its own discretion. HorseQuest has a right to reject any advertisments if it does not comply with the terms and conditions of advertising. HorseQuest does not have to justify its reasoning for the rejection of any advertisements.
If an advertiser is stopped from advertising on the web site for whatever reason (which HorseQuest does not have to justify), they will receive notification of this in an email or by letter. The advertiser must then not submit advertisements to HorseQuest, this includes advertisements submitted from their companies or businesses, companies or business associated to them or any person submitting adverts on there behalf. If after notification of HorseQuest decision to no longer allow their advertisements any advertisements submitted to HorseQuest which are submitted from them, their companies or businesses, or any person submitting advertisements on there behalf will be dealt with as follows.
* Prior to the advertisement being processed a refund less £2.50 admin charge will be made.
* If the advertisement is processed and it then comes to light that the advertisement is related to or has been submitted on behalf of the banned advertiser, the advertisement will be immediately withdrawn and no refund will be made.
If an advertiser does not comply with HorseQuest Terms and Conditions of Advertising HorseQuest will withdraw any advertisers advert from the web site without warning and no refund will be made.
HorseQuest will reject adverts from advertisers who are under 18 years old.
All standard adverts are for one horse, pony, vehicle or item / service only and no substitutions are allowed. Horsequest will disallow substitute adverts.
If you are a trader acting in the course of your business, you are not permitted to place any advert as a private advert and/or otherwise pass yourself off as a private seller. The Consumer Protection from Unfair Trading Practices Regulations 2008 requires all adverts placed by people who seek to sell goods in the course of business to make the fact clear. This requirement applies whether the advertiser is acting on his own behalf, or for some other person. Customers should be able to tell whether an advert relates to a sale by a trade or private seller. It is the responsibility of the advertiser to comply with the Regulations. If you are a trader acting in the course of your business, it is an offence, for which you may be prosecuted, not to advertise the fact that you are a trader.
We may, in our sole discretion, remove any advert that has been placed as private which we reasonably believe has been placed by a trader acting in the course of a business. In such circumstances, you will not be entitled to any refund for the advert in question and you may be charged an administration fee by us.
If on submission and payment of an advertisement to HorseQuest the advertiser decides not to have the advertisement processed the advertiser must contact HorseQuest by email or telephone providing the advertisement reference number requesting that the advertisement is not processed. A full refund will then be made but only if the advert has not already appeared live on the Horsequest website. (This excludes banned advertisers who will be charged an admin fee of £2.50 per advertisement, please see section on refusal of advertisements.)
No refunds will be made after the advertisement has been processed and placed live on the HorseQuest web site. The only exceptions to this will be at HorseQuest discretion and only in exceptional circumstances. Any refunds given at this point will be subject to a £10 admin charge.
EMAILS SENT FROM ADVERTISEMENTS ON THE WEB SITE
19. Emails sent from advertisements on the web site in response to any advertisement are copied to HorseQuest. This is clearly stated at the top of the email advertiser form.
20. HorseQuest will filter and reject and therefore will not forward to the advertiser any emails that are sent though the web site which are considered scam emails, emails sent from competitors web sites or from web sites / email addresses or people associated with, in connection with or promoting any web site which may be considered in competition with HorseQuest. This includes any person associated with, in connection with or promoting any business offering online pet advertisements to third parties. Emails sent through the web site in response to advertisers that state any of the above or has any references to web sites will also be automatically rejected. Any rejected emails will be checked and will be forwarded to the advertiser if HorseQuest feels they were filtered in error.
Horsequest (UK) Limited and Horsequest Advantage Limited (together referred to as we, us, our) are committed to protecting and respecting your privacy.
This policy (together with our terms and conditions http://www.horsequest.co.uk/13/terms-conditions and www.horsequestadvantage/terms any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
By visiting www.horsequest.co.uk and www.horsequestadvantage.co.uk (our sites) you are accepting and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 1998 (the Act), Horsequest (UK) Limited (company number 07103122) and Horsequest Advantage Limited (company number 10273599) both with registered office address of 8 King Edward Street, Oxford, OX1 4HL are each a data controller in respect of your personal data.
Information we collect from you
Horsequest Advantage Limited will collect and process the following data about you where you are using or registering to use our site as a potential customer.
Horsequest (UK) Limited will collect and process the following data about you where you are using or registering to use our site as an advertiser.
Information you give us.
This is information about you that you give us by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, subscribe to our service, sign up to receive our newsletter, become a member of our site, place an advert on our site, search on our site, enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, personal description and photograph.
Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:
· technical information, including the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
· information about your visit, including successful and failed login attempts, the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), methods used to browse away from the page and any phone number used to call our customer service number.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
• .ASPXAUTH: Only used when someone has logged in, and generated by the .NET framework.
• ASP.NET_SessionId: Used for every session, and is generated by .NET framework
• Google Analytics together with
o _ga: generated by Google Analytics
o _gat: generated by Google Analytics
oldPaging: may be used to determine if infinite loading of adverts or pagination should be used for returning users.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our site.
Uses made of the information
We will use this information:
· to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
· to provide you with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which you have already purchased or enquired about. If you are a new customer we will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way please tick the relevant box situated on the form on which we collect your data (the registration form);
· to notify you about changes to our service;
· to ensure that content from our site is presented in the most effective manner for you and for your computer.
· as part of our efforts to keep our site safe and secure;
Disclosure of your information
You agree that we have the right to share your personal information with selected third parties including:
· our website developer, Elypsis Pty Ltd, for the purposes of storing your information and supporting and improving our website;
· Rackspace, for the purposes of hosting your website and storing your data including in our content management system.
· Dot Mailer, our mail management company who may store your personal data and use it for the purposes of sending newsletters out about us, on our behalf
Where you place on advert on our site, we will publish the contact details that you provide in relation to that advert on our site for the purposes of allowing interested third parties and potential purchasers to get in touch with you directly. We do not have any involvement in any transactions arising from advertising which is placed on our website.
We will disclose your personal information to third parties:
· If Horsequest (UK) Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
· If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of and conditions www.horsequest.co.uk/13/terms-conditions and other agreements; or to protect the rights, property, or safety of Horsequest (UK) Limited, our customers, or others.
Where we store your personal data
All information you provide to us is stored on secure servers, hosted by Rackspace.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
1 Information about us
1.1 The websites www.horsequest.co.uk and www.horsequestadvantage.co.uk (together our sites, and each a site) are operated by Horsequest (UK) Limited, and Horsequest Advantage Ltd respectively (us, our, we). Both are companies registered in England and Wales with the following details:
1.1.1 Horsequest (UK) Limited - company number 07103122 and with our registered office at 8 King Edward Street, Oxford, OX1 4HL. Our main trading address is 2 Southill, Cornbury Park, Charlbury, Oxon, OX7 3EW. Our VAT number is 805 8149 26; and
1.1.2 Horsequest Advantage Limited - company number 10273599 and with our registered office at at 8 King Edward Street, Oxford, OX1 4HL. Our main trading address is 2 Southill, Cornbury Park, Charlbury, Oxon, OX7 3EW.
1.2 You may contact us in respect of either of our sites by e-mailing us at enquiries@Horsequest.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 13.2.
2.1 Subject to your compliance with these Terms, you will have access to the Services provided through our sites.
2.2 Please note that we reserve the right to withdraw or amend the Services we provide on our sites. You acknowledge that these are websites that are delivered to you by means of the internet and that it is an inherently unreliable medium, and that we should therefore not be liable to you if for any reason either of our sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our sites, or the entirety of our site or sites to users who have purchased a subscription.
2.3 It is your sole responsibility to ensure that information on our sites which is provided by you is correct. We do not monitor any user posted content on our sites for reliability and accuracy. Therefore we cannot make any representation or give any guarantee or warranty as to the completeness or accuracy of the information contained in any user posted content or accept any responsibility for this as we are merely providing access to such information to you.
2.4 Our sites are directed to people residing in the United Kingdom. We do not represent that content available on or through our sites is appropriate or available in other locations. We may limit the availability of our sites or any service described on our sites to any person or geographic area at any time. If you choose to access our sites from outside the United Kingdom, you do so at your own risk.
2.5 You may not mirror or frame any material from our sites and you agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience whether to us or any subscribers or the users of our sites by any means including the use of the our sites for persistently sending unsolicited communications (also known as ‘spamming’).
2.6 You must not misuse our sites by knowingly introducing any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored nor any server, computer or database connected to our sites. You must not attack any of our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.
3.1 In addition to the Services, in consideration of any payment made for the Subscription for a site, details of which are set out on the “Subscription” page of the respective site, available at: http://www.horsequestadvantage.co.uk/about (Subscription Fee) such details also forming a binding element of these Terms, and subject to your compliance with these Terms, you will have access to all services, content and benefits available to subscribers through that site.
3.2 The instructions on a site will guide you through the process for purchasing a Subscription. Please take the time to read and check the details of your Subscription at each stage of the registration process.
3.3 After you purchase a Subscription, you will receive a confirmation e-mail from us acknowledging that your Subscription has been purchased. Once you have received this e-mail, you will have the option to print an invoice from that site setting out the details of your Subscription Contract (Invoice).
3.4 We reserve the right to amend, remove and otherwise change the Services, content and benefits available to subscribers through our sites at any time by providing you with prior written notice. Where you are unhappy with such changes, you may terminate your Subscription Contract in accordance with 3.6 below, and shall receive a pro-rata refund of your Subscription Fee calculated from the date of the changes, or the date of notice of cancellation (whichever is the earlier).
3.5 Your Subscription will last for the initial period of 1 month, from the date you sign up to the Subscription (Sign Up Date), and shall automatically renew each month following the Sign Up Date (Renewal Date) until terminated in accordance with clause 3.6 below (Subscription Period).
3.6 No termination notice will be accepted earlier than the date 14 days following the Sign Up Date (Minimum Period). Following the Minimum Period, you may terminate your Subscription Contract by providing us with not less than 5 Business Days’ notice either in writing, by e-mail), or using our online cancellation form. Where any notice is provided less than 5 Business Days prior to any Renewal Date, your Subscription Contract shall terminate the following month.
3.7 We may refuse applications for a Subscription, or cease to provide the Services at our sole discretion. Any payments made for a Subscription Period which extends beyond the date of us ceasing to provide the Services will be refunded on a pro-rata basis taking into account the benefit of the Subscription Period for which you have had access to the Services.
3.8 We may suspend or cancel your Subscription at our sole discretion. Except where your Subscription is cancelled due to your breach of these Terms, in which case any credit balance will be retained and set off against our losses arising from such breach, any payments for that suspension period or a Subscription Period which extends beyond the date of cancellation will be refunded on a pro-rata basis taking into account the benefit of the Subscription Period for which you have had access to the Services.
3.9 If we decide to increase the basis upon which we charge for our Subscription we will provide you with 1 months’ notice, by email to the email address that you registered with this, and you shall have the opportunity to terminate your Subscription in response at that point, if you do not wish to receive the Subscription upon the new rate. If you do not terminate the Subscription Contract in response to our email providing you with notice by your continued use of your Subscription you will have indicated that you accept the increased rate and any more up to date terms and conditions that may apply.
4 How we use your personal information
5 Advert Content, Authority and Agreement
5.1 To be eligible to use our Services or to purchase a Subscription, you must (i) have full legal capacity to enter into a contract; (ii) if you are an individual, be at least 18 years old. You further represent and warrant to us that you have authority to bind any business on whose behalf you use our sites or purchase a Subscription or otherwise access the Services.
5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that in purchasing a Subscription you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
5.5 In registering on our sites you agree to the following:
5.5.1 by lodging material with us for publication to our sites or authorising or approving the publication of any material onto our sites you warrant that:
(a) you have all required consents, licenses or permission to use the material;
(b) the material complies with all applicable laws and regulations in the UK and in any country from which it is posted;
(c) the material is not:
(i) defamatory, obscene, offensive, threatening, hateful, abusive or inflammatory;
(ii) made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(iii) does not infringe any intellectual property rights of any other person or entity;
(iv) promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(v) false, fraudulent, misleading or inaccurate, including giving the impression they emanate from us (or any other person or company), if this is not the case;
(d) you either own or are legally entitled to sell each item listed and that the sale of such item is legal in the jurisdiction in which the buyer is resident and such item is not counterfeit or stolen;
5.5.2 whilst we do not monitor the sites in order to ascertain whether or not you have acted in accordance with the above obligations if we determine that you are in breach of any of the terms of this 5.5.1, we may, in our absolute discretion, take any such action as we deem appropriate, including (but not limited to): removing any content uploaded by you to our sites; issuing a formal warning to you; suspending or terminating your access to our sites; reporting your actions to the appropriate authorities; or taking legal action against you. For the avoidance of doubt YOU MUST OWN OR HAVE A LICENCE TO USE ANY AND ALL IMAGES THAT YOU USE WITHIN YOUR ADVERTS.
5.5.3 we are not responsible for verifying the identity of any users nor are we responsible for the purchase of any products, services animals or vehicles and you accept that any purchase is at your own risk and are responsible for obtaining any appropriate professional advice required prior to purchasing;
5.5.4 In the event that you have any right, claim or action against any other user arising from that user's use of our sites, you agree to pursue such right, claim or action independently of and without recourse to us, and you release us from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action;
5.5.5 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to any of our sites in any website that is not owned by you. Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice.
5.5.6 Upon adding an advert to a site by clicking the “submit” button you acknowledge that we will commence supplying our services immediately and that you will be charged for the advert in full. Each advert is for a single horse, pony, vehicle or item and substitutions are not accepted on any adverts other than yard advertisments.
5.5.7 and you shall indemnify us in full against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of 5.5.1 – 5.5.6 above.
6 Our right to vary these Terms
6.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you purchase a Subscription from us, the Terms in force at the time of your purchase will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your Subscription from time to time to reflect the following circumstances:
6.3.1 changes in relevant laws and regulatory requirements; or
6.3.2 where changes are made to our sites or the Services; or
6.3.3 where we change the supplier that operates the sites on our behalf.
6.4 If we have to revise these Terms as they apply to your Subscription (including an increase to the Subscription Fee in 7.2 below), we will contact you to give you advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. Where you cancel your Subscription we will arrange a refund of the Subscription Fee you have paid on a pro-rata basis, taking into account the benefit of the Subscription Period for which you have had access to the Services.
7 Subscription Fee
7.1 The Subscription Fee will be as quoted on the site at the time you purchase your Subscription. We take reasonable care to ensure that the Subscription Fees are correct at the time when the relevant information was entered onto the system.
7.2 In accordance with clause 3.9 the Subscription Fee may change from time to time, but changes will not affect any Subscription you have already purchased.
7.3 The quoted Subscription Fee will, unless otherwise indicated on the site, exclude any sales or other local tax which shall, if applicable, be payable by you in addition at the rate from time to time in force.
8 How to pay
8.1 You can only pay for a Subscription using the payment methods listed on our site and once submitted these are processed by our contractors. The terms and conditions for these payment services are available on request.
8.2 Payment for a Subscription is made in advance and your card will be charged on the Sign Up Date and shall be charged monthly thereafter. Transactions made through our sites will be in Pounds Sterling. If you wish to pay with any other currency, the exchange rate and any additional transaction charges will be controlled and applied by the issuing bank and not us. We will not be liable for any additional charges incurred in respect of this.
8.3 Please note that the minimum subscription period is one month, and our Services will be provided immediately from the Sign Up Date. Therefore you will not be entitled to a refund in respect of the first month of your Subscription if you terminate your Subscription Contract in accordance with clause 3.6.
9 Your account and use of the Services
9.1 You must treat your account details, including your username and password, as confidential, and not disclose them to any third party other than those employees or members of your business who have your authority to access our sites.
9.2 If you know or suspect that anyone other than a third party you have specifically authorised knows your user identification code or password, you must promptly notify us at email@example.com.
9.3 You are responsible for any activities that occur under your account. We shall not be liable to you or any third party for any loss or damage which may arise as a result of any failure by you to keep your password or account confidential.
9.4 Our sites may only be used for lawful purposes. You are prohibited from violating or attempting to violate the security of our sites or using them to obtain products or services not properly ordered and fully paid for.
9.5 You may not interrupt or attempt to interrupt the operation of our sites in any way or send unsolicited email messages ('Spam') to or through our sites or otherwise harass the site owner, provider, or other users.
9.6 Our sites may contain references or cross references to products that are not available in every country.
9.7 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our sole opinion you have failed to comply with any of the provisions of these Terms.
10 Our Provision of the Services
10.1 We will make reasonable efforts to keep the Services operational at all times. Technical difficulties may result in temporary interruptions to the Services.
10.2 No interruptions to the Services shall entitle you to a refund of any payment already made by you.
10.3 We are under no obligation to provide any content for the Services and reserve the right to upload, remove, vary or otherwise deal with any content provided on our sites from time to time.
11 Licence and intellectual property
11.1 Any content you upload to our sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you by these Terms you grant us and other users of our sites a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to any of our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
11.2 “Horsequest” is our registered trade mark and neither the name of the company, nor any logo or device incorporating that mark or our company name shall be used without our prior written consent.
11.3 All intellectual property rights, and all other rights including goodwill, whether now known or created in the future, in the content provided through the Services is our property and shall vest in us.
11.4 Under the User Contract and the Subscriber Contract we grant you a limited, non-exclusive, revocable licence to view, access, download or print content provided through the Services (Licence). When you download or print any content, you must ensure that all copyright, trade mark and other proprietary notices comprised within that content are retained.
11.5 You shall not assign or sub-licence your rights under the Licence.
11.6 Your Licence does not permit you to:
11.6.2 amend or modify;
11.6.6 broadcast; or
11.7 content or material provided via the Services, use any of our trade marks, or authorise or assist anyone else to do so without our express prior written consent.
11.8 If you breach the terms of this clause 11, we may, in our absolute discretion, terminate your right to use any of our sites immediately and in any event you must, at our option, return or destroy any copies of the materials you have made
12.1 Nothing in these Terms limits or excludes our liability for:
12.1.1 death or personal injury caused by our negligence; or
12.1.2 fraud or fraudulent misrepresentation;
12.2 Subject to clause 12.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.2.1 any loss of profits, sales, business, or revenue;
12.2.2 loss or corruption of data, information or software;
12.2.3 loss of business opportunity;
12.2.4 loss of anticipated savings;
12.2.5 loss of goodwill; or
12.2.6 any indirect or consequential loss.
12.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
12.3.1 use of, or inability to use, our sites; or
12.3.2 use of or reliance on any content displayed on our sites.
12.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on them, or on any website linked to them.
12.5 We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
12.6 Subject to clauses 12.1 to 12.5 above, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the total Subscription Fees paid by you under the Contract in the relevant year.
12.7 You shall remain solely responsible for compliance with your legal duties and obligations, including (but without limitation) in respect of all sales or services provided to your own customers.
12.8 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the content provided through the Services is suitable for your purposes.
13 Communications between us
13.1 When we refer, in these Terms, to "in writing", this will include e-mail.
13.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service to:
Horsequest (UK) Limited
Horsequest Advantage Limited
Or, in respect of either company, by e-mail to firstname.lastname@example.org.
13.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after receipt.
13.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14 Confidential information
14.1 Any non-personal information or material, save for financial information, sent to us will be deemed NOT to be confidential. By sending us any non-personal information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless:
14.1.1 you grant us permission to do so;
14.1.2 we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or
14.1.3 we are required to do so by law.
15 Promotions and Competitions
15.1 From time to time, we may choose to run promotions for subscribers including specific offers or discount opportunities (Promotional Offers) or competitions (Competitions) via our sites. In addition to these Terms set out above and below, any description and terms of each Promotional Offer or Competition set out on the site (Promotion Terms or Competition Terms) shall also apply.
15.2 All of our Promotional Offers are also subject to the following specific terms and conditions:
15.2.1 Promotional Offers are only valid for individual advertisers and may not be used by commercial advertisers.
15.2.2 Promotional Offers may only be used against full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated;
15.2.3 Promotional Offers are valid for a limited period of time as specified in the original marketing communication containing the Promotional Offer and cannot be used outside of that period;
15.2.4 Promotional Offers are valid online and on telephone orders;
15.2.5 discounts are not redeemable against any advertised products, unless specifically stated otherwise in the Promotion Terms;
15.2.6 if any purchase subject to a Promotional Offer is refunded for any reason, we will only refund the amount actually spent, taking into account the total discount given under the Promotional Offer;
15.2.7 if you are ordering on the telephone, please confirm to our representative about the Promotional Offer you are seeking to use before concluding your order. Please note that no Promotional Offer can be applied retrospectively; and
15.2.8 all purchases are subject to availability and we reserve the right to withdraw, amend or extend Promotional Offers at any time.
15.3 To the extent that the Promotional Offer in question involves the supply of a code which can be used to apply a discount if your order meets the terms of the Promotional Offer (Promotional Code), the following additional terms and conditions apply:
15.3.1 Promotional Codes cannot be used in conjunction with any other offer unless otherwise stated in the Promotion Terms;
15.3.2 if using the Promotional Code online, enter it as requested during the check-out process;
15.3.3 Promotional Codes are for use by the intended recipient only and proof of entitlement to use a Promotional Code may be requested; and
15.3.4 All orders using Promotional Codes are subject to our acceptance and any improper use of Promotional Codes may result in the cancellation of your order.
15.4 All of our Competitions are also subject to the terms of entry, particular rules and prize or prizes (and any terms relating to that) that are specific to that competition, in addition to which every competition should be considered to incorporate the following specific terms and conditions:
15.4.1 There will be a specified prize, which may be subject to its own terms and conditions which will be set out in the Competition Terms. Use of such a prize shall constitute acceptance of those terms and conditions.
15.4.2 You will be deemed to have accepted these terms and conditions and to have agreed to be bound by them when entering any Competition.
15.4.3 Entries can be made by filling in your name, address and email on the Competition entry form and confirming the answer to the competition question on our sites. Entries that are lost, incomplete, illegible or indecipherable, in our sole discretion, will not be valid and you will be disqualified.
15.4.4 Each entrant may enter the Competition only once. No purchase is required.
15.4.5 Entrants must be residents of the United Kingdom and aged 18 or over. We may need to see proof of age. Providing any false details will result in disqualification, and the immediate withdrawal of any prize entitlement.
15.4.6 Competitions are not open to our employees, agents or their families.
15.4.7 We reserve the right to cancel or change the Competition Terms at any stage, if deemed necessary in our sole opinion.
15.4.8 We cannot guarantee that the prize will be free from disruptions, failings and/or errors, and we cannot be held to be liable for any act or omission of the prize provider, and you now agree not to hold us at fault for any act or omission of the prize provider.
15.4.9 Our decision is final and no correspondence will be entered into.
15.4.10 In consideration of being awarded the prize, the winner may be required by us to take part in publicity related to the prize, and you now confirm that you will take part in such publicity if you are a winner. Such publicity may include, without limitation, use of your name, using photographs of you taken by us at and/or in relation to any prize event, and statements made by you concerning the prize which we can use in our marketing.
15.4.11 We will not in any circumstances be responsible or liable to compensate a prize winner or accept any liability for any loss or damage occurring as a result of taking up a prize, except where it is caused by our negligence.
15.5 To the extent that there is any conflict between these Terms and the Promotion Terms or Competition Terms (as applicable), then the Promotion Terms or Competition Terms (as applicable) will apply.
16 Other sites
17 Other important terms
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.