Terms and conditions
END USER LICENCE AGREEMENT
This end user licence agreement, together with the documents referred to in it (“EULA”), advises you of the terms and conditions upon which we licence you to make use of our website www.horsehub.com ("Site"). Whether you are acting in your own capacity or as an administrator of either a Equestrian Organisation or an advertiser on our Site, this EULA constitutes a legal agreement between a user ("you") and us (defined below) with respect to our website service. Please read this EULA carefully before you start to use the Site. By using our Site, you accept and agree to this EULA. If you do not agree, please do not use our Site.
We represent to you that your contact details will not be passed to any third party outside the Horse Hub company. The use of your data is set out in our Privacy and Cookies Notice, which is also part of this EULA, at www.horsehub.com/privacy
By completing the registration process on our website with us you are representing that
- you have read, understood and agree to be bound by this EULA;
- you consent to receive communications be email and or by post, as per the options you select from time to time, from us and our group of companies;
- you consent to receive notices from our website that relate to the equestrian organisation(s) you affiliate yourself with on registration or from time to time during your membership of Horse Hub;
- in relation to the equestrian organisations that you affiliate yourself with on registration or at from time to time during your membership of Horse Hub, that you are an owner, rider or member of the equestrian organisation, or are a former member of the equestrian organisation or are an employee of the equestrian organisation or have a close association with the equestrian organisation (“Stakeholder”);
- you consent to your name being made visible to the administrator of the equestrian organisation(s) you affiliate yourself with on registration or from time to time, and the nature of your connection with the equestrian organisation; and
- you are at least 18 years old. Our site is only for use by users who are aged 18 or over.
Each registration is for a single user only. We do not permit you to share your name with any other person nor with multiple users on a network. You will be subject to the policies and EULA in force each time that you access our site. If you do not agree to (or cannot comply with) any part of this EULA, do not check the acceptance box and do not attempt to access the Site.
We may revise this EULA at any time including variations in payments and pricing and data handling and to reflect changes in our systems and capabilities and to relevant laws and regulatory requirements by amending this page and we will post a notice on our site when we make changes to this EULA. You are expected to check this page from time to time to take notice of any changes we may make, as such changes are binding on you. Some of the provisions contained in this EULA may also be superseded by provisions or notices published elsewhere on our site.
INFORMATION ABOUT US
- Our Site has been established to enable our member Equestrian Organisations (“Equestrian Organisations”) to have a virtual notice board on our platform (a “Organisation Hub Page”) and for our registered members (“Members”), and those Members, who being Stakeholders, affiliate themselves to Equestrian Organisations, to view the relevant Organisation’s Hub Page and receive notices about such Equestrian Organisations, and for those Members who wish to, to post notices in relation to goods and or services which they have for sale, hire or which they require or events which they are hosting (“Notices”, including “Standard Notices”, “Premium Notices”, being notices given greater prominence on our Site and “Banner Advertisements”).
- www.horsehub.com is a Site which functions only as a facilitator as a virtual notice board. All goods and services advertised or sought by way of posting on the Site are totally independent of us. Our only function is that of an introducer.
- Any sale of goods or any services provided by or for a Member or other user of this Site is the subject of a contract between those requesting services and those who undertake them and we have no financial or other interest in such contract. We are not a party to any such contract and we are not liable in connection with it.
- We make no representation and give no warranty to any user in relation to the sale or procurement of any goods or services via the Site. We do not accept any responsibility or liability under any circumstances for the quality of goods or services obtained or the failure to supply them, from providers or suppliers posting on this Site nor for the non-payment of fees or charges relating to such goods or services, nor do we accept any responsibility or liability for the conduct of either those undertaking the services or those seeking such services. Nor do we give any warranty that those goods or services may be legitimately or legally advertised by such providers or suppliers.
- Neither we nor any Equestrian Organisation shall be responsible to you for damages or otherwise in respect of any error in the Site’s content.
- We cannot accept any liability whatsoever for any consumer rights which a recipient of goods or services may have arising from any transaction which they have carried out with providers or suppliers introduced by the Site.
- Save in respect of any loss resulting from fraud or from death or personal injury caused by our negligence which we do not purport to limit in any way, we hereby exclude to the fullest extent permitted by law any and all liability for any loss, whether direct or indirect or financial or otherwise incurred by any and all users of our Site. www.horsehub.com is a website owned and operated by Horse Hub Limited ("we", "us", "our"), a private limited liability company incorporated in England and Wales under company number 11184676 whose registered office is at Great Tippets Farm, Milland, Hampshire, United Kingdom. GU30 7JX (Horse Hub).
YOUR ACCESS TO OUR SITE
- Access to our site is free but if you wish to post Standard Notices (see clause 5.1 below) or respond to any Notices you will need to register with us.
- If you wish to upgrade to a Premium Notice, Featured Notices or Advertising Banners then not only will you need to register with us but you will also need to pay a Fee (or in the case of Advertising Banners, the relevant Advertising Fee as per clause 1.1 below).
- If you wish to join our Business Club, you will need to nominate an administrator within your organisation and you will need to pay a Fee and enter into our Campaign Booking Agreement so please follow this link to the agreement and payment system blog.horsehub.com/business-club and contact our team by email at email@example.com.
- If you wish to have a greater exposure for your business, you will need to nominate an administrator within your organisation and you will need to pay a Fee and enter into our Campaign Booking Agreement so please contact our team in order to arrange the Campaign you need by email at firstname.lastname@example.org
- If you wish to become a member equestrian organisation you will need to enter into a Product Licence Agreement, so please contact our team by email on email@example.com
- If you are a consumer you have the right to cancel which means you have the right to have your registration with us cancelled and, in the case of paying users, your Fee refunded within 14 days of the date on which you register, or in the case of paying users, pay your Fee but your right to cancel will lapse once you have posted a Notice and we have displayed it on our Site. By posting Notices we assume that you want us to in turn post your Notices on our site as soon as practicable and so you should be aware that we aim to process and post all Notices as soon as you send them to us. This will mean that it is unlikely that you will have much time in which to cancel your contract.
- To cancel a contract in accordance with your legal right as a consumer to do so, you just need to let us know that you have decided to cancel. You can e-mail us via our website at: www.horsehub.com/contact and you should include your registration details to help us to identify you. Your cancellation is effective from the date you send us the e-mail.
- Once you have registered with us and you have posted a Notice (and paid your Fee if applicable) and we have displayed it on our Site we will send you a direct mail to the email address you supply to us on registration or that you update from time to time, and you will be able to reply to this directly although the email addresses, both yours and the email addresses of any party who responds to your Notice will not be disclosed by us. You will be able to choose independently if you wish to share your email address with a third party who responds to your Notice but this is not part of the services we provide.
- If you wish to post Advertising Banners on our Site you will also need to upgrade your registration in order to purchase the Campaign you require, and enter into the Campaign Booking Agreement (see clauses 2.3 and 2.4 above) and pay the relevant Advertising Fee.
- The Advertising Fee is charged on a periodic basis. You can currently pay your Fee by PayPal and from the end of February 2018 you can pay via Stripe. A portion of the Fee you pay to us will be shared with your nominated Equestrian Organisation, or if it is not a member Equestrian Organisation, then it will be shared across our other member Equestrian Organisations.
- If you are a not a consumer but acting for a business you confirm that you have the right to act for and to bind the business you are acting for when registering with us and on whose behalf you use our site to advertise the business.
- In order to post Advertising Banners or other Notices on our Site for your Campaign, you will also need to supply us with certain data and your artwork in the format we require as indicated on our upload page which is a page specifically for your Campaign and we will supply a link to that once you have entered into the Campaign Booking Agreement. If you do not have your artwork in the required format you will need to arrange to have that created before you can proceed. You may wish to use a third party to do this. We can put you in touch with a third party who may be able to assist. You can email us at: firstname.lastname@example.org and we will try to assist in making that introduction.
- Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). From time to time, we may restrict access to visitors to some parts of our Site, or to our entire Site. We will not be liable if for any reason our Site is unavailable at any time or for any period.
- We expressly prohibit objectionable material on our Site and we attempt to monitor regularly the content of the providers and suppliers on the Site for appropriateness. By using this Site you accept that you may come across material from providers or suppliers which may be deemed objectionable and/or of poor quality and that we do not accept any responsibility for it.
- The following standards apply to your use of the Site and the Notices you post and any and all information (including information supplied in the registration process) and content which you supply (together "Content") in any way to our Site.
- You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content as well as to its whole. Failure to adhere to these standards could affect not only us, our Site and our reputation but also the reputation of other users, Equestrian Organisations and our advertisers.
- Content must:
- be accurate (where they state facts).
- be genuinely held (where they state opinions).
- be appropriate for posting on our Site (taking into account that this is intended for Equestrian Organisations, and the Stakeholders in Equestrian Organisations including riders, owners, businesses and staff).
- comply with English law and any other applicable law, which may be that of the jurisdiction in which you and the relevant Equestrian Organisation are based and from which you send your Content.
- Content must not:
- contain any material which is defamatory of any person or entity;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis;
- infringe any copyright, database right or trade mark of any other person;
- be dishonest, fraudulent or likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abusive or invasive of another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to distress, harass, upset, embarrass alarm or annoy any other person;
- be inconsistent with our view from time to time of what is appropriate to post on our Site;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us or from an Equestrian Organisation or one of our advertisers, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; nor
- breach English law or other applicable law.
SUSPENSION AND TERMINATION
- We will determine, in our absolute discretion, whether there has been a breach of this Content standards policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Failure to comply with this Content standards policy constitutes a material breach of this EULA and may result in our taking all or any of the following actions:
- taking down any or all of your Content from our Site including, for example Notices, Standard Notices, Featured Notices and Advertising Banners;
- immediate, temporary or permanent withdrawal of your right to use our Site;
- issue a warning to you;
- start proceedings, legal or otherwise, against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- take further legal action against you;
- disclose such information to the Equestrian Organisation(s) you are associated with and to law enforcement authorities as we feel is necessary or appropriate.
- We exclude liability for actions taken in response to breaches of our Content Standards set out in clauses 3 and 4. The responses described in clause 4.2 are not limited, and we may take any other action we deem necessary or appropriate.
- As a provider of Content to the Site whether such Content is in the form of text, graphics, photographs or any other form you CONFIRM, UNDERTAKE AND WARRANT that:-
- all Content including intellectual property uploaded by you to the Site is your property or property that is licensed to you under an express written agreement which entitles you to upload the Content including intellectual property to the Site;
- your Content including intellectual property does not and will not infringe the intellectual property rights or any other rights of any person or entity;
- your Content including intellectual property will not be defamatory, vulgar, seditious, offensive, indecent, obscene, pornographic, abusive, false, misleading, discriminatory, racist, illegal, potentially libellous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or likely to encourage the same or to bring the Site or our name into disrepute and Horse Hub shall be the sole arbiters of whether or not your Content and/or intellectual property falls into any of these categories;
- your Content including intellectual property will not breach any applicable law whether criminal or civil nor will it give rise to the commission of a wrongful act of any sort;
- your Content including intellectual property will not be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- you will not access the Site or use information gathered from it to send unsolicited emails; and
- you will only use the Site for the purposes referred to in this EULA.
YOU AGREE that:-
- all the information you supply to us in the registration process or thereafter is accurate and complete;
- it is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate;
- it is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you (accepting that we will only use your Personal Data in accordance with the Data Protection Act 1998 and our Privacy and Cookies Policy);
- it is your responsibility to maintain the confidentiality and security of your Personal Data especially your name, username and password, which must also comply with the Content standards in Clause 3;
- you will not allow others, including your children, to use your name, username and password and you will notify us immediately of any unauthorised use of your name, username and password;
- we shall not be responsible for any losses arising out of the unauthorised use of your name, username or password and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal use;
- whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature, and you will not hold us responsible for any damage that results from you accessing the Site (including any software or systems you use to access the Site);
- you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright; and
- variations in computer, browser and operation will create differences in visual layout and usability of the Site and you will not hold us responsible for such operational differences.
MISUSE OF THE SITE
- We reserve the right to suspend or terminate your registration with us or your access to the Site or parts of it without notice if at our sole discretion if we suspect or believe you are in breach of any provision of this EULA. If your access has been suspended or terminated you will not be permitted to re-access the Site without our prior consent.
- You agree to indemnify, and keep indemnified on demand and hold harmless Horse Hub, our directors, employees, contractors, consultants and advisers from and against any and all claims, losses, demands, causes of action and judgments (including all legal fees and court costs) arising from or concerning any breach by you of this EULA or your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
- You may not sub-contract, transfer or otherwise deal with your rights and/or obligations under this EULA.
- We may sub-contract, transfer or otherwise deal with our rights and/or obligations under this EULA in whole or in part.
- We may require you to change your password or any other information which permits you access to request services from providers or suppliers referred to by us on the Site.
- We have the right to withdraw the details of any providers or suppliers from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such withdrawal.
- We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss (including, but not by way of limitation, loss of income, time, profits, business, goodwill or loss of data).
- The computer, internet access and system operated by you and your ability to use the same may affect your ability to use our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view our Site are your responsibility.
- We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.
- The Site is provided "as is" and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by e-mail to email@example.com
- We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.
- We reserve the right to deactivate your account if it has not been active for a period of 36 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.
- Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. Neither we nor the Equestrian Organisation have reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. Neither we nor any Equestrian Organisation therefore endorse or make any representations about such websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
- You may not include a link to our Site, or display the contents of our Site, including any Equestrian Organisation’s marks, and whether surrounded or framed or otherwise surrounded by content not originating from us without prior consent from us or the relevant Equestrian Organisation as the case may be. Any unauthorised framing of or linking to the Site will be investigated, and appropriate action, legal or otherwise will be taken by us, including without limitation, seeking civil, criminal, and/or injunctive redress and may result in the termination of this EULA or resort to other remedies as set out in this EULA or otherwise available to us.
- It is the responsibility of advertisers, sponsors and all third parties on this Site to ensure that all Content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such Content.
INTELLECTUAL PROPERTY RIGHTS
- All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us or the Equestrian Organisation or third party advertisers or licensed to us or the Equestrian Organisation or third party advertisers and is protected by law and we and the Equestrian Organisation or the third party advertiser as the case may be, reserve all rights save as set out in clause 10.2.
- You will infringe our rights if you copy or reproduce any part of the Site save for:
- a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or
- you printing out any pages from the Site as a record of any information you have requested or obtained from it; or
- you printing out a copy of this EULA for your records; or
- your own personal use provided that:
- no documents or related graphics on the Site are modified in any way;
- no graphics on the Site are used separately from the corresponding text; and
- the Horse Hub copyright and trade mark notices and this permission notice appear in all copies.
- Other than for the above four exceptions and the associated conditions, you must not copy the intellectual property in question for any purpose.
- For the purposes of this Clause 10 "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.
- To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this EULA is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law to give the minimum exposure in terms of liability and damages but in no event shall such damages or liability be less than ten British pounds sterling (£10).
- You understand and agree that your use of the Site is at your own sole risk. The Site is provided without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written content, information or advice given by any person shall create a warranty or a representation from us.
- We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system will function correctly with this Site.
- Under no circumstances shall we be liable for any unauthorised use of the Site or its content.
- Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.
- Any notice given under this EULA will be in writing and shall be deemed served if hand delivered to the other party or sent by pre-paid post or by email to the postal address or email address of that party or such other postal address or email address as may be notified under this EULA by that party from time to time for this purpose. Notices will be deemed to be effective on personal delivery, within 48 hours of posting (if the address is in the UK or within 96 hours otherwise), or at the time of sending if sent by email during a business day (being between 09.00 and 17.00 Monday to Friday and not on a bank holiday in England), or if outside business hours then at 09.00 on the next business day.
- Failure to exercise, or any delay in exercising, any right or remedy provided under this EULA or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
- Nothing in this EULA is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
THIRD PARTY RIGHTS
- This EULA is only for the benefit of you and us and no person other than the Equestrian Organisation or third party owners of intellectual property or content displayed on our Site can claim a benefit from this EULA by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this EULA.
ENTIRE AGREEMENT AND GOVERNING LAW
This EULA and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The construction and interpretation of this EULA shall be governed by English law without reference to its conflicts of laws principles. You expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site and/or any dispute arising under this EULA.
You acknowledge that you have read, understood and agree to be bound by the terms and conditions of this EULA including our Privacy and Cookies Policy, available from our website www.horsehub.com/privacy
This EULA was last amended on 19th January 2018.