These Website Terms and Conditions ("Terms") govern the use by the Users of the Service located at www.equineclub.co.uk (the “Website”) by Users. Please read these Terms carefully and ensure that you have understood them. By clicking on the button marked “I Accept” or by viewing or using any part of the Website and/or the Service, you warrant that you understand and accept these Terms. If you do not agree to these Terms, please cease all use of the Website and/or Service immediately.
For the avoidance of doubt, the General Conditions under Section A shall be applicable to all Users of the Website and/or the Service. If you are a Guest Member or a Member in accordance with these Terms, the applicable Special Conditions set out herein shall apply in addition to the General Conditions.
Section A: General Conditions
The following words and expressions shall have the following meanings:
“Charges” means the charges payable to Equine Club in respect of the provision of the Chargeable Service and Subscription, as set out in www.equineclub.co.uk;
“Chargeable Service” means in respect of the Member, having access to certain features and functionalities on the Website for a specific duration and which are more particularly described on the Website and in accordance with the Member’s Subscription;
“End User” means, where applicable, an end user to the Member’s service;
“Equine Club” means Equine Club Limited, a company registered in England and Wales with company number 6138388 and whose registered office is at Oak Lodge, Green Lane, Burnham-on-Crouch, Essex, CM0 8PU;
"Content" means all information (in all current and future formats) created by the Guest Member and Member, submitted to and/or published by Equine Club on the Website including, without limitation, audio files, visual files, emails, messages, forum postings, Guest Member and Member Profiles, word documents, excel spreadsheets, presentations, business descriptions and advice of all nature;
“Contract” means the contract between Equine Club and you either as a Non Registered User, a Guest Member or a Member in respect of the relevant and applicable Service and which incorporates these Terms;
“Effective Date” means the earlier of the date on which (i) either a Guest Member and/or Member clicks on the “I Accept” button; or (ii) the date on which the Non Registered User first views or Uses any part of the Website;
“Guest Member” means a person who is registered with Equine Club and has access to all features and functionalities of the Non Chargeable Service which are more particularly described on the Website and under Section B herein;
“Intellectual Property Rights” means all intellectual property rights including without limitation, performer’s reproduction rights, performer’s distribution rights, performer’s rental rights and performer’s lending rights (collectively referred to as “Performer’s Property Rights”), patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registerable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
“Member” means a Guest Member who has paid the Charges in accordance with the terms herein and has access to the Chargeable Service in accordance with its Subscription and which are more particularly described on the Website and set out in Section C;
“Network” means the electronic communications network used by us to provide the Service;
“Non Chargeable Service” means the services (or part thereof) accessible to the Non Registered User, the Guest Member and the Member without charge or any other services deemed non chargeable by us which are available on the Website;
“Non Registered User” means a person who is not registered with Equine Club as a Guest Member and/or Member and to whom Equine Club has granted access to (i) view and Use the Website; and (ii) use certain features and functionalities of the Non Chargeable Service as described on the Website;
“Privacy Statement” means such policy in relation to data protection and privacy as is displayed on the Website from time to time;
"Profile" means information, including without limitation, the name, address and company details relating to the Guest Member and the Member (which may or may not be fully accessible by other Guest Members and Members) held by Equine Club and published on the Website;
“Purpose” means to copy, display, distribute, host, retain for archiving purposes, publish for publicity and marketing purposes in respect of the Service and/or the Website;
“Service” means the Chargeable Service, the Non Chargeable Service and any other additional services which may be made available by Equine Club to the Non Registered Users, Guest Members and Members to the Website;
“Subscription” means the applicable subscription packages of the Chargeable Service made available to the Member as more particularly described on the Website;
“Us” or “We” means Equine Club, its employees, agents, representatives and subcontractors;
"Use" means having access to the relevant and accessible Service (including where applicable, the Subscription) as a Non Registered User, Guest Member or Member and “Using” shall be construed accordingly;
"Website" means www.equineclub.co.uk; and
“You”, “you”, “Your” or “your” means, where applicable, the Non Registered User, the Guest Member and the Member.
2. Information About Us
2.1 This Website (and its domain name) is owned and managed by Equine Club and/or its licensors.
2.2 Equine Club may be contacted by writing to Oak Lodge Green Lane Burnham on Crouch Essex CM0 8PU or by email at email@example.com
3. Registration and Access to the Service
3.1 You may at our sole our sole discretion, access certain features and elements of the functionalities of the Non Chargeable Services as a Non Registered User.
3.2 In the event you wish to access all the features and functionalities of the Non Chargeable Service, you shall be required to register your details with us for no charge as a Guest Member.
3.3 If you wish to have access to the Chargeable Service and all features and functionalities of the Non Chargeable Service in accordance with the applicable Subscription, you shall be required to register your details with us as a Member.
3.4 By Using the Website and/or the Service, you warrant that you have the right, authority and capacity, in respect of your status as a Non Registered User, Guest Member or a Member to enter into and be bound by these Terms.
4. Formation of the Contract between you and the Equine Club
4.1 The date for the commencement of your Contract with Us shall be determined as follows:
4.1.1 if you are a Non Registered User, then upon your first use of the Website; or
4.1.2 if you are a Guest Member, then upon the registration of your details with Us; or
4.1.3 if you are a Member, then upon the date of payment of the Charges and such Contract (including the applicable Sections) shall be effective and in force until terminated by either party in accordance with clause 9 hereunder.
4.2 Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for any reason whatsoever to:
4.2.1 accept or reject your application as a Guest Member and/or Member; and/or
4.2.2 refuse you access to the Website and/or Service or part thereof.
5. Our Obligations to you
5.1 We shall use our reasonable endeavours to make the Website and/or Service and any additional service that we agree to provide available to you at all times, but we cannot guarantee an uninterrupted and fault free service.
5.2 Notwithstanding the foregoing, Equine Club has the sole and absolute discretion to accept, modify, edit, vary, re-format, or reject the Contents submitted to it by the Guest Member and Member for the publication of such Contents on its Website.
5.3 Our ability to provide the Service and the availability of the Website may be impaired by conditions or circumstances that are beyond our control, including, without limitation third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system and the number of other Non Registered Users, Guest Members and Members logging onto the Website, server and Network at the same time.
5.4 The Network is not controlled by Equine Club and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of the Network. Such circumstances may result in the Service and/or the Website being temporarily unavailable. Equine Club will take reasonable action to minimise the disruption caused by such circumstances, but some such interruptions may not be avoidable.
5.5 We reserve the right to make changes to the Chargeable Service, Non Chargeable Service and the Website or part thereof, from time to time, provided that such changes have no material adverse effect on the quality of the Service provided to you and we may from time to time add, remove, modify and/or vary any elements of features and functionalities of the Service.
5.6 Equine Club also reserves the right from time to time to monitor your Use of the Website and/or Services.
6. Your Obligations to us
6.1 You shall comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Service in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations.
6.2 You hereby warrant and undertake to us that you have the legal capacity to enter into these Terms and You shall at all times:
6.2.1 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the Network;
6.2.2 not re-sell, promote for resale or for any commercial use the Service and/or the Website or engage in any other similar commercial activities;
6.2.3 comply with instructions issued by Equine Club (or its employees or representatives) from time to time relating to the Website and/or Service;
6.2.4 co-operate with reasonable security or other checks or requests for information made by Equine Club from time to time;
6.2.5 not use the Website and/or Service and shall not do anything that will infringe any Intellectual Property Rights or other rights of any third parties, including without limitation, posting any information (in any format) on the Website which may be deemed to be obscene, defamatory, libellous or slanderous, or which may cause injury to, invade the privacy of or otherwise violate other rights of any person;
6.2.6 not use any information obtained using the Website and/or the Service otherwise than in accordance with these Terms;
6.2.7 contact our Customer Service immediately by emailing us at firstname.lastname@example.org or contacting us at 01621 782 208 if You suspect fraudulent, unlawful or illegal use of the Website and/or the Service;
6.2.8 shall notify Equine Club immediately of any circumstances where any Intellectual Property Rights or any other rights of any third party may have been infringed;
6.2.9 use the information retrieved from the Service and/or the Website at your own risk and that you shall be solely responsible for any illegal conduct, infringement of any third party Intellectual Property Rights and/or any breaches in any applicable laws and legislations;
6.2.10 not do anything which involves the transmission of junk mail, chain letters, unsolicited mass mailing, instant messaging, “spimming” or “spamming”; and
6.2.11 comply with all applicable laws, regulations and legislations in respect of your Use of the Website and/or the Service.v
6.3 Subject always to the provisions in clause 6.2, where you Use the Website and/or Service as a Guest Member or a Member, you undertake:
6.3.1 to provide to us true, correct and accurate information;
6.3.2 to promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate;
6.3.3 not to submit postings of whatsoever nature on the Website which is or may be construed to:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material of any kind;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities including but not limited to violating someone else’s privacy or providing or creating computer viruses; and
- solicit password or any other personally identifying information from other users of the Website and/or Service for unlawful and illegal purposes.
6.4 Where you are a Guest Member or a Member, we may provide you with login details to access the certain features and functionalities of the Non Chargeable and Chargeable Services. You shall keep your login details confidential and secure. Without prejudice to Equine Club’s other rights and remedies, we reserve the right to promptly disable your login details and suspend your access to the Service (in part or in whole) in accordance with clause 9 if we have reason to believe that you have breached this clause 6.4.
6.5 For the avoidance of doubt, as a Non Registered User, Guest Member or Member of the Service, you shall at all times be fully liable for the breach of any of these Terms by using a third party using your login details to access the Service.
6.6 Equine Club reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the terms set out in this clause 6.
7. Intellectual Property and other Proprietary Rights
7.1 Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Equine Club to You, any Intellectual Property Rights owned by and/or licensed to Equine Club and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Equine Club and/or its licensors.
7.2 Unless otherwise expressly set out to the contrary, all Intellectual Property Rights in the Content shall remain exclusively with You and/or Your licensors.
7.3 You are expressly prohibited from:
7.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
7.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to Equine Club; and doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website and/or Service or could be considered an infringement of any of the Intellectual Property Rights owned and/or licensed to Equine Club without first obtaining the written permission of the owner of such Intellectual Property Rights.
8.1 Subject to these Terms, you hereby grant Equine Club an exclusive, perpetual, non-terminable, transferable, sub-licensable and royalty-free licence to use the Intellectual Property Rights owned by and/or licensed to you in the Content and in any information provided to you by the End User (the “End User Intellectual Property Rights”) for the Purpose.
8.2 You hereby unconditionally and irrevocably waive all moral rights attaching to the Content pursuant to Chapter IV of Part I of the Copyright, Design and Patents Act 1988 and any similar or corresponding rights.
8.3 You hereby consent to the use and exploitation by Equine Club of all the Intellectual Property Rights owned by you pursuant to Part II of the Copyright, Design and Patents Act 1988.
8.4 You hereby agree that Equine Club may
8.4.1 upon obtaining prior consent from You (such consent not to be unreasonably withheld), refer to You in any of its marketing material as a customer of Equine Club and refer to the type of services that Equine Club has provided to You; and
8.4.2 use any of your trademarks and/or logos in Equine Club marketing and publicity materials for its publicity and marketing purposes.
8.5 You shall hereby indemnify Equine Club against all losses, liabilities, costs and expenses (including without limitation legal costs) arising from, in connection with or incurred by reasons of any infringement of any third party Intellectual Property Rights by the use and/or possession of the Content and/or the End User Intellectual Property Rights by Equine Club for the Purpose.
9. Term and Termination
9.1 Subject to clause 9.2 and unless otherwise expressly set out to the contrary in these Terms, our Contract with you shall remain in force:
9.1.1 where you are a Non Registered User, for the duration in which you Use the Website; or
9.1.2 where you are a Guest Member, for the duration of your registration with us; or
9.1.3 where you are a Member, for the period as set out in your Subscription.
9.2 Equine Club reserve the right to suspend and/or terminate your access to the Website and/or the Services if:
9.2.1 the Network owner ceases to make the Network available to Us;
9.2.2 we believe that You and/or someone using your login details has failed to comply with one or more of these Terms;
9.2.3 we believe that there has been fraudulent use, misuse or abuse of the Website and/or the Service;
9.2.4 we believe that you have provided us with false, inaccurate or misleading information in respect of your registration and/or Use of the Website and/or the Service; or
9.2.5 we believe that You are in the business of re-selling, promoting the Services for resale or if you are otherwise engaged in other similar and/or commercial activities.
9.3 For the avoidance of doubt, if your Service has been terminated by Us in accordance with these Terms, your access to the Service (in whole or in part) as a Non Registered User, a Guest Member or a Member shall cease.
9.4 Upon the termination of your Service and unless otherwise expressly set out to the contrary, we shall use our reasonable endeavours and at your expense, to return to you the Content and/or End User Intellectual Property Rights.
10.1 The Website may include facts, views, opinions, advice and recommendations from other Guest Members and Members which may or may not be endorsed by Equine Club and Equine Club shall to the maximum extent permitted by law exclude all liability in respect of the reliability, legality, legitimacy, accuracy, correctness, defamatory nature, completeness, timeliness or otherwise of all information published or made available to you on the Website and/or the Service.
10.2 All information published on the Website and/or made available through the Service including without limitation the Content, is intended as information only and does not in any way constitute advice of any nature. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. Your use and reliance on the information made available on the Website and/or through your use of the Service shall be at your own risk and Equine Club shall not be liable whatsoever for any damages and loss which you may incur as a result of or in connection with your use and reliance of such Content.
11. Exclusion of Warranties and Liabilities
11.1 Unless expressly provided to the contrary in these Terms and to the maximum extent permitted by law, Equine Club excludes all representations, warranties, obligations and liabilities in connection with the information provided through the use of the Service and/or the Website, including but not limited to warranties of satisfactory quality, merchantability, non-infringement of Intellectual Property Rights, accuracy, completeness, reliability, fitness for a particular purpose or otherwise.
11.2 To the maximum extent permitted by law, Equine Club shall not be liable for any loss, injury or damage caused in whole or part by failures, delays, interruptions or otherwise of, the provision of the Service and/or the provision of access to the Website; and shall not be liable for any indirect and consequential including without limitation, loss of profits, loss of business or business prospects, loss of reputation and good will, loss of management time or damages, loss of investments (financial or otherwise) or loss of opportunities arising out of, or relating to the use, inability to use, or reliance of the information provided through the Service and/or made available on the Website or any decision of whatsoever nature made or action taken in reliance or partial reliance on the information provided through the Service and/or made available on the Website.
11.3 Notwithstanding the foregoing, Equine Club’s maximum aggregate liability to you under, arising from or in connection with this terms herein whether arising in contract, or tort (including negligence) or otherwise, shall not exceed in aggregate the amount paid by you to Equine Club in accordance with the terms herein in the twelve (12) months preceding the date of the claim.
11.4 In the event that you have a claim or right of action against any other Non Registered User, Guest Member or Member arising from their Use of the Service, you agree to pursue such claim or action independently of and without any demands from Equine Club, and you fully and completely release Equine Club from all claims, liability and damages arising from or in any way connected to such claim or action.
11.5 In the event that a claim or action is brought against Equine Club in connection with or arising from your activities or Use of the Service and/or the Website, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend Equine Club in such claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow Equine Club to assume the exclusive defence and control of such matter.
11.6 Links to third party websites may from time to time appear on the Website. Such third party websites are not the responsibility of Equine Club and Equine Club accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
12. Privacy Statement
13.1 Equine Club may alter or amend these terms and conditions by giving reasonable notice on the Website. By continuing to Use the Service and/or the Website after expiry of the notice period, you will be deemed to have accepted any amendment to these terms and conditions. If, on receipt of such notice, you wish to terminate your agreement with Equine Club, you may do so by giving Equine Club not less than seven (7) day's notice, such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.
13.2 These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms.
13.3. These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.
13.4 You may print and keep a copy of these Terms, which form the entire agreement between you and Equine Club and supersede any other communications or advertising in respect of the Service and/or the Website.
13.5 No delay in exercising or non-exercise by you and/or Equine Club of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Equine Club’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.
13.6 If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.
13.7 Equine Club shall not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Equine Club. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.
Section B: Special Conditions for Guest Members
B1. Your Non Chargeable Service
B1.1 In consideration for your registration with us and your compliance with these Terms, we shall use our reasonable endeavours to provide you with access to all the features and functionalities of the Non Chargeable Service as set out in the details for Guest Members under JOIN Now
B1.2 You are entitled to, subject to the terms herein, upgrade your Guest Member status to become a Member of the Chargeable Service.
B2. Your rights to Terminate the Service
B2.1 You may cancel your registration with us at any time by sending us an email at email@example.com with your login details but please note our cancellation policy on refunds.
Section C: Special Conditions for Members
C1. Your Chargeable Service
C1.1 In consideration for the payment of the Charges in accordance with these Terms, we shall use our reasonable endeavours to provide you with your specific Subscription, details of which shall be accessible by you at www.equineclub.co.uk.
C2. Payment for the Chargeable Service
C2.1 You shall pay for such Chargeable Service in advance using your credit card, debit card, or any other acceptable method of payment, as set out on the Website. We reserve the right to withhold or cease provision of the Chargeable Service where payment has not been received.
C2.2 On payment of the relevant Charges in accordance with your Subscription, you hereby agree and consent to the immediate commencement of the performance of the Chargeable Service by Equine Club such that on payment of such relevant Charges, you can immediately access the Chargeable Service using the Website.
C2.3 Subject to the provisions of the Terms herein, you agree and acknowledge that due to the nature of the Chargeable Services, the Charges shall be non-refundable and that any request for the refund of such Charges shall be entirely at our sole and absolute discretion.
C3. Additional Member Obligations
C3.1 You shall, where applicable, procure that the End User shall, at all times fully comply with the terms of this Agreement.
C4. Additional Warranties and Exclusion of Liabilities
C4.1 You hereby warrant that:
C4.1.1 you shall, at all times, be solely and wholly responsible for the information, goods and/or services (where relevant) provided by you on the Website;
C4.1.2 the Intellectual Property Rights in the Content and/or the End User Intellectual Property Rights (or part thereof) is owned by and/or licensed to you and you have the right to use the Intellectual Property Rights in the Content and/or the End User Intellectual Property Rights in respect of and in contemplation of the Services herein;
C4.1.3 the Content and/or the End User Intellectual Property Rights do not infringe any Intellectual Property Rights of any third party;
C4.1.4 you have not been notified of nor are you otherwise aware of any claims or threats of any claims of any infringement of any such Intellectual Property Rights of any third party by the use and/or possession of the Intellectual Property Rights in the Content and/or the End User Intellectual Property Rights; and
C4.1.5 you shall comply with all applicable law, legislations and regulations in respect of your Use of the Services and/or the Website.
C5. Your rights to Terminate the Service
C5.1 Subject to Section C2.2, you may terminate the Service by giving us not less than thirty (30) days prior notice to Equine Club at firstname.lastname@example.org.