Equine Dealers Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PLATFORM

These terms and conditions (interchangeably referred to as ‘terms of use’) lay out you the rules for using our website www.equinedealers.com (the “platform”), a platform designed to allow individuals (the “reviewer“ or “reviewers”) to write reviews about horse and equine dealers operating in the United Kingdom (the “dealer” or “dealers”). Both reviewers, dealers and other individuals using our platform are interchangeably referred to as ‘users’. If you log on to or use any part of our platform you agree to these terms and conditions.

WHO WE ARE AND HOW TO CONTACT US

To contact us, please email admin@equinedealers.com

BY USING OUR PLATFORM YOU ACCEPT THESE TERMS

By using our platform, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our platform or the services offered through our platform.

For the avoidance of doubt, our platform is only available to be used by individuals who are aged 18 years old and above. Any other individuals may not open an account, access the platform, or use the services on their own.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our platform:

• Our Cookie Policy, which sets out information about the cookies on our platform.
• Our Privacy and Data Protection policy, which sets out information about how we use your data and our compliance with GDPR regulation.
• Our Acceptable Use policy, which sets out the acceptable usage of our platform.

WE MAY MAKE CHANGES TO THESE TERMS

We reserve the right to amend these terms from time to time. Every time you wish to use our platform, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR PLATFORM

We may update and change our platform from time to time to reflect changes to our services, our users’ needs and our business priorities.

WE MAY SUSPEND OR WITHDRAW OUR PLATFORM

Our platform is currently made available free of charge.

We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

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 reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

HOW YOU MAY USE MATERIAL ON OUR PLATFORM

We are the owner or the licensee of all intellectual property rights in our platform such as our logo, graphics, design etc. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our platform for your personal use and you may draw the attention of others to content posted on our platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our platform must always be acknowledged.

You must not use any part of the content on our platform for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our platform in breach of these terms of use, your right to use our platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This platform includes information and materials uploaded by other users of the platform. Although monitored, such content is not always approved by us.

RULES ABOUT POSTING A REVIEW

Details of dealers may be added to the platform by Equine Dealers directly or may be suggested by reviewers and then subsequently be approved for addition to the platform by the Equine Dealers technical team. Dealers are organised into area and county. Dealers may then be reviewed by being given a star rating out of 5 alongside a written review by reviewers who have signed up via Facebook to our platform. The name and profile picture from the Facebook account of the reviewer is then stored next to the review when it is published on our site. Equine Dealers retains the right to remove any review which does not follow our guidelines. For further details about our interaction with Facebook, please see our Privacy and Data Protection policy.

When posting a review, reviewers agree that they will oblige with the following posting guidelines:

• They ensure any details provided in the review are chosen carefully, at all times being aware that the information on the review will be available for public viewing.
• The material they are posting is their own original material and they are authorised to provide it to our platform and it does not infringe the copyright, trade mark or privacy or other rights of a third party;
• They have had real, direct, first hand experience of the dealer and their experience is not based on the experience of a friend or relative or heresay and is not fabricated;
• Reviewers must not write reviews for dealers who are family members, who they are employed or work for, that is a competitor to their own or a family member’s business, in exchange for any gift or payment, or where the interaction with the dealer occurred more than 48 months prior to the review being posted.
• They will not mention private or personal details of the dealers being reviewed except to the extent that such numbers or addresses relate to their business operation.
• Negative feedback is acceptable and we aim to uphold the principal of free speech, but reviewers are encouraged to provide constructive criticism. Reviewers at all times must not use profanities, threats, hate speech, racially or sexually explicit language, defamatory remarks or other prejudiced speech. For further details of the types of language not allowed, please see our ‘Content Standards’ in our Acceptable Use Policy.

The views expressed by other users on a Site do not represent our views or values.

Users agree to grant us permission, irrevocably and free of charge, to use the material posted in any way we want on any website or otherwise (including altering and adapting it for operational or editorial reasons) in any media worldwide, which may include syndicating the material to selected third party social media and networking sites.

Equine Dealers do not have a duty to publish any material you have provided. We have the right to:

• reject or refuse to post any material you have provided;
• remove any material from any our platform regardless of whether or not the material goes against any of these conditions; or
• restrict, suspend or stop your access to all or any part of any our platform, at any time.

REPORTING A REVIEW AND REVIEW TAKE DOWN

We do not edit, pre-approve or review all reviews displayed on our website, although we may do this with some reviews. Dealers have the option to notify us that they want to request a ‘take down’ regarding such material. If users believe that any review does not comply with the posting guidelines set out above or our Content Standards, please notify us immediately. Dealers can make a request for a ‘take down’ of any post relating to their business by emailing us for a review. We will then review the material and, if we deem it appropriate, remove the material within a reasonable time. Equine Dealers will assess the review concerned and remove or amend it if we find that it does not comply with our policies. If, after investigation, we find that the review is genuine and complies with our policies and guidelines, we reserve the right to retain the posting on our platform.

RULES ABOUT POSTING HORSES FOR SALE

Horse sellers may subscribe to advertise horses they have for sale on our platform.

We do not edit, pre-approve or review all horses displayed on our website, although we may do this with some horses posted.

Any content relating to advertising a horse for sale must:

• be accurate (where they state facts)
• be genuinely held (where they state opinions)
• Comply with any UK law or any laws applicable in the country from which they are posted

INDEMNITY

Users shall indemnify Equine Dealers against any loss or damage suffered or incurred by www.equinedealers.com as a result of any third party claim (including any claim or allegation by any governmental authority) that:

(a) the use or publication of any content provided user infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;

(b) our use of data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or

(c) otherwise arises as a result of a user’s non-compliance with any of their representations, warranties or obligations set out in these terms and conditions.

OUR LIABILITY OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so
• We exclude all implied conditions, warranties, representations or other terms that may apply to our platform or any content on it
• We will not be liable to you 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:
• use of, or inability to use, our platform; or
• use of or reliance on any content displayed on our platform

Individuals reading the content on our platform should not rely on our platform for advice. All users acknowledge and agree that we make no warranty and give no representation of any kind in relation to third party data and we accept no responsibility or liability for inaccuracy in or arising out of third party data.

Under no circumstances will Equine Dealers or any other organisation or individual involved in creating, producing, maintaining or distributing any part of our platform be liable for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):

i. loss of revenue;

ii. loss of actual or anticipated profits (including for loss of profits on contracts);

iii. loss of anticipated savings;

iv. loss of business;

v. loss of opportunity;

vi. loss of goodwill;

vii. loss of reputation;

viii. loss of, damage to or corruption of data or software;

ix. wasted expenditure; or

x. any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt, where such loss or damage is of the type specified in i. to vi. above).

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy and Data Protection Policy.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our platform. You should use your own virus protection software.

You must not misuse our platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our platform, the server on which our platform is stored or any server, computer or database connected to our platform. You must not attack our platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence. 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 platform will cease immediately.

RULES ABOUT LINKING TO OUR PLATFORM

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 our platform in any website that is not owned by you.

Our platform must not be framed on any other site, nor may you create a link to any part of our platform other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact admin@equinedealers.com

MISCELLAENOUS

Failure of either party to assert its rights in relation to any breach of these conditions shall not constitute a waiver of such rights, nor will any such waiver be implied.

Each provision of these conditions shall be construed separately and shall be severable from these terms and conditions. If any provision of these terms and conditions (or portion thereof) is rendered invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of these conditions will not be affected or impaired.

A person who is not a party to these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these terms and conditions.

GOVERNING LAW AND DISPUTES

Whether you are a consumer or business user, please note that these terms of use, their subject matter and their formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve disputes.

You are covered for this. Your platform is for reading reviews only and you are not liable for acts of the individual dealers or their horses. You cannot be liable for decisions people take as a result of reading reviews on your platform (see the highlighted line “we will not be liable to you for any loss or damage in connection with…use of or reliance on any content displayed on our platform”).