The Equine Advertiser User Agreement

This Agreement describes the terms and conditions applicable to your use of our services at The Equine Advertiser If you do not agree to be bound by this Agreement, you may not use or access our services

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and our Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference.

The Equine Advertiser Website

The Equine Advertiser website acts as a venue allowing it’s users to buy and sell all things equestrian, at any time, from anywhere where there is access to the web. We are not involved in transactions between buyers and sellers and 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.

Here at The Equine Advertiser we highly recommend that you have any horse or pony that you wish to purchase vetted prior to purchase by a professional veterinary surgeon independent from the seller. The Equine Advertiser cannot be held responsible for buyers purchasing horses or 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. The Equine Advertiser 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 The Equine Advertiser 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 website and be aware 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 logged on to our site or you have sent an advertisement to us, and you also recognise that you have agreed to sell the item and pay any relevant charge for advertising.

The Equine Advertiser cannot be held responsible for any issues arising due to copyright protection on photographs. All photographs used on our website must have the prior consent of the photographer and the seller is responsible for gaining any photographers approval prior to forwarding photographs to us for use on the web site.

Sellers or traders will be responsible for paying all fees associated with using our service and our website and all applicable taxes in GB Pounds Sterling. If you register for or are allocated 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 – please be aware that you have no right to disclose or transfer your User ID to any other person.

You are solely responsible for all the Information you provide to us or other users in relation to the services provided by The Equine Advertiser (including, without limitation, any description of items listed) and we act as a passive conduit for the online distribution of this information.

The Information you provide and your activities on The Equine Advertiser website must not:  

     ·         Be false, inaccurate or misleading.

     ·         Be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or                  any other rights.    

     ·         Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or                  rights of publicity or privacy.

     ·          Be fraudulent or involve the sale of counterfeit or stolen items.

     ·          Be in breach of any applicable laws or regulations

     ·          Create liability for The Equine Advertiser or cause us to lose (in whole or in part) the   services of                   our ISPs or other suppliers.

     ·         Link directly or indirectly to or include descriptions of goods or services that:

               (a) are prohibited  under this Agreement;

               (b) are considered as indirect or direct competition to The Equine Advertisers business or

               (c) include any data that may contain any computer viruses, macro viruses, Trojan horses, worms                       or anything else designed to interfere with, interrupt or disrupt the normal operating                                       procedures of our systems or to surreptitiously intercept, access without authority or                                       expropriate any system data or personal information.          

               (d) Cause our website to be interrupted, damaged, rendered less efficient or create a situation                              such that the effectiveness or functionality of our website is in any way impaired.

Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your use of The Equine Advertiser site and refuse to provide our services to you without notice to you if you breach this Agreement or the documents incorporated by reference or if we are unable to verify or authenticate any information you provide to us or if we believe that your actions may cause legal liability for you, our users or us. Please note that Your Information will be stored and processed on our computers in the UK.

The Equine Advertiser will hold and transmit your Information in a safe, confidential and secure environment and we will never sell or rent your personal information to third parties except those described in this agreement.

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

We will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Agreement.

We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

This Agreement shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

ADVERTISMENT CONTENTS

·         Contents are only for general information.

·         The Equine Advertiser 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.

·         The Equine Advertiser 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 Equine Advertiser website, or any of its contents, or from any action            or omission taken as a result of using the Site or any of its contents.

·         This Site contains material in the form of advertisements and information submitted by third parties              and and we accept no responsibility for the content or accuracy of such information and we do not            make any guarantee of the contents of this Site in respect of the existence or availability of anything            advertised whatsoever.

·         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.

·         Where part of the Site contains advertising and other material submitted to us by third parties please           note that those submitting the information 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.

·         All liability is excluded to the extent permitted by law including any implied terms.

·         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 us to use on           the web site. The Equine Advertiser cannot be held responsible for any issues arising due to                           copyright protection on photographs.

·         We at The Equine Advertiser accept links to third part web sites however, please note no web site                 links will be accepted if the web site being linked to be a competitor to us in any way. If the web site           being linked to offers, accepts, promotes or is associated with another web site that supplies                         products and services similar to The Equine Advertiser the web site link will be rejected.

·         The web site address stated in all advertisements 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.

·         Any advertisements submitted to The Equine Advertiser with references to the following in the                     description of the advert will have the information removed without notification before the advert is           processed. This will always be at our discretion.   

                                                           * References to competitor web sites    

                                                           * Links to competitor web sites    

                                                           * Details of companies in competition with The Equine Advertiser

·          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

The Equine Advertiser accepts advertisements at its own discretion and we reserve the right to reject any proposed advertisements if we feel they do not comply with the terms and conditions of advertising – please note we are under no obligation to justify our reasoning for the rejection of any advertisements.

If an advertiser is stopped from advertising on the web site for whatever reason (which The Equine Advertiser is under no obligation to justify), they will receive notification of this in an email or by letter.

The advertiser must then not submit any further advertisements to The Equine Advertiser; this includes advertisements submitted from their companies or businesses, companies or business associated to them or any person submitting advertisements on their behalf.  

If after notification of our decision to no longer allow their advertisements any further advertisements submitted to us which are submitted from them, their companies or businesses, or any person submitting advertisements on their behalf will be dealt with as follows.    

     * Prior to the advertisement being processed a refund less a small 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 advert will be immediately withdrawn and         no refund will be made. If an advertiser does not comply with The Equine Advertisers Terms and                   Conditions of Advertising we may withdraw any advertiser’s advertisement from our web site without         warning and no refund will be made. The Equine Advertiser may reject advertisements from                          advertisers who are under 18 years of age.

REFUNDS

If on submission and payment of an advertisement to The Equine Advertiser the advertiser decides not to have the advert processed the advertiser must contact The Equine Advertiser by email or telephone requesting that the advert is not processed. A full refund will then be made. (This excludes banned advertisers who will be charged an admin fee per advertisement; please see section on refusal of advertisements)

Refunds after advertisements has been processed and placed live on the Equine Advertiser web site will be at our discretion and will only be made in exceptional circumstances. Any refunds given at this point will be subject to a small admin charge.

EMAILS SENT FROM ADVERTISMENTS ON THE WEB SITE

Please be aware that emails sent from advertisements on the web site are copied to The Equine Advertiser. The Equine Advertiser will filter and reject any emails that are sent though the web site which are considered scam emails, this includes 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 The Equine Advertiser.  

Emails sent through the web site in response to advertisers that we consider to be any of the above will also be automatically rejected. Any rejected emails will be checked by us and will be forwarded to the advertiser if we feel they were filtered in error.