Terms and Conditions

EQUIBUYS USER AGREEMENT

This website and the services provided by this website are provided by Equibuys Limited whose registered office address is at 125 High Street Odiham Hampshire RG29 1LA (Equibuys)

This user agreement applies to all users of this web site. By using or subscribing to this site you enter into a binding contract with Equibuys on the following terms and conditions. If you do not agree to any of the terms and conditions set out below then you should not use this site. The use of this site shall be deemed your unconditional acceptance of all the terms and conditions.

Equibuys hereby reserves the right to vary these terms and conditions at any time and shall post the revised version on this site. The terms and conditions appearing on this site when you use this site shall apply to the exclusion of any previous version.

SCOPE OF THIS SITE

This site is designed to provide users with an opportunity to advertise horses and equine related goods or services which the user wishes to sell (Advertisers). This site shall allow potential purchasers to view the advertisements and to contact the Advertiser by completing an on line contact form. In addition to the general user terms (applicable to all users) Advertisers shall be subject to and agree to be bound by additional terms and conditions set out below.

Equibuys does not operate this site as an auction house, nor is it a party to any sale transaction between an Advertiser and a purchaser relating to the subject matter of the advertisement appearing on this site or other wise. Equibuys does not investigate the accuracy of the information appearing on any advertisement, nor the status of any Advertiser. Equibuys does not endorse, warrant, guarantee or make any representation in relation to the Advertiser or the subject matter of the advertisement. Users who wish to purchase any item advertised must contact the Advertiser direct and must satisfy themselves as to the suitability and quality of the item so advertised.

Equibuys has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the advertisements, the ability of Advertisers to sell items or the ability of buyers to pay for items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is advertised on the Site. Equibuys is not responsible for ensuring that buyers and Advertisers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.

Equibuys reserves the right in Equibuys’ sole discretion to deny users access to this site or any part of this site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.

GENERAL USER TERMS

Licence:
All materials and content appearing on this web site is protected by copyright and other intellectual property rights. All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to browse its pages, electronically copy and print in hard copy portions of our site solely for your own personal use in connection with the acquisition of goods or services advertised through this site. Any other use of materials on this site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication including by framing or similar means) without our prior written permission is strictly prohibited Nothing in these terms and conditions or by using the site grants any right title or interest to you in such intellectual property which at all times remains vested in either Equibuys or the owners.

You shall not copy, use, modify, transmit, distribute, reverse engineer, or in anyway exploit copyrighted or proprietary materials available in this site, except as expressly permitted by Equibuys. Exporting, or extracting Equibuys data from this website into other databases is expressly prohibited as is the reselling of Equibuys information or using user information appearing on this site for any purpose other than contacting them in relation to the specific Advertisement.
All other trade marks, product names and company names or logos used in this site are property of Equibuys or that of their respective owners. No permission is given by Equibuys in respect of the use of any such trade marks; get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

You hereby grant to Equibuys a perpetual royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service, on the site or via e-mail alerts, newsletters or otherwise (either in whole or in part or in a modified or edited form and you hereby agree to waive any moral rights) any material you up-load or post to this site (whether to a chat room, bulletin board, as part of an advertisement or otherwise). You acknowledge and agree that such material is not up-loaded or posted subject to any obligation of confidence and you hereby warrant that you have all rights title and interest in such content to grant the rights to Equibuys set out in this clause.

Equibuys’ obligations

Equibuys will:

• exercise reasonable care in compiling this site;
• use reasonable efforts to make this site available to you at all times; and
• take the steps set out in our privacy policy to endeavour to secure any personal data you give us.

Exclusions and limitations

Equibuys does not represent or warrant that access to this site, or any part of it will be uninterrupted, reliable or fault free. This website is provided "as is" and as and when available, and to the extent permissible by law Equibuys excludes 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.

Equibuys does not represent or warrant that:

• any services (whether or not provided by Equibuys) will be provided with due care and skill; or
• any goods (whether or not provided by Equibuys) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to you).

To the extent permitted by law, Equibuys excludes all liability (whether arising in contract, tort or otherwise and whether or not due to Equibuys’ negligence) which Equibuys may otherwise have to you as a result of:

• any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to this site or any information on this site;
• the unavailability of this site (or any part of it), goods or services;
• any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;
• any goods not being of merchantable quality or fit for their intended purpose; or
• any misrepresentation on or relating to this site, the goods or the services (other than a fraudulent misrepresentation made by directly by Equibuys).

To the extent permitted by law, Equibuys’ maximum liability to you in respect of your use of this site or any services Equibuys provides or makes available to you through or in relation to this site will be the amount of any subscription fees paid by you during the year in which the liability arose or £100 (whichever is less). You agree that Equibuys shall have no liability for economic loss including loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages, loss of data, income or profits or damages for loss of or damage to property (however arising, including negligence) arising out of or in connection with this User Agreement.

You agree that each of these limitations is reasonable having regard to the nature of this site and in particular given that when you purchase information, goods or services through this site you will enter into a separate contract with the supplier in each case.

None of the exclusions or limitations in this clause 4 shall exclude or restrict Equibuys’ liability for death or personal injury caused by Equibuys’ negligence. None of the above exclusions shall affect any statutory rights which are not capable of being excluded including any statutory rights granted to a consumer. However, in such case our obligation, where permitted by law, will be limited to the re-supply of this site to you.

Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

Uploading Information

"Your Information" is defined as any information you provide to Equibuys or other users in relation to this site and any advertisement on this site including the registration, advertisement, contact details, description of goods and services being offered, text and graphic or photographic images, prices or any user feedback process, your postings on any message boards and any other content that you post within the Site. You are solely responsible for Your Information, and Equibuys merely acts as a conduit for your online distribution and publication of Your Information.

You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.

Restrictions

Your Information and your activities on this Site 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, trade mark, design right, 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 (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
• be obscene, indecent or contain pornography;
• create liability for Equibuys or cause Equibuys to lose (in whole or in part) the services of our ISPs or other suppliers;
• contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
• cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.

Indemnity

You agree to indemnify and hold Equibuys and (as applicable) any parent company, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from all, liability, damages and costs and expenses including reasonable legal fees incurred arising from any claim or demand made by any third party due to or arising out of your breach of these terms and conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

Where in these terms representations and warranties are made to Equibuys and to suppliers of goods and services through this site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.

Events beyond our control

Equibuys shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing the Equibuys services through this site resulting from any event or circumstance beyond Equibuys’ reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.

Applicable law and jurisdiction

These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.  

Disputes between advertisers and buyers

In the event that you may have a right claim or action against and other user, including disputes between advertisers and buying users, then you agree that such dispute shall be between you and the respective other user and any claim shall be brought independently and shall not involve Equibuys nor shall you join in Equibuys to any such claim and that you will release Equibuys from all liability in connection with such dispute.

On line registration:

If you wish to be an Advertiser or if you are a user and wish to receive e-mail alerts advising of new advertisements and information that may be of interest to you or if you wish to use the Site’s facilities reserved for members, then you will have to apply to register by completing the online registration form. There are three categories of member; i) a Buyer ii) a Seller or iii) a Trader. By completing the registration page, this shall be deemed your application to Equibuys to be registered. You will not be eligible to place and advertisement or receive e-mail alerts or use the member’s facilities until such time as Equibuys has accepted your registration. Equibuys may accept or refuse any application for registration in its absolute discretion and is under no obligation to provide reasons for its decision.

If any of your details change (for example your e-mail address) you must immediately inform Equibuys by completing the online update fields found on the web site or by writing or e-mailing such changes to Equibuys.

Anyone wishing to register must be either a legitimate business in the UK or if an individual then must be at least 18 years of age.  If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.

Password:

When registering you must choose a password. You are responsible for all actions taken under that password and shall only use or utilise the Site using your own password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your registration to any other person. If anyone uses your password to access the Site then Equibuys shall be entitled to assume that such person has your express authority to do so. If you are aware of any unauthorised third party using your password it is your responsibility to log onto the website to change your password.

ADVERTISER’S ADDITIONAL TERMS

If you wish to advertise on this web site you must agree and comply in all respects with the following terms and conditions (in addition to those appearing above and any referred to herein)

Fees

Before your advertisement will be published on the web site you must pay the current monthly fee per advertisement as indicated on the web site.

If you wish to run the advertisement for more than 1 month then you must pay the monthly fee prior to the next month, and each subsequent month, Equibuys will use reasonable endeavors to remind you by e-mail prior to the start of the next month.

The fee must be paid by means of a current and valid credit card or debit card issued to the person whose details appear in the registration form. Equibuys reserves the right, but is under no obligation to do so, to undertake a security check to prevent any fraudulent activities, and should the holder of the credit card not match the details registered with Equibuys then Equibuys may refuse to place the advertisement or may withdraw any continued advertisement. Please ensure your registered details are up to date.

Equibuys uses a third party payment gateway. An Advertiser will be directed to this gateway when making payment. Equibuys has no control over this third party website. All credit card information you provide goes to the third party payment gateway operator and is not provided to Equibuys. In order for the gateway operator to carry out security checks as referred to above, you hereby agree that Equibuys may disclose you name and address appearing in your registration to the third party payment gateway operator.

All fees are stated exclusive of VAT and where payable shall be charged at the then current rate and shall be payable by you in addition to the monthly fee. Invoices will be generated receipted and sent by email following payment.

Placing an Advertisement;

Once registered you can use your password to enter the restricted access areas of the site to create an advertisement (advertisement pages).

In the advertisement page you can choose from a number of templates. Equibuys reserves the right to increase, change or reduce the number of templates available from time to time. Each template shall have a number of fields for you to complete and will allow you to upload a number of photographs or images to go with your advertisement. Please follow the instructions appearing on the site as to the format and size of the photograph or image and the maximum number of words that can be used to create your advertisement. You may preview the advertisement and make changes or save the advertisement to make changes later. Once the advertisement is in a form you are happy with you can click the button to “publish” the advertisement. Once you click the button you can not alter the advertisement, unless you cancel the advertisement and create another advertisement. If you cancel the fees paid shall not be refundable and you will have to pay for the new advertisement.

The advertisement will appear on the website for 1 month commencing from the date you click the publish button, and will continue provided you pay the subsequent monthly charges.

You can at any time request that the advertisement be removed from the Site by informing Equibuys by e-mail, no refund of the monthly fees will be provided.

Responsibility for content

You will be solely responsible for the contents of your advertisement. Equibuys is under no obligation to check or vet any content that is uploaded but may do so in its own discretion and reserves the right to withdraw any advertisement from the Site it believes is in breach of the these terms and conditions. If a third party informs Equibuys that your advertisement or the items advertised are potentially infringing third party rights, fraudulent, defamatory, obscene, discriminatory or in breach of any of these terms and conditions Equibuys may withdraw the advertisement and shall advise you. No refund shall be provided in such cases. If you show unequivocal and undisputed evidence to the contrary then Equibuys shall, if requested by you, republish the Advertisement for the remainder of the monthly period paid for taking into account the time it was withdrawn and previously published. This shall be your only remedy and Equibuys’s total liability to you in such circumstance.  

By uploading any information, photographs, images, text, logos or any aspect of your advertisement you hereby warrant that you own and have full rights and title to such content or have received all necessary third party consents and approval to upload the same and to grant the rights to Equibuys as set out below.
You hereby agree that Equibuys may (but has no obligation to do so) take all or part of any current advertisement and to include such content as is or in a summarised form in an e-mail alert or other notification to other users advising them of the advertisement.

Cancellation rights

Due to the nature of the advertising services, and the immediate publication of the advertisement, if you are acting as a consumer you have no right under the Consumer Protection (Distance Selling) Regulations 2000 to cancel any advertisement. You may however request Equibuys, by e-mail at any time, to withdraw any advertisement from the web site. You shall not be entitled to any refund of the monthly fees payable.

Copyright Equibuys © 2006