TERMS AND CONDITIONS

WELCOME

Welcome to our website. These terms tell you the rules for using www.horsehotspots.co.uk. If you continue to browse and use this website, you are deemed to agree to comply with and be bound by the following terms and conditions of use governing Horse Hotspot’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, you are not authorised to use our website.

WHO ARE WE

The term ‘Horse Hotspots Ltd’ or ‘Horse Hotspots’ or ‘us’ or ‘we’ refers to the owner of the website. Our company registration number is 13789945. Our registered office is at 4 Fourcroft Cottages, Shurlock Road, Waltham St. Lawrence, Reading, England, RG10 0HT.

WHO ARE YOU

The term ‘you’ refers to the user or viewer of our website, and includes any facility advertising on our website. This includes any consumer or business users, including those who browse the website, those who use our tools on the website, those who use the website to access venues, facilities or services to use, and those who list their venues, facilities or services on the website.

Where there are specific areas of these terms and conditions which apply to a specific usage of the website, we will highlight this, however you should read the whole document before using the website. If you are under 18, you should have the permission of a responsible adult before using or registering on this website. If you have found your facilities listed on the website and wish to remove them, please contact us on contact@horsehotspots.co.uk.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

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

• Our Privacy Policy , which sets out how we may use your personal information
• Our Acceptable Use Policy , which sets out the permitted used and prohibited uses of our website. When using our website, you must comply with this Acceptable Use Policy.

If you choose to register your facilities on our website, our terms and conditions of subscription at Part C will also apply, in addition to these terms and conditions.

A: OUR OBLIGATIONS IN RESPECT OF YOUR USE OF THE WEBSITE

WE MAY MAKE CHANGES TO THESE TERMS

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

WE MAY MAKE CHANGES TO OUR SITE

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

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our website is made available free of charge. We do not guarantee that our website, 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 website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

If you experience a fault with the website, you should report it to us via the ‘Contact Us’ button and we will attempt to correct it as soon as is practicable. Website access may be occasionally restricted to allow for repairs, maintenance or the introduction of new venues, facilities or services. We may also suspend or refuse the On Line Payments Service for any reason and at any time.

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

OUR WEBSITE IS ONLY FOR USERS IN THE UK

Our website is directed to people residing in the United Kingdom. We do not represent that content available on or through our website is appropriate for use or available in other locations.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our website contains links to other websites 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 websites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of the website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.

HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS

If you wish to complain about content uploaded by other users, please contact us on contact@horsehotspots.co.uk.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site 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 site; or
  • use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy.

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

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

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

You must not misuse our website 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 website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 website will cease immediately.

RULES ABOUT LINKING TO OUR SITE

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 website in any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website 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 website other than that set out above, please contact contact@horsehotspots.co.uk.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

B: YOUR OBLIGATIONS IN USING OUR WEBSITE

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 at contact@horsehotspots.co.uk.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. 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 website for your personal use and you may draw the attention of others to content posted on our site.

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 website must always be acknowledged (except where the content is user-generated).

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

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

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Neither we nor any third parties provide any warranty or guarantee, whether express or implied, as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and may not be up to date, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. You are solely responsible for securing and backing up your content.

We do not store terrorist content.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our site, you grant us the following rights to use that content:

• a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service to expire when the user deletes the content from the site; and
• a worldwide, non-exclusive, royalty-free, transferable licence for advertisers to use the content in accordance with the functionality of the site to expire when the user deletes the content from the site.

OUR USE OF WEBSITE STATISTICS AND COOKIE POLICY

We use cookies and other technologies to collect demographic information, personalize your experience on our website and other activities. Cookies are small files downloaded to your computer to track movements within web sites. For example, we use “cookies” or other methods to monitor website usage. We may link cookie information to personal information. Some of our business partners also use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies. All users have the option to accept or reject the use of cookies.

We collect web statistics automatically about your visit to our site. This information is used to aid development of the website and its content and to audit usage of the site. The information gathered in this way will not be used for any other purpose.

We also host google advertisements; we accept no liability for the content or use of these or the cookies used by them.

PAYMENT SECURITY

Stripe has been installed on the website for payments (see their website for security information); however, no physical or electronic security system is impenetrable. We cannot guarantee the security of our servers or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted over the internet.

PRIZE DRAWS

We may choose to offer you the chance to participate in prize draws from time to time. Only users who are resident in the UK are eligible to win any prize. For full terms and conditions of any prize draw please refer to it.

Winners will be confirmed either by email or by telephone. Reasonable efforts will be made to contact a winner. Failure to respond and/or provide an address in the UK for delivery, or failure to meet the eligibility requirements may result in forfeiture of the prize. If the winner cannot be contacted, we reserve the right to offer the prize to the next eligible entrant drawn at random.

It is a condition of participation in a prize draw that any winner will provide an image of them and their horse to us, which may be used freely by use without copyright restriction, in accordance with these terms and conditions. The winner will also be named.

NO TEXT OR DATA MINING, OR WEB SCRAPING

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our website or any services provided via, or in relation to, our website. This includes using (or permitting, authorising or attempting the use of):

• Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the website or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

C: TERMS AND CONDITIONS OF SUBSCRIPTION TO THE WEBSITE

INFORMATION ABOUT YOUR FACILITIES

Where you provide us with, or update any, information about your facilities, you are deemed to ensure that such information is accurate, up to date, and that you have the legal right to upload and post this content. In the event that there is any actual or threatened claim or action including (but not limited to) negligence, defamation, breach of intellectual property, privacy, or any other claim arising from the publication of content provided by you, you will be liable personally.

If you provide any images showing your facilities, or the use of your facilities, you represent and warrant that any such image is yours to share, and that you have signed an appropriate image release form with the photographer or videographer (as appropriate). The website shall not be liable for any image provided by you and published in breach of any image, copyright, intellectual property, privacy or associated rights.

SUBSCRIPTION PACKAGE

Any online purchase of a subscription package for your facility will be on the basis of a monthly subscription fee, with a minimum subscription period of 12 months or an annual subscription. You may cancel any listing within the first 14 days and receive a full refund, by notifying us on contact@horsehotspots.co.uk.

All listings are submitted on an “automatic renewal, cancel anytime” basis after the first 12 months. To provide a continuous service, we automatically renew all paid subscriptions upon expiration using the Stripe account provided upon initial payment. You will be notified by Stripe that a subscription has been set up at the time of original payment. Users will be given notice in advance of when automatic renewals are to be made, and when the advert is renewed. Such renewals are at the same package level. By using the website, you acknowledge that your account will be subject to the above-described automatic renewals.

If you choose to upgrade your package, this will be treated as a renewal – you may cancel this upgrade within the first 14 days, however you will then be committed to subscribe for a further 12 month period.

If you choose to downgrade your package, this will be treated as a renewal – you may cancel this downgrade within the first 14 days, however you will then be committed to subscribe for a further 12 month period.

Any cancellation of subscription requests should be made in writing via contact@horsehotspots.co.uk and require a notice period of 30 days.

LOSS OR DAMAGE SUFFERED BY YOU UNDER THIS CONTRACT

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services. However we are not liable for business losses, and we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. In any event, our total liability to you is limited to the total amount of your subscription fees for a 12 month period.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these terms to another organisation, however you need our consent to transfer your rights to someone else.

If a court finds part of this contract illegal, the rest will continue in force. Even if we delay in enforcing this contract, we can still enforce it later.