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Terms & Conditions of Listing

TERMS OF WEBSITE USE FOR BUSINESSES

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.britishequestriandirectory.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Please read these terms and conditions carefully before purchasing a subscription to our site or (in the case of a free listing) before using our site, particularly clause 9 which limits our liability. By subscribing to our site, you agree to be bound by these terms and conditions.

1 INFORMATION ABOUT US

www.britishequestriandirectory.com is a site operated by Equestrian Management Consultants Limited (we or us). We are registered in England and Wales under company number 01330996 and have our registered office at East Wing, Stockeld Park, Wetherby, West Yorkshire, LS22 4AW. Our main trading address is also at East Wing, Stockeld Park, Wetherby, West Yorkshire, LS22 4AW. Our VAT number is 313401907. We are a limited company.

2 YOUR STATUS

2.1 By subscribing to our site, you promise to us that:

(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.

3 PRICE

3.1 The price (Price) of your subscription to our site (the Subscription) will be as quoted on our site from time to time, except in cases of obvious error.

3.2 There are a number of levels of subscription. The only levels to which you will be required to pay the Price is if you are registered as a Gold or Silver subscriber.

3.3 Prices are liable to change at any time, but changes will not affect your Subscription.

4HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 If you are not one of the Gold or Silver subscribers (Free Listing Status) then your subscription will run indefinitely until you advise us.

4.2 If you are one of the Gold or Silver subscribers and have paid the Price to subscribe to our site, then the subscriptions to our site will run for a period of either six or twelve months from the date on which you complete the process of registering your listing details on the registration page on our site (Listing Process).

4.3 We are entitled to refuse any subscription request placed by you. If we suspect that any information that you have uploaded on to our site is inaccurate in any way we may contact you by email at the email address that you give us when you complete the Listing Process or such other email address that you may notify to us from time to time (your Email Address).

4.4 You promise us that all details you provide to us for the purpose of subscribing to our site are correct, that you are authorised to pay the Price using either your Paypal account (Payment Method) and that there are sufficient funds or credit facilities available in or to the Payment Method to cover the Price.

5RENEWAL OF SUBSCRIPTION

5.1 If you are a Gold or Silver subscriber we will notify you by email to Your Email Address 30 days and also 7 days before the date on which your Subscription to our site is due to expire setting out the link to our site that you will need to follow in order to renew your Subscription for a further period of six or twelve months (as the case may be).

5.2 If you are a Gold or Silver subscriber and do not renew your Subscription, you will automatically become a subscriber with a Free Listing Status.

5.3 We reserve the right to suspend access to our site from the date on which your Subscription for the preceding six or twelve months (as the case may be) expires until such time as we receive payment of the Price to renew your Subscription to our site.

6ACCESS AND SECURITY

6.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

6.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

6.3 When using our site, you must comply with the provisions of our acceptable use policy.

6.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

7INTELLECTUAL PROPERTY RIGHTS AND RIGHTS IN OUR DATABASE

7.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, including without limitation, all data included on or in the business listings directory database on our site, which you may access on our site. Those works are protected by copyright laws and database laws and treaties around the world. All such rights are reserved.

7.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

7.3 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.

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

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

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

7.7 For the avoidance of doubt, the marketing (direct or otherwise) by you and/or any business with which you may be associated to any of the names and addresses listed in the directory (whether such names and addresses are individuals or businesses) on our site is strictly prohibited and you agree that such conduct will constitute a material breach of these terms of use.

7.8 "BETA" is a UK registered trade mark of The British Equestrian Trade Association Limited.

8RELIANCE ON INFORMATION POSTED

8.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

8.2 Our site is controlled and operated by us from our offices in England. Where content published on our site is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content and the use of such content. You assume total responsibility and risk for your use of our site and use of all information contained within it.

8.3 We have used our best endeavours to ensure that our site complies with UK laws. However, we make no representations that the materials on our site are appropriate or available for use in locations outside the UK. Those who visit our site from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our site and/or viewing of it, or use of any material or content on our site or the Subscription, are contrary to or infringe any applicable law in your jurisdiction, you are not authorised to view or use our site and you must exit immediately.

8.4 We make no representations and give no warranties, express or implied that making the Subscription available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Subscription available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Subscription is not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase a Subscription. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of a Subscription by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

9UPDATES AND AVAILABILITY

9.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

9.2 We will try to make our site available but cannot guarantee that our site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

10UPLOADING MATERIAL AND INFORMATION ABOUT YOU

10.1 We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

10.2 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, 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 indemnify us for any breach of that warranty.

10.3 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

10.4 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

10.5 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

11OUR LIABILITY

11.1 We promise that we will provide our site and the Subscription using reasonable skill and care.

11.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our site, the Subscription or any information provided through our site.

11.3 We will do our best to ensure that all materials and information published on our site are accurate, but please note that all content, materials and information on our site are provided on an 'as is' basis and you assume total responsibility and risk for your use of our site and use of all information contained within it. Please note that although we try to ensure that the content of our site is accurate, it may contain typographical errors or other inaccuracies.

11.4 Subject to clauses 11.2, 11.5 and 11.6 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your Subscription or your use of our site shall not exceed in aggregate an amount equal to the Price.

11.5 We shall not be responsible for indirect losses that result from our failure to comply with this contract including, but not limited to, losses that fall into the following categories:

(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss or corruption of data;
(f) loss of goodwill;
(g) any waste of time; and
(h) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

11.6 This clause does not include or limit in any way our liability for:

(a) death or personal injury caused by Our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or
(d) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

11.7 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our site and is compatible with our site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) prior to using our site.

11.8 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

12VIRUSES, HACKING AND OTHER OFFENCES

12.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

12.2 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 site will cease immediately.

12.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

13LINKS TO AND FROM OUR SITE

13.1 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, but 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.

13.2 You must not establish a link to our homepage from any website that is not owned by you.

13.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

13.4 If you wish to make any use of material on our site other than that set out above, please address your request to Claire Thomas at clairet@beta-int.com.

13.5 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14GENERAL

14.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 14.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.

14.2 We may alter these terms and conditions from time to time and post the new version on our site, following which all use of our site will be governed by that version. You must check the terms and conditions on our site regularly.

14.3 These terms and conditions together with the privacy policy and the registration page on our site are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, acceptable use policy or registration page on our site.

14.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

14.5 These terms and conditions and your use of our site are governed by English law and you submit to the exclusive jurisdiction of the English court.

14.6 Except in respect of a payment obligation, neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.

14.7 Failure or delay by either party in enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

14.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

15CONTACT INFORMATION AND COMMUNICATIONS

15.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide You with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15.2 If you wish to contact us then please contact Claire Thomas at clairet@beta-int.com or c/o Equestrian Management Consultants Limited, East Wing, Stockeld Park, Wetherby, West Yorkshire, LS22 4AW.

15.3 Any notice served by either party will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.