Terms and Conditions
ADVERT CONTENTS1. Contents are only for general information.
2. The Horsemart web site is regularly updated with the latest horses for sale, as well as trailers, tack, saddles and equine related services. 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.
3. Horsemart 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 Horsemart Site, or any of its contents, or from any action or omission taken as a result of using the Site or any of its contents.
4. This Site contains material in the form of adverts submitted by third party advertisers and we accept no responsibility for the content or accuracy of such adverts nor do we make any guarantee of the contents of this Site in respect of the existence or availability of anything advertised whatsoever.
5. 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.
6. Where part of the Site contains advertising and other material submitted to us by third parties please note that those advertisers 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.
7. All liability is excluded to the extent permitted by law including any implied terms.
8. 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 Horsemart to use on the web site. Horsemart cannot be held responsible for any issues arising due to copyright protection on photographs.
WEB SITE LINKS
9. Horsemart accepts links to third part web sites. No web site links will be accepted if the web site being linked to is a competitor to Horsemart in any way. If the web site being linked to offers, accepts, promotes or is associated with another web site that supplied online equestrian adverts from third party advertisers the web site link will be rejected.
10. If an advertiser is found to amend or alter their web site to offer third party online equine classified after the processing of their advert then Horsemart has a right to immediately withdraw their web site link without warning and no refund will be given. If Horsemart rejects a web site link as it is infringement with the terms and conditions prior to processing the advert a full refund will be made.
11. The web site address stated in the advert 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
12. Any adverts submitted to Horsemart 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 be at Horsemart's discretion.
* References to web sites
* links to web sites
* details of companies in competition with Horsemart
13. 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 ADVERTS
14. Horsemart accepts adverts at its own discretion. Horsemart has a right to reject any adverts if feels does not comply with the terms and conditions of advertising. Horsemart does not have to justify its reasoning for the rejection of any adverts.
If an advertiser is stopped from advertising on the web site for whatever reason (which Horsemart does not have to justify), they will receive notification of this in an email or by letter. The advertiser must then not submit adverts to Horsemart, this includes adverts submitted from their companies or businesses, companies or business associated to them or any person submitting adverts on there behalf. If after notification of Horsemarts decision to no longer allow their adverts any adverts submitted to Horsemart which are submitted from them, their companies or businesses, or any person submitting adverts on there behalf will be dealt with as follows.
* Prior to the advert being processed a refund less £2.50 admin charge will be made.
* If the advert is processed and it then comes to light that the advert 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.
15. If an advertiser does not comply with Horsemarts Terms and Conditions of Advertising Horsemart will withdraw any advertisers advert from the web site without warning and no refund will be made. 16. Horsemart will reject adverts from advertisers who are under 18 years old.
REFUNDS AND CANCELATIONS
17. If on submission and payment of an advert to Horsemart the advertiser decides not to have the advert processed the advertiser must contact Horsemart by email or telephone providing the advert reference number 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 of £2.50 per advert, please see section on refusal of adverts)
18. Refunds after the advert has been processed and placed live on the Horsemart web site will be at Horsemarts discretion and only in exceptional circumstances. Any refunds given at this point will be subject to a 50p admin charge.
19.Horsemart has a strict 30 day cancellation policy that applies to trade users on a subscription package. 30 days cancellation notice must be given in writing, during which time one more monthly payment will be taken as a cancellation fee.
EMAILS SENT FROM ADVERTS ON THE WEB SITE
20. Emails sent from adverts on the web site in response to any advert are copied to Horsemart. This is clearly stated at the top of the email advertiser form.
21. Horsemart will filter and reject and therefore will not forward to the advertiser any emails that are sent though the web site which are considered scam emails, 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 Horsemart. This includes any person associated with, in connection with or promoting any business offering online equestrian adverts to third parties. Emails sent through the web site in response to advertisers that state any of the above or has any references to web sites will also be automatically rejected. Any rejected emails will be checked by Horsemart and will be forwarded to the advertiser if Horsemart feels they were filtered in error.
Continued Horsemart User Agreement
The Horsemart Web Site
Horsemart acts as a venue which allows users to sell and buy just about anything equestrian, at any time, from anywhere. We are not involved in transactions between buyers and sellers. 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. Horsemart recommends that you have any horse/pony that you wish to purchase vetted prior to purchase by a professional veterinary surgeon independent from the seller. Horsemart cannot be held responsible for buyers purchasing horses/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.
Horsemart 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 Horsemart 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 site. Please note 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 pressed the "Submit" button and therefore sent the advert to us, and you recognise that you have agreed to sell the item and pay the relevant charge for advertising.
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 Horsemart to use on the web site. Horsemart cannot be held responsible for any issues arising due to copyright protection on photographs.
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 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. You have no right to disclose or transfer your User ID to any other person.
"Your Information" is defined as any information you provide to us or other users in relation to the Horsemart service (including, without limitation, any description of items listed). You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Your Information and your activities on the www.horsemart.co.uk web site must not:
1. a. be false, inaccurate or misleading;
2. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4. be fraudulent or involve the sale of counterfeit or stolen items;
5. be in breach of any applicable laws or regulations
6. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
7. 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 Horsemart's business or (c) you do not have a right to link to or include;
8. 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;
9. cause our website to be interrupted, damaged, rendered less efficient or 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 Horsemart 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. Horsemart will hold and transmit your Information in a safe, confidential and secure environment. Horsemart 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.
If you have any questions, please contact [email protected]
If you are a minor (Under the age of 18), you can use this service only in conjunction with your parents or guardians permission.
Collecting Personal Information - Third parties may use tracking technologies by or through the site. We have no responsibility or liability for any tracking, data collection or other activities of such third parties.
We gather the following information from visitors to our site
* the IP address from which you access the site
* the type of browser and operating system used to access the site
* the date and time of your access to the site
* the pages you visit
* the internet address of the website from which you accessed the site
We use information to learn about the number of visitors to our site and the type of technology that our visitors use, what sort of content is popular and to assess visitors browsing habits. When a user revisits the site, we may recognize the user. We can use this information to continually improve the content and usability of the site.
We may compile and report to third parties (such as advertisers) aggregate statistics about our users in terms of numbers, traffic patterns and related site information.
We may disclose your personal information if permitted by law or required to do so by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our customers or users of our site.
Due to the open communication nature of the Internet, we cannot guarantee that communications between you and us, or information stored on our servers, will be free from unauthorized access by third parties.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect and store such information..
You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and customize our site's content, layout, and services. These uses improve our site and better tailor it to meet your needs.
Horsemart cooperates with law enforcement inquiries, as well as other third parties to enforce laws. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation or other activity that is illegal or may expose us or you to legal liability. Further, we can (and you authorize us to) disclose your User ID, name, address, country, phone number, email, and company name to Horsemart as we in our sole discretion believe necessary or appropriate in connection with any legal investigation.
Horsemart and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add Horsemart user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure.
You can review and change the information you submitted in an advert to Horsemart. We can amend your details at your request or remove your advert at any time. Please email [email protected]if you require any changes to adverts that you submitted. If you change your User ID we keep track of your old one and new one.
Certain fields, including your name and email address are required to be submitted to enable you to advertise on Horsemart, however you are able to hide your email address or telephone number on an advert (all adverts must have at least one suitable method of contact). You can have your advert removed from the web site at any time as long as you confirm this by email. This email must be sent from the originator of the advert. You must promptly update your information if it changes.
Upon your written request, we will remove your contact information, from our active databases. To make this request, email [email protected]Such information will be removed as soon as reasonably possible
We will retain in our files information you have requested to remove in some circumstances, such as to resolve disputes and troubleshoot problems. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored "back up" systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.
Horsemart uses standard practices to safeguard the confidentiality of your personal identifiable information. However, "perfect security" does not exist on the Internet.
© Horsemart 2008
Consumer Protection (Distance Selling) Regulations 2000
Data Protection Act 1998
Copyright © 2008 Friday Holdings Ltd. All Rights Reserved