2. Who we are
This website is owned and operated by EquiHerd, a limited company registered in England & Wales under company number 10859083, whose registered address is Ivy House, Main Street, Wressle, Selby, East Yorkshire YO8 6ET. The term 'EquiHerd', 'EquiHerd Ltd', 'us' 'our' or 'we' refers to the owner of the website. The term 'you', 'visitor', 'guest', 'member' or ' user' refers to the user, registered member or viewer of our website.
EquiHerd is an online directory marketplace and is a platform for members to advertise equine specific businesses, items, jobs and events. We are not involved in any transaction or service offered between guests, users and members and therefore accept no liability. We are not responsible for the listings provided by our members and all adverts are uploaded and managed by the members themselves. EquiHerd accepts no responsibility for the content of any advert and all listings and adverts are by no means recommended or approved by EquiHerd. EquiHerd has the right to refuse or remove an advert at anytime and reserves the right to refuse, warn, suspend or ban any member who we believe is acting in an irresponsible way.
In these Terms & Conditions the following words have the following meanings unless the context requires otherwise:
- 'Agreement' refers to the agreement between you and us, by you using our website and therefore accepting these Terms & Conditions.
- 'We', 'us', 'our' refers to EquiHerd Ltd and includes the website www.equiherd.com.
- 'Liability' means for any and all damages, claims, proceedings, actions, awards, costs, expenses and any other losses or liability.
- 'Visitor' or 'Guest' refers to people using, browsing and viewing the website but have not yet registered as a member.
- 'User' refers to both visitors and guests, along with registered members and advertisers - any party using this site.
- 'Member', 'registered member' means any person who has registered their details and agreed to these Terms & Conditions by creating their profile.
- 'Profile' refers to the section containing information about you, composed, uploaded and posted by you.
- 'Membership', 'package' and 'account' refers to product/service you have signed up with us for. This applies to people who have signed up to EquiHerd and therefore created a profile i.e those completing the form on the 'Join the Herd' website page, agreeeing to the Terms & Conditions and clicking to create account.
- 'Post', 'listing', 'advert', 'user content' includes all material, information, content and details you have displayed, published, distributed, uploaded, transmitted, disclosed, exhibited on our website.
- 'Service' means the EquiHerd service provided to you by us.
You are requested to regularly visit our homepage to view the most up to date Terms and Conditions. If you do not accept and agree to these Terms and Conditions, you must stop using our website immediately.
5. Acceptable Use of our Website
You may not, without prior permission:
- Republish material from this website (including republication on another website);
- Sell, rent or sub-license material from our website;
- Show any material from the website in public;
- Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- Edit or otherwise modify, edit or adapt any material on the website;
- Redistribute material from this website [except for content specifically and expressly made available for redistribution (such as our newsletter)].
- Collect for commercial re-use any of our member's email addresses and/or contact details.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent.
By using our website, you agree to not:
- post/upload or use any information or material in which copyright, trademark and/or intellectual property belongs to another party without first obtaining the prior consent from the owner.
- post/transmit or email any material that contains software viruses or any computer files, programs or code deisgned to destroy, interrupt of reduce functionality of our website and software.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. This website contains material which is owned by or licensed by us. This material includes, but it not limited to the design, layout, look, appearance, logos, images, and graphics. Reproduction is prohibited and all copyright and design rights are owned by us and are not available for use by any other party.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
6. Becoming a Member
When registering with us as a member you agree to being at least 13 years old and verify that all information you provide us is accurate, up to date and complete. If you are a minor (under the age of 18 years old) you can only use this website and services with your parents or guardians permission.
By agreeing to these Terms you accept full responsibility for any content you upload onto our website, including but not limited to posts, adverts, listings. You accept full responsibility of editing your own adverts and keeping your profile up to date. Edits to your adverts, listings and posts will not guarantee that they will move up the date order page when guests and other members are searching. By accepting these Terms you are liable for any inappropriate use of the website and must refrain from performing any activity that is unlawful or can be deemed unethical. You cannot use any data obtained from our website without our permission or attempt to manipulate transactions or tamper with our systems in any way.
Your application for free membership shall come into effect once you have completed the account form, agreed to the Terms & Conditions and clicked on the create account button/link. For paid memberships, full access to your account will be granted once we have received payment. Email notification will welcome you to our website, confirming creation of your account. We reserve the right to refuse any application for memership and will refuse/terminate any membership if we find that you are impersonating another person, using false email addresses and identity or creating false or misleading identity for the purpose of misleading others as to your true identity.
On becoming a member, you agree to your details and the content you have uploaded onto/via your profile will be displayed on EquiHerd and will be made publicly available (unless stated otherwise). You acknowledge that your details will be visible and accessed by visitors and members. Please do not upload any content that you do not wish to be made available to the general public.
We have the right to immediately remove any content that is offensive, inappropriate, discriminatory, obscene and not appropriate to the intended purpose of the website and the industry and our target audience. You are solely responsible for your own interactions with other members. We reserve the right to monitor, police and remove any information, photographs and/or other material posted by you that we deem unacceptable for our website.
Positive and negative feedback left by other members (including on the star review features for paid business members) is solely their opinion and we bear no liability whatsoever for any error, inaccuracy or opinion of a member towards another member. Abusive, discriminatory, foul language will however not be tolerated as this platform/website is for the enjoyment of all our users, visitors and members. As such we have the right to remove anything we deem unacceptable for this website and all members have the ability to report posts and adverts they deem, inappropriate, fraudulent or offensive.
As a member, you will not send messages via the EquiHerd private messaging system or on 'The Herd' news feed to treaten, offend, abuse or blackmail another user. EquiHerd reserves the right to suspend, close, edit your account details at any time in our sole discretion without notice or explanation. Users who use foul language or offend and/or threaten other users may be warned, have their accounts deleted and/or will forfeit any membership payment if removed. Comments and content applauding and encouraging hateful and discriminatory abuse will not be tolerated. We reserve the right to read any messages sent via the EquiHerd private messaging system and all messages remain the property of EquiHerd. You must not upload any content which compromises the security and privacy of anyone other than yourself (including contact details, addresses and personal details).
EquiHerd reserves the right to request that any member on a free personal or free business package, suspected of selling animals as a business, must upgrade their account to the appropriate paid level. Free membership allows unlimited classified uploads however you accept that you will be limited to only one horse, pony or donkey advert for sale, at any one time. Any additional advert of this nature thereafter will be charged at £5 per advert with a maximum limit of 5 adverts per member. Each advert is for one item only and therfore any advert advertising multiple items is to be removed. EquiHerd recommends that you have any horse, pony or donkey that you wuld like to purchase, vetted prior to purchase by an independent professoinal veterinary surgeon.
If you are selling/advertising in any way as a trader, dealer or breeder for profit, it is a legal requirement that you declare this. EquiHerd does not allow animals to be bought with the intention of being resold immediately and all animals must have an up to date passport. It is illegal for an animal to be purchased by someone under the age of 16 years old and therefore it is the seller's/member's responsibility to ensure that they implement the necessary measures to verify this. Any text on a submitted advert considered implied blackmail will be removed i.e if not sold will go for meat. All members deemed to be abusing this platform will be immediately removed or set to inactive until the dispute in question is resolved.
Advertising space on our website is randomised. Every effort will be made to ensure your advert appears on the most applicable pages for your business and where requested, however exact location cannot be defined due to the nature of this function.
7. User Generated Content
It is your responsibility to ensure the advertising and organisation of any content, information, items for sale, events, jobs, adverts or posts listed by you is true and accurate and complies with all applicable laws. In the event that you have any right, claim or action against any user arising from that user's use of our website, you agree to pursue such right, claim or action independently of us and without recourse to us, and you release EquiHerd from all such claims, damages, losses, liability, costs and expenses (including any known or unknown legal fees) arising such right, claim or action.
You are responsible for ensuring that all text and photographs are not copyrighted and you have the owners permission. It is your responsibility to gain approval prior to uploading content and photographs onto our website. EquiHerd cannot be held responsible for any issues arising due to copyright protection on photographs or material you have uploaded or provided us with. All content you upload will be publicly accessibly so all data entered is at your own risk and by uploading it you agree to it being viewed by members of the public.
You are responsible for maintaining the confidentiality of your log in details (email and password) and must immediately notify us if you become aware of any unauthorised use of your password or account or any other breach of security by sending us an email at email@example.com. You must ensure that you exit and sign out from your website account at the end of each session. We cannot be liable for any loss or damage arising from your failure to comply with these requirements and all others set out in these Terms and Conditions.
Goods must not be counterfeit or stolen and therefore as a member/seller/advertiser, you must have the right to offer the goods and your services advertised. EquiHerd will supply information to certain bodies such as Trading Standards, the Police, Government and other law enforcement agencies when requested but will not otherwise give out personal details which are not currently being published on the site by yourselves. We may disclose your personal information if permitted or required by law and/or if we believe such action is necessary in order to protect or defend our interests or the interests of our users, members, employees and customers.
Members and advertisers will be responsible for paying all fees associated with using our service and our website and all payments to be made in GB Pounds Sterling.
All payments for paid business memberships and advertisements are taken for the month ahead (in advance) and you must notify us of any cancellation or movement between membership levels before the next payment is due, as below.
9. Cancellations and Changes to Your Membership
If you decide to cancel/terminate your membership/agreement with us, this must be done by notifying us by email at firstname.lastname@example.org. You are not tied into your membership and can therefore cancel at anytime however changes will take effect from the date of your next due payment and therefore no refund or reimbursement will be given for the remainder of the current month. This means you will continue to have access to your account until your next payment is due, regardless of when you notify us of your cancellation/change. It is your responsibility to cancel or edit your payments with Paypal but you must write to us prior to doing this, notifying us of the change you wish to make to your membership. If we are not notified in writing via email, payment will still be taken for the subsequent months until we have received confirmation of your cancellation and you will not be entitled to a refund. Simply deleting your account will not be accepted as your cancellation notice and therefore a refund is at our own discretion.
We reserve the right to terminate or suspend your account without notice if:
- Your conduct is deemed in any way detrimental to the quality of our website;
- We receive unacceptable frequency of complaints, reports and disputes about your activity and conduct;
- You fail to provide us with information regarding your business activity which may be requested from time to time;
EquiHerd reserves the right to remove or change your profile to inactive at any point payment is not received and you may not transfer your account to another party without our prior consent. We reserve the right to deactivate your account in the event that you have not signed into your EquiHerd account for over 30 days or have used an incorrect email address. If the information you provide us with is found to be untrue or if you breach this Terms and Conditions the same will apply and we reserve the right to terminate your membership. Anyone found to be making fraudulent payments will be removed from our database immediately.
If our internet provider reports that your email address no longer exists, then we may close your account resulting in loss of your membership therefore it is your responsibility to keep us updated with any such changes.
No refunds are available for annual subscriptions where money has been paid in advance for the year and/or one off payments for agreed bespoke advertising packages. No refunds will be issued for adverts that have already appeared on our website in any way.
10. Website Links
Throughout this website you are able to link to other websites which are not under the control of EquiHerd. These links are provided for your convenience to provide further information but we have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. You must not place any link on our site that takes users to unlawful material or companies in competition with EquiHerd. Third party websites have their own Terms and Conditions and Privacy Policies which you will need to comply with.
You may not create a link to this website from another website or document without EquiHerd's prior written consent. Any agreed link to us must not imply patrnership, affiliation, endorsement or sponsorship to us and our services or bring us into disrepute.
11. Restricted Access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept strictly confidential. We may disable your user ID and password in our sole discretion without notice or explanation.
12. No Partnership or Agency
13. Limited Warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness, performance or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Every effort is made to keep the website up and running smoothly. However, EquiHerd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our or our processor's control. The content of the pages of this website is for your general information and use only and is subject to change without notice. Neither we nor any third party provide any warranty or guarantee 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 we expressly exclude liability to the fullest extent permitted by law.
EquiHerd are not involved in any transaction that takes place between users, guests, visitors, members, advertisers, sellers, buyers. As a result we have no control over the quality, safety and legality of the items advertised (including but not limited to services, jobs, events, items for loan or sale). You accept full responsibility for the legality of your own actions and transactions under laws applying to you.
Whilst a member's profile may still be listed on EquiHerd, we cannot guarantee that this member is still active and available. We make no warranty that the website and the contents are free from infection or viruses or anything with destructive properties and shall have no liability in respect of this.
14. Limitations of Liability
- To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
- We will not be liable for any consequential, indirect or special loss or damage;
- We will not be liable to you in respect of any loss or corruption of any data, database or software.
- We will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
- We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
- Our maximum liability in relation to any event or series of related events will be limited to as reasonable amount.
19. Exclusion of Third Party Rights
20. Entire Agreement
21. Law and Jurisdiction
22. Our Details
Our full contact information can be found on our Contact Us page.