Terms & conditions
TERMS AND CONDITIONS FOR THE USE OF THIS WEBSITE
This website (“Website”) is owned and operated by British Dressage (“we/us/our”). We are a company limited by guarantee registered in England under number 03443026 and our registered office is at the National Agricultural Centre, Stoneleigh Park, Kenilworth, Warwickshire, CV8 2RJ, United Kingdom. If you wish to contact us, please however write to us at British Dressage, Stoneleigh Park, Kenilworth, Warwickshire, CV8 2RJ, telephone 024 76 698830 or email us at email@example.com.
For Members and general visitors, these Terms and Conditions (“Terms and Conditions”) apply in relation to all uses of the Website. Your use of this Website constitutes your acceptance of these terms and conditions. We reserve the right to amend these Terms and Conditions as we see fit from time to time.
2. Failure to comply with the law may have serious consequences. If you publish an untrue statement about a person which is damaging to their reputation they may take a libel action against you. A successful libel claim against you will result in an award of damages against you.
3. You agree to use britishdressage.co.uk forum in accordance with the following Forum Rules. These apply across all britishdressage.co.uk forum sites and services. We reserve the right to remove or edit any posting on the Forum that contravenes these Forum Rules. The forum is moderated both by staff and volunteers and the decision of the moderators is final. BD forum administrators have full access to membership profiles of all forum posters; in case of legal proceedings filed individuals will be responsible for their actions and details passed to relevant parties.
(i) About your posts:
·Contributions must be civil and tasteful.
·Contributions should adhere to basic standards and nothing false or misleading should be posted
·No disruptive, offensive, rude or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble. This includes personal attacks on other forum users or BD staff/volunteers/officials/organiser, either directly or by implication. Users who posts defamatory, obscene, racial or otherwise offensive material on this Forum acknowledge that this may expose them to the risk of legal action (whether civil or criminal) being taken against them.
·No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
·No spamming or off-topic material: we don't allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
·No advertising or promoting.
·Contributions containing languages other than English may be removed unless allowed in the relevant local house rules.
·No inappropriate (e.g. vulgar, offensive etc.) user names.
·Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.
(ii) Your BRITISH DRESSAGE Account:
If you use multiple logins for the purpose of disrupting a forum or annoying other users you may have action taken against your accounts.
All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
The BRITISH DRESSAGE reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple BRITISH DRESSAGE accounts, or disrupts any of our services in any way.
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified) in any BRITISH DRESSAGE forum.
(iv) Legal requirements:
·You may not submit or share any defamatory or illegal material of any nature in britishdressage.co.uk forum. This includes text, graphics, video, programs or audio.
·Contributing material to a britishdressage.co.uk forum with the intention of committing or promoting an illegal act is strictly prohibited.
·You agree to submit to or share with britishdressage.co.uk forum only contributions which are your own original work. You must not violate, plagiarise, or infringe the rights of the BRITISH DRESSAGE or third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
(v) If you're under 16:
·Please get a parent's or guardian's permission before taking part in the britishdressage.co.uk forum.
·Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).
(vi) If you breach these Forum Rules:
If you fail to abide by these Forum Rules (and/or any variations in relevant local house rules) when taking part in a britishdressage.co.uk forum, a three tier discipline process will apply.
- A clear breech of forum rules
- Three cumulative post and/or thread removals from any one user for any reason.
1st offence – temporary suspension for a period of 2 – 4 weeks. Suspended member will not be able to post on the forum but can still view them. The offence will always remain on the user’s record and never expire.
2nd offence – temporary suspension of 4 -6 weeks and the removal of the right to use an alias. Suspended member will not be able to post on the forum but can still view them. When their rights are returned, they will have to post under their proper name as registered with British Dressage.
3rd offence – permanent suspension – all posting rights removed.
If a first offence is deemed serious enough, 2nd offence discipline or instant permanent suspension may be implemented.
If you submit or share offensive or inappropriate content to or with any britishdressage.co.uk forum or anywhere else on britishdressage.co.uk or otherwise engage in any disruptive behaviour on britishdressage.co.uk, and the BRITISH DRESSAGE considers such behaviour to be serious and/or repeated, the BRITISH DRESSAGE may use whatever information that is available to it about you to stop any further such infringements.
The BRITISH DRESSAGE reserves the right to delete any contribution, or take action against any BRITISH DRESSAGE account, at any time, for any reason without explanation.
Disclaimers and Limitation of Liability
3. The majority of content posted in britishdressage.co.uk forum is created by members of the public. The views expressed are theirs and unless specifically stated are not those of the BRITISH DRESSAGE. BRITISH DRESSAGE is not responsible for any content posted by members of the public on britishdressage.co.uk or for the availability or content of any third party sites that are accessible through britishdressage.co.uk. Any links to third party websites from britishdressage.co.uk do not amount to any endorsement of that site by the BRITISH DRESSAGE and any use of that site by you is at your own risk.
The Website enables you to join British Dressage as a member (“Member”) and use the services which include, but are not limited to, membership application, membership renewal, horse registration, change of contact details, display of horse and rider results and a classified advert section (the “Services”). It also enables you to select and order products (the “Products”) from a range of merchandise which we offer. The Website describes in more detail the process of joining British Dressage and theServices and Products available to you.
Applications for Membership and orders for Products may only be made by persons who can form legally binding contracts under applicable law. We accept that you can do this if you present us with the details of a valid credit or debit card when you offer payment. If you cannot do so, you are only entitled to view the Website but you may not place an order for a Product. If an individual is under the age of eighteen (18) and wishes to apply for Membership on line then an appropriate adult must apply and pay for Membership on their behalf.
1. Our undertakings regarding the Website
1.1 We will exercise all reasonable care in compiling the content of the Website which we provide to you subject to these Terms and Conditions.
1.2 We will use all reasonable efforts to ensure that the Website is available at all times, (but please see the limitations and reservations which we set out in the next section).
2. Limitations and reservations: availability of the Website
2.1 We do not represent that access to the Website or any part of it will be uninterrupted, reliable or error free nor do we represent or warrant to you that it will be accurate, complete or reliable.
2.2 We reserve the right in our sole discretion to:
2.2.1 deny access to the Website or any part of it to you without notice to you whether or not you are in breach of these Terms and Conditions;
2.2.2 modify or withdraw, temporarily or permanently the Website in whole or in part without notice to you.
2.3 We provide the Website on an “as is” and “as available” basis and make no representations of any kind with respect to the Website or its contents, whether in terms of accuracy, completeness, suitability for any purpose of the information and related graphics or otherwise.
2.4 The content of the Website may contain technical inaccuracies or typographical errors but the liability of British Dressage arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
2.5 Your use of the Website is entirely at your own risk. We shall not be liable for any losses whether direct or indirect which you may suffer as a result of any defect in the Website including server failure, access delays or interruptions, data loss or non-delivery and delays in provision of services, breaches of security whether arising from unauthorised use or “hacking” or otherwise or for the consequences arising from or related to any viruses or other disruptive elements transmitted through its servers, or any liability, costs, loss of profits, contracts, business or anticipated savings or other consequential losses arising from your use of, or inability to access the Website. Whether such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred. We give no warranty that any material you download 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 for your own protective purposes.
2.6 None of the exclusions or limitations above shall
2.6.1 limit any rights you may have as a consumer or other statutory rights which may not be excluded or restricted;
2.6.2 exclude or restrict our liability for death or personal injury caused by our negligence;
and each of them shall be construed as a separate and severable provision of these Terms and Conditions.
2.7 Certain links including hypertext links on the Website will take you outside this Website. Such links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website other than this Website or any goods or services which may be purchased from any third party owned website.
3. Purchase and delivery of the Products
3.1 To order Products you will need to follow the ordering procedures set out on this Website. Prices of the Products, packaging and carriage are also displayed. Payment by credit card will carry a £2.00 processing fee, no charge for using a debit card.
3.2 British Dressage is not responsible for any aspect of the Product if its appearance or purpose is not in accordance with your expectations.
3.3 We are entitled to refuse any order placed by you without stating any grounds for such refusal. If your order is accepted, we shall confirm acceptance to you by return email to the email address you have given us on ordering. The order will then be fulfilled by the date (if any) set out in any confirmation or else within30 days.
3.4 Any times or dates for delivery of the Products you have ordered indicated on the Website or stated in our order confirmation or elsewhere are estimates only. We shall make every reasonable effort to deliver the Products within any time specified but we do not accept any liability for any failure to deliver within any time limit.
3.5 You must pay the Product price and packing and delivery charges (multiplied by the quantities of Products you order) and any applicable taxes (“Price”) by applicable means at the time of your order. The Price is the price and charges in force at the date of your order. We may change Prices of Products at any time before you order them. We make every effort to ensure that the Prices shown on the Website are accurate but the Price on your order will need to be validated by us if we accept your order. We shall inform you if a Product’s correct Price is higher than that stated on your order and you may cancel the order and decide whether or not to order the Product at the correct Price.
3.6 You acknowledge that the Products shown on the Website shall be deemed in law to constitute an invitation to treat. Your order amounts to an offer to purchase the Products at the Prices shown in the Website. Our confirmation of acceptance forms a contract between you and British Dressage.
3.7 You will become the owner of the Products you have ordered when they are delivered to you. Delivery to you shall be by Royal Mail or courier in accordance with the details (inclusive of any export restrictions or special terms) and at the rates shown on the Website. Once the Products have been delivered they will be held at your own risk and we shall not be liable for their loss or destruction.
3.8 We reserve the right to cancel our contract with you in the event that we have insufficient stock to deliver the Products you have ordered or if we do not or cannot deliver the Products to the delivery address you have given us but in the event that we do cancel the contract, we will notify you by email or telephone as appropriate and re-credit any sums deducted from your credit or debit card as soon as possible. We are not obliged to offer any additional compensation for any disappointment or other loss suffered by you.
3.9 If the Product you have ordered is unavailable we may substitute the most relevant replacement Product.
3.10 You undertake that all details you provide to us in addition to Content for the purpose of purchasing the Products will be correct and that in particular the credit or debit card or any electronic method of payment you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products ordered. We reserve the right to obtain validation of your credit or debit card or other means of payment before shipping any Products to you.
3.11 No credit terms are available to any of our customers.
3.12 Refunds; You have the right to cancel within seven days of the start of the contract with us, or seven days of receipt of the goods (whichever is the longer. If you decide to cancel your order, your payment will be returned when the item is returned to the British Dressage offices. You are liable for the postage costs incurred as a result of returning the iteam.
4. Liability and disclaimers: Products
4.1 We warrant that the Products you purchase will correspond to its description on the Website and that they will be of satisfactory quality and will be fit for their reasonable purposes. We exclude all other express or implied terms, conditions, warranties, representations and endorsements whatsoever with regard to the Products. In the event that the Product itself is not of satisfactory quality or fails to correspond with its description or is not fit for its reasonable purposes, our liability in these respects shall be either to replace your order or else to reimburse to you the costs you have paid.
4.2 Notwithstanding the exclusions or limitations of our liability in these Terms and Conditions, nothing herein shall limit your rights as a consumer under English law or exclude our liability for death or personal injury caused by our negligence.
4.3 Save as stated, we are not liable, in contract, tort (including, without limitation, negligence) for any pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Products for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation or any special or indirect or consequential losses, in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred.
4.4 There is a classified advert section on the Website which we provide as part of the Services. Please be aware that you use and act on the information published on the classified advert pages entirely at your own risk. We are not liable in contract, tort (including, without limitation, negligence) for any pre-contract or other representations or otherwise out of or in connection with the products advertised on the classified adverts for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation or any special or indirect or consequential loss from your use of this Service. We cannot be held responsible if any information provided on the classified adverts is incorrect or misleading. The text of the adverts published on the classifieds pages has been provided to this site by the advertisers. If their description is not accurate or you require further information then contact the advertised service and complain if necessary.
5.1 To become a Member of British Dressage you will be required to follow the Membership application procedure set out on this Website where the prices, details and rules of Membership are all displayed together with a membership application form.
5.2 The Board of Directors of British Dressage is entitled to refuse, at our absolute discretion, any application for Membership of British Dressage.
6.1 You understand and accept that as a condition of Membership, all data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether you display these publicly or privately transmit them through the Website are your sole responsibility. You further agree and warrant that you will not upload or transmit any Content which is unlawful, objectionable or inappropriate, specifically if it is obscene, pornographic, defamatory, invasive of any third party’s privacy, is sexually or racially abusive or infringes any trade mark, copyright or other intellectual property right of any third party. Specifically, you must not upload or transmit any Content which is abusive or harmful to children in any way, or which advocates or promotes illegal activity or contains computer viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
6.2 As soon as we become aware of any Content uploaded or transmitted to us which breaches any of these Terms and Conditions, we reserve the right (although not the obligation) in our sole discretion to stop your use of the Website, cancel your Membership, use of the Membership Services and to refuse to accept your order or else modify or remove any Content that is available through the Website if it violates these Terms and Conditions generally or which we reasonably believe may be harmful to us or to any third parties.
6.3 We may be obliged to report any unlawful Content which is particularly severe in nature or the circumstances of any breach of these Terms and Conditions to your internet service provider (ISP) or to any relevant authority and reserve the right to do so providing we act reasonably and proportionately in appropriate circumstances. All incidents of this nature will be logged by us and our decision is final in every case.
8. Intellectual property
8.1 You understand that all rights in the design, text, graphics and other material on this
Website and the selection or arrangement thereof are the copyright of British Dressage or
other third parties. There may also be moral rights, design rights, database right and trade
marks belonging to British Dressage or certain third parties. The BD BRITISH DRESSAGE
text and logo isour trade mark.
8.2 We grant you permission to electronically copy and print in hard copy portions of our
Website solely in connection with your own private information gathering purposes. Any
other use of the Website content (including reproduction for purposes other than those
noted above and alteration, modification, distribution or republication) without our prior
written permission is strictly prohibited. For the avoidance of doubt you agree that you will
only use this Website for your own private purposes and that you shall not exploit the
Website or any of its contents for any commercial purpose.
8.3 No permission is given by British Dressage in respect of the use of any third party owned
trade marks, get-up, product names, company names, logos or titles and such use may
constitute an infringement of the owners rights.
9. Entire agreement
These Terms and Conditions constitute the entire agreement between you and British Dressage with respect to your use of the Website and supersede any previous arrangement, agreement, undertaking or proposal whether set out in writing or agreed verbally between you and us. No verbal explanation or information given by either party shall alter the interpretation of these Terms and Conditions.
10. No representation
You agree that you have not relied on any representation save insofar as the same has been made expressly as a representation within these Terms and Conditions.
11. No waiver
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless we acknowledge and agree otherwise in writing.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction or other lawful authority to be invalid or unenforceable, then such provision shall be construed as nearly as possible to reflect the intentions of the parties with all other provisions remaining in full force and effect.
13. Events beyond our control
We shall not be liable to you for any breach of these Terms and Conditions or any failure to provide or delay in providing any information through this Website resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
We may, but you may not assign any rights or transfer, sub-contract or delegate any obligations under these Terms and Conditions. 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 parties.
15. Third parties
Nothing in these Terms and Conditions shall create any right or entitlement, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise, in favour of any person other than you and British Dressage.
16. Territory and Applicable law
These Terms and Conditions shall be governed and interpreted in accordance with English law in the exclusive jurisdiction of the courts of England and Wales.
The Website is controlled and operated by British Dressage in England. We have used our reasonable endeavours to ensure that the Website complies with the laws prevailing in the United Kingdom of Great Britain and Northern Ireland but British Dressage makes no representation that the materials on the Website are appropriate or available for use in jurisdictions other than the United Kingdom. If you are visiting the Website from elsewhere, you do so on your own initiative and you are responsible for compliance with all applicable laws. IF YOUR USE OF OR VIEWING OF THE WEBSITE IS IN ANY WAY CONTRARY TO ANY APPLICABLE LAW IN YOUR OWN JURISDICTION, YOU ARE NOT AUTHORISED BY BRITISH DRESSAGE TO USE OR VIEW THE WEBSITE AND YOU MUST EXIT IMMEDIATELY.
© British Dressage 2007. All rights reserved.
3. When you order Products or apply for Membership from the Website, we need to know your name and address, postal address (and address for dispatch of the Products you order), email address, telephone number, credit or debit card details (including expiry date) and any further information required for your Membership. We also need to know the Products you wish to order. We use this information to process your order and administer the Membership Services and communicate with you accordingly in respect of your order or Membership.
4. Our privacy assurances as set out below apply to any information you provide as specified above to us in connection with your Membership or any order for Products you make on the Website.
6. We shall use best practice technical and organisational measures to ensure the security of Personal Information held by us. Due to the nature of the technology, we cannot however offer you guaranteed security of information. You shall in turn keep any Membership passwords issued to you by us in order to enable you to access the Membership Services or your ordering information or request repeat orders on this Website in strictest confidence and that you will not disclose them to any third party.
7. We may retain your Personal Information in the event that you wish to contact us at any time in relation to your Membership or any Product that you have ordered from the Website. If you wish to opt-out from the foregoing, please indicate your intention to opt-out at the time of applying for Membership or ordering a Product on the contact details section or please email us at firstname.lastname@example.org. In any event, we shall not hold your Personal Information for longer than 2 years from the date of your last order or from the expiry of your Membership.
8. We would like to send you details of new Products or services that may be of interest to you by email or post. We may also want to ask you for feedback and comments on our Products and Membership Service. In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“Regulations”), you may indicate your refusal at any time to receive further communications of this nature from us.
10. You must ensure that all Personal Information you provide is accurate and complete and that all details (where applicable) contain your correct name and address and other requested details.
11. We may use your information to look at ways in which the Website can be improved and for the purpose of administration. We may use aggregate information and statistics for the purposes of monitoring Website usage and traffic trends in order to help us develop the Website. We may share your information and aggregate information with our service providers and other third parties for these purposes. The statistics we provide will not however include any Personal Information. [We may also provide your information to our customer service agencies for research and analysis purposes so that we can better understand Product purchase patterns and monitor and improve the service we provide. We or our agents and subcontractors may contact you by post, telephone or email to request your comments on the Website generally.
12. British Dressage uses “cookies” which collect and store anonymous information passively from information which you upload in the course of using the Membership Services or ordering Products from us. This technology plays an important role in improving our Membership Services and Products. A “cookie” is a small text file with a unique identification number that is transferred from the Website to your computer so that we may identify your computer and passively track its activities through the Website. Cookies are automatically transmitted to your browser and they then may be stored on your hard disk. They are used to personalise the nature and content of what you receive. However, cookies will not allow the Website to obtain any Personal Information that you have not disclosed at the time you make your order.
13. We shall not transfer your Personal Information to any countries outside of the European Economic Area which do not provide the same level of protection as in the United Kingdom.
14. You have the right to request a copy of the information which we hold on you and which is subject to the DPA (for which we may make a small charge) and correct any inaccuracies in your information. You may make any such corrections (inclusive of blocking any Personal Information which is inaccurate or incomplete) at any time by emailing us at email@example.com. If you would like to review or modify any part of your Personal Information then you should email usat firstname.lastname@example.org or change your details via the contact details section on the Website. We remind you that you can at any time opt out of receiving any direct marketing in any medium notwithstanding any previous consent you may have given to British Dressage permitting us to send you direct marketing.