Classifieds terms and conditions of registration and use
These Terms will apply to you, in consideration for the provision of the Services (User Contract). In addition, these Terms govern any contract made between you and British Dressage Trading Limited by which you subscribe for access to the subscriber-only content and services upon our sites (Subscriber Contract). Once you have entered into a Contract with us (meaning either a User Contract or Subscriber Contract, or both, as applicable) in accordance with these Terms, under each User Contract you will have access to the non-subscriber user Services as further set out on the applicable site and under a Subscriber Contract.
Please therefore read these Terms carefully and make sure that you understand them, before using any of the Services. Please note that before accessing the Services or purchasing an advert(s) you will be explicitly asked to agree to these Terms. If you refuse to accept these Terms, you will not be permitted to access the Services through our sites.
We may amend these Terms from time to time as set out in clause 5. Every time you wish to make use of the Service, please check these Terms to ensure you understand the terms which will apply at that time.
1 Information about us
1.1 We are a company registered in England and Wales. Our company registration number is 344026 with charitable status, charity number 1155352. Our registered office is at Building 2020, Copse Drive, Meriden Business Park, Meriden, West Midlands CV5 9RG. Our registered VAT number is 180 237 228.
1.2 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our membership team at 02476 698832 or via email at firstname.lastname@example.org
1.3 If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing, you can send this to the membership team via email at email@example.com or via post to our registered address set out at 1.1 above. We will confirm receipt of this by contacting you by return email.
2.1 Subject to your compliance with these Terms, you will have access to the Services provided through our sites.
2.2 Please note that we reserve the right to withdraw or amend the Services we provide on our sites. You acknowledge that these are websites that are delivered to you by means of the internet and that it is an inherently unreliable medium, and that we should therefore not be liable to you if for any reason either of our sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our sites, or the entirety of our site or sites to users who have purchased a product.
2.3 It is your sole responsibility to ensure that information on our sites which is provided by you is correct. We do not monitor any user posted content on our sites for reliability and accuracy. Therefore we cannot make any representation or give any guarantee or warranty as to the completeness or accuracy of the information contained in any user posted content or accept any responsibility for this as we are merely providing access to such information to you.
2.4 Our sites are directed to people residing in the United Kingdom. We do not represent that content available on or through our sites is appropriate or available in other locations. We may limit the availability of our sites or any service described on our sites to any person or geographic area at any time. If you choose to access our sites from outside the United Kingdom, you do so at your own risk.
2.5 You may not mirror or frame any material from our sites and you agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience whether to us or any subscribers or the users of our sites by any means including the use of the our sites for persistently sending unsolicited communications (also known as ‘spamming’).
2.6 You must not misuse our sites by knowingly introducing any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored nor any server, computer or database connected to our sites. You must not attack any of our sites 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 sites will cease immediately.
3 How we use your personal information
4 Advert Content, Authority and Agreement
4.1 To be eligible to use our Services you must (i) have full legal capacity to enter into a contract; (ii) if you are an individual, be at least 18 years old. You further represent and warrant to us that you have authority to bind any business on whose behalf you use our sites or otherwise access the Services.
4.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.3 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
4.4 In registering on our sites you agree to the following:
4.5.1 by lodging material with us for publication to our sites or authorising or approving the publication of any material onto our sites you warrant that:
(a) you have all required consents, licenses or permission to use the material;
(b) the material complies with all applicable laws and regulations in the UK and in any country from which it is posted;
(c) the material is not:
(i) defamatory, obscene, offensive, threatening, hateful, abusive or inflammatory;
(ii) made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(iii) does not infringe any intellectual property rights of any other person or entity;
(iv) promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(v) false, fraudulent, misleading or inaccurate, including giving the impression they emanate from us (or any other person or company), if this is not the case;
(d) you either own or are legally entitled to sell each item listed and that the sale of such item is legal in the jurisdiction in which the buyer is resident and such item is not counterfeit or stolen;
4.5.2 whilst we do not monitor the sites in order to ascertain whether or not you have acted in accordance with the above obligations if we determine that you are in breach of any of the terms of this 4.5.1, we may, in our absolute discretion, take any such action as we deem appropriate, including (but not limited to): removing any content uploaded by you to our sites; issuing a formal warning to you; suspending or terminating your access to our sites; reporting your actions to the appropriate authorities; or taking legal action against you. For the avoidance of doubt YOU MUST OWN OR HAVE A LICENCE TO USE ANY AND ALL IMAGES THAT YOU USE WITHIN YOUR ADVERTS.
4.5.3 we are not responsible for verifying the identity of any users nor are we responsible for the purchase of any products, services animals or vehicles and you accept that any purchase is at your own risk and are responsible for obtaining any appropriate professional advice required prior to purchasing;
4.5.4 In the event that you have any right, claim or action against any other user arising from that user's use of our sites, you agree to pursue such right, claim or action independently of and without recourse to us, and you release us 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;
4.5.5 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 any of our sites in any website that is not owned by you. Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice.
4.5.6 Upon adding an advert to a site by clicking the “submit” button you acknowledge that we will commence supplying our services immediately and that you will be charged for the advert in full. Each advert is for a single horse, pony, vehicle or item and substitutions are not accepted on any adverts.
4.5.7 and you shall indemnify us in full against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of 4.5.1 – 4.5.6 above.
5 Our right to vary these Terms
5.1 We may amend these Terms from time to time.
5.2 the Terms in force at the time of your purchase will apply to the Contract between you and us.
5.3 We may revise these Terms from time to time to reflect the following circumstances:
5.3.1 changes in relevant laws and regulatory requirements; or
5.3.2 where changes are made to our sites or the Services; or
5.3.3 where we change the supplier that operates the sites on our behalf.
6 Your account and use of the Services
6.1 You must treat your account details, including your username and password, as confidential, and not disclose them to any third party other than those employees or members of your business who have your authority to access our sites.
6.2 If you know or suspect that anyone other than a third party you have specifically authorised knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
6.3 You are responsible for any activities that occur under your account. We shall not be liable to you or any third party for any loss or damage which may arise as a result of any failure by you to keep your password or account confidential.
6.4 Our sites may only be used for lawful purposes. You are prohibited from violating or attempting to violate the security of our sites or using them to obtain products or services not properly ordered and fully paid for.
6.5 You may not interrupt or attempt to interrupt the operation of our sites in any way or send unsolicited email messages ('Spam') to or through our sites or otherwise harass the site owner, provider, or other users.
6.6 Our sites may contain references or cross references to products that are not available in every country.
6.7 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 sole opinion you have failed to comply with any of the provisions of these Terms.
7 Our Provision of the Services
7.1 We will make reasonable efforts to keep the Services operational at all times. Technical difficulties may result in temporary interruptions to the Services.
7.2 No interruptions to the Services shall entitle you to a refund of any payment already made by you.
7.3 We are under no obligation to provide any content for the Services and reserve the right to upload, remove, vary or otherwise deal with any content provided on our sites from time to time.
8 Licence and intellectual property
8.1 Any content you upload to our sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you by these Terms you grant us and other users of our sites 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 any of our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
8.2 “British Dressage” is our registered trade mark and neither the name of the company, nor any logo or device incorporating that mark or our company name shall be used without our prior written consent.
8.3 All intellectual property rights, and all other rights including goodwill, whether now known or created in the future, in the content provided through the Services is our property and shall vest in us.
8.4 Under the User Contract we grant you a limited, non-exclusive, revocable licence to view, access, download or print content provided through the Services (Licence). When you download or print any content, you must ensure that all copyright, trade mark and other proprietary notices comprised within that content are retained.
8.5 You shall not assign or sub-licence your rights under the Licence.
8.6 Your Licence does not permit you to:
8.6.1 Copy, amend or modify, reproduce, republish, post, broadcast or transmit content or material provided via the Services, use any of our trade marks, or authorise or assist anyone else to do so without our express prior written consent.
8.7 If you breach the terms of this clause 11, we may, in our absolute discretion, terminate your right to use any of our sites immediately and in any event you must, at our option, return or destroy any copies of the materials you have made
9.1 Nothing in these Terms limits or excludes our liability for:
9.1.1 death or personal injury caused by our negligence; or
9.1.2 fraud or fraudulent misrepresentation;
9.2 we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
9.2.1 any loss of profits, sales, business, or revenue;
9.2.2 loss or corruption of data, information or software;
9.2.3 loss of business opportunity;
9.2.4 loss of anticipated savings;
9.2.5 loss of goodwill; or
9.2.6 any indirect or consequential loss.
9.3 We will not be liable to any user 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:
9.3.1 use of, or inability to use, our sites; or
9.3.2 use of or reliance on any content displayed on our sites.
9.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on them, or on any website linked to them.
9.5 We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9.6 Subject to clauses 9.1 to 9.5 above, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the total Advert Fee paid by you.
9.7 You shall remain solely responsible for compliance with your legal duties and obligations, including (but without limitation) in respect of all sales or services provided to your own customers.
9.8 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the content provided through the Services is suitable for your purposes.
10 Confidential information
10.1 Any non-personal information or material, save for financial information, sent to us will be deemed NOT to be confidential. By sending us any non-personal information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless:
10.1.1 you grant us permission to do so;
10.1.2 we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or
10.1.3 we are required to do so by law.
11 Other sites
12 Other important terms
12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
12.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
British Dressage classifieds 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. British Dressage 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. British Dressage 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.
British Dressage 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 British Dressage 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 website must have the prior consent of the photographer. The seller is responsible for gaining any photographers approval prior to forwarding photographs to British Dressage to use on the website. British Dressage 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
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 British Dressage 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.
1. Contents are only for general information.
2. The British Dressage website is updated regularly. 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. British Dressage 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 British Dressage 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 advertisements submitted by third party advertisers and we accept no responsibility for the content or accuracy of such advertisements, 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 standard adverts are for one horse, pony, vehicle or item / service only and no substitutions are allowed. British Dressage will disallow substitute adverts.
8. All liability is excluded to the extent permitted by law including any implied terms.
9. ALL photographs used on the website MUST have the prior consent of the photographer. The seller is responsible for gaining any photographers approval prior to uploading photographs to use on the website. British Dressage cannot be held responsible for any issues arising due to copyright protection on photographs.
10. British Dressage accepts links to third party websites. No website links will be accepted if the website being linked to is a competitor to British Dressage in any way. If the website being linked to offers, accepts, promotes or is associated with another website that supplied online advertisements from third party advertisers the website link will be rejected.
11. If British Dressage rejects a website link as it is infringement with the terms and conditions prior to processing the advertisement a full refund will be made.
12. The website address stated in the advertisement must be the website address that the link points to. Redirection of website links to a different website will not be accepted.
13. Any adverts submitted to British Dressage with references to the following in the description of the advertisement will have the information removed without notification before the advertisement is processed. This will be at British Dressage discretion.
* References to websites
* Links to websites
* Details of companies in competition with British Dressage
14. 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 Advertisements
15. British Dressage accepts advertisements at its own discretion. British Dressage has a right to reject any advertisements if it does not comply with the terms and conditions of advertising. British Dressage does not have to justify its reasoning for the rejection of any advertisements.
16. If an advertiser is stopped from advertising on the web site for whatever reason (which British Dressage does not have to justify), they will receive notification of this in an email or by letter. The advertiser must then not submit advertisements to British Dressage, this includes advertisements submitted from their companies or businesses, companies or business associated to them or any person submitting adverts on their behalf. If after notification of British Dressage decision to no longer allow their advertisements any advertisements submitted to British Dressage which are submitted from them, their companies or businesses, or any person submitting advertisements on their behalf will be dealt with as follows.
* Prior to the advertisement being processed a refund less £2.50 admin charge will be made.
* If the advertisement is processed and it then comes to light that the advertisement is related to or has been submitted on behalf of the banned advertiser, the advertisement will be immediately withdrawn and no refund will be made.
17. If an advertiser does not comply with British Dressage Terms and Conditions of Advertising British Dressage will withdraw any advertisers advert from the website without warning and no refund will be made.
British Dressage will reject adverts from advertisers who are under 18 years old.
All standard adverts are for one horse, pony, vehicle or item / service only and no substitutions are allowed. British Dressage will disallow substitute adverts.
18. If you are a trader acting in the course of your business, you are not permitted to place any advert as a private advert and/or otherwise pass yourself off as a private seller. The Consumer Protection from Unfair Trading Practices Regulations 2008 requires all adverts placed by people who seek to sell goods in the course of business to make the fact clear. This requirement applies whether the advertiser is acting on his own behalf, or for some other person. Customers should be able to tell whether an advert relates to a sale by a trade or private seller. It is the responsibility of the advertiser to comply with the Regulations. If you are a trader acting in the course of your business, it is an offence, for which you may be prosecuted, not to advertise the fact that you are a trader.
19. We may, in our sole discretion, remove any advert that has been placed as private which we reasonably believe has been placed by a trader acting in the course of a business. In such circumstances, you will not be entitled to any refund for the advert in question and you may be charged an administration fee by us.
20. If on submission and payment of an advertisement to British Dressage the advertiser decides not to have the advertisement processed the advertiser must contact British Dressage by email or telephone providing the advertisement reference number requesting that the advertisement is not processed. A full refund will then be made but only if the advert has not already appeared live on the British Dressage website. (This excludes banned advertisers who will be charged an admin fee of £2.50 per advertisement, please see section on refusal of advertisements.)
21. No refunds will be made after the advertisement has been processed and placed live on the British Dressage web site. The only exceptions to this will be at British Dressage discretion and only in exceptional circumstances. Any refunds given at this point will be subject to a £10 admin charge.
Emails sent from advertisements on the website
22. Emails sent from advertisements on the website in response to any advertisement may be copied to British Dressage.
23. British Dressage will filter and reject and therefore will not forward to the advertiser any emails that are sent though the website which are considered scam emails, emails sent from competitors websites or from websites / email addresses or people associated with, in connection with or promoting any website which may be considered in competition with British Dressage. This includes any person associated with, in connection with or promoting any business offering online pet advertisements to third parties. Emails sent through the website in response to advertisers that state any of the above or has any references to websites will also be automatically rejected. Any rejected emails will be checked and will be forwarded to the advertiser if British Dressage feels they were filtered in error.