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Terms & Conditions

You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these Terms and Conditions, you will not be able to Order any Services from our Website or register as a User.

  1. Interpretation
    1. ‘Acceptable Use Policy’ means the acceptable use policy contained in clauses 18 to 23 of these Terms and Conditions.
    2. ‘Advertisement’ means a User Advertisement and or a Business Advertisement.
    3. ‘Business Advertisements’ means an advertisement for products, the recruitment of staff and or services to be placed as a banner on the Website.
    4. ‘Confirmation’ means the acceptance of your Order by us which shall be signified by an email confirmation.
    5. ‘Contents Standard’ means the content standards set out in clause 21 of these Terms and Conditions.
    6. ‘Contract’ means the contract made between you and us for the supply of services which shall be formed when we send you a Confirmation.
    7. ‘Contribution’ means the posting or uploading of any type of material including but not limited to all User Content and making contact with other Users on or via the Website and placing an Advertisement.
    8. ‘Force Majeure Event’ shall have the meaning set out in clause 34.
    9. ‘Intellectual Property Rights’ means all vested contingent and future intellectual property rights including but not limited to copyright, trade marks (whether registered or unregistered), service marks, design rights (whether registered or unregistered) , patents, know-how, trade secrets, inventions, get-up, database rights, and any applications for the protection or registration of these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created to which we may be entitled.
    10. ‘Order’ means an order for or renewal of Services which is placed by submitting an Advertisement.
    11. ‘Privacy Policy’ means our privacy policy, a copy of which can be viewed here http://www.equestrianlinx.co.uk/privacy.php.
    12. ‘Refunds Policy’ means our refunds policy as set out in clause Error! Reference source not found..
    13. ‘Registered User’ means any person who has completed the User Registration.
    14. ‘Services’ means the hosting of an Advertisment.
    15. ‘Services Terms and Conditions’ means the terms and conditions set out in clauses 24 to 39.
    16. ‘Site Content’ means all the content on the Website excluding the User Content.
    17. ‘Terms and Conditions’ means these terms and conditions and any document referred to by them as amended from time to time, which shall include the Terms of Website Use, Privacy Policy, Services, Terms and Conditions and Acceptable Use Policy.
    18.  ‘Terms of Website Use’ means the terms of website use set out in clauses 2 to 17.
    19. ‘User’ means any person visiting or using the Website.
    20. ‘User Advertisement’ means an advertisement for an item for sale to be placed on the Website.
    21. ‘User Content’ means the photos, profiles, messages, notes, text, information and other content that you upload, publish or display on or through the Website.
    22. ‘User Registration’ means the registration as a Registered User on the Website to enable the Registered User to use the interactive services.
    23. ‘Website’ means the Equestrian Linx website at www.equestrianlinx.co.uk.
    24. ‘You/Your’ means any User.
    25. ‘We/our/us’ means Equestrian Linx of 49 Easthampstead Road, Wokingham, Berkshire, RG40 2EA.
  2. Terms of website use
    1. This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our Website, whether as a guest or a Registered User. Please read these Terms of Website Use carefully before you start to use the Website. By using our Website, you indicate that you accept these Terms of Website Use and that you agree to abide by them. If you do not agree to these Terms of Website Use, please refrain from using our Website.
  3. Information about us
    1. The Website is operated by Clare Youngs.
  4. Accessing our website
    1. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
    2. From time to time, we may restrict access to some parts of our Website, or our entire Website, to Registered Users.
    3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. 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 opinion you have failed to comply with any of the provisions of these Terms of Website Use.
    4. When using our Website, you must comply with the provisions of our Acceptable Use Policy.
    5. You are responsible for making all arrangements necessary for you to have access to our Website.  You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and Conditions, and that they comply with them. 
  5. Intellectual property rights
    1. We are the owner or the licensee of all Intellectual Property Rights in our Website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.
    2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website. 
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
    5. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
    6. If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  6. Reliance on information posted
    1. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User, or by anyone who may be informed of any of its contents.
  7. Our website changes regularly
    1. We aim to update our Website regularly, and may change the Site Content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
  8. Our liability
    1. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
      1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
      2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
        1. loss of income or revenue;
        2. loss of business;
        3. loss of profits or contracts;
        4. loss of anticipated savings;
        5. loss of data;
        1. loss of goodwill;
        2. wasted management or office time; and
          for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
      3. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
  9. Information about you and your visits to our website
    1. We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
  10. Transactions concluded through our website
    1. Contracts for the supply of Services formed through our Website or as a result of visits made by you are governed by our Services Terms and Conditions.
  11. Uploading material to our website
    1. Whenever you make a Contribution, you must comply with the Content Standards.  You warrant that any such Contribution does comply with those standards, and you indemnify us for any breach of that warranty. 
    2. Any Contribution will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any Contribution constitutes a violation of their intellectual property rights, or of their right to privacy.
    3. We will not be responsible, or liable to any third party, for the content or accuracy of any Contribution by you or any other User.
    4. We have the right to remove any Contribution you make if, in our opinion, such material does not comply with the Content Standards.
  12. Viruses, hacking and other offences
    1. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
    2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
    3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
  13. Linking to our website
    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    2. You must not establish a link from any website that is not owned by you.
    3. Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Content Standards.
    4. If you wish to make any use of material on our Website other than that set out above, please address your request to clare@equestrianlinx.co.uk.
  14. Links from our website
    1. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  15. Jurisdiction and applicable law
    1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.  These Terms of Website Use are governed by English law.
  16. Variations
    1. We may revise these Terms of Website Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Website Use may also be superseded by provisions or notices published elsewhere on our Website.
  17. Your concerns
    1. If you have any concerns about material which appears on our Website, please contact clare@equestrianlinx.co.uk.
  18. Acceptable Use Policy
    1. This Acceptable Use Policy sets out the terms between you and us under which you may access our Website. This Acceptable Use Policy applies to all Users of our Website.
    2. Your use of our Website means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms of Website Use.
  19. Prohibited uses
    1. You may use our Website only for lawful purposes.  You may not use our Website:
      1. In any way that breaches any applicable local, national or international law or regulation.
      2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
      3. For the purpose of harming or attempting to harm minors in any way.
      4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
      5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
      6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You also agree:
      1. Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our Terms of Website Use.
      2. Not to access without authority, interfere with, damage or disrupt:
        1. any part of our Website;
        2. any equipment or network on which our Website is stored;
        3. any software used in the provision of our Website; or
        4. any equipment or network or software owned or used by any third party.
  20. Interactive services
    1. We may from time to time provide interactive services on our Website, including, without limitation:
      1. Chat rooms.
      2. Bulletin boards.
      3. User pages.
    2. We will do our best to assess any possible risks for Users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a User in contravention of our Content Standards, whether the service is moderated or not.
    3. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
    4. Should a concern or difficulty arise in relation to any of our interactive services please contact clare@equestrianlinx.co.uk.
  21. Content standards
    1. These Content Standards apply to any and all Contributions, and to any interactive services associated with it.
    2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
    3. Contributions must:
      1. Be accurate (where they state facts).
      2. Be genuinely held (where they state opinions).
      3. Comply with applicable law in the UK and in any country from which they are posted.
    4. Contributions must not:
      1. Contain any material which is defamatory of any person.
      2. Contain any material which is obscene, offensive, hateful or inflammatory.
      3. Promote sexually explicit material.
      4. Promote violence.
      5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
      6. Infringe any copyright, database right or trade mark of any other person.
      7. Be likely to deceive any person.
      8. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
      9. Promote any illegal activity.
      10. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
      11. Be likely to harass, upset, embarrass, alarm or annoy any other person.
      12. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
      13. Give the impression that they emanate from us, if this is not the case.
      14. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  22. Suspension and termination
    1. We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Website.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 
    2. Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Website Use upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:
      1. Immediate, temporary or permanent withdrawal of your right to use our Website.
      2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.
      3. Issue of a warning to you.
      4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
      5. Further legal action against you.
    3. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
      We exclude liability for actions taken in response to breaches of this Acceptable Use Policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
  23. Changes to the acceptable use policy
    1. We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our Website.
  24. Your status
    1. By placing an Order through our Website, you warrant that:
      1. You are legally capable of entering into binding contracts; and
      2. You are at least 18 years old;
  25. How the contract is formed between you and us
    1. After placing an Order, you will receive  a Confirmation and at this time a binding contract shall exist between you and us.  We will agree to place the Advertisement contained within the Order on the Website and you agree that you shall have made a payment for the Services in accordance with clause 29 and continue to be bound by these Terms and Conditions.   
    2. The Contract will relate only to those Services we have confirmed in the Confirmation.  We will not be obliged to supply any other Services which may have been part of your Order until we have confirmed these Services in a separate Confirmation.
  26. THIRD PARTY GOODS
    1. We cannot give any undertaking, that services or products you purchase from third party sellers through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.  We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
  27. CANCELLATION AND REFUNDS
    1. You acknowledge that we will commence the Services as soon as you submit an Order and you recognise that you will not have the right to cancel an Order under the Consumer Protection (Distances Selling) Regulations 2000 as amended or any equivalent legislation in your jurisdiction.
    2. Cancellations made after your Order is submitted will not be eligible for any refund as a User Advertisement is placed on the Website with immediate effect and a Business Advertisement will be submitted to our Website developer / designer for insertion onto the Website immediately upon receipt of payment made in accordance with clause 29.6.
    3. Subject to clause 27.2, a User Advertisement can be cancelled or removed by Users to avoid unwanted responses by using the “Manage my Classified” section of the User’s profile.  Business Advertisements can be cancelled by email quoting the Order reference number to sales@equestrianlinx.co.uk.
  28. Availability and delivery OF SERVICE
    1. Your Order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Confirmation, unless there are exceptional circumstances. 
  29. Price, payment And duration
    1. The price of any Services and duration of an Advertisement will be as quoted on our Website from time to time, except in cases of obvious error. 
    2. The prices include any applicable VAT that may be charged from time to time.
    3. Prices are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you a Confirmation.
    4. It is always possible that, despite our best efforts, some of the Services listed on our Website may be incorrectly priced.  We will normally verify prices as part of our Confirmation procedures so that, where a Service's correct price is less than our stated price, we will charge the lower amount when performing the Service for you.  If a Service’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before performing the Service, or reject your Order and notify you of such rejection.
    5. We are under no obligation to provide the Service to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
    6. Payment for all User Advertisements must be made via PayPal when you submit your Order and payment for all Business Advertisements must be made via PayPal when we request payment upon confirmation that the correct information has been provided.
  30. Our liability
    1. We warrant to you that any Service performed by us shall be:
      1. performed with reasonable skill and care; and
      2. performed within a reasonable time. 
    2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to 125% of the price of the Services you purchased.
    3. This does not include or limit in any way our liability:
      1. For death or personal injury caused by our negligence;
      2. Under section 2(3) of the Consumer Protection Act 1987;
      3. For fraud or fraudulent misrepresentation; or
      4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
    4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
      1. loss of income or revenue
      2. loss of business
      3. loss of profits or contracts
      4. loss of anticipated savings
      5. loss of data
      6. loss of data, or
      7. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
        provided that this clause 30.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 30.1 or clause 30.2 or any other claims for direct financial loss that are not excluded by any of categories 30.4.1 to 30.4.7.
    5. Where you buy any product or service from a third party seller through our Website, the seller's individual liability will be set out in the seller's terms and conditions, if any.
  31. Written communications
    1. Applicable laws require that some of the information or communications we send to you should be in writing.  When using our Website, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our Website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.
  32. Notices
    1. All notices given by you to us must be given to us at  49 Easthampstead Road, Wokingham, Berkshire, RG40 2EA or clare@equestrianlinx.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an Order, or in any of the ways specified in clause 31 .  Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
  33. Transfer of rights and obligations
    1. The contract between you and us is binding on you and us and on our respective successors and assigns. 
    2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 
    3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  34. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a ‘Force Majeure Event’) .
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      1. Strikes, lock-outs or other industrial action.
      2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
      3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
      4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
      5. Impossibility of the use of public or private telecommunications networks.
      6. The acts, decrees, legislation, regulations or restrictions of any government.
    3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  35. Waiver
    1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
    3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 32.
  36. Severability
    1. If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  37. Entire agreement
    1. These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and/or User Registration and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    2. We each acknowledge that, in entering into a Contract or you completing a User Registration, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract or you completing a User Registration except as expressly stated in these Terms and Conditions.
    3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract or User Registration (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
  38. Our right to vary these terms and conditions
    1. We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
    2. You will be subject to the policies and Terms and Conditions in force at the time that you Order from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to Orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Confirmation).
  39. Law and jurisdiction
    1. Contracts for the supply of Services through our Website will be governed by English law.  Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.