Terms and Conditions Buyers & Others
Welcome to Horse Monkey. |
Horse Monkey enables people in the UK to plan, promote, and sell tickets, entries and/or services to any equestrian event. Horse Monkey makes it easy for everyone passionate about horses to discover events, and to share the events they are attending with the people they know. The following pages contain our Terms and Conditions of Use, which govern all use of our Services.
1. Who we are
1.1 Who we are. We are Horse Monkey Limited, a company incorporated in England and Wales with Company Number 8227088. Our registered office address is at 1 Gleneagles Drive, Brockhall Village, Old Langho, Lancashire, BB6 8BF, but our main trading address is at Old Dairy, Clifton Fields, Lytham Rd Clifton, Preston, PR4 0XG. Our VAT registration number is 151 6571 17.
1.2 How to contact us. You can contact us in any of the following ways:
By post: Old Dairy, Clifton Fields, Lytham Rd Clifton, Preston, PR4 0XG.
By email: firstname.lastname@example.org.
By phone: 07584 123032.
1.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us when you registered for Horse Monkey.
1.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails
2.1 What these terms cover. These are the terms and conditions on which we allow you to use the Horse Monkey website and sub-domains ("Horse Monkey").
2.2 Why you should read them. Please read these terms carefully before you use Horse Monkey. These terms tell you who we are, how we will provide Horse Monkey to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.4 We may make changes to these terms. We may amend these terms from time to time. Any changes are usually posted on Horse Monkey and users notified on login.
2.5 Horse Monkey is only for users in the UK. Horse Monkey is directed to people residing in the United Kingdom. We make no representations that any content or services available through Horse Monkey is appropriate for use or available in other locations.
3. Definitions and Interpretation
3.1 In these terms we will use some defined terms. In addition to any terms defined elsewhere in these terms, the following definitions will apply throughout these terms:
"Event" an event organised by an Organiser which is then advertised/promoted and/or administered on Horse Monkey.
"Organiser Content" means the details or description about an Event, or the Organiser published on Horse Monkey by the Organiser.
"Organiser" means an organisation or person using Horse Monkey to create Events to be displayed on Horse Monkey for individuals using Horse Monkey to see and book onto.
4. DATA PROTECTION
4.1 We are a data controller, and relevant Organisers will also be data controllers. We are the data controller of all information that you input onto Horse Monkey. However, where you submit personal details in respect of a particular Organiser’s Event, then that Organiser will also be the data controller of the information you have supplied and which we will share with them.
4.3 Payment Details. Where you submit credit card details on Horse Monkey then we do not have access to or store such details as this is automatically submitted direct to Stripe. Stripe’s terms and conditions and any relevant personal information notice will apply. In such cases, Stripe shall be the data controller of such information.
5.Registration for a Horse Monkey Account
5.1 Registration is required to access certain features. Whilst you can access and view Horse Monkey without registering or logging on, you will need to register your details to be able to register for or book tickets for Events.
5.2 You are responsible for keeping your account details secret. You are responsible for your own password and username security and you are responsible for any action taken under that account and username. If you suspect that your account may be compromised you should contact us immediately.
5.4 We are unable to accept registrations from children under the age of 18. Anyone under the age of 18 is expressly prohibited from registering for Horse Monkey. However, an adult is able to register for Horse Monkey and use their registration to administer membership or book or register for Events for under 18s.
6. Relationships AND ROLES
6.1 We are a service provider and not an Organiser. We are a service provider to users of Horse Monkey to facilitate Event management and administration. We do not create, own or organise any Event in any way and act as the relevant Organiser’s limited agent solely for the purpose of accepting bookings and/or registrations for Events.
6.2 How we handle payments. Where you make payments through Horse Monkey then this is handled in different ways: where the Organiser is using the our preferred payment processing services through Stripe, Inc. ("Stripe"), then we and Stripe act as the Organiser’s limited agent solely for the purpose of collecting payments made by you on Horse Monkey and passing such payments to the Organiser; or where the Organiser uses a third party payment processor, or handles payment processing itself, then Horse Monkey is not processing the payment and will simply transmit the payment details (if applicable) to the Organiser or their designated payment provider.
7. Organiser pages and Content
7.1 We are not responsible for an Organiser’s Content. Each Organiser is solely responsible for any Organiser Content it creates and publishes on Horse Monkey and we cannot accept any liability for such Organiser Content. We do not actively monitor such Organiser Content, but you can report any Organiser Content that you consider to be inappropriate by contacting us.
7.2 Horse Monkey may contain links to other websites. We have no control over such websites and the content of those links. We are not responsible for availability of the links, the content of those websites or for any advertisements, products, services or other materials on those websites. We are not responsible for any losses or any damages arising from those websites even where the websites may be affiliated with Stripe or any Organiser.
8.1 We are not responsible for an Organiser’s Event. Each Organiser is solely responsible for any Events posted by it, and you acknowledge and agree that we shall have no responsibility for any Event. We have no control over and do not guarantee the safety, accuracy, legality or performance of the Event or any Organiser Content associated with the Event.
8.2 Terms and Conditions of Events. When you register for, or book an Event through Horse Monkey you will be entering into a legally binding contract with the relevant Organiser. You should check all terms and conditions applicable to such Event to make sure that you agree to them.
8.3 Organisers may stipulate an age limit for participation in an Event. Organisers are responsible for the Events that they advertise on Horse Monkey, which may include age limits. If you do not comply with the Organiser’s stipulations you may be refused entry to the Event. We do not have any responsibility for how Organisers deal with this.
8.4 Confirmation of bookings or registrations. We will send you an automated acknowledgement of any Event registrations or bookings submitted through Horse Monkey.
8.5 Cancellations and refunds. If you wish to cancel or transfer tickets to or registration for an Event you have paid for on Horse Monkey, please contact the relevant Organiser directly as we are not able to direclty approve or action refunds, cancellations or transfers.
9. Our Fees
The Organiser is responsible for our fees. Horse Monkey is free to use for competitors and attendees and we only charge Organisers for use of Horse Monkey. However, some Organisers may pass our fees on to their members or attendees of their Events and this may show as administration costs or other fees when you register or book an Event. Where such costs or fees are added to any price payable to the Organiser, the amount paid by you is determined by the Organiser and may be higher or lower than our own fees to the Organiser.
10. Service Levels
10.1 We may suspend or withdraw Horse Monkey. We do not guarantee that Horse Monkey, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Horse Monkey for business and operational reasons.
10.2 We are not responsible for viruses and you must not introduce them. We do not guarantee that Horse Monkey will be secure or free from bugs or viruses. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Horse Monkey, the server on which Horse Monkey is stored or any server, computer or database connected to Horse Monkey. You must not attack Horse Monkey 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 Horse Monkey will cease immediately.
10.3 You are responsible for configuring your information technology, computer programmes and platform to access Horse Monkey. You should use your own virus protection software.
11. Content uploaded by you to Horse Monkey
11.1 Acceptable Use Policy. Whenever you make use of a feature that allows you to upload or submit content to Horse Monkey, or to make contact with Organisers or other users of Horse Monkey, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
11.2 Publication of submissions. Certain information you submit to Horse Monkey may be published by the relevant Organiser on their Event pages. We are not responsible for what information is published, and you should contact the relevant Organiser for more details or to have any such content removed.
11.3 We may disclose your identity. 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 our site constitutes a violation of their intellectual property rights, or of their right to privacy.
11.4 We may remove any content. We have the right to remove any content you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
12. Intellectual Property Rights
12.1 We own, or are licensed to use, all rights in Horse Monkey. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.2 You grant us a licence to use any content uploaded by you to Horse Monkey. When you upload content to Horse Monkey, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and licence to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit your content, in whole or in part, in any media now known or hereafter developed, to:
administer Horse Monkey; provide services through Horse Monkey to you and to users of Horse Monkey; to promote the Services; and to improve Horse Monkey and any other services that we offer to our clients and customers.
13. Our responsibility for loss or damage suffered by you
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
13.2 We are not responsible for business losses. Save for Organisers, who are bound by different terms and conditions (our Terms and Conditions of Use for Organisers), we only provide Horse Monkey for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We are only responsible for foreseeable loss. We will only be liable for any damage suffered by you which is foreseeable. We will not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time that you agree to these terms and conditions, both we and you knew that it might happen.
14. Other terms and Conditions
14.1 These terms and conditions of use constitute the entire agreement between you and us in respect of your use of Horse Monkey, superseding any prior agreements. However, you may also be subject to additional terms and conditions that may apply depending on your use of certain functions of Horse Monkey including, but not limited to, those set out below:
14.2 Organisers. If you use Horse Monkey as an Organiser, then our Terms and Conditions of Use for Organisers will apply to any such use.
14.3 Monkey Bank. Any use of our Monkey Bank Service will be governed by our Monkey Bank Terms and Conditions.
14.4 Events. When you book or register for any Event, such contract will be governed by the relevant Organiser’s terms and conditions. Please check the relevant Event page for more details. We are not a party to any contract you enter into when you book or register for an Event.
14.5 Payment Services. All payments made via Horse Monkey are handled by third party payment providers and will be subject to their own terms and conditions. We are not a party to any contract you enter into for payment services.
15.1 We may assign our rights. We may assign or transfer our rights and obligations under these terms and conditions to another entity.
15.2 You cannot assign your rights. You cannot assign or transfer your rights or obligations under these terms and conditions to any other entity without our prior written approval.
15.3 We will only waive our rights in writing. If we do not insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
15.4 Each paragraph of these terms and conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 These terms are drafted in the English language. Any notice given or in connection with these terms shall be in English.
15.6 Governing law and Jurisdiction. These terms are governed by English law and you can bring legal proceedings in respect of these terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these terms in either the Northern Irish or the English courts.