Horse Monkey Terms & Conditions of Service
For buyers and non-organisers
Issued February 01, 2016
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 of Service, which govern all use of our Services.
1. ACCEPTANCE OF TERMS
The following terms and conditions (these "T&C") govern all use by you as a Buyer (as defined below) or other non-Organiser (as defined below) user or visitor of (a) the Horse Monkey website and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by Horse Monkey. ("Horse Monkey") in connection with events listed on the Site, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by Horse Monkey. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Horse Monkey. By using or accessing any part of the services, you agree to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the site by Horse Monkey. If you do not agree to any of such terms, conditions, rules, policies or procedures, do not use or access the services.
Horse Monkey reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these T&C at any time. It is your responsibility to check these T&C periodically for changes. Your continued use of the Services following the posting of any changes to these T&C constitutes acceptance of those changes. If any change to these T&C is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. DESCRIPTION OF HORSE MONKEY
Horse Monkey provides a simple and quick means for registered users who are event organisers and show secretaries ("Organisers") to collect payments with respect to the sale of tickets/registrations, supplies and services for, and the solicitation of donations with respect to, events registered on the Site from users who want to attend such events ("Buyers" or "you"). Organisers may visit the Site, fill out a questionnaire about their event, including pricing, location, classes, supplies, etc., and collect event registration fees online directly from Buyers. Payments are all transacted through PayPal. For more information, please see www.horsemonkey.com. These T&C applies to you and your use of the Services as a Buyer and/or other non-Organiser user or visitor of the Services ("non-Organiser" or "you"). For the Terms of Service Agreement that applies to you and your use of the Services as an Organiser, please see http://www.horsemonkey.com/terms_organiser.
3. YOUR USE OF THE SERVICES
3.1 The Services
Horse Monkey hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an event that is registered on the Site, in each case (i) in compliance with these T&C, and (ii) to the extent permitted under all applicable laws and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud. Account holders must be 18 years or older.
4.1 Independent Relationship of Payment Modes
It is the responsibility of the Organiser to communicate its refund policy to Buyers and to issue refunds to Buyers. If a Buyer desires to request a refund, the Buyer must request the refund directly from the Organiser. All communications or disputes regarding refunds are between the Organiser and Buyer. Horse Monkey will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the Organiser and Buyer and Horse Monkey will not be responsible or liable in any way for chargebacks in connection with a Buyer's use of the Services. If you are a Buyer and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Organiser directly.
5. YOUR REGISTRATION OBLIGATIONS
6. ACCOUNT, PASSWORD AND SECURITY
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Horse Monkey of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Horse Monkey cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorised access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Horse Monkey shall be the sole arbiter of such dispute in its sole discretion and that Horse Monkey’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
7.1 Site Content
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by Horse Monkey in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Horse Monkey may own the Site Content or portions of the Site Content may be made available to Horse Monkey through arrangements with third parties. Except as expressly authorised by Horse Monkey in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Horse Monkey. You shall use the Site Content only for purposes that are permitted by these T&C and any applicable laws and regulations. Any rights not expressly granted herein are reserved.
7.2 Your Content
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to Horse Monkey a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license 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, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. Horse Monkey reserves the right to remove any of Your Content from the Site at any time if Horse Monkey believes in its sole discretion that it does not comply with these T&C. In addition, you agree that Horse Monkey may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of Horse Monkey both on the Site and in marketing and promotional materials.
8.1 Certain Restrictions
Whether you are using the Services as a Buyer or other non-Organiser, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Organisers, Buyers and other non-Organisers. You agree not to use the Services to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; facilitate gambling, gaming, lotteries, raffles, contests or sweepstakes; impersonate any person or entity, including, but not limited to, a Horse Monkey representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity; upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events; upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by these T&C or expressly authorised by Horse Monkey; interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; intentionally or unintentionally violate any applicable law or regulation, including without limitation (i) laws and regulations regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or stalk or otherwise harass any person or entity.
8.2 Certain Remedial Rights
Whether you are using the Services as a Buyer or other non-Organiser, you acknowledge that Horse Monkey does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that Horse Monkey and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Horse Monkey may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these T&C; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Horse Monkey, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to defend, indemnify and hold Horse Monkey, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of these T&C; and/or your violation of any rights of another. Horse Monkey shall provide notice to you of any such Claim, provided that the failure or delay by Horse Monkey in providing such notice shall not limit your obligations hereunder. Horse Monkey reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Horse Monkey’s defense of such matter.
10. SERVICE MODIFICATIONS/SUSPENSIONS
Horse Monkey reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that Horse Monkey shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Horse Monkey, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due Horse Monkey, or if Horse Monkey believes that you have violated or acted inconsistently with the letter or spirit of these T&C. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Horse Monkey may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Horse Monkey shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of these T&C that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because Horse Monkey has no control over such websites and resources, you acknowledge and agree that Horse Monkey is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Horse Monkey shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
13. DISCLAIMER OF WARRANTIES
The services are provided on an "as is" and "as available" basis. Horse Monkey hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Horse Monkey makes no warranty that: (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality, safety or legality of any content, products, services, information or other material purchased or obtained by you, or events attended, through the services, or the services themselves (or any part thereof), will meet your expectations, or (v) any errors in the services will be corrected. Horse Monkey is not responsible and shall have no liability for the content, products, services, actions or inactions of any user, buyer or other non-organiser, organiser or third party before, during and/or after an event; and Horse Monkey will have no liability with respect to any warranty disclaimed in (i) through (v) above. You acknowledge that Horse Monkey has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any users' (including buyers', other non-organisers' and organisers') content or listings, or the ability of any user (including buyers, other non-organisers and organisers) to perform, or actually complete a transaction. The foregoing disclaimers shall not apply to the extent prohibited by applicable law. Notwithstanding the foregoing, you may report the misconduct of users, buyers, other non-organisers, organisers and/or third parties in connection with the site or any services to Horse Monkey. Horse Monkey, in its sole discretion, may investigate the claim and take necessary action.
14. LIMITATION OF LIABILITY
Horse Monkey shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise, with respect to the services, or any other subject matter of these T&C, for: (i) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Horse Monkey has been advised of the possibility of such damages), (ii) the cost of procurement of substitute services, (iii) amounts in excess of GB £10.00 in the aggregate for all claims with respect to the services, or (iv) any matters beyond Horse Monkey’s reasonable control. Horse Monkey shall have no liability with respect to any of your content or any content of any other user of the services. In addition, Horse Monkey is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the services (including, without limitation, any payment service), and Horse Monkey has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third party service provider. The foregoing limitations shall not apply to the extent prohibited by applicable law.
In consideration of being permitted to access and use the services, you hereby agree to release Horse Monkey, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other organisers, buyers, and other non-organisers) in connection with the services, your access and use of the services, or any events listed thereon.
Notices to you may be made via either email or regular mail to the address in Horse Monkey’s records. The Services may also provide notices of changes to these T&C or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at Horse Monkey, PO Box 315, Lytham St. Annes, FY8 9GW.
16. TRADEMARK INFORMATION
The trademarks, service marks, and logos of Horse Monkey (the "Horse Monkey Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Horse Monkey. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with Horse Monkey Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Horse Monkey specific for each such use. The Trademarks may not be used to disparage Horse Monkey, any third party or Horse Monkey’s or third party's products or services, or in any manner (in Horse Monkey’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Horse Monkey approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Horse Monkey Trademark shall inure to Horse Monkey’s benefit.
17.1 Entire Agreement
These T&C constitutes the entire agreement between you and Horse Monkey and governs your use of the Services as a Buyer or other non-Organiser, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Horse Monkey on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Services in a manner other than as governed by these T&C.
17.2 Choice of Law
These T&C and the provision of the Services shall be construed in accordance with and governed by English Law and the parties hereby submit to the exclusive jurisdiction of the English courts.
17.3 Waiver; Invalid Provisions
The failure or delay of Horse Monkey to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these T&C is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these T&C shall remain in full force and effect.
17.4 Time to File Claim
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these T&C must be filed within twelve (12) months after such claim or cause of action arose or be forever barred.
The section titles in these T&C are for convenience only and have no legal or contractual effect.
Please report any violations of these T&C by email to email@example.com
IMPORTANT -- PLEASE READ: The following Monkey Bank Agreement describes the terms and conditions that apply to the pre-paid account of your Horse Monkey Profile.
YOUR USE OF MONEKY BANK IS GOVERNED BY THE TERMS OF THIS AGREEMENT. PLEASE ENSURE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS BEFORE USING YOUR MONKEY BANK. WE RECOMMEND YOU KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
About MONKEY BANK; Horse Monkey Purchases Only.
Monkey Bank is a service offered to you by Horse Monkey. It allows you to load a monetary value on to your Monkey Bank for future purchases. The Monkey Bank Credit is to be treated like cash. It cannot be replaced if lost, stolen or destroyed. The monetary value that you load onto your Monkey Banks is a pre-payment only for entries and services of participating Shows. No credit card, credit line, overdraft protection or deposit account is associated with Monkey Bank Credit. No interest, dividends or any other earnings on funds loaded on to Monkey Bank will accrue or be paid or credited to you by Horse Monkey. The value associated with Monkey Bank is not insured or guaranteed by any person or entity.
Loading Value to your Monkey Bank.
You can load a monetary value onto your Monkey Bank by using a credit card, debit card or Paypal using your app or accessing your account online, you will also be able to send credit to a friend provided you know the email address that is associated with their Horse Monkey account, however you will only be able to do this online.
Fees and Expiry Date.
Horse Monkey charges standard payment fees for the loading or topping up of your Monkey Bank credit. Your credit has no expiry date.
Receipts and Statements.
Monkey Bank does not send statements of itemised transactions, however, you can check the balance of your Monkey Bank or review recent transactions on your Monkey Bank online or using Horse Monkey’s app. When you use your Monkey Bank to pay for entries, tickets or services, you will receive an invoice or confirmation email and the details of the transaction will be shown in the Monkey Bank summary. You should keep your confirmation email and check your online statement to ensure that your account balance is correct.
Redemption of your Credit.
Amounts loaded on your Monkey Bank may be redeemed by contacting us at firstname.lastname@example.org . You may be asked to provide proper documentation of your identity, such as your address, a driver’s licence or passport and your bank account details. Upon verification of your identity and receipt of your bank details, a refund will be made within 15 business days.
We reserve the right to correct the balance of your Monkey Bank credit if we believe that a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Monkey Bank credit, please contact our Customer Care Team by email at email@example.com . We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation.
Liability for Unauthorised Transactions.
Because your Monkey Bank credit is used like cash for purchases from Horse Monkey, you are responsible for all transactions associated with your Monkey Bank credit, including unauthorised transactions. If your phone is lost, stolen or damaged, you should contact us immediately at firstname.lastname@example.org . Your Monkey Bank balance will only be protected from the point in time that you notify us that your phone is lost, stolen or damaged. We will freeze the log in from this devise and the remaining balance on your Monkey Bank will continue to be accessible online or via our app on other devices.
Changes to This Agreement.
We may amend the terms of this agreement at any time for security, legal, regulatory or valid business reasons. We will notify you of any change, addition or deletion by email. In addition, we will post the terms to the modified agreement on our web site at www.horsemonkey.com Subject to the remainder of this clause, any change, addition or deletion will become effective at the time we post the revised agreement to our web site or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future Monkey Bank. The amended terms will apply to you if (1) you do not notify us to the contrary within twenty (20) days of the date of our notice (or such other reasonable period of time as specified in our notice to you), or (2) you use your Monkey Bank after such twenty (20) day notice period. If you do not accept the changes, additions or deletions, your Monkey Bank will be cancelled and any amounts remaining on your Monkey Bank will be refunded to you, as per the refund terms above.
Cancellation of This Agreement.
We may suspend or terminate this agreement at any time by giving you reasonable prior notice. We need not, however, give you notice where we have serious grounds for considering that immediate termination is required (e.g. if we reasonably suspect fraudulent or unauthorised use of Monkey Bank credit). If we terminate this agreement in circumstances where you are not in breach of this agreement, we will refund or issue store credits equal to the balance held in your Monkey Bank account less any amounts that you may owe us. In the event that this agreement is terminated, this Terms & Conditions shall continue to apply as between us in respect of anything either of us did whilst this agreement was in force.
This agreement is governed by the laws of England and Wales.
Disclaimers and Limits of Liability.
In the event that Horse Monkey is liable to you under this agreement, you will be entitled to recover from us your actual damages, up to the last balance held on your Monkey Bank.
Horse Monkey will not be liable to you for:
•any loss of income, business, goodwill or profits arising out of this agreement;
•any unauthorised access or alteration, theft or destruction of your phone;
•the consequences of any delay or mistake relating to the use of your Monkey Bank credit caused by any circumstances beyond our control;
•any loss or damage which was not caused by our breach of this agreement or breach of our legal duty of care;
•any loss or damage which was not a reasonably foreseeable result of either our breach of this agreement or breach of our legal duty of care. Loss or damage is reasonably foreseeable if, at the time we entered into this agreement, such loss was contemplated by you and by us; or
•any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage.
We may transfer all or part of this agreement without such transfer being considered a change to the agreement, by giving notice to you. The company or other entity to whom we transfer this agreement will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the terms and conditions of this agreement so that you rights under this agreement are not detrimentally affected.
All correspondence entered into under this agreement will be in the English language. This agreement is the complete and exclusive statement of the agreement between you and Horse Monkey Limited and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this agreement.
Enquiries or Questions.