Equibuddy – Terms of Service

Terms Of Service

We have set out the terms and conditions for use of Equibuddy below.

This Statement (Terms) governs our relationship with you as well as all Equibuddy brands, products and services, which we call the “Equibuddy Services” or “Services”. By using or accessing the Equibuddy Services, you agree to this Statement, as updated from time to time in accordance with Section titled “Updating these terms”

Please read these terms carefully. They give you important information about who we are, our Services and your obligations when using our Services.

Definitions

By “Services” we mean the features and services we make available, including through (a) our websites ; (b) our Platform; (c) plugins to third party sites or services; Equibuddy Exchange Ltd reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this Statement.

By “Platform” we mean a set of Application Programming Interfaces (APIs) and services that enable you and others, including application developers and website operators, to retrieve data from us or provide data to us.

By “Information” we mean facts and other information about you, including actions taken by users and non-users who interact with our Services.

By “Content” we mean anything you or other users post, provide or share using our Services. This includes but is not limited to comments, photographs and video

By “Data” or “user data” or “user’s data” we mean any data, including content or information that you or third parties can retrieve from our Services or provide to our Services.

By “Post” we mean post on Equibuddy or otherwise made available by using our Services.

By “Use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

By “Application“or “App” we mean any program code or website that uses or accesses the Platform, as well as anything else that receives or has received data from us.  If you no longer access the Platform but have not deleted all data uploaded to us, the term application will apply until you delete the data.

Whenever any words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form unless the context clearly indicates otherwise.
Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine and neutral gender unless the context clearly indicates otherwise.

Who we are

We are Equibuddy Exchange Ltd, a company incorporated and registered in Scotland with company number SC442728. Our registered office is at Greenlawdean Farm, Greenlaw, Duns, Berwickshire TD10 6XP.

When we refer to “we“, “us” or “our” in these terms, we are referring to Equibuddy Exchange Ltd.

About our service

Equibuddy Services are intended for the equestrian community. Our Services are designed to reduce the administrative headache that comes with managing a horse, whilst at the same time ensuring that you have a safe and secure environment to share information about horses, boast about their successes, purchase products and services from connected parties and keep up-to-date with your fellow equestrians.

About these terms

These are the terms which apply to all use of our Services. Please read these terms carefully before you start to use our app. By registering to use our Services, you are entering into a legal binding agreement with us based on these terms and our Privacy Policy, our Payment Terms, our Acceptable Use Policy and our Cookie Policy. Together these make up our “contract” with you.

If you do not agree to this contract you are not permitted to use our Services.

Updating these terms

We reserve the right to amend these terms and/or the related policies from time to time. If that happens we will either email you to alert you to the changes or notify you of the change via a message when you next use the Services. Your continued use of our Services will be deemed to be acceptance of any new terms.

We will not update these terms or related policies without notifying you.

Your obligations

You must comply with the terms of this contract, as set out in these terms.

To qualify to use the service you must meet the following criteria, and accordingly you warrant that you:

  • are aged 13 or over.
  • have full authority to enter into this contract with us.
  • are not currently restricted from using our Services.
  • will only use our Services for your legitimate interests.
  • shall not infringe our rights, including any intellectual property rights we may have.
  • shall only submit information that you are entitled to submit, which is accurate and not confidential.
  • You shall not authorise or permit others to use the the Services via any logon or identification code or token associated with the account you create when completing the registration or sign-up process. You are responsible for anything that happens through your account until it is closed down, unless the account security has been compromised through no fault of your own. If you discover any unauthorised use of your account you must promptly let us know. We have the right to disable your user account at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
  • You must comply with our Acceptable Use policy. 
  • You agree to indemnify us against all claims, loss, damage or costs which we incur as a result of your failure to comply with the terms of this contract.

Connected devices and data transfer charges

Your internet service provider or mobile carrier’s normal rates and fees, such as for data transfer, text and picture messaging will generally apply when you make use of the Services.

In order to provide a fast, consistent and off-line experience, the Services may from time to time make use of your internet data transfer to synchronise data that you are not immediately interacting with. Such data transfer may not always be apparent in the user interface of the applicaion. By using the Services you agree to this synchronisation and accept all costs applied by your internet service provider or mobile carrier.

In the event you change or deactivate your mobile telephone number, you will update your account information within 48 hours to ensure that messages are not sent to any person who acquires your old number.

You provide consent and all rights necessary to enable users to synchronise information provided by you and accessible to them (including through an Application) to their devices when using the Services.

Information may be stored locally on the devices you use to access the Services.

Information you provide and have agreed to share may be stored locally on the devices of other users of the Services. In some circumstances (such as when a user terminates a device’s connection to our Services) we may be unable to updare or remove data on that device.

You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

Payments

Equibuddy Exchange Ltd  does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple’s App Store, Google’s Play Store, and PayPal among others). Some third-party service providers may charge you sales tax, depending on where you live. Please check the third-party service provider’s relevant terms for details.

Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins once you tap buy and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it’s completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT EQUIBUDDY EXCHANGE Ltd IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

Some of the Virtual Products we offer are for one-time use only, while others are for repeated use. Be aware however, that “repeated” does not mean “forever.” We may change, modify, or eliminate Virtual Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Virtual Products you purchased through the Services.

It’s your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent’s or guardian’s consent before making any purchases.

Provisions applicable to software

If you download or use our software, such as a stand-alone software product, an App, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

Your rights and ownership of data

On condition that you comply with your obligations under this contract, we grant you a limited, non-exclusive, non-transferable licence to access and use our Services in accordance with this contract.

You own all of the content and information you submit to our Services.  You can control how it is shared through certan settings available within our Services. In addition:

For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you submit to our Services (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer.  Removed content may persist in backup copies for a reasonable period of time but will not be visible to others when connected to the Services.

When you publish content or information using the Public setting, it means that you are allowing everyone, including people that are not users of ous Services, to access and use that information, and to associate it with you (i.e., your name and profile picture). Such information may be widely distributed across the internet and beyond our reach and we are unable to control such distributed information.

We do not actively monitor or moderate all data posted by you through your account. You are solely responsible for all the data you enter or upload using the Services.

We have the right to remove any posting, content or other communication you submit to our Services if, in our opinion, the content does not comply with the content standards set out in our Acceptable Use Policy.

If you volunteer feedback or suggestions to us then we can use your ideas in whole or in part to alter the Services for some or all users without compensating or acknowleging you.

The Services may contain advertisements. In consideration for us letting you access certain parts of the Services. You agree that we and our affiliates, and third-party partners may place advertising on the Services.

Our rights in our app

We own or validly license all intellectual property rights in our app. Except to the extent set out in this contract, or otherwise agreed in writing between us, you are not permitted to use such intellectual property rights.

Disclaimer

Where our Services contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Your experience using our Services may include information and materials uploaded by other users. Whether that information is posted publicly or sent privately, the content is the sole responsibility of the person that submitted it. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not present our views or values. We do not take responsibility for any content that others provide through the Services.

We strive to deliver our Services on a continuous basis 24 hours a day and 365 days per year. We strive to make the Services free from software defects and safe to use. HOWEVER, you use the Services AT YOUR OWN RISK. The services are offered as is and without any express or implied warranties including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will always be safe, secure or free from software defects or viruses. We do not guarantee that the Services will always function without disruptions, delays or imperfections. Equibuddy Excahnge Ltd is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

If you wish to complain about information and materials uploaded by other users, please contact us on [team@equibuddy.com].

Your account, profile and subscription

By completing any registration process for our Services you are creating an Account. This Account may be used across a range of devices including phones, tables and via browsing to websites provided by us or by approved third parties. By using your account to access our Services on any device you are bound by the terms of this Contract.

You must not create more than one account for yourself.

Public information may be discovered by any user of the Service when searching and may be available to other non-users across the internet.

The information you provide when registering must be accurate. You agree that your name, any profile picture you submit, and your general location (town/city but not address) may be considered Public informatiion.

Should you use the features in our Services to create a profile for a Horse, you agree that the Official Name, and picture you submit and the general location (town/cify but not address) may be considered Public information.

Some pats of our Services are offered on an subscription basis. To access these Services you will be required to begin a suitable subscription which may be expected to renew on a recurring basis until such time as you cancel the subscription. Deletion of an App from a device will not automatically cancel nor stop the renewal of any active subscription. 

Subscription charges are subject to change. Revised changes will only take effect on renewal of your subscription and we will ensure you are notified of any changes and have an option to cancel in advance of such renewal.

Cancellation

You can cancel your Account through your user account options or by contacting us at [team@equibuddy.com].

You may cancel your Account at any time, in which case your contract will end at the end of the current subscription period. You will continue to have access to our Services until the end of any active subscription period. No further subscription fees will be charged but we shall not be obliged to refund any fees paid.

If you violate the letter or spirit of this Contract, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Services to you. We will notify you by email or at the next time you attempt to access your account.  

Provisions for a global Service

Equibuddy is a global Service and we strive to provide consistent standards for everyone and to respect the laws and customs of the many legal jurisdictions in which our Services may be used.  By using our Services you consent to having your personal data transferred to and processed in the Unitied Kingdom, the countries of the European Economic Area (EEA) and the United States.

Availability of our Services and Termination

We may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

For as long as we operate the Services, we will use commercially reasonable endeavours to make our app available 24 hours a day, seven days a week.

We will endeavour to respond to all support queries within five working days.

You can terminate these Terms with us at any time and for any reason by deleting your account.

We may terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with the Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.

Regardless of who terminates these Terms, both you and us continue to be bound by Sections [[DRAFT]] of the Terms.

Indemnity

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Equibuddy, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including legal fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

Our responsibility to you

Our liability to you
We do not exclude or limit in any way our liability for:

  • death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  • fraud or fraudulent misrepresentation; or
  • any matter for which it would be unlawful to exclude or restrict liability.


Limitation of our liability
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by both you and us at the time we entered into this contract.

The Services are only supplied for your personal use, and not as a business tool. You agree not to use the Services for any commercial, business or re-sale purpose and we are not liable to you for any business losses. Business losses includes any loss of profit, loss of business, business interruption, or loss of business opportunity.

Our total liability to you in respect of all other losses shall not exceed the sum of the subscription fees paid by you during the 12 months preceding the date of your claim.

If you cancel your account, or this Contract is otherwise brought to an end, this section will remain in force.

Additional Terms for Specific Services

We may ask you to review and accept supplemental terms that apply to your interaction with a specific part of the Services. The suplemental terms and conditions, which will be available with the relevant Services will then form part of your agreement with us if you use those Services.

To the extent those supplemental terms conflict with these terms, the supplemental terms shall govern with respect to your use of  the relevant Service parts.

Other important terms

This Statement makes up the entire agreement between the parties regarding our Services, and supersedes any prior agreements.

Even if we delay in enforcing this contract, we can still enforce it later, and if we choose to waive any particular right we have under this contract on any particular occasion this does not prevent us from exercising that right on another occasion.

If any part of this contract is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the contract.

Nothing in this Statement shall prevent us from complying with the law.

We reserve all rights not expressly granted to you.

You will comply with all applicable laws when using the Services.

This contract is between you and us. No other person shall have any rights to enforce any of its terms. You are not entitled to transfer or assign your rights and obligations under this contract to anyone else without our prior written permission. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

These Terms were written in English. To the extent that any translated version of these terms conflicts with the English version, the English version shall govern.

If there are any disputes arising out of your use of the Services, or otherwise relating to the contract, then these will be governed by Scots law and subject to the exclusive jurisdiction of the Scottish Courts.