Please read these Conditions carefully as they govern the provision of a digital advertising package by us to you. We may modify these Conditions from time to time and you should therefore ensure that you review these Conditions regularly.
These Conditions apply to any adverts that are placed, renewed and/or amended until that advert is cancelled, amended or automatically renewed.
Our contract with you
These Conditions apply to any advert for the sale of a horse that is placed on Horse Trader Pro by a private advertiser and together with all other policies and terms posted on the Horse Trader Pro Website, set out the terms on which we enter into a contract with you to provide you with access to our platforms and services.
By placing an advert with us, you are deemed to have accepted these Conditions.
Placing an advert
When you place an advert on Horse Trader Pro, you will be create a username and password which you are responsible for keeping secure. Horse Trader Pro will not be liable to you if you fail to keep your username and password safe. Unless caused by our negligence, we will not be liable for any loss you might suffer if a third-party gains unauthorised access to your account. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username which is offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.
Advert content guidelines
Each advert may only feature one horse. If you have more than one horse to sell, you will need to place a separate advert for each horse.
We are only able to display one advert for each horse at any one time.
You are solely responsible for uploading any photographs which form part of your advert. We shall have no responsibility for the quality of any photographs you upload.
Photographs which form part of the adverts may be checked by us to ensure that the content meets the following requirements:-
Photographs submitted for inclusion in the advert must not contain: nudity, profanity, pornography, drug use, violence, attacks on individuals or groups (including sexist, racist, defamatory or homophobic material), obscene material, copyrighted material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous.
Photographs should only show one horse.
If you need to amend your advert, you can use the online edit functionality featured on Horse Trader Pro.
You warrant that:
you have the right to sell the horse in the advert;
the information contained within the advert is a true and accurate representation of the horse;
you will not act fraudulently and will sell any horse advertised that is lawfully bought from you;
all copy, information and materials that you provide to us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the British Code of Advertising Practice, all other relevant codes under the general supervision of the Advertising Standards Authority and all current relevant legislation;
you will not upload any files to Horse Trader Pro that contain a virus and/ or corrupted data;
Our rights and obligations
We shall provide the advertising service with reasonable care and skill in a professional and timely manner. However, you acknowledge and accept that it is technically impossible to guarantee that Horse Trader Pro will be continuously available online.
From time to time, we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that, in so doing, minimum disruption to any adverts is caused.
We will use reasonable endeavours to remedy faults or errors on Horse Trader Pro as soon as possible. [You acknowledge and accept that once a fault or error has been reported to us, it may take up to 48 hours for us to investigate and rectify the problem].
We do not monitor or control and shall not be responsible for the content of your advert which you agree is your sole responsibility. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us caused by an untrue statement or inaccurate or unlawful content.
We reserve the right to remove a published advert without reason and to classify, edit and delete an advert at our sole discretion so as to: comply with legal or moral obligations placed on you or us; avoid infringing third party rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority and/ or any relevant legislation; respond to any complaints; correct typographical errors or technical inaccuracies that may appear from time to time; and for any other technical and/ or quality reasons. Where possible, we will attempt to contact you to inform you of these changes prior to publication and/or edit.
We may at any time remove any or all of the materials from the advert which in our opinion are unlawful or are in breach of these Conditions.
We may at any time vary the technical specifications of Horse Trader Pro for operational reasons.
Charges and payment
The cost of placing an advert on Horse Trader Pro is inclusive of VAT.
We have the right to change our advertising rates at any time and for any reason but any revised rates shall not apply to any adverts placed with us before publication of the revised rates.
All adverts must be pre-paid prior to publication.
Payment for adverts is made online through our third-party payment gateway.
Payment can be made using Visa, Amex, MasterCard or Maestro. Whilst every effort is made to ensure the safety of your credit card transaction, we cannot and do not accept liability for any loss or damage incurred as a result of using the secure payment mechanism.
Intellectual property rights
In respect of any materials which you supply to us ("Materials"), you grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You confirm that neither you nor any other person will assert any moral rights in or relating to the Materials referred to above against us or any third party.
You agree that all intellectual property rights (including, without limitation, copyright, trademarks, database rights and design rights (whether registered or not)) in any copy, text, artwork, photographs or other materials which we have created and/or in any way altered for you in connection with the advert shall belong to us absolutely.
Your right to cancel
By submitting your advert for publication, you acknowledge that your right to cancel the contract at no cost to you will be lost.
An advert can be cancelled at any time by you, for example to avoid unwanted responses but no refunds will be given.
Liability
We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may affect Horse Trader Pro, your advert and/ or may infect your computer equipment, computer programs, data or other proprietary material due to your use of Horse Trader Pro or your downloading of any material posted on it or on any website linked to it.
We cannot guarantee that by placing an advert on Horse Trader Pro, you will sell the horse in question and we do not commit to finding a buyer for you. Our role is solely to provide a platform on which you can advertise your horse for sale.
If, as a result of placing an advert, you are successful in selling your horse, Horse Trader Pro will not be connected in any way to that sale and will not be liable or responsible under any contract for the sale of your horse which you might enter into with a third party.
You agree that any questions and complaints regarding a horse advertised in your advert will be your responsibility only and that we do not have any liability in this regard.
We shall not be liable to you for any delay in performing and/or any failure to perform our obligations to you if the delay or failure is due to any event outside of our reasonable control (including without limitation, any act of God, fire, flood, explosion, storm, epidemic or natural disaster, strike, terrorist attack or threat of terrorist attack, infrastructure failure or power failure, denial of service attack, failure of public or private telecommunications networks).
Nothing in these Conditions affects your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards.
Data protection and security
By submitting an advert to us, you are requesting that your advert appears on Horse Trader Pro. This means that the advert and all information contained within it can potentially be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way.
You acknowledge and agree that by placing an advert with us, you will provide us with and we will collect from you certain personal data relating to you (e.g. name, address and contact details). This personal data will be processed in accordance with our Privacy Policy and may be used for a number of purposes (as further detailed in our Privacy Policy) and which may include the prevention and detection of fraud, assisting with police investigations and/or enquiries and/or complying with statutory and regulatory obligations. Our Privacy Policy can be found on our website.
General
We may transfer our rights and obligations under these Conditions to a third party and we will always notify you in writing if this happens. This will not affect your rights or our obligations under these Conditions.
These Conditions form a contract between you and us. No other person shall have any rights to enforce them.
These Conditions are governed and construed by English law. This means that the contract formed between you and us and any dispute or claim arising out of it will be governed by English law. You and we both agree that the Courts of England and Wales will have non-exclusive jurisdiction. This means that a claim could be brought in England or if you are a resident of Northern Ireland, you may bring a claim in Northern Ireland and if you are a resident of Scotland, you may bring a claim in Scotland. English law will however, apply in all cases.
