TERMS OF WEBSITE USE & DATA SERVICES

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND OUR SERVICES

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.equineregister.co.uk (our site), whether as a guest or as a registered user of our data services which we supply to you (collectively our services). Use of our site includes accessing, browsing, or registering to use our site and services.

Please read these terms of use carefully before you start to use our services, as these terms will apply to your use of our services. By using our services, you confirm that you accept these terms of use and that you agree to comply with them.

If we agree with you in writing in advance that you are testing any part of our services or our site at whatever stage of development or in whatever version or release, you also accept these terms and that you agree to comply with them subject to certain qualifications (see section Testing and quality assurance, below).

If you do not agree to these terms of use, you must not use our services.

(‘You’ refers to a user of our services. A user may refer to a natural person or legal person or organisation).

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our services:

  • Our Privacy Policy www.equineregister.co.uk/privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our services, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy www.equineregister.co.uk/acceptableuse, which sets out the permitted uses and prohibited uses of our services. When using our services, you must comply with this Acceptable Use Policy.
INFORMATION ABOUT US

Equineregister.co.uk is a site operated by Equine Register Limited ("We"). We are registered in England and Wales under company number 08738725 and have our registered office at 12 Castle Street, Cirencester, GL7 1QA, United Kingdom.

CHANGES TO THESE TERMS

We may revise these terms of use including the other applicable terms referred to above, at any time, by amending this page. We will make reasonable efforts of bringing such changes to your attention, either by posting a prominent notice on our site or while you use our services, or by informing you in writing by email. Please check this page from time to time to take notice of any changes we made, as they are binding on you if you continue to use our services.

CHANGES TO OUR SITE AND SERVICES

We may update our site and services (and the functionality within our services) from time to time, and we may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and whilst we make reasonable efforts to update out of date content we are under no obligation to update it if we cannot obtain up to date data for any reason.

We do not guarantee that our site, or any content on it, or our services, will be free from errors or omissions.

ACCESSING OUR SITE AND SERVICES

The content on our public site and some of our services are made available free of charge.

Some of our services are offered on a fee charging basis. For information about our fees and payment terms please contact us at info@equineregister.co.uk.

Given the nature of the internet and of public communication networks, we do not guarantee that our site or any content on it, or our services, will always be available to you or be uninterrupted.

Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site and/or services are unavailable at any time or for any period for reasons which are outside our reasonable control (more on our liability in the section Limitation on our liability, below).

You are responsible for making all arrangements necessary for you to have access to our site and our services.

You are also responsible for ensuring that all persons who access our site through your internet connection, or who are part of your organisation or work for you, are aware of these terms of use and all other applicable terms and conditions, and that they comply with them.

Our site and services are directed at users who are resident or have their registered office or main place of business in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

YOUR ACCOUNT AND PASSWORD

If you are a registered user, you (and/or others within your organisation) are provided with one or more user identification code(s) and password(s) as part of our security procedures. You must treat such information as confidential. You must not disclose this information to any third party (or anyone outside your organisation or who does not work for you) without first obtaining our written consent.

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 reasonable opinion you have failed to comply with any of the provisions of these terms of use or breached the terms of our Acceptable Use Policy.

If you know or suspect that anyone other than you knows your user identification code or password, you must immediately notify us at info@equineregister.co.uk. If you fail to notify us promptly or at all and this causes us any financial or other losses we may claim such losses from you.

INTELLECTUAL PROPERTY RIGHTS AND INFRINGEMENT

We are the owner or the licensee of all intellectual property rights in our site, our services and in the material published on it (including the content data which we offer as part of our services). Those works (including but not limited to software) are protected by copyright laws and other laws which protect other types of intellectual property rights, and by treaties around the world. All such rights are reserved.

You must not attempt to reverse engineer, decompile or copy any source code or programming script which we use in our site or in software which we use as part of our services.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site or offered as part of our services.

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.

You must acknowledge our status (and that of any identified contributors) as the authors of content on our site.

You must not use any part of the content on our site or our services for commercial purposes without obtaining a licence to do so from us or from our licensors. Payment of the fees which enable your use of our services does not necessarily amount to a licence for commercial use unless expressly acknowledged by us.

Our services and the business model on which they operate, including our commercial arrangements with other users and other third parties, are protected by confidentiality obligations on them and on you, and by intellectual property rights on them and on you, and you must not attempt to replicate, copy or distribute any part of our site or our services unless your works, products or services are genuinely original and not derived from ours.

If you print off, copy or download any part of our site or the functionality in our services, or do anything in breach of these terms of use, your right to use our site and services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We reserve the right to claim against you for any losses, whether financial or not, whether direct or indirect and whether foreseeable or not, which we have or will incur because of your actions or omissions (including negligence).

NO RELIANCE ON INFORMATION

The content on our site is intended to be provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site or our services.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

We accept liability for the accuracy of data provided to you as part of our services but only where we agree in advance that such data is accurate and reliable, and/or we have the benefit of an indemnity from our licensor. A prominent notice or other functionality in our services will identify such data. However, our liability will be limited (see the section Limitation of our liability, below).

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or our deliberate breach of contract, or any other liability that cannot be excluded or limited by English law.

You agree that our provision of our site, our data and software services through our site and any other mobile applications is a supply of services, and not a supply of goods.

We will carry out our services to you with reasonable skill and care. However, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • Your use of, or inability to use, our site because of events beyond our reasonable control; or
  • Your use of or reliance on any content displayed on our site, and in particular content which is provided by other users or third parties, or content which is also available in, or sourced from, the public domain.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage,which is caused by any actions or omissions (including negligence) on our part which are in part or in whole caused directly or indirectly by the actions or omissions (including negligence) whether deliberate or not, of other users or of third parties, or of external events including changes in government policy or legislation, acts of God, environmental or other disasters, or other events which are beyond our reasonable control. Our maximum liability to you as a business user will be a sum equivalent to the fees we have charged you for our services over the period of one year, or proportional to the period we have charged you if less than one year.

If you are a consumer user, please note that we only provide our site 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. For personal and private use, our maximum liability to you as a consumer user will be a sum equivalent to the fees we have charged you for our services, subject to the usual limitation period of six years.

Since we expect you to adequately protect your own computer networks and equipment, by using antivirus software and reasonable security protocols, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or services, or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site as part of our services or to make contact with other users of our site, 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.

Some of the data which you upload to our site as part of our services will be considered non-confidential. Whilst we acknowledge that you retain all of your ownership rights in your data, you are required to grant us and other users of the site a limited licence to use, store and copy that content and to distribute and make it available to other users and to third parties. The rights you license to us are described in the next paragraph (see Rights you licence, below).

Some of the data which you communicate to us, or upload on our site, such as payment information, and other commercially confidential information or personal data which must remain confidential, we will consider as confidential and we will not share it with other users or third parties unless we have your consent.

Equally, if we share with you confidential information you shall not disclose it to any unauthorised recipients unless we first agree in writing. We may require you to enter into a separate non-disclosure agreement as part of our services.

We retain 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.

We will also disclose your data and identity to any competent regulatory and law enforcement authority in the UK and in the European Economic Area which submits a lawful request for such information. We will disclose such information to other competent authorities elsewhere in the world only if we determine that we are obliged to do so by UK, European or International law.

We have the right to remove any content you upload on our site as part of our services if, in our opinion, your data does not comply with the content standards set out in our Acceptable Use Policy, in particular if it breaches any Intellectual Property Rights.

Any views expressed by other users of our services whether on our site or elsewhere may not represent our views or values.

Whilst we make reasonable efforts to store your data securely, you are solely responsible for securing and backing up the data you upload to our site as part of our services. Unless we have expressly agreed in writing in a separate agreement, you cannot rely on our site as a back-up for your data.

Once you have uploaded data to our site and it is used in our services, we may not be able to promptly delete it from our site and/or from our services on your request. This is because some of our services are provided on behalf of some organisations which have statutory duties to keep such information. We will treat such requests on a case by case basis unless we expressly provide functionality in our services to you which allow us to carry out your request automatically and without further human intervention.

You must tell us promptly if any data provided by you and used on our site as part of our services is incorrect or inaccurate, misleading or out of date. You warrant that, to the best of your knowledge, all the data and content which you upload to our site is accurate, up to date, and not misleading 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.

We will not be responsible to you, or be liable to any third party, for the content or accuracy of any content posted by you or any other user of our site, unless we have received, or have the benefit of, an indemnity from the supplier of such information.

RIGHTS YOU LICENCE

When you upload data to our site for use as part of our services, you grant the following licenses:

  • To us: a non-exclusive, worldwide, revocable, royalty-free, sub-licensable licence for commercial and statutory use; and,
  • To other users of our services and to third parties: a non-exclusive, UK-wide, revocable, non-sub-licensable licence for non-commercial use.
VIRUSES AND UNAUTHORISED ACCESS AND/OR USE

Whilst we make reasonable efforts to prevent bugs or viruses from our site, we do not guarantee that our site and our services will be secure or free from bugs or viruses.

You are responsible for configuring your own information technology, computer programmes and platform in order to access our site and services. You should use your own virus protection software and security protocols.

You must not misuse our site 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 site or our services, the server on which our site is stored or any server, computer or database connected to our site.

You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any suspected 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 suspected breach, your right to use our site will cease immediately.

LINKING TO OUR SITE

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. You must not use our logo or trademarks unless you have first obtained our permission in writing to do so.

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.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw your linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use.

If you wish to make any use of content on our site other than that set out above, please contact info@equineregister.co.uk.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only, although we may have commercial arrangements in place with such parties. We have no control over the contents of those sites or resources and we are not responsible for their content.

TESTING AND QUALITY ASSURANCE

From time to time we may arrange for the external testing of our site and our services, including security testing on our live services. If we do this we will attempt to give you as much advance notice as possible, but as with all external threats we cannot guarantee that our site and/or services will remain available as a result of such action. We will have no liability to you for any loss however caused (including our negligence or our breach of contract) if we provide you with advance notice in writing (either by email or by a prominent notice on our site or as part of our services) and as a result of the testing our site and/or services become unavailable. In all other circumstances, any liability to you is limited (see our section Limitation of our liability, above).

If we agree with you in writing and in advance that you will test any part of our site or services, you agree to abide by these terms. You will owe us a duty of care to act with reasonable skill and care, and with complete honesty towards us. You will not breach any of our Intellectual Property Rights or any other rights we have under these terms with malicious or dishonest intent, but only with the intention of immediately bringing any errors, faults or weaknesses in our site or in our services to our attention. All the rights and obligations imposed on you as a user under these terms will be suspended insofar as you are required to fulfil your obligations to us to test our site and services, and to report to back to us in a responsible manner.

APPLICABLE LAW

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a resident of any jurisdiction outside of the European Economic Area you agree that the courts of England and Wales will have exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

TRADEMARKS

“Equine Register” and the horse logo are registered trademarks of Equine Register Ltd.

CONTACT US

To contact us, please email info@equineregister.co.uk.

Thank you for visiting our site and for using our services.