The Wise Owl Equitation Saddle Club Agreement

 

1.Introduction

1.1.The Terms and Conditions set out below (“Terms”) apply to the delivery of Saddle Club subscription programme (“Programme”) which we, Wise Owl Equitation (“we”, “us”), agree to provide to you, the purchaser of the Programme (“you”, “your”) in exchange for payment of the Fee (as defined below).

1.2.When you sign or electronically accept this Agreement or place an order to purchase the Programme you will be deemed to accept these Terms including any Schedules, along with our privacy notice which can be found at www.wiseowlequiation.com (“the Website”).

1.3.If you access or use any of our free resources provided directly to you or through our Website or sales pages which may include audio files, workbooks, PDF’s, introductory or discovery sessions, podcasts or workshops then these Terms will apply to your use of those, except for the clauses relating to payment.

1.4.Our agreement, which is subject to these Terms, shall begin when electronically accepted by you and it will continue indefinitely, unless it is terminated earlier in accordance with these Terms, or we agree otherwise in writing.

2.The Programme

2.1.As part of the Programme we agree to provide you with equestrian coaching and mentoring services and support (“the Services”) as set out in Schedule 1, attached to this Agreement. When we deliver the Services to you, we will use reasonable skill and care, consistent with best practice and standards applicable within the coaching and mentoring industry and in doing so we may engage the services of our employees, associate coaches, contractors and such other third-party providers as may be necessary to support us in delivering the Programme.

2.2. Any information, support, materials or guidance provided as part of the Programme is intended for a group audience, save for anything discussed during private Sessions and on this basis, you should not rely upon the information as personal to you, unless we expressly advise otherwise. Any information we provide to you will not constitute legal, medical or financial advice.

2.3.The Programme is designed to be accessed online only and no alternative will be provided. You will be required to have access to Zoom, email and Facebook to access some of the Services.

3. Your purchase of the Programme

3.1. The clauses below set out how a legally binding agreement is formed between us:

3.1.1. you subscribe to the Programme through our online sales page;
3.1.2. once your order is placed, we may send you an acknowledgment email, but this does not mean your order has been accepted;
3.1.3. acceptance of your order is at our discretion and may not be accepted in cases where there is an error with the Programme or Services description or price, where the Programme is no longer available or where we feel the Programme or any of the Services may not be right for you;
3.1.4. if your order is not accepted, we will notify you by email and provide a full refund of any payment you have made to us in connection with your purchase of the Programme; and
3.1.5. if we accept your order, our legally binding agreement will begin when we send your welcome email.

3.2. In some circumstances it may be necessary for us to make amendments, revisions or changes to the Programme or Services, or cancel, amend, change or reschedule any part as is reasonably required. If we do need to make any changes then we will ensure that the Programme still matches the original description, except where a change enhances the original description. We shall not be liable for any reasonable changes that are made to the Programme or Services.

4.Your responsibilities when we work together

4.1. You agree that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.

4.2.You accept that the Programme is not a substitute for counselling or other therapy services. If you are currently undergoing medical or other professional help concerning your mental health then you should provide your practitioner with details of this Programme and inform us if appropriate and relevant. We reserve the right to suspend your access to the Programme where we have concerns as to your suitability to safely participate and engage. Following such action, we will arrange to speak with you to discuss the matter and to determine whether the suspension will be made permanent. Where we consider that continued provision of the Programme is unsuitable or unsafe then our arrangement will terminate.

5.Accessing groups and sessions

5.1.The Programme will include group sessions (“Sessions”) as detailed in Schedule 1. All Sessions will be delivered via Zoom or other online meeting facility and the Session dates and times will be confirmed to you within the private Facebook group. All Session recordings will be made available to you through the private Facebook group. It shall be your responsibility to check your emails and notifications so that you are aware when Sessions will take place.

5.2.Should a situation arise where we need to reschedule a Session then we will make all reasonable attempts to provide you with as much notice as possible.

6.Your conduct and behaviour during delivery of the Programme

6.1.It is really important to us that everyone accessing the Programme feels safe and comfortable and therefore we ask that you agree to conduct yourself in a reasonable and responsible manner at all times when attending any Sessions or when using the private Facebook Group (“the Group”) and not to act in a manner which may cause offence, distress or alarm to any other individual accessing the Programme (“Client”).

6.2.When you use and/or access the Programme including the Services and Sessions, or the Group, you agree:

6.2.1. not to use them for any unlawful purpose;
6.2.2. not to record any part or capture or share images of any Client without their express permission;
6.2.3. not to impact the delivery of the Programme to you or another Client;
6.2.4. not to share information, whether expressed to be confidential or not, that is shared by a Client;
6.2.5. not to canvass, promote or advertise your own products or services to any of our employees, contractors or Clients without our written consent;
6.2.6. not to act or behave dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation;
6.2.7. that you will not upload, post, transmit or otherwise make available any content or materials that:
a) infringe any copyright, trademark, or other Intellectual Property rights (as further defined below) belonging to us or any Client;
b) are by their nature defamatory, libellous, obscene, demeaning or which causes offence to us or any Client, whether intended or not;
c) discloses personal and/or confidential or sensitive information about another person;
d) is threatening or causes a Client to feel harassed or in fear; and/or
e) is classed as spam.

6.3. Where we consider, in our reasonable opinion, that you are in breach of clause 6.2 above then we reserve the right to suspend your access to the Programme, including any Services, Sessions and the Group. Following such action, we will arrange a meeting with you to discuss the matter and to determine whether your access will be removed permanently. Where we decide to withdraw access permanently then our arrangement will terminate. Any decision to provide you with a refund will be entirely at our discretion having regard to your actions and the proportion of the Programme already delivered to you.

6.4. If you become aware of any inappropriate behaviour, comments, or content being shown or displayed within any Sessions or the Group, or during the delivery of any aspect of the Programme then we ask that you notify us as soon as possible so that we may investigate and take action accordingly.

7.Payment terms

7.1.The monthly price of the Programme is as set out in Schedule 1, attached to this Agreement (“the Fee”).

7.2. Time for payment of the Fee or any instalment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law, and cleared payment of the Fee, or the first instalment of the Fee, must be received by us before you are entitled to access the Programme.

7.3. The Fee is calculated based upon our knowledge and experience and the time, effort and availability of the Programme and is not based on your actual usage and/or level of attendance. On this basis you agree and acknowledge that:

7.3.1. you shall not be entitled to any form of credit to or deduction from the Fee for any non-attendance or lack of usage of the Programme on your part: and
7.3.2. the Fee is payable in full and non-refundable save for the circumstances set out in the clause below.

7.4.Payment of the Fee is non-refundable unless we cancel delivery of the Programme (as set out in clause 11.3), in which case you shall be entitled to a partial refund for any of the Services which you have paid for but have not yet received. This does not affect your statutory rights;

7.5. In light of our clear refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted. If you have any concerns with any aspect of the Programme then you agree to contact us by email to elaine@wiseowlequitation.com and allow us the opportunity to investigate and resolve your concerns. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you agree to indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £100 per hour.

7.6. We reserve the right to change the Fee at any time. Any changes will not affect you and the Fee you are required to pay, if you have already made payment and we have sent your welcome email.

7.7. Without prejudice to any other right or remedy that we may be entitled to, where payment is beyond 7 days overdue then:

7.7.1. We shall be entitled to suspend your access to the Programme until payment has been made in respect of the outstanding amount; and
7.7.2. interest shall accrue and be added to your account on a daily basis as from the date payment is due until full payment (including accrued interest) is received. Interest will be calculated on the outstanding Fee at a rate of 5% over the Bank of England’s base rate from time to time.

7.8. In the event payment is beyond 30 days overdue then we shall be entitled to terminate our agreement and instruct a collection or legal agent to seek recovery of the Fee along with interest and any accrued costs incurred.

8. Complaints or concerns

8.1. It is important to us that you are entirely happy with the Programme and the Services. Should you have any complaints or concerns please let us know by email to elaine@wiseowlequitation.com and allow us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of these Terms, further action includes stopping payment or making any chargeback or similar claim.

8.2. Upon receipt of any complaint or concern, we will confirm receipt by email and follow our internal complaints handling procedure to investigate and deal with the matter. We reserve the right to vary or re-perform the Services where we consider a concern is justified and in such case these Terms will apply to any re-performed Services.

8.3. Nothing in this Agreement affects any statutory rights that may apply to you.

 

9.No Guarantee

9.1.You agree and understand that use of and access to the Programme does not guarantee any particular results or success. During delivery of the Programme, we will provide you with access to information, resources and support all designed to benefit you but it remains, at all times, your responsibility to take action and to implement the necessary information received and/or any skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we are not able to guarantee that you will achieve any particular results or success.

9.2.We have made every effort to accurately represent the Programme and the included Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that you will achieve the same or similar results or experience. Your individual success, results and your experience will depend on many factors, including your background, dedication, desire and motivation which are all outside of our control and on this basis we make no guarantee, representation or warranty with respect to the Programme or the Services provided.

10. Non-solicitation

10.1. For the duration of your access to the Programme and for a period of 6 months afterwards you agree NOT to:

10.1.1. solicit or attempt to solicit any Clients without our express consent, such consent not to be unreasonably withheld;
10.1.2. employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, associate coaches, contractors or freelancers that were engaged, employed or contracted to us at any point during the time of your access to the Programme, without our express consent in writing, such consent not to be unreasonably withheld.

11.Cancellation and Termination

11.1. You may cancel and end this Agreement at any time by providing us with notice in writing by email to elaine@wiseowlequitation.com Please remember that unless the circumstances set out in clause 7.5 apply, no refunds will be provided and you will remain liable for full payment of the Fee despite any notice of cancellation.

11.2. We may cancel this Agreement where we are unable to continue providing the Programme for any reason. In such circumstances we will provide you with notice in writing and provide you with a refund in accordance with clause 7.5 above.

11.3. Either of us may end this Agreement by giving written notice to the other, with immediate effect, if at any time:

11.3.1. one of us commits a material breach of these Terms and if it is a breach that can be remedied or resolved, fails to remedy that breach within 14 days of being asked in writing to do so. Any request must refer to this clause, provide full details of the breach, any suggested or proposed action that can be taken to resolve it and confirm that this Agreement will be terminated if the breach is not remedied; or
11.3.2. either one of us becomes subject to bankruptcy, insolvency or similar financial order or proceedings affecting us personally or affecting our business, where applicable.

11.4. Termination for whatever reason will not affect any rights, remedies, obligations and liabilities which have accrued as at the date of termination, including the right to claim damages for any breach which existed on or before the date of termination.

12.Events outside of our control

12.1.We will make every effort to deliver the Programme to you as agreed, but sometimes things may happen which will be outside of our control (“Events”) and which will affect our ability to effectively deliver the Programme. Examples of Events can include, but are not limited to, acts of god, extreme adverse weather conditions, epidemics, pandemics, industrial action, lock down, war or threat or preparation for war, terrorist attack, any act or omission of a telecommunications officer or third-party supplier of services. If an Event happens which prevents us from delivering the Programme or causes a delay to our delivery of the Programme, then we will contact you as soon as we are able to confirm the details of the Event, the steps we are taking to mitigate the impact and when we expect to be in a position to deliver the Services.

12.2.If an Event occurs which continues for longer than 6 months then either one of us shall be entitled to end this Agreement by providing 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to any of our rights in respect of any breach occurring prior to termination. We will not be liable to you for any loss or damage you may suffer as a result of any delay caused by an Event and any refunds will be considered on a pro-rata basis at our discretion.

13. Confidentiality

13.1. The protection of confidentiality is very important to us that is why when you disclose or share any information it will be kept strictly confidential.

13.2. Where any information is disclosed to you, or where it is disclosed by a Client you agree that the information belongs solely and exclusively to the person disclosing it, and that you will keep it strictly confidential and not:

13.2.1. disclose, communicate, reproduce or distribute it, or use it for your own benefit, whether personally or commercially, and whether directly or indirectly;
13.2.2. use it for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.

13.3. The obligations above exclude any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms.

14. Intellectual Property

14.1. For the purposes of this Agreement, Intellectual Property shall mean all worldwide intellectual property rights whether registered or unregistered, registrable or non-registrable, including any application or right of application for such rights and shall include copyright and related rights, database rights, confidential information, trade secrets, know how, trade names, business names, trademarks, passing off rights, patents and rights in designs.

14.2. As part of our delivery of the Programme we may provide you with materials, information, tools, videos, resources, documents, workbooks, data and other content (“Content”). You agree and accept that all Content remains our confidential and proprietary Intellectual Property and belongs solely and exclusively to us.

14.3. You will be permitted to use any Content in connection with your use of the Programme and Services but it should not be copied, modified, reproduced, sold, shared, distributed, published, licenced, disclosed, or used for any reason, whether for commercial gain or not, without our prior written consent and nothing within these Terms constitutes a transfer of any Intellectual Property or a grant of a licence or any right to use unless expressly set out in these Terms or where we have provided our written consent.

14.4. You will be granted a personal, limited, worldwide, non-transferable, non-exclusive, revocable licence (“Licence”) to access, view and use our Content for your private and personal use in connection with your participation in the Programme and for the purposes the Services are intended for. Your Licence becomes valid upon payment of the Fee and any other monies owing to us and we have the right to withdraw it at any time, without notice, where we reasonably believe you are in breach of the terms of the Licence or any provision of these Terms.

14.5. Subject to your compliance with clause 14.4, you shall be entitled to access the Programme and any Content for the lifetime of the Programme. For the purposes of these Terms lifetime of the Programme shall mean the period of time that the Programme is available to purchase through our Website and for the avoidance of doubt we shall be at liberty to remove the Programme at any time (subject to satisfying any outstanding programmes).

15. Your Personal Information

15.1. Any personal information you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the UK GDPR and the Data Protection Act 2018. We shall only process your personal Information to the extent reasonably required to enable proper delivery of the Services and shall retain it only for as long as reasonably necessary to allow us to complete and deliver the Services and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your personal Information please refer to our privacy notice which can be found at www.tarapuntercoaching.co.uk.

15.2. In connection with the delivery of the Programme your image may be recorded in photographs, images or screenshots by us or other Clients and shared on social media. By accessing the Programme and Services and agreeing to these Terms you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so at any time by emailing us at elaine@wiseowlequitation.com.

15.3. Any of our obligations arising under this clause and under clauses 13 and 14 above, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.

16. Reviews and Testimonials

16.1. If you share comments, information, content, photographs, graphics or images (“Client Content”) you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing. When sharing Client Content, you confirm that you have the legal right to share it and that it does not infringe any third party’s intellectual property or other rights.

16.2. If you provide us with a testimonial, review or similar (“Review”) then by doing so you are providing your consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in my advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote my business. You can amend your consent at any time by email to elaine@wiseowlequitation.com.

17.Liability

17.1. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
17.2.

17.3. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:

17.3.1. any indirect, consequential or special damages, losses or costs;
17.3.2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
17.3.3. any failure to deliver the Programme where we are prevented due to an Event or another reason beyond our reasonable control; or
17.3.4. any losses arising from your use of the Services once delivered.

17.4. Our entire liability to you shall be limited to the amount of the Fee paid by you at the time any loss is sustained.

17.5. During the term of this Agreement and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or any Clients, or damage our reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or any Client.

17.6. In the event a dispute arises in connection with the provision of the Programme which we are unable to resolve following our internal complaints process or otherwise by mutual consent, then we both agree to submit the matter for mediation by a CEDR accredited independent mediator. In the event a resolution is still not possible 30 days following a mediation decision then either of us shall be at liberty to commence legal action.

17.7. Any guest expert, trainer or coach is wholly and solely responsible for the content, format and conduct of the Sessions they run, as well as for ensuring that they are capable of, and qualified and insured for, providing Sessions at the level and of the type they have offered. The Company will under no circumstances be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any Session

18.Who we are and how to contact us

18.1.The Services shall be delivered by Wise Owl Equitation which is a trading name of Global Horse Ventures Limited. Our business address is 2 Church Lane, Kings Langley, Hertfordshire WD4 8JS. Should you wish to contact us then you can email us at elaine@wiseowlequitation.com or alternatively you can write to us at the postal address above.

18.2.If we need to contact you, we will use the email address you provide at the time you purchase the Programme. If you change your contact email address it will be your responsibility to notify us so that we can update our records.

18.3.Any reference in these Terms to a notice shall mean a notice in writing sent by email to the email addresses referred to above. All emails will be taken as delivered 48 hours from valid transmission.

19.General

19.1.The failure of either one of us to actively enforce any provision of these Terms shall not constitute a waiver, diminution or limitation of any right (including any enforcement rights).

19.2.In the event any provision of these Terms is deemed to be invalid or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

19.3.These Terms represents the entire agreement between us and supersede all other negotiations, drafts, correspondence and discussions prior to you purchasing the Programme.

19.4.You agree that we have made no other representations to you to induce you into purchasing the Services and no modification to our agreement shall be effective unless in writing and signed by us both.

19.5.Where we deem it necessary to vary or modify these Terms (other than the Fee) then we shall notify you of any changes by email and your continued use of the Programme and Services will be deemed as your acceptance of any changes.

19.6. Save as provided for in clause 17.4, the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

19.7.These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.