Terms and Conditions

The Client agrees to abide by, and be bound by, the Terms and Conditions of the Company as set out below at all times without alteration, exclusion and/or adaptation.

Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1. Client – means any person, user or entity using the Website of the Company in order to register, join, subscribe, search, access, browse, view and/or upload adverts, availability and/or information, select, book and/or pay for any Session. For the avoidance of doubt ‘Client’ includes Trainers as well as all other recipients of goods and/or services, users and customers
2. Company – means Elaine Kelly trading as Global Horse Ventures and Global Horse Training
3. Services – means any registration, subscription, joining, searching, information access, uploading, browsing, viewing, booking and/or adverts relating to the Website and the Company
4. Session – means any training, lesson, instruction, advice and/or communication to a Client by a Trainer whether via a live online session and/or a video clip
5. Trainer – means any trainer, instructor, expert or other equestrian person displayed on the Website of the Company
6. Website – means the Company’s website www.globalhorsetraining.com together with its integrated joining, subscription, booking and payment systems

1. Service Provision

   The Client understands and accepts that:

   1. All Services and Client use and viewing of the Website and all Sessions booked and/or completed are governed by the Terms and Conditions outlined herewith in. By accessing the Services and/or Website and/or Sessions you are agreeing to be bound by these Terms and Conditions.
   2. The Company reserves the right to amend the Terms from time to time at its own discretion.
   3. Clients agree that they shall not have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
   4. The Company reserves the right to amend, cancel, restrict and/or withdraw any part or whole of the Services provided on the Website and/or the Website itself and/or any Sessions at any time and for any period at the Company’s own discretion and without notice. The Company shall under no circumstances be held liable for any direct or consequential loss suffered by Clients in these instances, and the Client will not be entitled to any refund for Services or Sessions paid or subscribed for in these instances.
   5. The Website is delivered via the internet which is an inherently unreliable medium. The Company shall under no circumstances be held liable for any direct or consequential loss suffered by Clients if the Website is unavailable at any time or for any period, and the Client will not be entitled to any refund for Services or Sessions paid or subscribed for if the Website is unavailable at any time or for any period.
   6. The Company may at its own discretion and without notice limit all or part of the Website and/or Services and/or Sessions at any time and for any period to any person and/or geographical location. The Company shall under no circumstances be held liable for any direct or consequential loss suffered by Clients if the Website and/or Services and/or Sessions are limited in this way, and the Client will not be entitled to any refund for Services or Sessions paid or subscribed for if the Website and/or Services and/or Sessions are limited in this way.
   7. All Clients access the Website and the Services and the Sessions at their own risk.
   8. No interruptions and/or disruptions to the Services and/or Website and/or Sessions shall entitle Clients to a refund of any payment already made by them.
   9. The Company is under no obligation to provide any content for the Services and/or Sessions and reserves the right to upload, remove, vary or otherwise deal with any content provided on the Website from time to time.
   10. The Company lists Trainers on the Website under the sections requested by the Trainers and enables Clients of the Company to book and pay for Sessions with the Trainer of choice of the Client via the Website.

2. Website Operation

   1. Trainers are wholly and exclusively responsible for providing the Company with their personal information and credentials for inclusion on the Website and for setting the fees required by the Trainer from Clients. The Company does not monitor the reliability or accuracy of information posted on the Website. Therefore the Company makes no representation or guarantee or warranty as to the completeness and/or accuracy of the information provided on the Website. The Company will under no circumstances be held responsible and/or liable for any out of date, incomplete and/or inaccurate information and/or fees supplied by the Trainer and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any out of date, incomplete and/or inaccurate information and/or fees provided by the Trainer.
   2. All content provided to the Company and all information and content of the Website must be provided in, and is displayed in English. All prices must be provided to the Company in Pounds Sterling and will be displayed in Pounds Sterling. Any links provided by the Company to currency exchange rates or amounts are purely for illustrative purposes and are in no way indicative of the actual cost or rate of currency exchange.
   3. The Company acts as a platform which allows Clients and users to sell and buy equestrian goods and services. The Company is not involved in transactions between parties. The Company has no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of sellers to sell or the ability of buyers to buy. Clients cannot assume that the sale, purchase, export or import of any item or service is valid and legal simply because it is listed on the Website.
   4. The Company is not responsible for ensuring that parties actually complete a transaction. Trainers and Clients accept sole responsibility for the legality of their actions under the laws applying to them.
   5. The Company recommends that Clients independently check the credentials of Trainers prior to purchase of any Sessions. The Company cannot be held responsible for Clients purchasing Sessions that are unsuitable for the capability of the purchaser. Clients buy at their own risk and must do their own appropriate research on Trainers prior to purchasing Sessions.
   6. The Company cannot and does not confirm the purported identity of Trainers or users or the validity of the information which Trainers or users post to the Website.
   7. The Company does not control the information provided by other users which is made available through the Website. Clients may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Use caution and common sense when using the Website. There are risks of dealing with underage persons or people acting under false pretenses. Trainers, Clients and users access the Website entirely at their own risk.

3. Website Misuse

   1. Clients may not mirror or frame any material from the Website and may not cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience whether to the Company or any Client or users of the Website by any means including persistently sending unsolicited communications (also known as ‘spamming’).
   2. Clients must not misuse the Website by knowingly introducing any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Clients must not attempt to gain unauthorised access to the Website, the server on which the Website is stored nor any server, computer or database connected to the Website.
   3. Clients must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. Breaching this provision would constitute committing a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing the Client’s identity to them. In the event of such a breach, the Client’s right to use the Website will cease immediately.
   4. Clients may link to the Website home page, provided they do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it. Clients must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of the Company where none exists. Clients must not establish a link to the Website in any website that is not owned by the Client. The Website must not be framed on any other site, nor may Clients create a link to any part of the Website other than the home page. The Company reserves the right to withdraw linking permission at its sole discretion without notice.

4. Bookings & Payments

   1. Each Trainer sets their own fees and/or charges for each Session. The Company takes no fee or levy from the Trainer for inclusion on the Website or for any Session provided by the Trainer to Clients. However, the Company will charge a booking fee determined by the Company from time to time to Clients for each booking made via the Website.
   2. The Trainer is wholly and exclusively responsible for uploading their available dates and times for live Sessions. The Company will under no circumstances be held responsible and/or liable for any out of date, incomplete and/or inaccurate dates and/or times supplied by the Trainer and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any out of date, incomplete and/or inaccurate dates and/or times provided by the Trainer.
   3. Clients of the Company are required to pay via PayPal in order to secure their Session with the Trainer. The Company will use reasonable endeavours to ensure that Client’s payments are processed in a timely manner. However, the Company will under no circumstances be held responsible and/or liable for any delays in the processing, sending and/or receiving of payments and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any delayed processing, sending and/or receiving of payments.
   4. Clients must be 18 years old or older in order to book and purchase Sessions through the Website. All Sessions booked for persons under the age of 18 years must be supervised throughout the entirety of the Session by their parent or guardian.
   5. By booking and purchasing a Session Clients are consenting to their personal details supplied by them to be passed on to Trainers.
   6. All prices for Sessions and Services will be as quoted on the site at the time of purchase. The Company takes reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.
   7. All prices may change from time to time, but changes will not affect any Services or Sessions already purchased.
   8. The quoted prices will, unless otherwise indicated on the Website, exclude any sales or other local tax which shall, if applicable, be payable by Clients in addition at the rate from time to time in force.
   9. Clients can only pay for Services using the payment methods listed on the Website and once submitted these are processed by the Company’s contractors. The terms and conditions for these payment services are available on request.
   10. Transactions made through the Website will be in Pounds Sterling. If Clients wish to pay with any other currency, the exchange rate and any additional transaction charges will be controlled and applied by the issuing bank and not the Company. The Company will not be liable for any additional charges incurred in respect of this.

5. Accounts

   1. Clients must treat their account details, including their username and password, as confidential, and have no right to disclose them to any third party other than those employees or members of their business who have express authority to access the Website. If a Client registers for a username to enable them to purchase, amend or change Sessions or Services they are solely responsible for all actions taken under that username whether by them or by employees or members of their business who have express authority. It is the Client’s responsibility to keep their username and password safe.
   2. If Clients know or suspect that anyone other than a third party they have specifically authorised knows their user identification code or password, they must promptly notify the Company.
   3. Clients are solely responsible for any activities that occur under their account. The Company shall not be liable to Clients or any third party for any loss or damage which may arise as a result of any failure by Clients to keep their password or account confidential.
   4. Clients are solely responsible for any information they provide to the Company or other users in relation to the Services and/or Website (including, without limitation, any description of items listed). The Company is a passive conduit for online distribution and publication of Client’s information.
   5. The Website may only be used for lawful purposes. Clients are prohibited from violating or attempting to violate the security of the Website or using it to obtain products or services not properly ordered and fully paid for.
   6. Clients may not interrupt or attempt to interrupt the operation of the Website in any way or send unsolicited email messages (‘Spam’) to or through the Website or otherwise harass the site owner, provider, or other users.
   7. The Website may contain references or cross references to products that are not available in every country.
   8. Clients must use their accounts in a responsible, considerate and reasonable manner.
   9. The Company has the right to disable any username or password, whether chosen by a Client or allocated by the Company, at any time, if in the Company’s sole opinion a Client has failed to comply with any provision of these Terms.

6. Sessions

   1. The Client is required to have good and consistent internet connection for the entire duration of the live Session booked. The Client is also required to have a suitable device on which to conduct the live Session booked. It is the sole responsibility of the Client to ensure that they have the required internet connection and device capabilities for the entire duration of each live Session booked. The Client is required to have ensured that the device is located in a suitable and fully functioning location prior to the commencement of any live Session. The Company will under no circumstances be held responsible and/or liable for any total and/or partial failure and/or disruption of a live Session due to internet connection and/or device capability problems and/or inadequacies and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any such internet and/or device capability problems and/or inadequacies.
   2. For video clip Sessions the Client is required to submit a video clip via YouTube or Vimeo of no more than 20 minutes duration with good lighting and visibility, and which demonstrates a good overview of the horse and rider. The Trainer has the right to refuse to accept any video clip which does not comply with these requirements and request an alternative clip to be provided.
   3. Trainers will endeavour to provide feedback on video Sessions submitted within 72 hours of their submission. However, there may occasionally be a delay with this for example in the event of injury, competition commitments or time abroad. In these circumstances the Trainer will inform the Client of the time period during which feedback will be provided
   4. The Trainer is wholly and solely responsible for the content, format and conduct of the Session, 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
   5. The Trainer is wholly and solely responsible for ensuring that they maintain up to date, appropriate and adequate qualifications and insurance for the Sessions they provide. The Company will under no circumstances be obliged and/or responsible for checking and/or confirming the adequacy, appropriateness and/or up to date nature of any qualifications and/or insurance of the Trainer. 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 total and/or partial failure of the Trainer to maintain up to date, appropriate and adequate qualifications and insurance for the Sessions they provide.
   6. The Client is wholly and solely responsible for ensuring that they are capable of, and qualified and insured for, taking part in Sessions at the level and of the type they have booked. 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.
   7. Due to the nature of the training accessed via the Company, the Company provides a guarantee to all new Clients that for the first live Session booked through the Company a new Client may stop the training/lesson session within the first ten minutes only of that Session and cancel the Session. This is to provide new Clients with reassurance that if they are not comfortable to complete training in this manner and/or do not feel that this manner of training is adequate for them they do not have to proceed with the Session. This applies only to a new Client of the Company and only on their first Session booked via the Company. It does not apply to non-ridden Sessions. In the event that a Client stops and cancels a Session within the first ten minutes of the Session the Client will be refunded the Session fee less a £10 cancellation charge, but will receive no refund of the booking fee.
   8. The Trainer is wholly and solely responsible for setting their own cancellation and refund policies for live Sessions with Clients except for that detailed at clause 5.4 above. The Trainer supplies the Company with their information regarding cancellation and refund policies to be displayed on the Website. The Company will under no circumstances be held responsible and/or liable for any out of date, incomplete and/or inaccurate information and/or fees relating to cancellation and/or refund supplied by the Trainer and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any out of date, incomplete and/or inaccurate information and/or fees relating to cancellation and/or refund provided by the Trainer.
   9. There is no cancellation possible for uploaded video Sessions or their associated booking fee.
   10. For Clients to be eligible to use the Services and/or to purchase a Session they must have full legal capacity to enter into a contract, be at least 18 years old and further represent and warrant to the Company that they have authority to bind any business on whose behalf they use or access the Services and/or Website and/or purchase Sessions and/or Services.
   11. Clients acknowledge that in purchasing Services or Sessions they do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
   12. By registering on the Website and/or by authorising, approving and/or lodging material with the Company for publication to the Website Trainers and Clients warrant that:
       1. they have all required consents, licenses or permission to use the material;
       2. the material complies with all applicable laws and regulations in the UK and in any country from which it is posted;
       3. the material is not:
          1. defamatory, obscene, offensive, threatening, hateful, abusive or inflammatory;
          2. made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
          3. does not infringe any intellectual property rights of any other person or entity;
          4. promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
          5. false, fraudulent, misleading or inaccurate, including giving the impression they emanate from the Company (or any other person or company), if this is not the case;
       4. they either own or are legally entitled to sell each item or Service or Session listed, any such item is not counterfeit or stolen, and that the sale and purchase of such item or Service or Session is legal in the jurisdiction in which the Trainer or Client is resident as well as legal in the jurisdiction in which the Trainer or Client is resident and that it is legal in both jurisdictions to export and receive such item or Service or Session.
   13. Whilst the Company does not monitor the Website in order to ascertain whether or not Trainers and Clients have acted in accordance with these Terms if the Company determines at its sole discretion that a Trainer or Client is in breach of any of the Terms it may, in its sole and absolute discretion, take any such action it deems appropriate, including (but not limited to): removing any content uploaded by Trainers or Clients to the Website; issuing a formal warning to Trainers or Clients; suspending or terminating Trainers or Clients access to the Website; reporting Trainer or Client actions to the appropriate authorities; or taking legal action against Trainers or Clients.
   14. The Company is not responsible for verifying the identity of any Trainers, Clients or users nor is it responsible for the purchase of any products, Services or Sessions, animals or vehicles and Clients accept that any purchase is at their own risk and that they are wholly responsible for obtaining any appropriate professional advice required prior to purchasing.
   15. In the event that a Trainer or Client has any right, claim or action against any other Trainer or Client and/or user arising from that party’s use of the Website, the Trainer or Client agrees to pursue such right, claim or action independently of and without recourse to the Company, and the Trainer or Client releases the Company from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with any such right, claim or action.
   16. Upon booking a Session or Service on the website by clicking the “submit” or “proceed” button Clients acknowledge that the Company will commence supplying the Services immediately and that Clients will be charged for the Session or Service in full with no option of a refund subject to those specified in Clause 4 above.
   17. Each advert is for a single Trainer and substitutions are not accepted on any adverts. Amendments of photos, text content and/or videos after the date of submission may be made only at the sole discretion of the Company. Agreement by the Company to one amendment does not set a precedent for future amendments to be authorised or agreed by the Company.
   18. Adverts, Trainer information and website content are only for general information and contain material submitted by third parties. The Company hereby excludes any warranties as to the quality, accuracy, completeness, performance, legality, fitness for a particular purpose of the Website or any of its contents or omissions of information, accepts no responsibility for the content, omissions, legality and/or accuracy of such advertisements, nor makes any guarantee regarding the contents of adverts and/or Trainers and/or the Website in respect of the existence or availability or suitability of anything advertised whatsoever.
   19. The Company makes no warranty that the contents of the adverts and Trainer information and Website are free from infection or viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
   20. Although acceptance of advertisements on the Website is subject to the Company’s discretion, the Company does not accept liability in respect of any advertisements.
   21. All photographs used on the Website must have the prior consent of the photographer. The Trainer or Client is responsible for gaining any photographer’s approval prior to forwarding photographs to the Company to use on the Website. The Company excludes responsibility for all issues arising due to copyright protection on photographs.
   22. Acceptance of links to third party websites it as the sole discretion of the Company. The Company reserves the right to immediately withdraw any website link without warning and no refund will be given. The web site address stated in the advertisement must be the website address that the link points to. Redirection of website links to a different website will not be accepted.
   23. Any adverts submitted to the Company are accepted at the Company’s sole discretion, and it has the right to refuse and reject any advertisement or part of advertisement without justification. Any advert may have some or all of the information contained in it removed without notification at the Company’s sole discretion at any time and for any period. No refund will be given for any refused, rejected or removed advert or part advert.
   24. Website links on the Website lead to resources located on servers maintained by third parties over whom the Company has no control and the Company accordingly accepts no responsibility or liability for any of the material contained on those websites or servers whatsoever.

7. Licences & Intellectual Property

   1. Any content uploaded to the Website will be considered non-confidential and non-proprietary. Trainers and Clients retain all of their ownership rights in their content, but by these Terms they grant the Company and other users of the Website a limited license to use, store and copy that content and to distribute and make it available to third parties.
   2. The Company also has the right to disclose a Trainer’s or Client’s identity to any third party who is claiming that any content posted or uploaded by the Trainer or Client to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
   3. The prefix “Global Horse” and the company names “Global Horse Ventures”, “Global Horse Training” and “Global Horse Search” are the Company’s registered trade marks and neither these names, nor any logo or device incorporating that mark or these names shall be used without the Company’s prior written consent.
   4. All intellectual property rights, and all other rights including goodwill, whether now known or created in the future, in the content provided through the Services and/or Sessions and/or Website is the Company’s property and shall vest in the Company.
   5. Under these Terms the Company grants Trainers and Clients a limited, non-exclusive, revocable license to view, access, download or print content provided through the Services (License). When Trainers or Clients download or print any content, they must ensure that all copyright, trade mark and other proprietary notices comprised within that content are retained. Trainers or Clients shall not assign or sub-license their rights under the License. The License does not permit Trainers or Clients to copy; amend or modify; reproduce; republish; post; broadcast; or transmit content or material provided via the Services or Website, use any of the Company’s trade marks, or authorise or assist anyone else to do so without the Company’s express prior written consent
   6. If Trainers or Clients breach these Terms the Company may, in its absolute discretion, terminate the Trainer’s or Client’s right to use any the Website immediately and in any event Trainers or Clients must, at the Company’s option, return or destroy any copies of the materials they have made.

8. Liability

   1. The Company will under no circumstances whatsoever be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Services and/or Sessions and/or Website for: any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss on the part of any Trainer or Client or other third party even if foreseeable.
   2. The Company will not be liable under any circumstances whatsoever 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: use of, or inability to use, the Website; or use of or reliance on any content displayed on the Website.
   3. The Company will not be liable for any loss or damage whatsoever caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect a computer equipment, computer programs, data or other proprietary material due to use of the Website or to downloading of any content on it, or on any website linked to it.
   4. The Company assumes no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement of those linked websites. The Company will not be liable for any loss or damage whatsoever that may arise from use of them.
   5. Subject to these Terms, the total liability of the Company in respect of all losses arising under or in connection with the Services and/or the Sessions and/or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the total fees paid by the Client in the relevant period to the Company.
   6. Trainers and Clients shall remain solely responsible for compliance with their legal duties and obligations, including (but without limitation) in respect of all sales or services provided by Trainers and Clients to their own customers.
   7. Except as expressly stated in these Terms, the Company does not give any representation, warranties or undertakings in relation to the Services and/or Sessions and/or the Website. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, the Company will not be responsible for ensuring that the content provided through the Services and/or Sessions and/or Website is suitable for a Client’s purposes.
   8. All liability is excluded to the extent permitted by law including any implied terms.
   9. In the event that a Trainer or Client or user has any right, claim or action against any other Trainer or Client or user arising from that party’s use of the Website, they agree to pursue such right, claim or action independently of and without recourse to the Company, and release the Company from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
   10. Trainers and Clients shall indemnify the Company in full against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the Company arising out of or in connection with any breach of these Terms.

9. Communications

   1. Any notice or other communication given by the Company to a Trainer or Client, or by a Trainer or Client to the Company, under or in connection with the Services and/or Sessions and/or the Website shall be in writing via email, or in writing via recorded delivery post.
   2. A notice or other communication shall be deemed to have been received: if sent by recorded delivery post on the date delivery is recorded; or if sent by e-mail, one Business Day after receipt of the email.
   3. In proving the service of any notice it will be sufficient to prove; in the case of a recorded delivery letter, that such letter was received as recorded on the tracking system of the postal service; and in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee and was acknowledged as delivered and received via a read-receipt.

10. Confidential Information

    1. Any non-personal information or material, save for financial information, sent to the Company will be deemed NOT to be confidential. By sending the Company any non-personal information or material, Trainers and Clients grant the Company an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and also agree that the Company is free to use any ideas, concepts, know-how or techniques that sent to the Company for any purpose.

11. Promotions & Competitions

    1. From time to time, the Company may choose to run promotions including specific offers or discount opportunities (Promotional Offers) or competitions (Competitions) via the Website. In addition to these Terms any description and terms of each Promotional Offer or Competition set out on the Website (Promotion Terms or Competition Terms) shall also apply.
    2. All of the Company’s Promotional Offers are also subject to the following specific terms and conditions:
       1. Promotional Offers may only be used against full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated
       2. Promotional Offers are valid for a limited period of time as specified in the original marketing communication containing the Promotional Offer and cannot be used outside of that period
       3. Promotional Offers are valid only online
       4. discounts are not redeemable against any advertised products, unless specifically stated otherwise in the Promotion Terms
       5. if any purchase subject to a Promotional Offer is refunded for any reason, the Company will only refund the amount actually spent, taking into account the total discount given under the Promotional Offer
       6. no Promotional Offer can be applied retrospectively
       7. all purchases are subject to availability and the Company reserves the right to withdraw, amend or extend Promotional Offers at any time
    3. To the extent that the Promotional Offer in question involves the supply of a code which can be used to apply a discount if the order meets the terms of the Promotional Offer (Promotional Code), the following additional terms and conditions apply:
       1. Promotional Codes cannot be used in conjunction with any other offer unless otherwise stated in the Promotion Terms
       2. if using the Promotional Code online, enter it as requested during the check-out process
       3. Promotional Codes are for use by the intended recipient only and proof of entitlement to use a Promotional Code may be requested
       4. all orders using Promotional Codes are subject to acceptance and any improper use of Promotional Codes may result in the cancellation of the order
    4. All Competitions are also subject to the terms of entry, particular rules and prize or prizes (and any terms relating to that) that are specific to that competition, in addition to which every Competition should be considered to incorporate the following specific terms and conditions:
       1. there will be a specified prize, which may be subject to its own terms and conditions which will be set out in the Competition Terms. Use of such a prize shall constitute acceptance of those terms and conditions
       2. Clients are deemed to have accepted these terms and conditions and to have agreed to be bound by them when entering any Competition
       3. entries that are lost, incomplete, illegible or indecipherable, in the Company’s sole discretion, will not be valid and will be disqualified
       4. each entrant may enter the Competition only once. No purchase is required
       5. entrants must be aged 18 or over. Proof of age may be required.
       6. providing any false details will result in disqualification, and the immediate withdrawal of any prize entitlement
       7. Competitions are not open to the Company’s employees, agents or their families
       8. the Company reserves the right to cancel or change the Competition Terms at any stage, if deemed necessary in it’s sole opinion
       9. the Company cannot guarantee that the prize will be free from disruptions, failings and/or errors, and cannot be held to be liable for any act or omission of the prize and/or the prize provider
       10. the Company’s decision is final and no correspondence will be entered into
       11. in consideration of being awarded the prize, the winner may be required to take part in publicity related to the prize, and Trainers and Clients now confirm that they will take part in such publicity if they are a winner. Such publicity may include, without limitation, use of Trainer’s or Client’s names, photographs of the Trainer or Client taken by the Company at and/or in relation to any prize event, and statements made by the Trainer or Client concerning the prize which the Company can use in its marketing
       12. the Company will not under any circumstances be responsible or liable to compensate a prize winner or accept any liability for any loss or damage occurring as a result of taking up a prize
    5. The Company takes its data protection and privacy responsibilities seriously, and entrant information will only be used in accordance with its Privacy Policy.
    6. To the extent that there is any conflict between these Terms and the Promotion Terms or Competition Terms (as applicable), then the Promotion Terms or Competition Terms (as applicable) will apply.

12. Other Websites

    1. When Trainers or Clients visit or purchase from a website affiliated with the Company or linked to the Website, the use of such other website is at the Trainer or Client’s own risk and they will be subject to the terms and conditions of use applicable to such other website (including, without limitation, such website’s privacy policy).
    2. The Company is not responsible for examining or evaluating, and in no way makes any endorsement, warranty, or representation relating to the content of any such other website, and will not be responsible or assume any liability for the actions, products, services, or content of any such other website or its related businesses.

13. Ancilliary Terms

    1. These Terms and any document expressly referred to in them constitute the entire agreement between the Company and Clients and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter with the exception of the separate Trainers Contract that Trainers are required to enter into prior to inclusion on the Website.
    2. The Company may transfer its rights and obligations to another person or entity, but this will not affect Trainer’s or Client’s rights or obligations under these Terms. Trainers and Clients may only transfer their rights or obligations under these Terms to another person or entity if the Company agrees to this in writing.
    3. No other person or entity shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
    4. Each of the clauses of these Terms operates independently. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
    5. If the Company fails to insist that Trainers or Clients perform any of their obligations under these Terms, or if the Company does not enforce its rights or delays in doing so, that will not mean that the Company has waived its rights and will not mean that Trainers or Clients do not have to comply with those obligations. If the Company does waive a default by a Trainer or Client, it will only do so in writing, and that will not mean that the Company will automatically waive any later default.
    6. These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction.
    7. Clients are aware that Trainers are not permitted to conduct Sessions of, or similar to, the nature and/or type offered by the Company outside of the Company and will not attempt to require or encourage the Trainer to book and/or complete any such Sessions outside of the Company.

Definitions

In this Agreement, the following terms shall have the following meanings:

1. Client – means any person, user or entity using the Website of the Company in order to register, join, subscribe, search, access, browse, view and/or upload adverts, availability and/or information, select, book and/or pay for any Session. For the avoidance of doubt ‘Client’ includes Trainers as well as all other recipients of goods and/or services, users and customers
2. Company – means Elaine Kelly trading as Global Horse Ventures and Wise Owl Equitation
3. General Terms – means the general Terms and Conditions of the Company in force at any time as documented on the Website
4. Session – means any training, lesson, instruction, advice and/or communication to a Client by a Trainer
5. Website – means the Company’s website www.wiseowlequitation.com together with its integrated booking and payment systems

1. Agency Agreement

   The Company and the Trainer agree that:
   1. This Agency Agreement applies to the Trainer in conjunction with the General Terms of the Company and by signing this Agency Agreement the Trainer is also agreeing to be bound by the General Terms.
   2. The Company will list the Trainer on their Website under the sections requested by the Trainer and enable Clients to book and pay for Sessions with the Trainer via the Website.
   3. The Company will take no fee or levy from the Trainer for standard inclusion on the Website or for any Sessions provided by the Trainer to Clients. However, the Company will charge a booking fee determined by the Company to Clients for each Session booking taken via the Website.
   4. The Trainer can opt to pay an additional advertising fee determined by the Company for their listing as described in clause 2.1 above to be advertised in a premium section at the top of a section page of the Website. This is subject to availability and offered to Trainers on a first come first served basis.

2. Processing of Personal Data

   1. It is the Controller’s responsibility to ensure that they have a lawful basis to process the Personal Data, which the Processor will be processing on the Controller’s behalf for the purposes of this agreement.
   2. The Controller provides the authority to the Processor to process the Personal Data as is reasonably necessary for the provision of the Services.
   3. The Processor must comply with all Data Protection Laws when processing the Personal Data.
   4. The Processor must not Process the Personal Data other than on The Controller’s instructions unless it is required by Data Protection Laws to which the Processor is subject.
   5. The Processor must take reasonable steps to ensure the reliability of any employee, agent or contractor who may have access to the Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Personal Data, as strictly necessary for the purposes of this Agreement.
   6. The Processor must ensure that all such individuals are approved in writing by The Controller and are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

3. Appointment of Sub Processors

   1. The Processor must not appoint sub-processors without The Controller’s prior written permission.

4. Security Measures

   1. The Processor must in relation to the Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

5. Subject Access Request

   1. The Processor must promptly and in any event within 24 hours notify The Controller if they receive a request from a Data Subject under any Data Protection Laws in respect of their Personal Data. This includes but is not limited to a request from the Data Subject to stop processing their Personal Data, to modify their Personal Data, to provide them with their Personal Data and/or to delete their Personal Data.
   2. The Processor must not respond to such a request except on the documented instructions of The Controller or as required by Data Protection Laws to which they are subject.
   3. The Processor must co-operate with the Controller to resolve the Data Subject’s request and take such reasonable steps and/or remedial action as directed by the Controller.

6. Personal Data Breach

   1. The Processor must without undue delay upon becoming aware of a Personal Data Breach affecting the Controller, provide the Controller with sufficient information to allow the Controller to report the matter to the Supervisory Authority.
   2. The Controller requires the notification to be made to them by the Processor no later than 24 hours of it having been identified.
   3. The Processor must co-operate with the Controller and take such reasonable commercial steps as directed by the Controller to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

7. Data Protection Impact Assessment and Prior Consultation

   1. The Processor must provide reasonable assistance to the Controller with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which the Controller considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law.

8. Deletion or Return of the Personal Data

   1. The Processor must promptly and in any event within 2 months of the submission of any Personal Data to the Controller delete any retained copies of that data.
   2. Subject to 9.3 the Controller may in its absolute discretion and by written notice to the Processor within 5 days of the termination of its relationship with the Processor require the Processor to return a complete copy of all the Personal Data to the Controller by secure file transfer in such format as is reasonably notified by the Controller to the Processor unless it has already been securely destroyed. The Processor must comply with any such written request within 10 days of the written notice.
   3. The Processor can only retain the Personal Data to the extent and for such period required by Data Protection Laws and provided the Processor ensures the confidentiality of all such Personal Data and ensures that such Personal Data is only Processed as necessary for the purpose(s) specified in Data Protection Laws and for no other purpose.
   4. The Processor must provide written certification to the Controller that it has fully complied with the requirements stipulated in 9.3 within 10 days of the date of the notice.

9. Transfer of Personal Data outside of the European Economic Area

   1. The Processor must not transfer any such Personal Data to any location or territory outside the European Economic Area except with the prior written consent of the Controller and in accordance with any terms the Controller may impose on such transfer as the Controller deems necessary to satisfy the International Transfer Requirements.

10. Audit Rights

    1. The Processor must make available to the Controller on request all information necessary to demonstrate compliance with the requirements in this agreement and shall allow for and contribute to audits, including inspections, by the Controller, its representative or an auditor mandated by the Controller in relation to the Processing of the Personal Data.

11. Website Operation

    1. The Trainer is wholly and exclusively responsible for providing the Company with the personal information required about the Trainer for inclusion on the Website and for setting the fees required by the Trainer from Clients. The Company will under no circumstances be held responsible and/or liable for any out of date, incomplete and/or inaccurate information and/or fees supplied by the Trainer and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any out of date, incomplete and/or inaccurate information and/or fees provided by the Trainer. It is the sole responsibility of the Trainer to ensure that the Company has up to date, complete and accurate information relating to them and their provision of training at all times.
    2. The Company will use reasonable endeavours to ensure that the Website remains fully functioning and online at all times. However, 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 total and/or partial failure and/or disruption of the operations, functions and/or connections of the Website.

12. Bookings and Payments

    1. The Trainer is wholly and exclusively responsible for uploading their available dates and times for Sessions. The Company will under no circumstances be held responsible and/or liable for any out of date, incomplete and/or inaccurate dates and/or times supplied by the Trainer and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any out of date, incomplete and/or inaccurate dates and/or times provided by the Trainer. It is the sole responsibility of the Trainer to ensure that they provide up to date, complete and accurate dates and times relating to them and their provision of training at all times.
    2. Clients are required to pay via Paypal online in order to secure their Session with the Trainer. The Company will use reasonable endeavours to ensure that once received into the Company’s bank account and the Session has been completed, Client’s payments are processed and sent to the Trainer’s bank account via bank transfer in a timely manner. However, the Company will under no circumstances be held responsible and/or liable for any delays in the processing, sending and/or receiving of payments and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any delayed processing, sending and/or receiving of payments.
    3. The Trainer is required to provide the Company with up to date and accurate bank information for payments to be sent to the Trainer.

13. Sessions

    1. The Trainer is required to have good and consistent internet connection for the entire duration of the Session booked. The Trainer is also required to have a suitable device on which to conduct the Session booked. It is the sole responsibility of the Trainer to ensure that they have the required internet connection and device capabilities for the entire duration of each Session booked. The Company will under no circumstances be held responsible and/or liable for any total and/or partial failure and/or disruption of a Session due to internet connection and/or device capability problems and/or inadequacies and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any such internet and/or device capability problems and/or inadequacies.
    2. The Trainer is wholly and solely responsible for the content, format and conduct of the Session, 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.
    3. The Trainer is wholly and solely responsible for ensuring that they maintain up to date, appropriate and adequate qualifications and insurance for the Sessions they provide. The Company will under no circumstances be obliged and/or responsible for checking and/or confirming the adequacy, appropriateness and/or up to date nature of any qualifications and/or insurance of the Trainer. 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 total and/or partial failure of the Trainer to maintain up to date, appropriate and adequate qualifications and insurance for the Sessions they provide.
    4. The Trainer understands that due to the nature of the training accessed via the Company, the Company provides a guarantee to all new Clients that for the first Session booked through the Company a new Client may stop the Session within the first ten minutes only of that session and cancel the Session. This is to provide new Clients with reassurance that if they are not comfortable to complete training in this manner and/or do not feel that this manner of training is adequate for them they do not have to proceed with the Session. This applies only to a new Client of the Company and only on their first Session booked via the Company. It does not apply to non-ridden Sessions. In the event that a Client stops and cancels a Session within the first ten minutes of the Session the Client will be refunded the Session fee less a £10 cancellation charge that the Trainer will receive.
    5. The Trainer is wholly and solely responsible for setting their own cancellation and refund policies for Sessions with Clients except for that detailed at clause 5.4 above. The Trainer must supply the Company with accurate, complete and up to date information regarding cancellation and refund policies to be displayed on the Website. The Company will under no circumstances be held responsible and/or liable for any out of date, incomplete and/or inaccurate information and/or fees relating to cancellation and/or refund supplied by the Trainer and under no circumstances will be held responsible and/or liable for any direct and/or consequential loss and/or damages arising from, or related to, any out of date, incomplete and/or inaccurate information and/or fees relating to cancellation and/or refund provided by the Trainer.

14. Non-Compete and Termination

    1. The Trainer agrees that for the entire duration of time during which this Agreement is in force the Trainer will not provide Sessions of, or similar to, the nature and/or type of the Sessions provided via the Company through any other person or entity.
    2. The Trainer may terminate this Agreement at any stage by giving one month’s notice in writing to the Company, providing that all booked Sessions are completed prior to the expiry of the notice period.
    3. The Trainer agrees that for a period of three months after the expiry of the notice period the Trainer will not provide Sessions of, or similar to, the nature and/or type of the Sessions provided via the Company through any other person or entity.
    4. In the event that no Sessions have been booked for the Trainer via the Website for a period of three months from the date the Trainer was added to the Website the Trainer will be considered to have given notice on the date three months after the date they were added to the Website as set out in clause 6.2 above.

15. Ancilliary Terms

    1. This Agreement shall be governed and construed in accordance with the laws of England and Wales.
    2. In signing this Agreement both Parties confirm that they have been given the opportunity of obtaining independent legal advice in relation to this Agreement and the implications of their signing it.

Website Terms and Conditions for www.wiseowlequestrian.com

These terms of use govern your use of our site. Please read these terms in full before you use this Website. If you do not accept these terms of use, please do not use this Website. Your continued use of this site confirms your acceptance of these terms.

Website Access

It is not necessary to register with us in order to use most parts of this Website. However, particular areas of this Website will only be accessible only if you have registered.

Use of Website

This Website may be used for your own private purposes and in accordance with these terms of use. You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.

Site Uptime

All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time. Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.

Visitor Provided Material

Any material that a visitor to this Website sends or posts to this Website shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy. When using this website you shall not post or send to or from this Website any material: for which you have not obtained all necessary consents; that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data. We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.

Links to and from other websites

Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk. Any party wishing to link to this website is entitled to do so provided that the conditions below are observed: You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing; You do not misrepresent your relationship with this website; and The website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party. By linking to this Website in breach of clause 5.2 you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

Disclaimer

Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and ,or up to date. All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.

Exclusion of Liability

We do not accept liability for any loss or damage that you suffer as a result of using this Website. Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.

Law & Jurisdiction

These terms of use are governed by English law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

Our Details

Our business’s name is: Global Horse Ventures Our business address is: 2 Church Lane, Kings Langley, WD4 8JS Our contact details are: info@wiseowlequitation.com

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, or have your guardian’s permission 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 & the Wise Owl Equitation website. 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 anyinstalment 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 wereasonably 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.wiseowlequitationco.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.      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.  

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