Trainers Terms and Conditions

1. DEFINITIONS

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

  • ‘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
  • ‘Company’ means Elaine Kelly trading as Global Horse Ventures and Wise Owl Equitation
  • ‘General Terms’ means the general Terms and Conditions of the Company in force at any time as documented on the Website
  • ‘Session’ means any training, lesson, instruction, advice and/or communication to a Client by a Trainer
  • ‘Website’ means the Company’s website www.wiseowlequitation.com together with its integrated booking and payment systems

2. AGENCY AGREEMENT

The Company and the Trainer agree that:

  • 2.1 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.
  • 2.2 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.
  • 2.3 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.
  • 2.4 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.

3. PROCESSING OF PERSONAL DATA

  • 3.1         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.
  •  3.2         The Controller provides the authority to the Processor to process the Personal Data as is reasonably necessary for the provision of the Services.
  • 3.3         The Processor must comply with all Data Protection Laws when processing the Personal Data.
  •  3.4         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.
  •  3.5         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.
  • 3.6         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.

4. APPOINTMENT OF SUB PROCESSORS

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

5. SECURITY MEASURES

  • 5.1         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.

6. SUBJECT ACCESS REQUEST

  • 6.1         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.
  • 6.2         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.
  • 6.3         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.

7. PERSONAL DATA BREACH

  • 7.1         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.
  • 7.2         The Controller requires the notification to be made to them by the Processor no later than 24 hours of it having been identified.
  • 7.3         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.

8. DATA PROTECTION IMPACT ASSESSMENT AND PRIOR CONSULTATION

  • 8.1         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.

9. DELETION OR RETURN OF THE PERSONAL DATA

  • 9.1         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.
  • 9.2         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.
  • 9.3         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.
  • 9.4         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.

10. TRANSFER OF PERSONAL DATA OUTSIDE OF THE EUROPEAN ECONOMIC AREA

  • 10.1       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.

11. AUDIT RIGHTS

  • 11.1       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.

12. WEBSITE OPERATION

  • 12.1 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.
  • 12.2 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.

13. BOOKINGS AND PAYMENTS

  • 13.1 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.
  • 13.2 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.
  • 13.3 The Trainer is required to provide the Company with up to date and accurate bank information for payments to be sent to the Trainer.

14. SESSIONS

  • 14.1 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.
  • 14.2 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.
  • 14.3 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.
  • 14.4 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.
  • 14.5 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.

15. NON-COMPETE AND TERMINATION

  • 15.1 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.
  • 15.2 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.
  • 15.3 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.
  • 15.4 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.

16. ANCILLIARY TERMS

  • 16.1 This Agreement shall be governed and construed in accordance with the laws of England and Wales.
  • 16.2 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.