2 Who we are
a) The Website is owned and operated by Time Inc. (UK) Ltd a company registered in England under company number 00053626. Our registered office address is Blue Fin Building 110 Southwark Street London SE1 0SU. Our VAT number is GB646150645.
b) We use third party subcontractors (“Partners”) including technology suppliers and payment processing companies to provide to us elements of the Website, the events marketplace provided by it and services connected to it.
3 What we provide via the Website
a) The Website is a marketplace platform that facilitates the online listing and promotion of equestrian events and allows prospective entrants to view those events and enter them including paying the entrance or registration fees.
c) Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Website and the services provided through it without notice. We will not be liable if for any reason the Website is unavailable for any period.
4 The relationship between us, End Users and Organisers
c) We cannot give any undertaking that Event services you acquire from Organisers through the Website will be provided with reasonable skill and care and this and any other such warranties (whether express or implied) are disclaimed by us to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Organiser.
d) No order shall be deemed accepted by the Organiser until we in our capacity as the disclosed commercial agent of the Organiser issue an email acknowledgement of the order. The agreement between you as End User and an Organiser will relate only to the Event detailed in the email acknowledgement.
5 User general requirements
b) The Website may only be used for its primary purpose. You remain liable for any inappropriate use of the Website and must refrain from: i) performing any activity that is unlawful or can reasonably be deemed unethical or unfair; ii) performing any activity that causes the Website to be disrupted or damaged; iii) using any data obtained from our Website without our prior consent; iv) placing links or deep links to the Website without our permission; v) using any usernames, Event descriptions, comments or messages that are obscene, discriminatory, offensive or interacting in any inappropriate manner; f) attempting to manipulate transactions or tamper with our systems in any way.
c) If you select, or we provide you with, a user id, password or any other security credentials you must treat such information as strictly confidential and not disclose it to anyone. We retain the right to disable any account or security credentials, whether selected by you or provided by us, at any time.
6 Organiser provisions
a) You will bear liability for all data provided to us or directly transferred from your systems to ours and will hold us harmless against any third party claims regarding, but not limited to, the infringement of Intellectual Property rights, pricing, or other claims that may arise in connection with your listings of, or selling entries to Events via the Website.
b) In the course of our business, we may develop materials that contain content provided by you. You grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute and display such Content in whole or in part, including the right to merge and incorporate it into our other works in any form, media or technology now known or later developed.
c) It is your responsibility to ensure that the advertising, staging and organisation of an Event listed by you complies with all applicable laws and regulations, including health and safety requirements and that you maintain adequate public liability insurance.
d) Any Events listed on the Website must be open and be capable of being entered at the time of listing via the Website. No Events may be listed where End Users are invited or directed to an alternative website or means of entry. We reserve the right at any time to suspend or withdraw any listing in breach of this term.
e) You undertake to use End Users’ information solely for the purpose of completing transactions made via the Website and strictly in accordance with all applicable data protection legislation and only in accordance with any consents obtained from End Users. For the avoidance of doubt, you shall not use the information we have provided for any direct marketing to End Users. You shall be a data controller (as defined in the Data Protection Act 1998) in relation to any personal data that we share with you.
f) It is your responsibility to ensure that indicated prices include VAT and any applicable taxes. You are responsible for accounting for all taxes due relating to the staging of your Event via our Website.
g) By listing your Event on the Website you agree to pay all relevant transaction fees and payment processing charges for any and all entries to your Event sold through the Website.
h) You may not transfer your account to another party without our prior consent;
i) Organisers must communicate their refund and cancellation policy to End Users and as applicable issue refunds to End Users.
j) In the event of a dispute with an End User you are required to take all reasonable steps to resolve the matter directly. You agree to produce all documentary evidence that you have fulfilled your responsibilities to End Users if asked to do so by us. You agree to be bound by our decision if we adjudge that you have failed to carry out your obligations to any End User.
7 End User provisions
a) An order is deemed to be accepted by the Organiser when you receive an email confirmation from the Website.
b) Purchases of entry to Events must only be paid for through the Website’s payment facility Stripe.
c) All graphical representations and descriptions of Events listed by Organisers, as well as any applicable warranties, whether express or implied, shall be solely binding upon them.
d) Any rebates and cancellations shall be subject to the Organisers’ terms and conditions, which you must check and accept when placing an order via the Website. Any refunds must be directly arranged with the Organiser.
e) In the event of a dispute with an Organiser, you are required to take all reasonable steps to resolve the matter directly with the Organiser.
8 Payment provisions
b) All refunds are governed by the Organiser’s refund policy. End Users should check an Organiser’s refund and event cancellation policy before entering an Event via the Website. If applicable an End User must request any refund directly from an Organiser. All disputes regarding refunds are between the Organiser and Buyer. We are not responsible or liable in any way for refunds or mistakes in relation to refunds.
c) The collection of entry fees for Events via the Website will be processed by our third party payment processing company. End Users will be subject to a non-refundable booking fee payable to us which will be applied in addition to the cost of entry to an Event. Organisers will be subject to a payment processing fee and a fixed per transaction fee which will be charged to Organisers by the payment processing company
9 Intellectual Property
a) All Intellectual Property rights including, but not limited to, copyright, trademarks, images and descriptions appearing on the listings page belong either to us or the respective Organiser as applicable. You may not reproduce, copy, distribute or re-use such materials unless expressly authorised by the relevant rights owner.
b) If you believe that any listings infringe or are likely to infringe your or third parties’ intellectual property rights, you are encouraged to contact us by email at email@example.com quoting the listing and Organiser, along with a short description of the grounds on which the alleged infringement is based.
c) The Website uses third party applications including a postcode lookup service. This service contains public sector information licensed under the Open Government Licence v3.0; Ordnance Survey data © Crown copyright and database right 2015; Royal Mail data © Royal Mail copyright and database right 2015 and National Statistics data © Crown copyright and database right 2015.
10 Use of data
a) This Website is provided on an “as is” basis. We do not represent or warrant that it will be error-free, uninterrupted, free from third party attacks or otherwise available at all times to meet your requirements.
b) We make no representations or warranties of any kind, whether statutory, express or implied, that the information, content, materials or Events made available to you through the Website will be as represented by Organisers, fit for a particular purpose or use, available at the time of listing, compliant with applicable regulations, free from intellectual property infringement or that Organisers and End Users will perform as they have agreed.
c) Where a dispute arises out of End User’s and Organiser’s activity on the Website, each party expressly agrees to waive any subsidiary or recourse claims against us and our Partners and further agrees to hold us and our Partners harmless from any claims that may be in any way connected with such dispute.
12 Limitation of liability
To the fullest extent permissible under applicable law, we exclude liability for damages of any kind arising from the use of this Website including, without limitation, direct or indirect loss, punitive damages, loss of profits, loss of business, loss of data and any consequential loss. For the avoidance of doubt, we do not exclude our liability for death, personal injury or any liability that cannot be limited or excluded by law.
14 Circumstances outside our control
There may be events outside of our control that prevent or delay us or our Partners from carrying out their respective obligations. These types of events are sometimes referred to as “Force Majeure Events”. This means an event beyond a person’s reasonable control which is not attributable to that person’s fault or negligence, including acts of God, any form of government intervention, war, hostilities, terrorist activity, local or national emergency, strikes and other industrial action, fuel shortages, sabotage or riots, and floods, fires, severe weather, explosions or other catastrophes, and any other event beyond that person’s reasonable control. Neither we, our Partners shall be responsible for any failure to carry out any of our respective duties to the extent that the failure is caused by a Force Majeure Event, and we may suspend performance of any of our obligations for the period that the relevant Force Majeure circumstances continue.
16 Entire Agreement
17 No partnership or agency