Equine Business Association Terms and Conditions
Last updated 17 March 2019
The Equine Business Association is owned and operated by Your Gifthorse Ltd (Company Number 04318919) with a registered address Lytchett House, 13 Freeland Park, Wareham Rd, Lytchett Matravers, Poole, BH16 6FH
Jurisdiction and applicable law
1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site
When you join up to the Equine Business Association (EBA) on a paid membership level you will pay upfront for the first month or year in full.
Once the payment is complete you will be redirected to our “Getting Started” page, where we will show you how you can access everything instantly, along with all the important contact details and rules of the EBA. You will also receive an email from us with details of your order.
Term & Termination
1 You are deemed to have accepted this Agreement on the date you tick the box agreeing to this Agreement (“Commencement Date”), whether or not you have made a payment in whole or in part, and (unless terminated within the Cancellation Period in accordance with clause below) will continue for no less than 1 month from the Commencement Date for a monthly Gold membership or for no less than 12 months for an annual Gold membership (“Membership Term”).
2 Following the Membership Term, this Agreement will continue in full force unless and until terminated by you providing one month prior written notice to us at firstname.lastname@example.org.
3 We can terminate this Agreement, including access to the members website members.equinebusinessassociation.com (“Website”) immediately if you:
a. commit a material breach of your obligations under this Agreement; or
b. fail to make pay any amount due under the Contract on the due date for payment; or
c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
1 The fee for the Membership is as advertised on the Website at the Commencement Date (or as otherwise agreed between the parties).
2 Your membership fee will be automatically charged upon renewal through the payment method set out in your Membership Details.
3 If we do not receive a payment on any date on which it is due we may immediately suspend your Membership (including access to the Website, Masterclasses, Facebook Group or attendance at any Meet-ups) until payment is received.
4 Time for payment shall be of the essence.
5 Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 10% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
6 All payments due under this Agreement must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
7 Receipts for payment will be issued by us only at your request.
8 All payments must be made in British Pounds unless otherwise agreed in writing between us.
Refunds and cancellation
1. In the event that you have not downloaded any documents from the Website or accessed any of the training classes or courses, You may cancel Your Membership by writing to us at email@example.com no later than 7 days following the date of this Agreement (the “Cancellation Period”).
2. If you cancel within the Cancellation Period, we will refund you the total amount you have paid to us.
3. If you chose to cancel your Membership outside of the Cancellation Period, then no refund is available.
4. For the benefit of all of our clients, we reserve the right to request that you leave the Membership at any time. In such case we do not need to specify a reason.
5. Upon cancellation of the Agreement by us, you shall pay any outstanding amounts payable to us in accordance with this Agreement, including any payments due for the Membership up until the termination.
All members have the right to cancel at anytime without limitation. You may cancel Your Membership by writing to us at firstname.lastname@example.org
Once you have done that your account will be closed immediately and you will no longer be charged.
If you have any questions you can get in touch at email@example.com.
Changes to your payment details
Changes to your payment details must be made in the My Account section of the Website. We will not be responsible for any charges or penalties charged to you by third parties as a result of default of payment.
Intellectual property rights
You acknowledge and agree that:
1 all material relating to us, whether presented before, during or after your Membership commences are part of our “intellectual property rights”, which includes registered and unregistered rights in any copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, get-up, database rights, and all similar rights; and
2 you will not, at any time, do anything that would infringe our intellectual property rights, including recording, reusing, reselling or reproducing in whole or in part any information, documents or online content from the Website, except without our prior consent.
Confidential information and privacy
2 We may contact you (by mail, email, telephone, SMS or via the internet) in relation to the Membership or other events, products or services in which you may be interested. If you wish to opt-out of such communications, please write to us firstname.lastname@example.org. We will not give your personal data to any other third party without your prior written consent.
RULES AND RESTRICTIONS ON SUBMISSIONS
1 Users should exercise common sense and courtesy in submitting comments or materials for posting on the Facebook Group (“Submissions”). Inappropriate Submissions would include, for example, comments or materials that:
a make false or defamatory statements about others;
b are obscene, vulgar, abusive, hateful or threatening;
c harass or discriminate on the basis of race, religion, nationality, ethnicity, gender, sexual preference or other factors;
d are invasive of the privacy rights of others (e.g., by including addresses, phone numbers or other personal information about third persons without their consent.)
2 Submissions may not include content or materials that violate the copyrights, trademark rights or other intellectual property rights of third parties.
3 Submissions may not contain unauthorized disclosures of proprietary or confidential information.
4 Users may not use the Facebook Group in a manner or for a purpose that could violate federal or state antitrust laws. For example, the Facebook Group may not be used to communicate with competitors about prices, discounts, market shares, sales territories, or other terms or conditions of trade.
5 Users may not use the Facebook Group to promote or provide instructional information about illegal activities or for any purpose that may be illegal.
6 Users may not use or attempt to use the Facebook Group for commercial purposes. Submissions may not include advertisements for goods or services, unless on specific threads, solicitations, “spam”, chain letters, surveys, pyramid schemes or the like.
7 Submissions may not include false or misleading representations of affiliation with any other person or entity. A User may not employ false identifiers to impersonate any person or entity or to misrepresent or disguise the true origin of any content.
THE EBA’S RIGHT TO MONITOR AND ADMINISTER THE FACEBOOK GROUP
EBA reserves the right to monitor and administer the Facebook Group and, in their sole discretion, to remove any content posted to the Facebook Group. We also reserve the right to disallow the use of any particular screen name or e-mail address, or to terminate any User’s posting privileges at any time, including individual and group postings.
COMPLIANCE WITH FACEBOOK TERMS AND CONDITIONS
Users must comply with the terms identified in the Facebook User Agreement found at https://www.facebook.com/terms.php
OWNERSHIP OF THE FACEBOOK GROUP AND ITS CONTENTS AND ASSOCIATED TRADEMARKS
All postings originated by the EBA Members and published on the Facebook Group are protected by copyright and owned by the Equine Business Association. Except as permitted under UK Copyright laws, the Facebook Group and its contents may not be copied, reproduced, republished or sold, posted, transmitted, distributed, modified, or used for the creation of derivative works without the EBAs prior written consent.
The EBA does not claim ownership of or copyrights in User Submissions. User understands that Submissions are not confidential and the EBA will be free (without compensation to User) to use or disseminate such Submissions on an unrestricted basis for any purpose, so long as such use is within the terms of the Facebook User Agreement. User agrees that Submissions may be published, displayed, copied, distributed, downloaded, or transmitted by the EBA or other Facebook Group participants, and User grants the EBA an irrevocable, unrestricted, perpetual, worldwide, royalty-free license to use, copy, reproduce, display, publish, distribute, transmit, adapt, modify or use for the creation of derivative works (including in digital form) such Submissions, subject to any applicable restrictions in the Facebook User Agreement.
All Trademarks owned by the EBA and published on the Facebook Group are property of the Equine Business Association.