Terms and Conditions

The following describes the terms on which Horses4Homes offers you access to our services. This User Agreement is effective on 6 May 2011 for current users and upon acceptance for new users.

Introduction

These terms and conditions apply to the services available from the domain and sub-domains of horses4homes.net. By using the services on the Horses4Homes website (and other related websites where this agreement appears) you are agreeing to the following terms, including those available by hyperlink, with Horses4Homes, and the general principles for the websites of our subsidiaries and international affiliates. Before you may become a member of Horses4Homes, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website. The User Agreement constitutes a legally binding agreement between you and Horses4Homes. Some Horses4Homes sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.

Using Horses4Homes

You may not use our sites and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your Horses4Homes membership has been suspended.

You may use Horses4Homes only for lawful purposes. You will not use Horses4Homes:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

While using Horses4Homes, you will not:

  • post, list or upload content or items in an inappropriate category or areas on our sites;
  • breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
  • breach our policies, including those linked to from the "Additional terms" section below;
  • fail to deliver payment of the Rehoming Donation,  unless the owner has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the owner's identity;
  • fail to deliver items purchased from you, unless the ownerfails to meet the posted terms, or you cannot authenticate the buyer's identity. All sellers are advised to retain proof of delivery;
  • manipulate the price of any item or interfere with other users' listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Horses4Homes;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content (including personal information);
  • post obscene, offensive, hateful of inflammatory content;
  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non-Horses4Homes sites or for using it for purposes unrelated to Horses4Homes);
  • transfer your Horses4Homes account (including feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Horses4Homes, or the interests or property of Horses4Homes users;
  • copy, modify, or distribute rights or content from our sites, services or tools or Horses4Homes' copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

If you are registering with Horses4Homes as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Horses4Homes, you must comply with all applicable laws relating to online trading.

We will commence supplying our services to you as soon as you accept this Agreement. Unless you and Horses4Homes agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.

We reserve the right to limit your activities on our sites (including, without limitation, restricting the number of items you may list on our sites), if we think that such restrictions will improve the security of the Horses4Homes community or reduce our or another Horses4Homes users' exposure to financial or other liabilities.

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue Horses4Homes sites. You agree not to hold Horses4Homes responsible for any loss you may incur as a result of Horses4Homes taking this action.

Abusing Horses4Homes

Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, our sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you off our sites if:

  • we think that you are creating problems (including, without limitation, by harassing Horses4Homes staff or other users or by making unreasonable legal threats against Horses4Homes), or exposing us or another Horses4Homes user to financial loss or legal liabilities;
  • we think that you are infringing the rights of third parties (including, without limitation, intellectual property rights of third parties);
  • we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies (including, without limitation, policies related to shill bidding, conducting off-Horses4Homes transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users);
  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.

Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties.

You agree not to hold Horses4Homes responsible for any loss you may incur as a result of Horses4Homes taking any of the actions described above.

Applicant's duties

Applicants are advised and requested to inspect each horse prior to agreeing to rehome the horse, subject to arrangement with the owner.

Horses4Homes cannot be held responsible for any incompatability between owner and applicant.

Owner's duties

The Owner is responsible for the accuracy of all the information concerning the description of the horse. No statement, certificate, forecast or expression of opinion in respect thereof is deemed to be in any circumstance a representation, undertaking or warranty by Horses4Homes.

Horses4Homes shall in no circumstances become liable to any person in respect thereof.

No spam

We do not tolerate spam (unsolicited commercial communications). Please set your Horses4Homes notification preferences so we communicate to you as you prefer. You may not add other Horses4Homes users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.

You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registered Horses4Homes email address belonging to a Horses4Homes member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.

To report spam from other Horses4Homes users, please contact Horses4Homes Customer Support

Using information about other Horses4Homes users

Our sites and services enable users to share personal information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information.  We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

  • Horses4Homes-transaction-related purposes that are not unsolicited commercial communications
  • using services offered through Horses4Homes; and
  • other purposes a user expressly agrees to.

You agree not to hold Horses4Homes responsible for any loss you may incur as a result of other Horses4Homes users not complying with this section.

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

For the convenience of Owners, we may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties (including Horses4Homes users) you may use catalogue content solely in connection with your Horses4Homes listings during the time your listings are on Horses4Homes.

While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all Horses4Homes policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).

Liability

You will not hold Horses4Homes responsible for any loss you may incur as a result of Horses4Homes taking any of the actions described in the Abusing Horses4Homes section above nor for other users' actions or inactions, including, without limitation, things they post or items they list.  At no point do we have possession of, or verify, guarantee or warrant the accuracy of, anything listed or rehomed through Horses4Homes.

While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, the ability of Owners to list horses, the ability of applicants to pay for items, or that an applicant or owner will actually complete a transaction or return an item.

Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

Horses4Homes cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.  It does however make every reasonable effort to ensure honesty where possible.

We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use our sites and services.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under Horses4Homes Fees) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) £100.

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Release and Indemnity

If you have a dispute with one or more users, you release and indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and interference

Much of the information on our sites is updated on a real-time basis and is proprietary or is licensed to Horses4Homes by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express hand-written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our sites without the prior expressed written permission of Horses4Homes and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of our sites or any activities conducted on or with our sites; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.

Listing Conditions

By listing an item on Horses4Homes' sites, you assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:

When you list an item on Horses4Homes' sites, your listing will be posted on Horses4Homes' sites and can be viewed in My Horses4Homes.

  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Horses4Homes cannot guarantee exact listing durations.
  • Where your listing appears in search and browse results may be based on certain factors including listing format, title, keywords

 

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Horses4Homes Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the Romania that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Horses4Homes Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Compensation

You agree that you will only use our sites and services in accordance with this Agreement.

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.

No agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served by registered mail to Horses4Homes at c/o Francis & Co, Ferstival House, Jessop Avenue, Cheltenham, UK. We shall send notices to you by email to the email address you provide to Horses4Homes during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Legal disputes

If a dispute arises between you and Horses4Homes, we strongly encourage you to first contact us directly to seek a resolution by going to the Horses4Homes Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Horses4Homes both agree to submit to the exclusive jurisdiction of the English Courts.

Rules for Applicants

Applicants will not:

  • Commit to rehoming a horse without paying the required donation to Horses4Homes
  • Purchase the horse from the owner.

Breaches of these policies may result in a range of actions including:

  • Listing cancellation;
  • Limits on account privileges;
  • Account suspension;
  • Forfeit of Horses4Homes fees on cancelled listings.

Rules for Buyers, Bidders and Sellers:

Horses4Homes members:

  • Must be at least 18 years old;
  • Cannot misrepresent their identities;
  • Must always provide valid and complete contact information, including a valid email address ;
  • Must follow Horses4Homes’ rules about displaying their contact information in a listing. Business sellers on Horses4Homes’ UK site are required by the Electronic Commerce (EC Directive) Regulations 2002 to display their contact details;
  • Cannot publish the contact information of other members in an online public area;
  • Must choose their user ID according to Horses4Homes’ policy.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out or amended so that it may be enforceable and the remaining provisions shall be enforced.

In our sole discretion, we may assign our rights and obligations under this Agreement in accordance with the Notices Section (but without your prior express consent), provided that we assign the Agreement on the same terms or terms that are no less advantageous to you.

Section headings are for reference purposes only and do not limit the scope or extent of such section.

References to the singular shall include the plural and vice versa.

All references to 'horses' or 'horse' shall include ponies and all other equine types.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by email, via 'My Messages' or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in writing hand signed by you and us. For the purposes of this provision, 'in writing' does not include an email message and 'hand signed' does not include an electronic signature.

The Agreement is the entire agreement between the parties and supersedes all prior understandings and representations of the parties.

The following Sections survive any termination of this Agreement: Fees (with respect to fees owed for our services), Release and Indemnity, Content, Liability, Compensation and Legal disputes.

If you have any questions about this User Agreement, please contact Horses4Homes Customer Support