1. Application and effect of these Advertising Terms
These Advertising Terms, which supersede all other terms and conditions of
business of the Buyer (which shall be of no legal effect), shall apply to
the business arrangements between Horse Deals Limited (company number:
4097886) whose registered office is 21 Holborn Viaduct, London, EC1A 2DY and
the Buyer (as defined below) in respect of the placing of Advertisements (as defined
below) by the Buyer in the Magazine or on the Web Site.
2. Interpretations
In these Advertising Terms, the following words shall have the following
meanings:
"Acceptance" means acceptance by the Buyer of these Advertising Terms by
placing an order with Horse Deals using the Order Confirmation or, if using
the Posting Service, by clicking the "I Accept" button;
"Advertisement" means any kind of promotional material that is printed or to
be printed as part of one or more issues of the Magazine or any such
material that is published by electronic means via the Web Site;
"Advertiser" means the person who promotes products or services whether such
person is the Buyer or not;
"Buyer" means the person placing the order with Horse Deals for the
insertion of the Advertisement in the Magazine or on the Web Site;
"Business Days" means 9am to 5pm on any day Monday to Friday inclusive other
than Christmas Day, Good Friday and bank and other public holidays;
"Copy Deadline" means the latest date by which the Buyer is obliged to give
Horse Deals full instructions and copy for carrying out the Buyer's order to
place an Advertisement in a particular issue of the Magazine, which shall be
the date published in the Magazine and on the Web Site from time to time in
relation to each issue of the Magazine;
"Intellectual Property Rights" means all vested contingent and future rights
of copyright including rights in software programs, code and supporting
documentation, rights in databases, patents, inventions, trade marks
(whether registered or unregistered), domain names, registered and
unregistered design rights, all rights to bring an action for passing off,
all rights in know how, trade secrets, techniques, processes, confidential
information and any other legal rights protecting the confidentiality of any
information or materials, all rights to apply for protection and to claim
priority in respect of any of the above rights, and all other intellectual
property rights in any jurisdiction, in any language and whether now known
or in the future created pursuant to any of the laws in force in each and
every part of the world;
"Magazine" means the magazine "Horse Deals" which is published monthly by
Horse Deals;
"Order Confirmation" means Horse Deals' official order form, which for the
avoidance of doubt has these Advertising Terms attached and appears in the
Magazine and on the Web Site;
"Posting Service" means the online advertising posting service on the Web
Site which enables the Buyer to submit Advertisements to the Web Site
electronically;
"Rate Card" means the rate card from time to time in force which is used by
Horse Deals and which may include (amongst other things) Horse Deals' scale
of advertisement rates and also technical specifications relating to the
standard and quality of reproduction of the Advertisement including its
setting style and wording;
"Web Site" means the Internet web site located at www.horsedeals.co.uk;
3. Agreement
3.1 Following Acceptance by the Buyer and upon receipt of payment in cleared
funds pursuant to Clause 4, Horse Deals agrees to publish Advertisements in
the Magazine and on the Web Site on behalf of the Buyer subject to the terms
of this Agreement.
3.2 If using the Posting Service, the Advertisement will be posted
automatically and published without the assistance of any Horse Deals
personnel. Publication of the Advertisement will usually take place on the
same day if Acceptance occurs on a Business Day.
3.3 Horse Deals does not guarantee that any Advertisement will lead to a
successful advertising campaign for the Advertiser and for the avoidance of
doubt, Horse Deals shall not be a party to, or liable in respect of, any
contract which is entered into between the Advertiser and any third party.
4. Payment
4.1 Unless Horse Deals agrees otherwise in writing, the price of any
Advertisement (including any Advertisement being published as part of a
series) will be the price according to the Rate Card prevailing at the date
of Acceptance.
4.2 Where the Order Confirmation is used to place an Advertisement, payment
must be made to Horse Deals by cheque (made payable to Horse Deals Limited),
credit card, debit card, or money order. Where the Posting Service is used
to place an Advertisement, payment must be made to Horse Deals via the
Barclays ePDQ payment facility on the Web Site by credit card or other
payment card.
4.3 Payment will be deemed to have been made by the Buyer to Horse Deals at
the time Horse Deals is in receipt of cleared funds in Horse Deals' bank
account and the Buyer warrants that it is entitled to use any credit or
other payment card used to remit payment to Horse Deals.
4.4 All rates and charges payable under this contract are subject to and
exclusive of Value Added Tax payable at the rate applicable from time to
time.
4.5 Unless otherwise set out in these Advertising Terms, the Buyer will not
be entitled to any refund, credit, lien or set-off of any kind from the time
the relevant fee is paid to Horse Deals.
5. Amendment and Cancellations
5.1 Horse Deals shall be entitled to amend or require the Buyer (at the
Buyer's expense) to amend any artwork, materials and/or copy for an
Advertisement, or refuse (without notice) to publish, or remove from the Web
Site (without notice) any Advertisement for any reason including, without
limitation:
(a) the content of such Advertisement is not consistent with Horse Deals'
reasonable advertising standards from time to time in effect;
(b) such Advertisement does or is likely to breach any applicable law or
regulation;
(c) the Advertiser has breached or threatened to breach the terms of these
Advertising Terms; or
(d) the content of any Advertising Content is obscene, blasphemous,
defamatory, or infringes the Intellectual Property Rights of any third
party.
5.2 Horse Deals will refund any fees pre-paid by the Buyer that relate to
the relevant Advertisement deleted or refused pursuant to Clause 4.1 from
the date of deletion or refusal.
5.3 Horse Deals may move, change the position of, or reduce or increase the
size of any Advertisement at any time if necessary or desirable for
organisational or presentational reasons.
5.4 Horse Deals will give the Buyer reasonable notice prior to any action
taken by Horse Deals pursuant to Clause 4. However, if such action is
immediate, Horse Deals will give the Buyer notice as soon as reasonably
practicable thereafter.
5.5 Horse Deals cannot be held responsible for alterations or corrections to
proofs if submitted for inclusion in the Magazine after the Copy Deadline or
not confirmed by the Buyer in writing.
5.6 The Buyer may cancel an Advertisement due to appear in the Magazine if
it gives Horse Deals notice in writing at least 40 Business Days prior to
the Copy Deadline and Horse Deals will return any money paid by the Buyer if
notice of cancellation is properly given and in the case of an order for a
series of Advertisements, the Buyer will not be liable for the difference
between the rate agreed for the entire series specified in the Order
Confirmation and the standard rate for the number of Advertisements which
has appeared when the cancellation occurs.
5.7 If a Buyer cancels the balance of an order 40 Business Days or less
prior to the Copy Deadline, he relinquishes any right to the series discount
to which he was previously entitled and must pay for Advertisements at the
appropriate rate set out in the Rate Card for the number of Advertisements
which have appeared prior to the cancellation taking effect.
6. Buyer's Warranties and Responsibilities
6.1 The Buyer undertakes, represents and warrants to Horse Deals that:
(a) it is contracting with Horse Deals as principal notwithstanding that the
Buyer may be acting directly or indirectly for the Advertiser in any
representative capacity;
(b) in the case of the Buyer changing name, trading style, identity or any
other details disclosed in its application for an account with Horse Deals
(if any), the Buyer will give written notice to Horse Deals within 5
Business Days thereof and complete a further account application form with
those new details;
(c) in the case of Advertisements to appear in the Magazine, all colour and
mono copy will be delivered to the Publisher prior to relevant the Copy
Deadline;
(d) the publication of the Advertisement by Horse Deals in accordance with
the Order Confirmation or the Posting Service originally submitted by the
Buyer (or as amended pursuant to Clause 4) will not breach any contract with
a third party or infringe any Intellectual Property Rights of any third
party or render Horse Deals liable to any proceedings, claims, demands,
costs or expenses (including legal costs) or any other loss or liability
whatsoever. In particular, the Buyer warrants that it has consent from the
photographer of any photograph which forms part of an Advertisement to use
such photograph in the Advertisement;
(e) in the case of any Advertisement submitted for publication by the Buyer
which contains the name or pictorial representation, whether photographic or
otherwise, of any living person or any part of the anatomy of any living
person and any material by which any living person may be identified, the
Buyer or Advertiser has obtained the authority of that living person to make
use of his name, identity, representation and/or copy;
(f) the Advertisement is legal, decent, honest and truthful, does not
contravene any law nor is it in any way illegal, defamatory or obscene and
it complies with the requirements of all relevant legislation including any
related subordinate legislation, the rules of statutorily recognised
regulatory force including without limitation the British Code of
Advertising Practice and all other relevant codes under the general
supervision of the Advertising Standards Authority or any other relevant
body; and
(g) the Buyer has retained sufficient quantity and quality of any artwork,
film or other materials and copy relating to the Advertisement to ensure it
may replace the Advertisement if loss of any of these items should occur.
7. Publication of Advertisements
7.1 With regard to the actual or intended insertion of an Advertisement in
any published edition of the Magazine or the Web Site, Horse Deals shall not
be responsible to the Buyer for any losses, claims, costs, damages, expenses
or liabilities whatsoever (including indirect, special and consequential
losses and loss of profit, revenues, contracts, business and loss or
corruption of data) resulting from:
(a) any failure to check the correctness of the Advertisement in the form it
is received from the Buyer;
(b) any error in the Advertisement in the form it is received from the Buyer
or repetition of any error in an Advertisement ordered for more than one
insertion;
(c) the wording or quality of colour or mono reproduction of the
Advertisement or the actual positioning of the Advertisement;
(d) the distribution of (or any failure to distribute) the Magazine in a
specific geographical area;
(e) any order given by the Buyer in the nature of a stop order or
cancellation or transfer of the Advertisement unless it is given to Horse
Deals in writing at least 40 Business Days before the Copy Deadline;
(f) any delay or failure by Horse Deals to issue the Magazine on the due
date, or Horse Deals' decision to suspend the Magazine or the Web Site or
cease publication of the Magazine or operation of the Web Site altogether;
(g) any breach of contract because of Horse Deals' failure to perform any of
its obligations under this contract if such failure is caused by anything
beyond Horse Deals' reasonable control including terrorism, strikes,
lock-outs or other industrial actions or trade disputes, whether involving
Horse Deals' employees or those of any third party;
(h) the loss of copy, artwork, photographs or other material which are held
at the Buyer's risk and which should be insured by it against loss or damage
from any cause;
(i) any other matter of complaint, claim or query unless raised with Horse
Deals in writing within 5 Business Days following the insertion of the
Advertisement or the date on which it is claimed the Advertisement was
intended to appear.
7.2 Horse Deals makes no representation or warranty that the whole or part
of the Web Site will be accessible at all times or error free.
7.3 Horse Deals reserves the right without notice to the Buyer, to suspend
temporarily or alter the operation of the Web Site, for legal or technical
reasons.
7.4 Horse Deals will have sole control over the "look and feel" of the
Magazine and the Web Site, and the display, appearance and placement of the
parties' respective names and/or brands.
7.5 Any matter of complaint arising out of the publication of any
Advertisement must be notified to Horse Deals in writing by the Buyer within
48 (forty eight) hours of receipt of such complaint
8. Horse Deals' Rights and Responsibilities
8.1 Horse Deals reserves the right at its discretion and without notice to
the Buyer:
(a) to charge the Buyer for any extra production and colour processing costs
because of any omission by the Buyer to supply artwork, film, copy or other
materials of sufficient quality or for any work arising due to the
submission of material after the Copy Deadline;
(b) to return or destroy all artwork, film, copy or other materials which
have been in its possession for more than 6 months from the date of their
last use by Horse Deals at the Buyer's cost unless written instructions have
been received from the Buyer to the contrary;
(c) to change its scale of advertisement rates and any matters shown on its
Rate Card at any time;
(d) to alter, cancel or postpone the publication date;
(e) to reject or suspend the Advertisement if at the time the Advertisement
is ordered the Buyer does not disclose the name of the Advertiser or its
client and/or the products and/or services which are the subject of the
Advertisement;
8.2 All Intellectual Property Rights in any and all material originated by
Horse Deals is owned by Horse Deals.
8.3 Horse Deals shall be entitled to withdraw, or adjust at its discretion,
any discount given to the Buyer for the publication or intended publication
of a series of Advertisements if the series is not completed because of any
stop order or cancellation by the Buyer.
9. Termination
9.1 If the Buyer is in breach of any obligation under this contract, then
Horse Deals shall be entitled to terminate this contract immediately
(without prejudice to any remedy available to Horse Deals for any breach)
and in any such event the outstanding sums owed by the Buyer to Horse Deals
shall become due and payable immediately.
9.2 Horse Deals shall be entitled (without prejudice to any other remedy
available) to treat this contract as repudiated if the Buyer:
(a) being an individual dies or makes any voluntary arrangement with his
creditors or his estate becomes subject to an administration order or he
becomes bankrupt;
(b) being a company has a receiver appointed to manage its assets or it
enters into liquidation (other than for the purpose of amalgamation or
reconstruction);
(c) allows an encumbrancer to take possession of any of its property or
assets; or
(d) ceases or threatens to cease to carry on business.
10. Indemnity
The Buyer shall indemnify and keep indemnified Horse Deals against all
proceedings claims, demands, damages, costs (including legal costs),
expenses or any other loss whatsoever arising directly or indirectly whether
or not reasonably or otherwise foreseeable or avoidable from the publication
of the Advertisement or any breach of the Buyer's obligations and/or which
results in Horse Deals being unable to fill an advertisement space under
these Advertising Terms or implied by law.
11. Personal data
If submitting any Advertisement to the Web Site via the Posting Service, the
Buyer must read, understand and accept Horse Deals' Privacy Policy which is
published on the Web Site as it forms part of these Advertising Terms.
12. General
12.1 Subject to any fraudulent statements or misrepresentations (and, in the
case of Buyers submitting Advertisements via the Posting Service, together
with the User Terms published on the Web Site and Privacy Policy), these
Advertising Terms form the entire agreement between Horse Deals and the
Buyer and will supersede any other oral or written communications,
agreements, promises or representations with respect to the subject matter
of these Advertising Terms. No variation or amendment to these Advertising
Terms will be valid unless it is in writing, refers specifically to these
Advertising Terms and is signed by the Buyer and Horse Deals. These
Advertising Terms do not affect any consumer rights that the Buyer may have
under the provisions of any applicable law or regulation.
12.2 These Advertising Terms are not an exclusive arrangement with the Buyer
and the Buyer is free to enter into any contract with any other entity
providing advertising services. The Advertiser acknowledges and agrees that
these Advertising Terms will not constitute, create or give effect to a
joint venture, pooling arrangement, principal/agency relationship,
partnership or formal business organisation of any kind and the Buyer will
not have the right to bind Horse Deals without Horse Deals' express prior
written consent.
12.3 If any part of these Advertising Terms is held by a court of competent
jurisdiction to be unenforceable, the validity of the remainder of these
Advertising Terms will not be affected. No delay, neglect or forbearance on
the part of either party in enforcing against the other party any term or
condition of these Advertising Terms will either be or be deemed to be a
waiver or in any way prejudice any right of that party under these
Advertising Terms.
12.4 If either party is unable to perform any of its obligations under these
Advertising Terms because of a Force Majeure Event, such non-performing
Party will not have liability to the other party for such failure to
perform. "Force Majeure Event" means any: fire, flood, earthquake or act of
God; explosion, war, civil disorder, industrial disputes (but not including
disputes involving the non-performing party's own employees), or revolution;
or other similar cause or event beyond the reasonable control of the
non-performing party.
12.5 These Advertising Terms may not be assigned, novated, sub-licensed or
otherwise transferred by the Buyer in whole or in part without the prior
written consent of Horse Deals. Horse Deals may assign, novate, sub-licence
or otherwise transfer these Advertising Terms in whole or in part to any
third party as part of a change in ownership of Horse Deals or a bona fide
reconstruction, merger or takeover of Horse Deals, without the Buyer's
consent.
12.6 A person who is not a party to these Advertising Terms has no right
under the Contracts (Rights of Third Parties) Act 1999 to enforce any term
of these Advertising Terms.
12.7 These Advertising Terms are governed by the laws of England, and
subject to the non-exclusive jurisdiction of the Courts of England.
General Terms of use
Horsedeals.co.uk
Terms & Conditions of Use
This is http://www.horsedeals.co.uk, (the "Website") a website operated by Bauer Consumer Media Ltd, a company that is registered in England and Wales (company number 01176085) and with a registered address at 1 Lincoln Court. Lincoln Road. Peterborough, PE1 2RF (VAT Registration Number is 918 5617 01). For the purposes of these Terms & Conditions, "Bauer", "us" and "we" shall be used to refer to Bauer Consumer Media Ltd and its group of companies.
Your use of the Website is subject to the following Terms & Conditions of Use and our Privacy and Cookie Policy (collectively called the "Terms"), which you are deemed to accept by using the Website.
The Terms form a legally binding agreement between you and Bauer in relation to your use of the Website and apply to all users of the Website. It is important that you take the time to read them carefully.
Additional Terms
Additional terms will apply to any booking that you make through the Website and to our use of your registration and other personal data http://www.horsedeals.co.uk.
Copyright
The copyright and all other rights in the material on the Website are owned by us or are included with the permission of the owner of the rights. As a visitor to the Website, you may download a single copy of the material on the Website on a single computer for your own private viewing/listening purposes only. Single copies of pages from the Website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No downloading, copying, reproducing, transmission or distribution of material on the Website for any commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of the Website is permitted without our prior written consent except as may be reasonably necessary to use the Website in accordance with these Terms. Subject to this paragraph, all rights in material on the Website are reserved to Bauer.
Trade marks The trade marks displayed on the Website are the property of Bauer, including, but not limited to the words and logos:
1. Bauer
2. Bauer Consumer Media
3. Bauer Active
4. No use of these trade marks is to be made by you except for the purpose of referring to Bauer or its associated brands lawfully and in good faith only.
Prohibited use
You agree not to use the Website:
• to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website except where expressly permitted on the Website;
• to transmit or re-circulate any material obtained from the Website to any third party except where expressly permitted on the Website;
• in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Terms;
• to disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• in any way that might infringe third party rights or that might bring Bauer or any of its subsidiaries into disrepute.
If you use this Website in breach of these Terms, your right to use this Website and the materials on it will immediately cease and you must, at Bauer's option, return or destroy any copies of the materials you have made.
User-submitted content
If you send to us or upload to the Website any text, images, audio or other content or materials, including as part of forum discussions or reviews ("Content"), you agree that any Content sent or uploaded, is non-confidential and non-proprietary and complies with the Rules of Acceptable Use, and we have the non-exclusive right to use, copy, distribute, translate, edit, amend and disclose to third parties any such Content for any purpose in any media worldwide. We also have the right to identify you as the author of the Content you send us or upload or post to the Website, but you agree we are not obliged to identify you. We also have the right to disclose your identity to any third party who is claiming that any Content sent to us or uploaded to the Website by you constitutes a violation of their rights, including any intellectual property rights or rights of privacy.
User Content Pages - Rules of Acceptable Use
Any discussion forums or pages of the Website where you are capable of posting material are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. Your use of these forums and the Website generally is subject to the following Rules of Acceptable Use which, by your use of the forums and the Website, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):
* You may not use obscene or offensive language or post obscene or offensive Content..
* You may not send us or post or upload to the Website any Content which is defamatory, abusive, discriminatory, blasphemous, untruthful or hateful or which promotes, encourages or incites abuse, discrimination or hatred.
* You may not send us or post or upload to the Website any Content which features or otherwise promotes sexual content, drugs, alcohol, tobacco, illegal activities or other unlawful behaviour;
* You may not send us or post or upload to the Website any Content which has been disclosed to you in confidence or which, by its nature, is confidential.
* You may not send us or post or upload to the Website any Content which compromises the privacy or security of anyone other than you (including contact details, last names, telephone numbers, street addresses or other identifying information of private individuals or public figures).
* You may not send us or post or upload to the Website any Content which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise in breach of any UK laws or laws in the country from which you are sending or uploading the Content or is likely to cause Bauer to breach such laws.
* You may not send us or post or upload to the Website any Content which belongs to any person other than yourself unless you have the prior written consent of the owner of it;
* You may not send us or post or upload to the Website any Content which is likely to infringe any copyright, right of privacy, right of publicity, moral right or any other right whatsoever of any third party;
* You may not send us or post or upload to the Website any Content where the use by Bauer, or any third party licensed or permitted by Bauer, will give rise to any third party claims.
* You may not send us or post or upload to the Website any links which take users to unlawful material or material that contravenes these Rules of Acceptable Use.
* You may not send us or post or upload to the Website advertisements nor make commercial solicitations nor use the Website for any commercial purposes (which would include using the Website to promote or encourage the sale of any goods or services of any third party other than Bauer).
* You may not use the Website to solicit information from anyone under the age of 18.
* You may not send us or post or upload to the Website any Content that authorises, enables or encourages the dissemination of junk mail or chain letters.
* You may not post or upload to the Website any Content which is derogatory or damaging to the goodwill and/or reputation of Bauer.
* You must not collect or harvest any personal data of any user of the Website.
* You must not circumvent, disable or otherwise interfere with any security related features of the Website.
Whilst we do not always pre-screen submissions placed on our online forums, we do have the right (but we are not obliged) at our sole discretion to review, edit, move or delete any Content submitted to our online forums.
Bauer accepts no responsibility for any statements, material or other submissions placed on our online forums or elsewhere on the Website by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
You warrant that any Content you send us or upload or post to this Website complies with these Rules of Acceptable Use set out above, and you hereby indemnify keep indemnified on demand Bauer, its associated companies and its representatives and employees from and against any and all claims and liabilities (including legal fees) which arise from your statements, contributions or other submissions to our online forums, from any unauthorised use of material obtained from our Website or otherwise from your breach of our Rules of Acceptable Use.
Removal of content
Bauer has the right (in its sole discretion) to refuse or remove any Content that is uploaded or posted to, or made available on, this Website without the need to give any reasons for doing so and/or terminate a user's access, at any time, without prior notice.
Information and availability
Whilst we take every care to ensure that the information on the Website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. Bauer aims to update this Website regularly and may change the materials made available on it at any time. Bauer is under no obligation to update the material on this Website which may be out of date at any given time. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability. If the need arises, access to this Website may be suspended or terminated indefinitely.
No reliance
The information on the Website does not necessarily reflect the views and opinions of Bauer or any of its brands. Neither should any suggestions or advice contained on the Website be relied upon in place of professional advice. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on the Website before entering into any commitment based upon them.
Content objections
If you object to the publication of any Content made available on our Website please let us know by calling +44 (0)1733 468000 or by sending an email to admin@horsedeals.co.uk and we will take whatever action we deem appropriate. You understand and acknowledge that in using the Website you may be exposed to material that is factually inaccurate, offensive or indecent, or otherwise objectionable to you. You hereby waive, any legal or equitable rights or remedies you have or may have against Bauer with respect to any such material.
Linking to our Website
We welcome 'hot links' to the Home Page of our Website, but not 'deep linking' by which we mean that you may not link to any page of our Website that is not the Home Page. Neither may you display or embed the contents of our Website (or any page from it) or allow it to be displayed or embedded surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please contact us syndication@bauermedia.co.uk
Links to other websites
On the Website you may be offered automatic links to other websites. Whilst we hope you will be interested in those websites, you acknowledge that the content on those pages is not subject to our control, their owners may be independent from us and we do not endorse or accept any responsibility for their content, privacy policies or practices. Bauer is not liable for any loss or damage which may be incurred by you as a result of the content of those other websites, or as a result of any reliance placed by you on the completeness, accuracy or existence of any materials on, or available, from such websites.
Computer viruses
We will use reasonable endeavours to ensure that the Website does not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the Website and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code, originating or contracted from this Website or any websites linked to it.
You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will cease immediately.
Registration
On certain parts of the Website we may require you to register and provide certain information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data").
Our use of Registration Data and certain other information about you is subject to our www.horsedeals.co.uk/about-horse-deals/privacy-policy.aspx
Your username and password
The registration processes on the Website will involve you being allocated with a unique username and/or password that gives you access to your website account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your website account. You agree to (a) immediately notify us if you become aware of any unauthorised use of your password or website account or any other breach of security by sending an appropriately worded email to admin@horsedeals.co.uk; (b) ensure that you exit from your website account at the end of each session; and (c) be solely responsible (to Bauer, and to others) for all activity that occurs on the Website through your website account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Severability In the event that any term of these Terms are held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.
Variation of these Terms Bauer reserves the right to vary these Terms from time to time. Such variations become effective immediately upon the posting of the varied Terms on the Website. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. By continuing to use the website you will be deemed to accept such variations. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on this Website.
Jurisdiction These Terms and any dispute or claim arising from, or related to, a visit to this Website shall be governed by and construed in accordance with the laws of England. The English courts shall have exclusive jurisdiction over any such dispute or claim, although Bauer retains the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
COMPETITION GENERAL TERMS AND CONDITIONS
1. THESE TERMS AND CONDITIONS
1.1 These terms and conditions (which we will refer to as our "General Terms") are the overarching general terms and conditions that apply to all the competitions promoted by www.horsedeals.co.uk/ Horse Deals Magazine controlled by Bauer Consumer Media Limited. We refer to all these competitions as the "Competitions" in these General Terms.
1.2 Competitions may also have their own specific terms and conditions (such as the details of how to enter, what the opening/closing dates are and what sort of prize you may win). Any such Competition-specific terms and conditions will be made available by means of the relevant media as part of the website or in-print promotion of the particular Competition. In these General Terms, we will refer to these Competition-specific terms and conditions as the "Specific Terms".
1.3 You should therefore read these General Terms in combination with any applicable Specific Terms. Where any such Specific Terms conflict with these General Terms, the Specific Terms will take precedence.
1.4 We may change these General Terms at any time. You should check our website or magazine regularly for any changes which will apply from the date that they are uploaded.
1.5 By entering any Competition you agree that you will be legally bound by these General Terms and also any applicable Specific Terms.
2. IDENTITY OF THE PROMOTER OF THE COMPETITION
2.1 The "promoter" of a Competition is the person who is legally responsible for operating it. Unless any Specific Terms tell you otherwise, the promoter of the Competitions will be Bauer Consumer Media Limited ("the Promoter").
2.2 Bauer Consumer Media Limited is a company registered in England and Wales. You can write to us using the following address if you have any concern in relation to any of our Competitions, setting out clearly the name of the Competition and your issue:
(a) in the first instance, by www.horsedeals.co.uk/ Horse Deals Magazine.
(b) if you are not satisfied with the response, please write to Bauer Consumer Media, Assets Department, Media House, Lynch Wood, Peterborough, PE2 6EA providing details of your response from Horse Deals.
3. ELIGIBILITY RULES FOR OUR COMPETITIONS
3.1 Unless we impose a particular age limit in relation to any of our Competitions, they are open to all persons resident in the UK at the date of their entry. We reserve the right to require that the parent or guardian of any person aged 18 or less confirms in writing that they agree to be bound by these terms and conditions and will accept any prize on behalf of an under-18 prizewinner.
3.2 Certain Competitions may have additional eligibility requirements, such as valid passports, visas, driving licences, good physical health and so on. Any such additional eligibility requirements will be publicised to entrants in the relevant Competition.
3.3 Where Competitions are open to children (aged 15 or younger) and/or young persons (aged 16 or 17), the age requirements will be publicised to entrants in the relevant Competition.
3.4 It will be our sole decision as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes.
3.5 Employees of the Promoter and their immediate families may not enter any Competition: neither may the employees of any third party sponsors, prize providers or their immediate families.
4. ENTRY AND ENTRY METHODS
4.1 Premium rates: Competition entry may be by premium rate landline or mobile texts or calls. Your network provider may also charge varying amounts for these types of call and so the cost of your call may be more than as stated by us. In all cases you should check with your network provider. You should note that invalid or unsuccessful entries made via these methods may still be charged. In all cases, you should have the bill payer's permission to enter using a premium rate method. Where entry is by telephone, entries that are submitted before lines open or after lines close will not be entered in the Competition but we cannot guarantee that entrants will not be charged for the call or text made.
4.2 SMS: Where a Competition asks you to enter using SMS, you will need an SMS compatible mobile phone with an account with a service provider that permits text messages to our premium rate number. SMS entries are deemed to be received on arrival, not when they are sent from your handset. SMS entries must be addressed to the correct number or shortcode and must include the correct keywords or other answer format as required by the specific Competition. Entries which fail to do so will be void.
4.3 PhonePayPlus: We will always comply with the PhonePayPlus code of conduct in relation to premium rate competitions. PhonePayPlus is the UK regulator of premium rate services and you can access their details here: http://www.phonepayplus.org.uk/output/default.aspx
4.4 Deficient entries: In all Competitions, we reserve the right to reject any entries that are inaudible, incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful to the goodwill and reputation of our station that is running the Competition in question. We accept no responsibility for any late, lost or misdirected entries including but not limited to texts, calls or emails not received due to technical disruptions, network congestion or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry.
4.5 Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition repeatedly is prohibited.
4.6 Names: Entrants must enter Competitions using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
4.7 Multiple Entries. Unless otherwise permitted pursuant to any Specific Terms, no person may enter any Competition more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
4.8 Prize Limits. No person or persons at the same residential address may win more than one prize valued at £500 or more via any of our Competitions in any six (6) month period.
4.9 Retrospective Effect. Where an entrant or prizewinner has been found to be in breach of any of the terms and conditions of a Competition and in particular where a person is in breach of the entry restrictions set out in rules 4.5 to 4.8 above, we may nevertheless still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prizewinner in question.
5 PRIZES
5.1 We reserve in all cases the right to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prize winners must accept prizes in the form offered. Where a prize is won by a person younger than 18, we reserve the right to award the prize to the prizewinner's parent or guardian on behalf of the prizewinner.
5.2 All prize winners will be notified that they have won a prize within twenty eight (28) days of the closing date of the Competition via at least one of the following methods:
(a) by telephone;
(b) by email;
(c) in writing.
5.3 Prizes will be despatched to the winners via the UK mail service, unless otherwise stated. We will not be liable for any prizes which are lost, delayed, or damaged in the post for reasons beyond our control.
5.4 Prizes will only be delivered to an address within the UK. Should a prize winner's contact details change, it is their responsibility to notify us or the contact persons for the relevant Competition.
5.5 We reserve the right to request proof of a prize winner's identity in the form of a passport or driver’s licence and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with proof of identity reasonably acceptable to us, we may withdraw the prize and select another prize winner.
5.6 All prizes are subject to availability, non transferable and non exchangeable. Where prizes consist of entry tickets, attendance at events, holidays and similar time-specific benefits, they must be taken on the dates specified by us. If a prize winner does not take any element of a prize at the time stipulated by us (or any relevant third party prize provider) then that element of the prize will be forfeited by the winner. No cash will be awarded in lieu of that prize or part of it.
5.7 Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
5.8 We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purposes, merchantability or otherwise. We reserve the right to disqualify entrants from entering our Competitions or prizewinners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
5.9 All stated prize values are at the supplier's recommended retail price in pounds sterling and are correct at the time of printing. We take no responsibility for any fluctuations in prize values. We award cash prizes in the form of a cheque in the name of the prizewinner. Any other arrangement will be at our discretion.
5.10 No additional, further or other costs or expenses are included in any prize unless stated. For example, the costs of transport to and from a venue or an event are not included and any accommodation prize includes basic room charge only.
5.11 Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions and all prize winners agree to be bound by these. Subject to paragraph 19.2, Bauer shall have no liability in relation to any prize provided by a third party provider.
6. HOLIDAY PRIZES
6.1 Because of their complexity, we have certain special terms that apply to holiday prizes. These are set out in this paragraph 6 below. Where holiday prizes include a place for a travelling companion (i.e. a holiday for the prize winner plus guest) then these terms also apply to those persons.
6.2 Unless otherwise stated, insurance is not provided as part of any holiday prize. It will be each prize winner’s and (if applicable) their travelling companion's responsibility to take out at their own cost all relevant insurance (including but not limited to health and travel insurance, insurance for theft, loss and damage to property) which may be required or prudent to be taken. All insurance, spending money and other expenses, unless otherwise stated, are costs for the prize winner and are not provided as part of any holiday prize. Unless stated otherwise, holiday prizes consist of flights and accommodation only.
6.3 Unless otherwise stated, holiday prizes do not include airport departure or government taxes. These must be paid by the prize winner and any travelling companion.
6.4 The prize winner and any travelling companions must have and maintain valid passports endorsed with all relevant visas and with expiry dates no less than six (6) months following the proposed dates of travel or such other duration as may be required by any relevant regulation. These passports, and their holders, must not be subject to any restrictions on their rights to travel to and from the applicable country or countries. Passport control and in-country authorities may reserve the right to refuse entry to prize winners and/or their travelling companions. We shall not be responsible for ensuring your ability to travel to your holiday destination nor for any additional costs incurred should you be refused entry.
6.5 Unless otherwise stated, all holiday prizes must be taken within six (6) months of the closing date of the relevant Competition or the prize will lapse. Holiday prizes are also usually subject to terms and conditions required by the provider which will apply to the prizewinner.
6.6 It is the responsibility of the prize winner and any travelling companions (if applicable) to check any travel advisories issued by the Government and determine whether they wish to accept the risk of travelling to the holiday destination. We will not be responsible for any loss or damage suffered by any prize winner and their travelling companions (if applicable) arising out of their failure to follow any travel advisories issued by the Government.
6.7 The prize winner and their travelling companions (if applicable) must comply with and are responsible for obtaining any inoculation and health regulations required by any holiday prize destination country.
6.8 We will not be liable or responsible for any loss or damage suffered by any prize winner or their travelling companion (if applicable) should any prize winner or their travelling companion (if applicable) not redeem a holiday prize as a result of any Government travel warning or advisory applicable to the destination country and/or countries or for any other failure on their part to travel. In particular, we shall have no obligation to substitute any alternative prize, cash equivalent or other compensation where a prize winner and/or their travelling companion (if applicable) fail to redeem a holiday prize for any reason.
6.9 Prize winners and their travelling companions must comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any holiday prize, including any insurance policy relating to the holiday. In particular, entrants must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
6.10 Where the United States of America is a holiday prize destination, the prize winner and any travelling companion will be required to apply for an Electronic System for Travel Authorisation (ESTA). Applications must be submitted no later than three (3) days prior to the departure date. Should this form not be lodged by both the winner and within this time, they will be ineligible to enter the United States of America and will therefore forfeit their holiday prize.
7. EVENTS PRIZES
7.1 Where the prize for any of our Competitions involve the winner's attendance at (or tickets to) an event, the prize winner acknowledges that we are not liable or responsible if any part of the event is cancelled, varied or rescheduled for any reason. If this means that the winner (and/or any accompanying guests) cannot attend the relevant event, we shall be under no obligation to provide any cash or alternative tickets.
7.2 Entrants proposing to redeem prizes involving, or participating in any Competition where it involves, travel, stunts or physical challenges should notify us of any medical condition and we may at our absolute discretion require as a condition of entering the Competition or receiving the prize to:
(a) submit to a medical examination by a medical practitioner approved by us and obtain medical clearance to participate in the Competition and/or redeem the prize; and/or
(b) execute a legal document to exonerate us from liability in a form prescribed by us in order to participate further in the Competition and/or redeem the prize.
7.3 Where prizes comprise or include "meet and greet" elements with celebrities, the prize may be subject to the availability of the celebrity in question and we will have no liability for any inability or failure of any prizewinner to attend any "meet and greet" session offered on any date nor will we offer any alternative prize or cash alternative or compensation for such failure.
8. UNCLAIMED PRIZES
8.1 All prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated.
8.2 We reserve the right to award prizes unclaimed after this period to alternative prize winners or not to award them at all.
8.3 If you call to claim a prize from a "withheld number" line you must provide us with your contact details: otherwise we may be unable to contact you and you may as a result forfeit your prize.
9 PUBLICITY AND PERSONAL INFORMATION
9.1 The personal information supplied by entrants when entering our Competitions will be used by us in accordance with the privacy policy applicable to our website and/or radio station in which the Competition appears, as the case may be. You should always read the applicable privacy policy as your entry in the relevant Competition is an agreement to be bound by the applicable privacy policy. All entrants may have their details removed from our database by contacting us. If details are removed prior to the conclusion of the Competition and/or award of prize(s), entrants will however forfeit their right to claim any prizes.
9.2 Should an entrant be required to submit a third party’s personal information as a part of entry into or participation in any Competition, each entrant must ensure that any other person whose details have been provided by the entrant to us has given or will give their consent for their details to be provided to us and to be contacted by us in relation to the relevant Competitions.
9.3 It is a condition of your entry to our Competitions that we have the right to publicise, broadcast and communicate to the public the names, home towns, characters, likeness and voices of entrants to our Competitions for the running of the Competitions and matters incidental to the Competition.
9.4 In particular, entrants consent to their entries to radio Competitions being read out on air and/or to their conversations with our presenters being broadcast on air and communicated to the public on our website/s.
9.5 All entrants and particularly prize winners, may be required by us to participate in photo, recording, video and/or film session(s). In this regard you agree that we shall have the right to use all the resulting publicity materials in any medium (including, without limitation, the internet) and in any manner we see fit, unless you advise us at the time of entering the Competition that you wish to retain your anonymity. If you elect for anonymity, we may not be able to include you in certain Competitions.
9.6 Entrants also acknowledge that publicity materials featuring them may be provided to our third party prize providers for the purposes of promoting their association with the Competition and awarding the relevant prizes.
9.7 No fees shall be payable to any entrant in relation to their entry in any Competition.
10 PHOTOGRAPHS AND VIDEOS
10.1 Should any Competition require entrants to submit a photograph or video clip, as a part of entry into or participation and used in the Competition (collectively, "Photograph"):
(a) entrants warrant that they are the person in the Photograph or have prior approval from the person in the Photograph that it may be submitted as part of their entry;
(b) entrants agree that we have the right to publish and communicate to the public the Photographs in any media including, but not limited to, online, at all times without restriction or limitation throughout the world and not only for the purposes of the Competition;
(c) entrants acknowledge that we may edit the Photographs in our sole discretion;
(d) entrants agree that we have the right to use entrants' names, likenesses and other personal information in conjunction with the Photographs;
(e) entrants agree not to bring against us any actions, suits, claims and demands in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Photographs;
(f) entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Photographs; and
(g) entrants aged under 18 shall have obtained the consent of a parent or a guardian (and will provide us with the contact details we need should we wish to verify this).
11 DRAWS
11.1 Where any prize is awarded via a prize draw, prize winners will be chosen at random from all qualifying entries within twenty eight (28) days of the Competition closing date.
11.2 If we become aware that the same person has been selected as a prize winner more than once, we will draw another name.
12 COPYRIGHT
12.1 By entering our Competitions all entrants:
(a) assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
(b) agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title;
(c) undertake to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants' warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same;
(d) Confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
12.2 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition are our sole property and we may exploit the same our absolute discretion.
13 MINORS
13.1 If any prize winner is a child or young person (i.e. under the age of 18) we may require that the terms and conditions applicable to the Competition (including these General Terms) be signed by the prize winner's parent or legal guardian before the prize is awarded. Any such prize may at our discretion be awarded to the prize winner's parent or legal guardian.
13.2 Holiday prizes are not available to persons under the age of 18 without written consent from a parent or legal guardian and unless accompanied by a parent or legal guardian.
13.3 Where entrants or prize winners are required by us to sign a release or other document before participating in a Competition and/or redeeming a prize and the entrant and/or prize winner is under the age of 18 years, such document must be signed by that person’s parent or legal guardian prior to their participation in the Competition and/or the prize being awarded.
14 TAMPERING AND OTHER MATTERS
14.1 If for any reason any Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition, we reserve the right to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
15 LEAVE FOR PARTICIPATION
Obtaining time off work and/or study or related activities to participate in a Competition and/or take a prize will be the sole and absolute responsibility of each contestant.
16 TERMINATION OF COMPETITION
The Promoter may vary the terms of, or terminate, a Competition at any time at its absolute discretion without liability to any contestant or other person. The Promoter will not award the prize if the Competition is terminated.
17 DECISIONS FINAL
17.1 All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
17.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
17.3 Where a Competition involves voting, the accuracy of the pooled results received and published by us will be deemed to be final and binding and no correspondence will be entered into.
18 FAILURE TO ENFORCE TERMS AND CONDITIONS
A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
19 EXCLUSION OF LIABILITY
19.1 Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
19.2 To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prizewinner in connection with or arising out of any Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph 19.2 shall also apply in respect of any prize provided by a third party provider.
19.3 In the event that any provision of these General (or any Specific) Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
20 LAWS
These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England and Wales.
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Additional Terms and Conditions and Editor's Choice
To the extent permitted at law, we Horse Deal/Bauer do not accept any responsibility for any statement in the material on the Horse Deal site or Horse Deal Magazine. You must not rely on any statement we have published and are advised to take specialist professional advice when buying, selling or relying on any claims, recommendations, prices etc.
The "Editor's Choice" is a personal opinion and is no guarantee of success. Horse Deal we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of [viewing, reading or listening] to the material or any part of it (except for death or personal injury attributable to our negligence and to the extent permitted at law).
You can access other sites via links from http://www.horsedeals.co.uk <http://www.horsedeals.co.uk> These sites are not under Horse Deals control and we are not responsible in any way for any of their content.
We give no warranties of any kind concerning http://www.horsedeals.co.uk <http://www.horsedeals.co.uk/> or the material. In particular, we do not warrant that http://www.horsedeals.co.uk <http://www.horsedeals.co.uk/> or any of its content is virus free. Please take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.