Terms of Service

Last updated: 13/11/2024. Please read these terms of service carefully before using Our Service.

1. Interpretation and Definitions

1.1 - Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

1.2 - Definitions

For the purposes of these Terms of Service:

Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
Application means the software program provided by the Company or Operator downloaded by You on any electronic device, named paddockPal.
Buyer refers to users of the Service who are placing Orders for Goods.
Country refers to the United Kingdom.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to paddockPal, 12 The Folly, Kingsgate, Amesbury, Wilts, SP4 7GG, Company Number: 15836737.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
Good refers to the items or services offered for sale, rental, auction, contact, or any other means of trading on the Service.
Operator (referred to as either "the Operator", "We", "Us" or "Our" in this Agreement) refers to paddockPal.
Order means a request by You to purchase or trade by any means Goods on the Application or Website.
Seller refers to users of the Service who are listing Goods and making them available for trade by any means.
Service refers to the Application or the Website or both.
Terms of Service (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company or Operator regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
Website refers to paddockPal, accessible from http://www.paddockpal.horse.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2 - Contact Us

If you have any questions about these Terms of Service, You can contact us:

3 - Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company or Operator. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent that you are over the age of majority according to the laws of your country or the Country, whichever is higher. The Company or Operator does not permit those under that age to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company or Operator. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

4 - Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales.

This means that any dispute or claim arising out of or in connection with these Terms will be governed by English law.

This includes any disputes regarding land use agreements or implied tenancy rights arising from the listing of land on our platform. Hosts are encouraged to structure agreements carefully to avoid unintended tenancy rights under English law.

This includes any disputes regarding land use agreements or implied tenancy rights arising from the listing of land on our platform. Hosts are encouraged to structure agreements carefully to avoid unintended tenancy rights under English law.

Consumers Resident Outside England and Wales:

If you are a consumer resident in Northern Ireland, you may bring proceedings in Northern Ireland.
If you are a consumer resident in Scotland, you may bring proceedings in Scotland.
If you are a consumer resident in another country, you may have additional rights under mandatory consumer protection laws applicable in your country of residence.

5 - User Accounts

5.1 - Account Creation

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Refer to Section 14 - Age Restrictions and Verification for age restrictions.

5.2 - Account Information

You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address.

You may have to provide documents to comply with identity verification.

Before or during posting Goods, you may be asked to supply, without limitation, Your bank account details, and Your identity documents.

Before or during placing an Order, you may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

5.3 - Account Review

Unless part of a feature of the Service, We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.

5.4 - Account Password

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

5.5 - Account Termination

Termination by Us:

We may terminate or suspend your account by providing you with at least 30 days' notice in writing (including email) and explaining the reasons for the termination or suspension.
We may terminate or suspend your account immediately if you are in serious breach of these Terms, including but not limited to fraudulent activities, misuse of the Service, or actions that cause harm to other users.

Termination by You:

You may terminate your account at any time by following the instructions within the Service or by contacting us.

Effect of Termination:

Upon termination of your account, your right to access and use the Service will cease immediately.
Any pending Orders or obligations existing at the time of termination shall be fulfilled unless otherwise agreed.

5.6 - Legal Compliance

Users are responsible for ensuring their own compliance with all applicable laws and regulations, including but not limited to:

a) Animal welfare laws and regulations: Users must ensure that all activities related to horses and other animals comply with relevant animal welfare legislation.
b) Tax obligations: Users are responsible for determining their tax liabilities arising from the use of our Service, including but not limited to income tax on earnings from renting out facilities or providing services.
c) Business rates: Users offering facilities or services must determine whether they are liable for business rates and comply with any applicable regulations.

paddockPal does not provide legal or tax advice. Users should consult with appropriate professionals to ensure compliance with all relevant laws and regulations.

5.7 - Insurance

We strongly recommend that all users obtain appropriate insurance coverage for their activities related to the use of our Service. This may include, but is not limited to:

Public liability insurance for property owners and service providers.
Personal accident insurance for horse riders and handlers.
Property insurance for facilities and equipment.
Animal insurance for horses.

Our Liability:

While we recommend obtaining insurance, this does not exclude or limit our liability where it cannot be lawfully excluded under applicable law.

User Responsibility:

You are responsible for determining the types and levels of insurance appropriate for your circumstances.
Failure to obtain appropriate insurance may result in you being responsible for losses that could have been covered by such insurance.

paddockPal does not provide insurance and is not liable for any losses that may have been covered by appropriate insurance. Users are solely responsible for determining and obtaining suitable insurance coverage for their activities.

6 - Content

6.1 - Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6.2 - Content Restrictions

We reserve the right to review and remove any Content that violates these Terms or applicable laws.
Decisions to remove Content will be made fairly and transparently. We will provide you with reasons for the removal and an opportunity to appeal our decision.
Content moderation will be conducted in accordance with our Content Policy, which outlines prohibited content and the procedures we follow.

6.3 - Content Backups

Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company or Operator will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company or Operator has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

6.4 - Intellectual Property of Others and Copyright Infringement

We respect the intellectual property and copyrights of others. Our policy is to respond to any claim that Content posted on the Service infringes copyright or other intellectual property rights under the Copyright, Designs and Patents Act 1988.

If you believe that your intellectual property rights have been infringed, please provide us with a written notice that includes:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
A description of the copyrighted work or other intellectual property that you claim has been infringed.
Identification of the material that you claim is infringing and where it is located on the Service.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on the owner's behalf.

Upon receipt of such notice, we will take appropriate actions, including removing the infringing material if necessary.

Content Policy

7 - Orders of Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

7.1 - Position of the Service in Orders

Our role is one of a facilitator between You and the Sellers using the Service. We are not a party to any agreement you enter with the Sellers, and we do not have control over, and are not responsible for, the quality, safety, legality, or availability of the Goods or services offered.

While we facilitate payments and communications between Buyers and Sellers, we do not endorse any Sellers or Goods, and we make no representations or warranties about them. Any agreements, transactions, or interactions are solely between you and the Sellers.

7.2 - Your Information as Buyer

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

7.3 - Availability, Errors, and Inaccuracies

We and Sellers are constantly updating Our offerings of Goods on the Service. The Goods available on the Service may be mispriced, described inaccurately, or unavailable, and Sellers and We may experience delays in updating information regarding the Goods on the Service and in Our advertising on other websites.

We and Sellers cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

7.4 - Prices Policy

The Company or Operator and Seller reserve the right to revise their prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company or Operator subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company or Operator or the Seller. In that event, You will have the right to cancel Your Order.

7.5 - Payments

Payment can be made through various payment methods we have available. We rely on payment gateways that have their own terms of service and their own limitations.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

7.6 - Service Fees

We may charge You some fees (and applicable Taxes) for the right to use the Service. More information about when service fees apply and how they are calculated is displayed during your Order. We reserve the right to change the service fees at any time. We will not charge any additional payment beyond the remuneration agreed upon for the main contractual obligation without your express consent.

7.7 - Order Modification

You and the Sellers are responsible for any Order modifications you agree to make via the Service and agree to pay any additional amounts, fees, or taxes associated with any Order modification.

7.8 - Order Cancellation

7.8.1 - Our Order Cancellation Rights

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

Goods availability
Errors in the description or prices for Goods
Errors in Your Order
Mistakes from the Seller

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction or trade is suspected.

7.8.2 - Order Cancellation by Buyers

Right to Cancel: Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you enter into a contract as a consumer, you have the right to cancel your Order for services within 14 days without giving any reason.

Effects of Cancellation: If you cancel an Order within the 14-day cancellation period, we will reimburse all payments received from you, including any delivery costs (except for supplementary costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us).

Commencement of Services During Cancellation Period: If you requested to begin the performance of services during the cancellation period, you acknowledge that you may lose your right to cancel once the services have been fully performed. If you cancel after we have begun the services but before they are completed, you will be responsible for paying us for the services provided up until the time you notified us of your decision to cancel.

How to Cancel: To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or email). You may use the Model Cancellation Form provided at the end of these Terms, but it is not obligatory.

7.8.3 - Order Cancellation by Sellers

If You as a Seller cancel an Order, the amount the Buyer paid (including the Service fees) will be refunded to the Buyer and will not be transferred to the Seller.

If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us.

7.8.4 - Cancellation Rights for Distance and Off-Premises Contracts

Your Right to Cancel Services: Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel contracts for services within 14 days without giving any reason.

Digital Content: If your Order includes digital content not supplied on a tangible medium, you acknowledge that by proceeding with the download or streaming of the content, you consent to the supply of the digital content during the cancellation period and acknowledge that you will lose your right to cancel once the download or streaming has started.

Exceptions to the Right to Cancel: The right to cancel does not apply to:

Services that have been fully performed if the performance began with your prior express consent and acknowledgment that you would lose the right to cancel once the contract had been fully performed.
Goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader.

How to Exercise Your Right to Cancel: To exercise your right to cancel, please inform us of your decision by a clear statement (e.g., a letter sent by post or email). You may use the Model Cancellation Form provided at the end of these Terms, but it is not obligatory.

7.8.5 - Digital Content

If your order includes digital content not supplied on a tangible medium, you acknowledge that by proceeding with the download or streaming of the content, you will lose your right to cancel the contract.

7.9 - Dispute Resolution Between Users

In the event of a dispute between users, the following process should be followed:

a) Users should first attempt to resolve the dispute directly between themselves through respectful communication.
b) If unable to reach a resolution, users may report the issue to paddockPal. We may, at our discretion, review the dispute and take appropriate action, which may include mediating the dispute, removing listings, or revoking user privileges.
c) paddockPal's decision in any dispute is final. We reserve the right to refuse involvement in user disputes at our discretion.
d) paddockPal is not liable for any losses or damages resulting from user disputes. Users agree to hold paddockPal harmless in any disputes arising from the use of our Service.
e) Users retain the right to pursue legal action against other users independently of paddockPal's platform.

Model Cancellation Form

8 - Disclaimer of Warranties and Limitation of Liability

8.1 - Limitation of Liability

Nothing in these Terms limits or excludes our liability for:

Death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors.
Fraud or fraudulent misrepresentation.
Any other liability which cannot be limited or excluded by applicable law.

Subject to the above, we will not be liable for:

Losses that were not caused by any breach on our part.
Any business losses, and/or losses to non-consumers.
Any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Service.

Our total liability to you for any losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount you have paid us in connection with the relevant Order to which the liability relates, or £100, whichever is greater.

8.2 - "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company or Operator, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice. Without limitation to the foregoing, the Company or Operator provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor Operator nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

8.3 - Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company or Operator.

The Company or Operator has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company or Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.

8.4 - Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

8.5 - Liability Disclaimer

Acknowledgment of Risks:

Activities involving horses and other animals carry inherent risks. You acknowledge that you participate in such activities at your own risk.

Limitation of Liability:

While we facilitate connections between users, we are not responsible for the actions or omissions of any users, including but not limited to property owners, service providers, or riders.
We will not be liable for any loss or damage caused by a user, including but not limited to personal injury or property damage, except where such liability cannot be excluded under applicable law.

User Responsibilities:

Users are responsible for making their own assessments regarding the suitability of other users, facilities, or services accessed through the Service.
Users should take appropriate precautions, including but not limited to conducting background checks, verifying insurance coverage, and ensuring compliance with applicable laws and regulations.

Insurance:

We strongly recommend that users obtain appropriate insurance coverage for their activities. However, we do not provide insurance and are not responsible for any losses that may have been mitigated or covered by appropriate insurance policies.

9 - Complaints and Dispute Resolution

9.1 - Complaints Procedure

If you have any complaints about the Service, please contact us using the contact details provided in Section 2 - Contact Us.
We will acknowledge your complaint within 5 working days and aim to resolve it promptly and fairly.

9.2 - Alternative Dispute Resolution

If we are unable to resolve your complaint to your satisfaction, you may refer your complaint to an Alternative Dispute Resolution (ADR) provider.
We will provide you with details of an appropriate ADR provider upon request. You can also use the Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/.

9.3 - Legal Proceedings

Nothing in this section affects your statutory rights or your ability to bring legal proceedings.

Online Dispute Resolution (ODR)

10 - Intellectual Property of the Service

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company or Operator and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company or Operator.

11 - Your Feedback to Us

By submitting feedback, suggestions, or ideas ("Feedback") to us, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Feedback in any media.

This license allows us to use your Feedback to improve our Service and develop new features.

You acknowledge that:

You have the right to provide the Feedback.
Providing your Feedback does not infringe any third-party rights.
We are not obligated to use or act upon any Feedback you provide.

Moral Rights:

You retain all moral rights in your Feedback, and we agree not to use your Feedback in a way that would infringe those rights.

12 - Changes to these Terms of Service

We may revise these Terms from time to time. If we make significant changes, we will notify you at least 30 days before the changes take effect via email or through the Service.
If you do not agree to the revised Terms, you have the right to terminate your account before the changes take effect.
Your continued use of the Service after the effective date of the changes constitutes your acceptance of the revised Terms.

13 - Data Protection and Privacy

Your privacy is important to us. Our collection and use of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.
We comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 in relation to the processing of personal data.
If you are located in the European Economic Area (EEA), we also comply with the EU GDPR regarding your personal data.
Our Privacy Policy outlines how we collect, use, store, and protect your personal data, as well as your rights under the data protection laws.

14 - Age Restrictions and Verification

Users must be at least 18 years old to create an account and use our Service.

Age Verification:

During the account creation process, you will be required to verify your age by providing your date of birth and confirming that you are at least 18 years old.
We reserve the right to request proof of age, such as a copy of a government-issued ID, to verify compliance with this requirement.

Account Termination for Underage Users:

If we discover that you are under 18 years old, we will terminate your account immediately.
Any data collected from an underage user will be deleted in accordance with our Privacy Policy.

15 - User Qualifications and Representations

If you offer professional services, facilities, or expertise through paddockPal, you represent and warrant that you possess all necessary qualifications, certifications, licenses, and insurance required by law to provide such services.

You agree to provide accurate and truthful information about your qualifications and experience.

Verification of Qualifications:

We reserve the right to request and verify documentation proving your qualifications, certifications, licenses, and insurance.
By providing services through our platform, you consent to such verification processes.

Our Responsibility:

While we may perform checks to verify user qualifications, we do not guarantee the accuracy or completeness of any user's claimed qualifications.
Users should independently verify the credentials of service providers before engaging their services.

Consequences of Misrepresentation:

Misrepresentation of qualifications or failure to maintain required licenses or insurance may result in immediate termination of your account and potential legal action.
You agree to indemnify and hold us harmless from any claims arising from your misrepresentation or failure to comply with legal requirements.