Anything Equine
Terms and Conditions for Advertisers
This document contains the terms and conditions for advertising with Anything Equine. By submitting an advert with Anything Equine you agree to these terms.
1 Definition of terms used
1.1 The definitions and rules of interpretation in this clause apply in these terms and conditions.
Advertiser - any person/company placing an order with Anything Equine for the publication of an Advert.
Advertisement – any advertisement, publicity materials or other advertising features.
Contract - a legally binding agreement for the publication of the Advertisement in the Publication on the terms and conditions set out in this contract and at the price agreed.
Copy - the style and form in which the Advertisement will appear in the Publication.
Publisher - means Anything Equine registered in England and Wales with company number 06638353 whose registered address is Westfort, Hillside, Martley, Worcester, Worcestershire, WR6 6QW.
Publications - the Website and any other marketing or publishing
2 Acceptances
2.1 The placing of an order for an Advertisement shall amount to an acceptance of these terms and conditions and no variation or addition of these terms and conditions shall be effective unless specifically agreed to in writing by the Publisher.
2.2 A binding contract shall not come into existence between the Publisher and the Advertiser unless and until the Publisher issues an acceptance to the Advertiser, or the Publisher publishes the Advertisement (whichever occurs earlier).
2.3 These terms and conditions shall prevail over any inconsistent terms and conditions contained or referred to in an order form, confirmation of order, acceptance of a quotation or elsewhere stipulated by the Advertiser or implied by trade, custom, practice or course of dealing.
2.4 All Advertisements are accepted subject to the Publisher's approval of the Advertisement.
2.5 The Publisher reserves the right to refuse, alter or require the Advertiser to alter, suspend or change the content, wording or position of any Advertisements submitted at its absolute discretion.
3 Advertiser's Representations
3.1 The Advertiser warrants and represents to the Publisher that any Advertisement (or any information supplied in connection with an Advertisement) submitted to the Publisher:
3.1.1 Complies with the requirements of all relevant legislation for the time being in force or applicable in the United Kingdom,
3.1.2 is legal, decent, honest, and truthful.
3.1.3 Does not contain any material that shall infringe any copyright, trademarks, trade secrets, rights of privacy, right of publicity or be obscene or libellous or blasphemous or defamatory.
3.2 The Advertiser warrants and represents to the Publisher that:
3.2.1 It is legally capable of entering into binding contracts and at least 18 years old;
3.2.2 All instructions, artwork and other materials submitted to the Publisher by electronic means do not contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or telecommunications equipment owned or utilised by the Publisher or third parties;
3.2.3 In relation to any Advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any copy by which any living person is or can be identified, the Advertiser has obtained the authority of such living person to make such use of such name, representation and/or copy as made in the said advertisement;
3.3 It is the responsibility of the Advertiser to check the content and accuracy of any Advertisements submitted to the Publisher.
3.4 Any typographical, clerical or other omission or error in any Advertisement may be subject to correction without any liability on the part of the Publisher.
3.5 Photographs supplied by the advertiser must have the prior consent of the photographer. The advertiser is responsible for gaining any photographers approval prior to forwarding photographs to Anything Equine to use in their publications. Anything Equine cannot be held responsible for any issues arising due to copyright protection on photographs.
4 Indemnity
The Advertiser agrees to indemnify Anything Equine against any and all costs, expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the Publisher in connection with any claims (actual or threatened), of any kind, (including, without limitation, third party claims against the Publisher, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality or false or misleading advertising) arising from the Advertisement.
5 Quality
5.1 www.AnythingEquine.co.uk is updated regularly. However, we hereby exclude any warranties as to the quality, accuracy, completeness, performance, fitness for a particular purpose of the advertisements or any of their contents.
5.2 The Publisher will use all reasonable endeavours to ensure the quality of reproduction of any photograph supplied to the Publisher by the Advertiser.
6 Publisher's Liability
6.1 Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with all legal requirements. Although acceptance of advertisements on the Site is subject to our discretion, we do not accept liability in respect of any advertisements.
6.2 The Publisher shall not be liable for any:
1. Loss of profits; or
2. Loss of business; or
3. Depletion of goodwill or similar losses; or
4. Loss of anticipated savings; or
5. Loss of goods; or
6. Loss of contract; or
7. Loss of use; or
8. Loss or corruption of data or information; or
9. Any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; arising out of or in connection with the contract.
7 Force Majeure
7.1 The Publisher is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Contract that is caused by events outside its reasonable control (Force Majeure Event).
7.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Publisher's reasonable control and includes in particular (without limitation) fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
7.3 If any of the terms of this Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
7.4 This Contract constitutes the whole agreement between the parties and supersedes all previous agreements, arrangements, undertakings or proposals between the parties relating to its subject matter.
7.5 Unless agreed otherwise in writing between the Advertiser and the Publisher, a person who is not a party to these terms and conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Contract are not subject to the consent of any person that is not a party to this agreement.
8 Information You Provide to Us
8.1 The following applies to any information that the Advertiser provides to the Publisher, for example during the ordering process:
8.1.1 The Advertiser authorises Anything Equine to use, store or otherwise process any personal information which relates to and identifies the Advertiser, including but not limited to name, email address and credit/debit card details to the extent reasonably necessary for the Contract to be fulfilled by the Publisher.
8.1.2 The Advertiser must ensure that the Personal Information provided to the Publisher is accurate and complete and that all ordering or registration details (where applicable) contain the Advertiser's correct name, email address and other requested details.
8.2 www.AnythingEquine.co.uk accepts links to third part web sites. No web site links will be accepted if the web site being linked to is a competitor to Anything Equine in any way. If this is the case after publication of an Advertisement the Publisher has a right to immediately withdraw their web site link without warning. This also applies to any reference to a competitor’s website or service in the advert description.
9 Refusal of Adverts
9.1 The Publisher accepts adverts at its own discretion and has a right to reject any advert if feels does not comply with the terms and conditions of advertising.
9.2 If an advertiser is stopped from advertising with the Publisher for whatever reason (which Anything Equine does not have to justify); they will receive notification of this in an email or by letter. The advertiser must then not submit adverts to the Publisher. This includes adverts submitted from their companies or businesses, companies or business associated to them or any person submitting adverts on their behalf. If after notification of the Publishers decision to no longer allow their adverts; any adverts submitted to Anything Equine from them, their companies or businesses, or any person submitting adverts on their behalf will be dealt with as follows:
* Prior to the advert being published a refund less £5.00 admin charge will be made.
* If the advert is published and it then comes to light that the advert is related to or has been submitted on behalf of the banned advertiser the advert will be immediately withdrawn and no refund will be made.
9.3 If an advertiser does not comply with Anything Equine’s Terms and Conditions of Advertising, their advertisement can be withdrawn without notice and no refund will be made.
10 Governing Law and Jurisdiction
This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with the Contract or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11 Refunds
Orders for advertisements will generally be published within 24 hours; Refunds after the advertisement has been published will be at Anything Equine’s complete discretion and only in exceptional circumstances.
All media for the Tradestand is to be sent to the company address as detailed in the 'Support Centre' on the Home Page.
Copyright © Anything Equine All Rights Reserved
Consumer Protection (Distance Selling) Regulations 2000
Data Protection Act 1998
