Your access to and use of the Website is subject to these Terms and Conditions. By using the website you are deemed to have agreed to the terms, conditions and disclaimers contained in these Terms and Conditions. If you do not agree to these Terms and Conditions, you must immediately stop using the website.
We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the website following any change(s) shall be deemed to be your acceptance of such change(s). We will publish all updates and amendments to these Terms and Conditions on this page and, where appropriate, provide you with notice via email in advance. Please check this page regularly to take notice of any changes we have made, as these will be binding on you.
The Basic Services
The Website provides a meeting place for users who are horse owners ("Owners") and Users who would like to be sharers of the horse ("Sharers"). This is enabled through various services, tools and facilities accessible on the website (the "Basic Services"), including:
creation of an Owner's Profile, with information about their horse(s) and their details.
creation of a Sharers Profile, with information about themselves.
access to a searchable database of these Profiles.
There may be variations in the features or interface design accessible through the website.
You must be at least 18 years old to register for an account on the website and use the Basic Services. By registering for an account, you warrant that you are at least 18 years old.
If you are an Owner, your horse must be at least 3 years old. By registering for an account, Owners represent and warrant that their horse(s) is/are at least 3 years old.
By registering as an Owner you acknowledge that your horse is sensible enough to be ridden (possibly alone) by a Sharer.
You must not include any contact details (including phone number, address or email address) in your Profile. We reserve the right to amend or delete your Profile for the purpose of removing this information.
You must be the legal owner of a horse for which you create an Owner's Profile.
User Account, Password & Payment
When you sign up for an account on the website, either as an Owner or a Sharer, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will Share My Pony be liable for any loss or damage whatsoever resulting from your disclosure of your username and/or password. You may not use another person's account at any time.
If you are an Owner, you agree that you will provide accurate and up-to-date information about you and your horse and that your horse is safe and in good health for sharing by a Sharer.
If you are a Sharer, you agree that you will provide accurate and up-to-date information about you and your experience with horses and that, when entrusted with a horse, you will use your best efforts to care for the horse and follow any instructions provided by the Owner regarding care of the horse. You also acknowledge that you will be responsible for the safety and well-being of the horse during such time.
The above agreements are made as between the Owner and the Sharer, and are not guaranteed by Share My Pony. In no event shall Share My Pony be responsible or liable to you as a result of the failure of an Owner or Sharer (as applicable) to comply with the above agreements.
You acknowledge that Content, whether posted publicly or transmitted privately, is the sole responsibility of the person from whom such Content originated. We do not control, endorse or guarantee the accuracy, integrity or quality of such Content. As such, you acknowledge that by using the Services you may be exposed to Content that is incorrect, misleading, offensive and/or indecent. Share My Pony will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the website and you agree to bear all risks associated with the use of any Content, including reliance on the accuracy or completeness of such Content.
In using the Website, you agree not to:
send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility expressly allows such messages;
impersonate any person or entity for the purpose of misleading others;
violate any applicable laws or regulations;
use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party's use and enjoyment of the Website;
post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
attempt to gain unauthorised access to the Website, other accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; or
We have no obligation to monitor the Services but shall be entitled to review Content transmitted via the Website and, at our sole discretion, to remove any Content that breaches these Terms and Conditions or is otherwise objectionable.
You may terminate your account on the Website at any time, for any reason, without explanation and ceasing all use of the Website.
Share My Pony reserves the right to do either of the following without notice and in its sole discretion to terminate these Terms and Conditions;
suspend or terminate your access to all or part of the Website (including deletion of your account); and/or
remove your account information or data from the Website, including Profiles, and any other records,
in the event you commit a material or persistent breach of these Terms and Conditions, the Website is discontinued, we lose the right to provide you with the Website or where the provision of the Website or a particular Service becomes unlawful.
Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Share My Pony is not responsible for the content or availability of any such sites.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
Unfortunately, you may only use the Services if you are resident in a country in which we operate.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In accessing the Website you agree that you will access its contents and use the Services solely for your personal, non-commercial use. The Website, including parts of it, may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
Share My Pony does not claim ownership of any Content you post, upload or submit to any publicly accessible area of the Website. However, by doing so you are granting us a worldwide, royalty free, sub-licensable, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content on the Website. This licence shall be terminated when such Content is deleted from the Website by either party. With your permission, we may also use your Content in other types of media, including social media Websites, for promotional purposes.
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Share My Pony, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of:
your use of or inability to use the Website;
any Content transmitted by you on the Website;
your violation of any terms of these Terms and Conditions or your violation of any rights of a third party; or
your violation of any applicable laws, rules or regulations when using the Website.
Disclaimers and Limitation of Liability
The Website is provided on an "AS IS" and "AS AVAILABLE" basis. Share My Pony makes no warranty that material on the Website (including the Content) will be accurate or reliable, that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or that the server that makes the Website available is free of viruses or anything else which may be harmful or destructive.
You acknowledge that the Website has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Website meet your requirements. You assume full responsibility for results obtained from the use of the Website, and for conclusions drawn from such use.
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence up to the limit specified in clause 15.8, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you entered into these Terms and Conditions.
If you arrange to meet an Owner or a Sharer through the Website, the obligations arising in relation to the meeting(s) are directly between you and the Owner or Sharer (as applicable) and we will have no responsibility to you in connection with these meeting(s), including the cancellation or delay of any the meeting(s) or any dispute between you and the Owner or the Sharer (as applicable) about the meeting(s). As such, and by way of example, in the event of your horse suffering injury, illness or death as a result of any act or omission of any Owner or Sharer (or any other person), you (as an Owner) having any complaint about the quality of the Sharer.s treatment of your horse, or you (as a Sharer) having any complaint about the quality of the Owner.s treatment of their own horse, or you having any other complaint at all about an Owner or Sharer you have partnered with, you acknowledge that your sole right of redress will be against that person. You agree to take all necessary precautions when communicating with or meeting other Users.
We only allow use of the Website for domestic and private use. You agree not to use the Website for any commercial, business or re-sale purposes, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Share My Pony for: (i) death or personal injury as a result of our negligence; or (ii) fraud or fraudulent misrepresentations by Share My Pony or (iii) any other liability which cannot be excluded or limited by law.
Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
Severance. If any provision or part provision of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision or part provision shall be severed and the remaining provisions and part provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
No Assignment. We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or obligations under these Terms and Conditions to another person if we agree in writing.
Waiver. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Governing Law and Jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.
Online Dispute Resolution. If you are not happy with how we have handled any complaint, you may submit a dispute for online resolution to the European Commission Online Dispute Resolution Website. You can find this Website and more information about it here: http://ec.europa.eu/consumers/odr/.