Terms & Conditions
Golden Ponies website (www.goldenponies.co.uk)
TERMS AND CONDITIONS OF REGISTRATION AND USE
These terms (together with our Privacy Policy and Cookies Policy) give you information about us and are the legal terms and conditions (Terms) upon which we have agreed to provide you with access to www.goldenponies.co.uk via registration for a paid account, which offers the ability to view the advertising for animals, goods and/or services, allows you to place and access adverts provided through our website to you alongside personalised contact, usually in the form of a phone call, with Elsa or a party appointed to act on her behalf upon registration.
These Terms govern any contract made between you and Golden Ponies when you join for access to the members-only content and services upon our sites (Membership Contract). Once you have entered into a Contract with us in accordance with these Terms, you will have access to member specific content and services for a fixed period of time (Membership).
Please therefore read these Terms carefully and make sure that you understand them, before purchasing a Membership or using any of the Services. Please note that yby accessing the Services or purchasing a Membership you will be explicitly agreeing to these Terms. If you refuse to accept these Terms, you will not be permitted to access or to subscribe to the Services through our sites.
We may amend these Terms from time to time as set out in clause 6. Every time you wish to make use of the Service, please check these Terms to ensure you understand the terms which will apply at that time.
The Golden Ponies Website
Goldenponies.co.uk acts as a venue which allows users to sell and buy ponies. Although Elsa is available for consultation, we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell or the ability of buyers to buy. Do not assume that the sale, purchase, export or import of any item is valid and legal simply because it is listed on our website. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you. Golden Ponies recommends that you have any pony that you wish to purchase vetted prior to purchase by a professional veterinary surgeon independent from the seller. Golden Ponies cannot be held responsible for buyers purchasing ponies that are unsuitable for the capability of the purchaser. Buyers buy at their own risk and must take the appropriate face to face professional advice prior to purchasing.
Golden Ponies cannot and does not confirm the purported identity of users or the validity of the information which users supply to our website.
In the event that you have any right, claim or action against any other user arising from that user's use of our website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Golden Ponies from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
If you are a seller, you must ensure that you are legally able to sell each item described, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction.
You acknowledge that we will commence supplying our services to you as soon as you have pressed the "Purchase" button to join the website and complete the transaction. By doing so, you recognise that you have agreed to sell the item.
All photographs used on the web site must have the prior consent of the photographer. The seller is responsible for gaining any photographers approval prior to forwarding photographs to Golden Ponies to use on the web site. Golden Ponies cannot be held responsible for any issues arising due to copyright protection on photographs.
Sellers or traders will be responsible for paying all fees associated with using our service and our website and all applicable taxes.
"Your Information" is defined as any information you provide to us or other users in relation to the Golden Ponies service (including, without limitation, any description of items listed). You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Advertisement contents
1. Contents are only for general information.
2. The Golden Ponies web site is updated regularly. However, we hereby exclude any warranties as to the quality, accuracy, completeness, performance, fitness for a particular purpose of the Site or any of its contents.
3. Golden Ponies and its owners will not be liable for any damages without limitation, damages for any consequential loss or loss of business opportunities or loss of profits; However, arising from the use of or inability to use the Golden Ponies Site, or any of its contents, or from any action or omission taken as a result of using the Site or any of its contents.
4. This Site contains material in the form of advertisements submitted by third party advertisers and we accept no responsibility for the content or accuracy of such advertisements, nor do we make any guarantee of the contents of this Site in respect of the existence or availability of anything advertised whatsoever.
5. We make no warranty that the contents of the Site are free from infection or viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
6. Where part of the Site contains advertising and other material submitted to us by third parties please note that those 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.
7. All liability is excluded to the extent permitted by law including any implied terms.
PHOTOGRAPHS
10. ALL photographs used on the web site MUST have the prior consent of the photographer. The seller is responsible for gaining any photographers approval prior to forwarding photographs to Golden Ponies to use on the web site. Golden Ponies cannot be held responsible for any issues arising due to copyright protection on photographs.
REFUSAL OF ADVERTISEMENTS
Golden Ponies accepts advertisements at its own discretion. Golden Ponies has a right to reject any advertisements if they do not comply with the terms and conditions of advertising. Golden Ponies does not have to justify its reasoning for the rejection of any advertisements.
If an advertiser is stopped from advertising on the web site for whatever reason (which Golden Ponies does not have to justify), they will receive notification of this in an email or by letter.
If an advertiser does not comply with Golden Ponies Terms and Conditions of Advertising Golden Ponies will withdraw any advertisers advert from the web site without warning and no refund will be made.
Golden Ponies will reject adverts from advertisers who are under 18 years old.
PRIVACY POLICY
Golden Ponies is committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
By visiting www.goldenponies.co.uk you are accepting and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 1998 (the Act), Golden Ponies with the office address as the bottom of this policy, is the data controller in respect of your personal data.
Information we collect from you
Golden Ponies will collect and process the following data about you where you are using or registering to use our site as a potential customer.
Information you give us.
This is information about you that you give us by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, subscribe to our service, sign up to receive our newsletter, become a member of our site, place an advert on our site, search on our site, enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, personal description and photograph.
Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:
· technical information, including the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
· information about your visit, including successful and failed login attempts, the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), methods used to browse away from the page and any phone number used to call our customer service number.
Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our site. There is a further policy available on the site, accessible when the cookies pop-up appears.
Uses made of the information
We will use this information:
· to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us;
· to notify you about changes to our service;
· to ensure that content from our site is presented in the most effective manner for you and for your computer.
· as part of our efforts to keep our site safe and secure;
Disclosure of your information
You agree that we have the right to share your personal information with selected third parties including:
· Squarespace, for the purposes of hosting your website and storing your data including in our content management system.
· Gmail Workspace, our mail management company who may store your personal data and use it for the purposes of sending newsletters out about us, on our behalf
We will not publish your personal contact details on the website but we will pass them on to parties interested in the adverts you have posted by means of email, text, whatsapp or on a phone call. We do not have any involvement in any transactions arising from advertising which is placed on our website.
We will disclose your personal information to third parties:
· If Golden Ponies or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
· If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of and conditions; or to protect the rights, property, or safety of Golden Ponies, our customers, or others.
Our site uses Paypal and Stripe to collect and process payment information. Where you are required to enter your payment information on our site (for example, where you a placing an ad on our site), you will directed away to either Paypal or Stripe, as selected and we will not collect or process any of your financial or payment information. Paypal’s and Stripe’s own privacy policies will apply to the financial information that you provide.
Where we store your personal data
The data that we collect from you will be transferred to a destination outside the European Economic Area ("EEA") and will be processed by staff operating outside the EEA who work for one of our suppliers. This includes staff engaged in, among other things, the provision of support services relating to our site. By submitting your personal data, you agree to this transfer or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on secure servers, hosted by Squarespace.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Changes to our privacy policy
Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@goldenponies.co.uk.
Golden Ponies
1 Information about the website
1.1 The website www.goldenponies.co.uk is operated by Elsa Rice, as a sole trader.
1.2 You may contact Elsa by e-mailing info@goldenponies.co.uk.
2 Services
2.1 Subject to your compliance with these Terms, you will have access to the Services provided through the site.
2.2 Please note that we reserve the right to withdraw or amend the Services we provide on the site. You acknowledge that this is a website that is delivered to you by means of the internet and that it is an inherently unreliable medium, and that we should therefore not be liable to you if for any reason the site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the site, or the entirety of our site to users who have purchased a membership.
2.3 It is your sole responsibility to ensure that information on the site which is provided by you is correct. We do not monitor any user posted content on the site for reliability and accuracy. Therefore we cannot make any representation or give any guarantee or warranty as to the completeness or accuracy of the information contained in any user posted content or accept any responsibility for this as we are merely providing access to such information to you.
2.4 Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through the site is appropriate or available in other locations. We may limit the availability of the site or any service described on the site to any person or geographic area at any time. If you choose to access the site from outside the United Kingdom, you do so at your own risk.
2.5 You may not mirror or frame any material from the site and you agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience whether to us or any members or the users of the site by any means including the use of the site for persistently sending unsolicited communications (also known as ‘spamming’).
2.6 You must not misuse the site by knowingly introducing any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored nor any server, computer or database connected to the site. You must not attack the site 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 the site will cease immediately.
3 Membership
3.1 In consideration of any payment made for the Membership of the site, details of which are set out on the “Join now” page, such details also forming a binding element of these Terms, and subject to your compliance with these Terms, you will have access to all services, content and benefits available to members through the site.
3.2 The instructions on the site will guide you through the process for purchasing a Membership. Please take the time to read and check the details of your Membership at each stage of the registration process.
3.3 After you purchase a Membership, you will receive a confirmation e-mail from us acknowledging that your Membership has been purchased.
3.4 We reserve the right to amend, remove and otherwise change the Services, content and benefits available to members through the site at any time by providing you with prior written notice. Where you are unhappy with such changes, you may terminate your Member Contract in accordance with 3.6 below, and shall receive a pro-rata refund of your Membership Fee calculated from the date of the changes, or the date of notice of cancellation (whichever is the earlier).
3.5 Your Membership fee will last for the period of 1 year, from the date you sign up to the Membership fee (Sign Up Date), and will not automatically renew each year.
3.6 We may refuse applications for a Membership, or cease to provide the Services at our sole discretion. Any payments made for a Membership Period which extends beyond the date of us ceasing to provide the Services will be refunded on a pro-rata basis taking into account the benefit of the Membership Period for which you have had access to the Services.
3.7 We may suspend or cancel your Membership at our sole discretion. Except where your Membership is cancelled due to your breach of these Terms, in which case any credit balance will be retained and set off against our losses arising from such breach, any payments for that suspension period or a Membership Period which extends beyond the date of cancellation will be refunded on a pro-rata basis taking into account the benefit of the Membership Period for which you have had access to the Services.
4 How we use your personal information
We only use your personal information in accordance with our Privacy Policy, set out in more detail below. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
5 Advert Content, Authority and Agreement
5.1 To purchase a Membership, you must (i) have full legal capacity to enter into a contract; (ii) if you are an individual, be at least 18 years old. You further represent and warrant to us that you have authority to bind any business on whose behalf you use our sites or purchase a Subscription or otherwise access the Services.
5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that in purchasing a Membership you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
5.5 In registering on our sites you agree to the following:
5.5.1 by lodging material with us for publication to our sites or authorising or approving the publication of any material onto our sites you warrant that:
(a) you have all required consents, licenses or permission to use the material;
(b) the material complies with all applicable laws and regulations in the UK and in any country from which it is posted;
(c) the material is not:
(i) defamatory, obscene, offensive, threatening, hateful, abusive or inflammatory;
(ii) made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(iii) does not infringe any intellectual property rights of any other person or entity;
(iv) promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(v) false, fraudulent, misleading or inaccurate, including giving the impression they emanate from us (or any other person or company), if this is not the case;
(d) you either own or are legally entitled to sell each item listed and that the sale of such item is legal in the jurisdiction in which the buyer is resident and such item is not counterfeit or stolen;
5.5.2 whilst we do not monitor the sites in order to ascertain whether or not you have acted in accordance with the above obligations if we determine that you are in breach of any of the terms of this 5.5.1, we may, in our absolute discretion, take any such action as we deem appropriate, including (but not limited to): removing any content uploaded by you to our sites; issuing a formal warning to you; suspending or terminating your access to our sites; reporting your actions to the appropriate authorities; or taking legal action against you. For the avoidance of doubt YOU MUST OWN OR HAVE A LICENCE TO USE ANY AND ALL IMAGES THAT YOU USE WITHIN YOUR ADVERTS.
5.5.3 we are not responsible for verifying the identity of any users nor are we responsible for the purchase of any products, services animals or vehicles and you accept that any purchase is at your own risk and are responsible for obtaining any appropriate professional advice required prior to purchasing;
5.5.4 In the event that you have any right, claim or action against any other user arising from that user's use of our sites, you agree to pursue such right, claim or action independently of and without recourse to us, and you release us from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action;
5.5.5 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to any of our sites in any website that is not owned by you. Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice.
5.5.6 Upon adding an advert to a site by clicking the “submit” button you acknowledge that we will commence supplying our services immediately and that you will be charged for the advert in full. Each advert is for a single horse, pony, vehicle or item and substitutions are not accepted on any adverts other than yard advertisments.
5.5.7 and you shall indemnify us in full against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of 5.5.1 – 5.5.6 above.
6 Our right to vary these Terms
6.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you purchase a Membership from us, the Terms in force at the time of your purchase will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your Subscription from time to time to reflect the following circumstances:
6.3.1 changes in relevant laws and regulatory requirements; or
6.3.2 where changes are made to our sites or the Services; or
6.3.3 where we change the supplier that operates the sites on our behalf.
6.4 If we have to revise these Terms as they apply to your Membership, we will contact you to give you advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
7 Membership Fee
7.1 The Membership Fee will be as quoted on the site at the time you purchase your Subscription. We take reasonable care to ensure that the Membership Fees are correct at the time when the relevant information was entered onto the system.
7.2 In accordance with clause 3.9 the Membership Fee may change from time to time, but changes will not affect any Membership you have already purchased.
7.3 The quoted Membership Fee will, unless otherwise indicated on the site, exclude any sales or other local tax which shall, if applicable, be payable by you in addition at the rate from time to time in force.
8 How to pay
8.1 You can only pay for a Membership using the payment methods listed on our site and once submitted these are processed by our contractors. The terms and conditions for these payment services are available on request.
8.2 Payment for a Membership is made in advance and your card will be charged on the Sign Up Date and shall be charged monthly thereafter. Transactions made through our sites will be in Pounds Sterling. If you wish to pay with any other currency, the exchange rate and any additional transaction charges will be controlled and applied by the issuing bank and not us. We will not be liable for any additional charges incurred in respect of this.
8.3 Please note that the minimum subscription period is one year, and our Services will be provided immediately from the Sign Up Date.
9 Your account and use of the Services
9.1 You must treat your account details, including your username and password, as confidential, and not disclose them to any third party other than those employees or members of your business who have your authority to access our sites.
9.2 If you know or suspect that anyone other than a third party you have specifically authorised knows your user identification code or password, you must promptly notify us at info@goldenponies.co.uk.
9.3 You are responsible for any activities that occur under your account. We shall not be liable to you or any third party for any loss or damage which may arise as a result of any failure by you to keep your password or account confidential.
9.4 Our sites may only be used for lawful purposes. You are prohibited from violating or attempting to violate the security of our sites or using them to obtain products or services not properly ordered and fully paid for.
9.5 You may not interrupt or attempt to interrupt the operation of our sites in any way or send unsolicited email messages ('Spam') to or through our sites or otherwise harass the site owner, provider, or other users.
9.6 Our sites may contain references or cross references to products that are not available in every country.
9.7 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our sole opinion you have failed to comply with any of the provisions of these Terms.
10 Our Provision of the Services
10.1 We will make reasonable efforts to keep the Services operational at all times. Technical difficulties may result in temporary interruptions to the Services.
10.2 No interruptions to the Services shall entitle you to a refund of any payment already made by you.
10.3 We are under no obligation to provide any content for the Services and reserve the right to upload, remove, vary or otherwise deal with any content provided on our sites from time to time.
11 Licence and intellectual property
11.1 Any content you upload to our sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you by these Terms you grant us and other users of our sites a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to any of our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
11.2 “Golden Ponies” is our trade mark and neither the name of the company, nor any logo or device incorporating that mark or our company name shall be used without our prior written consent.
11.3 All intellectual property rights, and all other rights including goodwill, whether now known or created in the future, in the content provided through the Services is our property and shall vest in us.
11.4 Under the Membership Contract we grant you a limited, non-exclusive, revocable licence to view, access, download or print content provided through the Services (Licence). When you download or print any content, you must ensure that all copyright, trade mark and other proprietary notices comprised within that content are retained.
11.5 You shall not assign or sub-licence your rights under the Licence.
11.6 Your Licence does not permit you to:
11.6.1 copy;
11.6.2 amend or modify;
11.6.3 reproduce;
11.6.4 republish;
11.6.5 post;
11.6.6 broadcast; or
11.6.7 transmit
11.7 content or material provided via the Services, use any of our trade marks, or authorise or assist anyone else to do so without our express prior written consent.
11.8 If you breach the terms of this clause 11, we may, in our absolute discretion, terminate your right to use any of our sites immediately and in any event you must, at our option, return or destroy any copies of the materials you have made
12 Liability
12.1 Nothing in these Terms limits or excludes our liability for:
12.1.1 death or personal injury caused by our negligence; or
12.1.2 fraud or fraudulent misrepresentation;
12.2 Subject to clause 12.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.2.1 any loss of profits, sales, business, or revenue;
12.2.2 loss or corruption of data, information or software;
12.2.3 loss of business opportunity;
12.2.4 loss of anticipated savings;
12.2.5 loss of goodwill; or
12.2.6 any indirect or consequential loss.
12.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
12.3.1 use of, or inability to use, our sites; or
12.3.2 use of or reliance on any content displayed on our sites.
12.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on them, or on any website linked to them.
12.5 We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
12.6 Subject to clauses 12.1 to 12.5 above, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the total Subscription Fees paid by you under the Contract in the relevant year.
12.7 You shall remain solely responsible for compliance with your legal duties and obligations, including (but without limitation) in respect of all sales or services provided to your own customers.
12.8 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the content provided through the Services is suitable for your purposes.
13 Communications between us
13.1 When we refer, in these Terms, to "in writing", this will include e-mail.
13.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service to:
Membership Contract
Golden Ponies
5 Trubshaw Close
Tetbury
Gloucestershire
GL8 8GL
United Kingdom
Or, in respect of either company, by e-mail to info@goldenponies.co.uk.
13.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after receipt.
13.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14 Confidential information
14.1 Any non-personal information or material, save for financial information, sent to us will be deemed NOT to be confidential. By sending us any non-personal information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless:
14.1.1 you grant us permission to do so;
14.1.2 we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or
14.1.3 we are required to do so by law.
17 Other important terms
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, 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.
17.6 If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.