EquiMind Terms & Conditions of Use

 

Introduction

1.  The EquiMind terms & conditions shall govern your use of our website.
2.   By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. Therefore, please read these terms & conditions carefully and make sure that you understand them, before entering one of our show classes, purchasing a show package subscription, or using any of the Services. Please note that before accessing our services or purchasing a show package subscription, you will be explicitly asked to agree to these terms & conditions. If you refuse to accept these Terms, you will not be permitted to enter our show or to subscribe to any other services through our sites.
3.   If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
4.   Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

Services

1. Subject to your compliance with these Terms, you will have access to the Services provided through our site.
2. Please note that we reserve the right to withdraw or amend the Services we provide on our sites. You acknowledge that this websites 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 either of our sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our sites, or the entirety of our site or sites to users who have purchased a show package subscription.
3. We will make reasonable efforts to keep the services operational at all times. Technical difficulties may result in temporary interruptions to the services.
4. No interruptions to the services shall entitle you to a refund of any payment already made by you.

Registration and accounts

1.   To be eligible for an account on our website under this section, you must obtain parental consent if you are under 18 years of age.
2.  You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
3.   You must not allow any other person to use your account to access the website.
4.   You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.   You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

User login details

1.    If you register for an account with our website, you will be asked to choose a user ID and password.
2.    Your user ID must not be liable to mislead and must comply with the content rules set out in the section “Your Content: Rules”; you must not use your account or user ID for or in connection with the impersonation of any person.
3.   You must keep your password confidential.
4.   You must notify us in writing immediately if you become aware of any disclosure of your password.
5.   You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Personal Information

1. Any personal information or material, sent to us will be deemed NOT to be confidential. By sending us any personal information or material, you grant us the right to store and use this information and material for the show you have entered,
2. You agree that we have the permission to forward your information and material to our appointed officials for the purpose of judging the entered show.
3. Once all show results for the respective month have been published, we will delete all materials other than your personal information and the published results from our data base.
4. From time to time, we will ask you for your written permission to publish some of your materials. We will NEVER publish any materials without your consent.

Cancellation and suspension of account

1.    We may:
   (a)    suspend your account;
   (b)   cancel your account; and/or
   (c)    edit your account details,
   at any time in our sole discretion without notice or explanation.
2.    You may cancel your account on our website using your account control panel on the website.

Show Package Subscription

1. In addition to our free account, we may offer show package subscriptions for the website, details of which are set out on the each individual show package product page, available at: https://equimind.co.uk. These show package subscriptions are forming a binding element of these terms, and are subject to your compliance with these terms. You will have access to all services, content and benefits available to your chosen show package subscription through the website.
2. After your purchase a show package subscription, you will receive a confirmation e-mail from us acknowledging that your subscription has been purchased. Once you have received this e-mail, you will have access to all included services as stated in your subscription contract.
3. We reserve the right to amend, remove and otherwise change the services, content and benefits available to subscribers through our site at any time by providing you with prior written notice. Where you are unhappy with such changes, you may terminate your subscription contract and shall receive a pro-rata refund of your subscription fee calculated from the date of the changes, or the date of notice of cancellation (whichever is the earlier).
4. Your Subscription will last for the initial period of 1 month, from the date you sign up to the Subscription (sign up date), and shall automatically renew each month following the sign up date (renewal date) until terminated in accordance with our termination clause as set out in the following (5.).
5. No termination notice will be accepted earlier than the date 14 days following the sign up date (minimum period). Following the minimum period, you may terminate your subscription contract by providing us with not less than 5 business days’ notice in writing. Where any notice is provided less than 5 business days prior to any renewal date, your subscription contract shall terminate the following month.
6. We may suspend or cancel your subscription at our sole discretion. Except where your subscription 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 subscription period which extends beyond the date of cancellation will be refunded on a pro-rata basis taking into account the benefit of the subscription period for which you have had access to the services.
7. If we decide to increase the basis upon which we charge for our subscription we will provide you with 1 months’ notice, by email to the email address that you registered with this, and you shall have the opportunity to terminate your subscription in response at that point, if you do not wish to receive the subscription upon the new rate. If you do not terminate the subscription Contract in response to our email providing you with notice by your continued use of your subscription you will have indicated that you accept the increased rate and any more up to date terms and conditions that may apply.

Payments

1. You can pay for single show entries using the payment methods listed on our site, and once submitted you will receive a confirmation mail.
2. Alternatively, you can purchase one of our show package subscriptions, which will off you added benefits and access to all included services as stated in your subscription contract.
3. You can only pay for a Subscription 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.
4. After your purchase a show package subscription, you will receive a confirmation e-mail from us acknowledging that your subscription has been purchased. Once you have received this e-mail, you will have access to all included services as stated in your subscription contract.
5. We reserve the right to amend, remove and otherwise change the services, content and benefits available to subscribers through our site at any time by providing you with prior written notice. Where you are unhappy with such changes, you may terminate your subscription contract and shall receive a pro-rata refund of your subscription fee calculated from the date of the changes, or the date of notice of cancellation (whichever is the earlier).

Cancellations

1. You can cancel your show entry or purchase of a show package subscription until 14 days after purchase.
2. EquiMind Ltd. will refund the full purchase amount unless your show entry was purchased less than 14 days before month end. Thereafter, EquiMind Ltd. will refund purchases in exceptional circumstances at the disgretion of the management and reserves the right to deduct incurred costs from the original purchase price.
3. Should a competitor be unable to compete for good reason in the month of entry, EquiMind will allow a show participation in the following month at no additional charge.

Promotions

1. From time to time, we may choose to run promotions for subscribers including specific offers or discount opportunities or competitions via our website or Social Media. In addition to these terms set out above and below, any description and terms of each promotional offer or competition set out on the site shall also apply.
2. If you are using a promotional code online, enter it as requested during the check-out process.
3. All of our competitions are also subject to the terms of entry, particular rules and prize or prizes and any terms relating to that which are specific to that competition. There will be a specified prize, which may be subject to its own terms and conditions which will be set out in the competition terms. Use of such a prize shall constitute acceptance of those terms and conditions. You will be deemed to have accepted these terms and conditions and to have agreed to be bound by them when entering any competition.
4. To the extent that there is any conflict between these terms and the terms of the promotion, then the promotion terms or competition terms (as applicable) will apply.

Copyright notice

1.   Copyright (c) 2024 EquiMind.
2.  Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Licence to use website

1.  You may:
   (a)    view pages from our website in a web browser;
   (b)    download pages from our website for caching in a web browser;
   (c)    print pages from our website;
   (d)    stream audio and video files from our website; and
   (e)    use our website services by means of a web browser,
   subject to the other provisions of these terms and conditions.
2.  Except as expressly permitted in other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.  You may only use our website for your own personal, and you must not use our website for any other purposes.
4.  Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
5.    Unless you own or control the relevant rights in the material, you must not:
   (a)    republish material from our website (including republication on another website);
   (b)    sell, rent or sub-license material from our website;
   (c)    show any material from our website in public;
   (d)    exploit material from our website for a commercial purpose; or
   (e)    redistribute material from our website.
6.   Notwithstanding any other section, you may redistribute our newsletter in print and electronic form to any person.
7.   We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable use

1.    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f)    violate the directives set out in the robots.txt file for our website; or
(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

2.   You must not use data collected from our website to contact individuals, companies or other persons or entities.
3.   You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

Your content: licence

1.   In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
2.   You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.
3.   You grant to us the right to sub-license the rights licensed under section 2 of “Your content: licence”.
4.    You grant to us the right to bring an action for infringement of the rights licensed under section 2 of “Your content: licence”.
5.   You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
6.   You may edit your content to the extent permitted using the editing functionality made available on our website.
7.   Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Your content: rules

1.   You warrant and represent that your content will comply with these terms and conditions.
2.   Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3.   Your content, and the use of your content by us in accordance with these terms and conditions, must not:
   (a)    be libellous or maliciously false;
   (b)    be obscene or indecent;
   (c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
   (d)    infringe any right of confidence, right of privacy or right under data protection legislation;
   (e)    constitute negligent advice or contain any negligent statement;
   (f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
   (g)    be in contempt of any court, or in breach of any court order;
   (h)    be in breach of racial or religious hatred or discrimination legislation;
   (i)     be blasphemous;
   (j)     be in breach of official secrets legislation;
   (k)    be in breach of any contractual obligation owed to any person;
   (l)     depict violence in an explicit, graphic or gratuitous manner;
   (m)   be pornographic[, lewd, suggestive or sexually explicit;
   (n)    be untrue, false, inaccurate or misleading;
   (o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
   (p)    constitute spam;
   (q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or
   (r)    cause annoyance, inconvenience or needless anxiety to any person.

Limited warranties

1.   We do not warrant or represent:
   (a)    the completeness or accuracy of the information published on our website;
   (b)    that the material on the website is up to date; or
   (c)    that the website or any service on the website will remain available.
2.   We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
3.   To the maximum extent permitted by applicable law and subject to section 1 of the “Limited warranties”, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Limitations and exclusions of liability

1.   Nothing in these terms and conditions will:
   (a)    limit or exclude any liability for death or personal injury resulting from negligence;
   (b)    limit or exclude any liability for fraud or fraudulent misrepresentation;
   (c)    limit any liabilities in any way that is not permitted under applicable law; or
   (d)    exclude any liabilities that may not be excluded under applicable law.
2.   The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions:
   (a)    are subject to Section 1 of the “Limitations and exclusions of liability”; and
   (b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
3.   To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
4.   We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
5.   We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
6.   We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.   We will not be liable to you in respect of any special, indirect or consequential loss or damage.
8.   You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Breach of these terms and conditions

1.  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
   (a)    send you one or more formal warnings;
   (b)    temporarily suspend your access to our website;
   (c)    permanently prohibit you from accessing our website;
   (d)    block computers using your IP address from accessing our website;
   (e)    contact any or all of your internet service providers and request that they block your access to our website;
   (f)    commence legal action against you, whether for breach of contract or otherwise; and/or
   (g)    suspend or delete your account on our website.
2.   Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Variation

1.  We may revise these terms and conditions from time to time.
2.  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
3.  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

Assignment

1.   You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
2.   You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

1.   If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2.   If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

1. The EquiMind website is using third party plugins to provide and enhance services. All efforts are made to ensure the compliance with GDPR regulations. Should a third party plugin fail to comply with any regulation, EquiMind’s liability will be excluded.
2. Any contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
3.  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

1.   These terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

1.   These terms and conditions shall be governed by and construed in accordance with English law.
2.   Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Statutory and regulatory disclosures

1.  We are registered in England and Wales, and our registration number is 09977604.

Our details

1.   This website, www.equimind.co.uk, is owned and operated by EquiMind Ltd.
2.   We are registered in England and Wales under registration number 09977604, and our registered office is at 41 Ellis Road, Crowthorne, RG45 6PR.
3.  Our principal place of business is at 41 Ellis Road, Crowthorne, RG45 6PR.
4.   You can contact us:
   (a)    by post, using the postal address given above;
   (b)    using our website contact form;
   (c)    by telephone, on the contact number published on our website from time to time; or
   (d)    by email, using the email address published on our website.

Credit

This document was created using a template from SEQ Legal (http://www.seqlegal.com) as a basis.