Terms & Conditions
HORSEQUEST (WWW.HORSEQUEST.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, browsing or the ability to view the advertising for vehicles, animals, goods and/or services, and registration for a free account which will allow you to upload an advert to www.horsequest.co.uk (Services) provided through our websites to you.
Please therefore read these Terms carefully and make sure that you understand them, before purchasing a Subscription or using any of the Services. Please note that before accessing the Services or purchasing a Subscription you will be explicitly asked to agree 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 HORSEQUEST WEBSITE
HorseQuest acts as a venue which allows users to sell and buy just about anything equestrian, at any time, from anywhere. 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. HorseQuest recommends that you have any horse/pony that you wish to purchase vetted prior to purchase by a professional veterinary surgeon independent from the seller. HorseQuest cannot be held responsible for buyers purchasing horses/ponies that are unsuitable for the capability of the purchaser. Buyers buy at their own risk and must take the appropriate professional advice prior to purchasing.
HorseQuest cannot and does not confirm the purported identity of users or the validity of the information which users post 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 HorseQuest 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 "Submit" button and therefore sent the advert to us, or emailed the advert to one of the Horsequest.co.uk email addresses and you recognize that you have agreed to sell the item and pay the relevant charge for advertising.
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 HorseQuest to use on the web site. HorseQuest 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
If you register for a User ID to enable you to amend or change your advert you are responsible for all actions taken under that User ID. It is your responsibility to keep your User ID safe. You have no right to disclose or transfer your User ID to any other person.
"Your Information" is defined as any information you provide to us or other users in relation to the HorseQuest 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.
1 ADVERTISEMENT CONTENTS
1.1. Contents are only for general information.
1.2. The HorseQuest website 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.
1.3. HorseQuest 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 HorseQuest 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.
1.4. 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.
1.5. 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.
1.6. 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.
1.7. All standard adverts are for one horse, pony, vehicle or item / service only and no substitutions are allowed. Horsequest will disallow substitute adverts.
1.8. All adverts must be marked at Private or Trade via the “P” or “T” designation. We may immediately suspend or terminate the contract and remove an advert if we believe you to be a trade seller masquerading as a private seller – See TRADE ADVERTISING below
19. All liability is excluded to the extent permitted by law including any implied terms.
2 PHOTOGRAPHS
2.1. 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 HorseQuest to use on the web site. HorseQuest cannot be held responsible for any issues arising due to copyright protection on photographs. Photographs under dispute will be removed.
3 WEBSITE LINKS
3.1. HorseQuest 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 HorseQuest in any way. If the web site being linked to offers, accepts, promotes or is associated with another web site that supplied online advertisements from third party advertisers the web site link will be rejected.
3.2. If an advertiser is found to amend or alter their web site to offer third party online pet classified after the processing of their advertisement then HorseQuest has a right to immediately withdraw their web site link without warning and no refund will be given. If HorseQuest rejects a web site link as it is infringement with the terms and conditions prior to processing the advertisement a full refund will be made.
3.3. The website address stated in the advertisement must be the web site address that the link points to. Redirection of web site links to a different web site will not be accepted. Any adverts submitted to HorseQuest with references to the following in the description of the advertisement will have the information removed without notification before the advertisement is processed. This will be at HorseQuest's discretion.
* References to websites
* Links to websites
* Details of companies in competition with HorseQuest
3.4. You should note that certain links on the site lead to resources located on servers maintained by third parties over whom we have no control and accordingly we accept no responsibility or liability for any of the material contained on those servers.
4 REFUSAL OF ADVERTISEMENTS
41 HorseQuest accepts advertisements at its own discretion. HorseQuest has a right to reject any advertisments if it does not comply with the terms and conditions of advertising. HorseQuest does not have to justify its reasoning for the rejection of any advertisements.
4.2 If an advertiser is stopped from advertising on the web site for whatever reason (which HorseQuest does not have to justify), they will receive notification of this in an email or by letter. The advertiser must then not submit advertisements to HorseQuest, this includes advertisements submitted from their companies or businesses, companies or business associated to them or any person submitting adverts on there behalf. If after notification of HorseQuest decision to no longer allow their advertisements any advertisements submitted to HorseQuest which are submitted from them, their companies or businesses, or any person submitting advertisements on there behalf will be dealt with as follows.
4.3 If the advertisement is processed and it then comes to light that the advertisement is related to or has been submitted on behalf of the banned advertiser, the advertisement will be immediately withdrawn and no refund will be made.
4.4. Horsequest reserves the right to remove any disputed advert involving but not exclusive to police and or trading standards investigations.
4.5. If an advertiser does not comply with HorseQuest Terms and Conditions of Advertising HorseQuest will withdraw any advertisers advert from the web site without warning and no refund will be made.
4.6. All standard adverts are for one horse, pony, vehicle or item / service only and no substitutions are allowed. Horsequest will disallow substitute adverts.
5 TRADE ADVERTISING
5.1 If you are a trader acting in the course of your business, you are not permitted to place any advert as a private advert and/or otherwise pass yourself off as a private seller. The Consumer Protection from Unfair Trading Practices Regulations 2008 requires all adverts placed by people who seek to sell goods in the course of business to make the fact clear. This requirement applies whether the advertiser is acting on his own behalf, or for some other person. Customers should be able to tell whether an advert relates to a sale by a trade or private seller. It is the responsibility of the advertiser to comply with the Regulations. If you are a trader acting in the course of your business, it is an offence, for which you may be prosecuted, not to advertise the fact that you are a trader.
5.2 We may, in our sole discretion, remove any advert that has been placed as private which we reasonably believe has been placed by a trader acting in the course of a business. In such circumstances, you will not be entitled to any refund for the advert in question and you may be charged an administration fee by us.
6 YOUR RIGHT TO CANCEL
6.1 Please note that the digital advertising package provided by Horsequest is a bespoke package, tailored to your requirements. By submitting your advert to us for publication, you are requesting Horsequest to create and publish your advert, Horsequest will have fully performed our advertising service once your advert goes live on Horsequest. This means that you will lose the right to cancel your advertising package once the advert is live, and you will not be entitled to a refund if you wish to remove your advert.
6.2 By submitting your advert for publication, you acknowledge that your right to cancel your advertising package contract at no cost to you will be lost and you will not be entitled to a refund.
6.3 An advert can be removed at any time by you, for example to avoid unwanted responses but no refunds will be given.
PRIVACY POLICY
Horsequest (UK) Limited are committed to protecting and respecting your privacy.
This policy (together with our terms and conditions any other documents referred to on it) 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.horsequest.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), Horsequest (UK) Limited (company number 07103122) registered office address of 8 King Edward Street, Oxford, OX1 4HL is a data controller in respect of your personal data.
Information we collect from you
Horsequest (UK) Limited will collect and process the following data about you where you are using or registering to use our site as an advertiser.
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.
We use the following cookies:
• .ASPXAUTH: Only used when someone has logged in, and generated by the .NET framework.
• ASP.NET_SessionId: Used for every session, and is generated by .NET framework
• Google Analytics together with
o _ga: generated by Google Analytics
o _gat: generated by Google Analytics
oldPaging: may be used to determine if infinite loading of adverts or pagination should be used for returning users.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
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.
Uses made of the information
Horsequest (UK) Limited will share any personal data we collect about you the purposes set out in this privacy policy.
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, products and services that you request from us;
· to provide you with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which you have already purchased or enquired about. If you are a new customer we will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way please tick the relevant box situated on the form on which we collect your data (the registration form);
· 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:
· our website developer, Elypsis Pty Ltd, for the purposes of storing your information and supporting and improving our website;
· Rackspace, for the purposes of hosting your website and storing your data including in our content management system.
· Dot Mailer, 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
Where you place on advert on our site, we will publish the contact details that you provide in relation to that advert on our site for the purposes of allowing interested third parties and potential purchasers to get in touch with you directly. 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 Horsequest (UK) Limited 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 www.horsequest.co.uk/13/terms-conditions and other agreements; or to protect the rights, property, or safety of Horsequest (UK) Limited, our customers, or others.
Our site uses Braintree 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 Sage Pay and we will not collect or process any of your financial or payment information. Braintree's own privacy policy 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 Rackspace.
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.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at enquiries@horsequest.co.uk
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
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.
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 enquiries@horsequest.co.uk or Horsequest UK Ltd, Unit 8 Southill Business Park, Cornbury Park, Charlbury, Oxfordshire OX7 3EW.
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 enquiries@horsequest.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 “Horsequest” is our registered 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 User Contract and the Subscriber 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:
User Contract
Horsequest (UK) Limited
Unit 8 Southill Business Park
Cornbury Park
Charlbury
Oxon
OX7 3EW
United Kingdom
Or, in respect of either company, by e-mail to enquiries@horsequest.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.
15 Promotions and Competitions
15.1 From time to time, we may choose to run promotions for subscribers including specific offers or discount opportunities (Promotional Offers) or competitions (Competitions) via our sites. 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 (Promotion Terms or Competition Terms) shall also apply.
15.2 All of our Promotional Offers are also subject to the following specific terms and conditions:
15.2.1 Promotional Offers are only valid for individual advertisers and may not be used by commercial advertisers.
15.2.2 Promotional Offers may only be used against full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated;
15.2.3 Promotional Offers are valid for a limited period of time as specified in the original marketing communication containing the Promotional Offer and cannot be used outside of that period;
15.2.4 Promotional Offers are valid online and on telephone orders;
15.2.5 discounts are not redeemable against any advertised products, unless specifically stated otherwise in the Promotion Terms;
15.2.6 if any purchase subject to a Promotional Offer is refunded for any reason, we will only refund the amount actually spent, taking into account the total discount given under the Promotional Offer;
15.2.7 if you are ordering on the telephone, please confirm to our representative about the Promotional Offer you are seeking to use before concluding your order. Please note that no Promotional Offer can be applied retrospectively; and
15.2.8 all purchases are subject to availability and we reserve the right to withdraw, amend or extend Promotional Offers at any time.
15.3 To the extent that the Promotional Offer in question involves the supply of a code which can be used to apply a discount if your order meets the terms of the Promotional Offer (Promotional Code), the following additional terms and conditions apply:
15.3.1 Promotional Codes cannot be used in conjunction with any other offer unless otherwise stated in the Promotion Terms;
15.3.2 if using the Promotional Code online, enter it as requested during the check-out process;
15.3.3 Promotional Codes are for use by the intended recipient only and proof of entitlement to use a Promotional Code may be requested; and
15.3.4 All orders using Promotional Codes are subject to our acceptance and any improper use of Promotional Codes may result in the cancellation of your order.
15.4 All of our Competitions are also subject to the terms of entry, particular rules and prize or prizes (and any terms relating to that) that are specific to that competition, in addition to which every competition should be considered to incorporate the following specific terms and conditions:
15.4.1 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.
15.4.2 You will be deemed to have accepted these terms and conditions and to have agreed to be bound by them when entering any Competition.
15.4.3 Entries can be made by filling in your name, address and email on the Competition entry form and confirming the answer to the competition question on our sites. Entries that are lost, incomplete, illegible or indecipherable, in our sole discretion, will not be valid and you will be disqualified.
15.4.4 Each entrant may enter the Competition only once. No purchase is required.
15.4.5 Entrants must be residents of the United Kingdom and aged 18 or over. We may need to see proof of age. Providing any false details will result in disqualification, and the immediate withdrawal of any prize entitlement.
15.4.6 Competitions are not open to our employees, agents or their families.
15.4.7 We reserve the right to cancel or change the Competition Terms at any stage, if deemed necessary in our sole opinion.
15.4.8 We cannot guarantee that the prize will be free from disruptions, failings and/or errors, and we cannot be held to be liable for any act or omission of the prize provider, and you now agree not to hold us at fault for any act or omission of the prize provider.
15.4.9 Our decision is final and no correspondence will be entered into.
15.4.10 In consideration of being awarded the prize, the winner may be required by us to take part in publicity related to the prize, and you now confirm that you will take part in such publicity if you are a winner. Such publicity may include, without limitation, use of your name, using photographs of you taken by us at and/or in relation to any prize event, and statements made by you concerning the prize which we can use in our marketing.
15.4.11 We will not in any circumstances be responsible or liable to compensate a prize winner or accept any liability for any loss or damage occurring as a result of taking up a prize, except where it is caused by our negligence.
15.4.12 We take our data protection and privacy responsibilities seriously, and entrant information will only be used in accordance with our Privacy Policy.
15.5 To the extent that there is any conflict between these Terms and the Promotion Terms or Competition Terms (as applicable), then the Promotion Terms or Competition Terms (as applicable) will apply.
16 Other sites
16.1 When you visit or purchase from a website affiliated with us or linked to one of our sites, your use of such other site is at your own risk and you will be subject to the terms and conditions of use applicable to such other site (including, without limitation, such website's privacy policy). We are not responsible for examining or evaluating, and in no way make any endorsement, warranty, or representation relating to, the content of any such other website, and will not be responsible or assume any liability for the actions, products, services, or content of any such other site or its related businesses.
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.