Effective Riding Website Terms Of Use.
IMPORTANT NOTICE
1.1 These terms apply to your use of the Effective Riding website www.effectiveriding.co.uk(“the website”).
1.2 These terms should be read in conjunction with the Privacy Policy and Cookies Policy for the website which tells you how we collect and use personal data you provide to us or which we collect.
1.3 By accessing or using the website you confirm you have read, understood and agree to be legally bound by these terms, our Privacy Policy and Cookies Policy in their entirety each time you access the website. If you do not agree to these terms, our Privacy Policy and Cookies Policy, please do not use the website.
INFORMATION ABOUT US
2.1 The website is operated by Emma Malone Equestrian trading name of Emma Malone Equestrian (“we”, “us”, “our”, “I”).
2.2 We are registered in England and Wales and our registered office is at Chesterton Farmhouse, Wrexham Road, Ridley, Cheshire, CW6 9RZ
USE OF THE WEBSITE
3.1 You may use the website for lawful purposes only. You must not use the website in any way that breaches any applicable local, national or international law or regulation or which is in any way unlawful or fraudulent.
3.2 You are allowed to access, print or otherwise use the materials on this site solely for your own personal use, and in accordance with these Terms.
3.3 You must not:
3.3.1 access or print any or all parts of the website for any commercial purpose;
3.3.2 copy (including storing and downloading), distribute, publish, alter, adapt, create derivative works from, or otherwise use the material on the website, either in whole or in part;
3.3.3 remove any copyright, trademark or other intellectual property notices;
3.3.4 use the website to transmit or procure the sending of any unsolicited or unauthorised spam or advertising material;
3.3.5 seek to interfere or damage the website or its content;
3.3.6 frame, harvest or link to the website or its content or use the material on the website, or any part of it, on any other website or social media platform; without first obtaining express written consent from us.
CONTENT AND ONLINE VIDEO STREAMING
4.1 We endeavour to ensure that the material contained on the website is accurate and complete at the date first published. However, we cannot guarantee this and you should recognise that information contained on the website may become out of date over time.
4.2 We reserve the right to alter, remove or update materials and information, including our Online Video Streaming Service, on the website at any time without notice.
4.3 The website and the information contained in it is provided for your use “as is” without any warranty (whether express or implied) of any kind.
4.4 If you wish to access the Online Video Streaming Service you must first register and pay the relevant fee. The fee payable in relation to the Online Video Streaming Service is a monthly subscription which allows you access to the service so long as it is available, subject to any relevant restrictions including those in clause 5.
4.5 Access to the Online Video Streaming Service and other parts of the website is on the basis that you have read and understood the following:
4.5.1 You should always consult your GP before starting any exercise regime to ensure the exercises are suitable for you;
4.5.2 You should not continue to exercise if you feel unwell, experience any pain, discomfort or dizziness;
4.5.3 The exercises contained within our programmes are not suitable for, amongst others, pregnant women and those who have given birth less than six weeks previously.
4.5.4 In the event you should request to cancel your membership, your membership will continue until your next billing date and you will continue to have access to relevant content up until the end of your billing period.
4.5.5 No refunds will be issued if you cancel during your billing period. However, no further payments will be taken at the end of your billing period and access to relevant content will be withdrawn.
AVAILABILITY OF THE WEBSITE
5.1 We reserve the right to suspend access to all or part of the website or close it indefinitely without notice. Access may be terminated or suspended either in relation to specific users or to all users.
5.2 To the extent permitted by law we accept no liability if the website becomes either temporarily or permanently unavailable.
5.3 In addition, we do not warrant that the functions or materials on, or accessed from, the website shall be uninterrupted or free from errors.
RECRUITMENT/SUB-CONTRACTORS
6.1 We do not guarantee that contacting us in relation to a job or sub-contract opportunity via our website will lead to interviews or offers of employment.
CHANGES TO THESE TERMS
7.1 We reserve the right to change these terms at any time without notice.
7.2 It is your responsibility to check the terms regularly in order to be aware of any changes which are made to them.
7.3 By continuing to access the website after the terms have changed, you are agreeing that you have read, understood and agree to be bound by the updated terms.
OWNERSHIP OF THE WEBSITE
8.1 We are the owner or licensee of all intellectual property rights in the website and in the materials which appear on the website. This includes but is not limited to the text, photographs, images, graphics, illustrations, designs, written and other material including the program and code. Our rights include trademarks, copyright, design rights and all other intellectual property rights and all our rights are reserved.
8.2 If you acquire any rights in or to the website or materials on it, you agree to assign those rights, on a worldwide basis, to us and unconditionally and irrevocably to waive all moral rights you may have acquired.
VIRUSES AND HACKING
9.1 We do not warrant that the website, its content or the server(s) that make it available are error or virus free or free of other harmful components or that your use of the website will be uninterrupted. You are accessing the website at your own risk and to the extent permitted by law and subject to clause 13.1 we will not be liable for any loss or damage suffered by you as a result of viruses or other harmful material which you access from the website.
9.2 You are solely responsible for ensuring that you have suitable equipment and security and virus protection in place before using the website.
9.3 You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server computer or data base connected to our website
9.4 You must not introduce viruses, trojan horses, worms, logic bombs, spyware, adware or other harmful materials to the website which may adversely affect the operation of any computer or program or the website.
LINKING TO AND FROM THE WEBSITE
10.1 The website may contain links to sites operated by third parties. We have not reviewed and do not review such sites and are not responsible for the content of nor accept any liability howsoever arising in respect of any of such sites.
10.2 The presence of links to third party sites is not intended to and shall not constitute a recommendation by us of such sites nor of any advice or information posted on them.
10.3 If you wish to provide a hypertext or other link to or from the website, you will first need to obtain our written consent. We have sole discretion to permit or reject any such requests. Requests should be sent to emalone@madasafish.com along with the following information:
10.3.1 the URL(s) of the web page(s) from which you are proposing to link to the website;
or
10.3.2 the URL(s) of the web page(s) on the website to which you are proposing to link and we will consider your request.
PASSWORD
11.1 There are sections of the website which can only be accessed by users who have registered and paid any relevant fees.
11.2 If we do provide you with access, it is your responsibility to ensure that your login details are kept confidential at all times and you must not disclose your password to any third party.
11.3 In the event that a third party gains access to your login details, you should notify us immediately by emailing emalone@madasafish.com. We are not liable for any loss resulting from your failure to protect the confidentiality of your login details.
11.4 We have sole discretion to determine whether or not to allow you access to secure areas of the website and we may suspend your access to this section of the website at any time.
11.5 We reserve the right to disable any user name and password at any time if in our opinion there is a risk of the confidentiality of the password being compromised.
FEEDS
12.1 We may provide information on our website via RSS Feeds. This information is provided solely for the convenience of users and we are not responsible for its content.
12.2 Social Media feeds have been embedded into the website. These feed display comments placed by Emma Malone Equestrian and may also include comments made by other users. Comments posted by other users of social media sites represent the opinion of that individual user only and are not endorsed or verified by us.
OUR LIABILITY
13.1 If we fail to comply with these terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted accessed or used the website and accepted these terms in doing so. We do not accept liability for any loss or damage which was not foreseeable.
13.2 To the extent we may lawfully do so we exclude liability for any implied terms and conditions including those implied by statute, common law or the law of equity.
13.3 However, nothing in these terms shall affect our liability for death or personal injury caused by our negligence, nor our liability for fraud or serious misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
13.4 Nothing in these terms affect your legal rights as a consumer. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
LAWS
14.1 If any of the terms is or becomes invalid or contravenes any law then the remaining provisions shall not be affected.
14.2 It is intended that the website will be used by persons resident in the United Kingdom.
14.3 These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
14.4 No waiver shall constitute a waiver of any other terms. No failure by us to exercise a remedy shall constitute a waiver to subsequently exercise any remedy.
CANCELLATION POLICY FOR CLASSES
15.1 We require 24hrs notice to cancel your session. You may cancel or reschedule via email at emalone@madasafish.com
15.2 To ensure that we receive your cancellation in time, the best way to cancel or to reschedule your class or session is through email (emalone@madasafish.com). If you give us 24 hrs notice, you will not be charged for your session and it will be available to use at another time within the period of purchase. If you neglect to give us 24 hrs notice to cancel or reschedule your booking, it will be treated as having been used, whether or not you attend, and you will not be entitled to a refund or to reschedule. There are no exceptions.
15.3 If we have to cancel your session, for any reason, we will do our best to give you advance notice and in such instances, it will be available to use for another booking. It is your responsibility to make sure we have the best way to contact you to notify you of cancellations.
15.4 You cannot transfer unused sessions or bookings without permission. Such permission will not be unreasonably withheld.
15.5 Class bookings are assigned to individual client accounts and cannot be shared between clients.
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