Terms of Business
General Terms & Conditions in respect of Membership and Advertising with Irish Horse Gateway
Issue Date: 19TH April 2013
These Terms & Conditions together with our other legal policies govern your use of the Irish Horse Gateway website (“the Gateway Site”) and your membership or advertising account with the Irish Horse Gateway and your relationship with Horse Sport Ireland (Export) Limited (“the Company”, “we” or “us”) as the proprietor and promoter of the Irish Horse Gateway. Please read them carefully as they affect your rights and liabilities under the law. If you have any questions on the Terms & Conditions or our other legal policies, please contact us. By visiting the Gateway site and again each time you do so, you agree you are accepting these terms and conditions and our other legal policies and any amendments thereof from time to time.
1. Irish Horse Gateway
1.1 Irish Horse Gateway is a web portal based scheme initiated and currently operated by Horse Sport Ireland (Export) Ltd as a platform primarily for the advertising for sale of horses and ponies.
1.2 As a prospective seller of horses and ponies you may apply to be registered to participate by way of posting advertising data on the Gateway Site in any of the following capacities:
(1) Member
(2) Non member advertiser (“advertiser”)
(3) Such other forms or categories of use or participation as we may
from time to time determine and prescribe.
1.3 The principal characteristics and incidents of each type of participation including inter alia details re permitted duration of display of advertisements, charges etc shall be as displayed on the Gateway Site and may be reviewed from time to time. Each type of participation shall be subject to strict compliance by the participant with the Irish Horse Gateway Code of Conduct and these Terms and Conditions and our other legal policies, as may be revised from time to time.
2. Registration as a Member of the Irish Horse Gateway
and/or to use the Gateway Site
2.1 No application by you for registration as a member, advertiser or otherwise will be deemed to be accepted by us unless and until we formally accept your application in writing. Acceptance is at our sole discretion and may be refused by us.
2.2 To be registered to participate in the Gateway Site you must:-
2.2.1 be over eighteen years of age in the case of an individual, or in the case of a partnership or other grouping of individuals, be each over eighteen years of age, and have full legal full capacity to enter into and comply with these Terms & Conditions;
2.2.2 in the case of a body corporate be duly incorporated and of good standing in the country of incorporation, and have full capacity to enter into and comply with these Terms & Conditions;
2.2.3 have duly completed the prescribed application for registration or renewal of registration as appropriate and made payment of the prescribed fee and the application must have been duly accepted by us;
2.2.4 provide us with and at all times maintain a valid working e/mail address at your business location or principal private residence as registered for the time being with us.
2.3 You irrevocably authorise us to contact you and communicate with you and to forward such information or documentation as we may deem fit or require to you at your email address or other addresses provided by you; if more than one address is provided, we may use any one or more of the addresses at our sole discretion. Where the registered member/advertiser comprises more than one person you agree that the notice and sending of information by us to any one person shall be deemed to constitute the sending of notice and information to all persons comprising the member or advertiser as the case may be.
2.4 You must ensure that the data provided by you on registration or at any time and as shown or recorded by us is correct up to date and complete.
2.5 You must inform us in writing immediately of any changes to any information that you provided when registering or at any time to ensure that any information remains accurate and up-to-date.
2.6 All data must be supplied by you in such format and in accordance with such specifications as we may advise (or vary) from time to time.
3. Password & Security
3.1 When you register to use the Gateway Site you may be assigned a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us immediately.
3.2 If we have reason to believe that there is likely to be a breach of security or misuse of the Gateway Site, we may require you to change your password or we may suspend your membership of and/or advertising account with Irish Horse Gateway and your access to the Gateway Site.
4. Application of Terms and Conditions and Code
4.1 The Gateway Site is provided to you for use by you, as a registered participant with the Irish Horse Gateway, for advertising horses and ponies for sale is subject to these Terms & Conditions and the Irish Horse Gateway Code and our other legal policies from time to time as shown on the Gateway Site or otherwise notified to you.
4.2 By applying for registration as a participant and again by using the Gateway Site and on each occasion you access or use the Gateway Site in any capacity you agree to be bound by these Terms & Conditions, the Irish Horse Gateway Code of Conduct and our other legal policies from time to time.
4.3 As a condition of participation with Irish Horse Gateway you agree in particular at all times to comply with and be bound by the Irish Horse Gateway Code of Conduct.
4.4 Amendments
We may update revise add to or otherwise change these Terms & Conditions and the Code of Conduct and our other legal policies from time to time for legal or regulatory reasons or commercial reasons or to allow the proper or improved operation of the Gateway Site for or such other purpose or reason as we may at our absolute discretion deem appropriate. Any such changes shall be posted on the Gateway Site or may be notified to you by such other means as we deem fit. The changes will apply to the use of the Gateway Site from such date or dates as we may indicate or in default of indication will apply from the date of posting thereon on the Gateway Site. If you do not wish to accept the new Terms & Conditions or other legal policies you should not continue to use the Gateway Site. If you continue to use the Gateway Site after the date on which the change comes into effect, your use of the Gateway Site indicates your agreement to be bound by the Terms & Conditions and other legal policies as so changed.
5. Operation of the Gateway Site
5.1 The object of the Gateway Site is provide an internet display service for displaying details of horse or ponies offered for sale by members or other advertisers or for advertising such other services or displaying such information as we may at our absolute discretion decide from time to time.
5.2 We will on request advise you from time to time of the normal anticipated time periods for display or updating of data from time to time submitted and input by you for the Gateway Site. We may at our absolute discretion require a delay of display for pre-screening, review, editing or other purposes without any obligation on us so to pre-screen review or edit.
5.3 We may change from time to time the specification and format in which you may be required to provide your data; we shall notify you where practicable in advance of any such change.
5.4 It shall be your obligation to directly receive collect and deal with all visitor user enquiries arising from the display of your advertising data on the Gateway Site. You will ensure and procure that as far as within your power that all enquiries and requests for information in respect of horses advertised by you on the Gateway Site are directed to you and not to the Irish Horse Gateway. We will not nor should we be obliged to forward details of any user enquiry received by us.
5.5 Subject to the terms hereof we will provide access for you to vary or remove your data during such hours as we may from time to time advise. Your data will be displayed on the Irish Gateway for such period or periods as we may from time to time stipulate or determine in accordance with our charging or other display policies as may be notified from time to time to you or shown on the Gateway Site.
5.6 It shall at all times be your sole responsibility to review for accuracy your data displayed on the Gateway Site and insofar as may be permitted by law we accept no responsibility and shall have no obligation or liability to edit verify or review your data; provided we may at any time at our absolute discretion edit amend or remove your data. We may at any time change the layout, format, appearance, functionality, tabbing and sequence of display of your data. We shall endeavour to notify you, and in advance where we deem it practical and appropriate, of any such editing, amendment, removal or change or alteration.
5.7 Although we may from time to time have requirements (in addition to any pursuant to the other terms hereof) advice or recommendations in respect of content format location and presentation of your data on the Gateway Site we shall not be thereby deemed to have or incur any liability or to make any representation or warranty or to have any expertise whether in respect of website content design or display formatting marketing and sale or otherwise, save as may be mandatorily implied by applicable law.
5.8 Although we aim to offer you the best service possible, we make no promise that the services at the Gateway Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Gateway Site you should report it to us at our contact details as shown on the Gateway Site and we will attempt to correct the fault as soon as we reasonably can.
5.9 Your access to the Gateway Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
5.10 The format layout presentation aims and purposes of the Gateway Site will be kept under review by us and may be altered by us in whole or part from time to time as we may in our absolute discretion decide; you accept and acknowledge that no representation is made my us that the Gateway Site will be maintained or operated in any particular way or with any particular content format design layout purpose or functionality.
6. Your Use of the Gateway Site
6.1 You agree not to use the Gateway Site for any of the following purposes:-
6.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
6.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
6.1.3 interfering with any other person’s use or enjoyment of the Gateway Site;
6.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
6.1.5 for the advertising or promotion of anything other than horses or ponies solely owned by you or in respect of which you have irrevocable authority in respect of the advertising and sale thereof in accordance with the material supplied by you for publication on the Gateway Site;
6.1.6 for any purpose other than the bona fide offering for sale of horses and ponies in accordance with the material furnished by you for input for and publication on the Gateway Site;
6.1.7 for inputting or disseminating any material which may be in breach of any law or code applicable to advertising and sale whether those laws or codes and standards apply exclusively or non-exclusively to advertising or sale of horses or ponies or goods or services generally;
6.1.8 for any purpose or in any manner which may be in breach of the Irish Horse Gateway Code of Conduct;
6.1.9 in breach of any intellectual property or third party right or entitlement of any kind;
6.1.10 in any manner which may render us liable to any claim of loss or damage whatsoever;
6.1.11 for transmission or use or dissemination of any material which is misleading, out of date or inaccurate;
6.1.12 for inputting transmission or use of material which may or would if incorporated in a contract of sale of the horse or pony to which it refers give rise to or constitute a material breach of any condition therein implied by any applicable law;
6.1.13 for input use or dissemination of any material which contains any software or programme which may adversely or without relevant consents affect damage or disable in any way our or any third party hardware or software or other information technology resources or property or which may collect;
6.1.14 without our express written consent for input use or dissemination of any material which includes any software or programme which collects or records data about us any user accessing the Gateway Site or any other third party.
6.2 YOU AGREE, CONFIRM, REPRESENT AND WARRANT:-
6.2.1 that you are aware accept and acknowledge that although the Irish Horse Gateway has been initiated by us with the support of Horse Sport Ireland, that Horse Sport Ireland makes no warranty, representation or endorsement or shall have any liability or responsibility in respect of the Irish Horse Gateway or the Gateway Site or any aspect thereof or any matter or material relating thereto or the contents members subscribers users or advertisers thereof and we are sole proprietors of the Irish Horse Gateway and the Gateway Site;
6.2.2 that you are aware and acknowledge that no representation or warranty is or has been made by Horse Sport Ireland that it will continue as our parent company, and that our ownership and control may at any time be transferred to third parties;
6.2.3 that you are aware and acknowledge that no representation or warranty has been made that the control or ownership of Irish Horse Gateway and the Gateway Site shall remain with us and that ownership and control may at any time be assigned of and disposed of by us to a third party;
6.2.4 that all material provided by you for use in dissemination or display on the Gateway Site will at all times be kept up to date, accurate and comprehensive and you will comply with all laws applicable to advertising, sale and marketing whether generally, or specifically in respect of horses and ponies;
6.2.5 that you will comply fully with your obligations under the Data Protection Acts 1988-2003 and data protection legislation from time to time in force in respect of any data which we may supply to you or which may be obtained by you pursuant to your membership or use of the Gateway Site or advertising of horses thereon or any transactions entered into subsequent to and pursuant to advertising of any horses thereon;
6.2.6 that you will ensure that all data supplied by you in connection with the Irish Horse Gateway or the Gateway Site complies with the Data Protection Acts 1988-2003;
6.2.7 that all data supplied by you and when appearing or published or disseminated on the Gateway Site will not breach any contract or infringe any copyright or other intellectual property rights or third party rights of any kind;
6.2.8 that you acknowledge and are aware that we make no representation as to the proposed duration of the Irish Horse Gateway or the Gateway Site or as to the maintenance of either in their current or any other form;
6.2.9 that all data relating to you or any horses or ponies offered for sale by you and all other material displayed on the Gateway Site is fully upto date comprehensive and accurate in all respects and not such as may be likely to deceive or mislead any person and to advise us in writing in accordance with our requirements of any changes required to rectify any error or deficiency therein.
6.3 You agree to indemnify us in respect of all claims, losses, costs, demands, damages, expenses or liabilities whatsoever arising out of or in connection with any breach of these Terms & Conditions or any of our other legal policies by you or relating to any data or other material which may be published displayed or disseminated by us on the Gateway Website on your behalf or at your request or pursuant to data supplied by you.
7. Gateway Logos, Intellectual Property
7.1 You agree that you will not, and you agree to ensure and procure that all third parties within your reasonable power and procurement will not, use any of the Gateway Logos, make any reference to Irish Horse Gateway or the Gateway Site in any advertising, promotional, website or other material or manner except strictly in accordance with our prior written consent and such terms and conditions (in addition to the terms and conditions hereof, and the Irish Horse Gateway Code of Conduct), as we may from time to time require, whether by specific notification to you or by way of such more generally applicable terms and conditions as my be displayed by us on the Gateway Site or otherwise published.
7.2 The content of the Gateway Site is protected by copyright, trademarks, database rights and other intellectual property rights. You may retrieve and display the content of the Gateway Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Gateway Site without written permission from us.
8. Your data and Intellectual Property Consents
8.1 Without limiting any implied consent which you may be deemed to give or have given by becoming a member of or advertiser with the Irish Horse Gateway you (a) hereby consent to and grant and (b) agree to furnish all such further necessary and appropriate authorisations, consents and approvals as may be (and in addition to any specific consents, licences and approvals herein contained and other than those required under Data Protection legislation) reasonably required by us to ensure the full and unhindered use by us for all purposes in connection with Irish Horse Gateway all data obtained by or submitted to us by you or on your behalf.
8.2 YOU HEREBY LICENCE us by way of non exclusive licence for all purposes in connection with the Irish Horse Gateway as we may in good faith determine from time to time to the extent of any copyright or other intellectual property rights you may hold all such data and material referred to in the foregoing subparagraph for use for any one or more of the Irish Horse Gateway purposes, or the purposes of the Gateway Site as determined or required from time to time in good faith by us.
8.3 YOU HEREBY WAIVE AND DISCHARGE to the extent lawful any right of confidentiality or any similar right of privacy that may apply which might otherwise restrict the proper use by us of any such data, materials or information in the foregoing subparagraphs for the Irish Horse Gateway purposes, or the purposes of the Gateway Site, as determined in good faith from time to time by us.
8.4 YOU AGREE AND CONSENT to the use and transfer to us for use and processing by us without obligation at our sole discretion for the Irish Horse Gateway purposes, or the purposes of the Gateway Site, as determined in good faith from time to time by us of information relating to you or any horses or ponies owned or indicated by you as being for sale by you or relating to you or from time to time held by Horse Sport Ireland or the Irish Horse Board or in the Department of Agriculture, Food & the Marine.
9. The Company’s Right to Suspend or Cancel
9.1 We may suspend or cancel your registration membership and/or your access to the Gateway Site immediately at our absolute discretion or if, in our opinion, you breach any of your obligations under these Terms & Conditions or any of our legal policies or if any data input or sought to be input by you may be likely to cause you to be in breach any of those obligations.
9.2 You may cancel your registration or membership as member or advertiser of Irish Horse Gateway or the Gateway Site at any time by informing us in writing. If you do so, you must stop using the Gateway Site.
9.3 The suspension or cancellation of your registration and your right to use the Gateway Site shall not affect either party’s accrued rights, entitlements or obligations.
9.4 We may at any time suspend whether temporarily or indefinitely or terminate the Irish Horse Gateway Scheme and the Gateway Site.
10. Disclaimer, Indemnity
10.1 You agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection with or caused by any breach by you(including without limiting the foregoing any act omission or circumstance giving rise to your being deemed to be in breach) of these terms and conditions or the Irish Horse Gateway Code of Conduct or any of our legal policies from time to time or otherwise arising or pursuant to your use of the Gateway Site or data created or submitted by you for use on the Gateway Site.
10.2 Without limiting the foregoing you agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection with or caused by any breach or alleged(by any third party) breach by you(including without limiting the foregoing any act omission or circumstance giving rise to your being deemed or claimed (by any third party) to be in breach) of any duty liability or obligation to any third party or of any third party right or entitlement arising out of or in respect of or otherwise in connection with any material or data supplied to us by you or on your behalf or created or displayed by us at your request or with your acquiescence or otherwise input or submitted by you or on your behalf on or in connection with Irish Horse Gateway or the Gateway Site or in connection with any dealings you may at any time have with any third parties in respect of any matter or circumstance relating in any way to or data at any time displayed on the Irish Horse Gateway or the Gateway Site.
10.3 The Gateway Site provides content from other Internet sites or resources and while we may at our discretion try to ensure that material included on the Gateway Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Gateway Site we will attempt to correct the inaccuracies as soon as we reasonably can.
10.4 Except in respect of any liability we may have or limited under any applicable laws we shall not be liable to you for any breach of contract, duty or for any reason in connection with the use or operation of Irish Horse Gateway or the Gateway Site or any data from time to time displayed thereon or related thereto for loss of profit, indirect, special or consequential loss, damage, cost or expenses or compensation whatsoever which you may suffer or incur or which you may be liable for to any third party.
10.5 The provisions of this clause shall not limit our liability for death or personal injury except to the maximum extent permitted by applicable law.
10.6 To the extent permitted by law the you hereby acknowledge, agree and confirm that we shall not have any liability or responsibility in respect of any error or omission in connection with the use, processing displaying or publication of any data or other material supplied by you or any loss or damage thereby incurred by any person; provided that upon being made aware of any error we shall procure the making good of such error as soon as practically possible and insofar as is within our reasonable power.
10.7 The benefit of this clause shall be deemed to be for our benefit and also severally to the maximum extent permitted by law for Horse Sport Ireland and for each of our and their officers and employees, and for such other person or persons as we may at any time nominate in writing, as if each of them were party hereto.
11. Third Party Websites
11.1 As a convenience to customers, the Gateway Site includes links to other websites or material which are beyond its control. The Company is not responsible for content on any site outside the Gateway Site.
11.2 You may not link to our Website without our prior specific written consent and upon such terms and conditions as we may require. We reserve the right to withdraw any linking permission so granted without notice.
12. Advertising & Sponsorship
12.1 The Gateway Site may contain third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Gateway Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
13. Applicable Law, Complaints, Dispute Resolution
13.1 These Terms & Conditions will be subject to the laws of Ireland and you irrevocably submit to the non-exclusive jurisdiction to the Courts of Ireland.
13.2 In the event that you have at any time a complaint dispute grievance with us or claim against us in relation to any matter arising out of or in connection with this Gateway Site you agree in the first instance before seeking any judicial or other remedy (but without prejudicing your right of access thereto) to furnish full and comprehensive details (including such further details and information as may be reasonably requested by us)of the complaint dispute grievance or claim to the Chairman for the time being of our parent company, Horse Sport Ireland for investigation and if he shall deem fit to make a recommendation for resolution thereof. Any such recommendation shall not bind you or us, or be admissible against either you or us in any legal proceedings, unless you and we agree in writing to accept the recommendation.
14. International Use
14.1 We make no promise or representation that materials on the Gateway Site are appropriate or available for use in or advertising or display to locations outside Ireland, and for accessing the Gateway Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Ireland, you do so on your own initiative and are responsible for compliance with local laws.
14.2 If you choose to use the Gateway Site for advertising to persons and locations outside Ireland, you must ensure that you comply with all relevant local laws.
15. Termination
15.1 We may at any time terminate our contract (and your membership of the Irish Horse Gateway) with you by notice to you. In the event of termination we shall not be obliged to refund any charges on subscriptions or advertising fees paid by you save and in accordance with such repayment policy (if any) as we may from time to time determine or save to the extent of that restriction of any such liability to repay would be unlawful.
15.2 You may at any time terminate your contract (and membership) with us by notice in writing to us at the contact details provided by us from time to time on the Gateway Website. Upon termination you shall not be entitled to repayment of all or part of any subscription or advertising fees or charges paid by you save as we may from time to time at our discretion determine and save to the extent that any exclusion of repayment may be unlawful.
16. Miscellaneous
16.1 You may not transfer your membership of Irish Horse Gateway or any of your rights under these Terms & Conditions or any of our legal policies to any other person. We may transfer our rights under these Terms & Conditions and any of our other legal policies to any other person as we may deem fit and to another business where we reasonably believe your rights will not be affected.
16.2 If you breach these Terms & Conditions or any of our other legal policies and we chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms & Conditions and any of our other legal policies.
16.3 We shall not be responsible for any breach of these Terms & Conditions or any of our other legal policies caused by circumstances beyond our reasonable control.
16.4 The Gateway Site is owned and operated by Horse Sport Ireland Export Limited, 1st Floor Beech House, Millennium Park, Osberstown, Naas, Co. Kildare.
16.5 If you have any queries please contact us at our contact address as shown from time to time on the Gateway Site.
18. Payment
18.1 Payment by you of membership, subscription and advertising fees shall be made in accordance with such provision for payment and rates and charges as we may from time to time determine and publish on the Gateway Site.
18.2 Interest shall accrue on any sums due and unpaid by you hereunder at the rate per centum per day which shall exceed by 0.001 per centum the rate of interest for the time being chargeable under Section 1080 of the Taxes Consolidation Act 1999 (or such other rate of interest as may from time to time be chargeable upon arrears of tax which rate of interest shall be duly adjusted if necessary for expression as a rate per day) or 10% per centum per annum whichever rate is greater when calculated on a per annum basis.
19. Interpretation
In these Terms and Conditions, the following terms shall be deemed to have the following meanings:-
“the Company”, “we”, “us”, “our” and expressions of a similiar nature mean and refer to Horse Sport Ireland (Export) Limited.
“Gateway Site” means the website www.irishhorsegateway.ie.
“participant” means a person who has applied for and been duly accepted in accordance with the terms hereof to be a registered member featured seller or advertiser with Irish Horse Gateway.
“Irish Horse Gateway” means the scheme for advertising Irish horses and ponies by way of a Portal known as Irish Portal www.irishhorsegateway.ie.
“data” includes any type of data, information or material in any form or medium.
“legal policies” means the within Terms and Conditions, the Irish Horse Gateway Code of Conduct, the general terms of access to the Gateway Site any Privacy Statement or Policy and any other terms and conditions stated to be applicable to use or access to the Gateway Site or governing the terms of advertising thereon as may be displayed by us from time to time on the Gateway Site or otherwise notified to you.
“Irish Horse Gateway Code of Conduct” means the Code of Conduct governing membership of the Irish Horse Gateway as displayed from time to time on the Gateway Site or otherwise published by us.
“Gateway Logos” means the name “Irish Horse Gateway” and any representations or variations thereof or any reference to Irish Horse Gateway or the Gateway Site or any domain names, web addresses, trademarks, service marks, business names or goodwill related thereto.
General Terms & Conditions of Access to Website Portal www.irishhorsegateway.ie
These Terms & Conditions together with our other legal policies enforcement at the time govern your access to the Irish Horse Gateway website www.irishhorsegateway.ie (“the Gateway Site”) and your relationship with Horse Sport Ireland (Export) Limited as the proprietor and promoter of the Irish Horse Gateway (“the Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you have any questions on the Terms & Conditions or on any of our legal policies, please contact us. By visiting the Gateway Site and on each occasion you visit the Gateway Site you are accepting these terms and conditions and our other legal policies as amended from time to time.
Irish Horse Gateway
Irish Horse Gateway is a web portal initiated and currently operated by Horse Sport Ireland (Export) Ltd as a platform for the advertising for sale of horses and ponies.
Other than the provision and maintenance of this Website, Horse Sport Ireland (Export) Ltd does not have any input into the content of advertising in the Gateway Site and does not verify the content of the statements made therein.
The content of advertising in the Website is at all times the sole responsibility of the seller/advertiser who has input the content and we do not accept responsibility for any errors, omissions or inaccuracies in the same nor do we warrant or represent any of the content of the Gateway Site is accurate, fair or complete in relation to the horses or ponies illustrated or referred to therein.
In relation to any horse or pony or other product or service advertised for sale or otherwise on the Gateway Site, you agree to inspect, examine and assess the horse, product or service which you may wish to purchase and satisfy yourself as to its description and suitability.
We have not and shall not be deemed by you to have verified or investigated or in any way to guarantee or endorse the accuracy of any statement, covenants or representations made by any person in respect of any horse or pony advertised on the Gateway Site or otherwise.
Application of Terms and Conditions and Code
The Gateway Site is provided to you for use by you subject to these terms & conditions, the terms and conditions in respect of Irish Horse Gateway membership and advertising, the Irish Horse Gateway Code and our other legal policies from time to time as shown on the Gateway Site or otherwise notified to you.
By accessing the Gateway Site in any capacity and on each occasion that you do so, you agree to be bound by these Terms & Conditions and our other legal policies from time to time.
Draft Horse/Pony Sale Contract
As a facility to prospective Sellers and Buyers using the Irish Horse Gateway, we have provided on the Gateway Site a draft of a contract for the sale of a horse/pony. The draft contract is provided as a general suggested form only, for consideration by the Seller and Buyer and due adaptation in accordance with their requirements for the particular transaction. The form is not a substitute for legal advice. Appropriate advice should be taken in relation to the details of any contract and the laws applicable. The draft contract is made available on the express condition and understanding that neither Horse Sport Ireland nor
Horse Sport Ireland (Export) Ltd nor the Irish Horse Gateway Portal nor any of its professional advisors is engaged in rendering or other legal or professional advices or services to any person or is responsible for any errors, omissions or for any adverse result from the use of the draft Contract.
Amendments, Faults
We may update revise add to or otherwise change these Terms & Conditions and the Code and our other legal policies from time to time for legal or regulatory reasons or commercial reasons or to allow the proper or improved operation of the Gateway Site for or such other purpose or reason as we may at our absolute discretion deem appropriate. Any such changes shall be posted on the Gateway Site or may be notified to you by such other means as we deem fit. The changes will apply to the use of the Gateway Site from such date or dates as we may indicate or in default from the date of posting thereon on the Gateway Site. If you do not wish to accept the new Terms & Conditions or our other legal policies you should not continue to use the Gateway Site. If you continue to use the Gateway Site after the date on which the change comes into effect, your use of the Gateway Site indicates your agreement to be bound by the Terms & Conditions and other legal policies as so changed.
We make no promise that the services at the Gateway Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Gateway Site you should report it to us at our contact details as shown on the Gateway Site and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Gateway Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
Enquiries re Horses/Ponies and Products and Services Advertised
If you have any enquiry in relation to any horse, pony or other product or service advertised on the Gateway Site, you must make contact directly with the relevant person so advertising at the contact details provided by that person on their advertisement. We do not and will not pass on to advertisers any requests for information or enquiries.
You agree that you will comply fully with your obligations under the Data Protection Acts 1988-2003 and data protection legislation from time to time in force in respect of any data which we may supply to you or which may be obtained by you pursuant to your use of the Gateway Site.
You agree that you will ensure that all data supplied by you in connection with the Irish Horse Gateway or the Gateway Site complies with the Data Protection Acts 1988-2003.
Disclaimers, Indemnities
The Gateway Site provides content from other Internet sites or resources and while we may at our discretion try to ensure that material included on the Gateway Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Gateway Site we will attempt to correct the inaccuracies as soon as we reasonably can.
We provide a service to subscribing members of the Irish Horse Gateway and advertisers of displaying advertisements in respect of horses, ponies and other products and services. We do not and can not be taken as endorsing or guaranteeing the suitability of or make any representation whatsoever in relation to the persons who are purporting to advertise horses, ponies or other products or services for sale or in relation to the horses, ponies, products or services that they offer for sale. In particular, we do not make any warranty or representation in relation to compliance by any persons being members of the Irish Horse Gateway with our legal policies and in particular we do not make any representations in respect of compliance by any such persons with any matters referred to in the Irish Horse Gateway Code of Conduct. If you decide to purchase any horse, pony, good or service from any such advertiser, you agree to at your discretion and it shall be your responsibility to make appropriate enquires as to the compliance by any such Seller with our legal policies including inter alia with the Irish Horse Gateway Code of Conduct and at your discretion to include any term or condition as you deem fit in relation to such compliance in any contract you may enter into with any such person.
HORSE SPORT IRELAND DISCLAIMER
You are aware accept and acknowledge that although the Irish Horse Gateway has been initiated by us with the support of Horse Sport Ireland, that Horse Sport Ireland makes no warranty or representation in respect of or endorsement and shall not have any liability or responsibility in respect of the Irish Horse Gateway or the Gateway Site or any aspect thereof or any matter or material relating thereto or the contents members subscribers users or advertisers thereof and we are sole proprietors of the Irish Horse Gateway and the Gateway Site and operate the Irish Horse Gateway and the Gateway Site on our own behalf and not as agents of Horse Sport Ireland.
You agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection with or caused by any breach by you (including without limiting the foregoing any act omission or circumstance giving rise to your being deemed to be in breach) of these terms and conditions or any of our legal policies from time to time or otherwise arising or pursuant to your use of the Gateway Site.
Without limiting the foregoing you agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection with or caused by any breach or alleged (by any third party) breach by you (including without limiting the foregoing any act omission or circumstance giving rise to your being deemed or claimed (by any third party) to be in breach) of any duty liability or obligation to any third party or of any third party right or entitlement arising out of or in respect of or otherwise in connection with your accessing or other use of the Irish Horse Gateway or the Gateway Site or in connection with any dealings you may at any time have with Sellers or other third parties in respect of any matter or circumstance relating in any way to Irish Horse Gateway or the Gateway Site or any transaction relating to any horse, pony or any service at any time advertised or displayed on the Gateway Site.
Except in respect of any liability we may have which is prohibited to be excluded or limited under any applicable laws we shall not be liable to you for any breach of contract, duty or any reason in connection with the use or operation of Irish Horse Gateway or the Gateway Site or any data from time to time, displayed thereon or related thereto for loss of profit or any direct or indirect special consequential loss, damage, cost, expenses or compensation whatsoever which you may suffer or incur or which you may be liable for to any third party.
These terms and conditions shall not limit our liability for death or personal injury except for the maximum extent permitted by applicable law.
The benefit of this clause shall be deemed to be for our benefit and also severally to the maximum extent permitted by law for Horse Sport Ireland and for each of our and their officers and employees, and to such other person or persons as we may at any time nominate in writing, as if each of them were party hereto
Third Party Websites
As a convenience to customers, the Gateway Site includes links to other websites or material which are beyond its control. The Company is not responsible for content on any site outside the Gateway Site.
You may not link to our Website without our prior specific written consent and upon such terms and conditions as we may require. We reserve the right to withdraw any linking permission so granted without notice.
Applicable Law, Complaints, Dispute Resolution
These Terms & Conditions will be subject to the laws of Ireland and you irrevocably submit to the non-exclusive jurisdiction to the Courts of Ireland.
In the event that you have at any time a complaint dispute grievance with us or claim against us in relation to any matter arising out of or in connection with the Gateway Site you agree in the first instance before seeking any judicial or other remedy (without prejudicing your right of access to the Courts) to furnish full and comprehensive details (including such further details and information as may be reasonably requested by us)of the complaint dispute grievance or claim to the Chairman for the time being of our parent company, Horse Sport Ireland for investigation to enable him if he shall deem fit to make a recommendation for resolution thereof. Any such recommendation shall not bind you or us, or be admissible against either you or us in any legal proceedings, unless you and we agree in writing to accept the recommendation.
International Use
We make no promise or representation that materials on the Gateway Site are appropriate or available for use in or advertising or display to locations outside Ireland, and accessing the Gateway Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Ireland, you do so on your own initiative and are responsible for compliance with local laws.
The Gateway Site is owned and operated by Horse Sport Ireland Export Limited, 1st Floor Beech House, Millennium Park, Osberstown, Naas, Co. Kildare.
If you have any queries please contact us at our contact address as shown from time to time on the Gateway Site.
Interpretation
In these Terms and Conditions, the following terms shall be deemed to have the following meanings:-
“participant” means a person who has applied for and been duly accepted in accordance with the terms hereof to be a registered member featured seller or advertiser with Irish Horse Gateway.
“Irish Horse Gateway” means the scheme for advertising horses and ponies by way of a Portal known as Irish Portal www.irishhorsegateway.ie.
“data” includes any form of data, information or material in any form or medium.
“legal policies” means any terms and conditions applicable in respect of members and advertises on the Irish Horse Gateway Code of Conduct or general terms of access to the Gateway Site and Privacy Policy any other terms and conditions intended by us to apply to and govern the use or access of the Gateway Site and terms of advertising carried out thereon as may be displayed by us from time to time on the Gateway Site or otherwise notified to you.
“Irish Horse Gateway Code of Practice” means the Code of Practice governing membership of the Irish Horse Gateway as displayed from time to time on the Gateway Site or otherwise published by us.
“gateway logos” means the name “Irish Horse Gateway” and any representations thereof or any reference to Irish Horse Gateway or the Gateway Site or any domain names, web addresses, trademarks, service marks, business names or goodwill related thereto.
“Gateway Site” means the Irish Portal Website www.irishhorsegateway.ie.
