Conditions de service

DEAD HORSE LIMITED TERMS OF SERVICE FOR

“FOR FARRIERS BY FARRIERS”

 

Dead Horse Limited and/or its subsidiaries and affiliates (referred to as ‘DEAD HORSE, ‘we’, ‘our’, or ‘us’).

Review these Terms of Service (‘Agreement’) thoroughly.  

This Agreement is a legal agreement between you and DEAD HORSE. By accepting electronically (for example, clicking ‘I Agree’), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorized representative, in which case the terms ‘you’ or ‘your’ will refer to such entity and its affiliates as well as you.  If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorized representative. 


GENERAL TERMS 

1, AGREEMENT 

1.1, This Agreement describes the terms governing your use of the DEAD HORSES’ online services and products provided to you on this website, including content, updates and new releases, (collectively, the ‘Services’). It includes by reference:

  1. DEAD HORSES’ Privacy Policy provided to you in the Services available on the website or provided to you otherwise.
  2. Additional terms and conditions, which may include those from third parties.
  3. Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

 

2, YOUR RIGHTS TO USE THE SERVICES

2.1, The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the services and only for the purposes described by DEAD HORSE. DEAD HORSE reserves all other rights in the services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, DEAD HORSE grants to you a personal, limited, nonexclusive, non-transferable right and license to use the Services.

2.2, You agree not to use, nor permit any third-party to use, the services or content in a manner that violates any applicable law, regulation or this Agreement.

You agree you will not:

  1. Provide access to or give any part of the services to any unauthorized third party.
  2. Reproduce, modify, copy, deconstruct, sell, trade or resell the services.
  3. Make the services available on any file-sharing or application hosting service.

 2.3, All orders placed by you and purchases of goods from us via our online shop are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable): by delivery of the goods to you, at which point a legally binding contract is constituted between you and us.

 2.4, Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions

 

 3, PAYMENTS

 3.1, The price payable for the goods you order or purchase is as on our website at the time you submit your order or, plus any charges for delivery as advised to you. All prices include the current applicable VAT rate unless otherwise stated.

 3.2, Occasionally, we advertise goods at a promotional price; ‘if applicable’ you must quote the relevant promotion code, otherwise you may be charged the full price.

 3.3, If, an error does occur and goods are either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.

3.4, Payment can be made by most major credit or debit cards or PayPal, by completing the relevant details on the checkout page.

3.5, By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal you confirm that the PayPal account being used is yours.

3.6, All credit/debit card holders are subject to validation checks and authorisation by the card issuer. All PayPal payments are subject to authorisation by PayPal. If the issuer of the card or PayPal refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if PayPal charges you for making the order.

3.7, We recommend that you do not communicate your payment card details or PayPal details and password to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.

3.8, The format of our invoice and statements to you will solely be dictated by us, VAT: All prices include VAT at 20% (except where indicated) subject to change in taxation.

 

 4, ACCOUNTS, PASSWORDS AND SECURITY

 4.1, Certain features or services offered on or through the Website may require you to open an account (including setting up an Account ID and password) and to share personal data. See our Privacy Policy for information regarding our protection of personal data

4.2, You should take all necessary steps to ensure that your password is kept confidential and secure since you will be responsible for all transactions that occur or are submitted under your password.  Please inform us immediately if you have any reason to believe that your password has become known to any unauthorised person, or if the password is being, or is likely to be used in unauthorised manner. If we are of the opinion that there is possibility that there is a breach of security or misuse of the Website, we are entitled to ask you to change your password or may suspend your account. We are not liable to anyone for any loss or damage stemming from any failure from you to protect your password and/or account.

4.3, You may not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. Dead Horse cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

4.4, You are responsible for securely managing your password(s) for the Services and to contact Dead Horse if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the services. You agree to receive these updates.

 

 5, USE WITH YOUR MOBILE DEVICE 

 5.1, You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your Agreement with your mobile device and telecommunications provider.  

 DEAD HORSE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: 

  • THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION.
  • ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES.
  • ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

 

6, YOUR PERSONAL INFORMATION

 6.1, You can view DEAD HORSES’ Privacy Policy provided with the Services and products and on the website for the Services and products. You agree to the applicable DEAD HORSES’ Privacy Policy, and any changes published by DEAD HORSE. You agree that DEAD HORSE may use and maintain your data according to the Dead Horses’ Privacy Policy, as part of the Services. You give DEAD HORSE permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the services and/or other DEAD HORSES’ services and products;  For example, this means that DEAD HORSE may use your and other users' non-identifiable, aggregated data to improve the services or to design promotions and provide ways for you to compare business practices with other users. DEAD HORSE is a UK based company and you agree that DEAD HORSE may access or store personal information to the extent permitted by applicable law.

 

7, ORDERS & DELIVERY

7.1, we aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after the day you place your order, unless otherwise agreed between you and us. We use various suppliers therefore your order may be delivered in parts, each product displays the vendor, should you prefer your order to come in one delivery only order from one vendor.

 7.2, Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately.

7.3, You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods.

7.4, Without prejudice to clause 7.3, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. In spite of delivery or collection, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and, where other sums payable to us from you are overdue, you have paid those sums too. Until title in the goods passes from us to you, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the goods.

7.5, delivery from outside of the United Kingdom is not permitted by Strömsholm ltd however the shipping rates from other vendors is as stated below:

Handmade Shoes (UK) Ltd & The Shoeing Lab

  • Europe
  • We use the best carriers available and will always choose the most cost-effective method of delivery which will be charged at cost:
  • Belgium, France, Germany, Luxembourg, The Netherlands, Eire, Monaco
    2-3 day service ­– £13.00 per 30kg parcel
  • Austria, Denmark, Switzerland
    3-4 day service –£15.50 per 30kg parcel
  • Czech Republic, Italy, Slovakia, Spain
    3-4 day service – £18.00 per 30kg parcel
  • Croatia, Estonia, Finland, Hungary, Poland, Portugal, Sweden, Slovenia
    4-5 day service – £20.50 per 30kg parcel
  • Norway, Iceland, Bulgaria, Bosnia, Latvia, Lithuania, Greece, Romania, Serbia
    4-5 day service – £35.00 per 30kg parcel
  • Canary Islands, Russian Federation
    3-4 day service – £80.00 per 30kg parcel
  • Customs clearance charged where applicable at £30.00 per consignment.

 None of our vendors accept responsibility for loss or damage of any deliveries.

7.6, You may request next day delivery in the "message to the seller" box on the cart page but all orders are processed at 3-5 working days, we cannot guarantee next day delivery.

7.7, Orders made on a public bank holiday or weekend will be processed on the "next working day".

 

8, AVAILABILITY

8.1, All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 14 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

 

9, MANUFACTURE'S WARRANTIES & GARANTEE'S

9.1 Some of our goods are sold with a manufacturer's warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). Any complaint, query or claim under a manufacturer's warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.

9.2 Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.

9.3 Some products may feature an extended manufacturer’s warranty. These need to be registered within 28 days of purchase – see the product documentation for more information

 

10, RETURNS & REFUNDS

10.1, If returning goods in accordance with clause 9.1, you must return goods with all components and also any promotional items received (including free gifts) or discounted additional products. For more information on the ways in which you can return the goods you have received, please see the Returns section of our website at https://forfarriersbyfarriers.com/pages/returns-policy. You return goods at your own expense and this will be dealt with via Dead Horses’ support team.

10.2, Following the return of any unwanted goods, once we have had conformation from the vendor we will refund you the price paid for them. We will pay the refund within 14 days after the day:

  1. we receive the goods you returned to us, where you are in receipt of the goods; or,
  2. you provide us with a proof of return for the goods, where you have returned the goods, but we have not yet received them

10.3, We will refund you using the same means of payment as you used to pay for your order or purchase. For PayPal purchases we will provide you with a refund or customer credit (at your option).

10.4, We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We will withhold any refund until we have received the goods or you have supplied proof of return for the goods.

10.5 Where the goods are being returned because they are faulty or incorrect, we will need conformation from the vendor and for more information visit or returns page, https://forfarriersbyfarriers.com/pages/returns-policy

10.6 Without prejudice to your right to return unwanted items generally under this clause, if you have notified us of a problem with the goods within 30 days of delivery, you have a right to reject the goods and receive a full refund, or alternatively we will endeavour to provide a replacement. 

10.7, Some products come with guarantee’s and if an item develops a fault within six months of delivery, our vendors may offer a repair or replacement of the item/or offer a price reduction or refund. If the product is to be repaired, and the manufacturer has provided a helpline, repair service or warranty, we may ask you to make contact with the manufacturer direct or we can do this on your behalf.

 

11, LEGAL RIGHTS AS A CONSUMER

11.1, The provisions of this clause 10 do not affect your legal rights if you are a consumer.

 

12, LIABILITY

12.1, If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:

  1. loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
  2. loss which arises when we are not at fault or in breach of these Terms and Conditions; and
  3. business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).

12.2, Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.

12.3, UK law under the “farriers registration act, 1975” you are not permitted to purchase materials allowing you to carry out the unlawful shoeing of a horse. Our vendors will regularly check orders and reference the buyer with the “find a farrier” search engine at https://www.farrier-reg.gov.uk/find-a-farrier, if you are not a registered farrier in the UK attempting to purchase horseshoes or horseshoe nails we will be notified, and your order will be cancelled of immediate effect and you will be refunded for the full amount.

12.4 Goods are intended for use in the UK and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.

 

13, AGRE REQUIREMENTS FOR SPECIFIC GOODS

13.1 Where you place an order for or otherwise purchase age-restricted goods such as solvents, axes, knives and knife blades you confirm that you are over the age of 18 and that (where applicable) delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order or purchase if we reasonably believe you do not meet the age restrictions for certain goods.

 

14, EVENTS BEYOND OUR CONTROL

14.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, force majeure, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).

 

15, COMMUNITY FORMS

15.1, The Services may include a community forum or other social features to exchange content and information with other users of the Services and the public

(‘Community Forum’). DEAD HORSE does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users in a community forum. Do not reveal confidential or other information that you do not want to make public. Users may post hypertext links to content of third parties for which DEAD HORSE is not responsible.

15.2, Dead Horse may freely use feedback you provide

You agree that DEAD HORSE may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant DEAD HORSE a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to DEAD HORSE in any way.

 

 16, ADDITIONAL TERMS

 16.1, DEAD HORSE does not give professional advice Unless specifically included with the Services, DEAD HORSE is not in the business of providing legal, financial, accounting, tax or other professional services or advice. Consult the Services of a competent professional when you need this type of assistance.

 

16.2, Communications

 DEAD HORSE may be required by law to send you communications about the Services or third-party products. You agree that DEAD HORSE may send these communications to you via email or by posting them on our websites.

  

17, DISCLAIMER OF WARRANTIES

 17.1, YOUR USE OF THE WEBSITE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ‘AS IS’. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEAD HORSE, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,’SUPPLIERS’) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. DEAD HORSE AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS OF ENGLAND AND WALES ANY IMPLIED WARRANTIES IN RESPECT TO THE PRODUCTS, AND CONTENT ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE PRODUCTS, WHICHEVER IS SOONER.

17.2, DEAD HORSE, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.

  1. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF DEAD HORSE, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS DURING THE TWELVE (1) MONTH PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, DEAD HORSE, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET DEAD HORSE SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF DEAD HORSE AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF DEAD HORSE, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. NOTWITHSTANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF ENGLAND AND WALES AND FOR THE AVOIDANCE OF DOUBT DEAD HORSE DOES NOT EXCLUDE LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, (II) FRAUD OR FRAUDULENT MISREPRESENTATION, (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.


18, INDEMNITY

18.1, You agree to indemnify and hold DEAD HORSE and its affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable legal' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as ‘Claims’). DEAD HORSE reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by DEAD HORSE in the defence of any claims.

 

 19, CHANGES

19.1, We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the services indicates your Agreement to the changes.

 

 20, TERMINATION

 DEAD HORSE may immediately, in its sole discretion and without notice terminate this Agreement or suspend the services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you will no longer have access to your account or orders will be refused. Any termination of this Agreement shall not affect DEAD HORSES’ rights to any payments due to it. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

 

21, GOVERNING LAW AND JURISDICTION

 21.1, This Agreement will be governed by the laws of England and Wales, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of DEAD HORSE or its suppliers' intellectual property rights may cause DEAD HORSE irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that DEAD HORSE shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect DEAD HORSES’ rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of England and Wales and you agree that you will procure that any third party making a claim against Webequine arising out of this Agreement shall bring such claim exclusively in the English courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.

21.2, DEAD HORSE does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. DEAD HORSE prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the services in your jurisdiction.

 

 22, COMPLIANCE WITH PRESERVATION ORDERS

 22.1, DEAD HORSE accepts no liability to you under this Agreement, or otherwise at law, for compliance by DEAD HORSE with any order or notice, whether issued to DEAD HORSE or to you, and whether issued by any court, tribunal, regulatory authority, arbitral tribunal or anybody or authority exercising judicial, quasi-judicial, regulatory, or arbitral power or authority, requiring the preservation of any data, information documents or content (a ‘Preservation Order’). To the extent that a preservation order has been issued to you, you acknowledge that you are solely responsible for your compliance with it.

 

 23, LANGUAGE

 Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.

 

 24, GENERAL

 16.1, This Agreement, including the additional terms below, is the entire Agreement between you and DEAD HORSE and replaces all prior understandings, communications and Agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of DEAD HORSE. However, DEAD HORSE may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by DEAD HORSE or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact DEAD HORSE via an email to: support@deadhorselimited.com

 

 25, OTHER PRODUCTS AND SERVICES

 

25.1, Third Party Products, by using this Service, you agree that we may market to you or offer you access to products or services from third-parties (‘Third-Party Products’).  If you decide to use or access any Third-Party Products, you agree that you are solely responsible for your relationship with the provider of the product.  DEAD HORSE is not affiliated with Third Party Products and does not endorse or recommend any Third-Party Products. You agree that the providers of the Third-Party Products, and not DEAD HORSE, are solely responsible for their own actions or inactions. DEAD HORSE is not liable for any damages, claims or liabilities arising out of or related to any Third-Party Products.  You agree that you will (a) review and comply with all Third Party Product terms and conditions, and (b) not use the Third Party Product in any manner that would infringe or violate the rights of DEAD HORSE or any other party or in furtherance of criminal, fraudulent or other unlawful activity. 

 

25.2, Data Transfer Service

  • We may provide you with the opportunity to transfer certain data from a Third-Party Product or an (‘Ancillary Service’) to this Service (the ‘Data Transfer Service’).  You may need to be an active subscriber of the Third-Party Product or Ancillary Services to use the Data Transfer Service. In order to access a Third-Party Product or an Ancillary Service on your behalf, you may need to provide us with your Login Details. We will maintain your Login Details in encrypted form, and will only use them in connection with the Data Transfer Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to Webequine and you expressly appoint DEAD HORSE as your, or the third party who owns the Login Details', agent with limited power of attorney to access any Third-Party Products or Ancillary Services and retrieve data on your behalf. With respect to each Data Transfer Service, you grant DEAD HORSE the right to transfer data to the Service, and to reformat and manipulate your data as reasonably necessary for the data to function with the Service. After the transfer occurs, your original data and Content may not remain in the Third-Party Product or the Ancillary Services; please review the terms of those products and services to confirm. 
  • You agree that you will (i) review and comply with all Third Party Product and Ancillary Service terms and conditions before you access the Data Transfer Services, and (ii) not use the Data Transfer Services in any manner that would infringe or violate the rights of DEAD HORSE or any other party, or in furtherance of criminal, fraudulent or other unlawful activity.  In the event that any Third-Party Product charges for access to data, you agree that you are responsible for any fees due and owing.  You agree that the providers of the Third-Party Products, and not Webequine, are solely responsible for their own actions or inactions. DEAD HORSE is not liable for any damages, claims or liabilities arising out of or related to any Third-Party Products. 
  • We do not guarantee that you will be able to use the Data Transfer Service with any specific products or services. You will only have access to the Data Transfer Services during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of data or the overall performance of the Data Transfer Service. Your most recent data from a Third-Party Product or Ancillary Service may not always be available in the Services. Any data obtained through the Data Transfer Service will be made available in the Service, and will be subject to the terms and conditions of this Agreement, including our Privacy Policy.

 

 26, Service Providers

 We may use third parties in the operation of our Service or to perform any of our obligations in this Agreement (each a ‘Service Provider’). In order for our Service Providers to be able to provide you with certain aspects of the Service, we may share a limited amount of your data or Content with such Service Provider. Our Agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the Service.

 

 27, ONLINE NOTIFICATION AND DISCLAIMER

 27.1, DEAD HORSE will provide you with account-related notifications due to inaction on the account, confirmation of information and reminders to categorise your transactions. These notifications will be sent to the email address you have provided as your primary email address

when you register for the Service. Anyone with access to your email will be able to view the content of these notifications.

 27.2, You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. DEAD HORSE does it’s best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that DEAD HORSE shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you and your reliance on a notification.

 

28, Our details

 Dead Horse Limited

Registered in England & Wales under Companies House registration number: 12510479

Support@deadhorselimited.com