PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR APP
A: USING OUR SITE AND APP
1. What's in these terms?
These terms tell you the rules for using our website www.whickr.com (our site), and our mobile app in the Apple App Store and Google Play (our App), both of which allow you to view advertised horses and ponies for sale, loan or lease, message buyers and sellers, and create your own adverts and user profile (the services).
2. Who we are and how to contact us
www.whickr.com and the Whickr mobile App are operated by Whickr Group Limited (“We“). We are registered in England and Wales under company number 11435294 and have our registered office at Welsh Ice Britannia House, Caerphilly Business Park, Caerphilly CF83 3GG. Our VAT number is 300200693.
To contact us, please email tackroom@whickr.com.
3. By using our site or App you accept these terms
By using our site, you confirm that you accept these terms of use and that you agree to comply with them. Please note that before using the site or the App, you will be asked to agree to these terms. If you do not agree to these terms, you must not use our site or App.
We recommend that you print a copy of these terms for future reference.
4. Restrictions on your use of the services, site and App
You are only eligible to use the services, including placing any advertisement, if you (i) have full legal capacity to enter into a contract, and (ii) if you are an individual, you are over 16 years old. If you are using services under these terms on behalf of a business, you are deemed to represent and warrant to us that you have authority to bind the business on behalf of which you are using the site and/or App.
5. There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our site and App:
- Our site Privacy Policy https://www.whickr.com/privacy/, and the App Privacy Policy https://www.whickr.com/app-privacy/.
6. We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site or App, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in December 2022. Each time you purchase services from the site or the App, the terms of contract which apply will be the most recent terms we publish.
7. We may make changes to our site or App
We may update and change our site or App from time to time to reflect changes to our users’ needs and our business priorities.
8. We may suspend or withdraw our site or App
Our site and our App are made available free of charge.
We do not guarantee that our site or App, or any content on either of them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site or App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
No interruptions to services will entitle you to a refund of any payment already made by you. We reserve the right to upload, remove, vary or otherwise deal with any content provided on our site or App from time to time.
9. How we may use your personal information
We will only use your personal information as set out in our Privay Policy, https://www.whickr.com/privacy/.
10. Our site and App are only for users in the UK
Our site and App are directed to people residing in the United Kingdom. We do not represent that content available on or through our site or App is appropriate for use or available in other locations. We may limit the availability of our site or App or any service described on our site or App to any person or geographic area at any time. If you choose to access our site or App from outside the United Kingdom, you do so at your own risk.
11. You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our sole opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at tackroom@whickr.com.
You are responsible for any activities that occur under your account. We shall not be liable to you or any third party for any loss or damage which may arise as a result of any failure by you to keep your password or account confidential.
Our site and App may only be used for lawful purposes. You are prohibited from violating or attempting to violate the security of our site or App, or using them to obtain services not properly ordered and fully paid for.
12. Our trade mark is registered
“Whickr” is the registered trade mark of Whickr Group Limited. You are not permitted to use it, the name of our company, nor any logo or device incorporating that mark or our company name shall be used without our prior written approval.
13. How you may use material on our site and App
We are the owner or the licensee of all intellectual property rights in our site and App, including goodwill, whether now known or created in the future, and in the material published on it or otherwise in connection with the services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
By using the services under these terms, we grant you a limited, non-exclusive, revocable licence to view, access, download or print one copy of content provided under the services. You may print off one copy, and may download extracts, of any page(s) from our site or App for your personal use and you may draw the attention of others to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must ensure that all copyright, trademark and other proprietary notices comprised within that content is retained.
Our status (and that of any identified contributors) as the authors of content on our site or App must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our site or App for commercial purposes without obtaining a licence to do so from us or our licensors.
If you amend, reproduce, print off, copy, download, share, repost, broadcast or otherwise transmit any part of our site or App, or content published on the site or App, in breach of these terms of use, your right to use our site and App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you use any of our trademarks, or authorise or assist anyone else in doing so without our express prior written consent, your right to use the site and App will cease immediately.
You may not interrupt or attempt to interrupt the operation of our site or App in any way, or send unsolicited messages (or “spam”) to or through our site or App, or otherwise harass the site or App owner, provider, or other users.
14. No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or App or any services provided via, or in relation to, our site and App. This includes using (or permitting, authorising or attempting the use of):
Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or App, or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
This site and the App is only targeted to, and intended for use by, individuals located in the UK. By continuing to access, view or make use of this site and App, and any related content and services, you hereby warrant and represent to us that you are located in the UK.
15. Do not rely on information on this site or App
The content on our site and App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site or App.
Although we make reasonable efforts to update the information on our site and App, we make no representations, warranties or guarantees, whether express or implied, that the content on our site or App is accurate, complete or up to date.
16. Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you, however you are permitted to publish links to our site on your own social media content.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the Content Standards.
If you wish to link to or make any use of content on our site other than that set out above, please contact tackroom@whickr.com.
17. We are not responsible for websites we link to
Where our site or App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. No website link to a competitor to Whickr in any way will be published. If the website being linked to offers, accepts, promotes or is associated with another website that supplies online advertisements from third party advertisers, the links will be rejected.
We have no control over the contents of those sites or resources. You should note that certain links on the site and the App lead to resources on servers maintained by third parties over whom we have no control, and accordingly we accept no responsibility or liability for any of the material contained on those servers.
18. User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site or App, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site and App do not represent our views or values.
19. We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
B: PLACING AN ADVERT ON OUR SITE OR APP
1. Role of the site and App
The site and App provide a venue allowing users to buy and sell horses and ponies; we are not involved in any transaction itself and therefore we have no control over the quality or legality of any advertisement, the truth or accuracy of listings, the ability of sellers to sell or the ability of buyers to buy. Do not assume that the sale or purchase of a horse or pony is valid and legal simply because it is listed on the site or App. We are not responsible for ensuring that a transaction is effected. We make no representation or warranty as to the completeness or accuracy of any advertisement listed on the site or App.
2. Uploading content to our site and App
Whenever you make use of a feature that allows you to upload content to our site or App, or to make contact with other users of our site or App, you must comply with the content standards set out below at C: CONTENT STANDARDS and complies with D: PROHIBITED USES. You further represent and warrant that you have all required licenses, consents and permissions to use the content.
You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site or App, by way of an advertisement or otherwise, will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload (below).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site or App constitutes a violation of their intellectual property rights or of their right to privacy.
We have the right to remove any posting you make on our site or App if, in our sole opinion, your post does not comply with the Content Standards or otherwise falls under D: PROHIBITED USES.
If you wish to contact us in relation to content you have uploaded to our site or App, and that we have taken down, please contact tackroom@whickr.com.
You are solely responsible for securing and backing up your content.
3. Images or video content uploaded on the site or App
For the avoidance of doubt, you must own or have a valid licence to use any and all images, video or other content that you upload on the site or App.
4. Authority to sell
By agreeing to these terms, you are deemed to represent and warrant to us that you either own or are otherwise legally entitled to sell any item, horse or pony listed, and that such item, horse or pony is not counterfeit or stolen.
5. Rights you are giving us to use material you upload
When you upload or post content to our site or App, by way of an advertisement or otherwise, you are deemed to grant us the following rights to use, store and copy that content, to make it available to third parties, and:
a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the site and App, and across different media including to promote the site, App or the service to expire 2 years after the user deletes the content from the site or App; and
a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the site and App to expire 2 years after the user deletes the content from the site or App.
6. We charge you when you submit your advertisement
You acknowledge that we commence providing services immediately, and you will be charged for the advertisement in full. Each advert is for a single horse or pony, and no substitutions will be accepted.
7. Sometimes we reject advertisements
Sometimes we reject advertisements. When this happens, we let you know as soon as possible and refund any sums you have paid. We are not required to give a reason for any rejection, and in the event that an advertisement is resubmitted by another user, or a third party is submitting adverts on behalf of a rejected user, we reserve the right to withdraw any such advertisement without any refund.
Any advertisement which does not comply with these terms will be withdrawn from the site and App, and no refund will be made. This includes any advertisement placed by a person under the age of 16.
8. If you are a business advertiser you must disclose this on your advertisement
If you use the site or App to advertise in the course of your business, you are not permitted to place any advert as a private advert, and/or otherwise pass yourself off as a private seller. The Consumer Protection from Unfair Trading Practices Regulations 2008 require all advertisements placed by persons selling in the course of a business to make this fact clear. This applies whether you are selling on your businesses’ behalf, or on behalf of a private owner. It is your responsibility to ensure that your advertisement clearly states whether it is a business sale in compliance with the regulations, and it may be an offence, for which you may be prosecuted, if you do not.
We may, in our sole discretion, remove any advert which has been placed as private that we reasonably believe has been placed by a trader acting in the course of a business, and no refund will be made. We may charge an administration fee in respect of such removal.
9. If you are a business customer you have no set-off rights
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10. We charge interest on late payments
If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
11. Any purchase is at your own risk
We are not responsible for verifying any user identity, or for the purchase of any product, service, animal or vehicle. You accept that any purchase made further to any advertisement on the site or App is made at your own risk.
12. Claims against other users
In the event that you have any right, claim or action against any other user arising from that users’ use of our site or App, you are to pursue such right, claim or action independently of and without recourse to us, and you release us from any and all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
13. Indemnity
You agree to indemnify us in full against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered by or incurred by us or otherwise arising out of or in connection with any breach by you of Part B of these terms.
C: CONTENT STANDARDS & PROHIBITED USAGE OF THE SITE AND APP
1. Content Standards
These content standards apply to any and all material which you contribute to our site or App (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our sole discretion, whether a Contribution breaches the Content Standards.
2. A Contribution must:
Be accurate (where it states facts)
Be genuinely held (where it states opinions)
Comply with the law applicable in England and Wales and in any country from which it is posted
A Contribution must not:
Be defamatory of any person
Be obscene, offensive, hateful or inflammatory
Bully, insult, intimidate or humiliate
Promote sexually explicit material
Include child sexual abuse material
Promote violence
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
Infringe any copyright, database right or trade mark of any other person
Be likely to deceive any person
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
Promote any illegal content or activity
Be in contempt of court
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
Be likely to harass, upset, embarrass, alarm or annoy any other person
Impersonate any person or misrepresent your identity or affiliation with any person
Give the impression that the Contribution emanates from us
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism
Promote any services or web links to other sites
4. For the avoidance of doubt, for any Contribution in the form of video content:
You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material)
You must not upload a video containing harmful material
You must not upload a video containing advertising for any of the following:
cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol
Any advertising included in a video you upload must not:
prejudice respect for human dignity
include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation
encourage behaviour prejudicial to health or safety
encourage behaviour grossly prejudicial to the protection of the environment
cause physical, mental or moral detriment to persons under the age of 18
directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity
directly encourage such persons to persuade their parents or others to purchase or rent goods or services
exploit the trust of such persons in parents, teachers or others; or
unreasonably show such persons in dangerous situations
You must use the functionality provided on our site or App to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising
5. Prohibited uses of the site and App
You may not use our site or App:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards above.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To upload terrorist content.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site or App in contravention of these terms.
Not to access without authority, interfere with, damage or disrupt:
any part of our site or App;
any equipment or network on which our site or App is stored;
any software used in the provision of our site or App; or
any equipment or network or software owned or used by any third party.
6. Interactive services
We may from time to time provide interactive services on our site and App, including, without limitation:
Video-sharing facilities
Chat rooms
Bulletin boards
(interactive services.)
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site or App, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
D: PROMOTIONAL CODES
From time to time, we may choose to run promotions for registered customers including specific offers or discount opportunities (Promotional Codes) via our site and App. In addition to these Terms set out above and below, any description and terms of each Promotional Code set out on the site or App shall also apply.
All of our Promotional Codes are also subject to the following specific terms and conditions:
they may only be used against full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated;
they are valid for a limited period of time as specified in the original marketing communication containing the Promotional Code and cannot be used outside of that period;
they are for use by the intended recipient only and proof of entitlement to use a Promotional Code may be requested; and
all orders using Promotional Codes are subject to our acceptance and any improper use of Promotional Codes may result in the removal of your advertisement without refund.
E: OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
1. Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our site or App, or use of or reliance on any content displayed on our site or App.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the site or the App, or to your downloading of any content on them, or any website linked to them.
We assume no responsibility for the content of websites linked on our site or App. Such links should not be interpreted as endorsement by us of those websites. We will not be liable for any loss or damage that may arise from your use of them.
2. If you are a business user:
These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation, or negligent misstatement, based on any statement in this agreement.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site, App, or any content on either of them.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
3. If you are a consumer user:
You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. Limitation of liability
Subject to the terms above, our total liability to you in respect of all losses arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total fee paid by you under this agreement in the relevant year.
5. Compliance with laws
You are solely responsible for compliance with all and any legal duties and obligations in connection with any advertisement placed on our site or App, any sale of a horse or pony further to such advertisement, or other use of the services.
6. No warranty
Except as expressly stated in these terms, we do not give any representation, warranty or undertaking in relation to the services. Any representation, condition or warranty that might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
F: OTHER IMPORTANT TERMS
1. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You are not permitted to transfer your rights and obligations under these terms to another person if we agree beforehand in writing.
2. Nobody else has rights under this contract
This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
3. If a court invalidates some of this contract, the rest of it will still apply
If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
4. Even if we delay in enforcing this contract, we can still enforce it later
We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
5. How to complain about or report content
If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately on tackroom@whickr.com. If you wish to complain about any other content, please contact us on tackroom@whickr.com.
6. Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.