Try a Horse – Terms of Registration

Try a Horse – Rider terms of registration

Agreed terms

Interpretation
- 1.1 Definitions:

Application Form: the application form allowing Riders to apply to provide Assessment Services via the Website.
Assessment Services: the assessment of a horse or pony identified by the Client in accordance with the Website Assessment Form.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Conditions: these terms and conditions.
Conflict of Interest: a situation or circumstances where the interests of the Website Client and the Rider do or may be in conflict, for example if the Rider is asked to assess a horse or pony that they already know, or is owned, trained or kept at a yard run by people the Rider knows, or is otherwise familiar with.
Contract: the contract between the Rider and the Website for the supply of the Assessment Services in accordance with the Application Form, these Conditions, the Website Terms of Use, the Website Privacy Policy and any Schedules.
Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.
Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Payment Provider: the third party payment provider who provides payment services on behalf of the Website, whose terms of service are set out at https://www.paypal.com/uk/legalhub/paypal/pocpsa-full?locale.x=en_GB.
Relevant Qualifications: the formal equestrian qualifications that the Rider holds, as specified in the Application Form.
Rider: the rider identified in the Application Form, being a person with Relevant Qualifications who is aged over 18.
Rider Fee: the fee charged by the Rider to a Website Client for the provision of the Assessment Services.
Rider Profile: the public profile published by the Website containing the Riders’ information provided on the Application Form.
Rider Registration: the time of acceptance by the Website of a Riders’ Application Form, whereupon the Contract will be formed.
Trial Premises: any location where the Rider may provide the Assessment Services.
UK GDPR: has the meaning given in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
Website: tryahorse.co.uk a website owned and operated by Try A Horse Ltd, a limited liability company with registration number 16135929.
Website Assessment Form: the assessment form published by the Website.
Website Clients: third party clients who seek the Assessment Services of the Rider via the Website.
Website Fee: the fee payable by the Rider for the supply of the Website Services, being equal to 10% of the Rider Fee.
Website Privacy Policy: the privacy policy for the Website.
Website Services: the services provided by the Website to the Rider, as set out in clause 4.
Website Terms of Use: the terms of use for the Website.
- 1.2 Interpretation:
  - (a) A reference to legislation or a legislative provision:
    - (i) is a reference to it as amended, extended or re-enacted from time to time; and
    - (ii) shall include all subordinate legislation made from time to time under that legislation or legislative provision.
  - (b) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  - (c) A reference to writing or written includes email but not fax.
- 1.3 This Contract is made up of the following:
  - (a) The Application Form.
  - (b) The Conditions.
  - (c) The Schedules specified in the Contract Details.
  - (d) The Website Terms of Use.
  - (e) The Website Privacy Policy.
- 1.4 If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1.3, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.

Commencement and term

The Contract shall commence on the date of Rider Registration and shall continue, unless terminated earlier in accordance with its terms, until either party gives to the other not less than 7 days’ written notice to terminate.

Supply of Assessment Services
- 3.1 The Rider may supply Assessment Services to the Website Clients from the date of Rider Registration in accordance with the Contract.
- 3.2 In supplying the Assessment Services, the Rider shall:
  - (a) perform the Assessment Services with the highest level of care, skill and diligence in accordance with best practice in the equestrian industry;
  - (b) co-operate with the Website and the Website Client in all matters relating to the Assessment Services;
  - (c) comply with all instructions of the Website Client;
  - (d) ensure that they obtain, and maintain all Relevant Qualifications they may require and which are necessary to enable them to comply with its obligations in the Contract;
  - (e) ensure that the Assessment Services shall conform in all respects with the Website Assessment Form and the instructions of the Website Client;
  - (f) use only the Website Assessment Form in the provision of the Assessment Services;
  - (g) provide all equipment and other items required to provide the Assessment Services;
  - (h) ensure that they are wearing appropriate safety equipment (including a helmet with relevant certification and a body protector, if required) during the provision of the Assessment Services;
  - (i) make their own travel arrangements to and from the Trial Premises in connection with the supply of the Assessment Services;
  - (j) assess the Trial Premises and the equipment used by the horse or pony prior to any ridden trial, to ensure that the facilities are suitable;
  - (k) observe the horse or pony ridden before mounting, and assess the horse or pony’s temperament prior to mounting, together with any other steps that the Rider deems necessary to ensure that it is safe for the Rider to proceed. If the Rider is not satisfied with the safety of the Horse, the Rider may refuse to continue the trial;
  - (l) comply with all applicable laws, statutes and regulations from time to time in force;
  - (m) observe all health and safety rules and regulations and any other reasonable security requirements that apply at any of the Trial Premises from time to time and are notified to the Rider; and
  - (n) ensure that the Website holds accurate and up to date contact details for the Rider.
- 3.3 The Rider Profile must state the Rider Fee for the Assessment Services, payable by the Website Client via the Payment Provider only. The Rider acknowledges that the Website Fee, also payable by the Website Client in addition to the Rider Fee, will equate to 10% of the Rider Fee.
- 3.4 During the term of the Contract, the Rider shall maintain in force, with a reputable insurance company, professional indemnity insurance and public liability insurance to cover the liabilities that may arise under or in connection with the provision of Assessment Services under the Contract, and shall provide the insurance certificate to the Website as part of the Application Form.
- 3.5 In the event that the Riders’ insurance is renewed during the term of the Contract, the Rider undertakes to provide the Website with an updated certificate of insurance promptly.
- 3.6 The Rider shall not, without the prior written consent of the Website, during the term of this Contract advertise on other similar web-based platforms to provide the Assessment Services, or services similar to the Assessment Services.
- 3.7 The Rider shall inform the Website immediately if they suspend or cease to perform the Assessment Services for any reason.
- 3.8 The Rider shall be under no obligation to accept any request for Assessment Services from a Website Client.
- 3.9 During the term of this agreement the Rider may not provide Assessment Services to Website Clients other than via the Website, and may not accept any payment (or payment in kind) from any Website Client other than via the Website.
- 3.10 The Rider undertakes to disclose any Conflict of Interest to a Website Client as soon as they become aware of it, and in any event before performing the Assessment Services.
- 3.11 The Rider acknowledges that its duty of care and confidentiality in providing the Assessment Services is owed to the Website Client, and no other third party, and the Rider may not therefore share information about the Assessment Services provided to any third party.
- 3.12 The Rider shall be fully responsible for and shall indemnify the Website in full for and in respect of any loss or damage accruing to the Website directly or indirectly as a result of the Riders’ actual or potential breach of the terms of this clause 3.
Website Services
- 4.1 The Website shall publish the Rider Profile on the Website, allowing it to be viewed publicly and to be contacted directly by Website Clients.
- 4.2 The Website shall have no authority, and shall not hold itself out, or permit any person to hold itself out, or otherwise create the impression that it is authorised to bind the Rider in any way, and shall not do any act which might reasonably create the impression that the Website is so authorised.
- 4.3 The Website shall not make or enter into any contracts or commitments or incur any liability for or on behalf of the Rider.
- 4.4 The Website shall remove the Rider Profile promptly on termination of the Contract, or otherwise if there is any suspension of the Assessment Services by the Rider for any reason.
- 4.5 The Website confirms, and the Rider accepts, that the Website is acting only as an introductory agent on behalf of the Rider in connection with the provision of Assessment Services to Website Clients.
- 4.6 This Contract constitutes a contract for the provision of services and not a contract of employment. The relationship of the Rider to the Website will be that of independent contractor and nothing in this agreement shall render them an employee, worker, agent or partner of the Website and the Rider shall not hold themselves out as such.
Data protection
- 5.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 5 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.
- 5.2 The parties acknowledge that for the purposes of Data Protection Legislation, the Website is the controller and the Rider is the processor of personal data relating to the Rider and any Website Client.
- 5. 3 The Website will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data relating to any Website Client to the Rider for the duration and purposes of this Contract.
- 5.4 The Rider further agrees to the transfer of its personal data to any Website Client for the duration and purposes of this Contract.
- 5. 5 The Rider shall, in relation to any personal data processed in connection with the performance by the Rider of its obligations under this Contract:
  - (a) process that personal data only in connection with the performance of the Services under this Contract, and not for any other purpose;
  - (b) keep the personal data securely and confidentially at all times;
  - (c) not transfer any personal data outside of the UK at any time;
  - (d) notify the Website without delay if they become aware of any personal data breach;
  - (e) at the request of the Website or Website Client, delete all personal data; and
  - (f) maintain records and information to demonstrate compliance with these requirements.
- 5.6 It is anticipated that the personal data to be processed will include names, contact details and address details, together with any personal data relating to the Website Clients’ requirements. This could include sensitive personal data such as health characteristics, and may involve the sharing of images and video of the Website Client or their children.
- 5. 7 The processing of such personal data by the Rider shall be strictly limited to the level of processing reasonably required to perform the Assessment Services.
Intellectual property

The Website shall retain ownership of all Intellectual Property Rights in the Website.

Fees and payment
- 7.1 In consideration for the provision of the Website Services, the Website shall receive the Website Fee via the Payment Provider.
- 7.2 The Rider Fee will be payable by the Payment Provider upon completion and submission to the Website Client of the Website Assessment Form. If the Website Assessment Form is incomplete due to any reasonable concern of the Rider relating to safety, the Rider Fee shall be payable in full.
- 7.3 If the Rider cancels the Assessment Services at any time, the Rider Fee will not be payable.
- 7.4 Subject to clause 7.5, if the Website Client cancels the Assessment Services within 48 hours’ of the agreed date for provision of the Assessment Services, the Rider Fee will remain payable in full. Any cancellation prior to such time will result in no Rider Fee being paid.
- 7.5 Notwithstanding clause 7.4, the Rider acknowledges that where they operate as a business, if the Client wishes to cancel the Assessment Services within 14 days of first requesting them, the Rider Fee must refunded in accordance with the Consumer Rights Act unless the cancellation is communicated after the commencement of the provision of the Assessment Services.
- 7.6 The Website may at any time, without notice to the Rider, set off any liability of the Website to the Rider against any liability of the Rider to the Website, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under the Contract.
Limitation of liability
- 8.1 References to liability in this clause 8 include every kind of liability arising under or in connection with this Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
- 8.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
  - (a) death or personal injury caused by negligence; and
  - (b) fraud or fraudulent misrepresentation.
- 8.3 Subject to clause 2 neither party’s total liability to the other for all loss or damage shall exceed £1,000.
- 8.4 The following types of loss are wholly excluded from this clause 8: loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss or damage to goodwill, and any other indirect or consequential loss.
Termination
- 9.1 Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
  - (a) the other party commits a material breach of any term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 5 days after being notified in writing to do so; or
  - (b) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
- 9.2 Termination of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
General
- 10.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate the Contract by giving 7 days’ written notice to the affected party.
- 10.2 Subcontracting. The Rider may not subcontract any or all of its rights or obligations under the Contract.
- 10.3 Confidentiality
- - (a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 3(b).
  - (b) Each party may disclose the other party’s confidential information:
    - (ii) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 3; and
    - (ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  - (c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
- 10.4 Entire agreement. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- 10.5 Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
- 10.6 Waiver.
- - (a) A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
  - (b) A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
- 10.7 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 10.7 shall not affect the validity and enforceability of the rest of the Contract.
- 10.8 Notices.
- - (a) Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
    - (i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
    - (ii) sent by email to the address specified in the Application Form or Website, respectively.
  - (b) Any notice shall be deemed to have been received:
    - (i) if delivered by hand, at the time the notice is left at the proper address;
    - (ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
    - (iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 8(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
  - (c) This clause 8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
- 10.9 No partnership. Nothing in this Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. Each party is acting on its own behalf and not for the benefit of any other person.
- 10.10 Third party rights. The Contract does not give rise to rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
- 10.11 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the law of England and Wales.
- 10.12 Jurisdiction.
- Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.