Terms and Conditions of Use
With A Dot LTD – At The Yard (attheyard.co.uk and all subdomains)
Last updated 12/07/15
1. This Service
At The Yard (Service) is provided by With A Dot LTD (us, we) to you for the use of you and your customers. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
You/your users must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you/your users are 18 or older and understand your/your users obligations under these Terms & Conditions.
3. Registration and Account Integrity
3.1 As part of the registration process you/your users will need to create a user account, including a username & password. It is your/your users responsibility to ensure that the information you provide is accurate, not misleading and relates to you/your users. You/your users cannot create a user account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any user account in breach.
3.2 Where we provide an organisation with an agreed number of horses for use in the Service these must be adhered to. Representations of horses within the system cannot be shared between horses. A breach of this clause will result in termination of the abused organisations account and/or all accounts provided to the organisation.
3.3 If for any reason you/your users suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact you/your users requesting them to confirm their username & password or other details.
4. Pricing, Plans and Features
4.1 The pricing for the service will be dictated by the order placed on With A Dot LTD by you for the provision of the service.
4.2 We reserve the right to change pricing plans of our services at any time. We will give existing customers 28 days notice if the price for the service they receive is to change.
4.3 We reserve the right to change the features of our service at any time and without notice to you as part of our on going development process.
5. Payment and Credit Control
5.1 All services are billed monthly in advance unless otherwise agreed.
5.2 If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.
5.3 Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.
5.4 Where a payment is not made (for whatever reason) access to the organisations account or accounts may be suspended immediately until such time as a valid payment has been processed.
6.1 You many cancel your subscription to the service at any time.
6.2 Cancellation should be done via an email. We will confirm receipt of your request within 7 days. If you have not received confirmation within this period please contact us via any means possible.
6.3 Cancellation by any other means, including (but not limited to) telephone call, fax, text or instant message is not valid.
6.4 No refunds will be provided for remaining unused days under a monthly account or accounts.
6.5 For 12-month accounts (where offered) a refund will be offered for all complete remaining months of the service not used. No refund will be offered for days remaining in the month of cancellation.
7. Upgrading or Downgrading Accounts
7.1 You have the ability to upgrade or downgrade your subscription level to the service at any time.
7.2 Where an organisations account is downgraded the applicable organisation will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.
7.3 Users should backup and download their data prior to requesting a downgrade in service.
7.4 No refunds will be offered for downgraded monthly accounts that have been downgraded before the monthly charge is due on the account. The new lower monthly charge will be automatically applied on the usual date of the monthly charge.
7.5 Where an account is upgraded the new higher monthly charge will be automatically applied on the next usual date of the monthly charge.
7.6 In the case 12-month accounts (where offered) a partial refund will be offered for all complete remaining months of the service where the user downgrades the account. No refund will be offered for days remaining in the month of the downgrade.
7.7 Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.
8. Trial and Offer Periods
8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
8.2 These Terms and Conditions apply to all trial or offer period accounts.
9. Technical Support
9.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to you and your users.
10. Specific Service Rules
10.1 As a user you agree not to do any of the following:
- Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
- Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
- Use or harvest data provided by other users in a way that they would object to.
- Encourage illegal or immoral activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
- Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
- To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.
- To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
- Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
- Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
- Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
- Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
- Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
10.2 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any organisation who in our sole judgment is in breach of these Terms and Conditions.
11. Intellectual Property
11.1 Title to any software supplied by With A Dot LTD (the "User Software") shall at all times remain vested in With A Dot LTD. At no time shall You or any User gain any title to any such software or be entitled to receive a copy of the With A Dot LTD software You are using to provide the Service.
11.2 Subject always to the provisions of section 11.1, With A Dot LTD hereby grants to You a limited, non-exclusive, non-transferable License to access and use the software made available to You and your users by With A Dot LTD for use with the Service for the duration of the Term.
12. Content Ownership
12.1 As a user you retain all ownership rights to content provided by you.
12.2 You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
13. Copyrighted Material
13.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
13.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
13.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
14. Content Monitoring
Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
15.1 We may terminate your organisations account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As an organisation you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
15.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 12, 18 and 19.
16. Access and Backups
16.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.
16.2 You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.
17.1 We are not responsible for the accuracy of any content on the Service, nor any advertisements placed on the Service.
17.2 We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.
18. Limitation of Liability
We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to loss of turnover, sales, revenue or profits, goodwill, loss of business, loss of software or data or any other indirect, consequential or special loss or damage whatsoever.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
20. Warranty Disclaimer
The Service is provided “as is”. With A Dot LTD disclaims all warranties, conditions, guarantees or representations of any kind, whether express, implied or statutory. You must verify that the service will be suitable for You and Your Users requirements.
22. Changes to terms
We reserve the right, on reasonable notice, to change these terms and conditions. It is Your responsibility to check the terms and conditions governing the use of the Service by You or Your Users for any changes.
If we make changes that are material, we will attempt to contact you via an email or other communication 30 days before the changes take effect. It is your responsibility to notify your users.
23. Force Majeure
Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.