These Terms will apply to you. Please therefore read these Terms carefully and make sure that you understand them, before purchasing or using any of the Services. Please note that before accessing the Services you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be permitted access to the Services through our app.
We may amend these Terms from time to time as set out in clause 6. Every time you wish to make use of the Service, please check these Terms to ensure you understand the terms which will apply at that time.
Information about us
1.1. The website www.whickr.com and Whickr App found in the Apple App Store and Google Play are operated by Whickr Group Limited. The company is registered in England and Wales with the following details:
1.1.1 Whickr Group Limited - company number 11435294 and with our registered office at Welsh ICE, Britannia House, Caerphilly Business Park, Caerphilly, CF83 3GG. Our VAT number is 300200693
1.2 You may contact us in respect of either of our site or app by emailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 11.2.
2.1 Subject to your compliance with these Terms, you will have access to the Services provided through our site and app.
2.2 Please note that we reserve the right to withdraw or amend the Services we provide on our platforms. You acknowledge that these are delivered to you by means of the internet and that it is an inherently unreliable medium, and that we should therefore not be liable to you if for any reason either of our site or app is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site or app, or the entirety of our site or app to users.
2.3 It is your sole responsibility to ensure that information on our site or app which is provided by you is correct. We do not monitor any user posted content on our site or app for reliability and accuracy. Therefore we cannot make any representation or give any guarantee or warranty as to the completeness or accuracy of the information contained in any user posted content or accept any responsibility for this as we are merely providing access to such information to you.
2.4 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 and app is appropriate 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 sites from outside the United Kingdom, you do so at your own risk.
2.5 You may not mirror or frame any material from our site or app and you agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience whether to us or any other users of our site or app by any means including sending unsolicited communications (also known as ‘spamming’).
2.6 You must not misuse our site or app by knowingly introducing any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or app, the server on which our sites are stored nor any server, computer or database connected to our sites. You must not attack any our site or app 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 or app will cease immediately.
How we use your personal information
Advert Content, Authority and Agreement
4.1 To be eligible to use our Services, you must (i) have full legal capacity to enter into a contract; (ii) if you are an individual, be at least 16 years old. You further represent and warrant to us that you have authority to bind any business on whose behalf you use our sites or app or otherwise access the Services.
Advert Content, Authority and Agreement
5.1 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.2 In registering on our site or app you agree to the following:
5.2.1 by lodging material with us for publication to our site, app or authorising or approving the publication of any material onto our sites you warrant that:
(a) you have all required consents, licenses or permission to use the material;
(b) the material complies with all applicable laws and regulations in the UK and in any country from which it is posted;
(c) the material is not:
(i) defamatory, obscene, offensive, threatening, hateful, abusive or inflammatory;
(ii) made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(iii) does not infringe any intellectual property rights of any other person or entity;
(iv) promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(v) false, fraudulent, misleading or inaccurate, including giving the impression they emanate from us (or any other person or company), if this is not the case;
(d) you either own or are legally entitled to sell each item listed and that the sale of such item is legal in the jurisdiction in which the buyer is resident and such item is not counterfeit or stolen;
5.2.2 whilst we do not monitor the site or app in order to ascertain whether or not you have acted in accordance with the above obligations if we determine that you are in breach of any of the terms of this 5.2.1, we may, in our absolute discretion, take any such action as we deem appropriate, including (but not limited to): removing any content uploaded by you to our sites; issuing a formal warning to you; suspending or terminating your access to our sites; reporting your actions to the appropriate authorities; or taking legal action against you. For the avoidance of doubt YOU MUST OWN OR HAVE A LICENCE TO USE ANY AND ALL IMAGES THAT YOU USE WITHIN YOUR ADVERTS.
5.2.3 we are not responsible for verifying the identity of any users nor are we responsible for the purchase of any products, services, animals or vehicles and you accept that any purchase is at your own risk and are responsible for obtaining any appropriate professional advice required prior to purchasing;
5.2.4 In the event that you have any right, claim or action against any other user arising from that user’s use of our site or app, you agree to pursue such right, claim or action independently of and without recourse to us, and you release us from 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;
5.2.5 Upon adding an advert to our site or app by clicking the “Create Advert” button you acknowledge that we will commence supplying our services immediately and that you will be charged for the advert in full. Each advert is for a single horse or pony and substitutions are not accepted on any adverts other than yard advertisments.
5.2.6 and you shall 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 or incurred by us arising out of or in connection with any breach of 5.2.1 – 5.2.6 above.
Our right to vary these Terms
6.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you purchase from us, the Terms in force at the time of your purchase will apply to the Contract between you and us.
Your account and use of the Services
7.1 You must treat your account details, including your username and password, as confidential, and not disclose them to any third party other than those employees or members of your business who have your authority to access our sites.
7.2 If you know or suspect that anyone other than a third party you have specifically authorised knows your user identification code or password, you must promptly notify us at email@example.com.
7.3 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.
7.4 Our sites may only be used for lawful purposes. You are prohibited from violating or attempting to violate the security of our sites or using them to obtain products or services not properly ordered and fully paid for.
7.5 You may not interrupt or attempt to interrupt the operation of our sites in any way or send unsolicited messages (‘Spam’) to or through our site or app, or otherwise harass the site owner, provider, or other users.
7.6 Our site and app may contain references or cross references to products that are not available in every country.
7.7 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.
Our Provision of the Services
8.1 We will make reasonable efforts to keep the Services operational at all times. Technical difficulties may result in temporary interruptions to the Services.
8.2 No interruptions to the Services shall entitle you to a refund of any payment already made by you.
8.3 We are under no obligation to provide any content for the Services and reserve the right to upload, remove, vary or otherwise deal with any content provided on our sites from time to time.
Licence and intellectual property
9.1 Any content you upload to our sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you by these Terms you grant us and other users of our site and app a limited licence to use, store and copy that content and to distribute and make it available to third parties. 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 any of our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
9.2 “Whickr” is our registered trademark and neither the name of the company, nor any logo or device incorporating that mark or our company name shall be used without our prior written consent.
9.3 All intellectual property rights, and all other rights including goodwill, whether now known or created in the future, in the content provided through the Services is our property and shall vest in us.
9.4 Under the User Contract we grant you a limited, non-exclusive, revocable licence to view, access, download or print content provided through the Services (Licence). When you download or print any content, you must ensure that all copyright, trade mark and other proprietary notices comprised within that content are retained.
9.5 You shall not assign or sub-licence your rights under the Licence.
9.6 Your Licence does not permit you to:
9.6.2 amend or modify;
9.6.6 broadcast; or
9.7 content or material provided via the Services, use any of our trade marks, or authorise or assist anyone else to do so without our express prior written consent.
9.8 If you breach the terms of this clause 11, we may, in our absolute discretion, terminate your right to use any of our sites immediately and in any event you must, at our option, return or destroy any copies of the materials you have made
10.1 Nothing in these Terms limits or excludes our liability for:
10.1.1 death or personal injury caused by our negligence; or
10.1.2 fraud or fraudulent misrepresentation;
10.2 Subject to clause 10.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
10.2.1 any loss of profits, sales, business, or revenue;
10.2.2 loss or corruption of data, information or software;
10.2.3 loss of business opportunity;
10.2.4 loss of anticipated savings;
10.2.5 loss of goodwill; or
10.2.6 any indirect or consequential loss.
10.3 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:
10.3.1 use of, or inability to use, our sites; or
10.3.2 use of or reliance on any content displayed on our sites.
10.4 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, computer programs, data or other proprietary material due to your use of our site and app, or to your downloading of any content on them, or on any website linked to them.
10.5 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 linked websites. We will not be liable for any loss or damage that may arise from your use of them.
10.6 Subject to clauses 12.1 to 12.5 above, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the total Subscription Fees paid by you under the Contract in the relevant year.
10.7 You shall remain solely responsible for compliance with your legal duties and obligations, including (but without limitation) in respect of all sales or services provided to your own customers.
10.8 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the content provided through the Services is suitable for your purposes.
Communications between us
11.1 When we refer, in these Terms, to “in writing”, this will include email.
11.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service to:
Whickr Group Limited
Caerphilly Business Park
Or, by email to firstname.lastname@example.org.
11.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; 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 if sent by email, one Business Day after receipt.
11.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
11.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
12.1 Any non-personal information or material, save for financial information, sent to us will be deemed NOT to be confidential. By sending us any non-personal information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless:
12.1.1 You grant us permission to do so;
12.1.2 We first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or
12.1.3 We are required to do so by law.
Promotions and Competitions
13.1 From time to time, we may choose to run promotions for subscribers including specific offers or discount opportunities (Promotional Offers) or competitions (Competitions) via our site and app. In addition to these Terms set out above and below, any description and terms of each Promotional Offer or Competition set out on the site (Promotion Terms or Competition Terms) shall also apply.
13.2 All of our Promotional Offers are also subject to the following specific terms and conditions:
13.2.1 Promotional Offers are only valid for individual advertisers and may not be used by commercial advertisers.
13.2.2 Promotional Offers may only be used against full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated;
13.2.3 Promotional Offers are valid for a limited period of time as specified in the original marketing communication containing the Promotional Offer and cannot be used outside of that period;
13.3 Promotional Codes are for use by the intended recipient only and proof of entitlement to use a Promotional Code may be requested; and
13.3.1 All orders using Promotional Codes are subject to our acceptance and any improper use of Promotional Codes may result in the cancellation of your order.
13.4 All of our Competitions are also subject to the terms of entry, particular rules and prize or prizes (and any terms relating to that) that are specific to that competition, in addition to which every competition should be considered to incorporate the following specific terms and conditions:
13.4.1 There will be a specified prize, which may be subject to its own terms and conditions which will be set out in the Competition Terms. Use of such a prize shall constitute acceptance of those terms and conditions.
13.4.2 You will be deemed to have accepted these terms and conditions and to have agreed to be bound by them when entering any Competition.
13.4.3 Entries can be made by filling in your name, address and email on the Competition entry form and confirming the answer to the competition question on our website, app or social channels. Entries that are lost, incomplete, illegible or indecipherable, in our sole discretion, will not be valid and you will be disqualified.
13.4.4 Each entrant may enter the Competition only once. No purchase is required.
13.4.5 Entrants must be residents of the United Kingdom and aged 16 or over. We may need to see proof of age. Providing any false details will result in disqualification, and the immediate withdrawal of any prize entitlement.
13.4.6 Competitions are not open to our employees, agents or their families.
13.4.7 We reserve the right to cancel or change the Competition Terms at any stage, if deemed necessary in our sole opinion.
13.4.8 We cannot guarantee that the prize will be free from disruptions, failings and/or errors, and we cannot be held to be liable for any act or omission of the prize provider, and you now agree not to hold us at fault for any act or omission of the prize provider.
13.4.9 Our decision is final and no correspondence will be entered into.
13.4.10 In consideration of being awarded the prize, the winner may be required by us to take part in publicity related to the prize, and you now confirm that you will take part in such publicity if you are a winner. Such publicity may include, without limitation, use of your name, using photographs of you taken by us at and/or in relation to any prize event, and statements made by you concerning the prize which we can use in our marketing.
13.4.11 We will not in any circumstances be responsible or liable to compensate a prize winner or accept any liability for any loss or damage occurring as a result of taking up a prize, except where it is caused by our negligence.
13.5 To the extent that there is any conflict between these Terms and the Promotion Terms or Competition Terms (as applicable), then the Promotion Terms or Competition Terms (as applicable) will apply.
Other important terms
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
THE WHICKR APP
The Whickr app acts as a venue which allows users to sell and buy horses & ponies, at any time, from anywhere. We are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell or the ability of buyers to buy. Do not assume that the sale, purchase, export or import of any horse or pony is valid and legal simply because it is listed on our app. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you. Whickr recommends that you have any horse or pony that you wish to purchase vetted prior to purchase by a professional veterinary surgeon independent from the seller. Whickr cannot be held responsible for buyers purchasing horses or ponies that are unsuitable for the capability of the purchaser. Buyers buy at their own risk and must take the appropriate professional advice prior to purchasing.
Whickr cannot and does not confirm the purported identity of users or the validity of the information which users upload to our app.
In the event that you have any right, claim or action against any other user arising from that user’s use of our app, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Whickr from 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.
We do not control the information provided by other users which is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our app. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
If you are a seller, you must ensure that you are legally able to sell each item described, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer’s jurisdiction.
You acknowledge that we will commence supplying our services to you as soon as you have pressed the “Publish Advert” button and therefore sent the advert to us, or emailed the advert to one of the Whickr email addresses and you recognise that you have agreed to sell the item and pay the relevant charge for advertising.
Sellers or traders will be responsible for paying all fees associated with using our service and our app and all applicable taxes.
“Your Information” is defined as any information you provide to us or other users in relation to the Whickr service (including, without limitation, any description of horses or ponies listed). You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Contents are only for general information.
The Whickr app is updated regularly. However, we hereby exclude any warranties as to the quality, accuracy, completeness, performance, fitness for a particular purpose of the app or any of its contents.
Whickr and its owners will not be liable for any damages without limitation, damages for any consequential loss or loss of business opportunities or loss of profits; However, arising from the use of or inability to use the Whickr app, or any of its contents, or from any action or omission taken as a result of using the app or any of its contents.
This app contains material in the form of advertisements submitted by third party advertisers and we accept no responsibility for the content or accuracy of such advertisements, nor do we make any guarantee of the contents of this App in respect of the existence or availability of anything advertised whatsoever.
We make no warranty that the contents of the Site are free from infection or viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
Where part of the App contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the App complies with all legal requirements. Although acceptance of advertisements on the App is subject to our discretion, we do not accept liability in respect of any advertisements.
All standard adverts are for one horse or pony and substitutions are allowed.
All adverts that are for business must be marked disclosed on the advert. We may immediately suspend or terminate the contract and remove an advert if we believe you to be a business seller masquerading as a private seller – See BUSINESS ADVERTISING below
All liability is excluded to the extent permitted by law including any implied terms.
PHOTOGRAPHS & VIDEOS
- ALL photographs & videos used on the app MUST have the prior consent of the person who created the media being used. The seller is responsible for gaining any approval prior to uploading to the app. Whickr cannot be held responsible for any issues arising due to copyright protection on photographs.
WEB SITE LINKS
Whickr accepts links to third party websites. No website links will be accepted if the website being linked to is a competitor to Whickr in any way. If the website being linked to offers, accepts, promotes or is associated with another website that supplied online advertisements from third party advertisers the website link will be rejected.
You should note that certain links on the app lead to resources located 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.
REFUSAL OF ADVERTISEMENTS
Whickr accepts advertisements at its own discretion. Whickr has a right to reject any advertisments if it does not comply with the terms and conditions of advertising. Whickr does not have to justify its reasoning for the rejection of any advertisements.
If an advertiser is stopped from advertising on the app for whatever reason (which Whickr does not have to justify), they will receive notification of this in an email or by letter. The advertiser must then not submit advertisements to Whickr, this includes advertisements submitted from their companies or businesses, companies or business associated to them or any person submitting adverts on their behalf. If after notification of Whickr’s decision to no longer allow their advertisements any advertisements submitted to Whickr which are submitted from them, their companies or businesses, or any person submitting advertisements on their behalf will be dealt with as follows.
- If the advertisement is processed and it then comes to light that the advertisement is related to or has been submitted on behalf of the banned advertiser, the advertisement will be immediately withdrawn and no refund will be made.*
If an advertiser does not comply with Whickr Terms and Conditions of Advertising Whickr will withdraw any advertisers advert from the app without warning and no refund will be made.
Whickr will reject adverts from advertisers who are under 16 years old.
All standard adverts are for one horse or pony and no substitutions are allowed. Whickr will disallow substitute adverts.
If you are acting 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 requires all adverts placed by people who seek to sell goods in the course of business to make the fact clear. This requirement applies whether the advertiser is acting on his own behalf, or for some other person. Customers should be able to tell whether an advert relates to a sale by a trade or private seller. It is the responsibility of the advertiser to comply with the Regulations. If you are a trader acting in the course of your business, it is an offence, for which you may be prosecuted, not to advertise the fact that you are a trader.
We may, in our sole discretion, remove any advert that has been placed as private which we reasonably believe has been placed by a trader acting in the course of a business. In such circumstances, you will not be entitled to any refund for the advert in question and you may be charged an administration fee by us.
No refunds will be made after the advertisement has been processed and placed live on the Whickr app. The only exceptions to this will be at Whickr’s discretion and only in exceptional circumstances.