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 https://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 marketplace and directory listings, message other users, and create your own adverts and user profile (the services).
2. Who we are and how to contact us
https://www.whickr.com and the Whickr mobile App are operated by Equello Ltd, trading as Whickr (“we”, “us” and “our”). Equello Ltd is registered in England and Wales under company number 16864322 and has its registered office at 1 Waterside Business Park, Lamby Way, Cardiff, Wales, CF3 2ET.
Equello Ltd became Whickr’s operator on 10 August 2026 and is the contracting party for services it provides from that date.
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. Certain services may require you to expressly 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 must be aged 16 or over to create an account or use our account-based services.
Users aged 16 or 17 may create an account, submit a public listing and message other users, subject to these terms.
You must be aged 18 or over to purchase an advertisement or other paid service from us (a Paid Service) or otherwise enter into a contract with us. A parent or legal guardian may purchase a Paid Service and enter into the contract with us in their own name for a listing submitted by a user aged 16 or 17.
If you use the services on behalf of a business or another organisation, you confirm that you have authority to bind that business or organisation.
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 Website Privacy Policy and App Privacy Policy.
6. We may make changes to these terms
These revised terms were published and last updated on 14 August 2026. Equello Ltd has operated Whickr since 10 August 2026.
These revised terms apply from 14 August 2026 to anyone who creates an account on or after that date. They also apply to a new Paid Service purchased on or after that date where these terms are clearly presented to and affirmatively accepted by the purchaser.
For an existing user who had an account before 14 August 2026, changes in these revised terms that affect their existing contractual relationship with Whickr apply from 1 September 2026, unless the user validly accepts those changes or, where permitted by law, waives any remaining notice earlier.
We will publish the current version on our site and App. Where a change is material, we may also notify you through your account or using the contact details associated with your account.
If you are a business user, where required by law we will notify you on a durable medium, such as email, and give you at least 15 days’ notice of changes. An existing business user may waive any remaining notice period by a written statement or clear affirmative action after receiving notice of the proposed change. This may include submitting a new listing after receiving notice where applicable law treats that action as a valid waiver. Where a change requires significant technical or commercial adaptations, we will give any longer notice period required by law.
Advance notice may not apply where an immediate change is required by law or is necessary to address an unforeseen and imminent risk relating to fraud, malware, spam, a personal data breach or cybersecurity.
You may stop using the services and close your account before a change takes effect.
A purchase completed before the date on which these revised terms apply to it remains governed by the terms presented at the time of purchase. Nothing in this section changes accrued rights or liabilities or applies new provisions retrospectively, unless required by law or agreed with you.
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
Some parts of our site and App are made available free of charge. We charge for advertisements and other paid services where stated.
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.
Temporary interruptions to the services will not normally entitle you to a refund. This does not affect your statutory rights or any remedy available where we fail to provide a paid service as agreed. 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 Website Privacy Policy and App Privacy Policy, as applicable.
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” and the associated trade marks and branding are owned by or licensed to Equello Ltd. You may not use the Whickr name, the name of our company, or any logo or device incorporating either 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, trade mark and other proprietary notices contained within that content are 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 clause does not prohibit automated access that we have expressly authorised through a written agreement, an authorised API or published crawler instructions intended for legitimate search-engine indexing.
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 any publicly available page on our site, including marketplace pages, category pages and individual listings, provided that you do so in a way that is fair and lawful and does not damage our reputation or take unfair advantage of it.
You must not establish a link in a way that suggests any association, approval, sponsorship or endorsement by us where none exists.
You must not frame our site or reproduce a Whickr page within another website or application without our prior written permission.
This does not prevent an authorised partner from using a co-branded service, integration or other functionality agreed with us.
The website or content containing the link must comply with our Content Standards.
We reserve the right to withdraw linking permission where reasonably necessary.
If you wish to frame, reproduce, syndicate or otherwise make commercial use of Whickr content, 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 advertise and find horses and ponies, horse tack, horseboxes and trailers, equestrian property, equine jobs and equestrian services. 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 advertisers to supply or the ability of other users to buy, hire or engage. Do not assume that a transaction 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 and prohibited uses set out below at C: CONTENT STANDARDS & PROHIBITED USAGE OF THE SITE AND APP. You further represent and warrant that you have all required licences, consents and permissions to use the content.
If you are a business user, section B13 explains your responsibility for losses and third-party claims resulting from a material breach of this section.
Any content you publish to our site or App, by way of an advertisement, public profile or otherwise, will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your public 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).
Private messages and enquiries are not public Contributions and are not licensed to us for public distribution, promotion or partner use under section B5. We may store, access, review and disclose them only as described in our Website Privacy Policy and App Privacy Policy, as applicable, including where reasonably necessary to deliver the messaging service, provide support, investigate reports or disputes, detect or prevent fraud, scams, misuse or security issues, enforce these terms, protect users, animals or the public, or comply with the law.
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 breaches the prohibited uses set out in section C.
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 advertise
By placing an advertisement, you confirm that you own, or are authorised to advertise, the animal, item, vehicle, property or other subject of the advertisement; or that you are authorised to offer the vacancy or service advertised. You must act lawfully and must not advertise stolen or counterfeit property.
5. Rights you are giving us to use material you upload
When you publicly upload or post content to our site or App, by way of an advertisement, public profile 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.
These licences do not apply to private messages or enquiries.
6. Paid advertisements, renewals and add-ons
When you submit and pay for a one-off advertisement, you expressly request that we begin providing the advertising service immediately.
The one-off advertising service you purchase consists of processing, creating and publishing your advertisement on Whickr using the information and media you provide. That service is fully performed when your advertisement first goes live on our site or App.
Prices for paid advertisements and add-ons are displayed on the relevant pricing or purchase page and at checkout. The price, duration and billing frequency displayed at checkout and confirmed in your order confirmation form part of your contract with us.
Advertisements for horses and ponies, horse tack, horseboxes and trailers, and equestrian property remain live until you mark them as sold or otherwise remove them, subject to these terms. Equine job advertisements remain live for 8 weeks. Manually billed or otherwise offline advertisements have the same duration as the equivalent online advertisement and do not renew automatically.
New online advertisements for livery, stallions at stud, equestrian freelancers and equestrian business services are ongoing services supplied for 12 months. They renew automatically for further 12-month periods until cancelled. By purchasing one of these services, you authorise us and our payment provider to take the recurring annual payment displayed at checkout and confirmed in your order confirmation using your selected payment method. We will not change the price during a period for which you have already paid. If we propose a different price for a future renewal, we will notify you clearly and reasonably in advance, and you may cancel before the new price takes effect. Existing advertisements and manually billed or otherwise offline advertisements renew manually rather than automatically.
You may cancel a future automatic renewal at any time by emailing tackroom@whickr.com. Cancellation stops the next renewal payment but your advertisement remains live until the end of the period for which you have already paid.
If you are a consumer, you would normally have a statutory right to cancel a service purchased online within 14 days. By agreeing to these terms and submitting a one-off advertisement for immediate publication, you acknowledge that you will lose that cancellation right once your advertisement is live and the one-off advertising service has been fully performed. For a 12-month ongoing service, if you ask us to start the service during the 14-day cancellation period and then cancel during that period, we may charge you an amount proportionate to the service supplied before you told us you wished to cancel.
You may exercise any applicable cancellation right by emailing tackroom@whickr.com.
You may remove your advertisement at any time after publication, but you will not be entitled to a refund solely because you choose to remove it. This does not affect your statutory rights if we fail to provide the advertising service with reasonable care and skill or otherwise breach our contract with you.
Each advert is for a single animal, item, property, vacancy or service provider, as applicable, and no substitutions will be accepted.
Paid add-ons are separate services from the underlying advertisement and do not extend the duration of the underlying advertisement.
A single Boost is a one-off service that moves your advertisement to the relevant promoted position when the Boost is applied. By ordering a Boost for immediate application, you expressly request that we perform that service immediately and acknowledge that the service is fully performed when the Boost has been applied. If you are a consumer, your statutory right to cancel that Boost ends once it has been fully performed.
A single social media promotion is a one-off service where Whickr publishes or distributes the relevant promotion. Where you request immediate performance, the service is fully performed once the agreed promotion has been published or distributed. If you are a consumer, your statutory right to cancel that social media promotion ends once it has been fully performed. No particular reach, engagement, enquiry or result is guaranteed.
Featured placement is supplied for the period shown at checkout, currently 7 days. If you are a consumer and request that Featured placement begins during your statutory cancellation period, you expressly request immediate performance. If you exercise your statutory right to cancel before the Featured period has ended, we may charge an amount proportionate to the Featured service supplied before cancellation.
A five-Boost package consists of five separate Boosts supplied according to the schedule shown at checkout. Each individual Boost is fully performed when it is applied. If you exercise an applicable statutory cancellation right before all Boosts have been supplied, we may charge for the Boost services already supplied and refund any amount required by law in respect of services not yet supplied.
Removing an advertisement, marking it as sold, or no longer requiring an add-on does not by itself entitle you to a refund. This does not affect any statutory cancellation right or other statutory remedy that applies.
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. Except where we are required by law to give a business user a statement of reasons, we are not required to give a reason for a rejection. If an advertisement is resubmitted by another user, or a third party submits 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 paid advertisement purchased by a person under the age of 18, unless it was purchased and contracted for by a parent or legal guardian in their own name.
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. Consumer protection law requires persons advertising in the course of a business to make their commercial status clear and prohibits traders from falsely representing themselves as private sellers. 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 applicable consumer protection law, 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.
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. Transactions with other users
We are not responsible for verifying any user identity, or for the purchase of any product, service, animal or vehicle. You accept that you are responsible for deciding whether to enter into any transaction arising from an advertisement on the site or App. This does not exclude or limit our responsibility for our own breach, negligence or failure to comply with a legal duty.
12. Claims against other users
If you have a dispute with another user arising from that user’s use of our site or App or from a transaction between you, you are responsible for pursuing that dispute against the other user. We are not a party to transactions between users. This does not exclude or limit our responsibility for our own breach, negligence or failure to comply with a legal duty.
13. Business-user responsibility
If you are a business user, you will be responsible for reasonable direct losses and third-party claims that we incur and that are directly caused by your material breach of Part B. You will not be responsible to the extent that a loss or claim was caused by our own breach, negligence or unlawful conduct, and we will take reasonable steps to mitigate any recoverable loss.
14. Additional information for business users
Ranking. The main parameters that determine the order of listings are the sort option selected by the user, whether a listing has an active paid Featured placement or Boost, and the time at which the listing was published, Featured or Boosted. The user’s selected sort establishes the underlying order. An active Featured placement gives a listing substantial prominence over non-Featured listings. A Boost improves prominence from the time it is applied, and publication time is the main parameter for the default newest-first order after paid prominence has been taken into account. Search criteria and filters, listing availability and trust, safety or fraud controls may determine whether a listing is eligible to appear. We do not disclose exact algorithmic weights or information that could enable search manipulation or harm users.
Payment for Featured placement or a Boost can therefore materially improve a listing’s prominence. Other paid listing features do not improve ranking unless we say so on the relevant purchase page. We do not otherwise give preferential ranking to goods or services offered by Whickr or a business controlled by us.
Data access. We have access to information that business users and other users provide to Whickr and information generated through use of the services, including account and profile information, listings and public content, messages and enquiries, transaction and payment-status information, and technical and usage data. We use that information to provide, secure, moderate, support, analyse and improve Whickr, process payments, prevent fraud and enforce these terms, as described in our Website Privacy Policy and App Privacy Policy, as applicable.
Business users can access and manage their own account, profile and listing information and can access messages and enquiries in which they participate, subject to the functionality available through Whickr. They do not have access to private information about other users or aggregated marketplace data unless we expressly make it available. Public information remains accessible in the same way as it is to other users.
We may provide information to service providers needed to operate Whickr and may display or distribute public listings through authorised marketplace, media and co-branded partners, search engines, social platforms, listing feeds and advertising channels. Limited referral, support or operational information may also be shared where necessary to provide a partner-branded service. Further information is set out in our Website Privacy Policy and App Privacy Policy, as applicable. Removing a listing stops further distribution by us, subject to reasonable processing time and copies, caches and records that may remain as described in the applicable policy.
When a business user closes its account or its relationship with us ends, access to account tools and non-public data may be withdrawn. Business users should retain any information they need before closing their account. We may retain information after the relationship ends where described in our Website Privacy Policy and App Privacy Policy, as applicable, or required by law.
Restrictions, suspension and termination. We may restrict or suspend a listing, account or service, or terminate our relationship with a business user, where the business user or its content breaches these terms or the law; creates a fraud, scam, security, safety or rights-infringement risk; fails to pay an amount due; misrepresents its identity or commercial status; repeatedly breaches our rules; or where action is required by law or reasonably necessary to protect Whickr, its users, animals or the public.
Where required by law, we will give a business user a statement of reasons on a durable medium before or when a restriction or suspension takes effect. If we terminate all online intermediation services supplied to a business user, we will normally provide the statement of reasons at least 30 days before termination takes effect. That advance notice may not apply where a legal or regulatory obligation requires earlier action, there is an imperative legal reason for immediate termination, or the business user has repeatedly breached these terms. Where advance notice does not apply, we will provide the statement without undue delay where required. We may withhold facts or reasons where the law requires or permits us to do so.
A business user may ask us to review the facts and circumstances of a restriction, suspension or termination by emailing tackroom@whickr.com. If we reverse the decision, we will reinstate the affected service and relevant data access without undue delay where required by law.
Business users may end their relationship with us by closing their account or contacting tackroom@whickr.com, subject to any paid service already ordered and any amounts that remain due. Section B6 explains how to stop a future automatic renewal.
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
3. A Contribution must not:
Be defamatory of any person
Be obscene, offensive or inflammatory
Be abusive, hateful, bullying or violent, including by insulting, intimidating or humiliating any person, or promote or incite violence
Be pornographic or promote sexually explicit material
Include child sexual abuse material
Encourage, promote or provide instructions for suicide, self-harm or eating disorders
Encourage, promote or provide instructions for using harmful substances
Encourage, promote or provide instructions for dangerous stunts or challenges
Otherwise be likely to present a material risk of significant harm to children
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
alcoholic drinks that are aimed specifically at under 18s or 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. We may oversee, monitor or moderate interactive services and will take such measures as we consider appropriate or as required by applicable law. We do not guarantee that all user-generated content will be reviewed before it is published or communicated.
Users under 16 may not create an account or use account-only interactive services. Users aged 16 or 17 may create an account, submit a public listing and message other users, subject to these terms. We encourage users aged 16 or 17 to involve a parent, guardian or another trusted adult where appropriate, but this is not a condition of using those services.
Paid Services may be purchased only by a person aged 18 or over. A parent or legal guardian may purchase a Paid Service and enter into the contract with us in their own name for a listing submitted by a user aged 16 or 17.
We advise parents, guardians and other trusted adults to discuss online safety and potential risks with young users. Our age rules do not limit or remove any safeguarding, privacy, online-safety or other regulatory responsibilities that apply to us.
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.
7. Online safety, reporting and complaints
You must not publish, upload, post, send, promote or facilitate illegal content through our site or App. Illegal content includes, without limitation, terrorism content, child sexual exploitation and abuse content and other priority illegal content. These examples are not exhaustive.
We use proportionate systems and processes intended to prevent users encountering priority illegal content, to mitigate the risk of Whickr being used to commit or facilitate priority offences, and to minimise the time priority illegal content is present on our site or App. We will swiftly remove illegal content once we are alerted to it or otherwise become aware that it is illegal. Where appropriate or legally required, we may also restrict or reduce the visibility of content, restrict access to features, warn users, suspend or terminate accounts or services, preserve relevant information, and report matters to law enforcement or another competent authority.
Terrorism content. Terrorism content is prohibited and may be reported using the routes below. We will review reported or otherwise identified terrorism content and remove it swiftly once we become aware that it is illegal. Where appropriate or legally required, we may also restrict or terminate an account, preserve relevant information and report the matter to a competent authority.
Child sexual exploitation and abuse content. Child sexual exploitation and abuse content is prohibited. Reports will be considered according to their seriousness and urgency, and we will remove the content swiftly once we become aware that it is illegal. We may preserve relevant information and report the matter to the appropriate authority where legally required.
Other priority illegal content. Other priority illegal content is prohibited. We use reports, proportionate review and moderation, and appropriate enforcement action to minimise how long it remains available and to remove it swiftly once we become aware that it is illegal.
These processes cannot prevent every instance of illegal or harmful content. We do not continuously monitor every listing, message or other communication, and we do not promise a fixed response time or particular outcome. This does not affect our commitment to swiftly remove illegal content once we are aware that it is illegal.
The protections below apply to every child who can access any part of Whickr, including children browsing public pages and registered users aged 16 or 17.
For the four primary-priority categories below, our proportionate measures include prohibition under the Content Standards, reports through an in-product control or tackroom@whickr.com, proportionate review and moderation, and the removal or restriction of content. In each case:
Pornography. We use these proportionate measures intended to prevent children of any age from encountering pornography.
Suicide content. We use these proportionate measures intended to prevent children of any age from encountering content that encourages, promotes or provides instructions for suicide.
Self-harm content. We use these proportionate measures intended to prevent children of any age from encountering content that encourages, promotes or provides instructions for self-harm.
Eating-disorder content. We use these proportionate measures intended to prevent children of any age from encountering content that encourages, promotes or provides instructions for eating disorders.
For the remaining priority categories below, we use the same Content Standards, reporting routes, proportionate review and moderation, and content-removal or restriction measures to protect children from encountering the relevant content. In each case, we may also warn users, restrict features, or suspend or terminate an account or service where appropriate:
Abusive content. We use these measures to protect children from encountering abusive content.
Content that incites hatred. We use these measures to protect children from encountering content that incites hatred.
Bullying content. We use these measures to protect children from encountering bullying content.
Violent content. We use these measures to protect children from encountering violent content.
Harmful-substances content. We use these measures to protect children from encountering content that encourages, promotes or provides instructions for using harmful substances.
Dangerous-stunts and challenges content. We use these measures to protect children from encountering content that encourages, promotes or provides instructions for dangerous stunts or challenges.
Where we identify other content that is likely to present a material risk of significant harm to children, we may apply the same proportionate reporting, review, moderation and enforcement measures.
The same Content Standards, reporting routes, review process and enforcement options protect children regardless of age. Users under 16 are not permitted to create an account or use account-only services. Users aged 16 or 17 may use account services and receive the same content protections. These distinctions and measures do not guarantee that harmful content will never be encountered.
Reports may be submitted by registered users, people who do not have a Whickr account, and other people affected by the relevant listing, message, account or content. You may report content that you believe is illegal or harmful to children using the relevant in-product reporting control where one is available, or by emailing tackroom@whickr.com. The email route is available where there is no suitable in-product control.
Identify the relevant listing, account, message or other content, explain your concern, and provide a link, identifier or description where possible. Do not download, copy, attach or email illegal imagery or other unlawful material.
If you or another person is in immediate danger, contact the police or appropriate emergency service. Do not rely solely on reporting the matter to Whickr.
A user or other affected person may complain about:
Content they believe is illegal
Content they believe is harmful to children
How Whickr handled a report
A decision to leave content available
The removal, restriction or reduced visibility of content
A warning, feature restriction, suspension or termination
Whickr’s alleged failure to comply with its applicable online-safety, content-reporting or complaints responsibilities
Where relevant, the effect of Whickr’s online-safety measures on freedom of expression or privacy
Until a separate appeal tool is available, you may make a complaint by emailing tackroom@whickr.com. Identify the original report or decision and explain why you believe it should be reconsidered.
We will consider the information you supply and any relevant information available to us. Where appropriate, we will prioritise reports and complaints according to their seriousness, immediacy, potential reach and risk to children. We will take appropriate action where warranted and communicate the outcome and reasons where appropriate and legally permitted. We do not guarantee a fixed response time.
The separate statement-of-reasons and review rights for business users in section B14 continue to apply.
Knowingly making false, abusive or malicious reports, or otherwise misusing a reporting channel, may be a breach of these terms.
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. Liability we do not exclude
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.
Nothing in these terms affects any statutory rights that cannot lawfully be excluded or limited.
2. If you are a consumer user:
We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our failure to provide services with reasonable care and skill. We are not responsible for loss or damage that is not caused by us or that was not reasonably foreseeable when the contract was made.
We provide a marketplace through which users may find and contact each other, but we are not a party to transactions between users. We are not normally responsible for disputes or losses arising from those transactions, except to the extent that they are caused by our own breach, negligence or failure to comply with a legal duty.
We are not responsible for the content of third-party websites linked from our site or App, or for loss caused by viruses, distributed denial-of-service attacks or other technologically harmful material, unless the loss was caused by our breach, negligence or failure to comply with a legal duty.
You agree not to use our site or App for commercial or business purposes. We are not responsible to you for loss of profit, loss of business, business interruption or loss of business opportunity.
3. 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.
4. Liability cap for business users
Subject to section E1, if you are a business user, 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
If you are a business user, 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 unless 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. 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.
MODEL CANCELLATION FORM
You do not have to use this form. You may exercise an applicable statutory cancellation right by sending us any clear statement that you wish to cancel.
Complete and send this form only if you wish to cancel an eligible service during the statutory cancellation period.
To:
Equello Ltd, trading as Whickr
1 Waterside Business Park
Lamby Way
Cardiff
Wales
CF3 2ET
Email: tackroom@whickr.com
I give notice that I wish to cancel my contract for the following Whickr service:
Service ordered:
Order reference:
Date ordered:
Name:
Address:
Email address:
Signature (only if this form is sent on paper):
Date:
To stop a future automatic renewal, email tackroom@whickr.com before the next renewal date.