Terms & Conditions
Equigate Terms & Conditions
SUMMARY
Equigate acts solely as a facilitator between the Professional and Client. It is a platform, which enables ease ofcommunication between the two parties.
SECTION A – Definitions
Services – any services offered on the Equigate App. i.e. Farrier Service.
Professional – Platform using Service Provider. i.e. Farrier.
Client – platform using Service user. i.e. horse owner.
Invitation Code – a code sent by the professional to their client to grant them access to the Equigate Platform.
Appointment – any appointment booking including up to 5 animals made through the Equigate Platform.
Payment Processor – the payment processor used is ‘Stripe’. Please refer to their individual Terms
and Conditions for their exhaustive Terms of Use.
Internal Communication System – the communication system for professionals and clients to book, reschedule and cancel appointments.
SECTION B – For the Client
1. THE SERVICE
Equigate offers a way to connect you to our Professionals, who offer a range of Services in the equine andcanine industry only. The Equigate Platform allows you to make an Appointment for a Professional and directly payfor your Services through Stripe. Equigate does not operate any Professionals or provide any Services.
Equigate is a platform used by Clients and Professionals. Subject to your compliance with these Terms,Users will have access to Services provided by Professionals through our website and mobile app.
Upon registration for Equigate Services you enter into a contract with Equigate under these Terms andConditions. However, your contract for the Equestrian Services is between only yourself and the Professional.
Equigate acts only as an intermediary between you and the Professionals, including acting as the agent foreach Professional to arrange and conclude your Appointment.
If you use the Equigate Platform to book any Equestrian Services, you also enter into a Contract withthe relevant Professional, including any Professional Terms of Sale.
Professional’s provision of Services and fulfilling any Appointment is subject to the ProfessionalContract. Equigate is not a party to the Professional Contract you have with the Professional.
2. PROFESSIONAL RESPONSIBILITIES
Our Professionals are required to provide Equestrian Services as set out in the relevant ProfessionalTerms of Sale (including any Professional Terms of Sale).
We require our Professionals to ensure that all information provided by them for the Equigate Platform isaccurate, complete and not misleading in any way.
Nonetheless, we cannot verify the information, which Professionals provide to us. It is each Professionalsresponsibility to ensure that all of its Services listed on the Equigate Platform are available and accurately described.
As a client, you have legal rights in relation to services that are not performed with reasonable care and skill orare otherwise not as described. Nothing in these Terms of Service will affect these legal rights.
3. REGISTRATION
In order to create an account and make any Appointment/Order through the Equigate Platform you must beinvited by a Professional by way of an Invitation Code.
To create an Equigate Platform Account you must provide certain information, including your name, address,email address, mobile telephone number and payment information, and any password you set.
As a Client, it will always be free of charge to use Equigate.
4. OBLIGATION TO PROVIDE ACCURATE INFORMATION
You must provide accurate and complete information to Equigate and keep this information up to date through theEquigate Platform. Equigate may verify the information that you provide, and may refuse use of the EquigateServices or Equigate Platform without providing reasons.
It is your (or the person receiving the Professional Services) sole responsibility to communicate in advance anymedical or health-related conditions and/or special needs to the Professional that
might affect or be affected by any Professional Services (for example without limitation, allergy information andhealth matters). This includes checking, prior to purchasing any Product, that it is suitable for you and requestingfurther information from the Professional selling the Product if required.
It is your sole responsibility to disclose in advance any medical, injuries, special requirements or issues of the same to the Professional.
If you or any relevant recipient of the Equestrian Service fail to provide such disclosure neither Equigate nor theProfessional will be liable to you for any injury, loss or damages resulting from the Equestrian Service that couldhave been reasonably avoided if the relevant information had been disclosed prior to receiving the EquestrianService. Equigate hold no liability in relation to any information disclosed on the platform.
It is expressly agreed that Equigate holds no liability for the Services facilitated by the platform.
5. SERVICE COMMUNICATIONS
With Equigate Platform
You agree to receive notifications and emails from Equigate on the email registered to the service.
You further agree that these messages may include promotional content as well as information about your account and Appointment(s).
Your agreement to receive appointment reminders, this is not a condition of using the service and can be terminated at any time.
For information on how we use your personal information, and about promotional and marketingmessages, please refer to our Privacy Policy.
With Professional
Equigate has an internal communication system whereby you can contact Professionals directly.
You further agree that these messages may include promotional content, at the discretion of the Professionalas well as information about your account and Appointment(s).
Your agreement to receive promotional messages is not a condition of using the service and can be terminated at any time.
For information on how we use your personal information, and about promotional and marketingmessages, please refer to our Privacy Policy
6. BOOKING SYSTEM
The Equigate Platform allows you to communicate with the Professional who will have sent you an Invitation Link.You may check and correct any errors before confirming your Appointment.
To book the Client must Message the Professional through the Internal Communication System. The Professionalwill then make the Appointment in their Diary. This allows the Professional to continue providing their usualservice, in line with their own standard practices and policies.
Clients are expected to act in line with the Professional’s own Terms of Sale (including any Deposit Policy,Cancellation Policy or No Show Policy) which is a matter of discretion. Please read and check all Appointmentdetails and any applicable Professional Terms of Sale before confirming your Appointment.
All Equestrian Services shown on the Equigate Platform are subject to availability provided by the Professional.
If you require a tax receipt, you need to contact the Professional directly.
7. PAYMENT PROCESSOR
Clients & Professionals continuing to use the Equigate platform consent to the Terms and Conditions set out by Stripe.
Equigate uses third-party Payment Processor (“stripe”) to take payment for the Equestrian Services Accessedon the Equigate Platform. The processing of payments or credits, as applicable, in connection with your useof the Equigate Platform will be subject to the privacy policies, terms and conditions and other terms of ourPayment Processor and your credit card issuer (in addition to these Terms & Conditions).
Equigate takes reasonable care to ensure that the Equigate Payment Services are available and functioning at alltimes, but cannot guarantee continuous, uninterrupted or secure access to the Equigate Payment Services, norcan we guarantee that the facility is virus or error free as this is a third party service.
Equigate is not responsible for any errors by the Payment Processor. Access to the Payment Processing maybe occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We willattempt to provide reasonable notice of any scheduled interruptions and will do what we can to restore the facility assoon as reasonably possible.
Equigate will remain free of charge for Clients.
8. TAX AND ACCOUNTING
The Professional is solely responsible for any indirect taxes (for example sales tax, VAT, GST, or service tax) onthe total value of an Appointment, plus any adjustments for additional goods or services sold or discountsapplied, where applicable.
Equigate Platform accepts no liability for the tax or accounting of its Professionals, as the Equigate Platform is merely an agent.
9. APPOINTMENT AMENDMENTS, CANCELLATIONS
Rescheduling an Appointment
If you wish to reschedule your Appointment (e.g. time/date) in whole or in part after you have received aConfirmation, you may do so through the Equigate Platform or by contacting the relevant Professional directly.
You may only reschedule your Appointment if your Appointment is not due to take place within a time frame determined by the Professional and set out in the Professional Terms of Sale at their discretion.
The interval between when you may reschedule your Appointment and your scheduled Appointment start timewill be determined independently by each Professional, and disclosed to you at the time of making yourAppointment. You should review and understand the Cancellation Policy before confirming your Appointment on theEquigate Platform. Please note that your ability to reschedule your Appointment will be subject to the Professionalsavailability during the time you wish to reschedule.
Cancelling an Appointment
If you wish to cancel your Appointment, you may do so through the Equigate Platform by contacting yourProfessional directly. You may only cancel an Appointment through the Equigate Platform if your Appointment isnot due within a specific time frame determined by the Professional and set out in the Professional’s Terms of Sale.
The Professional has discretion to impose either of the following remedies:
Cancellation with a fee
It is at the Professionals discretion to send an invoice in line with their Terms of Sale for a fee upon the Client cancelling their appointment.
Cancellation without a fee
It is at the Professional discretion to allow cancellation of appointment without a fee in line with their Terms of Sale.
Equigate has neither authority nor liability over the discretion of the Professional and their Terms of Sale. Ifyou feel a breach has arisen, nothing in these Terms and Conditions will affect your legal rights.
The interval between when you may cancel your Appointment and your scheduled Appointment start timewill be determined independently by each Professional, and disclosed to you at the time of making yourAppointment as part of the Professional’s Terms of Sale.
Equigate Professionals may choose to implement a Cancellation Policy, the terms of which will be disclosed toand confirmed by you at the time of making your Appointment. If a Professional has such a Cancellation Policy, thenthe Professional may send an invoice in line with their Terms of Sale, which may be up to the full amount (100%) ofthe value of the Appointment.
If you cancel an Appointment beyond the time indicated in the Professional’s Cancellation Policy, you will notbe entitled to any refund unless mutually agreed between you and the Professional directly.
Professionals may also choose to implement a No Show Policy. If you fail to turn up to a Professional’sAppointment at the time indicated in your Appointment, a Professional may choose to exercise their No Show Policy,wherein the Professional may send an invoice in line with their Terms of Sale, an amount of up to the full amount(100%) of the value of the Appointment.
No refund will be given where a cancellation is attempted within the t ime period specified in the Cancellation Policy of the relevant Professional.
10. ACCOUNT DELETION
Account Deletion requests can made on the Equigate Account Settings section of the Equigate Platform.
No account can be deleted until it has been satisfied that outstanding invoices have been paid and upcoming appointments have been cancelled.
Upon Account Deletion request you will receive an email within 2 working days with confirmation of accountdeletion, in the event that you have no outstanding liabilities or upcoming appointments.
In the event that there are outstanding liabilities or upcoming appointments you will receive an email with therequisite steps to satisfy the criteria for Account Deletion.
Any requests for account deletion may be denied at the discretion of the Equigate Platform where there are outstanding fees or upcoming appointments. If your account deletion request has been denied and you are unsurewhy, please refer to website for contact details.
Upon deletion of your Account all associated data will be permanently deleted and will be unable to berecovered. The Client must ensure that they definitely wish to delete their account and associated data before doing so.
Due to the requirement of Equigate to consider your deletion request, the actual deletion of your account will not be immediate.
SECTION C – Professionals
11. THE SERVICE
Equigate offers a way to connect you to our Clients, who seek a range of Services in the equine and canineindustry. The Equigate Platform allows you to book an Appointment for a Client and directly pay for your Servicesthrough Stripe. Equigate does not operate any Professionals or provide any Services.
Equigate is a platform used by Client’s and Professionals. Subject to your compliance with these Terms, Users willhave access to Services provided by Professionals through our website and mobile app.
Upon registration for Equigate Services you enter into a contract with Equigate under these Terms andConditions. However, your contract for the Services is between only yourself and the Client.
Equigate acts only as an intermediary between you and the Clients, including acting as the agent for eachProfessional to arrange and conclude your Appointment.
Professional’s provision of Services and fulfilling any Appointment is subject to the Professional’s Terms of Sale.Equigate is not a party to the Professional activities between parties outside of Equigate.
12. CLIENT RESPONSIBILITIES
Our Professionals are required to provide Equestrian Services as set out in the relevant ProfessionalContract (including any Professional Terms of Sale).
We require our Clients to ensure that all information provided by them for the Equigate Platform is accurate,complete and not misleading in any way.
Nonetheless, we cannot verify the information, which Clients provide. It is the responsibility of the client toensure all of their information disclosed prior to, at and post appointment are accurate.
Professionals have legal rights in relation to misrepresentation or inaccurate information disclosed.Nothing in these Terms and Conditions will affect these legal rights.
13. REGISTRATION
In order to create an Account on the Equigate Platform as a Professional you should go to the Equigate website as directed upon registration.
You will be required to provide the relevant information to Equigate and Stripe upon registration.
There is an opportunity as a Professional to have a 14-day free trial. Upon completion of that 14-day free trialyou will not be automatically charged. It is the Professionals responsibility to then choose their preferred payment method.
Account Packages are set out below:
Monthly Subscription
Annual Subscription
Custom Package – (5 appointments, 10 appointments, 20 appointments)
Appointments are limited to 5 animals per appointment. Anything over 5 animals requires a new appointment. When appointments have run out use of App is suspended until more appointments are purchased.
Under the governing law you will not be entitled to any refunds should you cancel your subscription.
14. OBLIGATION TO PROVIDE ACCURATE INFORMATION
You must provide accurate and complete information to Equigate and keep this information up to date through theEquigate Platform. Equigate may verify the information that you provide, and may refuse use of the EquigatePlatform without providing reasons.
You must provide evidence of the qualifications relating to the service that you are providing.
Under no circumstances should an individual set up a false account or provide false information in relation to theiridentity or their ability to provide the service that they are professing to specialise in. If a Professional is found tohave provided false information, their account will be deleted with immediate effect and without notice, and theindividual would be permanently banned from the platform. Equigate reserves the right to report any suchconduct to the relevant authority or governing body of that profession.
15. SERVICE COMMUNICATIONS
With Equigate Platform
You agree to receive correspondence from Equigate on the contact details provided when registering for the service.
You further agree that these messages may include promotional content as well as information about your account and appointment(s).
Your agreement to receive promotional notifications is not a condition of using the service and can be terminated at any time.
For information on how we use your personal information, and about promotional and marketingmessages, please refer to our Privacy Policy.
With Client
Equigate has an internal communication system whereby you can contact Clients directly.
You agree to receive notifications from the Client on the phone number you provided when registering for the service.
For information on how we use your personal information, and about promotional and marketingmessages, please refer to our Privacy Policy.
16. BOOKING SYSTEM
The Equigate Platform allows you to communicate with Clients and enables you to make an Appointment(s).You may check and correct any errors before confirming your Appointment.
To book an Appointment for the Client you must message the Client through the Internal CommunicationSystem. The Professional will then make the Appointment in their Diary.
Professionals will provide Terms of Sale (including any Deposit Policy, Cancellation Policy or No Show Policy) should they wish to rely on the same.
When you create an Appointment it will show in the Equigate Diary and hold the relevant appointment details such as the profile of the animal.
17. PAYMENT PROCESS
Clients & Professionals continuing to use the Equigate platform consent to the Terms and Conditions set out by Stripe.
Equigate uses third-party Payment Processor (“stripe”) to take payment for the Equestrian Services Accessedon the Equigate Platform. The processing of payments or credits, as applicable, in connection with your useof the Equigate Platform will be subject to the privacy policies, terms and conditions and other terms of ourPayment Processor and your credit card issuer (in addition to these Terms & Conditions).
Equigate takes reasonable care to ensure that the Equigate Payment Services are available and functioning at alltimes, but cannot guarantee continuous, uninterrupted or secure access to the Equigate Payment Services, norcan we guarantee that the facility is virus or error free as this is a third party service.
Equigate is not responsible for any errors by the Payment Processor. Access to the Payment Processing maybe occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We willattempt to provide reasonable notice of any scheduled interruptions and will do what we can to restore the facility assoon as reasonably possible.
The only automatic transactions that will be taken are the monthly subscription fees on behalf of Equigate.
Stripe takes a fee from each transaction of 1.7% + £0.20.
18. TAX AND
ACCOUNTING
The Professional is solely responsible for any indirect taxes (for example sales tax, VAT, GST, or service tax) onthe total value of an Appointment, plus any adjustments for additional goods or services sold or discountsapplied, where applicable.
Equigate Platform accepts no liability for the tax or accounting of its Professionals, as the Equigate Platform is merely an agent.
19. APPOINTMENTS, CANCELLATIONS
& REFUNDS
Rescheduling an Appointment
If the Client wishes to reschedule their Appointment (e.g. time/date) in whole or in part after they havereceived a Confirmation, they may do so by contacting the relevant Professional directly.
Clients may only reschedule their Appointment if their Appointment is not due to take place within a time framedetermined by the Professional and set out in the Professional Terms of Sale at their discretion.
The interval between when Clients may reschedule their Appointment and their scheduled Appointment starttime will be determined independently by each Professional, and disclosed at the time of making theAppointment. Clients should review and understand the Cancellation Policy before confirming your Appointmenton the Equigate Platform. Clients should note that the ability to reschedule an Appointment will be subject to theProfessionals availability during the time they wish to reschedule.
Cancelling an Appointment
If Clients wish to cancel their Appointment, they may do so through the Equigate Platform by contacting yourProfessional directly. Professionals may only allow cancellation of an Appointment through the EquigatePlatform if the Appointment is not due within a specific time frame determined by the Professional and set outin the Professional’s Terms of Sale.
The Professional has discretion to impose either of the following:
Cancellation with a fee
It is at the Professionals discretion to send an invoice in line with their Terms of Sale for a fee upon the Client cancelling their appointment.
Cancellation without a fee
It is at the Professional discretion to allow cancellation of appointment without a fee in line with their Terms of Sale.
Equigate has neither authority nor liability over the discretion of the Professional and their Terms of Sale. IfClients feel a breach has arisen, nothing in these Terms and Conditions will affect their legal rights.
The interval between when Clients may cancel an Appointment and the scheduled Appointment start timewill be determined independently by each Professional, and disclosed to the Client at the time of making theAppointment as part of the Professional’s Terms of Sale.
Professionals may choose to implement a Cancellation Policy, the terms of which will be disclosed to andconfirmed by the Client at the time of making their Appointment. If a Professional has such a Cancellation Policy, thenthe Professional may send an invoice to the Client in line with their Terms of Sale, which may be up to the fullamount (100%) of the value of the Appointment.
If an Appointment is cancelled beyond the time indicated in the Professional’s Cancellation Policy, Clients will not be entitled to any refund unless mutually agreed between the Client and the Professional directly.
Professionals may also choose to implement a No Show Policy. If the Client fails to turn up to a Professional’s Appointment at the time indicated in the Appointment, a Professional may choose to exercise their No Show Policy,wherein the Professional may send an invoice in line with their Terms of Sale, for an amount of up to the full amount(100%) of the value of the Appointment.
No refund will be given where a cancellation is attempted within the t ime period specified in the Cancellation Policy of the relevant Professional.
20. ACCOUNT DELETION
Account Deletion requests can be made on the Account Settings section of the Equigate Platform.
Any requests for account deletion may be denied at the discretion of the Equigate Platform where there areoutstanding fees or upcoming appointments. If your account deletion request has been denied and you areunsure why, please contact Equigate.
Your Account Deletion may take up to 31 days to be approved.
Upon deletion of your Account all associated data, including invoices will be permanently deleted and will beunable to be recovered. The Professional must ensure that they definitely wish to delete their account andassociated data before doing so. It is the responsibility of the Professional to save and store all relevant dataprior to Account Deletion.
SECTION D – General Terms
21. ENTIRE AGREEMENT
These Terms and Conditions constitute the Entire Agreement between the Equigate Platform andProfessionals and the Equigate Platform and Clients.
22. NO REPRESENTATION/ NO RELIANCE
The user acknowledges that this Terms and Conditions has not been entered into in reliance wholly or partly onany statement or representation made by or on behalf of Equigate except any such statement or representationexpressly set out in these Terms and Conditions.
23. NO WAIVER
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or anyother, right or remedy nor stop further exercise of any other right, or remedy.
24. SEVERANCE
If one or more of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable bya valid authority, those provisions will be deemed severed from the remainder of these Terms and Conditions(which will remain valid and enforceable).
25. THIRD PARTY
Certain components of the Services may be provided by Third Parties and are subject to separate Terms andConditions. You must agree to those Terms and Conditions before accessing or using such Third Party products, andyou must comply with such Terms and Conditions. We may modify, remove or replace such Third Party products orcomponents from time to time.
26. EXCLSUIVE
JURISDICTION
Each party to this agreement irrevocably agrees that the courts of England and Wales shall have exclusivejurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute,controversy or claim) arising out of or in connection with this agreement, including any question regarding itsexistence, validity, formation or termination. For these purposes, each party irrevocably submits to the jurisdiction ofthe courts.
27. FORCE MAJEURE
Neither party is liable for any failure or delay in performing our obligations where such failure or delay resultsfrom any because that is beyond the reasonable control of that party. Such causes include, but are not limited toindustrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or anyother event that is beyond the control of the party in question.
If the delay continues for a period of 90 days, either party may Terminate or cancel the transactions tobe carried out under these Terms and Conditions.
28. GOVERNING LAW
These terms are governed by and construed in accordance with the governing law of England and Wales.
29. HEADINGS
The headings are for organisational purposes only. They have nothing to do with the interpretation ormeaning of the clauses themselves.
30. AMMENDMENT
We reserve the right to amend these Terms and Conditions as and when it is deemed necessary.
31. LIABILITY
Equigate accepts no liability for any failures or negligence on the part of either party. Equigate is solely a facilitating platform enabling engagement between the Professional and Client and is not responsible for ensuring either party fulfilstheir obligations borne out of the provision of the service.
Equigate is not liable (whether caused by our employees, agents or otherwise) in connection with our provision ofthe Services or the performance of any of our other obligations under these Terms and Conditions or the Order Request for:
any indirect, special, or consequential loss, damage, costs, or expenses or
any Damage to individual, Animal or Property
any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation orgoodwill; business interruption; or other third-party claims; or
any failure to perform any of our obligations if such delay or failure is due to any cause.
any losses caused directly or indirectly by any failure or your breach in relation to your obligations.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused byEquigate negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawfulto exclude or limit liability.
32. INDEMNITY
Equigate are not liable for content on the platform and by using Equigate, you acknowledge that the content youmay be exposed to from other users has no association with Equigate. Users are responsible for their own contenton the platform. You assume all risks in relation to the same, including accuracy of information, claims relating tointellectual property or other legal rights.
By using Equigate you agree to compensate the indemnified party, in the event that you are an indemnifying party.
33. TERMINATION OF
THE TERMS
Equigate may at its discretion terminate your account or use of its service at any time without prior notice. Youare personally liable for any outstanding costs that you incur prior to termination.
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