Terms
STANDARD TERMS & CONDITIONS OF HOLISTIC EQUITATION LTD
These terms of use (“Terms”) represent an agreement between you and Holistic Equitation ltd (“we,” “us,”, “Holistic Equitation” or the “Company”) and govern your use of our websites including derekandjo.com, holisticequitation.com and schoolingmadesimple.com collectively among others (the “Sites”) and any products or services made available from time to time by means of a password protected Programme Library area within any of these sites (the “Products”). We refer to the Sites and the Products collectively in these Terms as the “Services.” By using any of the Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.
1. SERVICES
Holistic Equitation grants you a non-exclusive, non-transferrable, revocable license to use the Services, including the Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. Holistic Equitation reserves the right to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. The Company shall maintain a password-protected Programme Library area containing Products comprising video lessons, audio lessons and other information. Subject to payment of any applicable fees (and in the case of subscription-based products, any applicable timescales) Holistic Equitation grants you a non-exclusive, non-transferrable, revocable license to access the Products you have purchased for as long as the Programme Library area exists. In the event that the Company decides to discontinue supporting any Product or to close the Programme Library area it shall use reasonable endeavours to provide clients who remain in good standing with at least 30 days notice and the facility to download the core resources of Products already purchased. You agree that Holistic Equitation will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services other than as described above. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
2. PAYMENT
You may purchase licenses to certain Products as specified on the Sites. When you make a purchase, you authorise us to charge the credit or debit card you provide (on a periodic basis if appropriate, depending on which payment plan you elect to use).
Prices of the Services are specified on our Sites and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
Payment Plan Policy: By selecting any payment plan for a Product that is not identified as a Monthly Membership Product, you are agreeing to complete all of your payments, on time, and in full until all of your monthly payments are fulfilled. By selecting such payment plan for any Product (other than a Monthly Membership Product) you accept that this is NOT a member subscription which you can cancel at any time. You receive the entire programme and all of its resources upfront as an act in good faith from the Company. We fully reserve the right to require you to complete all of your payments.
If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate from time to time of Santander Bank. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
In the event that any payment is not completed by the due date we reserve the right to suspend your access (even if temporarily) from Schooling Made Simple, Schooling Made Simple Next Level and/or Schooling Made Simple Mentorship programme and their resources until your account is brought up to date. To minimise the risk of this happening, kindly respond promptly to email inquiries about failed payments and when you plan to fulfil them.
You cannot attend group calls when your payment has defaulted.
3. REFUNDS & CANCELLING
If you have purchased a Training Product (that is not a monthly or annual recurring membership) from us as a consumer you have the right to cancel this agreement within 14 days of the date of purchase by emailing us at [email protected]. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the purchase of said Training Product within 14 days after the date on which we were informed about your decision to cancel this Contract.
You can cancel any ongoing Monthly Membership Product by doing so prior to the next applicable monthly or annual billing date.
4. YOUR CONTENT
We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on posts, submitting photos or video clips, by communicating with us directly or through other forums or our community. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.
5. YOUR CONDUCT
You agree that you will not:
(I) Use the Services in a manner that (A) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (B) is fraudulent, deceptive or misleading; (C) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (D) violates anyone’s rights of privacy, publicity or other rights; (E) violates any contractual or fiduciary obligations; (F) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (G) has an adverse effect on our business, reputation or ability to provide Services; or (H) would otherwise be reasonably deemed objectionable under the circumstances;
(II) Violate any programme guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products;
(III) Use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
(IV) Violate or attempt to violate the security of the Services;
(V) Reverse engineer, decompile or disassemble any portion of the Services;
(VI) ‘Scrape’ information from the Services by automated means;
(VII) Permit any unauthorised access to or use of any Products that you have licensed or to any password applicable to your account for the Services;
(VIII) Use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorised on the Services or otherwise in writing by us; or
(IX) Reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.
6. PROPRIETARY RIGHTS
As between you and us, we own the Services, including the Products, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of Holistic Equitation which is protected by copyright and other laws respecting proprietary rights. The Services are also protected by copyright as a collective work and/or compilation, pursuant to English copyright laws, international conventions, and other copyright laws. Holistic Equitation retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.
7. REPRESENTATIONS AND WARRANTIES
You represent and warrant: (A) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (B) that you are at least eighteen (18) years old.
You acknowledge and agree that by entering into any Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.
You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in these Terms.
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.
8. INDEMNITY
You agree to indemnify, defend and hold harmless Holistic Equitation and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defence of any such claim. Holistic Equitation reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you.
9. DISCLAIMERS; LIMITATIONS OF LIABILITY
(A) You assume all responsibility and risk for your use of the Services. The Services, including any products, are provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.
(B) While we make good faith efforts to include substantially accurate information in the Services, errors or omissions may occur. If we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but we make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the Services, that the Services will meet your requirements, or as to the results that will be derived from using any of the information included in the Services.
(C) In no event shall Holistic Equitation or its affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the services. Our liability for any direct damages shall be limited to the amount of fees you have paid for the products giving rise to such liability. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and thus the above limitation may not apply to you. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, Holistic Equitation’s maximum liability for any type of damages shall be limited to the lesser of (I) a refund of the amount paid for the product at issue, or (II) £100.
(D) You assume all responsibilities and obligations with respect to any decisions, advice, conclusions or recommendations made or given as a result of the use of the Services, including without limitation any decision made or action taken by you in reliance upon products. You agree that you will always seek the advice of a Veterinarian regarding any medical condition and/or treatment of your horse. You agree never to disregard or delay seeking professional medical advice because of any materials or information presented in the Sites or Products. You understand and agree that the Company shall not be liable for any bodily injury or property damage that may result either directly or indirectly from your reliance upon or attempts to implement information presented in the Sites or Products.
The Services shall not constitute or be construed as a recommendation, solicitation, offer or opinion by Holistic Equitation or our affiliates, principals or content providers, for any financial transaction or the purchase of any financial instrument, including but not limited to securities, or any kind of investment. Past performance is no guarantee of future results.
(E) You assume all responsibility and risk for your use of the Services. There is no guarantee that you will earn any money or achieve any particular results using the techniques and ideas provided in connection with the Services. All information provided in connection with the Services is intended for educational purposes only, for a general audience, and not as specific advice tailored for an individual or business. None of the information provided in connection with the Services shall be construed to constitute medical, psychological, financial or accounting, legal or other professional advice; we urge you to consult with an appropriate licensed professional if you seek any such advice.
(F) Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
(i) fraud or fraudulent misrepresentation;
(ii) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
10. LAW; JURISDICTION
Each paragraph of these Terms is separate and distinct form any other other. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.
Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.
11. PRIVACY
The Company shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Sites, you signify your acceptance of the Company’s Privacy Policy, https://www.derekandjo.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
12. CHANGES
We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.
Please check these terms and conditions periodically for changes.
Your continued use of the Sites and purchase of Services on the Sites following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
If the revised terms apply to any existing provision of services, we will notify you of the changes.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Sites, including without limitation the names and trademarks “HOLISTICEQUITATION.CO.UK, DEREKANDJO.COM and SCHOOLINGMADESIMPLE.COM”, are either the property of, or used with permission by, the Company.
The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorised use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
If you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email to [email protected] or in writing to Holistic Equitation ltd, Suite 5, Chiltern Court 37 St. Peters Avenue, Caversham, Reading, England, RG4 7DH.
Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
14. LINKS
The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.
15. MISCELLANEOUS
No joint venture, partnership, employment or agency relationship exists between you and Holistic Equitation as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and Holistic Equitation with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. Holistic Equitation may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, Holistic Equitation shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to Holistic Equitation. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organisation or legal entity that you represent, if you are entering into these Terms on behalf of such organisation or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with Holistic Equitation. Notices to us shall be sent by email to [email protected] or in writing to Holistic Equitation ltd, Suite 5, Chiltern Court 37 St. Peters Avenue, Caversham, Reading, England, RG4 7DH.
Last Updated: 18th August, 2024
