Terms & conditions
User Terms and Conditions
THIS DOCUMENT SETS OUT THE TERMS ON WHICH GO GRAZING LIMITED (“GO GRAZING”) PROVIDES YOU WITH ACCESS TO [WWW.GO-GRAZING.COM] OR ANY OTHER URL DESIGNATED BY GO GRAZING (“WEBSITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY CLICKING THE TICK BOX MARKED [“I AGREE TO THESE TERMS AND CONDITIONS”] OR BY USING THE WEBSITE (WHOLLY OR PARTLY) IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE FEATURES AND FUNCTIONALITIES ON THE WEBSITE. YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE
1 INFORMATION ABOUT GO GRAZING LIMITED AND THE WEBSITE
1.1 The Website is owned and managed by Go Grazing Limited, a company registered in England and Wales with the company registration number 7021769 and having its registered address at Navestock Hall, Navestock, Romford, RM4 1HA
1.2 The Website provides you as a user (“User”) with certain features and functionalities including without limitation, to browse, view, respond to, communicate and contact (“User Features”) advertisers (“Advertisers”) in respect of their listings of grazing land and/or livery yard (“Listings”).
1.3 Go Grazing may be contacted by email at [help@go-grazing.com] or by writing to the [Go Grazing Ltd] using the contact details set out on the Website.
2 PRELIMINARY REQUIREMENTS
2.1 If you wish to have access to all User Features available on the Website, you shall be required to register with Go Grazing by completing the online registration form available on the Website. You consent to Go Grazing conducting verification and security procedures in respect of the information provided by you.
2.2 If you do not wish to register as a User, you may still continue using certain parts of the User Features. For more information about access to the User Features either as a registered or unregistered User, please refer to the Website.
2.3 Go Grazing may send you a confirmation email to confirm your registration as a registered User of the Website. You agree to keep your registration details (“Login Details”) confidential and secure.
2.4 Upon registration as a User of the Website, you shall have access to all User Features and all such additional features available on the Website.
3 COMMENCEMENT AND TERMINATION OF YOUR CONTRACT AS A USER
3.1 Your contract with us shall commence as follows:
3.1.1 where you are an unregistered User, upon your first use of the User Features; or
3.1.2 where you are a registered User, on the date of the confirmation email from Go Grazing.
3.2 You agree to the immediate provision of the User Features to you upon receipt of your confirmation email.
3.3 Your contract with Go Grazing shall terminate:
3.3.1 where you are a registered User, when you give us notice of your intention to terminate, or where you cease all use of the Website and/or User Features; or
3.3.2 where you are an unregistered User, when you cease all use of the User Features.
3.4 Go Grazing may suspend or terminate your use of and/or access to the User Features and/or Website:
3.4.1 by giving you seven (7) days written notice; or
3.4.2 immediately upon notice if Go Grazing is unable to provide you with use of and/or access to the User Features and/or Website for any reasons whatsoever; or
3.4.3 immediately upon notice if Go Grazing believes that there has been fraudulent use, misuse or abuse of the User Features and/or the Website (in whole or in part); or
3.4.4 immediately upon notice if Go Grazing believes that you or someone using the User Features, the Website or your Login Details (where you are a registered User) has failed to comply with the provision of these Terms.
4 USER OBLIGATIONS
4.1 You agree that you are solely responsible and liable for all activities on the Website including without limitation, the use of and access to the User Features whether you are a registered or unregistered User.
4.2 If you are a registered User, you shall promptly notify Go Grazing in the event of any breach of security or any unauthorised use of your Login Details. If you are an unregistered User, you shall promptly notify Go Grazing if you have reason to believe that there has been a breach of security or any unauthorised use or abuse of the User Features and/or the Website.
4.3 You shall not submit to appear on the Website, any image, comment, link or all other material in any format whatsoever (“User Submissions”) that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
4.3.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.3.2 harass or advocate harassment of another person;
4.3.3 display pornographic or sexually explicit material;
4.3.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
4.3.5 promote any illegal activities;
4.3.6 provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
4.3.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
4.3.8 engage in or promote activities such as but not limited to contests, sweepstakes, barter, pyramid schemes; and
4.3.9 infringe any rights of any third party including without limitation, any intellectual property rights.
4.4 You acknowledge that making a User Submission does not guarantee that such User Submission shall appear on the Website or any of the User Features.
4.5 You further agree that at all times, you shall:
4.5.1 not use your Login Details with the intent of impersonating another person where you are a registered User;
4.5.2 not allow any other person to use your Login Details if you are a registered User;
4.5.3 not use or rely solely and fully on the information presented on the Website or provided to you using the User Features without seeking independent advice;
4.5.4 use the information made available to you on the Website and/or through your use of the User Features at your own risk;
4.5.5 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website, the User Features or in respect of the network;
4.5.6 not use the Website, the User Features, the content in the Website and/or do anything that will infringe any intellectual property right or other rights of any third parties;
4.5.7 not abuse or misuse the Website and/or the User Features including without limitation sending or making available User Submission or any other information which contain viruses, Trojans, worms, time bombs, cancel bots or other programmes that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
4.5.8 comply with all instructions and policies provided by Go Grazing from time to time in respect of the Website and/or the User Features.
4.6 In the event Go Grazing considers that you have breached any of the provision in this clause 4, Go Grazing reserves the right to take any action that it deems necessary, including without limitation, the immediate termination, upon notice, of your use of and/or access to the Website and/or the User Features. Go Grazing is also entitled to instigate legal proceedings against you as appropriate.
4.7 You may contact Grazing by using the [“Contact Us”] functionality on the Website if any of the Listings or User Submissions submitted by other Users or Advertisers is inappropriate. Go Grazing shall use its reasonable endeavours to review the relevant User Submissions or content as soon as is practicable and shall take such action which it deems necessary and appropriate.
5 DISCLAIMER
5.1 You acknowledge that Go Grazing only provides you with the facility to browse, read, access and use the Website and the User Features. Go Grazing is not in any way a participant of any transaction and/or process between you and the Advertisers and other Users of the Website, whether such transactions are of a commercial nature or otherwise.
5.2 You are advised to take all reasonable care when arranging a viewing with other Users or Advertisers. Go Grazing further strongly recommends that you seek independent expert or professional advice including without limitation, legal and financial advice prior to dealing with or entering into any transaction or contractual relationship with the Advertisers or other Users.
5.3 Additionally, you are also advised not to disclose any of your personal, financial and contact details to other Users or to set up face-to-face meetings unless you have taken all reasonable precautions.
5.4 You agree that Go Grazing shall not be liable for any communication, dealings or contractual relationship between you and the Advertisers and other Users.
5.5 Go Grazing is not an estate agent and it shall not have and nothing herein shall be deemed to imply that Go Grazing shall have any obligation to you as a User or to any third party nor any liability in respect of (a) negotiations on your behalf with any third parties; and (b) compliance with the applicable statutory and regulatory provisions, including but not limited to the Estate Agents Act 1979.
6 WARRANTIES AND LIABILITIES
6.1 You hereby warrant that:
6.1.1 you have the right and capacity to enter into and be bound by these Terms;
6.1.2 you shall comply with all applicable laws regarding your use of the Website and the User Features; and
6.1.3 all information provided by you to Go Grazing are at all times true, accurate and correct.
6.2 Go Grazing does not verify and does not have any control in respect of any User Submission, any information listed by Advertisers in relation to the Listings e and all information made available to you on the Website and/or through your use of the User Features. Consequently Go Grazing does not warrant or guarantee the accuracy, authenticity, correctness, reliability, suitability or at all in respect of any User Submission, the Listings or through your use of the User Features. Go Grazing strongly recommends that you do not rely on any of such information to assist in making or refraining from making a decision, or to assist in deciding on a course or a specific course of action without seeking further independent advice. If you intend to use and/or rely on such information referred to in these Terms, you agree that you do so at your own risk and liability.
6.3 You agree and understand that where Go Grazing includes views, opinions, advice and recommendations, these views opinions, advice and recommendations are not endorsed by Go Grazing and to the maximum extent permitted by law, Go Grazing shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice and recommendations.
6.4 Links to third party websites and third party advertising banners may appear on the Website from time to time. Such third party websites and third party advertising banners are not the responsibility of Go Grazing and Go Grazing accepts no liability for the availability, suitability, reliability or content of such third party websites and third party advertising banners.
6.5 You understand that Go Grazing relies on third party service providers to provide you with access to the Website and the User Features. Go Grazing therefore cannot guarantee that your use of the Website and the User Features shall be fault-free.
6.6 All warranties, representations, guarantees, conditions and terms other than those expressly set out in these Terms, whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral are hereby expressly excluded to the fullest extent permissible by law.
7 GO GRAZING’S LIABILITY
7.1 Go Grazing’s liability for losses suffered by you as a result of Go Grazing breaching these Terms is strictly limited to [£100].
7.2 The limitation set out in clause 7.1 does not in any way limit Go Grazing’s liability for (a) death or personal injury caused by Go Grazing’s negligence; or (b) fraud or fraudulent misrepresentation.
7.3 Go Grazing is not responsible for:
7.3.1 any indirect loss which occurs as a side effect of the main loss or damage;
7.3.2 loss of income or revenue;
7.3.3 loss of business;
7.3.4 loss of profits or contracts;
7.3.5 loss of anticipated savings;
7.3.6 loss of data; and
7.3.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable.
7.4 In the event you have a dispute with one or more of the other Users of the Website, you hereby release Go Grazing from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such disputes.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 Go Grazing and its licensors own all rights in the intellectual property rights relating to the Website and/or the Website Features.
8.2 You are expressly prohibited from:
8.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website and/or User Features including without limitation, any images, submissions in the form of articles and write-ups made available on the Website; and
8.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Go Grazing and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Go Grazing or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Go Grazing.
8.3 You warrant that you own or are licensed to use the intellectual property rights in the User Submissions that you provide to the Website.
8.4 You hereby grant Go Grazing permission to use, publish and edit the User Submissions on the Website where Go Grazing deems necessary or desirable to do so.
9 GENERAL
9.1 If Go Grazing fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by Go Grazing of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
9.2 All notification and communication to Go Grazing should be sent to the contact details made available to you on the Website.
9.3 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
9.4 These Terms represent the entire agreement between you and Go Grazing in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
9.5 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms.
9.6 Go Grazing reserves the right to modify these Terms at any time. Any changes we may make to this document in the future will be notified and made available to you using the Website.
9.7 These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
