Terms & Conditions
Background
www.equiyd.com is a website operated by Equiyd Limited (“we” “us” or “Equiyd”), a private limited company registered in England and Wales under company number 15073908. Our registered address is Jactin House, 24 Hood Street, Manchester M4 6WX. Our VAT number is GB 456 5278 63. To contact us, please email support@equiyd.com.
Equiyd operates the Equiyd platform from www.equiyd.com (the “Platform”) designed to support the experience of buying and selling Horses. Equiyd aims to digitise the traditional sales process, by providing a Digital Audit Trail to both the Buyer and the Seller.
Equiyd is acting solely as an intermediary between the Buyer and Seller in any transaction conducted using the Platform, and expressly disclaims any liability in relation to any Horse which is the subject of a transaction. Use of the Platform and receipt of the Digital Audit Trail does not comprise a contract of sale in respect of a Horse, and you are advised to seek independent legal advice if you require a contract of sale.
By using the Platform, you confirm that you accept these Terms and that you agree to comply with them. If you do not accept these Terms, you must not use the Platform. We recommend that you print or download a copy of the Terms for future reference.
About the Services
Platform Services Overview
The Platform offers a range of Services aimed at facilitating the sale and purchase of Horses, including but not limited to:
- Buyer and Seller profiles
- Horse profile creation
- Veterinary records access
- Competition records access
- Video and picture uploads
- Buyer initiated Horse Vetting
- Vet and Seller waiver for conflict-free Vettings
- Vetting certificate uploads
- Secure payment processing
- Insurance referrals
- Post Purchase support
We do not have possession of, or otherwise hold any interest in, any Horse listed or sold through the Platform. Equiyd is not a party to the transaction between the Buyer and the Seller. Use of the Platform and receipt of the Digital Audit Trail does not comprise a contract of sale in respect of a Horse, and you are advised to seek independent legal advice if you require a contract of sale. Equiyd is not acting as an agent for any of the Buyer or Seller in any transaction.
Save as stated in these Terms, Equiyd has no liability or legal responsibility for any misinformation or negligent or fraudulent representation made by the Buyer or the Seller in connection with any transaction undertaken using the Platform.
About these terms and conditions (“Terms”)
By registering on the Platform, you agree to abide by the following Terms. These Terms are designed to ensure a transparent and secure transaction process for all Users. The Terms apply whether the Platform is accessed directly, or via a Third Party Provider website. The Terms apply between each User and Equiyd Limited.
If you do not agree to these Terms, please do not register for or use the Platform. If you have any questions on the Terms, please contact support@equiyd.com. If you have any complaints or are dissatisfied with the service you receive in relation to the Platform, please contact us at support@equiyd.com.
There are other terms which apply to your use of the Platform, which you should also review:
- Privacy Policy: this sets out how we may use your personal information submitted via the Platform, how we may use the data relating to a Horse submitted to the Platform and any data generated by your usage of the Platform.
- Acceptable Use Policy: this sets out the permitted uses and prohibited uses of the Platform. When using the Platform, you must comply with the Acceptable Use Policy.
Which country’s laws apply to any disputes between Equiyd and Users?
If you are a consumer, please note that these Terms, 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, 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.
Our trade marks are registered
The Equiyd logo is a registered trademark of Equiyd Limited. You are not permitted to use it without our prior written approval.
Definitions
Term
Definition
Buyer
An individual or entity purchasing a Horse through the Platform.
Check Service
The identity verification service required for all Users before funds can be transferred using the Platform, undertaken by the Payment Service provider.
Deposit
A sum paid by the Buyer to the Seller to secure the Horse, preventing an alternative sale. This amount is agreed between the Buyer and Seller, and is usually a percentage of the Horse's Purchase Price.
Deposit Fee
Where Buyer opts to pay a Deposit to secure the Horse, a Deposit Fee (calculated as a percentage of the Deposit as set out in the Fee Schedule) is payable to Equiyd.
Digital Audit Trail
A digital record of the information recorded by the Platform, which is provided to both the Buyer and Seller upon completion of a transaction. The Digital Audit Trail includes the Horse Description, Passport information and copies of the Materials relating to the Horse, and where requested, chat logs from the Platform. Chat logs must be requested within 30 days of completion of a transaction.
Final Balance
The final payment from the Buyer to the Seller via the Platform, to include the Purchase Price (less any Deposit), and the Service Fee.
Horse
A Horse or pony offered for sale by the Seller using the Platform.
Horse Description
The basic descriptive Horse information provided by the Seller, being the age, approximate height, colour and sex of the Horse.
Materials
Any materials published on the Platform, including (but not limited to) the Horse Description, veterinary record, competition record, Vetting certificate, copies of any X rays, Passport information, images, videos, graphics, documents or other materials.
Passport
The Horses’ passport or other recognised identification document, showing the Horses’ microchip and UELN numbers.
Payment Service
The secure payment service available on the Platform that is delivered by a Third Party Provider.
Purchase Price
The total purchase price of a Horse, as agreed between the Buyer and Seller and notified to the Platform.
Seller
An individual or entity that lists a Horse for sale on the Platform.
Services
The services offered by Equiyd to Users via the Platform, comprising: Check, Vetting and Payment.
Service Fee
The service fee charged by Equiyd and payable by the Buyer for provision of the Services using the Platform, calculated as a percentage of the Purchase Price as set out in the Fee Schedule, which forms part of the Final Balance.
Third Party Provider
A third party service provider partnered with Equiyd, to facilitate Payment Services or insurance matching.
User
An individual or entity, whether a Buyer, Seller or a designated agent of a Buyer or Seller, who utilises the Services available through the Platform
Vetting
A pre-purchase veterinary examination of a Horse, which can be 2 or 5 stage, and may or may not include X rays, at the discretion of the Buyer.
Part A: General Terms of Use
Use of the Platform
The Equiyd Platform, including its website and application (the "Platform"), is provided to you for your personal or business purposes, subject to these Terms of Use (the "Terms"). By accessing and using the Platform, you agree to comply with and be legally bound by these Terms.
Amendments to these Terms
Equiyd reserves the right to modify these Terms at any time due to legal or regulatory reasons, or to ensure the smooth operation of the Platform. Modifications will be communicated to you via the email address you provided upon registration or through an announcement on the Platform.
These amendments will take effect from the time they have been communicated to you, either by email or by way of an announcement ("Notice"). Should you decide not to accept the updated Terms, you must cease using the Platform immediately. Continued use of the Platform after Notice has been provided will constitute acceptance of the revised Terms.
We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Registration
By registering on the Platform, you agree to abide by all the Terms, and you will be responsible for complying with the following minimum requirements:
Age Requirement: To register on the Platform, you must be at least eighteen years of age.
Accuracy of Information: You are required to ensure that the information you provide during registration or at any subsequent activity on the Platform is accurate and complete.
Registration Process: Whether you access the Platform directly or through a Third-Party Provider's website, you will need to register and log in to the Platform directly.
Information Updates: It is your responsibility to promptly inform Equiyd of any changes to the information you have provided during registration by updating your personal details. This ensures effective communication between you and Equiyd.
Account Maintenance: You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You are also responsible for updating your registration information as needed.
Account Cancellation: If you choose to cancel your registration and terminate your agreement with Equiyd, you may do so at any time by providing written notice to Equiyd or by following the account cancellation process provided within your User account settings.
Payment Processing: By utilising the Platform, Users acknowledge the integration of Third Party Provider payment processing and payout services. These services are governed by separate agreements – the "Third Party Payment Processing Agreement" for Buyers and the "Third Party Payout Agreement" for Sellers, collectively referred to as the “Third-Party Terms”. By accepting these Terms, Users also affirm their commitment to read, understand, and adhere to the Third-Party Terms stipulated in these third-party agreements. The effective use of the Platform is contingent upon the provision of accurate and comprehensive personal and business information by Users, which Equiyd is authorised to share with Third Party Providers to facilitate payment processing and payouts when utilising the Platform. This collaborative arrangement with regulated Third Party Providers ensures a secure financial transaction process for all Users on the Platform.
Password and Security
In registering on the Platform you will be responsible for complying with the following minimum requirements:
Password Creation: When registering for the Platform, you will be prompted to create a unique password. It is imperative for the prevention of fraud that you keep this password confidential; it must not be disclosed to or shared with anyone.
In Case of Suspicion: If at any point you become aware or suspect that someone else may have access to your password, you are obligated to notify Equiyd immediately by contacting support@equiyd.com. You must also take immediate steps to change your password on the Platform.
Security Breach: Should Equiyd suspect a potential breach of security or misuse of the Platform, we reserve the right to request that you change your password as a precautionary measure. Furthermore, we may take the necessary action of suspending your account to maintain the Platform's integrity and security. Equiyd has the right to disable any User identification or password at any time, if in our reasonable opinion the User has not complied with the provisions of the Terms.
Intellectual Property
Equiyd is the owner or licencee of all intellectual property rights in the Platform, and in the Material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Registration on the Platform and use of the features and Services in no way entitles you to any rights of ownership, or permission to recreate, copy, transfer, promote, licence or sub-license to any other party, individual or organisation, the Platform or any Materials published on it.
By using the Platform you agree to accept and abide by the following terms:
Copyright and Rights: The content of the Platform, including its website and applications, is protected by copyright, trademark law, database rights, and other forms of intellectual property rights. You are permitted to retrieve and display the content on a computer screen, store such content in electronic form on a disk (which is not part of any server or storage device connected to a network), or print one copy of the content solely for your personal, non-commercial use, or draw the attention of others in your organisation to materials published on the Platform, under the condition that all copyright and proprietary notices are maintained.
Restrictions on Use: Without prior explicit written consent from Equiyd, you may not reproduce, modify, copy, distribute, or use for commercial purposes any of the Materials or content on the Platform (other than in accordance with this paragraph). If you are a business User of the Platform, you may access the Platform and the Materials in accordance with these Terms, provided that each of your employees registers as a separate User. You must not modify any copies of Materials that 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 accompanying text. Our status (and that of any identified contributors) as the authors of Materials on our Platform must always be acknowledged.
Ownership of Data: Equiyd retains all rights and ownership of proprietary information and data relating to its registered Users (the "Equiyd Customer Data"). You are expressly prohibited from attempting to procure, collect, or use Equiyd Customer Data, except for utilising data made available through the Platform to engage with other Users for the purpose of conducting transactions via the Platform.
Breach of Terms: if you print off, copy, download, share or repost any part of the Platform or the Materials published on it in breach of these Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.
User-Generated Content: For all Materials that you upload to the Platform or otherwise provide to Equiyd for the purpose of listing a Horse on the Platform, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to host, reproduce, display, publish, retain and repurpose such Materials in any medium at our sole discretion, both during and after the term of your usage of the Platform under the Terms. In uploading content to the Platform, or contacting other Users, you must comply with the content standards set out in our Acceptable Use Policy [LINK]. You warrant that any such Materials comply with those standards, and you are liable to Equiyd and indemnify Equiyd for any breach of that warranty. This means you will be responsible for any loss or damage Equiyd suffers as a result of your breach of warranty. Any Materials uploaded to the Platform will be considered non-confidential and non-proprietary. Users retain all ownership rights in their Materials, but you are required to grant Equiyd a licence to use, store and copy that content and to distribute and make it available to third parties, as set out above. We also have the right to disclose your identity to any third party who is claiming that any Materials posted or uploaded by you to our Platform 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 Platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. If you wish to contact us in relation to Materials you have uploaded to the Platform and that we have taken down, please contact support@equiyd.com. You are solely responsible for securing and backing up your Materials. You must not upload any Material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
Use of the Equiyd Platform
Use of the Equiyd Platform is governed by the Terms, and specifically as follows:
Prohibited Uses: You may not use the Platform for any of the following purposes:
- Spreading any illegal, harassing, defamatory, abusive, harmful, vulgar, obscene, or otherwise objectionable material
- Transmitting Material that promotes criminal activity, incurs civil liability, or otherwise violates any laws or codes of practice
- Making false, misleading, or fraudulent data entries, offers, or claims, including misrepresentation of identity or authority to transact
- Misrepresentation and breaching any of the clauses set out in 1-13 of the Terms
- Interfering with another User’s enjoyment of the Platform.
- Illegally copying, using, or distributing copyrighted Materials without the owner’s consent
Where a User is found to have breached any one or more of these Prohibited Uses they will automatically be de-registered from the Platform, and will be prohibited from ever accessing the Platform in the future.
Third-Party Sites: Accessing the Platform through third-party sites does not imply Equiyd's verification or endorsement of such sites. Equiyd is not liable for any third-party content and usage may be subject to the third party's terms and conditions. Where the Platform contains links to other sites and resources provided by third parties, these links are provided for Users’ information only. Such links should not be interpreted as approval by the Platform of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Platform Availability: While Equiyd strives to ensure continuous service quality, we do not guarantee uninterrupted service. In the event of service interruption, Users should report the issue, and Equiyd will address it promptly.
User Responsibility: You are responsible for all activities conducted under your account and must indemnify Equiyd for any breaches of these Terms or related activities, including in relation to any direct, indirect or consequential losses arising from your misuse of the Platform.
User-Generated Content is not approved by Equiyd: This Platform may include information and Materials uploaded by other Users, 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 do not represent our views or values.
Access to and Usage of Data Generated through usage of the Platform: Your usage of the Platform will generate data (including personal data), as part of the transaction process. Our privacy policy sets out the extent to which and under what conditions we will access the personal data ourselves (including the data categories) and give you access to this data and how we will do this. The policy also sets out the extent to which we allow Third Party Providers access to such data and how (and for how long) you can obtain access to such data after this agreement ends. Further information about how we process personal data relating to Users is set out in our privacy policy. This also describes your data protection rights including rights to object to certain types of processing activity.
You expressly authorise us to disclose any personal data, other data related to your usage of the Platform, and the Digital Audit Trail, in the event that such disclosure is requested in connection with proposed legal proceedings, pursuant to a court order, or any other legal process.
We also share data (which is not personal data) either submitted to the Platform as Materials, or generated through your use of the Platform with Third Party Providers and other Users, both current and future. What data we share in this way and how we do this is set out in our privacy policy. In particular, you should know that we monetise some of this data in the ways explained in the policy.
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 Platform or any Services provided via, or in relation to, our Platform. 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 Platform 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 paragraph 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 paragraph 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.
How to complain about or report content: If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately on support@equiyd.com.
If you wish to complain about any other content, please contact us on support@equiyd.com.
We are not responsible for viruses and you must not introduce them: We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
You must not misuse our Platform 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 Platform, the server on which our site is stored or any server, computer or database connected to our Platform. You must not attack our Platform 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 Platform will cease immediately.
We may transfer this agreement to someone else: We may transfer our rights and obligations under these Terms to another organisation. We will always inform you in writing if this happens.
Our Platform is directed for Users in the UK: We do not represent that Materials published on our Platform are appropriate or available for use in other locations.
We may suspend Users’ registrations on the Platform: If you frequently upload illegal content, or submit complaints about the Platform or other Users which are unfounded, we may suspend your access to the Platform for a reasonable period of time. We will notify you of the suspension in writing. When considering a suspension or termination, we will consider the volume of illegal content or complaints, the gravity of the misuse, and where possible, your intention in submitting the illegal content or complaints.
We may terminate Users’ registrations on the Platform: Where a User breaches these Terms, and any other policy referred to within them, we may terminate access to the Platform and we will notify you of such termination in writing. Such termination will be considered reasonably in light of the nature of the breach and the gravity, however we retain all rights and discretion in such action. If we suspend or ban you from using the Platform in a way that breaches these Terms, you may bring a claim against us for breach of contract.
Disclaimer
Equiyd’s liability to any User for transactions conducted through the Platform is limited as set out below. Equiyd acts only as an intermediary in the Horse buying and selling process, providing a platform for secure transactions and communication between Buyers and Sellers.
Equiyd makes no representation, warranty or guarantee, whether express or implied, that the Materials published on the Platform, including all information about any Horse listed on the Platform and related documentary information, is accurate, complete or up to date. Equiyd is not responsible for the condition of the Horse, the accuracy of the documentation or information supplied to the Platform, or disputes arising post-transaction.
The Platform's role is limited to ensuring the secure financial transaction and provision of the Services described in these Terms. Equiyd provide no warranties beyond those expressly stated in these Terms.
Digital Audit Trail
Equiyd provides a Digital Audit Trail to Users who complete transactions (including Service Fee payments). Use of the Platform and receipt of the Digital Audit Trail does not comprise a contract of sale in respect of a Horse, and you are advised to seek independent legal advice if you require a contract of sale.
If you wish to receive copies of any chat dialogue hosted by the Platform as part of the Digital Audit Trail, you must submit a request in writing to support@equiyd.com within 30 days of completion of the transaction.
Indemnity
Each User agrees to indemnify and hold harmless Equiyd against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Equiyd arising out of or in connection with the Users’ breach of any of the Terms during their use of the Platform.
Limitations on Liability
When we talk about liability in these Terms we mean every kind of liability arising under or in connection with these Terms including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
Whether you are a consumer or business User, nothing in these Terms limits any liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation.
If you are a business User, Equiyd excludes all express or implied conditions, warranties, representations or other terms that may apply to the Platform or any Materials on it. Further, Equiyd (including its directors, agents, employees and shareholders) shall not be liable to business Users in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, for (i) any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or (ii) any special, indirect or consequential damages for any losses arising, directly or indirectly from:
- your use of or your inability to use the Platform;
- use of or any reliance on any Materials displayed on the Platform;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Platform;
- glitches, bugs, errors or inaccuracies of any kind in our Platform;
- damage to your hardware device from use of our Platform; and
- the information, content, actions or inactions of third parties (including the Third Party Providers and Horses listed using our Platform).
If you are a consumer User, please note that Equiyd only provides the Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes, and Equiyd has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The limitations and exclusions set out in these Terms do not apply in respect of any liability arising from a Users’ deliberate default.
Final Acknowledgment
By using Equiyd, Users acknowledge the Platform's role as an intermediary, the structure of Fees, and the limitations of post-purchase support offered by Equiyd. Users further understand that only the payment of the Service Fee entitles them to receive the Digital Audit Trail.
These Terms comprise the entire agreement between the User and Equiyd. Each of the User and Equiyd acknowledges that in entering into the Terms it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
Part B - Terms of Trading
User Agreement and Acknowledgment
By registering and making use of the features and Services of the Platform, Users confirm their agreement to the following Terms, and these specific clauses, and acknowledge they will carefully read each clause prior to entering any data or proceeding with any transaction on the Platform, confirming they have understood what they mean. Users accept the responsibility to comply with these Terms throughout their engagement with the Platform.
Clause 1: Authenticated Buyer and Seller profiles
1.1 Verification of Identities: Equiyd is committed to ensuring the transparency of transactions on the Platform. To this end, all Users are subject to an identity check process upon registration. However, full verification of identities is contingent upon a User initiating a transaction through the Payment Service, which is facilitated by a Third Party Provider.
1.2 Returning Users: Returning Users will be recognised as holding previous verification, however each transaction will require renewed identity verification when initiating a transaction using the Payment Service.
1.3 Obligation to Proceed Through Verified Payment Service: To achieve verified status, Users are required to utilise the Payment Service for their transaction. This allows verification of identities and gives Users confidence in the safe transfer of funds.
1.4 Responsibility of Users: While Equiyd facilitates the verification process via the Payment Service provider, it is the responsibility of each User to ensure they engage in transactions with only verified Users where possible, to maintain the integrity and trustworthiness of the Platform.
1.5 Disclaimer: Equiyd relies on the Third Party Provider of Payment Services for the verification of User identities and does not independently verify the identity of Users. As such, Equiyd cannot be held liable for any discrepancies, fraudulent activities, or misrepresentations that occur as a result of unverified identities or information provided by Users.
Clause 2: Horse profile creation and veterinary records access
2.1 Seller's Responsibility for Information Provision: The Seller is solely responsible for providing all information to create a Horse profile on the Platform. This includes, but is not limited to, the Horse Description, competition records, any relevant veterinary history and all other Materials. It is the Seller's duty to ensure that all information presented is accurate, complete and truthful.
2.2 Accuracy and Representation: Equiyd does not independently verify or validate the accuracy of the information provided by the Seller in any Horse Description and related Materials. The Seller bears full responsibility for the accuracy and completeness of all data submitted. Equiyd only facilitates the retention of the Horse Description and other Materials on the Platform.
2.3 Veterinary History Submission: If a Seller submits any veterinary history as part of the Materials, the Seller confirms that this represents the complete veterinary history of the Horse for the previous 12 months. The Seller must ensure that all Materials are accurate and comprehensive. Any omission or falsification of the veterinary history could result in liability for the Seller.
2.4 Liability for False Representation: The Seller acknowledges that any false representation or inaccurate information provided via the Platform may leave them liable to a claim by the Buyer. Sellers are advised to double-check all Materials for accuracy before submission to minimise the risk of disputes or legal challenges.
2.5 Equiyd's Non-Responsibility: Equiyd is not responsible for the verification of data provided by Sellers and, therefore, cannot be held liable for any inaccuracies in the Horse Description, Materials or any related information uploaded, or any losses arising from such inaccuracies. The Platform serves as an intermediary only to facilitate transactions and information exchange between Users.
2.6 Seller's Acknowledgement: By providing the Horse Description and other Materials to the Platform, the Seller explicitly acknowledges their responsibility for the accuracy of such information. The Seller agrees to indemnify Equiyd from any disputes or liabilities that may arise from inaccuracies or misrepresentations in the Horse Description or Materials provided.
2.7 Consent to Data Storage and Accessibility: By uploading the Horse Description, and the Materials to the Platform, the Seller consents to Equiyd storing the Horse Description and Materials. This data will be associated with the Horse's profile and may be accessible in searches conducted on the Platform by any User at any time, including in the future. This data may also, at Equiyd’s sole discretion, be shared with Third Party Providers, and otherwise monetised as disclosed in the privacy policy. If a Seller wishes to withdraw consent to this use of data, please contact support@equiyd.com.
2.8 Transparency Score: Equiyd may use a proprietary transparency algorithm to score the Horse profile based on the completeness and reliability of the information provided. This score, displayed on the Horse's profile, aims to give potential Buyers additional confidence in the authenticity of the Horse's background. However, it remains the Seller's responsibility to ensure the accuracy of the data contributing to this analysis.
2.9 User Acknowledgement: By listing a Horse on the Platform, the Seller acknowledges and agrees to all terms outlined in this clause 2.0 of Part B, understanding their responsibility for the accuracy of information provided and the potential consequences of misrepresentation.
Clause 3: Competition Records
3.1 Provision of Competition Records: The Seller is required to upload accurate information regarding the Horse's competition achievements to the Platform as part of the Materials. This includes the Horse's registered competition name and number, where applicable, along with a copy of the record from the governing body or a direct link to the governing body's database where such records are maintained.
3.2 Accuracy and Representation: Equiyd does not independently verify or validate the accuracy of the information provided by the Seller in any competition records and related Materials. The Seller bears full responsibility for the accuracy and completeness of all data submitted. Equiyd only facilitates the retention of the Horse Description and other Materials on the Platform.
3.3 Liability for False Representation: The Seller acknowledges that any false representation or inaccurate information in the Materials provided via the Platform may leave them liable to a claim by the Buyer. Sellers are advised to double-check all Materials for accuracy before submission to minimise the risk of disputes or legal challenges.
3.4 Equiyd's Non-Responsibility: Equiyd is not responsible for the verification of data provided by Sellers and, therefore, cannot be held liable for any inaccuracies in the competition records, Materials or any related information uploaded, or any losses arising from such inaccuracies. The Platform serves as an intermediary only to facilitate transactions and information exchange between Users.
3.5 Seller's Acknowledgement: By providing competition records as part of the Materials on the Platform, the Seller explicitly acknowledges their responsibility for the accuracy of such information. The Seller agrees to indemnify Equiyd from any disputes or liabilities that may arise from inaccuracies or misrepresentations in the competition records provided.
3.6 Consent to Data Storage and Accessibility: By uploading the Materials to the Platform, the Seller consents to Equiyd storing the Materials. This data will be associated with the Horse's profile and may be accessible in searches conducted on the Platform by any User at any time, including in the future. This data may also, at Equiyd’s sole discretion, be shared with Third Party Providers, and otherwise monetised as disclosed in the privacy policy. If a Seller wishes to withdraw consent to this use of data, please contact support@equiyd.com.
3.7 Transparency Score: Equiyd may use a proprietary transparency algorithm to score the Horse profile based on the completeness and reliability of the information provided. This score, displayed on the Horse's profile, aims to give potential Buyers additional confidence in the authenticity of the Horse's background. However, it remains the Seller's responsibility to ensure the accuracy of the data contributing to this analysis.
3.8 User Agreement: By listing a Horse on the Platform and uploading competition records, the Seller acknowledges and agrees to all terms outlined in this clause 2.0 of Part B, understanding their responsibility for the accuracy of information provided and the potential consequences of misrepresentation.
Clause 4: Video and picture uploads
4.1 Responsibility for Content: The Seller is solely responsible for ensuring that all pictures and videos uploaded to the Platform as part of the Materials accurately represent the Horse. This responsibility extends to ensuring the visual content accurately depicts the Horse's contemporaneous physical condition, appearance, and performance.
4.2 Accuracy of Visual Content: It is the Seller's duty to verify that the images and videos uploaded are a true and accurate representation of the Horse in question. Equiyd does not verify the content or accuracy of the uploaded Materials.
4.3 Permission to Upload Materials: By uploading Materials relating to a Horse, the Seller is deemed to represent and warrant that they either own or are licensees of the Materials, and have the right to upload the Materials in compliance with the Terms.
4.4 Prohibition of Offensive Material: The Seller agrees not to upload any Materials that could be considered offensive, inappropriate, or in violation of any laws or regulations, including Equiyd’s acceptable usage policy. This includes, but is not limited to, explicit, hateful, or discriminatory content.
4.5 Liability for Uploaded Materials: Equiyd is not responsible for any Materials uploaded by Sellers, including images and videos. The Platform allows Sellers to display visual Materials related to their Horse, but Equiyd takes no responsibility for the verification of such Materials.
4.6 Breach of Content Guidelines: Should any Materials be found to breach the Acceptable Usage Policy, it is understood that Equiyd bears no responsibility for this breach. The Seller acknowledges that they are solely liable for any consequences or legal actions that may arise from such a violation.
4.7 Equiyd's Non-Responsibility: Equiyd is not responsible for the verification of data provided by Sellers and, therefore, cannot be held liable for any inaccuracies in any images or videos forming part of the Materials uploaded, or any losses arising from such inaccuracies. The Platform serves as an intermediary only to facilitate transactions and information exchange between Users.
4.8 Materials Removal: Equiyd reserves the right to remove any Materials deemed offensive, inappropriate, or not in compliance with these Terms from the Platform, without prior notice to the Seller.
4.9 Consent to Data Storage and Accessibility: By uploading the Materials to the Platform, the Seller consents to Equiyd storing the Materials. This data will be associated with the Horse's profile and may be accessible in searches conducted on the Platform by any User at any time, including in the future. This data may also, at Equiyd’s sole discretion, be shared with Third Party Providers, and otherwise monetised as disclosed in the privacy policy. If a Seller wishes to withdraw consent to this use of data, please contact support@equiyd.com.
4.10 User Agreement: By listing a Horse on the Platform and uploading Materials, the Seller acknowledges and agrees to all terms outlined in this clause 2.0 of Part B, understanding their responsibility for the accuracy of information provided and the potential consequences of misrepresentation.
Clause 5: Buyer-initiated Horse vetting and conflict of interest waiver
5.1 Buyer-Initiated Vetting Process: Equiyd encourages Buyers to arrange a Vetting of the Horse prior to purchase. The Buyer is responsible for selecting a vet and inputting the vet's details into the Platform. The Seller will be notified of the date and time the vet is scheduled to perform the Vetting.
5.2 Conflict of Interest Waiver: To safeguard the integrity of the Vetting process, Equiyd implements a conflict of interest waiver system. This system requires the Seller to confirm the absence of any conflicts of interest with the chosen vet at the time they accept the Vetting request. A conflict of interest may arise if the Seller and vet have a business relationship, if the vet regularly treats any of the Seller's other Horses, or if there is any other relationship that could influence the Vetting outcome.
5.3 Declaration of Conflict of Interest: If a Seller is aware of a conflict of interest with the requested vet, they must decline the Vetting request and declare the conflict of interest on the Platform. This declaration enables the Buyer to arrange for an alternative Vetting with a different vet, ensuring there is no conflict of interest.
5.4 Seller's Responsibility for Accurate Declaration: It is the Seller's responsibility to accurately declare any known conflicts of interest with the vet. Misrepresentation or failure to declare a conflict of interest by the Seller is solely the Seller's responsibility. Equiyd is not liable for any such misrepresentations or omissions.
5.5 Buyer's Acknowledgement: By using the Equiyd Platform to initiate the Vetting and input the vet's details, the Buyer acknowledges that Equiyd acts as an intermediary only in this process. The Buyer understands that the Seller will be prompted to confirm the absence of any conflict of interest, but Equiyd cannot be held liable for any false claims or failure to disclose a conflict of interest by the Seller.
5.6 User Agreement: Both Buyers and Sellers agree to abide by the terms outlined in this clause 5 of Part B by participating in the Vetting process facilitated by Equiyd. This includes the Buyer's responsibility to select a vet and the Seller's duty to accurately disclose any conflicts of interest.
Clause 6: Vetting certificate uploads
6.1 Digital Upload of Vetting Certificates: Equiyd facilitates the digital upload of Vetting certificates directly to the Horse's Materials on the Platform.
6.2 Timely Upload Obligations: The Buyer agrees to upload the Vetting certificate to the Platform within 24 hours of receipt, provided always that the Seller has consented to the Vetting certificate being submitted to the Platform.
6.3 Consent to Data Storage and Accessibility: By uploading the Vetting certificate as part of the Materials to the Platform, the Seller consents to Equiyd storing the Materials. This data will be associated with the Horse's profile and may be accessible in searches conducted on the Platform by any User at any time, including in the future. This data may also, at Equiyd’s sole discretion, be shared with Third Party Providers, and otherwise monetised as disclosed in the privacy policy. If a Seller wishes to withdraw consent to this use of data, please contact support@equiyd.com.
6.4 Buyer's Confirmation of Vetting Outcome: Within 24 hours of receiving the Vetting certificate, the Buyer is required to confirm through the Platform whether they wish to proceed with the purchase.
6.5 Non-responsibility for Vetting Report: Equiyd has no responsibility for the accuracy of the Vetting report. The decision whether or not to purchase the Horse is at the Buyers’ sole discretion.
6.6 Independence of Equiyd: All Users acknowledge that Equiyd operates independently of the Vetting process. The Platform's role is to store the Vetting certificate.
6.7 User Agreement: By using Equiyd's Vetting certificate upload feature, both Buyers and Sellers agree to the terms outlined in this clause 6 of Part B. This includes consent to data storage and usage as specified by Equiyd in these Terms.
Clause 7: Secure Deposit Payments
7.1 Payment Facilitation: Equiyd uses a Payment Service to facilitate secure Deposit payments. Users are advised to familiarise themselves with the additional terms and conditions of the Payment Service provider. Please see the payment provider section. Equiyd's role is to oversee through the Platform the handling of the Deposit within the parameters set by these Terms.
7.2 Deposit Parameters: A Deposit can be placed on a Horse through the Platform, ranging from 10% to 15% of the Purchase Price. The Deposit serves to secure the Horse for the prospective Buyer, preventing the Seller from taking further viewings or arranging additional Vettings.
7.3 Scenarios for Deposit Placement:
- Vetting Request: When a Buyer requests a Vetting, the Seller may take a Deposit at this stage. Acceptance of the Deposit obligates the Seller to cease further viewings and the Buyer to expedite the Vetting process. The Seller agrees to negotiate in good faith with the Buyer to conclude a sale if the Buyer wishes to proceed following the outcome of the Vetting.
- Non-Vetting Deposit: A Deposit can also be made to reserve the Horse before viewing, without a Vetting request. This ensures that the Horse is not actively marketed before the viewing and sale completes.
7.4 Deposit Forfeiture and Refund (Vetting Requested):
- If the Buyer Withdraws Post-Vetting: following a Vetting where the Horse is determined by the inspecting veterinary surgeon not to have any issue which would prejudice its intended use by the Buyer, but the Buyer wishes to withdraw from the purchase, the Buyer acknowledges the forfeiture of the Deposit, which will be transferred to the Seller. The Deposit Fee shall be retained by Equiyd.
- If the Horse Fails the Vetting: In the event that the Horse is deemed by the inspecting veterinary surgeon to have an issue which may prejudice its intended use and the Buyer does not wish to proceed to purchase the Horse, the Deposit will be returned to the Buyer, however Equiyd shall retain the Deposit Fee.
- Seller Withdrawal Pre or Post Vetting: If the Seller opts not to sell the Horse before or following the Vetting, the Deposit will be refunded to the Buyer and Equiyd will retain the Deposit Fee.
- Renegotiation of the sale: If the Vetting results in the inspecting veterinary surgeon determining that the Horse has an issue which may prejudice it’s intended use by the Buyer, but nonetheless the Buyer wishes to proceed with the purchase, it is acknowledged that the Buyer and Seller may then renegotiate the Purchase Price and notify the Platform accordingly. The Deposit will be transferred to the Seller in accordance with the Terms, and the Deposit Fee shall be retained by Equiyd.
7.5 Deposit Forfeiture and Refund (Non-Vetting Deposit):
- Buyer Withdrawal: If a Deposit is placed prior to viewing without a Vetting request, then if the Buyer chooses not to proceed with the purchase at any time, the Seller will retain the Deposit and the Deposit Fee will be retained by Equiyd.
- Seller Withdrawal: If the Seller decides not to proceed with the sale at any time, the Deposit will be refunded to the Buyer and the Deposit Fee will be retained by Equiyd.
7.6 Seller's Legal Ownership: When a Deposit is placed on the Horse, the Seller remains the legal owner and is solely responsible for the continued care and well-being of the Horse until completion of the sale in accordance with the Terms. If, following a Vetting, the Horse is injured, incapacitated or dies, or the Seller is subject to insolvency proceedings and is unable to sell the Horse, the Deposit shall be returned to the Buyer.
7.7 Non-Responsibility of Equiyd: Equiyd acts solely as a facilitator in the Deposit process, holding the Deposit via its Payment Service provider. Equiyd is not responsible for any losses incurred by either party in relation to the Deposit or disputes arising from the Vetting process. Equiyd's responsibility is limited to the secure handling of the Deposit under the conditions outlined above.
7.8 User Agreement: By engaging in transactions involving Deposits on the Platform, both Buyers and Sellers agree to abide by the terms outlined in this clause 7 of Part B.
7.9 Deposit Payment Terms
7.9.1 Secure Holding of Deposits: The Deposit will be securely held using the Payment Service. This ensures that all transactions are conducted securely and in compliance with applicable financial regulations in the UK and the Payment Service providers’ terms and conditions.
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7.9.2 Deposit Holding Period: The Deposit will be held securely by the Payment Service until either the Buyer or Seller notifies the Platform that it is withdrawing from the sale, or the Final Payment is transferred to the Seller. The maximum time a Deposit can be retained for pending a transaction is specified in the Payment Service providers terms and conditions. The release of the Deposit will be governed by the terms and conditions outlined in Clauses 8 to 10 of Part B.
7.9.3 Payment of Deposit Forfeiture and Refund: Any payments related to the Deposit, whether for forfeiture or refund, will be executed as specified in Clause 7.4 and 7.5 of Part B.
7.9.4 Deposit Fee: All transactions involving the Deposit will be subject to the Deposit Fee. The Deposit Fee is payable in consideration for the provision of secure transaction services and the facilitation of the Deposit process. The amount of the Deposit Fee is specified in the Fees Appendix.
7.9.5 VAT on Deposit Fee: VAT will be applied to the Deposit Fee in accordance with applicable tax laws at the time of processing.
7.9.6 Equiyd’s Role: Equiyd's role is to provide a secure Platform for facilitating the Payment Services’ provider holding the Deposit, and the release of the Deposit in accordance with the Terms.
Clause 8: Payment of Final Balance and associated conditions using a third party transporter
The following clause applies where a third party transporter is used to deliver the Horse, regardless of whether it is arranged and paid for by the Buyer or Seller:
8.1 Purchase Price and Service Fee Payment: Equiyd utilises a Payment Service to facilitate the Purchase Price payment. Users are advised to familiarise themselves with the additional terms and conditions of the Payment Service. Please see the payment provider section. Equiyd's role is to oversee the payment of the Purchase Price in accordance with the Terms.
The Final Balance must be transferred by the Buyer to the Payment Service via the Platform. It will be securely held by the Payment Service provider until the Buyer confirms satisfactory receipt of the Horse, whereupon the Purchase Price (less any Deposit) will be released to the Seller, and the Service Fee will be released to Equiyd.
8.2 Legal Ownership of the Horse: Unless agreed otherwise in a sales contract, legal ownership of the Horse remains with the Seller until the Horse has been accepted by the Buyer. If insured, the Seller should maintain their insurance for the Horse until this point of transfer and take all necessary care to ensure the Horse's well-being during their ownership, including in being transported. If Seller has no insurance or fails to maintain their insurance cover on the Horse, the Seller remains liable for the Horse until this point of transfer.
8.3 Risk in the Horse during Transport: Unless agreed otherwise in a sales contract, the Seller is solely responsible for the Horse until it has been accepted by the Buyer following transportation.
8.4 Documentation and Transport: The Seller is required to provide all necessary documents to the transporter and upload a video of the Horse being loaded onto the transporter to the Platform.
8.5 Delivery Confirmation: The Buyer is required to record and upload a video of the Horse being unloaded at the destination on the Platform.
8.6 Release of Payments: Upon satisfactory receipt of the Horse, the Buyer will confirm such receipt via the Platform, whereupon the Platform will release the Purchase Price (including any Deposit) to the Seller within 7 days.
8.7 Discrepancies and Disputes: If the Horse does not match the Horse Description, or if the Passport is incorrect or missing, the Buyer should refuse delivery, update the Platform immediately, and inform the Seller via the Platform. The Purchase Price, and any Deposit, will be refunded to the Buyer within 7 days (however the Service Fee and any Deposit Fee will continue to be payable to Equiyd).
8.8 Equiyd’s Role: Equiyd's role is to provide a secure Platform for facilitating the transfer of the Purchase Price (including any Deposit) in accordance with the Terms.
Clause 9: Payment of Final Balance and associated conditions - Seller-delivered
Where Seller agrees to deliver the Horse to the Buyer then the following Terms apply:
9.1 Purchase Price and Service Fee Payment: Equiyd utilises a Payment Service to facilitate the Purchase Price payment. Users are advised to familiarise themselves with the additional terms and conditions of the Payment Service. Please see the payment provider section. Equiyd's role is to oversee the payment of the Purchase Price in accordance with the Terms.
The Final Balance must be transferred by the Buyer to the Payment Service via the Platform. It will be securely held by the Payment Service provider until the Buyer confirms satisfactory receipt of the Horse, whereupon the Purchase Price (less any Deposit) will be released to the Seller, and the Service Fee will be released to Equiyd.
9.2 Legal Ownership of the Horse: Unless agreed otherwise in a sales contract, legal ownership of the Horse remains with the Seller until the Horse is accepted by the Buyer. If insured, the Seller should maintain their insurance for the Horse until this point of transfer and take all necessary care to ensure the Horse's well-being during their ownership. If Seller has no insurance or fails to maintain their insurance cover on the Horse, the Seller remains liable for the Horse until this point of transfer.
9.3 Documentation and Transport: The Seller is required to provide all necessary documents for travel to the location of the Buyers’ choice and to upload a video of the Horse being loaded to the Platform.
9.4 Risk in the Horse during Transport: Unless agreed otherwise in a sales contract, the Seller is solely responsible for the Horse until it has been accepted by the Buyer following transportation.
9.5 Delivery Confirmation: The Buyer is required to record and upload a video of the Horse being unloaded at the destination on the Platform.
9.6 Release of Payments: Upon satisfactory receipt of the Horse, the Buyer will confirm such receipt via the Platform, whereupon the Platform will release the Purchase Price (including any Deposit) to the Seller within 7 days.
9.7 Discrepancies and Disputes: If the Horse does not match the Horse Description, or if the Passport is incorrect or missing, the Buyer should refuse delivery, update the Platform immediately, and inform the Seller via the Platform. The Purchase Price, and any Deposit, will be refunded to the Buyer within 7 days (however the Service Fee and any Deposit Fee will continue to be payable to Equiyd).
9.8 Equiyd’s Role: Equiyd's role is to provide a secure Platform for facilitating the transfer of the Purchase Price (including any Deposit) in accordance with the Terms.
Clause 10: Buyer collects the Horse from the Seller
Where the Buyer opts to collect the Horse from the Seller then the following Terms apply:
10.1 Arrangement for Collection: The Buyer is responsible for arranging an appropriate time to collect the Horse from the Seller. The Seller agrees to make themselves available for the meeting, and the Buyer agrees to provide reasonable notice for the collection.
10.2 Purchase Price and Service Fee Payment: Equiyd utilises a Payment Service to facilitate the Purchase Price payment. Users are advised to familiarise themselves with the additional terms and conditions of the Payment Service. Please see the payment provider section. Equiyd's role is to oversee the payment of the Purchase Price in accordance with the Terms.
The Final Balance must be transferred by the Buyer to the Payment Service via the Platform. It will be securely held by the Payment Service provider until the Buyer confirms satisfactory receipt of the Horse, whereupon the Purchase Price (less any Deposit) will be released to the Seller, and the Service Fee will be released to Equiyd.
It is recommended that the Buyer transfers the Final Balance to the Platform prior to collection to avoid any issue such as signal problems at the yard or banking delays.
10.3 Legal Ownership of the Horse: Unless agreed otherwise in a sales contract, legal ownership of the Horse remains with the Seller until the Horse is accepted by the Buyer. If insured, the Seller should maintain their insurance for the Horse until this point of transfer and take all necessary care to ensure the Horse's well-being during their ownership. If Seller has no insurance or fails to maintain their insurance cover on the Horse, the Seller remains liable for the Horse until this point of transfer.
10.4 Documentation and Transport: The Buyer must inform the Seller of, and pay for, any travel documentation required at collection. Upon collection, the Buyer must verify the Horses’ identity prior to loading.
10.5 Risk in the Horse during Transport: Unless agreed otherwise in a sales contract, the Buyer is solely responsible for the Horse once it has been accepted.
10.6 Delivery Confirmation: The Buyer is required to record and upload a video of the Horse being collected on the Platform.
10.7 Release of Payments: Upon satisfactory receipt of the Horse, the Buyer will confirm such receipt via the Platform, whereupon the Platform will release the Purchase Price (including any Deposit) to the Seller within 7 days.
10.8 Discrepancies and Disputes: If the Horse does not match the Horse Description, or if the Passport is incorrect or missing, the Buyer should refuse collection, update the Platform immediately, and inform the Seller via the Platform. The Purchase Price, and any Deposit, will be refunded to the Buyer within 7 days (however the Service Fee and any Deposit Fee will continue to be payable to Equiyd).
10.9 Equiyd’s Role: Equiyd's role is to provide a secure Platform for facilitating the transfer of the Purchase Price (including any Deposit) in accordance with the Terms.
Clause 11: Insurance referral service
11.1 Insurance Referrals: Equiyd offers all Users insurance referrals from its Third Party Providers. Users may opt out of this Service by contacting support@equiyd.com.
11.2 Consent for Sharing Personal Data with Third Party Provider: By using the Platform, you consent to Equiyd providing a Third Party Provider with your personal data to propose an insurance product for the Horse. Please see our Privacy Policy for more information.
11.3 Disclosure of Referral Fees: Equiyd may receive a referral fee or commission from the Third Party Provider if you decide to take insurance through our referral. This arrangement supports our Platform and enables us to continue offering Services to our Users.
11.4 Liability for Insurance Decisions: Equiyd has no liability for any decisions made regarding insurance coverage. While we may introduce you to potential insurance options, the ultimate decision regarding the selection of an insurance provider and appropriate coverage level lies with the User.
11.5 Responsibility for Insurance Selection: You are responsible for selecting the appropriate insurance provider and coverage level for your needs. This includes undertaking due diligence on the provider and fully understanding the terms and conditions of the insurance policy offered.
11.6 Non-Responsibility for Insurance Outcomes: Equiyd cannot be held accountable for any outcomes related to your insurance decisions, including but not limited to, coverage adequacy, claim disputes, or issues arising from the insurance policy selected based on our referral.
11.8 User Agreement: By registering with the Platform and consenting to share your personal data with our Third Party Providers, you acknowledge and accept the terms outlined in this clause 11 of Part B, including our role as an introducer and the limitations of our liability regarding your insurance decisions, along with the understanding that Equiyd may benefit from referral fees or commissions.
Clause 12: Post-Purchase Support
12.1 Scope of Post-Purchase Support: Equiyd's post-purchase support is limited in scope, the Platform delivers a transaction process to Users and a Digital Audit Trail for each User once a transaction is complete.
12.2 Payment Protection: The Services include procuring secure handling and transfer of payments using a Service Provider until the acceptance of the Horse, or the appropriate handling of Deposits according to the terms agreed upon by the Users.
12.4 No Warranties: Equiyd provides no warranties in relation to any transaction undertaken using the Platform. Use of the Platform does not comprise a contract of sale, and if one is required independent legal advice should be sought.
12.5 Exclusion of Additional Services: All Users accept that Equiyd has no role or responsibility in the provision of additional services or warranties beyond the facilitation of secure Payment Services and the creation of a Digital Audit Trail.
12.6 User Agreement: By engaging with the Platform, Users agree to the limitations of our post-purchase support as outlined in this clause. Users acknowledge and accept that Equiyd's role is strictly limited to facilitating transactions through the Platform and protecting payments as set out in the Terms.
Clause 13: Digital Audit Trail
13.1 Provision of Digital Audit Trail: Upon receipt of the Service Fee, Equiyd will provide a copy of the Digital Audit Trail to both the Buyer and the Seller.
13.2 Content of Digital Audit Trail: The Digital Audit Trail will include:
- Copies of Materials relating to the Horse (including the Vetting) as uploaded by the Buyer or the Seller
- Chat logs from the platform, upon request (provided that such request is received within 30 days of completion of the transaction).
13.3 Exclusion Without Service Fee Payment: If a Buyer opts out of the transaction without paying the Service Fee, they will not be entitled to receive the Digital Audit Trail.
13.4 Digital Audit Trail and Disputes: While Equiyd is not a dispute resolution service, the Digital Audit Trail can be utilised by Users in case of disputes.
Clause 14 Payment Service provider for Buyers and Sellers
The Platform provides a Payment Service that is provided by a regulated Third Party Provider, based on the following:
14.1 Payment processing: Payment processing services for Users are provided by a regulated Payment Services provider and are subject to the third party agreement which includes the third party terms of services (collectively, the “Services Agreement”). By agreeing to these Terms or continuing to operate as a User on the Platform, you agree to be bound by the Services Agreement, as the same may be modified by them from time to time. As a condition of the Platform enabling payment processing services through the Payment Services provider, you agree to provide Equiyd accurate and complete information about you and your business (where relevant), and you authorise Equiyd to share it and transaction information related to your use of the payment processing services provided by the Payment Services provider.
14.2 Payments: Equiyd uses a regulated Payment Services provider to make payments to Sellers. The Payment Services provider recipient agreement will apply to your receipt of such payments. To receive payments from Equiyd you must provide us with accurate and complete information about you and your business (where relevant), and you authorise Equiyd to share it and transaction information related to your payment with the Payment Services provider.
14.3 Payment Processing Third Party Agreement
Stripe Connected Account Agreement
14.4 Payout Third Party Agreement