NED - Terms and Conditions

Terms and Conditions


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Capitalised words used in these Terms and Conditions are defined in the "Definitions" section below. Access to and use of the NED Website constitutes your acceptance of these Terms and Conditions, which take effect immediately on your first use of the NED Website. We reserve the right to change these Terms and Conditions at any time by posting changes on the NED Website. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your use of the NED Service following such changes shall be deemed to constitute your acceptance of such changes.

1.	Supply of the NED Service
	1.1	We shall provide the NED Service to you subject to these Terms and Conditions and with reasonable care and skill.
	1.2.	The NED Service shall be provided in accordance with the information published on the NED Website from time to time.
	1.3.	Further details about the NED Service and advice or recommendations about its provision or utilisation, which are not given on the NED Website may be made available on written request.
	1.4.	We may correct any typographical or other errors or omissions in the NED Website or any other document relating to the provision of the NED Service at any time without any liability to you.
	1.5.	We may at any time without notifying you make any changes to the NED Service which are necessary to comply with any applicable statutory or regulatory standards or requirements or which changes do not materially affect the nature or quality of the NED Service.

2.	Charges
	2.1.	Where NED Services are available to you only upon payment of a charge, you shall pay our charges for using the NED Service as detailed on the NED Website.
	2.2.	We shall be entitled to vary our charges from time to time which variations shall apply from the next occasion upon which you use the NED Service or, in the case of charges for Membership, from the next renewal of such Membership.
	2.3.	All charges quoted on the NED Website for the NED Service are inclusive of any Value Added Tax.
	2.4.	You shall pay the charges to us in full prior to using the NED Service for which you have paid. We accept payment by credit card and debit card. You authorise us to commence providing the NED Service as soon as payment is made by you.
	2.5.	We shall provide you with a payment receipt for the charges by mail or email within 7 days of the date of payment by you, a VAT recipt is additionally available on request.

3.	No Cancellation Rights under the Distance Selling Regulations following the Commencement of the NED Service
	3.1.	Where you are a consumer, the Distance Selling Regulations give you the right to cancel for a period of 7 working days following the date of the Agreement. You may exercise this cancellation right and obtain a full refund from us by doing any of the following: by leaving a notice addressed to us at our address as last known to you, in which case notice shall have been deemed to have been given on the day on which it was left at such address; by posting the notice to us at our address as last known to you, in which case notice shall have been deemed to have been given on the day it was posted, or by faxing or emailing the notice to us at our fax number or email address as last known to you, in which case notice shall have been deemed to have been given on the day it was sent.
	3.2.	If you have exercised your right to cancel, then we request that you retain some evidence of having delivered, posted, faxed or email such notice to us.
	3.3.	However, you should be aware that your cancellation rights will cease as soon as we start providing the NED Service.

4.	Registration, Usernames and Passwords
	4.1.	When applying to be a Registered User you will provide us with a valid email address which you will keep up-to-date.
	4.2.	When applying to be a Member you will provide us with accurate and complete information about your real name, a valid email address, contact information and any other information that we may reasonably request. You will also keep such information up-to-date.
	4.3.	You will:
		4.3.1.	not select a username which we, at our sole discretion, deem offensive or which is an infringement of the rights of any other person;
		4.3.2.	not allow your username or password to be used by any other person;
		4.3.3.	ensure that you inform us promptly if you believe that your username or password has been disclosed to any other person and, in these circumstances, you will cooperate with us in the process of changing such username or password.

5.	Terms of Use
	You agree that you have read our Terms of Use and that you agree to be bound by them.

6.	Warranties and Liability Disclaimer – Important Please Read
	6.1.	The majority of information which is supplied via the NED Website is collated by us from information provided to us by Data Suppliers. These Data Suppliers may have no ability to control or verify the accuracy of information supplied to then. We, in turn, have no control over the accuracy or completeness of the information supplied to us by Data Suppliers. Accordingly, whilst we endeavour to provide a service of the highest quality and to ensure that information which is supplied via the NED Website is accurate, we can not and do not guarantee the accuracy of this information.
	6.2.	We further can not and do not guarantee that the NED Website will be accessible at any given time or that the NED Service will be uninterrupted or error-free, or that the service selected will reach the intended recipient.
	6.3.	WE PROVIDE THE NED WEBSITE AND THE NED SERVICE ON AN "AS IS" BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE NED WEBSITE THE NED SERVICE OR THEIR OPERATION OR CONTENT.
	6.4.	WE DO NOT REPRESENT OR WARRANT THAT INFORMATION AVAILABLE ON THE NED WEBSITE OR VIA THE NED SERVICE IS ACCURATE, CURRENT OR COMPLETE, AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LAW.
	6.5.	WE SHALL NOT BE LIABLE TO YOU OR BE DEEMED TO BE IN BREACH OF ANY AGREEMENT BY REASON OF ANY DELAY IN PERFORMING, OR ANY FAILURE TO PERFORM, ANY OBLIGATION IF THE DELAY OR FAILURE WAS DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL
	6.6.	EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THAT OF OUR DATA SUPPLIERS AND EXCEPT IN THE CASE OF FRAUDULENT MISREPRESENTATION:
		6.6.1.	IN NO EVENT SHALL WE OR ANY OF OUR DATA SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY, IN ANY MANNER (INCLUDING NEGLIGENCE) FOR LOSS OR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE NED WEBSITE OR THE NED SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE NED WEBSITE OR THE NED SERVICE, EVEN IF NED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE NED WEBSITE AND THE NED SERVICE YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES, CONTENT, GOODS OR SERVICES AVAILABLE THROUGH NED WEBSITE OR THE NED SERVICE; AND
		6.6.2.	WITHOUT LIMITING THE EFFECT OF CLAUSE 6.6.1, YOU AGREE THAT IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID US FOR ANY GOODS OR SERVICES PURCHASED FROM US.

7.	Privacy Policy
	You agree that you have read our Privacy Policy and that you agree to its terms.

8.	Termination
	8.1.	We shall (without limiting any other remedy) be entitled to terminate any Agreement by giving you notice if you commit any breach of these Terms and Conditions.
	8.2.	Either party is entitled to terminate any Agreement if the other goes into liquidation, becomes bankrupt, has a receiver appointed, makes a composition or voluntary arrangement with its creditors or enters administration, or a moratorium comes into force in respect of the other (within the meaning of the Insolvency Act 1986).

9.	General
	9.1.	These Terms and Conditions (together with the Terms of Use and the Privacy Policy) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
	9.2.	With the exception of cancellation notices under the Distance Selling Regulations, a notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to the other party via their email address or at their registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
	9.3.	No failure or delay by either party in exercising any of its rights under any Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of any Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
	9.4.	If any provision of these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

10.	Language Applicable law and Jurisdiction
	The language applicable to these Terms and Conditions is English. English law shall apply to these Terms and Conditions and you and we submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise from or in relation to them.

11.	Definitions
	“Agreement” means any agreement under which NED Services may be supplied to you;
	“Data Suppliers” means Passport Issuing Organisations and other suppliers of data to NED. A list of these organisations appears here on the NED Website;
	“Defra” means Department for Environment Food and Rural Affairs;
	“Distance Selling Regulations” means the Consumer Protection (Distance Selling) Regulations 2000;
	“Horse Passport” means a horse passport as defined under the Horse Passport Regulations;
	“Horse Passport Regulations” means the Horse Passports (England) Regulations 2004, The Horse Passport Regulations (Wales) 2005, The Horse Passport Regulations (Scotland) 2005, The Horse Passport Regulations (Northern Ireland) 2004 and includes any amendments or replacement of those regulations;
	“Mandatory Data” means data which Passport Issuing Organisations are obliged to supply to us under the terms of the Horse Passports Regulations, the nature and scope of which may be changed from time to time;
	“Member” means a person who has registered with us to use the NED Website or for a NED Service as a member;
	“NED” means the National Equine Database, operated and managed by us and established to assist in the implementation of the Horse Passports Regulations;
	“NEDLink” means a bespoke hypertext link to part of the NED Website which is not otherwise available for public access;
	“NED Service” means any service obtained by you from us and/or via the NED Website;
	“NED Website” means the website at www.nedonline.co.uk and any duplicate or replacement website for that website;
	“Opt In” means provide consent to the processing of Personal Data;
	“Opt Out” means withdraw consent to the processing of Personal Data;
	“Passport Issuing Organisations” means the organisations authorised to issue Horse Passports under the Horse Passport Regulations. A list of these organisations appears here on the NED Website;
	“Personal Data” means personal data as defined in the Data Protection Act 1998 as amended or replaced from time to time;
	“Privacy Policy” means our privacy policy which appears on the NED Website and which may be accessed by following this link;
	“Registered User” means a person who has registered with us to use the NED Website or for a NED Service;
	“Report” means a report available via the NED Service;
	“Terms of Use” means the terms of use applicable to the NED Website and the NED Service which appears on the NED Website and which may be accessed by following this link ;
	“Voluntary Data” means data which Data Suppliers may optionally supply to us under the terms of agreements between the Data Suppliers and us, the nature and scope of which may be changed from time to time;
	“We, us or our” means National Equine Database Limited, a company limited by guarantee (company number 05853053) whose registered office principal place of business and address for service is at National Equine Database Ltd, National Agricultural Centre, Stoneleigh Park, Kenilworth, Warwickshire, CV8 2RH;
	“You or your” means any person or entity visiting the NED Website or using or proposing to use any NED Service;

Additonal Terms and Conditions for Advertisers

	Capitalised words used in these Terms and Conditions are defined in the "Definitions" section below. These Additional Terms and Conditions to be read and accepted in conjunction with the main Terms and Conditions where NED is providing Website space for Advertising

A.	Advertising

	Following Acceptance by the Buyer and upon receipt of the agreed payment in cleared funds, NED agrees to publish Advertisements on the Website on behalf of the Buyer subject to these additional Terms and Conditions. NED does not guarantee that any Advertisement will lead to a successful advertising campaign, neither shall NED be a party to, or liable in respect of any contract which is entered into between the Advertiser and any third party. NED shall be entitled to amend or require the Buyer(at the Buyer’s expense) to amend any artwork, materials and/or copy for an Advertisement, or refuse(without notice) to publish, or remove from the Website any Advertisement for any reason including, without limitation if:
	(a) the Advertisement does or is likely to breach any applicable law or regulation; (b) the content of any Advertisement is obscene, blasphemous, defamatory, or infringes the Intellectual Property Rights of any third party; (c) the content of the Advertisement is not consistent with NED’s reasonable advertising standards; or (d) the Advertiser has breached or threatened to breach these terms and conditions.

	NED will refund any fees pre-paid by the buyer that relate to the deletion of or refusal to publish an Advertisement. NED will give the Buyer reasonable notice prior to any action taken by NED. However, if such action is immediate, NED will give the Buyer notice as soon as reasonably practicable thereafter.

	The Buyer undertakes, represents and warrants to NED that: (a) it is contracting with NED as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser in any representative capacity; (b) in the case of the Buyer changing name, trading style, identity or any other details disclosed in its Agreement for an advertisement, the Buyer will give written notice to NED of the new details within 5 working days of this change. (c) the publication of the Advertisement by NED in accordance with the Agreement originally submitted by the Buyer will not breach any contract with a third party or infringe any Intellectual Property Rights of any third Party or render NED liable to any proceedings, claims, demands, costs or expenses (including legal costs) or any other loss or liability whatsoever. In particular, the Buyer warrants that it has consent from the photographer of any photograph which forms part of an Advertisement to use such a photograph in the Advertisement; (d) the Buyer or Advertiser has obtained the consent of any living person who appears in any photograph to be used in the Advertisement; (e) the Advertisement is legal, decent, honest and truthful, does not contravene any law nor is in any way illegal, defamatory or obscene and complies with the requirements of all relevant legislation including any related subordinate legislation, the rules of statutorily recognized regulatory force including without limitation the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority or any other relevant body.

	NED shall not be held responsible for the Buyer for any losses, costs, claims, damages, expenses or liabilities whatsoever (including indirect, special and consequential losses and loss of profit, revenues, contracts, business and loss or corruption of data) resulting from: (a) any failure to check the correctness of the Advertisement in the form it is received from the Buyer; (b) any error in the Advertisement in the form it is received from the Buyer; (c) the wording or quality of colour or mono reproduction of the Advertisement or the actual positioning of the Advertisement; (d) any decision to suspend the Website or cease operation of the Website altogether whether for legal , technical or other reasons; (e) any breach of contract because of NED’s failure to perform its obligations under the Agreement if such failure is caused by anything beyond NED’s control including force majeure, terrorism, strikes, lock-outs or other industrial actions or trade disputes, whether involving NED’s employees or those of a third party; (f) the loss of copy, artwork, photographs or other material which are held at the Buyer’s risk and which should be insured by it against loss or damage from any cause; (g) any other matter of complaint, claim or query unless raised with NED in writing within 5 working days following the insertion of the advertisement.

	The Buyer must give no less than 5 working days notice upon placing a stop order on an Advertisement. Any complaint arising from the publication of the advertisement that is received by the Buyer must be notified to NED immediately. NED reserves the right to charge the Buyer for any extra production work caused by the omission of the Buyer to supply the correct material in the requested format. NED may reject or suspend the Advertisement if the Buyer does not disclose the name of the Advertiser or its client and or the products or services which are the subject of the Advertisement. All Intellectual Property Rights originated by NED are owned by NED. If the Buyer is in breach of any of these obligations in these Terms then NED will be entitled to terminate the Agreement and may, at its discretion, return all or part of the charge. An Agreement to advertise on the NED Website is not an exclusive arrangement and the Buyer has the right to enter into any other agreement with other providers. The Buyer shall indemnify and keep indemnified NED against all proceedings, claims, damages, costs, expenses or any other demands whatsoever arising directly or indirectly from the publication of the Advertisements or any breach of the Buyer’s obligations either to NED or a third party.

B.	Definitions

	“Advertiser” means any kind of promotional material that is published by electronic means via the Website “Agreement” means any agreement under which NED Services may be supplied to you; “Buyer” means the person placing the order with NED for the insertion of the Advertisement on the Website “NED” means the National Equine Database, operated and managed by us and established to assist in the implementation of the Horse Passports Regulations; “NED Service” means any service obtained by you from us and/or via the NED Website; “NED Website” means the website at www.nedonline.co.uk and any duplicate or replacement website for that website; “We, us or our” means National Equine Database Limited, a company limited by guarantee (company number 05853053) whose registered office principal place of business and address for service is at National Equine Database Ltd, National Agricultural Centre, Stoneleigh Park, Kenilworth, Warwickshire, CV8 2RH;