Terms of Use

The following terms and services offered via the Website (the “Service” as further defined below).
Use of the Service and incorporate any other Policies (as defined below) issued by EQUI360 from time to time.

DEFINITIONS AND INTERPRETATION

1.1 Definitions
In these Terms of Use, unless the context otherwise requires or permits:
“Account” means an Account established by EQUI360 to enable a User to access and use the Service, as described in clause 5 below;
“Confidential Information” means in relation to each party, all information of a confidential nature relating to the business and/or operations of that party (whether such information is disclosed in writing, orally, by visual presentation or by any other means of providing access to such information) including but not limited to any such information subsisting in any Content;
“Content” means all information, news, opinions, feedback, material, images, graphics, video, audio, multimedia output, graphs, tables, charts, statistics, reports, summaries, objects, logos, layouts, data, geo-location information, colour schemes and any other content that is accessible to the User via the Service, including any such content which is created by EQUI360based on or derived from Third-Party Content;
“Fees” means the fees and charges payable in respect of the Service;
“Force Majeure Event” means strikes, lock-outs, or other labour disputes, riots, civil disturbances, actions or inaction of governmental authorities or suppliers, epidemics, wars, embargoes, storms, floods, fires, earthquakes, acts of God or the public enemy, computer downtime, nuclear disasters, default of a service carrier or other circumstances outside the control of EQUI360;
“Intellectual Property Rights” means any and any corresponding proprietary rights (whether registered or common law) under the laws of any jurisdiction;

“Maintenance” means any scheduled or unscheduled period whereby the Service is not available by reason of maintenance and/or upgrades to the Service;
“User” means a person or entity who agrees to these Terms of Use and anyone deemed to be a relevant User of the Service described in clause 2.

“Policies” means any rules, policies and other guidelines, including the Privacy Policy, issued by EQUI360 from time to concerns the use of the Service;
“Privacy Policy” means the policy issued by EQUI360 from time to time that is expressed to govern how EQUI360 collects, uses and discloses information;
“Service” means features and
“Third-Party Content” means content which has been sourced from or provided by third parties, including, without limitation, Users to EQUI360 which appears or is published on the Website and also includes content on websites that may be linked to or from the Website.
1.2 Interpretation
In these Terms of Use, unless expressly stated otherwise or the context otherwise requires, references to these Terms of Use shall include a reference to the Policies and by-laws issued under that statute.
In these Terms of Use, references to the words “including” and do not affect the interpretation of these Terms.

2. EFFECT OF TERMS

2.1 EQUI360 provides the Service solely in accordance with the Terms of Use and understood the Terms of Use.

2.2 Users acknowledge that if there is any conflict between the terms and any Policies, these Terms of Use will prevail to the extent of any inconsistency.

2.3 Users acknowledge that EQUI360 may, from time to time at its sole and must take steps to cancel its’ Account, including by providing notice to EQUI360 of such an intention.

2.4 If the Terms of Use revised pursuant to clause 2.3 above, Users acknowledge and accept that:

(a) the matters disclosed in any revised Terms of Use shall prevail to the extent that they are inconsistent with any matters in the previously accepted version of the Terms of Use before the revision; and
(b) all references in these Terms of Use shall be read as referring to the most recent version of the Terms of Use which the User has accepted or is deemed to have accepted upon Account to the Service or pursuant to clause 2.3 above

2.5 Any person who is in the business of wagering, which means, for the purposes of this clause, any person who offers and otherwise in that regard.

Users must be over the age of 18 years of age.
Notwithstand EQUI360 shall not be liable for any loss, damage or expense howsoever incurred in respect of the exercise of that right.

3. NATURE OF THE SERVICE

3.1 Subject to payment of any Fees (see clause 6 below), access to and use of the Service if EQUI360 determines such termination or prevention is appropriate for any reason. EQUI360 shall not be liable to Users for any loss or damage incurred by anyone, howsoever incurred, as a result of the termination of any Account or the prevention of access to the Service.

3.2 Users acknowledge and accept that the Service:
(a) is a content service that includes the provision of websites ( the Website, web applications and social media platforms;
(b) is intended (but not exclusively) to be an online social networking platform that allows Users to exchange and to connect with Users

4. User ACCOUNTS

4.1 Users agree and maintain the Account.

4.2 By subscribing to the Service and agrees that:

the User must ensure that all of the information the User provides to establish an Account or in updating an Account is and complete at all times;

the User must not allow any other unauthorised third party to have access to the Account or to use the Service for any reason, and will actively takes steps to prevent any unauthorised third party from doing such, the User must notify EQUI360 immediately if it becomes aware of any unauthorised use of the Account or Service;

the User will not cause or allow the Account to be leased, sold, transferred to or operated by another person, whether for money or other valuable consideration or gratuitously;

the User assumes full responsibility for maintaining the confidentiality of its Account, including any username and password required for accessing, operating or maintaining the Account;

EQUI360 is not responsible for any losses the User incurs due to informational or technical errors in the Account establishment process, and will not be liable for any loss or damage the User incurs as a result of an unauthorised person using the Account, including the use of any Account information;

EQUI360 reserves the right to edit or delete any Account information, including material related or uploaded to an Account, without notice and

EQUI360 reserves the right to suspend or terminate any Account, without notice and absolute discretion, or if EQUI360 deems it appropriate pending investigation of any such violation

5. User UNDERTAKINGS, REPRESENTATIONS AND WARRANTIES

5.1 In using the Service, Users represent, warrant and undertake as follows:

(a) they have read and governs the User’s use of the Service;

(b) if the User is an individual – the User is at least 18 years of age and there is no reason is aware of in law that prevents the User from accepting or performing its obligations in these Terms of Use;

(c) if the User is a company or other corporate entity or government agency – the User has all the necessary rights and there is no reason the User is aware of in law that prevents the User from accepting or performing its obligations in the Terms of Use;

(d) not to use the Service, including any Content and Third-Party Content, for any purpose that is contrary to that which EQUI360 intends the Service to be used, as disclosed in the Terms of Use, or for any purpose that EQUI360 regards as unlawful, fraudulent, misleading or deceptive, unconscionable, defamatory, obscene, harassing or otherwise has the effect or result or likelihood of infringing the legal rights of a third party or preventing a third party from fulfilling their legal obligations;

(e) not to use the Service including any Content, in breach of any legislation or regulation at all, to include, without limitation, relevant legislation and horse training industries;

(f) not to use the Service in a manner that is considered unreasonable, abusive or excessive by EQUI360 or in a way that adversely affects the functionality and/or capacity of the Service;

(g) not to impersonate or pretend to be any other person, or to represent that it holds or possesses any other identity, qualification, competency, knowledge or property which it does not genuinely hold or possess;

(h) not to use the Service including any Content which in the reasonable opinion of EQUI360 might adversely affect the business or brandal or ridicule;

that it is their sole responsibility to exercise their own judgment and that Users must not look to EQUI360 for compensation in respect of any losses or damages, howsoever incurred, that the User incurs in reliance on any Content or Third-Party Content;

(j) that in respect of any Third-Party Content that is provided by theUser to EQUI360:

(i) all such Third-Party Content will be complete, reliable, accurate, valid and current;
(ii) all such Third-Party Content which incorporates an opinion, judgment or belief shall represent an opinion, judgment or belief (whatever the case may be) that is genuinely held by the User;
(iii) no Third-Party Content contains content which is otherwise unlawful, fraudulent, misleading or deceptive, unconscionable, defamatory, obscene or otherwise has the tendency of infringing the legal rights of a third party, including rights of confidentiality or trade secrets;
(iv) the User warrants that the User is able to confer a royalty-free unconditional licence to EQUI360 to use that Third-Party Content in accordance with the Terms of Use and accepts that by virtue of this clause, the User shall confer a royalty-free unconditional licence to EQUI360 to use that Third-Party Content in accordance with the Terms of Use;

(k) the User will pay the Fees and when they are due;

(l) the User will comply with any Policies issued by EQUI360 from time to time;

(m) the User will not sell, transfer, assign, sub-licence or charge any right or licene hereunder to a third party and conditions in relation to the Licence as set out in the Terms of Use;

(n) the User will not publish or reproduce any Confidential Information of EQUI360 in any form, including without limitation on or in the Service or Website or on any external websites unaffiliated with EQUI360 or in any print medium, without the prior written permission of EQUI360;

(o) it is the User’s responsibility to ensure its own compliance with all applicable laws when using the Service, and liability for the User’s compliance to the full extent permitted by law;

(p) not to use the Service as a means to facilitate a wagering gambling or other betting transaction or service either as a Wagering Operator or otherwise;

(q) not to rely on the Service in any circumstances where a reasonable person in the User’s position, having the same knowledge and

(r) not to violate (or attempt to violate) any security features of the Service or Website, including, without limitation by: (i) accessing content not intended for the User; (ii) attempting to probe, scan, or test the vulnerability of the Service, Website or any associated system or network, or to breach any security or authentication measures; (iii) interfering or attempting to interfere with the Service to any User, host or network or third party provider, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “hacking”, “crashing” or “denial of service” attacks; (iv) using the Service to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or (vi) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by EQUI360, including the Intellectual Property.

5.2Users acknowledge and whether incurred directly or indirectly, as a result of using the Service generally or Website in contravention of the matters in clause 5.1 above.

5.3User indemnify EQUI360 against all proceedings, loss, damage, costs, claims and damage as a result of such acts

5.4 In addition to clauses 5.2 and damage as a result of such acts.

5.5 Users further acknowledge that the publication of Third-Party Content on the Service generally including via the Website may result in unauthorised, unintended or undisclosed third parties having access to such Third-Party Content who may use such Third-Party Content to the detriment of the User. Users agree that they must not look to EQUI360 for any compensation in respect of any loss or damage they have incurred, howsoever incurred and whether directly or indirectly incurred, as a result of the misuse of any Third-Party Content by a third party.

6. FEES & CHARGES

6.1 Users acknowledge and cease use of the Service after the relevant notice period. For the avoidance of doubt, any increase in Fees shall not apply in respect of the period for which Fees have already been paid as at the date when the increase takes effect but shall apply to any future period(s).
6.2 For the avoidance of doubt, where EQUI360 has issued a notice under clause 6.1 above and a User does not respond or otherwise take any other action which evinces its acceptance or refusal of the matters in such notice, EQUI360 may, if it deems appropriate, suspend the Users’ use of the Service, necessary, charging or debiting the Fees from the User.
6.3 In addition to the matters in clause 6.1 above, Users acknowledge and agree that:

they shall not be granted access to or entitled to commence or continue to use the Service until it has paid to EQUI360 the relevant Fees that are payable in respect of such access and in the manner as set out in these Terms of Use or as advised by EQUI360 in any notice it issues to the User;

(b) if EQUI360 requires Users to pay Fees in respect of the use of the Service, such Fees will be payable in monthly advances by direct debit unless otherwise advised by EQUI360;
(c) any paid Fees will not be refunded where the User indicates that it wishes to close or terminate the Account or cease using the Service, for whatever reason;
(d EQUI360 will not refund any Fees in the event that the User does not make use of the Service for whatever reason;
(e) EQUI360 will not refund any portion of the Fees in the event that access to the Service is temporarily suspended from operation for whatever reason;
(f) all payments due and payable to EQUI360 under the Terms of Use must be paid to EQUI360 in fully cleared funds, without setoff or counterclaim.
6.4 Users acknowledge and EQUI360 shall not be liable for any loss or damage, howsoever arising, the User incurs as a result of such exercise.

7. WARRANTIES, DISCLAIMERS AND INDEMNITIES

7.1 Users irrevocably and accept the following in using the Service or Website:

(a) that EQUI360 provides the Service and/or Website, including, but not limited to, any implied warranties or guarantees of acceptable quality, fitness for a particular purpose or non-infringement of third party rights not otherwise disclosed in the Terms of Use;

(b) that to the maximum extent permitted by law, EQUI360 shall not be liable in any circumstances for any loss or damage howsoever incurred by a User as a result of the User using or relying upon the Service in a manner contrary to these Terms of Use;

(c) that to the maximum extent permitted by law, EQUI360 shall not be liable in any circumstances for any loss or damage howsoever incurred by a User as a result of the User’s use of the Service for any commercial purposes, including use of the Service in the course of providing commercial services to a third party for consideration, and the User shall not represent to any third party that the Service has any features, capabilities or otherwise operates at a level contrary to the Terms of Use;

(d) Unless expressly notified otherwise, EQUI360 makes no warranties or representations as to the completeness, reliability, accuracy, validity or currency of any Content, including any Content which incorporates Third-Party Content, and damages suffered as a result of acting in reliance on any Content to the extent beyond which the Service is intended as disclosed by the Terms of Use;

(e) that in providing the Service, EQUI360 reserves the absolute right to revise, alter, redact, modify or remove any Content and Third-Party Content without notice or liability to the User;

(f) that EQUI360 assumes that any Third-Party Content EQUI360 receives will be complete, reliable, accurate, valid and EQUI360 shall not, to the maximum extent permitted by law, be liable in any circumstances for any loss or damage howsoever incurred by the User in relation to any such Content which incorporates Third-Party Content;

(g) In relation to Third-Party Content which are links to or from the Website or Service, EQUI360 should not be treated as having verified or endorsed the content appearing on any website (“Linked Websites”) to which such link relates and/or relying on any content appearing on the Linked Websites;

(h) In relation to the Linked Websites, EQUI360 should not be construed as being affiliated, associated or being in a relationship of sponsorship with any provider, owner, manager or controlled of the Linked Websites unless otherwise notified by EQUI360, and Users must look solely to the provider, owner, manager or controlled of the Linked Websites in respect of any losses or damages incurred by the User in respect of the Linked Websites;

(i) That the use of the Service and EQUI360 shall not be liable in any way for any losses or damages suffered by the User as a result of the User failing to comply with the matters in this clause;

(j) that to the maximum extent permitted by law EQUI360 does not warrant that the Website or the Service will meet the User’s requirements or that the use of the Service will be uninterrupted or error-free including for the reason that EQUI360 may be required to perform Maintenance and reliability of any computer network;

(k) that EQUI360 may provide support services intended to assist a User in using the Service (the “Support Services”), however, any Support Services shall be provided at the sole discretion of EQUI360 and damages it incurs by acting in reliance on the Support Services;

(l) That to the maximum extent permitted by law, EQUI360 is not responsible for any inability or delay in providing the Service for any reason which is outside EQUI360’s immediate control, including the occurrence of a Force Majeure Event, interruption to any telecommunications or data network or any prevention or compulsion by law which was reasonably unforeseeable at the time the User subscribed to the Service, and

(m) that EQUI360 does not warrant that the Service or Website will be available for use free of technical or functional errors, including the presence of “viruses”, “Trojans”, “spyware”, “adware”, “bots” and all claims in respect thereof.

8. INTELLECTUAL PROPERTY

8.1 Users acknowledge and agree in respect of the Content:

(a) all Content is made available for use by the User on a limited, non-transferable and non-exclusive licence from EQUI360 for the purpose of enabling the User to enjoy the benefits of the Service in accordance with the Terms of Use;

(b) the User will only use the Content in connection with the intended purpose and use of the Service as disclosed in these Terms of Use;

(c) EQUI360 retains full and interest to the Content including all Intellectual Property Rights;

(d) the User does not acquire any right, title or interest (including any Intellectual Property Rights) in any Content under any circumstances; and

(e) the User must not copy, license, sell, distribute, communicate to the public, store or reproduce the Content by any means other than as expressly allowed pursuant to the Terms of Use.

8.2 Users acknowledge and agree that EQUI360 does not purport to confer on the User any right, title or interest in any Third-Party Content greater than that which is necessary for the provision of the Service by EQUI360 to the User, nor does EQUI360 purport to possess any right, title or interest in any such Third-Party Content greater than that which EQUI360 otherwise possesses under the Terms of Use or under the general law.

8.3 The User acknowledges and agrees that the mere access or availability of the Third-Party Content to the User in connection with the Service shall not be an inference that EQUI360 has any relationship, affiliation or association with the author of the Third-Party Content.

9. CONFIDENTIALITY

9.1 Each party undertakes to keep confidential any Confidential Information relating to the other and not to use such information or disclose it to any other person, other than as permitted under this clause 9.

9.2 The restriction contained in this clause 9 shall continue to apply for the term of the Terms of Use and for a period of 3 years after the expiry or termination of the Terms of Use.

9.3 Each party may disclose any Confidential relates to the other party to:

(a) any of its directors, employees, advisers and agents who need to know the Confidential Information;

(b) where necessary for the provision of the Services

9.4 Clause 9.1 shall not apply to the disclosure of Confidential Information:

(a) with the consent of the person to whom the information relates; or

(b) if and to the extent:

(i) required by law; or
(ii) required by any competent regulatory authority or recognised stock exchange; or
(iii) that such information is in the public domain other than through breach of this clause.

10. TERMINATION & SUSPENSION

10.1 If at any time a User intends to withdraw from the Service and close its Account. The User shall not be entitled to a refund of any Fees paid to EQUI360 if the User exercises the right in this clause 10.1.

10.2 Users acknowledge and undertakings , or in the event that EQUI360 suspects that the User has or might breach any term or condition of the Terms of Use, or any User is using Services contrary to these Terms of Use. In the event that EQUI360 exercises its rights under this clause 10.2, the User is not entitled to recover from EQUI360 any compensation (including the refund of any Fees paid) or other remedy in respect of any loss or damage (however so arising the User incurs as a result thereof.

10.3 Users acknowledge and such termination shall be deemed to terminate the Terms of Use. For the avoidance of doubt, this obligation in this clause 10.3 survives the termination of the Terms of Use.

10.4 In the event of the occurrence of any Force Majeure Event, the time for performance required by a party under this Terms of Use will be extended for any period during which performance is prevented by the Force Majeure Event.

10.5 Users acknowledge and the exercise of those rights by EQUI360 shall not be a bar to prevent EQUI360 from claiming any losses or damages EQUI360 has suffered, howsoever arising, as a result of the User’s breach of the Terms of Use (whether or not such claim arises pursuant to the Terms of Use or under the general law).

10.6 The parties acknowledge and liabilities that have accrued under the Terms of Use prior to the termination or suspension shall remain unaffected.

11. DISPUTE RESOLUTION

11.1 In the event that a User feels that a dispute, controversy or claim (“Dispute”), arising out of or in connection with the Service or the Terms of Use, including any question regarding its existence, validity or termination, has arisen, the User must comply with the following complaint procedure before commencing any legal proceedings or seeking any other remedy against EQUI360:

(a) the User must first provide full details of the Dispute to EQUI360 by email to such email address as EQUI360 may designate from time to time on the Website or otherwise and

(b) the User shall assist and assesses the nature of the Dispute.

11.2 Users hereby indemnify EQUI360 for all costs associated with dealing with a Dispute if because of the User’s non-compliance with this clause 11, the User has caused EQUI360 to incur costs which it would not have incurred or has incurred to a greater extent than necessary had the User complied with this clause 11.

11.3 To the maximum extent permitted by law, the parties agree that in the event of a Dispute, the User must not commence any court or arbitration proceedings relating to the Dispute until it has complied with clause 11.1 above to attempt to resolve the Dispute.

11.4 Nothing in this clause 11 prejudices the right of either party to seek urgent injunctive, interlocutory or declaratory relief from a court in connection with the Dispute without first having to attempt to resolve the Dispute in accordance with clause 11.1 above.

12. NOTICES

12.1 Subject to section 12.2 below, all notices, demand given by personal service, mail (postage prepaid), by email to the other party’s email address (such email address to be the email address the User provides in the Account) or to be given by such other method as a party may designate to the other party by written notice. A Notice is deemed to be received:

(a) if sent by mail (postage prepaid), 3 business days after posting within Ireland

() if sent by email, at the time indicated on the sender’s email outbox unless the recipient promptly informs the sender that the Notice was incomplete or not properly received, provided that if a Notice to EQUI360 is received by EQUI360 after 5.00pm or on a is not a business day, it will be deemed to have been received by EQUI360 on the next business day.

12.2 Users acknowledge that EQUI360 shall be entitled to issue notices in relation to matters relating to the Service by any of the means described in section 12.1 above and, in the latter case, such notices will be deemed to have been received at the time of sending.

13. MISCELLANEOUS MATTERS

13.1 If, for whatever reason, a court of competent jurisdiction finds any term or condition in the Terms of Use to be unenforceable, all other terms and effect.

13.2 EQUI360 shall not be taken to waive the enforcement of any of its rights, whether for past, future or continuing breaches, under the Terms of Use unless made in writing and for the specific purpose for which it is given.

13.3 Any failure or delay by one party to compel performance by another party of any of the terms and conditions of the Terms of Use does not constitute a waiver of those terms or conditions, nor does it affect or impair the right of the first party to enforce them against the other party at a later time or to pursue remedies it may have for any subsequent breach of those terms or conditions.

13.4 A single or partial exercise or waiver of a right by a party does not preclude any other or further exercise of that right or the exercise of any other right.

13.5 The Terms of Use constitute the entire agreement between the parties in relation to its subject matter, and prior agreements, draft agreements, arrangements, undertakings or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

13.6 Each party acknowledges that in entering into the Terms of Use it is not relying on, and shall have no rights or remedies (whether in tort, under statute or otherwise) in respect of any statements, collateral or other warranties, assurances, undertakings or representations (whether innocently or negligently made) by the other party to the Terms of Use.

13.7 Nothing in the Terms of Use shall exclude or restrict the liability of either party arising out of fraud, fraudulent misrepresentation or fraudulent concealment.

13.8 In the event there is any inconsistency between the Terms of Use and published by EQUI360 (including any “FAQs”), then subject to clause 2.2 of these Terms, the Terms of Use shall prevail.
13.9 A User may not assign, dispose of or otherwise transfer the Terms of Use or any rights or obligations under the Terms of Use without the prior written permission of EQUI360. To the maximum extent permitted by law, EQUI360 may freely assign, dispose of or otherwise transfer the Terms of Use or all or any part or parts of its rights to any third party, and in the event of such assignment or transfer the User undertakes to fulfil all of its obligations under the Terms of Use to such assignee or transferee.

13.10 The Terms of Use shall be construed in accordance with and, the Courts of which shall have jurisdiction in respect of disputes arising out of or related to the use of the Service, the Website or the Terms of Use.