Terms & Conditions 2019-03-27T07:40:20+00:00

Terms of Use

The following terms and conditions (the “Terms of Use) relate to the online platform operated by Eaglesite) called “EQUI360” at http://www.EQUI360.com (the “Website”) which provides a range of services and information relating to thoroughbreds (and related matters) and allows users to access various features and services offered via the Website (the “Service” as further defined below).
Use of the Service and maintenance of an Account is governed by these Terms of Use and the Terms of Use must be accepted prior to first use of the Service. These Terms of Use include 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 all intellectual and industrial property rights subsisting in any part of the universe in any and all media (whether now known or created in the future) including, without limitation, rights in the nature of copyright, registered design or other design right, trade mark, patent rights, circuit layout rights, trade secrets 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 includes any employee of such person or entity, and any person who that person or entity allows to use the Service 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 services, including, without limitation the Website, the Content and/or Third-Party Content, provided by EQUI360 from time to time via web sites, web applications and social media platforms (including the Website) and as further described in clause 3 below; 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/or which EQUI360 uses in providing the Serviceand 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 references to any legislation or legislative provision will include modifying, consolidating, or replacing legislation or legislative provisions and references to a statute will include all regulations, proclamations, ordinances and by-laws issued under that statute.
In these Terms of Use, references to the words “including” and “includes” and similar words are not words of limitation, references to a person includes any other entity recognised by law and references to the singular include the plural and vice versa. Headings are included for convenience and ease of reference only 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 the User acknowledges and warrants that the User has read and understood the Terms of Use.

2.2 Users acknowledge that if there is any conflict between the terms and conditions in these Terms of Use 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 absolute discretion, revise the Terms of Use (including the Policies). EQUI360 will post a notice on the Website whenever it revises the Terms of Use (“Notice of Change”). Users agree that by continuing to use the Service following the Notice of Change, the User shall be deemed to have accepted any such revision. It is the User’s responsibility to review the Terms of Use periodically and if at any time the User finds any revision to the Terms of Use to be unacceptable, in whole or in part, the User should not continue to use the Service 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/or supplies wagering to any other person, which includes any related services and any betting activity (a “Wagering Operator”), is not entitled to be and must not be a User and must not access or use Content. A Wagering Operator any person or entity of any kind that EQUI360 deems to be a Wagering Operator and will include, without limitation, any totalizer operator, any bookmaker or any operator of a betting exchange or other facility of any kind that enables, facilitates, aids, assists, makes possible, allows, permits or supports in any way at all the making or matching of bets or wagers. Any person who becomes a User in breach of this Term or who purports to do so, shall be deemed to be engaging in fraudulent, misleading and deceptive conduct and in addition to any other liability accruing under these Terms shall be held fully responsible, liable and accountable at law and otherwise in that regard.

Users must be over the age of 18 years of age.
Notwithstanding, and in addition to, any other term or conditions of these Terms of Use, EQUI360 unconditionally reserves the right to refuse, cancel, terminate or suspend a User or any person purporting to be entitled to be or become a User, or to the benefits of or associated with Usership, for any reason or reasons whatsoever and at any time, and 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 is provided by EQUI360, to Users, in accordance with these Terms of Use. EQUI360 retains the sole and absolute right to terminate any Account and prevent any access 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 track news, information and opinions (being part of the Content available via the Service) relating to particular thoroughbreds or race horses, including their biography, race history, race results and other statistics, and to connect with Users

4. User ACCOUNTS

4.1 Users agree and undertake that when establishing and whilst maintaining an Account, the User will provide all the information required by EQUI360 to enable the User to operate and maintain the Account.

4.2 By subscribing to the Service and establishing an Account, the User irrevocably and unconditionally agrees to abide by the terms and conditions of the Terms of Use and acknowledges 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 will be accurate, reliable, true 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 liability to the User, in the event that any such information, as determined by EQUI360 in its sole and absolute discretion, violates the Terms of Use, or if EQUI360 deems it is appropriate to edit or delete such material pending investigation of any such violation; and

EQUI360 reserves the right to suspend or terminate any Account, without notice and liability to any User, in the event that the User to which the Account relates has violated the Terms of Use in any respect, as determined by EQUI360 at its sole 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 understood the content of the Terms of Use and accepts that it comprises a binding, legal agreement between the User and EQUI360 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 powers to enter into the Terms of Use, 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 regulation concerning and governing gaming and the horse racing 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 brand or reputation of EQUI360 or which might bring EQUI360 or any related entity of EQUI360 into disrepute, contempt, scandal or ridicule;

that it is their sole responsibility to exercise their own judgment and/or to obtain independent verification or advice before relying upon any Content or Third-Party Content available via the Service, including, without limitation, in circumstances where loss or damage may result, howsoever arising, 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 any other monies due to EQUI360 as 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 will comply with any other terms 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 EQUI360 disclaims any responsibility 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 information as the User at the relevant time, would not have relied on the Service due to any suspected reliability or validity issues affecting the Service (whether wholly or part thereof) for any reason; 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 agree to be responsible for all losses and damages which the User incurs, howsoever incurred 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 expenses caused by or arising out of any infringement or breach of the representations and warranties set out in clause 5.1 above or that arises under clause 5.2 above, or any other breach by User of these Terms of Use, howsoever incurred and whether incurred directly or indirectly, including losses and damages of its officers, employees, agents, partners and other third parties who could be reasonably expected to suffer loss and damage as a result of such acts

5.4 In addition to clauses 5.2 and 5.3 above, Users acknowledge and agree that if they do any acts or aid, abet, encourage or facilitate another person to do acts in contravention of the matters in clause 5.1 above, the User itself shall be liable to indemnify EQUI360 for all losses and damages which EQUI360 incurs, howsoever incurred and whether incurred directly or indirectly, including losses and damages of its officers, employees, agents, partners and other third parties who could be reasonably expected to suffer loss 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 agree that EQUI360 may at any time introduce, charge or vary any Fees relating to the provision and use of the Service by UsersEQUI360 will provide at least one (1) month notice to Users, using of any proposed introduction or variation of any Fees in respect of the provision of the Service to Users and the User will be deemed to have accepted such Fees if it does not notify EQUI360to the contrary or cancel its Account 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/or use of the Service and such Fees must be paid by the time 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 accept that should the Fees not be paid on time, EQUI360 reserves the right to suspend or terminate the User’s Account and suspend the provision of the Service to the User without notice to the User until any arrears have been received by EQUI360. For the avoidance of doubt, EQUI360 may exercise any other right under these Terms of Use at any time if the Account Fees are in arrears after seven (7) days of the date on which they are payable to EQUI360 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 unconditionally acknowledge and accept the following in using the Service or Website:

(a) that EQUI360 provides the Service and Website on a purely ‘as is’ basis without warranty of any kind and, to the maximum extent permitted by law, EQUI360 expressly disclaims any and all liability and any warranties or guarantees, expressed or implied, regarding 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 the User bears all losses 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 current, and that such Third-Party Content contains no 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 or the tendency of preventing a third party from fulfilling their legal obligations, 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 it is the sole responsibility of Users to exercise their own judgment when navigating to 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 Website may require the User to comply with various technical requirements, including any hardware, software and firmware requirements, use of modem browser technology to access the internet, an active Internet connection, the configuration of Internet browser settings or allowing the use of “cookies” or “flash” content, and it is the User’s responsibility to ensure that it complies with any and all such technical requirements, 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 because the use of the Service may depend on the availability 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 it is the User’s sole responsibility to assess and review whether the Support Services are suitable for its purposes such that the User shall bear all the costs 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 to the extent such inability or delay is attributable solely to the acts or omissions of the User (including causes attributable to a Compatible Device or any electronics device required to operate a Compatible Device), EQUI360 shall not be taken to have breached the Terms of Use in respect of such inability or delay; 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 other similarly harmful computer effects, and any losses or damages the User suffers as a result thereof, or because EQUI360 has chosen to temporarily or permanently suspend operation of the Services, or the Website, is a risk borne by the User and the User releases EQUI360 from any 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 complete title 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 terminate the Terms of Use, it must give notice of such to EQUI360 and/or utilise any feature on the Service conducive to such withdrawal and termination. For the avoidance of doubt, the User may communicate its notice in this clause 10.1 in any manner allowed by EQUI360 for receiving notices. Furthermore, the User must take immediate steps to cease using 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 accept that EQUI360 may terminate or suspend the provision of the Service to a User, including the cancellation of the User’s Account and/or the prevention of the User from accessing the Service, if the User breaches any term or condition of the Terms of Use, including any of the warranties 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 accept that should its use of the Service be terminated in accordance with clause 10.2 above or pursuant to any other right EQUI360 may have under the general law or pursuant to this Terms of Use, it must not subscribe for another Account or continue to use the Service 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 accept that EQUI360’s rights under this clause 10 in addition to any other rights of termination or suspension it may have in the Terms of Use and under the general law, 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 agree that notwithstanding anything in the Terms of Use that regulates the termination or suspension of the provision of the Services, any rights, obligations 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 by mail by registered post and allow EQUI360 a reasonable amount of time to investigate the Dispute before providing a written response; and

(b) the User shall assist and cooperate with EQUI360 during the period whenEQUI360 investigates 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, demands, consents or other communications required or permitted to be given under the Terms of Use must be in writing and signed by an authorised signatory (“Notice”) and 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 to an Irish address or 12 business days after posting by airmail in any other case; and

() 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/or by means of notices sent via the Service 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 conditions will remain unaffected and in full force 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 signed by an authorised representative of EQUI360 and is only effective in the specific instance 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 replace 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 any other information appearing on the Website, or any other material accessible, available or observable on the Website 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 governed by the laws of the Republic of Ireland, 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.

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This Is A Custom Widget

This Sliding Bar can be switched on or off in theme options, and can take any widget you throw at it or even fill it with your custom HTML Code. Its perfect for grabbing the attention of your viewers. Choose between 1, 2, 3 or 4 columns, set the background color, widget divider color, activate transparency, a top border or fully disable it on desktop and mobile.