1.3 Organisations and/or Organisation Administrators warrant that;
a) They have legal power and authority to enter into this Agreement, and doing so will not violate any other agreement to which it is a party
b) They are over the age of 18 unless issued an Access Level of event steward in which case the minimum age is 16 years old.
a) “Access Level” means the setting given to an Administrator controlling the amount of The Website, the Personal Data and Organisation data they have access to.
b) “Administrator” means an End User that has either created an Organisation or has been given Administrator privileges over an Organisation by another Administrator.
c) “Championship Management“ means the management of Classes that feed in to a championship.
d) “Class” means an object an End User can enter for the purpose of competing.
e) “Contact Preferences” means an End Users choice to receive or not receive marketing information from any Organisation they have made any form of purchase from including Showing Scene Ltd.
f) “Email Confirmation” means the email sent from The Website to confirm the goods and services purchased in the transaction.
g) “Integrated Email” means integration between The Website and Mail Chimp allowing for marketing and none Marketing Emails to be sent to End Users and Postal Users.
h) “End User” means a guest or registered user of The Website.
i) “End User Display Management“ means the wallboard, results and ringside End User display pages managed by the Organisation through The Website.
j) “Entry” means the transaction of End User Personal Data and money between End Users and Organisations necessary to complete a transaction.
k) “Entry Management“ means the appending, updating, exporting, withdrawing, changing or refunding of entries.
l) “Event” means a collection of classes scheduled to take place at a place and time and made available for Entry to End Users on The Website by an Organisation.
m) “Event Extras” means any additional product or service available alongside an Event.
n) "Force Majeure Event" means an Event, or a series of related Events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
o) “GDPR” means General Data Protection Regulation.
p) “General Show Management“ means all other functionality not specifically mentions including but not limited to show builder and document management in The Website.
q) “Judge” means the personally identifiable data of a person who may or may not be involved with the running of an Event in any capacity including but not limited to the placement of class results.
r) “Judges card” means a list of Judges information created by the organiser to be used for Judge Assignment to Classes.
s) “Listings” means the advertisement of an event on The Website without the ability to take entries or use any other Organisation functionality for that show.
t) “Marketing Emails” means any email sent to an End User or Postal user that is not required to fulfil their obligations relating to the service of an order and could be interpreted as a promotion of the Organisation, an Event or any third party.
v) “Membership” means the item created by the Organisation for End Users to purchase to become a Member.
w) “Order” means any transaction between an End User and an Organisation for Entry, Event Extras or Membership.
x) “Organisation” means the registration of a company, association, sole trader or charity on the Web Site for the purpose or using The Website commercially and/or for the purpose for which it was intended.
y) “Organisation Terms and Conditions” means the terms and conditions for the Organisation listed on The Website and accepted during any Order.
z) “Organisation Transition Fee” means the fee paid by the Organisation to Showing Scene per Order for use on The Website.
aa) “Paper Entries“ means any Entry created by an Organisation through the paper Entry and postal Entry sections of The Website including Personal Data.
bb) “Partners” means subcontractors and third-party companies and Organisations used by Showing Scene Ltd.
cc) “Personal Data” means potentially identifiable End User information entered by them on The Website and potentially identifiable Postal User information entered by the Organisation. Personal Data includes but is not limited to; contact information, family Members, emergency contact information, past Entry History, Class Results and horse information.
dd) “Postal Users” means a person’s information entered in to the system by an Organisation, these could include but not be limited to postal entries, Paper Entries and postal Memberships.
ee) “Payment Reconcile “ means a reporting function that produces a set of pages allowing the Organisation view payment information including estimated fees for the purpose of bank reconciliation among others.
ff) “Results Management“ means the appending, updating and exporting of results through the Live Management and Results sections of The Website.
gg) “Support Issue” means any event, error or omission within The Website that either an End User, Organisation or Organisation Administrator encounters that would not be expected during regular use.
hh) “The Website” means the whole website and web platform that is www.showingscene.com.
ii) “Website Embeds” means code provided to the Organisation from The Website allowing for their upcoming shows and available Memberships to be displayed on their website.
jj) “You” having the same meaning as “Your” means the End User, customer, prospective customer or Organisation.
3.1 The Website is owned and operated by Showing Scene Ltd, a company registered in England under company number 10922486. Our registered office address is Ground Floor Building A Green Court, Truro Business Park, Threemilestone, Truro, Cornwall, United Kingdom, TR4 9LF. Our up to date trading address and contact details can be found on The Website.
3.2 Through The Website, Showing Scene provides Organisers a platform to build, manage, promote, sell Event Extras, receive online entries for equine events and other management functions. The Website also provides a platform for the creation, sale, promotion , management of Memberships and other functions.
4.1 The Website offers both End Users and Organisations;
a) Event Listing and promotion. Organisers can advertise Events or for End Users to view and Enter online.
b) Event Entry. End Users can enter Classes and pay required fees for Events advertised by Organisations.
c) Event extra purchases. End users are able purchase Event Extras made available by Organisations, these include but are not limited to first aid contribution, stables, electric hook-ups, horse feed and horse bedding.
d) Paper Entries. Organisers can add and manage Paper Entries, Event Extra Purchases and Memberships for persons who have not completed the transaction through The Website.
e) Membership promotion. Organisations can list and promote their Memberships on The Website.
f) Membership purchase. End Users can purchase Organisation Memberships and pay any required fees.
g) General Show Management. Organisers can manage their show including but not limited to Paper Entries, Results Management, Championship Management, Entry Management, End User Display Management and General Show Management.
h) Integrated Email. Organisers can use our Integrated Email along with a valid Mail Chimp account to send marketing and none Marketing Emails to End Users and Postal Users.
i) Judges card. Organisers can create a Judges card for Judge assignment.
j) Administrators. Organisers can add and manage other Administrators of the Organisation.
k) Website Embeds. Organisers can use our Website Imbed function to display their upcoming shows and Memberships available on their website.
l) Listings. Organisers can list shows subject to the terms and payments within this document for promotional purposes.
4.2 The Website is a marketplace website that facilitates the online advertisement and promotion of equestrian Events and Organisation Memberships. The Website allows prospective entrants and Organisation Members to view Events and Memberships allowing them to enter Events and purchase Organisation Memberships. It also allows Organisations to manage Membership schemes and for End Users to become Members.
4.3 Access to The Website is permitted on a temporary basis, and we reserve the right to withdraw or amend The Website and the services provided through it without notice. We will not be liable if for any reason The Website is unavailable for any period.
4.4 We use third party Partners including technology, suppliers and payment processing companies to provide to us elements of The Website.
4.5 Administrators of an Organisation with any Access Level other than Event Steward must be at least 18 years of age.
5.2 As we are not a party to the transaction we shall not bear any express or implied liabilities in connection with the staging and or managing of an Event advertised by Organisers through The Website, the sale and management of Organisation Memberships or the sale/purchase of any Event Extras.
5.4 No Order shall be deemed accepted by the Organiser until we in our capacity as the disclosed commercial agent of the Organiser issue an email acknowledgement (Email Confirmation) of the Order. The agreement between You as an Organiser and the End User will relate only to the Order detailed in the email acknowledgement.
5.5 The contract for any Order is strictly between the End User and the Organiser. We are not responsible for the information provided by Organisers, the promotion, Organisation, production and staging of an Event and/or Membership or anything else related to an Order.
6.1 In the creation and advertisement of Memberships Organisations undertake;
a) To have clear, concise and up to date Organisation Terms and Conditions published on The Website which must include but not be limited to;
I. Services offers through the Membership
II. Member obligations
III. Organisation obligations
IV. Refund Policy(s)
b) To ensure that any advertisement and/or representation of Membership is not misleading.
6.2 In the management of Memberships Organisations undertake;
a) To be bound by the Organisations Terms and Conditions
b) To be bound by all relevant laws in the country from which the Order is completed
c) To ensure that Memberships are managed with due care and skill
d) To respond to any and all questions made by End Users in a timely fashion
6.3 We reserve the right to withdraw any Membership from The Website resulting in the prevention of End Users from purchasing at any time.
7.1 In the creation and advertisement of Events Organisations undertake;
a) To have clear, concise and up to date Organisation Terms and Conditions published on The Website which include but not be limited to;
I. Services offers through the Event
II. Member obligations
III. Organisation obligations
IV. Refund Policy(s)
V. Event cancelation policy(s)
b) To ensure that any advertisement and/or representation of an Event is not misleading.
7.2 In the management of Events Organisations undertake;
a) To be bound by the Organisations Terms and Conditions
b) To be bound by all relevant laws in the country from which the Order is completed
c) To ensure that Events are ran and managed with due care and skill
d) To respond to any and all questions made by End Users in a timely fashion
7.3 We reserve the right to withdraw any Event from The Website resulting in the prevention of End Users from purchasing at any time.
8.3 End user data shared with Organisations will be appended with any update the End User makes on The Website until the service is no longer active/valid/relevant, this will be either the expiry of the Membership or the ending of an Event.
8.4 Organisations undertake not to share any End User data with any person and/or Organisation without the express consent of the End User.
8.5 Organisations undertake to have gained the express consent of any person(s) who’s Personal Data is stored on The Website. This includes but is not limited to;
a) Postal Members
b) Postal Users
e) Event Organisers
8.6 Organisations undertake to only collect store, transfer, process and where applicable share data in accordance with;
d) Any applicable Laws
8.7 Organisations undertake to adhere to the GDPR (General Data Protection Regulation) rules which set out Individuals (End Users and Postal Users) rights which include but are not limited to;
a) Right to be informed
b) Right of access
c) Right to rectification
d) Right to erasure
e) Right to restrict processing
f) Right to data portability
g) Right to object
h) Rights related to automated decision making including profiling
8.8 We undertake to give any reasonable help and assistance to Organisers in fulfilling their obligations to the Individual(s) (End Users and Postal Users) rights under GDPR.
8.9 Organisations will bear full liability for all data provided to us and/or that we subsequently use, display or process. Organisations indemnify us against any third party claim that may arise from including but not limited to;
a) Any inaccurate data
b) The infringement of Intellectual Property rights
9.1 Organisations and/or Organisation Administrators appoint Administrators who are authorised to manage, access, update and amend aspects of the Organisation on The Website subject to their Access Level, including but not limited to;
a) Organisation contact information
b) Organisation general information
c) End User data
d) Postal User Data
9.2 Organisations agree that;
a) The appointment and removal of Administrators is the responsibility of the Organisation.
b) Showing Scene accepts no liability for any claim arising of any such access by an appointed Administrator of an Organisation.
d) They understand and have considered the Access Level assigned to each Administrator and that that Access Level is correct for the function they are preforming.
10.1 Organisation agree that it is their responsibility to deal with any questions relating to an Event, Membership or other service they may offer through The Website.
10.2 Organisation agree that any questions raised specifically about an Event, Membership or other service they may offer with the Showing Scene support team will be passed on to one or more Administrators of that Organisation for them to answer.
10.3 Organisation agree that they will provide support to their current and any possible future entrants and Members in answering questions about the use of the site where possible.
10.4 The Organisation agrees to forward to email@example.com, any question, problem or comment raised to them by an End User where they believe the cause is a result of an error, fault or omission within The Website.
11.1 Showing Scene will provide reasonable training and training material to the Organisers required for them to carry out their role as an Event Organiser and associated services.
11.2 Training is any request and/or need for information, help or advice for a matter that is not a Support Issue.
11.3 Training and training materials provided will be in the format of;
a) Tutorial Videos hosted on YouTube
b) Help pages relating to the page the Administrator is viewing
c) Info Buttons containing information specific to one field or section of a page
d) One to One training limited to reasonable amounts provided either by
I. Email communication to firstname.lastname@example.org and/or
II. Telephone communication to 01872 672446
11.4 Showing Scene will provide all training and training material with reasonable skill and care.
12.1 Support for The Website and the Organisation will be provided by the Showing Scene support team.
12.2 Support Issues as described in 2.1.ii and not Training.
12.3 Showing Scene will provide support services with reasonable care and skill.
12.4 Showing Scene shall use all reasonable endeavours to respond to requests relating to Support Issues promptly, and in any case in accordance with the following time periods;
a) Critical: 1 Business Hour
b) Serious: 4 Business Hours
c) Moderate: 1 Business Day
d) Minor: 5 Business Days
12.5 Showing Scene shall ensure that its response to a request for Support Issues shall include the following information (to the extent such information is relevant to the request);
a) An acknowledgement of receipt of the request
b) Where practicable an initial diagnosis in relation to any reported error
c) An anticipated timetable for action in relation to the request.
12.6 The Developer shall use all reasonable endeavours to resolve issues raised through the Support Services promptly, and in any case in accordance with the following time periods;
a) Critical: 8 Business Hours
b) Serious: 2 Business Days
c) Moderate: 10 Business Days
d) Minor: 20 Business Days
13.1 The Website provides Integrated Email through Mail Chimp, a third party technology provider, to facilitate the creation and sending of marketing and none Marketing Emails to End Users and Postal Users.
13.2 Organisations wishing to use this service agree to create an account with Mail Chimp and link it to their Organisation in The Website.
13.4 End users will be asked for their consent to receive Marketing Emails from Organisations and Showing Scene as part of the Order process.
13.5 End users have the ability and right to change their Contact Preferences for emails at any time through The Website.
13.6 When entering a Postal User the Administrator has the ability to ‘opt in’ that Postal User for Marketing Emails. The Organisation warrants that they have the express permission on the Postal User to do so.
13.7 Organisations undertake not to send any Marketing Emails through the Integrated Email or any other platform without the End User and/or Postal Users express consent. This does not effect Your right to send none Marketing Emails for the purpose of fulfilling Your obligations in relation to an Order.
14.1 Code enabling Website Embeds for Events is provided through The Website.
14.2 The Website Imbed when integrated to a Website will display either;
a) The list of Upcoming Events (if any) for that Organisation currently advertised on The Website.
b) The list of Memberships (if any) for that Organisation currently advertised on The Website.
14.3 Installation and maintenance of the code enabling The Website Imbed is the responsibility or the Organisation.
14.4 The Organisation is responsible for the accuracy of all content on The Website Imbed just as on The Website.
14.5 We cannot guarantee The Website Embeds will be available and bug free.
15.1 The Website allows organisers to advertise events without any other functionality of The Website being available including but not limited to;
a) Show Builder
b) Online Entries
c) Live Management and Results
d) Paper Entries
e) Integrated Email
f) Event Website Imbed
15.2 The Organisation will be charged at the point of making the Listing live and visible on The Website.
15.3 The price of the Listing will be shown during the checkout and payment process and may change from time to time.
16.1 In order for Organisations to advertise an Event or Membership on The Website they are required to create (if one is not already created for the Organisation) an account with Stripe.
16.3 Stripe charge a transaction fee for all payments processed. The Organisation should refer to Stripe’s terms and conditions for details.
16.4 Showing Scene does not hold any client money at any time. All payments are sent directly from the payment provider to the Organisation.
16.5 Showing Scene Ltd will not charge the End User a booking or Entry fee. All prices shown to End Users on The Website are the price set by the Organisation and have not been altered in any way by Showing Scene Ltd.
16.6 Showing Scene charges the Organisation a transaction fee (Organisation Transition Fee). Our standard Organisation Transaction Fee is 8% unless agreed otherwise in writing. Organisation Transaction Fees are paid directly to Showing Scene Ltd.
16.7 Any applicable fees to the transaction will be deducted from the transaction value at the time of payment, including but not limited to;
a) Our Organisation Transaction Fee
b) Any Applicable Stripe fees
16.8 Funds will be received by the Organisation as per the Terms and Conditions of Stripe. Funds received will be the transaction value less any Stripe fees and our Organisation Transition Fee.
16.9 All Orders are deemed as completed and paid following the receipt of our Order Email Confirmation not on funds being received by the Organisation.
16.10 The Website provides Payment Reconcile.
a) The Payment Reconcile uses estimated Stripe fees and therefore should only be used as reference.
b) Exact reconcile information can be obtained from the Stripe website.
16.11 It is the Organisations responsibility to ensure that prices include VAT and any applicable taxes. Showing Scene do not hold any responsibility for any such liability’s.
17.1 All refunds and cancelations are governed by the Organiser’s refund and cancelation policy.
17.2 Any Order forms an agreement between the End User and the Organiser and the Organisations refund and cancelation policy should be followed.
17.3 Showing Scene will not issue any Refunds on the Organisations behalf without consent from an Administrator of the Organisation.
17.4 Showing Scene accepts no liability to the extent permitted by law for any refunds it issues as agreed with an Administrator of the Organisation, this includes but is not limited to;
a) Any dispute that arises as a result of the refund
b) Any loss of Stripe fees
c) Any loss of our Organisation Transition Fee
17.5 The Organiser warrants to deal with any request to refund from an End User promptly and in line with the Organisation Terms and Conditions and any applicable law for the country in which the transaction took place.
17.6 Refunds can be made by the Organisation either by
a) Following the refund process within The Website or
b) Following the refund process within the Stripe website
17.7 Full Refunds (the whole Entry /Membership charge not the whole transaction amount) processed within The Website will have our Organisation Transaction Fee taken for that individual Order (not the whole Order if multiple Entries/Memberships were made) refunded also.
17.8 Partial Refunds (a partial amount of an Entry/Membership) processed within The Website will not have any element of our Organisation Transaction Fee refunded.
17.9 Any refund made within the Stripe website will not have any element on our Organisation Transaction Fee refunded.
17.10 Any refund made within the Stripe Website will not result in that Entry, Membership, Event Extra Purchase or any other product being cancelled, amended or changed in any way on The Website.
17.11 Organisations should refer to Strips terms and conditions for their policy on the refund of Stripe transaction fees and any additional charges that might be imposed.
17.12 Any refund made within the Stripe Website may result in discrepancies on our Payment Reconcile.
17.13 The Organisation should respond to the request in line with their Organisation Terms and Conditions.
17.14 In the Event of a dispute with an End User You are required to take all reasonable steps to resolve the matter directly with the End User.
18.1 We reserve the right to suspend or terminate Your account without notice if:
b) Your conduct is in any way detrimental to the quality of our Website or results in unacceptable frequency of complaints, disputes, claims, chargebacks or other liabilities
c) The Organisation becomes insolvent or is unable to meet its liability’s as they fall due
d) You fail to provide us with information regarding Your business activities that may be requested from time to time. The termination of Your relationship with us shall not release You from any obligations assumed during Your activities on The Website
e) We give 30 days’ notice of termination or suspension
18.2 Organisations will be deemed to have terminated their account with Showing Scene when all of the following have been completed;
a) All Events and Shows have been removed from The Website and not available for End Users to interact with, enter, purchase or manage.
b) All Events that have had Entries from End Users have either;
I. Taken place or
II. Entries have been refunded through The Website
c) Notice is given by all Administrators to be removed from the Organisation.
19.1 Each party shall retain exclusive ownership of Intellectual Property created, authored, or invented by it prior to the commencement of the Services. If you provide Showing Scene with your pre-existing Intellectual Property (Organisation IP), then you hereby grant to Showing Scene, during the term of service, a limited, worldwide, non-transferable, royalty-free, right and license (with right of sub-license where required to perform the Services) to use the Organisation IP solely for the purpose of providing the Services. You represent and warrant that you have all rights in the Organisation IP necessary to grant this license, and that Showing Scene’s use of such Customer IP shall not infringe on the Intellectual Property rights of any third party.
19.2 Unless otherwise specifically stated and excluding any Organisation IP, Showing Scene shall own all Intellectual Property created as part of providing the Services. Unless otherwise specifically stated in writing, and subject to your payment in full for the applicable Services, Showing Scene grants to you a limited, non-exclusive, non-transferable, royalty-free right and license (without the right to sublicense) to use any Intellectual Property created through The Website, and during the term of the agreement any Intellectual Property (excluding any Third Party Software and any Open Source Software), provided to you by Showing Scene as part of the Services for your internal use as necessary for you to enjoy the benefit of the Services.
20.1 This Website is provided on an “as is” basis. We do not represent or warrant that it will be error-free, uninterrupted, free from third party attacks or otherwise available at all times to meet Your requirements.
20.2 We make no representations or warranties of any kind, whether statutory, express or implied, that the information, content, materials or Events made available to You through The Website will be as represented by Organisers, fit for a particular purpose or use, available at the time of listing, compliant with applicable regulations, free from intellectual property infringement or that Organisers and End Users will perform as they have agreed.
20.3 Where a dispute arises out of End User’s and Organiser’s activity on The Website, each party expressly agrees to waive any subsidiary or recourse claims against Showing Scene and our Partners and further agrees to hold us and our Partners harmless from any claims that may be in any way connected with such dispute.
21.1 To the fullest extent permissible under applicable law, we exclude liability for damages of any kind arising from the use of this Website including, without limitation, direct or indirect loss, punitive damages, loss of profits, loss of business, loss of data and any consequential loss. For the avoidance of doubt, we do not exclude our liability for death, personal injury or any liability that cannot be limited or excluded by law.
22.1 There may be Events outside of our control that prevent or delay us or our Partners from carrying out their respective obligations. These types of Events are referred to as “Force Majeure Events”. This means an Event beyond a person’s reasonable control which is not attributable to that person’s fault or negligence, including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars and any other Event beyond that person’s reasonable control. Neither we, our Partners shall be responsible for any failure to carry out any of our respective duties to the extent that the failure is caused by a Force Majeure Event, and we may suspend performance of any of our obligations for the period that the relevant Force Majeure circumstances continue.
23.2 No breach of any provision of this Agreement will be waived except with the express written consent of the party not in breach.
23.3 No waiver of any breach of any provision of this Agreement shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of this Agreement.
24.1 The main body of this Agreement and the Schedules shall constitute the entire agreement between the parties in relation to the subject matter of this Agreement, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
24.2 Neither party will have any remedy in respect of any misrepresentation (whether written or oral) made to it upon which it relied in entering into this Agreement.
26.1 This Agreement shall be governed by and construed in accordance with English law.
26.2 Any disputes relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of England.