1.1. These terms including the Privacy Policy and any other documents referred to in them set out the terms of use on which you may use the Showing Scene website (“the Website”), whether as a guest, a registered user or a registered event organiser. As well as reading the following Terms of Use to which you have agreed by using this Website, buyers of services (“End Users”). should also refer any terms and conditions of an event organiser (“Organiser”) on the relevant event listing page before placing an order to enter an event listed on the Website (“Events”).
1.2. We may update these Terms of Use (and the documents referred to in them and any aspect of the Website from time to time. Your subsequent use of the Website constitutes acceptance of such updates. You are requested to regularly visit our home page to view the most up to date version of these Terms of Use. If you do not agree to these Terms of Use as updated from time to time then please do not use the Website or any part of it
2.1. In these terms of use:
a) “the website” means the whole website and web platform that is www.showingscene.com.
b) “end users” means a guest or registered user of the website.
c) “organisation(s)” means organisations registered on the website by an end user.
d) “event” means an event made available for entry to end users on the website an organisation.
e) “entry” means the transaction of end user personal data and money between end users and organisations necessary to complete the transaction.
f) “class” means an object an end user can enter for the purpose of competing.
g) “personal data” means potentially identifiable end user information including contact information, family members, emergency contact information and horse information entered by you in the website
h) “you” means the end user, customer, prospective customer or organisation.
i) “partners” means subcontractors and third party companies and organisations used by Showing Scene Ltd
j) “paper entries“ means entries any entry created by an organisation through the paper entry and postal entry sections of the website.
k) “results management“ means the appending, updating and exporting of results through the Live Management and Results sections of the website.
l) “championship management“ means the management of classes that feed in to a championship.
m) “entry management“ means the appending, updating, exporting, withdrawing, changing or refunding of entries.
n) “end user display management“ means the wallboard, results and ringside end user display pages managed by the organisation through the website.
o) “general show management“ means all other functionality not specifically mentions including but not limited to show builder, document management, payment reconcile, administrators and judges card in the website.
p) “email templates” means templates created in the Showing Scene website to be sent to end users and postal users.
q) “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.
r) “send emails” means emails sent to end users and postal users by organisations.
s) “contact preferences” means an end users choice to receive marketing information by any organisation they have made any form of purchase from and Showing Scene Ltd.
t) “order” means any transaction between an end user and an organisation for entry, event extras or membership.
u) “event extras” means any additional product or service available alongside an event.
v) “organisation terms and conditions” means the terms and conditions for the organisation listed the website and accepted during the order.
w) “email confirmation” means the email sent from the website to confirm the goods and services purchased in the transaction.
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.
3.2. We use third party subcontractors (“Partners”). including technology suppliers and payment processing companies to provide to us elements of the Website, the events marketplace provided by it and services connected to it.
4.1. The website offers both end users and organisations;
a) event listing and promotion. Organisers can list events either solely for advertising the event or for end users to view and enter online.
b) end user management. End users are able to store their personal data to use when entering events and making purchases.
c) event entry. End users are able to enter classes and pay required fees for events listed by organisations.
d) 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.
e) membership promotion. Organisations are able to list and promote their memberships on the website.
f) membership purchase. End users are able to purchase organisation memberships and pay any required fees.
g) show management. Organisers are able to manage their show including but not limited to paper entries, results management, championship management, entry management, end user display management and general show management.
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 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.
5.1. When an End User decides to register for and enter an Event or become a member via the Website the resulting legal contract is between the End User and the Organiser. That agreement shall consist of these Terms of Use, the email confirmation of your order and the details on the relevant event listing page. You agree to be bound by all such provisions. As we are not a party to the transaction we shall not bear any express or implied liabilities in connection with the staging of the Event listed by Organisers through the Website.
5.2. Each order by an end user shall be deemed to be an offer by the End User to the Organiser subject to these Terms of Use, the Organisation Terms and Conditions and any applicable details on the event listing page.
5.3. 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 of the order. The agreement between you as End User and an Organiser will relate only to the Event detailed in the email acknowledgement.
5.4. 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 or anything else related to an order.
5.5. If there is an inconsistency between these Terms of Use, the email confirmation of an order or the details on the listing page then these Terms of Use shall prevail to the extent of the inconsistency.
5.6. We cannot give any undertaking that Event services you acquire from Organisers through the Website will be provided with reasonable skill and care and this and any other such warranties (whether express or implied) are disclaimed by us to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against an Organiser.
6.1. When registering with us you represent that:
a) the information you provide to us and/or our Partners or Family Members is accurate, up-to-date and complete;
b) you have read and accepted our Privacy Policy
c) you acknowledge that we may monitor communications made through the Website.
6.2. The Website may only be used for its primary purpose. You remain liable for any inappropriate use of the Website and must refrain from:
a) performing any activity that is unlawful or can reasonably be deemed unethical or unfair;
b) performing any activity that causes the Website to be disrupted or damaged;
c) using any data obtained from our Website without our prior consent;
d) placing links or deep links to the Website without our permission;
e) using any usernames, Event descriptions, comments or messages that are obscene, discriminatory, offensive or interacting in any inappropriate manner;
f) attempting to manipulate transactions or tamper with our systems in any way.
6.3. If you select, or we provide you with, a user id, password or any other security credentials you must treat such information as strictly confidential and not disclose it to anyone. We retain the right to disable any account or security credentials, whether selected by you or provided by us, at any time.
7.1. You will bear liability for all data provided to us or directly transferred from your systems to ours and will hold us harmless against any third party claims regarding, but not limited to, the infringement of Intellectual Property rights, pricing, or other claims that may arise in connection with your listings of, or selling entries to Events via the Website.
7.2. In the course of our business, we may develop materials that contain content provided by you. You grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute and display such Content in whole or in part, including the right to merge and incorporate it into our other works in any form, media or technology now known or later developed.
7.3. It is your responsibility to ensure that the advertising, staging and organisation of an Event listed by you complies with all applicable laws and regulations, including health and safety requirements and that you maintain adequate public liability insurance.
7.4. Any Events listed on the Website must be open and be capable of being entered at the time of listing via the Website. We reserve the right at any time to suspend or withdraw any listing.
7.5. It is your responsibility to ensure that indicated prices include VAT and any applicable taxes. You are responsible for accounting for all taxes due relating to the staging of your Event via our Website.
7.6. By listing your Event on the Website you agree to pay all relevant transaction fees and payment processing charges for any and all entries to your Event sold through the Website.
7.7. Organisers must communicate their refund and cancellation policy to End Users and as applicable issue refunds to End Users.
7.8. In the event of a dispute with an End User you are required to take all reasonable steps to resolve the matter directly. You agree to produce all documentary evidence that you have fulfilled your responsibilities to End Users if asked to do so by us. You agree to be bound by our decision if we adjudge that you have failed to carry out your obligations to any End User.
a. All graphical representations and descriptions of Events listed by Organisers, as well as any applicable warranties, whether express or implied, shall be solely binding upon them.
b. Any rebates and cancellations shall be subject to the Organisers’ terms and conditions, which you must check and accept when placing an order via the Website. Any refunds must be directly arranged with the Organiser.
c. In the event of a dispute with an Organiser, you are required to take all reasonable steps to resolve the matter directly with the Organiser.
a. Organisers and End Users effect the applicable monetary payment transaction through our third party payment processing company Stripe. Organisers and End Users are bound by the applicable terms of use by our nominated third party payment processing company from time to time.https://stripe.com/gb/terms
b. All refunds are governed by the Organiser’s refund policy. End Users should check an Organiser’s refund and event cancellation policy before entering an Event via the Website. If applicable an End User must request any refund directly from an Organiser. All disputes regarding refunds are between the Organiser and Buyer. We are not responsible or liable in any way for refunds or mistakes in relation to refunds.
c. The collection of entry fees for Events via the Website will be processed by our third party payment processing company. End Users will not be charged for using this website. Organisations will be charged 8% of the total transaction value unless agreed otherwise in writing.
a. All Intellectual Property rights including, but not limited to, copyright, trademarks, images and descriptions appearing on the listings page belong either to us or the respective Organiser as applicable. You may not reproduce, copy, distribute or re-use such materials unless expressly authorised by the relevant rights owner.
b. If you believe that any listings infringe or are likely to infringe your or third parties’ intellectual property rights, you are encouraged to contact us by email at contact@showingscene.com with a short description of the grounds on which the alleged infringement is based.
We collect, store, transfer, process and where applicable share data collected from persons who visit the Website and from End Users and Organisers in the course of our operations in accordance with our Privacy Policy.
a. 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.
b. 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.
c. 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 us 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.
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.
We reserve the right to suspend or terminate your account without notice if: i. you are in breach of these Terms of Use; ii. 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; iii. 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 in the course of your activities on the Website.
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 sometimes 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 acts of God, any form of government intervention, war, hostilities, terrorist activity, local or national emergency, strikes and other industrial action, fuel shortages, sabotage or riots, and floods, fires, severe weather, explosions or other catastrophes, 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.
A failure or delay in exercising any right or remedy we may have under these Terms of Use shall not constitute a waiver of that right or remedy. A single or partial exercise of any right or remedy shall not prevent the further exercise of that right or remedy. A waiver of a breach of these Terms of Use shall not constitute a waiver of any other breach
These Terms of Use and any documents expressly referred to in them are the entire agreement between us, and replace all previous agreements and understandings between us, relating to its subject matter. We each agree that no representations, warranties, undertakings or promises have been expressly or impliedly given other than those which are expressly stated in these Terms of use. Neither of us shall have any remedy in respect of any statement (save for fraudulent misstatements. not set out in these Terms of Use on which it relied in agreeing to these Terms of Use.
Nothing in these Terms of Use shall be construed to create a partnership, joint venture or agency relationship.
Contracts for the entry to Events through the Website, these Terms of Use and any non-contractual obligations shall all be governed English law. Any disputes shall be subject to the exclusive jurisdiction of the courts of England.