Terms of Services
Please review this essential legal information that regulates your use of HorseMarket.ae, an independent online classified platform for horse trading and related services.
March 15, 2024 (the “Effective Date”)
By using www.horsemarket.ae (collectively, the “Website”), you confirm that you have read, understood, and accept these terms of use (“Terms”) as the terms which govern your access to and use of the Website and the Service, and you agree to comply with them. If you do not accept or agree to comply with these Terms, you must not use this Website. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at our sole discretion.
These Terms are made between Horsemarket.ae (“we”, “us”, “our”, as applicable) and you (“you” or the “User” or “buyer” or “seller”).
In these Terms, we use various defined terms. This is what they mean:
“Register” means to create an Account on the website, and “Registration” means the action of creating an Account.
“Registration Details” – the details a User must provide upon registering for the Website from time to time (for example: name, phone numbers, email address, age and/or address).
“Account” means your account with Horsemarket.ae.
“Service” – the provision of the Website and the Product.
“Buyer” means a user who is browsing the website, searching for any product or service on the website, and/or who contacts another user with the intention to purchase any product or service offered by them.
“Seller” means a user who uploads any User Content on the website with the intention of selling or offering any product or service to other users.
“Transaction” refers to the act of a seller on HorseMarket.ae making a payment to sponsor listings.
“User Content” means any listings, posts, offerings, ads, user generated content, directory information, business information, messages between users, including without limitation e-mails or chats or other means of electronic communication, reviews, opinions, advice, ratings, discussions, comments, survey responses, and other communications whether generated on or through the website or Other Platforms, including any files, images, photos, video, sounds, musical works and other content or any other similar materials.
“Listing” refers to the act of posting or publishing content on HorseMarket.ae, including but not limited to descriptions, images, videos, and details related to horses for sale, lease, or stud, as well as any associated services or products offered by the seller. Each listing is created by a user with the intent to advertise or offer for consideration by other users (buyers) of the website.
“Unacceptable” – any material or information uploaded to or made available on the Website which under the law of any jurisdiction from which the Website may be accessed may be considered:
illegal, illicit, indecent, obscene, racist, offensive, pornographic, paedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libellous, alleged to be or actually defamatory or in infringement of third-party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another’s privacy or other rights, to relate to or encourage money laundering or illegal gambling;
in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or,
harmful to the Company’s reputation.
1. Registration and account management
You need to Register to use the website. Creating an Account is free. When you have an Account, you will be able to create User Content, browse our listings, chat with other users on the website, add new listings and manage your account settings. We may require users to re-validate their Accounts at any time. We reserve the right to decline a new Registration or to cancel an Account at any time.
1.2 Registration is very simple and will require you to provide a username and password, a valid phone number or email address. We reserve the right to request additional information to improve the user experience.
1.3 Each person is limited to having one Account only on the Platform. Any duplicate Accounts will be deleted by us. If you use multiple Accounts and we take any action against you, you may have action taken against all your Accounts.
1.4 You must keep your account password confidential and immediately inform us if an unauthorized third party gains knowledge of your password or if there is any unauthorized use of your account or any other security breach that you become aware of which might affect your account. You acknowledge that we are not responsible or liable if someone who has been given your password uses (and/or conducts transactions on) the platform. It is important to note that you are fully responsible for maintaining the confidentiality of your password.
1.5 From time to time, we may contact you with administrative and promotional messages through email. This includes updates on your account activities and purchases, information about our platform, and other special offers. If you prefer not to receive certain messages, you can unsubscribe at any moment by clicking the “unsubscribe” link found in any of our emails, or by contacting support@horsemarket.ae.
1.6 If we reasonably believe or have evidence that you have (or the User Content generated by you has) violated any of these Terms or our Privacy Policy or applicable law (or if we suspect, on reasonable grounds, that you might or will (or the User Content generated by you might or will) violate these Terms or our Privacy Policy or applicable law, we may without the need for any prior notice:
a) block or suspend your Account, or permanently delete or blacklist your Account;
b) prevent you from using the Platform (using your own Account or any other person’s Account);
and we shall have no liability whatsoever upon our exercise of such rights.
1.7 If we take any of the actions set out in section 1.6, we may refuse to restore access until we receive an assurance from you, in a form we deem acceptable, that there will be no further violation of these Terms or our Privacy Policy or applicable law.
1.8 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in violation of these Terms or applicable law.
1.9 By continuing to use our wesbite, you agree that we may at any time audit and inspect your Account to investigate system errors or to confirm any reported or potential violation of these terms and conditions or any of our policies, rules and regulations.
1.10 Any dispute should be reported by you to us within 48 hours from the time the problem is discovered by you.
1.11 We reserve the right to close the Account of any user if they violate these Terms, including if they are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Accounts, or if a person pretends to be located in a country different from where they actually reside, or if they disrupt the Platform in any way. In such an event, the user shall not be entitled to any compensation from Horsemarket.ae, in accordance with what is stated in the sections of these Terms relating to our limitations of liability and indemnity.
2. Our products and services
2.1 We offer you a variety of advertising packages on HorseMarket.ae, which are designed to enhance the visibility and reach of your listings. All advertising packages are non-refundable.
a) Advertising Packages: These packages allow a seller to enhance the visibility of their listings on the platform. While creating a basic listing on HorseMarket.ae is typically free, you may need to purchase an advertising package to increase the visibility of your listings or to unlock additional features for your listings. The effectiveness of these packages can vary based on factors such as the category of the listing and its content.
2.2 We reserve the right to set or otherwise determine an expiration date for any advertising package, which may be amended by us at our sole discretion from time to time. If you fail to use an advertising package within its validity period, as communicated by us, you will not be able to utilize it after the expiration date, nor will you have the right to receive any form of compensation or refund from us.
2.3 We reserve the right to, at any time:
a) Update, change, or terminate in whole or in part any advertising packages;
b) Control, eliminate, manage, modify, and/or regulate the content, services, technology, platform, and all related matters of any advertising packages;
c) Cease or suspend the offering of any advertising package in any part of the world, specific country, or in connection with any specific category;
d) Change the cost of any advertising package;
e) Change the terms and conditions associated with any advertising package; and/or
f) Change the manner by which a user can purchase and/or use any advertising package,
and we shall have no liability whatsoever upon our exercise of such rights.
2.4 Currently, buyers can only purchase products and services offered by sellers on the platform by arranging payment terms directly with the sellers. We do not facilitate payments between buyers and sellers. Unless expressly stated in writing, any payments made to us can only be used to purchase advertising packages offered by us.
2.5 We make no representation, warranty, or guarantee that the platform or any advertising packages are free from viruses or anything else that may have a harmful effect on any technology.
2.6 Although we strive to provide uninterrupted access to the platform and the advertising packages, access may be suspended, restricted, or terminated at any time. Access may also be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to restore access as soon as reasonably possible.
2.7 Payments on the website for the advertising packages can be made:
a) on our Platform using any of the third-party payment services available in your country;
8 We reserve the right to, at any time:
a) Implement taxes on our Advertising Packages in line with applicable laws;
b) Discontinue or pause any specific payment method globally, within a particular country, or for a certain category;
c) Introduce or modify fees related to the use of any particular payment method;
d) Apply an exchange rate fee for payments made in different currencies;
e) Modify the terms and conditions linked to any specific payment method; and/or
f) Alter the way users can pre-pay for our Advertising Packages,
and we will not be held liable for any changes made in the exercise of these rights.
2.9 If an account becomes inactive, is deactivated, or is terminated for any reason, any amounts paid to HorseMarket.ae shall automatically be forfeited.
2.10 We reserve the right to reject any payment or to forfeit any amount that we suspect to have been obtained directly or indirectly through fraudulent or unlawful means, without any obligation to provide notice, and we shall bear no liability whatsoever upon exercising this right.
2.11 If a user fails to make a payment when due, or if any checks are returned due to insufficient funds or for any other reason, then HorseMarket.ae shall have the right to immediately suspend the account and any service provided until full payment is received or a settlement is reached, without the need for written notice to the user, a notarial warning, or the initiation of any legal or arbitral proceedings.
2.13 HorseMarket.ae reserves the right to terminate, suspend, or cancel the Advertising Packages immediately:
a) if the user violates the Privacy Policy and Terms of Use, with no entitlement to compensation or refund from HorseMarket.ae; or
b) at any time during the validity period of the Advertising Packages by providing 7 days written notice to the user,
in both cases without the need for a notarial warning or the initiation of legal or arbitral proceedings.
2.14 The user is not entitled to terminate, suspend, or cancel the Advertising Packages before the end date specified for any purchased packages.
3. User content
3.1 The HorseMarket.ae platform allows account holders to upload and share User Content. All User Content must adhere to the format specified by the platform.
3.2 When you upload User Content, you assert that you are either the original owner or have permission from the rightful owner to share this content. You also ensure that sharing this content doesn’t infringe on any copyrights, trademarks, or violate any other third-party rights.
3.3 You are not permitted to post content that is protected by copyright, trademark, or other proprietary rights without explicit permission from the rights owner. HorseMarket.ae is not responsible for identifying copyrighted or trademarked material, and you bear all responsibility for any infringement issues that may arise from your submissions.
3.4 We maintain the right to block users who infringe on others’ intellectual property rights. If you believe that your copyright has been infringed upon on our platform, please provide us with the necessary information, including your contact details and a statement under penalty of perjury that you are the rightful copyright owner or are authorized to act on their behalf.
3.5 HorseMarket.ae has the ultimate discretion to review, edit, post, refuse, remove, and monitor User Content. We are not obligated to use your User Content and may choose not to at our discretion. We also reserve the right to block access to or remove any User Content that we believe may violate our Terms.
3.6 We may disclose User Content and the context of its submission to third parties at any time, for any reason, including for compliance with our Terms or legal obligations.
3.7 You may have the opportunity to modify or remove your User Content under certain conditions. However, we cannot guarantee that modifications or removals will be reflected across all instances where the User Content may appear, including on the internet or social media.
3.8 Be aware that User Content is public, and anyone can view it. Avoid sharing personal or sensitive information unless you are comfortable with it being publicly accessible.
3.9 HorseMarket.ae does not endorse User Content and is not responsible for its accuracy or reliability. We are not liable for any loss or damage resulting from your reliance on User Content. Opinions expressed in User Content do not necessarily reflect our views.
3.10 By sharing User Content on HorseMarket.ae, you grant us a comprehensive, worldwide right and license to use, reproduce, and distribute your content in any format, without compensation to you. This includes the right to use your content for promotional and marketing purposes.
3.11 If your User Content is associated with your personal information, you also grant us the right to use and share this personal information in connection with your User Content, without compensation.
3.12 HorseMarket.ae does not accept or consider unsolicited ideas or materials. Any unsolicited materials sent to us will become our property and may be used at our discretion without obligation to you.
4. Restrictions
4.1 You understand and agree that the following actions are not permitted on HorseMarket.ae, unless explicitly authorized by us:
a) Creating multiple accounts or selling any account;
b) Registering an account with false or misleading information, or on behalf of someone other than yourself;
c) Posting duplicate or similar content multiple times across different categories, forums, areas, cities, or neighborhoods;
d) Including more than one product or service in a single listing;
e) Deleting and reposting the same listing to increase its visibility;
f) Misclassifying content by placing it under incorrect categories or sub-categories;
g) Posting content irrelevant to the local area or outside the intended local scope;
h) Sharing generic content that doesn’t directly relate to the specific product or service being offered;
i) Completely altering a listing to represent a different product or service;
j) Insisting on or promoting pre-payment for goods or services before delivery;
k) Uploading personal photographs unless specifically requested for account-related purposes;
l) Contacting individuals who have requested not to be contacted, or engaging in harassment or stalking;
m) Making unsolicited commercial contacts, including solicitation to advertise on external platforms;
n) Collecting users’ personal data for commercial or unlawful purposes;
o) Using automated tools to scrape data from the platform, except for sanctioned search engines or archives;
p) Overloading our infrastructure with unreasonably large data demands;
q) Trying to gain unauthorized access to our systems or disrupting the platform’s performance;
r) Attempting to reverse engineer any part of HorseMarket.ae or make unauthorized alterations;
s) Disrupting other users’ enjoyment of the platform;
t) Falsely reporting listings or users without a genuine belief of Terms violation;
u) Using automated systems for posting without human input, including bulk postings or timed submissions;
v) Hacking, spreading viruses, or inserting malicious codes intended to harm systems or data.
4.2 Prohibited content that will be removed includes User Content that is:
a) Illegal, breaches regulations, or harms our reputation;
b) Spam, misleading, deceptive, or falsely priced;
c) Infringing on privacy or personal rights without consent, or impersonating others;
d) Defamatory, libelous, derogatory, or offensive on various grounds including race, religion, gender, or sexuality;
e) Containing personal contact information inappropriately, or linking to external sites;
f) Promoting prohibited items like non-legal substances, counterfeit goods, or unsafe items;
g) Related to pornography, illegal services, or infringing on moral standards;
h) Displaying indecent material or intended for sexual contexts;
i) Selling or trading unauthorized antiquities, art treasures, or military/police items;
j) Involving endangered species, illegal gambling, unlicensed financial services, or multilevel marketing schemes;
k) Advertising services requiring licensure without providing valid proof.
4.3 We also reserve the right to remove any listings requiring regulatory licensure until appropriate documentation is provided. Failure to submit required licenses upon request will result in immediate listing removal.
5. Our intellectual property rights
5.1 HorseMarket.ae grants you a limited, personal, non-transferable, non-exclusive, and revocable license to access and use the platform according to these Terms and any additional terms and policies established by us. We retain all intellectual property rights, including copyrights, patents, trademarks, service marks, trade names, domain names, social media identifiers, and designs (whether registered or unregistered) related to the platform, its content, databases, design, text, graphics, software, photos, videos, music, sound, and data. All such intellectual property remains the property of HorseMarket.ae or its licensors. You are not entitled to any ownership or rights to such intellectual property beyond the limited use granted by these Terms.
5.2 The materials mentioned in section 5.1 may not be distributed, published, reproduced, copied, modified, downloaded, displayed, posted, performed, or transmitted in any form or by any means without our prior express written consent, except for personal, non-commercial use as permitted under applicable law. You may display the content of HorseMarket.ae on a computer or mobile device and store some content electronically for personal use, but not for commercial purposes or on any network-connected storage device. Any commercial use or redistribution of platform content without our permission is prohibited and may lead to legal penalties for copyright, trademark, or other intellectual property rights infringement.
5.3 The HorseMarket.ae name, logo, and any variations found on the platform are our exclusive property. All use of these trademarks benefits HorseMarket.ae. Any other marks not owned by us are either licensed for our exclusive use or belong to their respective owners. You are prohibited from using HorseMarket.ae’s names, logos, trademarks, or brands without our express permission.
5.4 Other than User Content, the creators of the literary and artistic works on the platform assert their moral rights to be recognized as the authors of those works.
5.5 Any material you transmit, post, or submit to HorseMarket.ae is considered non-confidential and non-proprietary, except as protected by data protection laws and excluding confidential payment details. If legally applicable, you grant HorseMarket.ae a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, transferable, non-exclusive right to use, copy, modify, adapt, publish, distribute, display, and perform such material worldwide in any media or technology, now known or developed in the future, without compensation to you, for the purpose of operating the platform.
6. Our limitation of liability
6.1 This section supersedes all others in these Terms and outlines our total liability regarding:
a) The HorseMarket.ae platform;
b) The delivery, non-delivery, or delayed delivery of any advertising packages;
c) The performance, non-performance, or delayed performance of any advertising packages; and
d) The agreement to or execution of these Terms.
6.2 Nothing in these Terms will limit our liability for:
a) Fraudulent misrepresentation;
b) Death or personal injury caused by our negligence;
c) Serious misconduct on our part, not including actions not directly taken by HorseMarket.ae; or
d) Any liability that cannot be excluded or limited under applicable law.
6.3 You are required to take reasonable measures to mitigate damages.
6.4 Despite the above, we will not be liable for:
a) Loss of profits, sales, business, or revenue;
b) Business interruption;
c) Loss of anticipated savings;
d) Loss of business opportunity, goodwill, or reputation; or
e) Any indirect or consequential loss or damage, regardless of whether it was foreseeable or if we were advised of the potential for such loss.
6.5 Our liability is limited to our own actions and omissions and does not extend to third parties. We are not liable for issues arising from external systems or infrastructure failures beyond our control unless caused by our intentional misconduct or gross negligence.
6.6 Our total liability to you will not exceed the greater of US$1,000 or the total fees you have paid to us in the 12 months preceding the claim.
6.7 Transactions conducted through HorseMarket.ae are at your own risk. We are not involved in transactions between buyers and sellers, including tax payments. We bear no liability toward any party in transaction-related matters and make no guarantees regarding the products or services listed on our platform.
6.8 We are not liable for breaches of these Terms resulting from:
a) Your actions or negligence;
b) Our adherence to your instructions; or
c) Our compliance with applicable laws.
7. Indemnity
7.1 You agree to defend, indemnify, and hold harmless HorseMarket.ae and its affiliates from all liabilities, claims, and expenses arising from:
a) Misuse of the platform or inability to use the platform;
b) Violation of these Terms; or
c) Infringement of third-party rights.
7.2 This indemnity obligation will survive the termination or expiration of these Terms and your use of the platform.
8. General terms
8.1 Definitions and interpretations in these Terms:
a) Include all forms of entities and individuals;
b) Treat singular as plural and vice versa;
c) Apply to all genders;
d) Headings are for reference only and do not affect interpretation;
e) In case of language discrepancies, the English version prevails;
f) “Include” means “including but not limited to”;
g) “Liability” encompasses all types of legal obligations.
8.2 These Terms do not create a partnership or agency relationship between you and HorseMarket.ae.
8.3 All implied terms are excluded to the maximum extent permitted by law.
8.4 You may not transfer your rights under these Terms without our consent. We may assign our rights and obligations to any third party.
8.5 We are not liable for failures to fulfill our obligations due to external forces beyond our control.
8.6 No waiver of any Terms breach constitutes a waiver of any future breaches.
8.7 Notices should be sent to support@horsemarket.ae or as specified within these Terms.
8.8 Only parties to these Terms have the right to enforce its terms.
8.9 If any Term is found unlawful or unenforceable, it will be severed, not affecting the remainder.