1. Welcome
    • Welcome to Take My Tack (‘the Marketplace’), a website owned and operated by Savara Tack Ltd. The Marketplace provides a platform for third-party sellers (each herein either ‘you’ or ‘Seller’) and buyers (each a ‘Customer’) to complete transactions for the sale of products merchandised and listed by the Seller. The Marketplace provides a platform for these transactions to take place.
    • By registering for and using the Marketplace, you agree to be bound by all terms and conditions of this agreement.
  2. Changes to these Terms
    • We may make changes to these terms by amending them from time to time. Every time you wish to the Site, please check these terms to ensure you understand the terms that apply at the time.
  3. Changes to the Site
    • We may update and change the Site from time to time and may change the content at any time. However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it. We do to guarantee that the Site, or any content on it, will be free from errors or omissions.
  4. Accessing the Site
    • The Site is made available free of charge
    • We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of a Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    • You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
    • The Site are directed to people residing in the United Kingdom. We do not represent that content available on or through the Sites is appropriate for use or available in other locations.
  5. Your Account & Password
    • If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
    • If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
  6. Eligibility
    • Seller acknowledges and agrees that use of the Marketplace is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Marketplace and only products that form part of the equestrian market/community.
    • You must login with an existing account or complete the Site registration process to create an account with a username, e-mail and password (the “Account”) in order to make full use of selling on the marketplace, as per point 5.
    • You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Furthermore, you must hold the relevant insurance and licenses for your product sales.
  7. Licenses
    • You hereby grant to each of The Marketplace, non-exclusive, transferable, royalty-free right to display and use the information, graphic, trademark, copyrighted work and other material and information contained in your listings in any existing or future media/advertising, known or unknown, now or at any later date (the “Listing”).
    • Such right shall include, without limitation,
      • the right to provide to prospective and actual Customers the right to access and use the Listing via the Marketplace website takemytack.co.uk
      • the right to display and use the Listing and any portion thereof in the promotion and advertisement of the Marketplace.
    • The Marketplace grants the Seller a limited, non-exclusive, revocable license to access and use the Marketplace. The foregoing licenses do not include any rights too:
      • modify, download (other than page caching), reproduce, copy, or resell the Marketplace or any portion or derivative thereof;
      • copy or download any Seller’s account information for the benefit of any third party;
      • enable high volume, automated, electronic processes that apply to the Marketplace or its systems;
      • use any robot, spider, data miner, scraper or other automated means to access the Marketplace or its systems for any purpose;
      • interfere or attempt to interfere with the proper working of the Marketplace;
      • bypass any Marketplace measures used to prevent or restrict access to any portion of the Marketplace;
      • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Marketplace;
      • use The Marketplace or its affiliates name, trademarks, services marks or logos in any meta tags or any other “hidden text”; or
      • Compile, repackage, disseminate or otherwise use data extracted from the Marketplace.
  1. Intellectual Rights Property
    • We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    • You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.
    • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    • Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
    • You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
    • If you print off, copy or download any part of a Site in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  2. Third Party Links & Resources on Site
    • Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interrupted as approval by us of those linked websites or information you may obtain from them.
    • We have no control over the contents of those websites or resources
  3. Marketplace Fees
    • For all items sold through its marketplace, The Marketplace charges a commission off selling price only.
    • The Seller will receive a payout minus the commission and in some cases, including the delivery charge on the 25th day of every month. The options for pay-out is via Stripe, PayPal or Electronic Bank Transfer. The Seller will need to state which pay-out option is preferred on their dashboard.
  4. Refunds & Exchanges
    • The Marketplace website will allow customers to initiate refunds & exchanges in line with the returns and exchanges terms listed by the Seller. Therefore, the Seller agrees to honour refunds & exchanges that a customer using the Marketplace website may request if it falls inside the Seller’s agreement.
    • The customer may also contact the Seller to initiate a refund or exchange.
    • The Seller will be responsible for paying out monetary refunds to customer once the Seller has received the product and is satisfied with the quality of the return.
    • The Marketplace will then reimburse the Seller with the commission amount retained on the product that has been successfully returned, providing the Seller has not already been paid out.
    • If the Seller has been paid out the
  5. Certain Reservation of Rights
    • the Marketplace platform allows the Seller to freely add products by accessing their dashboard. The Marketplace retains the right to immediately halt any sale, prevent or restrict access to the Marketplace, or take any other action to restrict access to (i) any Listing that contains objectionable material, as determined by The Marketplace in its sole discretion, (ii) any inaccurate Listings, and (iii) inappropriately categorised items. Furthermore, certain items cannot be listed or sold on this platform. These include at this stage:
      • horses
      • ponies
      • livestock
    • the Marketplace will be able to moderate the products being uploaded and reserve the right to remove any products that violate the above.
  6. Uploading content to the site
    • Whenever you make use of a feature that allows you to upload information and materials to the site, or to make contact with other users of the site, you must comply with the user generated content standards set out in these terms of use.
    • You warrant that any such contribution does comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
    • Any content you upload to the site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required and agree to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
    • We also have the right to disclose your identify to any third party who is claiming that any content posted or uploaded by you to a site constitutes a violation of their intellectual property rights, or of their right to privacy.
    • We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the site.
    • We have the right to remove any posting you make on the site if, in our opinion, your post does not comply with the content standards set out below.
    • You must comply with the spirit and the letter of the following standards. The standards apply to ach part of any contribution as well as to it whole.
    • Contributions must:
      • Be accurate (where they state facts).
      • Be genuinely helpfuly (where they state opinions).
      • Comply with applicable law in South Africa.
    • Contributions must not:
      • Contain any material which is defamatory of any person.
      • Contain any material which is obscene, offensive or hateful.
      • Promote sexually explicit material.
      • Promote violence.
      • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
      • Infringe any copyright, database right or trade mark of any other person.
      • Be likely to deceive any person.
      • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
      • Promote any illegal activity.
      • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
      • Be likely to harass, upset, embarrass, alarm or annoy any other person.
      • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
      • Give the impression that they emanate from us, if this is not the case.
      • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  1. Ability to Sell; Warranties to Customers
    • Seller is obligated to sell to Customers who meet the Seller’s terms contained in the Listing the listed item at the listed price. By listing an item for sale, Seller represents and warrants to each prospective Customer that Seller has the right and ability to sell such item, and that the information contained in the Listing is accurate, current, and complete and is not misleading or otherwise deceptive.
  2. Taxes
    • All the prices listed on the Marketplace include tax and the commission taken off the retail price includes tax and therefore, the retail price provided by the Seller to the Marketplace and included on the Seller’s Vendor Dashboard needs to include tax.
  3. Lawful Conduct; Disclosure to Third Parties
    • The Marketplace may be used only for lawful purposes and in a lawful manner. Seller agrees to comply with all applicable laws, statutes, and regulations. Seller may not register under a false name. Seller may not impersonate any participant or use another participant’s password.
    • The Marketplace reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect The Marketplace’s systems and customers, and/or to ensure the integrity and operation of The Marketplace’s business and systems, The Marketplace may access and disclose any information it considers necessary or appropriate, including but not limited to Seller contact details, IP addressing and traffic information, usage history, and history of posted Listings.
  4. Representations and Warranties
    • Seller represents and warrants to The Marketplace that:
      • the Listings may be reproduced, used, displayed, and distributed as contemplated by this Agreement without violating or infringing the rights of any third party, and without obligating The Marketplace to pay any additional fees to any party;
      • Seller will obtain all rights, permissions and approvals from any third party (including but not limited to electronic reproduction rights) necessary for use of Listings in connection with the Marketplace;
      • the Seller’s data (including without limitation the Listings) provided to the Marketplace is accurate;
      • it owns or has the authority to sell all of the items displayed in its Listings and to convey free and clear title to such item upon consummation of a transaction with a Customer; and
      • it will comply with all applicable laws, rules and regulations (national, domestic, state, local and regional).
    • Seller further represents and warrants to The Marketplace that Listing contains any item that:
      • infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy);
      • constitutes libel or defamation; or
      • is counterfeited, illegal, stolen, deceptive or fraudulent.
  1. Privacy
    • Seller shall not use any information received via the Marketplace, including Customer contact information, for the purposes of solicitation, advertising, spamming, invasion of privacy or otherwise objectionable conduct. Furthermore. Seller shall not use any information received via the Marketplace, including Customer contact information, in a manner that would violate, or give The Marketplace or any of its licensors liability under, any applicable law including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”) and any CAN-SPAM Act regulations.
  2. Indemnification
    • Indemnification: Seller hereby agrees to indemnify and hold harmless The Marketplace and its parent, subsidiaries and affiliates, and their respective directors, officers, employees, agents, shareholders, partners, members and other owners (collectively, “Indemnified Parties”), against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys’ fees and expenses) brought about by any person (any or all of the foregoing hereinafter referred to as “Claims”), insofar as such Claim (or actions in respect thereof) arise out of or are based on
      • its breach of this Agreement and, any breach of the representations, warranties, covenants or agreements it makes herein;
      • intentional misconduct; or
      • gross negligence.
    • Procedures: With respect to any claims falling within the scope of the foregoing indemnification, Seller agrees to keep the Indemnified Parties fully advised with respect to such claims and the progress of any suits, and the Indemnified Parties shall have the right to participate, at Seller’s expense, in any suit instituted against them and to designate attorneys to defend them. Seller shall not settle, compromise or otherwise enter into any agreement regarding the disposition of any claim against the Indemnified Parties without the prior written consent of The Marketplace.
  3. Applicable Law; Venue; No Class Action;
    • The Marketplace is arranged, sponsored, and managed by The Marketplace in the United Kingdom. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to the conflict of law principles thereof.
    • Any action or claim (including claims for injunctive or other equitable relief) shall be exclusively adjudicated by a court of competent jurisdiction located in the United Kingdom.
    • Any controversy or claim arising under this Agreement, including any breach hereof, or the Marketplace shall be litigated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude The Marketplace from seeking any injunctive relief in state, federal, or foreign courts for protection of The Marketplace or its licensors’ intellectual property rights.
  4. Termination
    • The Seller may, in its sole discretion, remove their items off the Site and delete their account indefinitely without notification, providing there are no outstanding pay-outs.
    • Should there be outstanding pay-outs or should the Seller have a membership with the Site and the Seller wishes to terminate, they must do so by giving 30 days written notice.
    • The 30 day period allows the Site and Seller to resolve any pending transactions, orders or subscriptions.
    • Effect of Termination. In the event of termination for any reason;
      • The Marketplace shall disburse any funds owed to Seller no later than thirty (30) days following the effective date of such termination;
      • And The Marketplace shall use commercially reasonable efforts to cease using the Listings, but in any event no later than thirty (30) days following the effective date of such termination.
  1. General Provisions
    • Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof. If the Seller has entered into a separate signed written agreement with The Marketplace with respect to the subject matter hereof and there is a conflict between any provision of this Agreement and the provision of said other agreement, the provision of said other agreement shall govern.
    • No Agency; Third-Party Beneficiary. The Marketplace is not the agent, fiduciary, trustee, or other representative of Seller. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement.
    • In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided, that no such severability shall be effective if it materially and adversely changes the economic impact of this Agreement on any party.
    • No Waiver. The Marketplace will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by The Marketplace. No delay or omission by The Marketplace in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The Marketplace’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of The Marketplace’s right to subsequently enforce such provision or any other provisions of this Agreement.
    • Intellectual Property. Seller acknowledges and agrees that
      • The Marketplace’s and its licensors’ patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, “Intellectual Property”) is and shall remain the sole property of The Marketplace or its licensors as the case may be and
      • nothing in this Agreement shall confer in Seller any right of ownership or license rights in the Intellectual Property. Seller shall not now or in the future contest the validity of the Intellectual Property.
    • Neither party shall, without the other party’s prior written consent, use the name or any trademark of the other party in any manner, including, without limitation, in any press release or other advertising materials.
    • notice of any suspension or withdrawal.
  2. Viruses
    • We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
    • You must not misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which that Site is stored or any server, computer or database connected to our website. You must not attack any Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
  3. Linking to a site
    • You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    • You must not:
      • Establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
      • Establish a link to the Site in any website that is not owned by you, or;
      • Frame the Site on any other website, nor may you create a link to any part of the Site other than the home page of that Site.
    • We reserve the right to withdraw linking permission without notice.
    • The website in which you are linking must comply in all aspects with the content standards set out in these terms of use.
    • If you wish to link to or make any use of content on the Site other than set out above, please contact us.
  4. Applicable Law
    • These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a consumer resident in another jurisdiction, you may also bring proceedings in the courts of the jurisdiction in which you reside.

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