User Agreement

H&C User Agreement

H&C TV Limited (“H&C”), provides a video subscription service that allows members to access live and on demand equestrian sports content and other equestrian related programming (the “H&C Services” or the “Services”), streamed over the internet to certain internet-connected TVs, computers and other devices.

Please read this User Agreement before subscribing for the Services. You acknowledge that you have read and understood and agree with these conditions now and every time you use the Services, and you accept any revised version.

In clicking on the “Continue” button, you are entering into a legally binding agreement with H&C to purchase the Services. The contract is conditional on payment being authorised by your card issuer and is at all times subject to this User Agreement.

Contracting party.

In the United Kingdom and unless otherwise specified below, your subscription contract will be fulfilled H&C TV Ltd, whose registered address is Pembroke House, Llantarnam Park Way, Cwmbran, Torfaen, NP44 3AU, United Kingdom.

In Europe, your subscription contract will be fulfilled by H&C TV B.V., whose registered office is Westzijde 81, Zaandam, 1506 ED, The Netherlands.

In the United States, your subscription contract will be fulfilled by H&C TV Inc, whose registered office is 108 West 13^th Street, Wilmington, New Castle, Delaware 19801.

General Description of the Services.

H&C Services are available on a subscription basis with a monthly or annual rolling subscription. Your subscription will be automatically renewed at the end of each period unless you unsubscribe (see below How do I Unsubscribe?).

To access the Services online, go to https://horseandcountry.tv/subscribe/.

To access the Services on Apple TV and Android TV, download the application from the iTunes store or the Android App Store.

H&C Services are offered via Roku and Amazon Fire as an à la carte channel that can be added to your subscription.

As an Amazon Prime customer in the UK, Germany or Austria, you can add H&C TV as an à la carte channel to your Amazon Prime Video channels service.

When is the Subscription Contract Formed?

By completing the subscription process, you are entering into a contract. The minimum term of the contract is one month. After one month your contract will automatically become a rolling contract and you will be free to cancel it at any point if you should so wish. If you subscribe to the annual contract, your subscription will renew after one year, and every 12 months thereafter. Whenever you cancel you are liable to pay the subscription amount (“Subscription Payment”) due for the current subscription period.

H&C may also offer certain Content via the purchase of an access pass (“Event Pass”) that is of a fixed duration. This may provide access to coverage of a certain live event for the duration of that event or provide access to a predetermined bundle of Content for a fixed period of time.

• Unless otherwise agreed you will be charged for the Services from the date your subscription is enabled to receive the Services under this Contract.
• You must pay us for your Subscription Payment or Pass in advance. For Direct Debit, Debit and Credit Card payments, or other payment types including PayPal and iDeal, we will collect the amount due for your Subscription Payment automatically from your account each month. Payment for Event Passes must also be received in advance of gaining access to the relevant Content.
• We may change your Subscription Payment at any time by giving you at least one month’s notice.
• We may also charge any other payment due under this Contract under your Direct Debit, Debit, or Credit Card instructions together with any other payments that you agree we may charge under that instruction.
• We may alter your Direct Debit, Debit or Credit Card instruction if your Subscription Payment changes for any reason.
• If you have missed any payments you owe to us, we can suspend provision of the Services without giving you notice. If we are unable to collect a payment you will be given notice and a period of seven (7) days to rectify the problem. During the next seven (7) days, we will try to collect the payment again, and if the payment is not accepted within that period, the subscription will be cancelled and the access to the Service removed.
• We may alter your Direct Debit, Debit or Credit Card instruction if your Subscription Payment changes for any reason.
• If you have missed any payments you owe to us, we can suspend provision of the Services without giving you notice. If we are unable to collect a payment you will be given notice and a period of seven (7) days to rectify the problem. During the next seven (7) days, we will try to collect the payment again, and if the payment is not accepted within that period, the subscription will be cancelled and the access to the Service removed.
• You have a statutory right to withdraw within 14 days of signing up the service. However, you acknowledge that you agreed to the immediate access of the digital content upon sign-up. If you access any digital content on the service, you forfeit your right to cancel and receive a refund during the cooling-off period.

Our Rights to Cancel.

We can cancel your agreement with us (or any part of it) at any time.

If we cancel your agreement with us (or any part of it) after you have paid to use the Services, we will give you as much advance notice as is reasonably practicable and, at our sole discretion, you will either:

1. have access to that part of the service to which the payment relates for the remainder of your usage period; or
2. be issued a refund for any usage period remaining after the date of termination.

In any event, we may immediately suspend or restrict your use of all or any part of the Services and/or Content without refunding or compensating you if:

1. you fail to make a payment you owe us or if your Payment Method fails after going through our retry attempts;
2. you breach the terms of this User Agreement, although for non-serious breaches we will first give you an opportunity to put things right which you will need to do within 7 days;
3. we suspect or believe that you’ve committed or may be committing fraudulent activity against us or against any other person or organization through your or their use of the Services or Content, for example, you have copied our streams on to another website;
4. you have acted towards our staff or agents in a way which we reasonably consider to be inappropriate or unacceptable and sufficiently serious to justify restricting or ending your use of the Services;
5. you purchase an Event Pass or subscription using a virtual proxy network;
6. you use the Services in a manner that may negatively influence the reputation and/or business of H&C TV Ltd, our affiliates, our commercial partners, any Payment Processors and/or any other third party who is performing services on our behalf in relation to the service; or
7. it is not reasonably avoidable due to technical or operational reasons which are beyond our reasonable control.

Price information.

Prices displayed on the website, apps and third-party platforms prevail at all times. Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your subscription, we will inform you as soon as possible. You will have the option of reconfirming your subscription at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid.

Payments.

The total cost of any Subscription or Event Pass you purchase directly from us will be charged as specified in the “Subscription” tab on your “Account” page which can be accessed by logging in via the login box on the right-hand side of our website. A breakdown of the cost of your Subscription or Event Pass will be set out in the email that you receive from us on subscription or purchase of an Event Pass and this breakdown will set out the price, including any taxes and/or other transaction fees that may have been applied to your purchase (if any).

In some cases, your payment date may change, for example if you paid for a subscription to the service began on the 31st of any month and the following month only has 30 days in it. To see your next payment date, click on the "Manage Account" tab on your "Account" page which can be accessed by logging in via the login box on the right-hand side of our website.

In some cases, your payment date may change, for example if you paid for a subscription to the service began on the 31st of any month and the following month only has 30 days in it. To see your next payment date, click on the "Manage Account" tab on your "Account" page which can be accessed by logging in via the login box on the right-hand side of our website.To use the Services you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

You can update your Payment Methods by going to the "Billings and Payments" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

We use other companies ("Payment Processors") to process credit card transactions or other payment methods. During the sign-up process, you will need to provide certain information that will allow our Payment Processors to collect payments on our behalf and you authorise such Payment Processors to collect payments on our behalf. If a payment fails, the relevant Payment Processors will try to collect payment again but if they are unable to process a payment you will not be able to use/access the part of the service that the failed payment relates to. The information you provide during the sign-up process will be stored on your account with us, including details of your Payment Method.

Payments made via third parties such as Roku or the Apple Appstore are governed by their terms and conditions and queries should be directed to the third party itself.

Free Trials, Promotions and Discounts.

Your subscription may start with a free trial, discount or other promotional offer (“Promotional Period”). The duration of the Promotional Period of your subscription will be specified during sign-up and is intended to allow new members and certain former members to try the service.

Eligibility for any Promotional Period is determined by H&C at its sole discretion and we may limit eligibility or duration to prevent abuse. We reserve the right to revoke the Promotional Period and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent subscription to determine eligibility. For combinations with other offers, restrictions may apply.

We will charge the membership fee for the next billing cycle to your Payment Method at the end of the Promotional Period unless you cancel your membership prior to the end of the Promotional Period. To view the membership price and end date of your free trial period, visit our website and click the "Manage Account" link on the "Account" page.

Managing Your Account.

How do I unsubscribe?

In order to unsubscribe from H&C Services please visit your account page, under Account Information, you will see the option to cancel subscription, under Subscription Details.

If you have subscribed to the Services through a third-party such as the Apple AppStore or Roku, you will need to unsubscribe using that third-party’s platform. On Amazon Prime Video, visit your account page and deselect the channel from your account.

You can access H&C Services until the end of your current subscription period and will no longer be charged a monthly or annual fee once your subscription period expires. No refunds for unused periods will be given.

Use of devices.

H&C permits you to use three devices simultaneously through which you can access the Services.  These devices include a desktop or laptop computer, a tablet device, a smartphone app or third-party platform, such as Roku.

Once you are logged in to the Services on a particular device, you will remain logged in until you log out.  It is not possible to log in to more than three devices with the same user ID and password.  In order to change or update your devices you can visit the “Manage Devices” section of the Services.

Passwords and Account Access.

The subscriber who created the account and whose Payment Method is charged (the "Account Owner") has access and control over the account and the devices that are used to access our service and is responsible for any activity that occurs through the account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, H&C TV Ltd or our partners from identity theft or other fraudulent activity.

Customer Support.

H&C provides support for subscribers experiencing technical difficulties with the Services. On the mobile apps, go to “Menu”, and select “Support”. This prompts an email to: [email protected]. Depending on the location, we endeavor to respond within 24 hours to resolve an issue.

On the website, select “Support” at the bottom of the home page. This will direct you to a form to create a Support Ticket here On the apps, look for “Support” under the menu.

General Terms & Conditions.

In using this Services, you agree to the following terms and conditions of use. If you do not accept any of them, you should exit this service now. H&C reserves the right to change the terms of this User Agreement from time to time and your use of the Services following such change shall be deemed to be your acceptance of such change. H&C further reserves the right, at any time, to charge you for accessing certain content on the Services.

Age Restrictions.

You must be 16 years of age, or the age of majority in your province, territory or country, to subscribe to certain Content.  Minors may only use the service under the supervision of an adult.

Personal Use Only.

The Services and any content viewed through the Services are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your membership we grant you a limited, non-exclusive, non-transferable right to access the service and view our content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

Quality of Service.

The quality of the display of the Services may vary from device to device, and may be affected by a variety of factors, such as location or available bandwidth available through an Internet connection. HD, Ultra HD and HDR availability is subject to the Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD and HDR, and not all broadband or mobile plans allow you to receive content in all formats.

Changes to the Services.

H&C may make changes to the Services, including the content library, which may also require periods of maintenance and repair.

We may vary, replace or withdraw any service, feature or functionality or channel or content provided as part of the Services at any time.

It may not be practical for us to notify you in advance of all periods of maintenance and repair and/or content changes. You should keep checking the Services for details of what Content is available.

If we need to make a significant change to the Services you have paid for, we will aim to notify you 30 days in advance of such changes in accordance with this User Agreement.

In relation to any service you have paid for which hasn’t yet expired, we will try to make sure that changes to our Services or prices will not adversely affect you during the relevant usage period. If you have selected a subscription package that automatically renews at the end of a usage period, we will aim to notify you of any changes that are likely to significantly affect you during a future usage period at least 30 days before the start of that period so you can cancel the service before the period begins. If you do not cancel your subscription to the service after we have notified you about any changes and before these changes take place, and you continue to use the service, we will take that as your acceptance of the amended service.

If we have to make a significant change to the service you have paid for which will adversely affect you during your usage period, we will give you notice and the right to terminate the service.

Restrictions on Availability of Content.

Some content is available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible.

Copyright and Trademarks.

The Services and their design, text, graphics, illustrations, images and video and the selection and arrangement thereof and software are copyright of H&C TV Ltd or its licensors. The trademarks depicted on this Services are the property of H&C TV Ltd or its licensors and they retain all rights in such trademarks. The sports archive photographs and music associated with the Content are supplied and used under license. All rights are reserved and reproduction of part or all of the contents of this site is prohibited other than in accordance with the permissions below:

1. It is expressly forbidden to download, copy, reproduce, retransmit or in any way use the video and audio elements of H&C except where permitted or specifically authorised such as via H&C Services within the H&C channels, website or any other version of H&C.

1. It is expressly forbidden to copy, duplicate, download all video content on H&C or upload and distribution to any video sharing website such as YouTube and any other known of or yet to be created video sharing site without the full written permission of H&C.

1. It is expressly forbidden to insert or present H&C or to pretend to represent H&C or any of its content as part of any third party video site or any aggregated internet-delivered TV or OTT service without the full written permission and/or legal contract entered into with H&C.

1. It is expressly permitted only for non-commercial private purposes only without making any gain and that you will not permit any other person or persons to use the Services. You must keep your password secure and never share passwords or other access codes with anyone or make them accessible to others. You will not copy, record or store all or any part of the Services.

Liability.

The views expressed on the Services are the views of the contributors to it and not necessarily the views of H&C. H&C is not responsible for any material included on this site by any third party which is defamatory, abusive, obscene, illegal or otherwise in breach of any person’s rights; does not make any representations or warranties that the information and/or material contained on or accessible via this site is accurate, complete or current or that use of the site is free of risk of viruses or other damage.

Unless otherwise agreed in writing and except as provided in the conditions of sale, H&C shall not be liable to you for: (i) any direct loss; (ii) any loss of profits, business or anticipated savings or loss of or corruption of data or any indirect loss or consequential loss whatsoever, in each case, whether such loss arises in contract, tort, negligence, misrepresentation, breach of statutory duty or otherwise and even if H&C have been advised of the possibility of such loss. This does not affect your statutory rights as a consumer under English law. All rights reserved save as per this User Agreement.

Survival.

If any provision or provisions of this User Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Transfer of Rights.

The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer our rights and obligations under this User Agreement to any company, firm or person provided that the service will not reduce as a result of such transfer. You may not transfer your rights or obligations under this User Agreement to anyone else.

Governing Law and Jurisdiction.

The terms of this User Agreement shall be governed by and construed in accordance with the laws of the territory in which the Contracting Party referred to at the beginning of this User Agreement is based. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence. If the Contracting Party fulfilling your subscription contract is H&C TV Ltd, but you do not live in England or Wales, you will be able to bring a claim in the courts of your country of residence under the applicable laws of your country of residence. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. available at https://ec.europa.eu/consumers

Waiver.

To the extent we fail to or decide not to exercise any right of claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing.

Changes to the User Agreement.

H&C may, from time to time, change the terms of this User Agreement. We will aim to notify you at least 30 days before new terms apply to you unless the changes need to be implemented quickly for legal or regulatory reasons in which case we will notify you of the changes as soon as we can. If you continue to use the service following any change to the User Agreement, we will take this as your acceptance of the amended User Agreement. The most up to date User Agreement will always be available via the H&C website and when we notify you that the User Agreement are changing we recommend you print the latest version for your records. If the change materially disadvantages you we will also give you the opportunity to cancel your subscription before the changes are effective.

Electronic Communications

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, so please make sure you have provided us with accurate contact details, and keep us up to date if they change. Notifications will be deemed to have been delivered on the day they are sent.

Updated December 2022

Use of Personal Information

We are committed to protecting the privacy of users of the H&C Services. This Data Privacy Policy explains what information we may collect about you, how we will use it and the steps that we will take to ensure that such information is kept secure, in compliance with the General Data Protection Regulation (EU) 2016/679. By using the Services, you consent to us collecting and using your details in accordance with this Data Privacy Policy.

When you use the Services, we may collect details about you (“Personal Information”), which may consist of your contact details (such as your name or e-mail address) or other anonymized information about you such as your computer’s IP address. Such details are collected in a number of ways: they can be obtained via the use of cookies or when you register to purchase a particular product or service from us.

We only use the personal and transactional information (e.g. name, address, e-mail address, credit/debit card details) you supply to us in order to fulfil your subscription order.

We use your Personal Information to fulfil orders you have made for products or services and/or to improve our understanding of customer needs in developing the Services. We do not store the financial details (credit or debit card numbers and billing information) of our subscribers.

Where you have given us your permission to do so, we may contact you with details of products, offers, services and promotions, including from third parties. If we contact you via e-mail, we will give you the opportunity to decline to receive future e-mail messages from us.

The Services may have links to other websites. Third-party websites should have their own privacy policies and we recommend that you read such policies to find out how your personal details are protected. We are not responsible for the content or the privacy policies of these third-party websites.

How Do We Share the Information We Collect?

We will not sell, trade or rent your personal information to others unless you have given us your permission to do so. If you give us such permission then you may be contacted by our advertisers, partners, affiliates or other third parties with offers relating to their products, offers, services or promotions.

You should know that if we are requested by the Police or other regulatory or government authority investigating suspected illegal activities to provide your personal details, we will do so.

Data Security

Our top priority is customer data security and, as such, we exercise the no logs policy. We process only minimal user data, only as much as it is absolutely necessary to maintain the Services. Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding usage. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.

Data breach

In the event we become aware that the security of the Services has been compromised or users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Services, or send you an email.

Updating Your Details.

You can update the personal details we hold about you by visiting the “My Account” section of the Services.

We may change or update this Data Privacy Policy (for example in order to comply with new legal requirements) so please check here from time to time to note such changes.

Accessing Your Details

We will provide you with a summary of personal details that we hold on you upon your written request, subject to an administration charge of £15 per request. To make a request, you should send an email to [email protected] and provide your full postal address and postcode or Zip code, as appropriate. You can also request that the personal details that we hold about you are removed from our system. However, this may mean that we can no longer provide you with the products or services that you wish to receive.

California Privacy Rights

In addition to the rights as explained in this Data Privacy Policy, California residents who provide Personal Information (as defined in the California Consumer Protection Act), in order to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the Personal Information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information please contact us.

Billing and Payments

We use third-party payment processors to assist us in processing your payment information securely. Such third-party processors’ use of your Personal Information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this Privacy Policy. We suggest that you review their respective privacy policies.

Privacy of Children

We do not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Services without their permission.

If you have reason to believe that a child under the age of 13 has provided Personal Information to us through our Services, please contact us. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).

Newsletters

We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.

In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

Updated May 2020

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Cookie Name	Description
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