SUMMARY

Equigate acts solely as a facilitator between the Professional and Client. It is a platform, which enables ease of communication between the two parties.

SECTION B – For the Client (‘You’/ ‘Your’)

1. THE SERVICE

1.1. Equigate offers a way to connect you to our Professionals, who offer a range of Services in equine and canine industry. Additionally, Equigate now facilitates Services provided by Professionals for treatment on humans. The Equigate Platform allows you to make an Appointment for a Professional directly pay for your Services through Stripe. Equigate does not provide or control any Services, does not employ or supervise Professionals, and does not provide legal, medical, veterinary, or other professional advice. No professional–client relationship is created with Equigate.

1.2. Equigate is a platform used by Clients and Professionals. Subject to your compliance with these Terms Clients will have access to Services provided by Professionals through our website and mobile app.

1.3. Upon registration for Equigate you enter into a contract with Equigate under these Terms and Conditions. However, your contract for Services is between only yourself and the Professional. Equigate acts only as an intermediary between you and the Professionals to facilitate the administrative process of booking/completing Services by way of Appointment.

1.4. If you use the Equigate Platform to book any Service, you also enter into a Contract with the relevant Professional, including any Professional Terms of Sale that the Professional may require compliance with.

1.5. Professional’s provision of Services and fulfilling any Appointment is subject to the Professional Contract. Equigate is not a party to the Professional Contract you have with the Professional.

2. PROFESSIONAL RESPONSIBILITIES

2.1. Professionals are required to ensure that all information provided by them for the Equigate Platform is accurate, complete and not misleading in any way.

2.2. Nonetheless, we cannot verify the information which Professionals provide to us. It is each Professionals’ responsibility to ensure that all of its Services listed on the Equigate Platform are available and accurately described.

2.3. As a Client, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Nothing in these Terms and Conditions will affect these legal rights.

3. REGISTRATION

3.1. In order to create an account and make any Appointment/Order through the Equigate Platform you must be invited by a Professional by way of an Invitation Code.

3.2. To create an Equigate Platform Account you must provide certain information, including your name, email address, and optionally, your address.

3.3. As a Client it is free of charge to use Equigate.

3.4. If a User wishes to change the email address associated with their account, this is a manual process. Users must contact Equigate to request the change. Equigate will respond within seven (7) working days of receipt of the request.

4. OBLIGATION TO PROVIDE ACCURATE INFORMATION

4.1. You must provide accurate and complete information to Equigate and keep this information up to date through the Equigate Platform. Equigate may verify the information that you provide and may refuse use of the Equigate Services or Equigate Platform or remove your profile from the App without notice and without providing reasons.

4.2. It is your (or the person receiving the Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Professional that might affect or be affected by any Services (for example without limitation, allergy information and health matters). This includes checking, prior to arranging any Service, that it is suitable for you or the animal that requires a Service.

4.3. If you or any relevant recipient of the Service fail to provide such disclosure Equigate will not be liable to you for any injury, loss or damages resulting from the Service that could have been reasonably avoided if the relevant information had been disclosed prior to receiving the Service. Equigate hold no liability in relation to any information disclosed on the platform.

4.4. It is important to note that the legal requirements for Services provided may vary by country. It is the Client’s and Professionals responsibility to ensure compliance with any relevant legal requirements in that country.

4.5. It is expressly agreed that Equigate holds no liability for the Services facilitated by the platform.

5. SERVICE COMMUNICATIONS

A) With Equigate Platform

5.1. You agree to receive notifications and emails from Equigate on the email registered to the service.

5.2. You further agree that these messages may include promotional content as well as information about your account and Appointment(s).

5.3. Your agreement to receive appointment reminders, this is not a condition of using the service and can be terminated at any time.

5.4. For information on how we use your personal information, and about promotional and marketing messages, please refer to our Privacy Policy.

B) With Professional

5.5. Equigate has an internal communication system whereby you can contact Professionals directly.

5.6. You further agree that these messages may include promotional content, at the discretion of the Professional as well as information about your account and Appointment(s).

5.7. Your agreement to receive promotional messages is not a condition of using the service and can be terminated at any time.

5.8. For information on how we use your personal information, and about promotional and marketing messages, please refer to our Privacy Policy

6. BOOKING SYSTEM

6.1. The Equigate Platform allows you to communicate with the Professional who will have sent you an Invitation Code. You should check for and correct any errors before confirming your Appointment.

6.2. To book, the Client must message the Professional through the Internal Communication System. The Professional will then make the Appointment in their diary. This allows the Professional to continue providing their usual Service, in line with their own standard practices and policies.

6.3. Clients are expected to act in line with the Professional own Terms of Sale (including any Deposit Policy, Cancellation Policy or No-Show Policy) which is a matter of discretion. Please read and check all Appointment details and any applicable Professional Terms of Sale before confirming your Appointment.

6.4. All Services shown on the Equigate Platform are subject to availability provided by the Professional

6.5. If you require a tax receipt, you need to contact the Professional directly.

7. PAYMENT PROCESSOR

7.1. Equigate uses third-party Payment Processor ("Stripe") to take payment for the Services accessed on the Equigate Platform. The processing of payments or credits, as applicable, in connection with your use of the Equigate Platform will be subject to the privacy policies, terms and conditions and other terms of our Payment Processor and your credit card issuer (in addition to these Terms & Conditions).

7.2. Clients and Professionals continuing to use the Equigate platform consent to the Terms and Conditions set out by Stripe.

7.3. Equigate takes reasonable care to ensure that the Equigate Payment Services are available and functioning at all times, but cannot guarantee continuous, uninterrupted, or secure access to the Equigate Payment Services, nor can we guarantee that the facility is virus or error free as this is a third-party service.

7.4. Equigate is not responsible for any errors by the Payment Processor. Access to the Payment Processing may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions and will do what we can to restore the facility as soon as reasonably possible.

7.5. Payments are facilitated by Stripe; Equigate is not the seller of Services and is not a party to any payment dispute between Client and Professional. Chargebacks, refunds and reversals are governed by Stripe’s policies and the Professional’s Terms of Sale.

8. APPOINTMENTS, AMENDMENTS AND CANCELLATIONS

A) Rescheduling

8.1. Clients may reschedule an Appointment after Confirmation by contacting the Professional directly or through the Equigate Platform.

8.2. Rescheduling is only permitted if the Appointment is not due within the timeframe set out in the Professional’s Terms of Sale.

8.3. The period during which rescheduling is allowed, and availability for rescheduling, are determined solely by the Professional and confirmed at the time of booking.

B) Cancellations

8.4. Clients may cancel an Appointment by contacting the Professional directly through the Equigate Platform. Cancellations are only permitted if not due within the timeframe stated in the Professional’s Terms of Sale.

8.5. Professionals may apply their own cancellation terms, which may include:

• Cancellation with a fee – charging in line with their Terms of Sale;

• Cancellation without a fee – at their discretion; or

• No-Show Policy – allowing an invoice for up to 100% of the Appointment value if the Client fails to attend.

8.6. Refunds are only available where expressly permitted by the Professional’s Terms of Sale or agreed directly between Client and Professional.

8.7. Equigate has no authority or liability in respect of any Professional’s cancellation, rescheduling, or refund policy.

9. ACCOUNT DELETION

9.1. Account Deletion requests can made on the Equigate Account Settings section of the Equigate Platform.

9.2. No account can be deleted until it has been satisfied that outstanding invoices have been paid and upcoming appointments have been cancelled.

9.3. Upon Account Deletion request you will receive an email within 7 working days with confirmation of account deletion, in the event that you have no outstanding liabilities or upcoming appointments. Given the nature of the data held by Clients and Professionals on Equigate, Equigate may require you to reconfirm that you wish to delete your account.

9.4. In the event that there are outstanding liabilities or upcoming appointments you will receive an email with the requisite steps to satisfy the criteria for Account Deletion.

9.5. Any requests for account deletion may be denied at the discretion of the Equigate Platform where there are outstanding fees or upcoming appointments. If your account deletion request has been denied and you are unsure why, please refer to website for contact details.

9.6. Upon deletion of your Account all associated data will be permanently deleted and will be unable to be recovered. The Client must ensure that they definitely wish to delete their account and associated data before doing so.

9.7. Due to the requirement of Equigate to consider your deletion request, the actual deletion of your account will not be immediate.

SECTION C – Professionals (‘You’ / ‘Your’)

10. THE SERVICE

10.1. Equigate offers a way to connect you to our Clients, who seek a range of Services in the equine and canine industry in addition to Professionals providing treatment to humans. The Equigate Platform allows you to book an Appointment for a Client who can directly pay for your Services through Stripe. Equigate does not operate any Professionals or provide any Services. Equigate does not provide or control any Services, does not employ or supervise Professionals, and does not provide legal, medical, veterinary, or other professional advice. No professional–client relationship is created with Equigate.

10.2. Equigate is a platform used by Clients and Professionals. Subject to your compliance with these Terms, Clients will have access to Services provided by Professionals through our website and mobile app.

10.3. Upon registration for Equigate Services you enter into a contract with Equigate under these Terms and Conditions. However, your contract for the Services is between only yourself and the Client.

10.4. Equigate acts only as an intermediary between you and the Clients, including acting as the administrative platform for each Professional to arrange and complete Appointments.

10.5. Professional’s provision of Services and fulfilling any Appointment is subject to the Professional’s Terms of Sale. Equigate is not a party to the Professional’s activities between parties outside of Equigate.

11. REGULATORY COMPLIANCE & PROFESSIONAL RESPONSIBILITY

11.1. Professionals are solely responsible for complying with all laws, regulations, licence, permit, scope-of-practice and professional-standards requirements applicable to their Services in each jurisdiction. Labeling activities as “private” or “members-only” does not limit or remove a Professional’s obligations. Professionals must not use the Platform to offer or perform Services unlawfully or in a manner intended to avoid regulation.

11.2. Equigate does not verify licensing, insurance, regulatory status, or the legality of any Professional’s business model and disclaims all responsibility for the same.

11.3. Each Professional represents and warrants that:

a) they are duly qualified, trained and, where required, licensed and insured to provide the Services offered;

b) all information supplied on the Platform is accurate, complete, and not misleading;

c) they will obtain and maintain all required consents (including veterinary consents where applicable) before providing Services; and

d) their marketing and performance of Services comply with law (including advertising, consumer, health, safety, and data protection laws).

11.4. Professionals must maintain appropriate professional indemnity/liability insurance (and animal/venue public liability where applicable) with reputable insurers in coverage amounts customary for their profession and territory.

11.5. Professionals are solely responsible for ensuring that any Products offered via the Platform are safe, compliant with applicable law, and accurately described. Equigate is not responsible for verifying or approving Products.

12. CLIENT RESPONSIBILITIES

12.1. Professionals are required to provide Services as set out in the relevant Professional Contract (including any Professional Terms of Sale).

12.2. We require our Clients to ensure that all information provided by them for the Equigate Platform is accurate, complete and not misleading in any way.

12.3. Nonetheless, we cannot verify the information, which Clients provide. It is the responsibility of the Client to ensure all of their information disclosed prior to, at and post appointment are accurate. Professionals have legal rights in relation to misrepresentation or inaccurate information disclosed. Nothing in these Terms and Conditions will affect these legal rights.

13. REGISTRATION AND FEES

13.1. In order to create an Account on the Equigate Platform as a Professional you should download the Equigate App or go to the Equigate website.

13.2. You will be required to provide the relevant information to Equigate and Stripe upon registration.

13.3. There is an opportunity as a Professional to have a 30-day free trial. Upon completion of that 30-day free trial your subscription will not automatically be renewed, and you will not be automatically charged. It is the Professional’s responsibility to then choose their preferred subscription.

13.4. If the Professional subscribes via the Equigate website (https://equigate.com/), the Account Packages are set out below:

Monthly Subscription - £40 pcm

Annual Subscription -£400 per year

Custom Package - 10 units - £10 OR 20 units - £20

13.5. If the Professional subscribes via the Equigate App the Account Packages are set out below:

Custom Package - 10 units - £11.99 or 20 units - £22.99

13.6. When Custom Package units have run out, use of the App is suspended until more units are purchased.

13.7. Under the governing law you will not be entitled to any refunds should you cancel your subscription.

14. OBLIGATION TO PROVIDE ACCURATE INFORMATION

14.1. You must provide accurate and complete information to Equigate and keep this information up to date through the Equigate Platform. Equigate may verify the information that you provide and may refuse use of the Equigate Platform without providing reasons or suspend your account without notice.

14.2. Under no circumstances should an individual set up a false account or provide false information in relation to their identity or their ability to provide the service that they are professing to specialise in, however, it is not for Equigate to verify your qualifications and Equigate will bear no liability for Professionals who carry out Services without the correct qualifications.

14.3. If a Professional is found to have provided false information, their account will be deleted with immediate effect and without notice, and the individual would be permanently banned from the platform. Equigate reserves the right to report any such conduct to the relevant authority or governing body of that profession.

15. PROFESSIONAL TERMS OF SALE

15.1. Professionals are solely responsible for uploading, maintaining, and making available their Professional Terms of Sale (including cancellation, refund, and no-show policies) through the Platform in a manner visible to Clients. Equigate accepts no responsibility if a Professional fails to upload their Terms of Sale, uploads them incorrectly, or fails to ensure they are visible or agreed to by the Client.

16. SERVICE COMMUNICATIONS

A) With Equigate Platform

16.1. You agree to receive correspondence from Equigate on the contact details provided when registering for the service.

16.2. You further agree that these messages may include promotional content as well as information about your account and appointment(s).

16.3. For information on how we use your personal information, and about promotional and marketing messages, please refer to our Privacy Policy.

B) With Client and Personal User

16.4. Equigate has an internal communication system whereby you can contact Clients directly.

16.5. You agree to receive notifications from the Client on the phone number you provided when registering for the Service.

16.6. For information on how we use your personal information, and about promotional and marketing messages, please refer to our Privacy Policy.

17. BOOKING SYSTEM

17.1. The Equigate Platform allows you to communicate with Clients and enables you to make an Appointment(s). You may check and correct any errors before confirming your Appointment.

17.2. To book an Appointment for the Client you must message the Client through the Internal Communication System. The Professional will then make the Appointment in their Diary.

17.3. Professionals will provide Terms of Sale (including any Deposit Policy, Cancellation Policy or No-Show Policy) should they wish to rely on the same.

17.4. When you create an Appointment, it will show in the Equigate Diary and hold the relevant appointment details such as the profile of the animal or Client.

18. PAYMENT PROCESS

18.1. Clients or Professionals continuing to use the Equigate platform consent to the Terms and Conditions set out by Stripe.

18.2. Equigate uses third-party Payment Processor ("Stripe") to take payment for the Services Accessed on the Equigate Platform. The processing of payments or credits, as applicable, in connection with your use of the Equigate Platform will be subject to the privacy policies, terms and conditions and other terms of our Payment Processor and your credit card issuer (in addition to these Terms & Conditions).

18.3. Equigate takes reasonable care to ensure that the Equigate Payment Services are available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to the Equigate Payment Services, nor can we guarantee that the facility is virus or error free as this is a third-party service.

18.4. Equigate is not responsible for any errors by the Payment Processor. Access to the Payment Processing may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions and will do what we can to restore the facility as soon as reasonably possible.

18.5. The only automatic transactions that will be taken are the monthly subscription fees on behalf of Equigate.

18.6. Stripe takes a fee from each transaction of 1.5% + £0.20 for standard UK cards or 2.5% + £0.20 for EU cards. The Professional should refer to the Stripe website for correct fees relevant to their location. These transaction fees are subject to change and at the sole discretion or Stripe.

18.7. Equigate does not control and is not responsible for price changes implemented by Stripe.

18.8. The Professional acknowledges that they are responsible for any price increase set out by Stripe.

18.9. Equigate will make reasonable efforts to inform the Professional of any third-party price increase, however Equigate shall not be held liable for delays in such notifications or any consequences thereof.

18.10. The Professional should refer to the Stripe website for up-to-date fees.

18.11. Payments are facilitated by Stripe; Equigate is not the seller of Services and is not a party to any payment dispute between Client and Professional. Chargebacks, refunds and reversals are governed by Stripe’s policies and the Professional’s Terms of Sale.

19. TAX AND ACCOUNTING

19.1. The Professional is solely responsible for any indirect taxes (for example sales tax, VAT, GST, or service tax) on the total value of an Appointment, plus any adjustments for additional goods or services sold or discounts applied, where applicable.

19.2. Equigate Platform accepts no liability for the tax or accounting of its Professionals, as the Equigate Platform is merely an agent

20. APPOINTMENTS, CANCELLATIONS & REFUNDS

A) Rescheduling an Appointment

20.1. Clients may reschedule an Appointment after Confirmation by contacting the Professional directly.

20.2. Rescheduling is only permitted if the Appointment is not due within a timeframe determined by the Professional in their Terms of Sale.

20.3. The interval for rescheduling will be set out in the Professional’s Terms of Sale and confirmed at booking. Rescheduling is subject to the Professional’s availability.

B) Cancellations

20.4. Clients may cancel an Appointment through the Equigate Platform by contacting the Professional directly. Cancellations are only permitted if not due within the timeframe stated in the Professional’s Terms of Sale.

20.5. Professionals may apply either:

• Cancellation with a fee – charging in line with their Terms of Sale; or

• Cancellation without a fee – at their discretion.

20.6 Professionals may also implement a No-Show Policy, allowing them to invoice up to 100% of the Appointment value if the Client fails to attend.

20.7 All cancellation and refund entitlements are governed by the Professional’s Terms of Sale. Equigate has no liability or authority over these policies.

21. ACCOUNT DELETION

21.1. Account Deletion requests can be made on the Account Settings section of the Equigate Platform.

21.2. Any requests for account deletion may be denied at the discretion of the Equigate Platform where there are outstanding fees or upcoming appointments. If your account deletion request has been denied and you are unsure why, please contact Equigate.

21.3. Your Account Deletion may take up to 31 days to be approved.

21.4. Upon deletion of your Account all associated data, including invoices will be permanently deleted and will be unable to be recovered. The Professional must ensure that they definitely wish to delete their account and associated data before doing so. It is the responsibility of the Professional to save and store all relevant data prior to Account Deletion.

SECTION D – Human Therapy Services – Additional Conditions

22. Equigate may request that Professionals provide evidence of qualifications or registration, but Equigate does not verify, monitor, or guarantee compliance with regulatory requirements. Responsibility for ensuring lawful and compliant practice rests solely with the Professional.

23. Professionals warrant that they are duly licensed, insured, and qualified to provide the Services offered, and will not provide Services outside the scope of their professional authorisation.

24. Professionals must maintain appropriate professional indemnity and liability insurance for human therapy Services and provide evidence on request.

25. Equigate does not provide medical advice. Clients should consult a qualified healthcare professional before relying on or undertaking any treatment. The Services offered via the Platform are solely between the Client and the Professional.

26. Equigate reserves the right to suspend or terminate a Professional’s access to the Platform where it becomes aware of any investigation, suspension, or sanction by a regulatory body.

27. Clients must make the Professional aware of any and all factors that may affect treatment and/or diagnosis.

28. Professionals do not take appointments with Clients under the age of 18, (without the written consent of a guardian or parent over the age of 18 or without the presence of an appropriate adult at the appointment).

29. Any information shared with Professionals will be regarded as confidential. Unless required by law, Professionals must undertake not to, at any time, either directly or indirectly use or disclose any information the client shares with them.

30. Equigate hold no liability for the quality or effectiveness for the treatment received and any issues arising from treatment are to be resolved directly between the Professional and the Client.

31. Professionals may cease sessions for Clients at any time, should they reasonably believe that Clients have not provided them will all required information or are not following recommended advice.

32. Please refer to each Professional for their own full Terms and Conditions.

SECTION E – General Terms

33. ENTIRE AGREEMENT

33.1. These Terms and Conditions constitute the Entire Agreement between the Equigate Platform and Professionals and the Equigate Platform and Clients.

34. NO REPRESENTATION/ NO RELIANCE

34.1. The user acknowledges that this Terms and Conditions has not been entered into in reliance wholly or partly on any statement or representation made by or on behalf of Equigate except any such statement or representation expressly set out in these Terms and Conditions.

35. NO WAIVER

35.1. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

36. SEVERANCE

36.1. If one or more of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable by a valid authority, those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

37. DATA PROTECTION

37.1. Roles of the Parties - For personal data a Professional processes about their Clients, the Professional acts as an independent controller. For personal data Equigate processes to provide the Platform, Equigate is an independent controller (or a processor where expressly stated in a separate Data Processing Addendum (“DPA”)).

37.2. Users (Clients and Professionals) are solely responsible for complying with all applicable data protection and privacy laws (including the UK GDPR, EU GDPR where applicable, and the Data Protection Act 2018), including but not limited to:

a) establishing a lawful basis for processing;

b) providing required privacy notices;

c) obtaining valid consents where necessary; and

d) implementing appropriate security measures.

37.3. Special Category/Health Data - Professionals collecting or processing health information (including data relating to human therapy, animal therapy, or related conditions) must obtain clear, informed consent from Clients and comply with all applicable health data protection obligations (e.g. GDPR special category data rules).

37.4. Where Equigate acts as an independent controller, it will process personal data in accordance with its Privacy Policy. Where Equigate acts as a processor on behalf of a Professional, the DPA forms part of these Terms. Equigate has no obligation to monitor or enforce Users’ compliance with data protection law.

37.5. Users are responsible for ensuring the security of the data they upload, store, or otherwise process through the Platform, including by implementing access controls, secure storage, and appropriate retention/deletion practices.

37.6. Users shall indemnify and hold harmless Equigate from any claims, liabilities, fines, losses, or damages arising out of or in connection with their non-compliance with applicable data protection laws.

38. USER DISPUTES

38.1. Clients and Professionals are solely responsible for disputes between them. Equigate may, but is not obliged to, assist with information or tools; Equigate does not adjudicate disputes.

39. THIRD PARTY

39.1. Certain components of the Services may be provided by Third Parties and are subject to separate Terms and Conditions. You must agree to those Terms and Conditions before accessing or using such Third-Party products, and you must comply with such Terms and Conditions. We may modify, remove or replace such Third-Party products or components from time to time.

40. EXCLSUIVE JURISDICTION

40.1. Each party to this agreement irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this agreement, including any question regarding its existence, validity, formation or termination. For these purposes, each party irrevocably submits to the jurisdiction of the courts.

41. FORCE MAJEURE

41.1. Neither party is liable for any failure or delay in performing our obligations where such failure or delay results from any because that is beyond the reasonable control of that party. Such causes include, but are not limited to industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

41.2. If the delay continues for a period of 90 days, either party may Terminate or cancel the transactions to be carried out under these Terms and Conditions.

42. GOVERNING LAW

42.1. These terms are governed by and construed in accordance with the governing law of England and Wales.

43. HEADINGS

43.1. The headings are for organisational purposes only. They have nothing to do with the interpretation or meaning of the clauses themselves.

44. AMENDMENT

44.1. We reserve the right to amend these Terms and Conditions as and when it is deemed necessary.

45. LIBAILITY

45.1. Equigate accepts no liability for any failures or negligence on the part of either party. Equigate is solely a facilitating platform enabling engagement between the Professional and Client and is not responsible for ensuring either party fulfils their obligations borne out of the provision of the service.

45.2. Equigate is not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the Order Request for:

a) any indirect, special, or consequential loss, damage, costs, or expenses or

b) any Damage to individual, Animal or Property

c) any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or other third-party claims; or

d) any failure to perform any of our obligations if such delay or failure is due to any cause.

e) any losses caused directly or indirectly by any failure or your breach in relation to your obligations.

45.3. To the maximum extent permitted by law, Equigate’s total aggregate liability arising out of or in connection with the Platform shall be limited to the total subscription fees paid by the claimant to Equigate in the 12 months preceding the event giving rise to the claim.

45.4. Where a Professional offers Products for sale via the Platform, the contract of sale is solely between the Professional and the Client. Equigate is not the seller of any Products, does not verify Product descriptions or suitability, and makes no warranties as to their quality, safety, compliance, or fitness for purpose. To the maximum extent permitted by law, Equigate disclaims all liability for any claims, losses, damages, or issues arising out of or in connection with Products purchased via the Platform.

45.5. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by Equigate negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

46. PROMOTIONS

46.1. From time to time, Professionals may display their own discount codes, promotional offers, or pop-up marketing via the Platform. Equigate is not responsible for, and does not endorse, any such offers, promotions, or discount codes. Any promotional terms are solely between the Client and the relevant Professional.

47. INDEMNITY

47.1. Each Professional shall indemnify, defend, and hold harmless Equigate, its officers, employees and affiliates from and against all claims, demands, actions, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:

(i) alleged or actual non-compliance with laws, regulations, licensing, scope-of-practice or professional standards;

(ii) the provision or marketing of Services, including negligence or misconduct;

(iii) information provided by the Professional via the Platform;

(iv) intellectual property or privacy violations in content the Professional supplies; or

(v) taxes owed by the Professional.

47.2. Clients shall indemnify Equigate for claims arising from content they provide, intellectual property or privacy violations or misuse of the Platform.

47.3. By using Equigate you agree to compensate the indemnified party, in the event that you are an indemnifying party.

48. TERMINATION OF THE TERMS

48.1. Equigate may at its discretion terminate your account or use of its service at any time without prior notice. You are personally liable for any outstanding costs that you incur prior to termination.

48.2. If Equigate reasonably suspects that a User has created an account for the purpose of copying, scraping, or otherwise misusing the Platform, Equigate may suspend or pause the account and require the User to provide verification of identity and legitimate use. Equigate reserves the right to terminate accounts that are used in breach of these Terms.

49. INTELLECTUAL PROPERTY & IMAGE USE

49.1. All images, graphics, designs and other visual content (“Images”) displayed on our website and app are the exclusive property of Equigate or are used under the appropriate licenses. These Images are protected under the Copyright, Designs and Patent Act 1988 and other applicable intellectual property laws.

49.2. Neither Clients, Professionals nor other users of the website or app under any circumstances may:

a) Copy, download, reproduce or modify any Images without our express written permission

b) Distribute, publish, transmit or otherwise make available any Images to third parties

c) Use any Images for personal or commercial purposes, including but not limited to advertising, marketing or resale without obtaining prior written consent from us

d) Remove, alter or obscure any copyright notices, watermarks or other proprietary markings on the Images

49.3. Unless expressly stated otherwise, the Client’s Professional’s use of our website and app does not grant them any rights, titles or interest in or to the Images. Any unauthorized use of our Images may result in legal action under Copyright, Designs and Patents Act 1988 and other relevant laws.

49.4. We actively monitor the unauthorised use of our Images and reserve the right to take legal action, including but not limited to:

a) Seeking damages for copyright infringement under Copyright, Designs and Patents Act 1988

b) Applying for an injunction to prevent further unauthorized use

c) Issuing Cease-and-Desist notices

d) Reporting violations to the relevant authorities and digital enforcement agencies

49.5. If you become aware of any unauthorised use of our content, including images, branding or logo misuse, please contact us immediately.