TERMS AND CONDITIONS (“TOCs”)
Welcome to ‘HorseTelex’ (“HorseTelex Portal or Portal”). This Portal is being offered by HorseTelex BV (hereinafter “HorseTelex”), a limited liability company incorporated under the laws of The Netherlands.
BY CLICKING ON THE “I AGREE” BUTTON IN THE PORTAL YOU HAVE READ AND UNDERSTAND THE TOCS INCLUDING DISPUTE RESOLUTION AND AGREE TO THESE TOCS WHICH WILL LEGALLY BIND YOU.
IF YOU DO NOT AGREE TO, OR CANNOT COMPLY WITH, THESE TOCS YOU CANNOT USE, DOWNLOAD, OR MUST STOP USING, THIS PORTAL.
We, HorseTelex (hereinafter: “HorseTelex”, “we”, “our,” or “us”) have developed these TOCS that enable you (the “User”), to authenticate to HorseTelex’ Portal using a single pair of username and password (single sign on).
If you agree to these TOCS, by clicking on the “I AGREE” button, you are granted a worldwide, non-exclusive, terminable licence at no charge for your use of our HORSETELEX Portal. If you are using the HORSETELEX Portal on behalf of your employer, you represent and warrant that you have the authority to bind your employer to these TOCS.
These TOCS set out the applicable legal conditions on which HorseTelex provides you access to the HorseTelex Portal.
These TOCS determine the relationship and usage policy between you and HorseTelex. They do not create any rights for any other third-party beneficiary, except as authorised by the relevant parties.
The HorseTelex Portal, including any horse data, information, graphic, design, artwork, text, video clip, audio clip, trademark, logo, service mark and/or other content provided on, in or through the HorseTelex Portal are owned by HorseTelex and protected under both Dutch and foreign copyright, database, trademark and other laws, including Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases and all of its successor laws.
The HORSETELEX Portal may display some content, features and software from parties other than HorseTelex. This content, while it may be subject to review from a legal perspective, remains the sole responsibility of the third-party that provides it. Any content that is determined to be in violation of laws or our policies will be removed.
The HorseTelex content is for informational purposes only. Your use of the HorseTelex Portal does not constitute or create a breeding consultation relationship between you and HorseTelex. The HorseTelex Portal is non-decision support software, which is intended to provide you with information about sport horses.
In order to use the HorseTelex Portal, you will be required to open a HorseTelex digital Account. You are required to provide registration data about Yourself when opening the HorseTelex Account ("Account Data"). By using our HorseTelex Portal, you agree to provide accurate, current, and complete Account Data and to update it as required to keep it accurate, current and complete.
Without in any way limiting or abrogating the HorseTelex Privacy Notice, you agree that HorseTelex may store and use the Account Data you provide for use in maintaining your account and providing the HorseTelex Portal. You are solely responsible for any and all activity that occurs via your account, for providing and maintaining accurate Account Data and for maintaining the confidentiality of your password. In case of any unauthorized use of your password or account, you must notify HorseTelex immediately.
YOUR DATA AND YOUR PRIVACY
HorseTelex Privacy Notice will also set out the ways and manners in which we collect and use technical data from the device through which you use the HorseTelex Portal. HorseTelex has taken measures it believes are appropriate or are commonly accepted to ensure the security and confidentiality of any information that you provide while accessing the HorseTelex Portal. Please note that website or internet transmissions are never entirely private or secure and that any message or information you send using the HorseTelex Portal may be read or intercepted by others, including malicious third parties, despite special notices specifying that a transmission has been encrypted.
SUPPORT AND COMMUNICATIONS
We may serve you important announcements and updates and other information pertaining to changes in our HorseTelex Portal, their functionality, our policies, or any other information we deem necessary to communicate with you. You may be provided an option to opt out of some of these communications.
How we will communicate with you - If we have to contact you, we will do so by Email, as agreed by you in prior, using the contact details you have provided to us.
User Guidance and Technical Support - If you have questions as to the use of the Portal or if you experience any technical problems you may contact us by email (firstname.lastname@example.org).
The right to use the HorseTelex Portal is granted to you personally on an exclusive level. You may not transfer such rights to someone else, whether for money, or services of value, or for free.
By adding information and/or data and/or (audio)visual elements to the HorseTelex Portal, you guarantee:
If you use our HORSETELEX Portal on behalf of a business entity, such use implies that the entity accepts these TOCS. The entity will indemnify HorseTelex and all its affiliates, employees, and agents, from any claim, suit or action arising from or related to the use of these HorseTelex Portal, including any liability or expense arising from claims, losses, damages (as listed below), suits, judgments, litigation costs and attorneys’ fees.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the HORSETELEX Portal shall belong to HorseTelex absolutely and in their entirety. These rights include database rights, trademarks (whether registered or unregistered), copyrights, design rights (whether registered or unregistered), service marks (whether registered or unregistered) and other rights to intellectual property wherever applicable in specific countries and regions, along with the right to apply for protection of the same.
Subject to your adherence to the TOCS, the rights to use the HORSETELEX Portal are licensed (not sold) to you in a limited, revocable, non-exclusive manner. You retain no intellectual property rights in, or to, the HORSETELEX Portal other than the right to use them in accordance with these TOCS. You may not use any content from our Portal unless permission is explicitly obtained from HorseTelex in writing..
Our licence for you to use HORSETELEX Portal as set out in these TOCS is contingent on your agreement to comply with all applicable laws in your country which govern your use of the Portal. Ergo, you will not:
LIMITATION OF LIABILITY
Your use of the HORSETELEX Portal is at your own risk. HorseTelex is not liable for any damage that may result in downloading and using HORSETELEX content offered to you free of charge or, for damage that was caused by you, including you failing to correctly follow instructions for use or to have in place the minimum system requirements advised by us.
To the extent permitted by applicable laws, we are not liable to you under these TOCS for any special, incidental, punitive, consequential or other indirect or exemplary damages arising in any way out of the use of the HORSETELEX Portal or under these TOCS including, without limitation, lost profits, lost business, business interruptions or loss of business opportunity, whether in tort, contract or otherwise, even if you have been advised of the possibility of such damages including but not limited to the mistakes, omissions in, or any delay of transmission of, breakage of services by telecommunication partners, or viruses, whether caused in whole or part by acts of God, negligence, terrorism, war, theft, pandemic, destruction or unauthorised access to the HORSETELEX Portal.
We are not liable for any information provided by the HORSETELEX Portal - Although we make reasonable efforts to update the information provided by the HORSETELEX Portal, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, reliable or up to date. The Portal features are provided ‘as is’ and ‘as available’ without warranties or guarantees, whether express or implied. HorseTelex does not warrant that the HORSETELEX Portal will meet your requirements, be virus or error-free and uninterrupted.
WHEN WE MAY END YOUR RIGHTS TO USE THE HORSETELEX PORTAL
The HORSETELEX Portal is available free of charge and is for informational purposes only. We make no representation that we will continue to make it available, support and/or update it indefinitely. If we decide to cease so making it available, support and/or update it, we will give you as much notice as is reasonable in the circumstances. This would end your access to the Portal.
We may also terminate your rights to use the HORSETELEX Portal at any time by contacting you if we determine that you have violated these TOCS. This termination may be put on hold or reversed if your violation can be corrected within a grace period provided to you at HorseTelex’ sole discretion. In case we terminate your rights to use the Portal you must stop using the Portal.
TRANSFER OF THIS AGREEMENT
HorseTelex may transfer its rights and obligations under these TOCS to another organisation or entity at any time on its accord. As a User, notification of such a transfer will be communicated by HorseTelex to you if it occurs. The transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these TOCS to another entity subject to our consent, where such consent shall be considered valid if shared via written communication only.
This TOCS does not give rise to any rights to a third party to enforce any term of these TOCS. If any one or more provisions of these TOCS is held to be invalid, illegal or unenforceable, the provision shall be considered severed from these TOCS and shall not serve to invalidate any remaining provisions hereof.
Any delay in enforcing these TOCS does not invalidate our right to enforce them at any later point in time. If we do not enforce provisions of this TOCS immediately, or if we delay in taking steps against you for violation of any provision of this TOCS, your obligation to adhere to its provisions remains valid, and our right to enforce the TOCS and take necessary measures at a later point in time, remains valid.
APPLICABLE LAW AND DISPUTES
If you reside in a country which requires consumer contracts to be governed by local law (e.g. Member States of the European Union), then any claims against us will be governed by your local law, excluding the choice of law provisions. In all other cases, Dutch law shall apply, excluding the choice of law provisions. You may resolve any claim in the competent court of your country of residence. In all other cases, the courts of Arnhem (The Netherlands) will have exclusive competence over your claim.
UPDATE AND CHANGES TO THE HORSETELEX PORTAL
From time to time we may request you to update the HORSETELEX Portal to improve performance, increase functionality, reflect changes to the operating system or address security issues. However, we are under no legal obligation to update the HORSETELEX Portal. If you choose not to use such updates you may not be able to continue using the Portal.
CHANGES TO THESE TOCS
We may need to change these TOCS to reflect changes in law or best practice or to deal with additional features which we introduce. In such events, such modifications shall be binding on you only upon your acceptance of the modified TOCS. We will notify you in advance of any change by communicating to you in prior, with details of the change. If you do not accept the notified changes you will not be permitted to continue to use the HORSETELEX Portal. Unless material changes are made to the dispute resolution clause provided herein, you agree that modifications of these TOCS does not create a renewed opportunity to opt out of the dispute resolution clause.