Terms and Conditions
These Terms and Conditions relate to and apply to your use of the Horsify Service. Horsify encourages you to read these Terms and Conditions carefully so that you understand what your rights and obligations are. Hereafter, Horsify will be referred to as "Horsify", "we", "us" or "our".
Article 1. Definitions
- A publication prepared by the user, intended to use the service for a certain period of time
- Price for advertisements
- The price paid by the user for the use of the service for a certain period of time.
- Advertising agreement
- Upon conclusion of the payment for the purpose of placing an advertisement, the advertising agreement is concluded
- Advertising package or packages
- The possibility to use the service for a certain period of time
- The user who uses the service by placing an advertisement for his horse
- Introductory price
- The price paid by the user for using the service
- General experience
- The general impression left by another user on the user in question
- General Terms and Conditions
- These general terms and conditions of Horsify
- An experience report written by another user about the user in question based on the contact that took place
- Viewing (or introduction)
- Viewing and/or riding of the horse on site and under the guidance of the owner by the rider or groom with the goal of getting to know the horse and the owner and coming to a riding partnership, loan, lease or similar agreement
- Address for viewing
- The place or address where the horse can be viewed.
- Viewing request
- Request for a viewing by a rider or groom or reference person that can be sent to the owner through the platform
- Horse riding participation
- Riding on the horse on the spot, also for a fee
- Riding participation, loan, leasing or similar contract
- The contract concluded between the rider or caregiver and the owner for the use of the horse
- Riding participation/loan contract
- Use of the owner's horse in exchange for (shared) living expenses.
- Communicate in a timely, friendly, clear manner and with an eye for the needs of the other user
- Contact request
- Requesting information from a rider or caregiver to the owner that can be sent through the platform
- Any information placed on the platform by Horsify and/or the user, including but not limited to the layout and look and feel of the platform, the logos, trademarks and certain text included, as well as the profile and data provided based on the profile, including but not limited to the profile picture and/or riding or grooming video, advertisements and reviews
- Offering the horse for use or use of the horse on the basis of a riding share, loan, rental or similar agreement
- Third party(ies)
- Any person and/or entity other than Horsify and/or its affiliates, persons, and the user
- The service provided by Horsify to you, which consists of providing a platform to enable the leasing, rental, and free use or provision of horses and riders between individuals and/or businesses, including, but not limited to, through the creation, use, and display of a profile and / or the placement of advertisements view and/or respond to
- The horse-related services provided by a rider or groom through the platform. This includes horse riding and / or grooming or similar services.
- The legal owner of the horse who acts as a user and offers the horse for use through the platform
- The natural person who has created a profile on the platform for the use of the service
- User name
- The name that a user stated in the profile and is visible to other users
- Verified User
- The user who has been verified by Horsify, if the verification was based on a combination of checks of various data provided by the user
- The limited liability company Horsify B.V. with its registered office at Laan van Kronenburg 14, 1183 AS, Amstelveen, The Netherlands.
- Intellectual property rights
- All current and future: Copyrights, (non-)registered trademark rights Software rights, database rights, patents (pending and granted), domain names, (non-) registered design rights, trade name rights, related rights, know-how, design and invention rights, trade secrets and other rights (including: the rights to slogans, advertising features and concepts) of Horsify.
- Advertisements (see Advertisements)
- Horse riding participation contract
- Use of horse for a fee, whether or not in combination with user fees
- The possibility to use the service for a certain period of time
- Membership fee
- The price paid by the user for the use of the service
- Membership agreement
- When the payment is completed for the purpose of using the service, this agreement comes into effect
- Cleanliness and reliability
- Comply with agreements and handle the horse or rider and accessories carefully, hygienically and consciously
- Living expenses
- The cost of maintaining the horse
- Tailor made agreement
- The riding participation, loan or leasing agreement made available through Horsify to all users who have placed an ad
- Any agreement entered into between Horsify and the user with respect to the provision of the service
- The horse offered for use
- Horse friendliness
- Consideration of the needs and feelings of the horse and conscious action within the framework of horse protection
- The platform, accessible through the Horsify website and underlying pages, that allows you to use the service
- Professional agreement
- The riding participation, loan or lease agreement made available through Horsify to users who have placed an ad
- An individual profile page created and managed by you when you sign up as a user on the platform
- Profile picture
- The photo uploaded by the user in the profile and visible to other users
- Riding or grooming video
- A video in which the user is visible while riding and/or grooming a horse
- The user of the platform who is looking for a horse to ride
- The price charged by the owner for the use of the horse
- A combination of verifications of various data provided by the user
- The user of the platform who is looking for a horse to groom
Article 2. Applicability
These General Terms and Conditions apply to the service.
2.1 Horsify may change or amend the Terms and Conditions at any time. You will find the most current Terms and Conditions on the platform. If there is a change to the Terms and Conditions, you will be made aware of the new Terms and Conditions the next time you use the platform. If you continue to use the platform after these General Terms and Conditions have been amended or supplemented, you hereby irrevocably accept the amended or supplemented General Terms and Conditions. If you do not agree to the amended or supplemented Terms and Conditions, you may stop using the Service and delete your profile.
2.2 As a result of the service, a viewing may take place between the rider or caretaker and the owner. Horsify is not a party to this visitation. Users must resolve disputes on their own.
2.3 As a result of the service, a riding participation, lease or similar agreement may be concluded between the rider or groom and the owner. Horsify is not a party to the formation of the riding participation, lease, co-contract, or similar agreement, including but not limited to the viewing that takes place. Users must resolve disputes on their own.
2.4 These Terms and Conditions apply between Horsify and the user of the Horsify service. Other documents and available information on the Platform are for informational purposes only.
Article 3. Registration and profile
3.1 To use the service, you must register as a user and create a profile.
3.2 You warrant that all information in your profile is correct, complete, current, accurate and relevant. It reflects a current and truthful image of you as a person. You acknowledge that the accuracy and completeness of the data provided is of great importance for the (optimal) functioning of the platform and the service. You acknowledge that you are fully responsible for the accuracy and completeness of the data provided and that you have permission to place the information in the profile, including the profile picture and riding or grooming videos, and for any consequences of incorrect, incomplete or outdated data in your profile. You acknowledge that any damages caused by you, Horsify or any third party as a result of your incorrect, incomplete or outdated information in your profile (including, but not limited to: not having the rights to the content placed in your profile) shall be entirely at your expense and risk, unless otherwise provided by mandatory law.
3.4 It is not allowed to register as a user more than 1 (once) and/or to create multiple profiles on the platform at the same time, unless a person wants to manage both a private and a business profile. In this case, both a private and a business profile may be created.
3.5 You are responsible for keeping your username and password combination confidential. You may not disclose your username and/or password to third parties or allow third parties to access your profile in any way. You are liable for any use of the Platform through your username and password. Horsify may assume that you are in fact the one logging in with your username and password. As soon as you have reason to believe that a username or password has fallen into the hands of unauthorized persons, please notify Horsify as soon as possible. In addition, you are required to take effective measures, such as changing the password.
3.6 Horsify is free to remove a profile or ad at any time, including but not limited to complaints about the user that Horsify receives from other users or in the case of impersonation.
3.7 You are not permitted to include any text or photo in the profile that includes a phone number, last name, company name or address.
3.8 It is not allowed to insert a text or a photo in the profile that contains a URL or a part of a URL.
Article 4. Requirements for the rider or groom
4.1 The following conditions apply to the registration as a user and the use of the service:
- a) You are at least 16 years old;
- b) You are in possession of a valid proof of identity (passport, driver's license or ID card) and are willing to share this information (excluding social security number) if requested by Horsify for verification purposes;
- c) You have legal means to make a payment on the platform;
- d) You have filled out your profile completely, truthfully and uploaded a recent photo of yourself as a profile picture in your profile that meets the requirements set for this purpose;
- If you have added a profile picture and/or a riding or grooming video to your profile in which you are visible with a horse that you do not own, you have the owner's permission for the publication of the profile picture, riding or grooming video and Horsify's further use of the profile picture and/or riding or grooming video, including but not limited to the use of such material in social media statements, whether or not involving third parties with whom Horsify is working;
4.2 By registering as a user and using the service, you warrant that you meet (and will continue to meet) all of the above requirements. If you do not (or no longer) meet any of these requirements, you may no longer use the service as a user and Horsify will be entitled to exclude you from using the service and delete your profile. You shall be liable for all damages and costs incurred by you with respect to Horsify and/or third parties as a result of your failure to (or your failure to) comply with the above requirements.
4.3 Horsify's services are only accessible to underage users 16 years of age or older if they have obtained permission from their legal representative. Such legal representatives are aware of Horsify's intent and that contact information may be provided through the Platform.
4.4 Horsify reserves the right to impose additional requirements and/or conditions on the use of the service and/or your registration as a user, for example, but not exclusively for the purpose of verifying identity (data).
Article 5. Requirements for the provision of the owner and his horse
5.1 For a registration as a user and the possibility to place an advertisement, the following conditions apply in addition to the conditions stated in Articles 3 and 4:
- a) All horses offered for use must be registered in your profile;
- b) You have an age of at least 16 years;
- c) You guarantee that all horses offered by you are owned by you.
5.2 If at any time you or the horse no longer fully comply with the above mentioned requirements, you are obliged to remove the horse from your profile and to refuse or cancel any pending viewing requests.
5.3 Horsify is entitled to remove the horse from the platform at any time if there is suspicion and/ or evidence that a horse no longer meets the requirement set forth in Article 5.1 c).
5.4 The owner is not allowed to add telephone numbers or websites to an advertisement.
5.5 The owner is not permitted to offer a horse through the platform to a user and/or to enter into a riding participation, loan, rental or similar agreement with a user who is a family member of the owner (including but not limited to parents, siblings, children) and/or is temporarily or permanently part of the same household.
5.6 Horsify has the right to refuse and/or delete your registration as a user or the advertising of a horse without giving any reason.
5.7 You accept that you are and remain fully responsible for offering the horse, setting the fee, accepting or rejecting viewing requests, using the service, and entering into the riding participation, loan, lease, or similar agreement, including but not limited to viewings that occur with the rider or groom.
5.8 You will respond to the rider's message within 48 hours, even if the rider does not meet expectations. This can be done by email, phone or by using the automatic rejection button in the rider's profile.
Article 6. Requirements for riders and the provision of their services
6.1 For a registration as a user and the possibility to place an advertisement, the following conditions apply in addition to the conditions stated in Articles 3 and 4:
- a) It is not allowed to place any text or photo in the ad that contains a phone number, email address, last name, company name or address. If this is the case, they will be removed by Horsify;
- b) It is not allowed to place any text or photo in the profile that contains a URL or part of a URL;
- c) The above information has been truthfully completed and presents a fair and current picture of you as a rider or groom;
- d) You have completely filled out your ad truthfully and uploaded a current photograph of yourself in accordance with the requirements established for this purpose;
- e) If you have included a photograph and/or riding or grooming video with your advertisement in which you are seen with a horse that you do not own, you have the owner's permission for the publication of the photograph, riding or grooming video and Horsify's further use of the photograph and/or riding or grooming video, including but not limited to the use of such material in social media statements, whether or not originating from third parties with whom Horsify works.
6.2 If you no longer fully comply with the above requirements , as well as the requirements in Articles 3 and 4, or are no longer available for the services, you are required to remove your ad.
6.3 Horsify is entitled to remove the ad from the platform at any time if there is suspicion and/or evidence that you no longer meet the requirement of articles 3, 4 and 6.
6.4 The rider or groom is not permitted to offer services through the platform and/or enter into a riding participation, rental, lease or similar contract with a user who is a family member of the rider or groom (including but not limited to parents, siblings, children) and/or is temporarily or permanently part of the same household.
6.5 The rider or groom is not allowed to offer services through the platform that are not horse-related. The services offered relate to the care of horses, the riding of horses or similar services.
6.6 Horsify is entitled to refuse and/or delete your registration as a user or the advertisement without giving any reason.
6.7 You accept that you are and remain fully responsible for offering the services, setting the fee, using the service and entering into the riding participation, loan, lease or similar agreement, including but not limited to viewing/acquaintance with the owner.
6.8 You will respond to the owner's message within 48 hours. This can be done by email, phone or anonymously via the automatic reject button in the profile.
Article 7. The Platform
7.1 You accept that Horsify provides a platform on which you can contact other users to reach a riding participation, rental, lease contract or a similar agreement. Horsify provides only the platform, but has no knowledge and/or interference with the information (including that) exchanged by you or other users using the platform and the horses and riders made available through the platform. Horsify is not a part in the formation of a riding participation, loan, lease or similar agreement, including but not limited to any visitation that takes place between the owner and the rider or groom for the use of the horse, and assumes no liability.
7.2 Horsify offers the platform "as is". You accept that the service contains only the functionality and other features as you find them on the platform at the time of use. Horsify expressly disclaims express and implied warranties, promises and indemnities of any kind, including but not limited to warranties, obligations and indemnities regarding the quality, completeness, security, legality and accuracy (of use) of the service, the platform and the information provided thereon, except as otherwise set forth in these Terms and Conditions.
7.3 You accept that Horsify is entitled to modify, adapt and/or close the platform or the service at any time without being liable for any damages to you. If you do not agree with the adjustments and/or changes made, you may stop using the service and the platform and delete your profile.
7.4 Horsify does not guarantee that the service will be accessible at all times without interruptions or malfunctions. Malfunctions in the service may also occur, but not exclusively, as a result of internet or telephone connection malfunctions or due to viruses or errors/defects. You accept that Horsify shall not be liable to you for any damages resulting from the (temporary) unavailability or (temporary) failure of the service.
7.5 You accept that Horsify may, without prior notice and without incurring any liability to you thereby, (temporarily) take the service out of service and/or restrict its use if, in its opinion, this is necessary, for example as part of the reasonably necessary maintenance of the platform.
7.6 You accept that Horsify is entitled to remove (your) Ads from the Platform without prior notice and without thereby incurring any liability to you.
7.7 You accept full liability to Horsify and third parties for all information provided or otherwise exchanged by you through your profile in the course of entering into the horse riding participation, loan, rental or similar agreement, including but not limited to any viewing that takes place.
7.8 You accept that Horsify does not and cannot guarantee horses and riders offered through the platform and accepts no liability. You further accept that you cannot hold Horsify liable in any way, except as otherwise expressly stated in these Terms and Conditions.
Article 8. About the use of Horsify
- • will not be pornographic, sexist, obscene, violent, or otherwise contrary to morality, or contain links to websites with such content;
- • will not be discriminatory (in terms of religion, ethnicity, appearance, origin or culture);
- • will not threaten, insult, obstruct, harm other members or third parties in any three ways , or violate the privacy or other rights of third parties;
- • not contain any illegal solicitations, including but not limited to chain letters, junk mail, spam and other unsolicited dissemination of (commercial) information;
- • will not contain advertising in any way without Horsify's prior consent;
- • contain viruses, Trojan horses or other items that may damage or interfere with computer systems;
- • not otherwise be punishable or unlawful or promote or incite criminal or unlawful acts;
- • does not contain discriminatory or offensive comments;
- • does not contain inappropriate language
- • does not contain personal data that can be traced back to an individual person;
- • does not contain inappropriate or harassing behavior towards other users;
- • does not interfere with the undisturbed experience of the user area of others;
- • does not contain commercial messages;
- • does not contain or incite any unlawful activity under Dutch law;
- • are in your name and you do not impersonate any other person;
8.2 You agree that you will not solicit or provide any personally identifiable information about minors (including, but not limited to: Phone numbers, address, email address, password).
Article 9. Changes
9.1 Horsify may change the platform or any part thereof, including but not limited to advertising duration, platform layout, and search options, at any time and in its sole discretion. We will endeavor to provide notice of any such change within a reasonable time before it is implemented.
9.2 Horsify may change advertising rates and membership rates at any time. If during the term of an advertising or membership agreement there is a price increase that exceeds the CBS Consumer Price Index, the user shall have the right to terminate such agreement. Price increases do not affect the advertisements or memberships already placed; these can be used at the same rate during the term.
Article 10. Paid memberships
10.1 The website offers different paid memberships (so called Bronze, Silver and Gold). You pay the price that is indicated on the website for the membership of your choice. Your paid membership starts from the date of payment of the amount of the paid membership you have chosen. Provided your profile has been approved, you will be able to take advantage of the paid membership benefits from that date.
10.2 A paid membership is concluded for a minimum period of 1, 3 or 6 months. Thereafter, the membership is automatically renewed for an indefinite period and is collected monthly through direct debit. You can cancel at any time if you do not want your membership to be renewed monthly after expiration.
Article 11. Prices and payment
11.1 If a membership is terminated prematurely, no refund of the membership fee paid will be made.
11.2 When choosing the membership period, the corresponding price will be announced, if applicable.
11.3 The obligation to pay the price shall apply from the time of placement of the purchase of an advertisement, a membership or a customized agreement.
11.4 If payment is not made on time, Horsify is also entitled to charge statutory interest. In the event that the user in question does not pay the full amount due after receiving a reminder, Horsify is entitled to engage a collection agency and to block Horsify's services for the user in question. The court and out-of-court collection costs shall be borne by the user.
11.5 Horsify may change (parts of) the platform and the service at any time. We may also discontinue our service. We will endeavor to provide notice of any such change or discontinuance within a reasonable time before it is implemented.
11.6 Horsify will charge 21% Dutch VAT on amounts payable for all services provided by Horsify, unless otherwise stated on the platform.
11.7 If you become a member, you owe a membership fee from the moment of membership registration. The SEPA direct debit authorisation (Mollie) also applies from this time. All membership fees are due and payable in advance.
11.8 Payment shall be made in the manner specified by Horsify. Prices include value added tax and other governmental charges.
11.9 All payments to Horsify are final after 14 days and are non-refundable. You hereby agree and consent that Horsify shall not, under any circumstances, refund (in part) or reverse your payment after 14 days have passed. This also applies (but is not limited to) if your paid membership has been/will be cancelled by you or Horsify, or if Horsify no longer meets your expectations. Requests for a refund or chargeback of a payment received after 14 days will not be considered by Horsify.
11.10 If payment is not made within the time limit set therein after the first reminder, Horsify shall be entitled to unilaterally suspend or terminate access to the service with immediate effect at its sole discretion, without prejudice to the right to compensation and the right to collect overdue payments and recover the related collection costs from the user in accordance with the Collection Costs Act.
11.11 Prices stated on the website and possibly elsewhere are subject to change without notice, including in the case of pre-agreed regular payment. If you do not wish to agree to a pre-announced price change, you may cancel your paid membership within 14 days after Horsify notifies you of the announced price change, effective as of the date the price change becomes effective.
11.12 Horsify may adjust prices at any time, provided that we will notify you by email at least fourteen (14) days in advance. If you object to the changed price, you will have the option to cancel or terminate your membership, for example, by using the contact form on our website, subject to the deadline for changes. However, if you do not cancel or terminate your membership and continue to use our products and/or services from the announced date of the start of the changed price, the changed prices will apply to the agreement from that date.
11.13 If you re-subscribe to a paid membership after cancellation, you will pay the (new) prices in effect at that time.
Article 12. Cancellation of membership
12.1 The paid membership can be cancelled by the user at any time. If the user does not cancel the paid membership in time, the contract is automatically extended for an indefinite period.
12.2 The paid membership can be terminated via the website using the button "Cancel membership". The user will receive a confirmation of cancellation to the email address known to Horsify.
12.3 You may use your paid membership until the end of the current billing period. You may cancel your Horsify membership at any time. After you cancel, you will continue to have access to the Horsify Service until the end of your billing period. Payments are non-refundable and we do not offer refunds or credits for partial membership periods. To cancel, go to the Horsify membership page and follow the cancellation instructions. If you cancel your membership, services will be discontinued at the end of your current billing period. To see when your membership ends, click on the Horsify membership page.
12.4 Upon cancellation, you will retain your paid membership until the next billing date, after which your paid membership will be terminated.
12.5 You agree that your information will remain stored on Horsify servers after you cancel your Horsify paid membership or after Horsify staff cancels your paid membership. However, your profile will not be inaccessible to other members or visitors to the site, nor will Horsify send you its own initiated communications. Exceptions to the latter may include bulletins containing information of great interest to you personally, such as security notices.
Article 13. Termination of the membership by Horsify
13.1 You agree that Horsify may, under certain circumstances and without prior notice, terminate your paid membership and/or agreement. Grounds for such termination include (but are not limited to):
- a) violate these general Terms and Conditions,
- b) legal or judicial obligations,
- c) a request from yourself (termination of membership),
- d) discontinuation or substantial modification of the platform www.horsify.com (or any part of it),
- e) unforeseen technical or security problems,
- f) if Horsify receives complaints from other users about your behaviour,
- g) your involvement in fraudulent or illegal activities,
- h) non-payment of any fees payable by you in connection with Horsify,
- i) you are under the age of 16; and/or
- j) sending messages on behalf of another person.
You further agree that any early terminations due to late payment will be made at Horsify's sole discretion and that Horsify will not be liable to you or any third party for any termination of your paid membership.
13.2 If a user violates these Terms and Conditions, abuses these Terms and Conditions, fails to comply with these Terms and Conditions, or fails to comply with the requirements of these Terms and Conditions, Horsify reserves the right to terminate the user's paid membership and immediately modify, suspend or delete the user's profile. The membership fee paid shall then be deemed to be a contractual penalty, without prejudice to Horsify's right to claim compensation for (additional) damages. The user's right to a refund of the membership fee already paid shall thereby expire. Horsify shall inform the user of the blocking or removal, stating the reason.
Article 14. Right of withdrawal
14.1 The user has the right to exercise the right of withdrawal within 14 days after the conclusion of the paid membership. If the user makes use of this right, but has already actually used the paid services of Horsify during this period (e.g. sending messages to other users), Horsify is entitled to charge an appropriate amount for the purchased service. This amount will not exceed the membership fee for the period of up to one (1) month. Horsify expressly requests the user's permission to start the service prior to the expiration of the revocation period and hereby informs the user of the amount that will be charged if the user nevertheless revokes. If the user wishes to exercise the right of withdrawal, the following form (see Article 14.3) must be completed in full and sent to firstname.lastname@example.org.
14.2 The right of withdrawal does not apply in the following cases:
- - the service is, by its nature, immediately provided in full by Horsify (e.g., placement of an ad up) when execution of the agreement has begun with your consent;
- - delivery of digital content not delivered on a tangible medium, when execution has begun with your express prior consent.
14.3 Sample cancellation form:
Complete and return this form only if you wish to withdraw from the contract. If you have agreed to start the service provision during the withdrawal period and you have used the service, Horsify reserves the right to charge a reasonable fee for this use.
[name of company]
[address of the company]
[fax number company, if available]
[e-mail address or electronic address of the company]
- b) I/We* hereby notify you that I/we* revoke my/our* contract for the sale of the following products: [product name]* the provision of the following digital content: [digital content name]* the provision of the following service: [service name]*.
- c) Ordered on*/received on* [date of order for services or date of receipt for products].
- d) [name of consumer(s)]
- e) [Address of consumer(s)]
- f) [Signature of consumer(s)] (only if this form is submitted on paper)
* Delete what does not apply or fill in what does apply.
Article 15. Intellectual property rights
15.1 The user acknowledges and agrees that Horsify is the owner of all intellectual property rights, including intellectual property rights based on, contained in, or arising from the content.
15.2 The user will not infringe Horsify's intellectual property rights. In particular, but not limited to the following: The user shall not use Horsify's trade name and/or (unregistered) trademarks and the content, nor words, images or symbols which, in Horsify's opinion, may imply Horsify's involvement or consent to any written or oral advertising or presentation, brochure, newsletter, books or other published material: unless Horsify has given prior written permission to do so.
15.3 By signing the agreement, the user, to the extent already required at that time, exclusively, unconditionally and without limitation, transfers to Horsify, free of charge and without restriction, the intellectual property rights based on the content, and Horsify accepts such transfer and delivery in advance. To this end, the user grants Horsify a worldwide, royalty-free, unencumbered, (sub)licensable, non-exclusive licence to use and/or publish and further reproduce and otherwise exploit such information on its own behalf.
15.4 If intellectual property rights of third parties are part of the content, for example but not limited to the photos of the horse placed in the advertisement, the user guarantees that he has transferred from these third parties all such intellectual property rights (including personal rights). The user warrants that fees have been paid by the user for such transfer to such third parties as beneficiaries of the Intellectual Property Rights and that the user has permission from the third party to use the content in which the third party Intellectual Property Rights exist as such. Users shall indemnify and hold Horsify harmless from any claims by such third parties for any transfer of the intellectual property rights.
15.5 If Horsify is faced with any third party claims, whether or not under intellectual property rights of such third parties with respect to the user-generated content, the user hereby indemnifies Horsify against all third party claims in this regard and all damages incurred by Horsify in connection with such claims, to the extent permitted by mandatory law.
15.6 In the event that a user reports any infringement of intellectual property rights based on, contained in, or arising from the content, both with respect to its own content and that of other users, the user shall promptly notify Horsify in writing. The user is obliged to provide Horsify - in the broadest sense of the word - with any assistance if and to the extent deemed desirable by Horsify.
15.7 In the event of a disagreement between the parties regarding the intellectual property rights to (parts of) the content, Horsify shall be deemed to be entitled to such rights, subject to proof to the contrary. Horsify may continue the agreed use regardless of the outcome of such dispute.
15.8 If third parties sue Horsify in connection with an alleged infringement of its intellectual property rights, Horsify may, in addition to the options and/or further rights provided for in this article, terminate the agreement with the user in whole or in part, all this without prejudice to its further rights, including but not limited to a right to compensation.
Article 16. Reviews
16.1 Users can be asked to give a rating about another user they have interacted with. The rating given consists of a number of stars and a default text that the user chooses. The rating is publicly visible for a few days after it is submitted.
16.2 Horsify has no influence on the ratings. It may happen that a review does not (fully) accurately reflect the actual situation.
16.3 A review:
- a) Must be done truthfully;
- b) Must refer to the user in question;
- c) Must relate to the advertisement for which the option to rate is offered;
- d) Must not be done with the intent to harm the user in question or otherwise abuse ratings.
Article 17. Liability
17.1 Horsify only has a facilitating role in entering into the riding participation, loan, rental or similar agreement, including but not limited to a viewing, that occurs between users and is never made a party to this agreement, nor is Horsify responsible in any way for the proper performance of the foregoing. Any liability of Horsify shall at all times be limited to defects and/or unlawful acts by Horsify in the services to be provided under the agreement. Notwithstanding the foregoing, if it is determined that Horsify is liable to the users for any damages incurred in connection with the agreement or as a result of any unlawful act or for any other reason, then such liability, including any payment obligations based on Article 6:230 of the Dutch Civil Code and/or Article 6:271 of the Dutch Civil Code, shall at all times be limited in its entirety to what is provided for in this article, it being understood that:
- a) Horsify shall never be liable for damages and/or costs if it turns out that the horse is for any reason not suitable as a horse for the purpose intended by the rider or groom and/or if it turns out that the horse is not sound;
- b) Horsify shall never be liable for damages and/or costs if the owner does not appear to be the legal owner or rightful owner;
- c) Horsify shall never be liable for any injury and/or death and/or loss and/or damage suffered or caused to the horse and/or the horse's accessories;
- d) Horsify shall never be liable for (consequential) damage caused by the horse or incurred during the use of the horse;
- e) Horsify shall never be liable for any information provided by one user to another user later proving to be incomplete or incorrect, including (but not limited to) information contained in the content;
- f) Horsify shall never be liable for any inaccuracy and/or incompleteness of information received by Horsify from third parties or information located on third party websites to which Horsify links;
- g) Horsify shall never be liable for any user's failure to comply with these Terms and Conditions;
- h) Horsify shall never be liable for any errors made by a user in entering into a riding share, loan, rental or similar agreement, including but not limited to profiles, fees and/or horses.
17.2 Horsify shall only be liable for direct damages (as described below) incurred by the user as a result of a defect and/or unlawful act attributable to Horsify under the contract, up to a maximum amount of EUR 1,000. Horsify's total liability per event and for consecutive incidents per calendar year will never exceed EUR 1,000. Direct damage is defined exclusively as:
- a) Damage to property;
- b) Reasonable costs incurred to prevent or limit direct damage which may be expected as a result of the event giving rise to the liability;
- c) Reasonable costs incurred to determine the cause of the damage, the liability, the direct damage and the nature of the repair.
17.3 Any liability of Horsify, except for direct damages, including consequential damages, is excluded. Consequential damages are in this context are to be understood as:
- a) Lost profits, lost savings, reduced goodwill, damages due to business stagnation, losses, costs to prevent or determine consequential damages, loss, replacement or damage of electronic data and / or delay damages arise.
- b) Damages resulting from the termination or suspension of the service, the removal of a profile and/or the closure of the platform;
- c) The unavailability or incompleteness and/or secure availability of the platform or parts thereof;
- d) Incorrect information on the platform;
- e) Changes to Horsify's services or changes to or on the Platform.
17.4 The limitations of Horsify's liability contained in this Article are not intended to exclude Horsify's liability for wilful misconduct and/or wilful recklessness on the part of Horsify ("its own acts") itself and/or its officers.
17.5 The user shall indemnify Horsify against all damages and reasonable costs to the extent permitted by mandatory law, including but not limited to: Damages as a result of (alleged) infringement of intellectual property rights, third party claims, collection costs, statutory interest, loss of profits, fines owed and costs of legal assistance suffered or made by Horsify and arising out of (i) any attributable defect in compliance with the Terms and Conditions and/or the contract and/or the conclusion of the riding participation, loan, lease or similar agreement, including but not limited to any visitation that takes place on the part of the user, (ii) the use of the service by the user, or (iii) any unlawful act, including but not limited to any breach of contract in the course of entering into the riding, loan, lease or similar agreement, including but not limited to any visitation that takes place.
17.6 Without prejudice to the provisions of Article 17.5:
- a) The owner indemnifies Horsify against claims by the rider or groom in connection with or arising out of the entering into of the riding participation agreement, loan agreement, rental agreement or similar agreement, including but not limited to any visitation that takes place, including (but not limited to) claims in connection with the provisions of Article 17.1 a, b, c, d, e, f, g and h;
- b) The rider or groom indemnifies Horsify against claims by the owner in connection with or arising out of the entering into of the riding participation agreement, loan agreement, rental agreement or similar agreement, including but not limited to any visitation that takes place, including (but not limited to) claims in connection with the provisions of Article 17.1 a, b, c, d, e, f, g and h.
Article 18. Cancellation of the profile, membership and advertising
18.1 You have the right to stop using the service at any time and to cancel/delete your profile, membership or advertising. Cancellation of your profile will not affect any riding participation, loan, rental or similar agreement entered into prior to the date of cancellation.
18.2 You accept that Horsify has the right to block your use of the service, close you down and/or delete your profile without being liable to you if Horsify sees any reason to do so, including but not limited to if you breach any provision of these Terms and Conditions.
18.3 Any amounts owed by you to Horsify will become immediately due and payable at the time of termination of your profile.
Article 19. Guarantee
19.1 We cannot guarantee that our services will always meet your expectations. We also cannot guarantee that the platform will function properly and/or that continuous and/or secure access to the platform or any part thereof can be obtained.
19.2 Horsify cannot guarantee that the products or services offered by the users on the website will meet your expectations.
Article 20. General rules for placing an advertisement
20.1 Advertising placed by a user on the platform must comply with the following general rules. Creating an advertisement:
- a) Each advertisement must offer one horse or rider;
- b) Each title and text of an advertisement must contain a description of the horse or rider offered and a description of the expectation of cooperation;
- c) It is not permitted to place several identical advertisements online on the platform or to have them placed online at the same time. It is not permitted to offer the same horse or rider in more than one advertisement on the platform at the same time. It is not permitted to place several identical advertisements or several advertisements for the same horse or rider with more than one profile;
- d) If an advertisement is removed from the website before the end of the original advertising period (or an extension of the advertising period), it is not permitted to place an identical advertisement or an advertisement for the same horse or rider within the remaining term of the original advertising period, unless there is a valid reason for doing so;
- e) Each horse or rider must be offered in the most appropriate category;
- f) The texts, photos, videos and titles of the advertisement must relate to the current level and condition of the horse or rider.
20.2 Advertising content that is not permitted:
- a) The title, texts, photos and videos of the advertisement must not be misleading, inaccurate or false. The title and text must accurately and clearly describe the horse offered for use or the service offered;
- b) It is not permitted to offer or present certain legal rights, such as the user's right to a service that meets the stated specifications, as an additional service, for example by charging a fee for it or only complying with it for a fee;
- c) An advertisement may in no case contain discriminatory, pornographic, offensive, threatening or inflammatory content. The content must also not contain political messages, personal data of third parties or be contrary to public order or morality;
- d) It is not permitted to place an advertisement solely for the purpose of directly or indirectly promoting a person or company;
- e) It is not permitted to place photos or videos with an advertisement that do not relate to the horse or rider being offered;
- f) It is not permitted to place advertisements that are placed solely to generate clicks on a horse, rider, or business;
- g) It is not permitted to include information - in the broadest sense of the word, including but not limited to: a photo or video of the horse and / or texts about the horse - in the advertisement that infringes intellectual property rights of third parties. This means, among other things, that it is not permitted to offer a horse or rider in a way that:
- - Infringing the copyright of another party, such as the copyright of a photograph and / or text in the advertisement to which the rights are assigned to a third party; and/or
- - Infringing another party's trademark and / or design right, such as an accessory depicted in the photograph of the horse with a logo on it, of the trademark and / or design right holder, is done without the permission of the right holder for such use.
- h) It is not permitted to post a text or a photo that contains a telephone number, a surname, a company name or an address.
- i) It is not allowed to post a text or a photo that contains a URL or a part of a URL.
Both advertisers and users must always pay close attention when offering and responding to horses or riders. Users are expected to know the laws and regulations regarding horses themselves. If in doubt, we recommend that you seek further information or legal advice.
Article 21. Placing an advertisement
21.1 My Horsify:
- a) A user places his ad via the button "Create free ad" on the platform;
- b) Before a user can place an advertisement, a profile must first be created;
- c) It is not permitted to pass on login data to third parties. It is not permitted to use login data of third parties for the placement of advertisements.
21.2 Conclusion of an advertising contract between Horsify and the user:
- a) After the user has created a profile or logged in, he/she can create an ad via the button "Offer horse". While creating the ad, the user can see a preview of the ad. The user can change the ad as a result of this example. After seeing the example, the user can click on the button "Place ad". The payment procedure will then be followed. This is how the advertising contract is concluded.
21.3 The period during which an ad remains on the platform: Advertisements for which no special rules apply shall remain on the platform for the selected advertising period of twelve (12) months, provided that the applicable (payment) conditions are met and the user does not remove the advertisement himself. If the horse offered in the advertisement is no longer available, the advertisement must be removed.
Article 22. Remaining
22.1 If you have a complaint, we ask that you first report the complaint to Horsify (email@example.com). If you feel that your complaint is not being dealt with adequately, you as a consumer have the possibility to report your complaint via the European Union platform (European Online Dispute Resolution Platform) http://ec.europa.eu/odr.
22.2 If any provision of these General Terms and Conditions is found to be void or contestable or for any other reason invalid in whole or in part, the remaining provisions of the General Terms and Conditions shall remain in full force and effect. Horsify will replace the invalid clause with a clause that is valid and whose legal consequences, given the content and meaning of these General Terms and Conditions, correspond as closely as possible to those of the invalid clause.
22.3 Horsify may transfer or pledge all claims, powers, rights and obligations and actions in connection with the Terms and Conditions to a third party and will notify you of such transfer or pledge. You agree now that you will consent to any such transfer or pledge prior to such time and that such third party may exercise all rights against you in the event of such transfer.
22.4 Horsify may inform users by email in context of the service.
Article 23. Applicable law and choice of forum
23.1 The legal relationship between the user and Horsify, including the (conclusion of) the agreement and the General Terms and Conditions, is governed exclusively by Dutch law, even if an obligation is wholly or partly performed abroad or if the user is domiciled there. The applicability of the Vienna Sales Convention 1980 (CISG) to the General Terms and Conditions is expressly excluded.
23.2 The District Court of Amsterdam, the Netherlands, shall have exclusive jurisdiction over all contractual and non-contractual disputes primarily relating to the performance and execution of the agreement, the General Terms and Conditions and the services provided therein, including related disputes, including summary proceedings, without prejudice to the right of the parties to appeal against a decision so rendered. If the user is a private individual, the court of the country in which that consumer is domiciled shall also have jurisdiction or, if that consumer is the defendant, exclusive jurisdiction.