General Terms and Conditions Horse Lifestyle USA LLC
Welcome to Horse Lifestyle! Please take a moment to read these Terms & Conditions carefully before using this Service.
- Article 1 - Definitions
- Article 2 - Applicability
- Article 3 - Create a Horse Lifestyle Network Account
- Article 4 - Offer of Subscriptions
- Article 5 - Start of the Subscription
- Article 6 - Monthly Subscription
- Article 7 - Price
- Article 8 - Payment
- Article 9 - Delivery and Performance
- Article 10 - Conformity
- Article 11 - Termination
- Article 12 - Right of Withdrawal
- Article 13 - Intellectual Property
- Article 14 - Fair Use Policy
- Article 15 - Social Media Terms
- Article 16 - Complaints Procedure
- Article 17 - Dispute Settlement
- Article 18 - Free Trial
In these General Terms and Conditions the following terms have the following meaning:
- Consumers who have a Subscription;
- An Agreement relating to a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period;
- The natural person not acting in the exercise of his/her profession or business and who is entering into an Agreement with the Entrepreneur;
- Calendar day;
- Long-term data carrier:
- Any means that allow the Consumer or Entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered production of the stored information possible;
- Right of withdrawal:
- The option for Consumers to withdraw from the Agreement within the cooling off period;
- Horse Lifestyle Network Account:
- The Account which provides the Consumer access to the Video-On-Demand services;
- The provision of the agreed services to the Consumer by the Entrepreneur, after the Consumer and the Entrepreneur entered into the Agreement;
- Horse Lifestyle USA LLC located at Van Cleeffkade 15, 1431 BA, Aalsmeer, The Netherlands;
- An agreement which is concluded solely through Technology of distant communication, whereby the option to use Technology of distant communication in order to enter into an agreement is provided by the Entrepreneur.
- Technology of distant communication:
- A means to be used for concluding an agreement, without the Consumer and the Entrepreneur being together in the same place at the same time – face-to-face.
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any Agreement concluded by the Entrepreneur with regard to the purchaser of the online services of Horse Lifestyle USA LLC
- These Terms and Conditions are made readily available to the Consumer on request.
- The Entrepreneur reserves the right to alter these Terms and Conditions at all times.
- The new Terms and Conditions apply instantly to new Subscribers in case of any alterations.
- For current Subscribers the new Terms and Conditions will enter into force on the first day of the next calendar month.
- If any provision(s) in these Terms and Conditions becomes invalid or unenforceable as a result of any existing or future legislation, act, directive or law, the remaining provisions of these Terms and Conditions shall remain in force.
- If any provision(s) in these Terms and Conditions becomes invalid or unenforceable as a result of any existing or future legislation, act, directive or law, they will be replaced by provisions with the same aim and purpose of the original provisions.
Create a Horse Lifestyle Network Account
- The data provided by the Consumer to create a Horse Lifestyle Network Account needs to be complete and truthful.
- It is prohibited to create a Horse Lifestyle Network Account in another person’s name or under a false identity.
- The Consumer is required to keep his/her Username/login absolutely confidential.
- The Consumer is fully responsible and liable for all use of his/her Username/login and password and for all acts performed by his/her Horse Lifestyle Network Account. If a consumer suspects unauthorized use of his/her user name/login code, password, Horse Lifestyle Network Account and/or identity he/she must notify the Entrepreneur immediately. The Entrepreneur is then entitled to take any measures necessary to protect its services and other Consumers and the Consumer is obligated to cooperate fully.
- The Entrepreneur reserves the right to refuse, delete or block a Horse Lifestyle Network Account at all times.
Offer of Subscriptions
- The Subscriptions are solely offered to Consumers and cannot be purchased by other entities/persons.
- If an offer has a limited duration of time or is subjected to additional conditions, this will be explicitly stated in the offer.
- Mistakes and/or errors in offers are not binding for the Entrepreneur.
Start of the Subscription
- The Subscription starts after:
- the Consumer has accepted the offer by:
- creating a Horse Lifestyle Network Account;
- selecting a Subscription, and
- providing all required (payment-)data;
- the Consumer complies with requested conditions, and
- the Entrepreneur has sent confirmation of the purchased Subscription.
- the Consumer has accepted the offer by:
- The Consumers is able to use the Video on Demand services directly after the start of the Subscription.
- Before concluding the Subscription, the Entrepreneur is entitled – in compliance with the law – to inform itself whether or not the Consumer is able to meet his/her payment obligations, as well as all facts and factors that are important to a sound conclusion of the Agreement. In case the Entrepreneur is not satisfied with the outcome of this investigation, the Entrepreneur is able to refuse to enter into an Agreement or impose special terms and conditions.
- By entering into the Agreement, the Consumer declares to be at least 18 (eighteen) years of age at that time.
- A monthly Subscription is an agreement for Subscription for the period of 1 (one) calendar month, starting the Day of the Agreement.
- A monthly Subscription will be automatically renewed for an undetermined period of time after the period as stated in the previous subsection.
- The Entrepreneur reserves the right to alter the Subscription fee at all times.
- The new Subscription fee applies to future Subscribers immediately, but will apply to existing Subscribers from the first Day of the next calendar month.
- The Subscription fees of the products and/or services in the offer include VAT.
- The payments for a monthly subscription will be amortized via a preauthorized debit.
- The Consumer has the obligation to report inaccuracies in (payment) data to the Entrepreneur immediately.
- The Entrepreneur reserves the right to (temporarily) block or delete the Consumers Horse Lifestyle Network Account if the Consumer provides inaccurate data and/or breaches the obligations of the previous subsection.
- In case of default payment the Entrepreneur has the right – within the boundaries of the law – to charge the Consumer the related additional costs (including collection costs).
- In case of default payment the Entrepreneur reserves the right to (temporarily) block/delete the Consumers Horse Lifestyle Network Account.
Delivery and performance
- The Entrepreneur shall exercise the utmost care in assessing applications for the provision of services.
- By entering an Agreement the Consumer explicitly agrees with the fact that the delivery of services takes place immediately and thus begins before the cooling off period has expired.
- The Entrepreneur will make the services available to the Consumer immediately after closing the Subscription.
- If immediate delivery of the services is, through circumstances, not reasonably possible, the Entrepreneur shall deliver the services within 30 (thirty) days, unless a longer delivery time has been agreed.
- If the delivery of services has been delayed, or if the delivery cannot be carried out, in whole or partially, the Entrepreneur will notify the Consumer no later than 30 (thirty) days after entering the Agreement.
- The Entrepreneur will do its utmost to ensure that the services it offers are available at all times.
- It is inherent to the services the Entrepreneur offers – online services – that situations (such as technical or power failure) can occur, which can cause (part of) the services to be (temporarily) unavailable for the Consumer.
- The Entrepreneur is not liable in any way for any (consequential) damages suffered by the Consumer or a third party in case the services offer by the Entrepreneur were (temporarily) unavailable.
- The Consumer may cancel his/her monthly Subscription at any time before the renewal date. The monthly Subscription will, in that case, not automatically be renewed.
- The Consumer may cancel their Subscription for an undetermined period every month.
- The Consumer has to cancel the Subscription on the profile page of their Horse Lifestyle Network Account.
Right of Withdrawal
- The Right of Withdrawal does not apply to the offered Subscriptions since the services these Subscriptions relate to – online services – are services whereby delivery has started before the cooling off period has expired.
- The Consumer explicitly agrees to immediate delivery of the online services and waives the Right of Withdrawal when entering into the Subscription Agreement.
- All intellectual property rights relating to the website and the online platform are the sole property of the Entrepreneur and/or its partners and will under no circumstances be transferred to the Consumer.
- The Consumer is not allowed to change or remove applied trademarks, identification marks or any indications regarding copyright, trademarks or intellectual property rights. Furthermore, the Consumer is not allowed to copy, or fabricate the data/material/object that is protected by copyright, trademark or intellectual property rights, or in any way cause damage to, or take unfair advantage of, the reputation of the Entrepreneur and/or its partners.
- In the event of a breach of the copyright, trademark or intellectual property rights of the Entrepeneur and/or its partners by the Consumer, the Entrepreneur has the right to recover (consequential) damages from the relevant Consumer and reserves the right to (temporarily) block the Consumers Horse Lifestyle Network Account or terminate the Consumers Subscription.
Fair Use Policy
- If a Consumer – to reasonable opinion of the Entrepreneur – makes excessive use of the services, the Entrepreneur may ask the Consumer to reduce their usage.
- If the Consumer does not comply with the request of the Entrepreneur to reduce the usage, the Entrepreneur reserves the right to (temporarily) block the Consumers Horse Lifestyle Network Account and/or terminate the Consumers Subscription.
- Furthermore, the Entrepreneur reserves the right to (temporarily) block the Consumers Horse Lifestyle Network Account and/or terminate the Consumers Subscription when the Consumer abuses the delivered services and/or uses them in a way that they are not meant to be used. This includes, but is not limited to, displaying outside the domestic sphere, dowloading, storing, distributing and any infringement of intellectual property rights of the Entrepreneur regarding the online content.
- The Entrepreneur and/or its partners reserve the right to recover, to the fullest extent, the suffered (consequential) damages from the relevant Consumer.
Social Media Terms
- In case a Consumer does not want to share information about him-/herself and/or information about viewed programs on social media, the Consumer should not use the social media features.
- Social media terms also apply to the embedded hyperlinks that are available only through the Entrepreneurs website.
- When reading these social media terms on devices that are suitable for the services the Entrepreneur provides (e.g. smartphones), it can occur that the website of the Entrepreneur has to be visited in order to view additional terms.
- The Entrepreneur will not automatically share the Consumers activities – like watching programs – via social media features.
- The Consumer has the opportunity to decide whether he/she shares on social media what he/she viewed. The Consumer can use the ‘share-button’ to do so.
- The Consumer has to disclose complaints about the execution of the Agreement, promptly, fully and clearly defined to the Entrepreneur, after the Consumer has discovered the defects.
- The Entrepreneur will respond to complaints within 14 (fourteen) days after receiving. If a complaint requests a foreseeable longer processing time, the Entrepreneur will notify the Consumer that their complaint has been received and the Entrepreneur will (if possible) give an indication of when the Consumer can expect a more detailed answer.
- If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute settlement.
- Dutch law is applicable to all Agreements – including these General Terms and Conditions - between the Entrepreneur and the Consumer.
- In case of disputes between the Entrepreneur and the Consumer, the District Court of Amsterdam (Rechtbank Amsterdam) has – in compliance with the law – exclusive jurisdiction.
- A Subscription to Horse Lifestyle can start with a free trial period of one month or as long as indicated at the registration. During this period new Subscribers have the chance to try out the service.
- The monthly Subscription fees for coming months will be charged to the Consumer at the end of the free trial period via the payment method specified by the Consumer, unless the Consumer terminates the Subscription before the end of the free trial period. The Consumer can find the expiration date of his/her free trial period on his/her profile page.
- The payment details provided by the Consumer need to be verified. To verify the payment method, the Consumer authorizes the Entrepreneur to charge their account once with €/$/£ 0,50. The amount will be refunded automatically.
- The Consumer may use the free trial period only once. By accepting the General Terms and Conditions the Consumer agrees not to use multiple names, addresses, email addresses, or other ways to use the free trial period more than once. If the Consumer breaches this condition, his/her Horse Lifestyle Network Account will be terminated immediately.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at: firstname.lastname@example.org. Enjoy the Services!