GENERAL TERMS and CONDITIONS – 4D EQUITATION ONLINE
1 – GENERAL
These General Term and Conditions (‘Terms’) represent an agreement between you and 4D Equitation Online (‘4D Equitation’, ‘We’ or ‘us’) and govern the use of our website www.training.4equitation.online (‘Website’) and any products or services, including but not limited to all information, pages and screens in and on the course ‘Getting Started with 4D’ (‘Course’) , the e-book ‘Beyond Injuries’ and any other services provided by 4D Equitation through the Course, and/or made available in any manner and from time to time on Website. The Course and any information, service or course provided through the Website will be collectively referred to as Service.
4D Equitation Online is a collaboration between:
- 4DimensionDressage, seated in Soest, The Netherlands, registered in the Dutch Chamber of Commerce under number: 30266527, and
- Rijkunst in Beweging, seated in Obdam, registered in the Dutch Chamber of Commerce under number: 37132425.
Any reference to 4D Equitation Online in these Terms implies a reference to both 4DimensionDressage and Rijkunst in Beweging, unless specified otherwise.
By using the Website and Service you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms and by ticking the “I have read and agree” box during the purchase process, you accept and agree to be bound by these Terms. If you do not agree to be bound by these Terms, please cease your participation in the Course and the use of the Service immediately. If you do so after purchase, you will not be entitled to any refund. 4D Equitation only agrees to provide the Service to you if you assent to this Terms.
4D Equitation reserves the right to change these Terms at any time without prior notice. Such change however will have no effect on orders that were submitted before posting of such revised terms and conditions on the Website.
You must be at least 18 (eighteen) years of age to purchase or follow a Course or access/use any Service. By purchasing or following a Course or accessing/using a Service, you represent and warrant that you are at least 18 years of age and may legally agree to these Terms. 4D Equitation assumes no responsibility or liability for any misrepresentation of your age.
2 – LICENSE & ACCESS MATERIALS
4D Equitation may provide you with certain information as a result of your accessing of the Course through the Website or using any Service. Such information may include, but is not limited to, documentation, data, or information developed by 4D Equitation and other materials which may assist in your participation in the Course or use of the Service (“Materials”). Subject to these Terms, 4D Equitation grants you a non-exclusive, limited, non-transferable and revocable license to use the Services and Materials, including the Course (subject to payment, where applicable) for personal use only.
Whether a Course has been completed or not, access to the Course and the license as meant in the previous paragraph will expire 1 (one) year after purchase.
4D Equitation reserves all rights not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Service or Materials at any time, including the availability of any feature or content.
3 – COURSE TERMS
The license and access to the Service and Materials is personal and the Service and Materials may not be shared with any party or person. If we suspect that the Service or Materials are being shared and/or that you have shared your log-in information with any party or person, we reserve the right to immediately terminate your access to the Service and Materials, in our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to the Services, Course or Materials. You hereby acknowledge and agree:
- A) You are solely and exclusively responsible for the choices that you make with regard to the Services and Materials or in the manner you train your horse and instruct others;
- B) You are solely and exclusively responsible for your own mental health, physical health, training or instruction decisions, and any other actions or inaction you choose to take;
- C) 4D Equitation is not liable for any result or non-result or any consequences which may come about due to you using the Services;
- D) That information provided in connection with the Services and Materials is developed and intended for educational purposes and for a general audience.
- E) That 4D Equitation by means of the Service and Materials, does not provide specific advice tailored for an individual, horse, training session or situation.
- D) that 4D Equitation does not provide any guarantee as towards to a result and that none of the information provided in connection with the Services and Materials shall be construed to constitute medical, training, psychological or other professional advice. We urge you to consult with an appropriate licensed professional if you seek any such advice.
4 – INTELLECTUAL PROPERTY
You agree that the Materials, the Course, the Website, all content thereof and any other Services content provided by the 4D Equitation are the property of the 4D Equitation. 4D Equitation also retains all right, title and interest in any and all intellectual property rights and other proprietary rights worldwide, including but not limited to copyrights, trademarks, trade secrets, patents, herein (‘4D Equitation IPR’).
You agree that you will not infringing infringe any 4D Equitation IPR or use the Materials or Services for any purpose except as permitted under these Terms. You agree not to reproduce or distribute in any way, including electronically or via registration of any trademarks, trade names, service marks or Uniform Resource Locators (URLs) in relation to the Materials or Service, without express written permission from the 4D Equitation.
If you believe that any of the Services contain content that infringes on your copyright or other intellectual property right, please forward the following information by email to email@example.com or in writing to:
4D Equitation Online, Duinweid 10, 1713 GE Obdam, The Netherlands
Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
5 – CONTENT YOU POST or SUBMIT:
Through use of our Service you may be offered the possibility to provide materials, including but not limited to videos, photos and blog posts, to 4D Equitation (‘User Content’). You hereby grant 4D Equitation a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, assignable and transferable right license to copy, display, use, broadcast, transmit, modify and make derivative works, or otherwise use the User Content in any formats or currently known or future media in connection with 4D Equitation products or services. You represent and warrant that you own any and all intellectual property right in connection with the User Content and have the right to provide the User Content to 4D Equitation for use as specified in these Terms.
You also agree to comply with the “Acceptable Use” provision of this Agreement for all User Content that you post, including and especially to not violate the intellectual property rights of any third party through your User Content.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
6 – YOUR OBLIGATIONS
When purchasing a Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to access the Course. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification to the email address in the NOTICES section of these Terms will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information or using the Service and Materials to further fraud or unlawful activity is grounds for immediate termination of the agreement between you and 4D Equitation and access to any and all Services (including but not limited to (paid) Courses) and Materials will immediately cease.
7 – PAYMENT, REFUND and CANCELLATION
The entirety of the fees are due and payable upon the purchase of a Course. No payment plans or installment plans are available. Due to the nature of the Services (non-tangible digital goods), it is not possible to return the Services, therefore we do not offer refund or exchange after purchase is made.
8 – ACCEPTABLE USE
You agree that you will not use the Service or Materials:
- for any unlawful purpose or any purpose prohibited under these Terms;
- in any way that could damage the Services, Materials or general business of the 4D Equitation, 4DimensionDressage and/or Rijkunst in Beweging and their affiliates (if applicable) and all officers, directors, owners, partners, agents, or licensors.
- To harass, abuse, or threaten others or otherwise violate any person’s (legal) rights;
- To infringe any intellectual property rights of the 4D Equitation or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud deceptive or misleading conduct;
- To publish or distribute any threatening, harassing, discriminatory, libelous, pornographic obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others;
- In a manner that would otherwise be reasonably deemed objectionable under the circumstances;
You further agree that you will not:
- Violate any program guidelines applicable to use of particular Courses or interfere with, impair or disrupt the ability of others to use such Courses;
- Use the Services and/or Materials so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
- Violate or attempt to violate the security of the Services and/or Materials;
- Reverse engineer, decompile or disassemble any portion of the Services and/or Materials;
- ‘Scrape’ information from the Services and/or Materials by automated means;
- Interfere with the ability of others permit any unauthorized access to or use of any Course that you have licensed or to any password applicable to your account for the Services and/or Materials;
- Use, redistribute or resell any of the Courses and Materials or other content of the Services, other than such unremunerated sharing via social media as may be authorized in writing by us; or
- Reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Courses, and any Materials in whole or in part, except as expressly provided in these Terms.
9 – NO WARRANTIES
You agree that your use of the Service and Materials is at your own sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to any (implied) warranty of fitness for a particular purpose or performance. We make no warranties that the Services or Materials will meet your needs and/or requirement or as to the results that will be derived from using the Service and Materials or a part thereof.
We will also make no warranty that the Services or Materials will be uninterrupted, omission- and error-free, or secure. We also make no warranties as to the completeness, reliability or accuracy of any information provided as part of the Service or in the Materials.
You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of Service or Materials is your sole responsibility and that we are not liable for any such damage or loss.
10 – NO LIABILITY
The Service and Materials are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website or as part of any Service is not intended to be medical advice and no fiduciary relationship has been created between you and us. You further agree that the use of the Service is at your own risk and that we do not assume any responsibility or liability for any advice or other information given in the Services or in the Materials, or your use thereof.
There is no guarantee that you will earn any money or achieve any particular results using the techniques and ideas provided in connection with the Service and the Material
You assume all responsibilities and obligations with respect to any decisions, advice, conclusions or recommendations made or given as a result of the use of the Service and Materials, including without limitation any decision made or action taken by you in reliance upon products.
11 – LIMITATION ON LIABILITY
4D Equitation is not liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the Services and Materials, to the fullest extent permitted by the applicable law. The maximum liability of 4D Equitation for direct damage arising from or relating to the use the Service and Materials is limited to EUR 95,00 or the amount you paid to us in the last six (6) months.
Should the exclusion of liability as stated above and/or the exclusion of warranty stated elsewhere in these Terms not be allowed under the applicable law, and hence of for any other reason be held void, inapplicable or unenforceable 4D Equitation’s maximum liability for any type of damage shall be limited to the refund of the amount paid for the Service or EUR 95,00 (whichever is the least amount).
12 – INDEMNIFICATION
You agree to defend, hold harmless and indemnify the 4D Equitation and any of our affiliates (if applicable) and all officers, directors, owners, partners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, legal claims and demands including reasonable attorneys’ fees, sustained by the Indemnified Parties, which may arise out of the User Content, your use or misuse of our Services and Materials, or your or any user of your account’s breach of these Terms or your conduct or actions. You shall cooperate as fully as reasonably required in the defense of any such claim. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
13 – REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Service or Materials;
- b) Violate the security of the Service or Materials through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
14 – DATA LOSS
We do not assume or accept responsibility for the security of your account or content. You agree that the use of the Service and Materials is at your own risk.
15 – SPAM POLICY
You are strictly prohibited from using the Service for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
16 – ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
17 – SERVICE INTERRUPTIONS
We may need to interrupt your access to the Service and Materials to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Service and Materials may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
18 – TERM, TERMINATION & SUSPENSION
We may terminate our agreement at any time for any reason, with or without cause. We specifically reserve the right to terminate the agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate the agreement at any time by contacting us and requesting termination. At the termination of the agreement any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating our agreement does not entitle you to a refund on any monies spent with us.
19 – GENERAL PROVISIONS
- A) LANGUAGE: All communications made or notices given pursuant to these Terms shall be in the English language.
- B) JURISDICTION, VENUE & CHOICE OF LAW: These Terms shall be governed by the laws of the Netherlands, regardless to conflict of laws rules. You and we agree that any action or dispute between us will be resolved exclusively in the Netherlands.
- D) ASSIGNMENT: This Terms, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should these Terms, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by 4D Equitation, the rights and liabilities of 4D Equitation will bind and inure to any assignees, administrators, successors, and executors.
- E) SEVERABILITY: If any part or sub-part of these Terms is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms shall continue in full force.
- F) NO WAIVER: In the event that we fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms will not constitute a waiver of any other part or sub-part.
- G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts in these Terms are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms.
- H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms. No Party has any authority to bind the other to third parties.
- I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms, including e-mail. For any questions or concerns, please email us at the following address: firstname.lastname@example.org
- H) NOTICES: Any notice required or permitted to be given by you to 4D Equitation shall be deemed sufficient if sent by registered or certified mail and email to 4D Equitation, Duinweid 10, 1713 GE Obdam, email@example.com. Any notice required or permitted to be given by 4D Equitation to you shall be deemed sufficient if sent by registered or certified mail and email to the address you registered when you created your account on the Website.