HUUFE Terms of Use (“Terms”)

Welcome to Huufe.  We want you to know and understand your rights and our rights relating to the provision of Services (as defined below).  Please read these Terms carefully. Here are the main points, in brief:

  1. We are a community; do get in touch with us at hello@huufe.com
  2. Please also read our Community Standards
  3. We take your privacy very seriously (and have taken some innovative steps to help you control this).
  4. Things change! The effective date for this version of the Terms is: 03 May 2018
  5. You register your account and are responsible for it. You can cancel at any time.
  6. We provide lots of great Free Services to the Huufe community. We also offer some whizzy Premium Services (for a small fee – that helps us maintain the community as a whole).
  7. The Huufe community expects you to act legally, responsibly and politely.
  8. You agree that we cannot be responsible for loss or damage suffered by you.

 

Who we are and how to contact us

https://huufe.com/ and the associated mobile application are owned and operated by Huufe Limited (“We”). We are registered in England and Wales under company number 10655778 and have our registered office at 6 Newbury Street, Wantage, Oxfordshire, UK, OX12 8BS.

To contact us, please either write to our registered address or email us: hello@huufe.com

 

By using our Services, you accept these terms

The Huufe website, related mobile applications and services (collectively the “Services”) are made available to you by Huufe and are subject to these Terms.   By creating an account and using, accessing, uploading or downloading the Services, you confirm that you accept these Terms and that you agree to comply with them.

The Services are intended solely for persons who are 13 years old or older. If you are 13-15, you must get parental consent to use our Services.

If you do not agree to these terms, you must not use our Services.

We recommend that you print a copy of these Terms for future reference.

 

There are other terms that may apply to you

These Terms of use refer to the following additional terms, which also apply to your use of our Services:

  1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate.
  2. Our Community Standards, set out how we expect Huufe members to behave, to look after themselves, their horses and others in the community.

 

We may make changes to these Terms or our Services

We may amend these Terms or the Services from time to time. Every time you wish to use our Services, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on 03 May 2018.

 

We may suspend or withdraw our Services

We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

 

Our Services are for Subscribers across the world

Our Services are directed to people residing across the globe. We do not represent that content available on or through our Services is appropriate for use or available in your country.

You agree to comply with all applicable laws.

 

Registration and Your account

To use the Services, you must create an account and provide certain personal information about yourself as part of the registration process.  In doing so you agree that such information is true, accurate, current and complete.  If information that you provide changes in any way you undertake to update your registration details.  If the information that you provide is inaccurate or not current or we have grounds to suspect such information is inaccurate or not current, then we have the right to suspend or terminate your account and refuse you access to the Services.

If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You are solely responsible for maintaining the confidentiality of your password. You must not disclose it to any third party.

We have the right to disable any use password or any other identification code, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your password, you should promptly notify us at privacy@huufe.com

You may register an account or log on to your account via a third-party network such as Facebook or Google.  If you choose to do this, you herby authorize Huufe to pre-populate the registration information gathered from such third-party networks and to use the third-party credentials to allow you to log on to your account.  In doing so you warrant and undertake that you comply and will continue to comply with the terms and conditions applicable to the relevant third-party network.

You may deactivate your account at any time by visiting the settings page in the App and may request deletion of your personal information by contacting us at privacy@huufe.com. Once your account is deactivated all of your activity shall be lost and cannot be reinstated.

 

Premium Service

You may be able to access enhanced functionality within the Services (“Premium Services”) by paying a Premium Subscription Fee.  Such subscription can be paid either on a monthly or annual basis and is payable in advance of the use of the Premium Services.  Huufe reserves the right to increase the Premium Subscription Fee from time to time.

In order to pay the Premium Subscription Fee, you will be required to provide payment information (including credit card details) and by signing up to Premium Services you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. No refunds or credits will be provided by Huufe in relation to the Services.

Your Premium Subscription Fee will be billed automatically at the beginning of each monthly or annual period as is applicable. Such Premium Subscription Fee will continue to be collected automatically until you cancel your Premium Service.

You may cancel your Premium Service at any time. The cancellation of Premium Services will become effective at the end of the billing cycle. No refunds are available for the period between cancellation and the end of the billing cycle. Even though your Premium Service is terminated, your account shall continue with access to the core Services.

 

Intellectual Property Rights and Content

We are the owner or the licensee of all intellectual property rights and other rights in our Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You are the owner of the information, data, text, sound, photographs, graphics, video, message, posts, tags and other material that you make available in connection with your use of the Services, (collectively, “Content”), whether posted privately or transmitted or submitted through a third party such as Instagram.  You grant us a non-exclusive, transferable, sub-licensable, royalty free, worldwide license to use any Content. When you deactivate your account please note that we will retain and use data in an aggregated and non-identifiable manner.

You acknowledge that Huufe are in no way responsible for the Content you upload, post, transmit or otherwise make available through your use of the Services.

You understand that by using the Services you may be exposed to other content that is offensive, indecent or objectionable and you further acknowledge that Huufe is in no way liable to you for such other content and that you bear all risks associated with the use of Content and any other information available in connection with the Services. Huufe in is no way responsible or endorses the Content and any other information posted on the Services.

 

We are not responsible for websites we link to

Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources and shall have no liability in relation to them.

 

Conduct

You may not copy, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any part of the Services.  You must not use the Services, or assist or encourage any other party to engage in any of the following prohibited activities:

  1. Publish, transmit, distribute or store any Content, material, information or data that is: (i) illegal, obscene, defamatory, threatening, harassing, abusive or hateful; (ii) harmful to or interferes with the Services; (iii) infringing or violates any third party intellectual or other rights;
  2. Committing any act that may be harmful to minors.
  3. Collecting or harvesting any personal information about subscribers of the Services.
  4. Copying, framing or mirroring any part of the services;
  5. Accessing the Services to monitor its availability, performance or functionality;
  6. Violating any applicable law or regulations or encouraging others to engage in conduct which may violate any applicable law or regulations or could constitute a criminal offense or give rise to a civil liability.

 

Our responsibility for loss or damage suffered by you – DISCLAIMER OF WARRANTIES AND LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. HUUFE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HUUFE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, GROOMING AND BEING AROUND HORSES GENERALLY, HACKING AND RIDING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF HUUFE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE THAT HUUFE DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITIES, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILISES THE SERVICES.

YOU EXPRESSLY AGREE TO RELEASE HUUFE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACTIVITIES AND/OR USE OF THE SERVICES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY HUUFE WHILE ENGAGED ANY ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS (INCLUDING ANY PRODUCTS OR SERVICES MADE AVAILABLE FOR SALE THROUGH THE CLASSIFIED ADS SECTION) AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HUUFE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

HUUFE DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER SUBSCRIBER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

IF YOU ACCESS THE PREMIUM SERVICES YOU WILL BE ABLE TO ACTIVATE ‘LIVERIDE’ AND ‘SAFERIDE’.   YOU ACKNOWLEDGE THAT THE PERFORMANCE OF THESE SERVICES MAY BE AFFECTED BY ISSUES SUCH AS, BUT NOT LIMITED TO, POOR GPS SIGNAL, LOW BATTERY, POOR CARRIER SIGNAL AND OTHER ISSUES WHICH MAY IMPACT THE ACCURACY OR FUNCTION OF THESE SERVICES. WE HAVE NO LIABILITY SHOULD EITHER OF THESE SERVICES FAIL TO WORK OR FAIL TO RECORD YOUR LOCATION ACCURATELY.

IF YOU ACCESS THE PREMIUM SERVICES AND SUBSCRIBE YOUR HORSE(S) YOU WILL BE ABLE TO ACCESS TOOLS TO ASSIST WITH THE ADMINISTRATION OF YOUR HORSE(S), INCLUDING, BUT NOT LIMITED TO, REMINDERS FOR TREATMENTS.   YOU ACKNOWLEDGE THAT THE PROVISION OF THESE REMINDERS IS TO ASSIST YOU AND IS NOT INTENDED TO PROVIDE ANY FORM OF VETERINARY ADVICE AND DOES NOT REPLACE YOUR EQUINE ADMINISTRATIVE REQUIREMENTS AND DUTIES. WE HAVE NO LIABILITY SHOULD THESE TOOLS FAIL TO WORK OR FAIL TO PROVIDE A REMINDER.

HUUFE’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO HUUFE IN THE 12-MONTHS PRIOR TO DATE THE CLAIM

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

 

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.

You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the applicable laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

 

Which country’s laws apply to any disputes?

These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Huufe, May 2018

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