Terms & Conditions
Hobah Equestrian Limited: Mobile Application End-User Licence Agreement
This is a legal agreement (Agreement) between you and Hobah Equestrian Limited of 7 Compton Street, Ashbourne, Derbyshire, United Kingdom, DE6 1BX (Hobah, we, us or our) regarding Hobah’s Dressage Test mobile application.
PLEASE READ THIS AGREEMENT CAREFULLY
BY COMPLETING YOUR ACCOUNT ON THE APP YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT DO NOT CREATE AN ACCOUNT.
RIDING A HORSE IS A DANGEROUS ACTIVITY AND THAT DANGER IS INCREASED BY USING A DEVICE (WITH OR WITHOUT HEADPHONES) WHILST RIDING.
EXCEPT AS OTHERWISE SET OUT IN THIS AGREEMENT, IF YOU CHOOSE TO RIDE A HORSE YOU DO SO AT YOUR OWN RISK WHETHER OR NOT YOU ARE USING THE APP WHILST DOING SO.
Who we are and what this agreement does
Hobah grants you a limited, terminable, non-sublicensable, non-transferable, non-exclusive license to install and use:
Dressage Test [INSERT VERSION NO] mobile application software, the data supplied with the software, (App) and any updates or supplements to it; and
The related online or electronic documentation (Documentation),
for your personal use and as permitted in this Agreement.
This Agreement will also govern any software upgrades and updates provided by Hobah that replace and/or supplement the original App, unless such upgrades or updates are accompanied by a separate license, in which case the terms of that license will govern. If you choose not to install such upgrades or updates, or if you opt out of automatic updates, you may not be able to continue using the App.
The App allows you to subscribe for other services. These services will be paid-for services with their own terms and conditions.
Your privacy
We only use any personal data we collect through your use of the App in the ways set out in our privacy policy.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Apple and Google store terms also apply
You have chosen to download the App from:
the Apple iPhone store website (Apple Site) located at http://www.apple.com/iphone/appstore/; or
the Google Play store website (Google Site) located at https://play.google.com/store.
Both we and you acknowledge that this Agreement is between us and you, and that Apple, Inc. and its subsidiaries (collectively, Apple) and Google, Inc. and its subsidiaries (collectively, Google) are not parties to this Agreement. We are solely responsible for the content of the App.
The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the Apple Site and the Google Site.
Operating system requirements
This App requires a handheld device which has the most up to date operating system (whether iOS or Android) at the date of release of the version of the App which you have downloaded.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or have any problems using it, please take a look at our support resources at www.tequitrack.com.
Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at helen@tequitrack.com or call them on [TELEPHONE NUMBER].
How we will communicate with you. If we contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with this Agreement you may:
download or stream a copy of the App onto one (1) handheld device (Device) and view, use and display the App on such Device for your personal purposes only;
use any Documentation to support your permitted use of the App;
provided you comply with the Licence Restrictions, make up to one (1) copy of the App and the Documentation for back-up purposes; and
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
You may not use the App on any Device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple Devices at the same time.
Where you may use the App
You may only download this App if you are in the UK. It must also only be used in the UK.
You must be 18 to accept this agreement and buy the App
You must be 18 or over to accept this Agreement and buy the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App as set out in How you may use the App. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any Device on which the App is installed, you must remove the App from it.
Changes to this agreement
We may need to make changes to this Agreement to reflect changes in law, to meet regulatory requirements, or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending you an SMS and/or email (if you have given us your phone number and/or email address) with details of the change, or notifying you of a change when you next start the App.
If you do not accept the notified changes, you will not be permitted to continue to use the App.
Updates to the App
From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other Device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with this Agreement, whether or not you own the phone or other Device.
We may collect technical data about your device
By using the App, you agree to us collecting and using technical information about the Devices you use the App on and related software, hardware and peripherals to improve our products.
We may collect location data (but you can turn location services off)
The App will make use of location data sent from your Device. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use the App, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on your Device [INSERT LOCATION OF SETTINGS AND HOW TO TURN OFF LOCATION SHARING ON APPLE AND ANDROID DEVICES]. Please note that by turning off location services on your Device, the functionality of the App will be affected.
We are not responsible for other websites you link to
The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them or connect with other people through these independent websites.
We are not responsible for other persons you link to
The App may enable you to connect to other users of the App and access content generated by other users of the App (Third-Party Generated Content). Third Party Generated Content is not under our control and neither have we checked and approved it. We accept no responsibility for any reliance you put on it.
You will need to make your own independent judgement about whether to connect to other users of the App and whether to place any reliance on any Third Party Generated Content.
We reserve the right to remove any Third Party Generated Content that contains any of the following:
profane, explicit, discriminatory, threatening or hate language, or anything which is illegal;
any practices we consider to be unsafe or contrary to applicable laws;
links to other sites;
any personal contact information about you or anyone else.
You are directly responsible for any disputes with any other users of the App.
Licence to us of content generated by you
By using the App to view digital content, generating your own content using the App and/or uploading content (whether generated by you or a third party) to the App (User Generated Content), you are also submitting User Generated Content to our servers.
In return for your use of the App, you grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, non-revocable, worldwide license to copy, modify, and otherwise use User Generated Content for our general business purposes.
You are responsible for ensuring that the User Generated Content does not infringe the rights (including the intellectual property rights) of any third party and complies with all applicable laws. If it does not, you will indemnify us and will keep us indemnified from and against all losses arising out of or in connection with any claim or allegation that the User Generated Content infringes applicable laws and/or the rights (including, without limitation, the intellectual property rights) of any third party.
Licence restrictions {#licence-restrictions}
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
not copy the App or Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on the Device as permitted in this Agreement;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
is not disclosed or communicated without the licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
Acceptable use restrictions
You must:
not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system;
not use the App in any way which is or could be considered to be contrary to applicable animal welfare laws (including animal cruelty) or to generally accepted equestrian riding standards;
not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by this Agreement). You should not upload any content to the App that you do not have rights to. In particular you must not upload any content that could or does infringe the intellectual property rights of British Dressage (Charity number: 1155352);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App; and
not use the trademarks, service marks or logos of Hobah or its licensors.
Intellectual property rights
All intellectual property rights in the App and the Documentation throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with this Agreement.
You may not use, remove or alter any trademark, logo, copyright or other proprietary notice in or on the App.
Our responsibility for loss or damage suffered by you or others
We are not responsible for any losses (including those resulting from injuries, accidents or animal welfare matters) resulting from the use of the App (whether those losses relate to any animal, you, other riders or other third parties) except as set out in this Agreement or as provided by law. Horse riding is a dangerous activity, and by choosing to engage in such an activity you assume all risks relating to it, except as set out in this Agreement or as provided by law. In particular you should consider when using the App:
that using headphones when using the App can diminish situational awareness;
that using the App on speaker may spook your animal;
that you and your animal are sufficiently warmed up.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted this Agreement, both we and you knew it might happen.
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 or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages your Device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage sustained to your Device if it is dropped during use of the App. In addition, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not responsible for ensuring that the location you use the App is safe for such use and neither can we accept any responsibility that your use does not amount to trespass or unlawful entry. You are responsible for ensuring that the location you use the App is safe for such use (including free of trip and other hazards) and that you have permission to use it.
We are not responsible for hardware used with the App. The App can be used with beacons and other hardware to allow mapping of you in relation to the area in which you are using the App (Hardware). The terms and conditions which apply to the use of the Hardware are different to this Agreement. We are not responsible for how you or any third party uses the Hardware, for any errors in (including in location reporting) or failure of the Hardware.
We are not responsible for your safety equipment and its use. Horse riding is a dangerous activity. It is essential that you use appropriate safety equipment meeting the latest safety standards when you are near any animals or are riding an animal (whether or not you are using the App), including the use of professionally fitted, certified equestrian helmets (with a visible quality assurance mark) and inflatable safety vests.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations of the App. The App is provided for general information purposes only. It does not offer advice on which you should rely. You must be a competent rider capable of riding an animal alone. You must obtain professional or specialist advice (including from a face-to-face trainer) before taking, or refraining from, any action on the basis of information obtained from the App. We cannot give any assurances that use of the App will affect your competitive record. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
The App is not intended to and cannot replace professional equestrian advice (training, veterinary or otherwise) and following generally accepted equestrian safety standards. Any equestrian advice (training, veterinary or otherwise) is for information only and is not professional advice. You must consult qualified trainers and veterinarians and inform yourself of generally accepted safety standards in order to assess the suitability of the contents of the App for your use and with your animals.
Check that the App is suitable for your use. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the app store site and in the Documentation) meet your requirements. In particular you should consider whether the training is at a level consistent with your animal’s ability and strength, is of a suitable duration and maintains balance and that you and your animal have enough experience and understanding of the contents of the App to carry out the training safely.
Please back up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
We are not responsible for events outside our control. If our provision of the App is delayed by an event outside our control, then we will contact you as soon as possible to let you know. We will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any App functionality you have paid for but not received.
We may end your rights to use the App if you break this agreement
We may end your rights to use the App at any time by contacting you if you have broken this Agreement in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
you must stop all activities authorised by this Agreement, including your use of the App; and
you must delete or remove the App from all Devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may transfer this agreement to someone else
We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
No rights for third parties
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this agreement, we can still enforce it later
Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
This Agreement is governed by English law and you can bring legal proceedings in respect of the App in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App in either the Northern Irish or the English courts.