GENERAL TERMS AND CONDITIONS

of
Equineum Aktiengesellschaft, Kapellenstraße 34 B, 65193 Wiesbaden, Germany
 (hereinafter "EQUINEUM")

§ 1 – Scope, General Provisions, Changes

1.1

These Terms and Conditions apply to all services provided by EQUINEUM on its website (equineum.com) as well as to the services and products offered there (hereinafter "services"). The inclusion of other conditions is hereby rejected. In relation to individual services, additional regulations may apply under certain circumstances, to which reference is made on the occasion of their utilisation by the user. The inclusion of relevant additional provisions shall be made in good time before the user avails themself of the respective service. The same shall apply accordingly to third-party regulations and/or terms and conditions insofar as EQUINEUM arranges access to services and performances of external third parties in individual cases. The content of such provisions shall in principle take precedence over the provisions of these Terms and Conditions.

1.2

A consumer is defined as per this regulation as any natural person who concludes a legal transaction for purposes which can be predominantly attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is defined as a natural or legal person or a partnership with legal capacity that is acting in the exercise of its professional or commercial activity in concluding a legal transaction.

1.3

EQUINEUM's services can in principle be used by both entrepreneurs and consumers. Consumers must however be at least 18 years old. The deciding factor in this context is the age of the user at the time of the utilisation of the respective service. By accepting the General Terms and Conditions, the user confirms that they are at least 18 years of age. The user also agrees to submit proof to EQUINEUM, upon request and by appropriate means, that the aforementioned minimum age has been reached.

1.4

EQUINEUM reserves the right to propose changes to these conditions to the user at any time. Such proposals must be made in text form (e.g. by email) at least 30 days before the proposed changes take effect. If, by this time, the user does not reject the proposed changes vis-à-vis EQUINEUM, the user's consent shall be deemed to have been given regarding the validity of the changed terms and conditions. Otherwise, the user has the option to give extraordinary notice of termination by the given deadline; use of the services provided by EQUINEUM as registered user of the EQUINEUM platform, however, will then no longer be possible. In the context of the notification proposing the changes, EQUINEUM shall also inform the user separately of the options available to the user, the exact date of effect of the proposed changes, the resulting (refusal) period for the user, and the option of giving extraordinary notice termination in the event of refusal.

§ 2 – User Account, Password

2.1

An EQUINEUM user account is required to be able to make use of individual EQUINEUM services. To open a user account, the user must also agree to the inclusion of these terms and conditions, among other things. Creation of a user account takes place via the (online) form provided for this purpose on the EQUINEUM platform. EQUINEUM will then send an email containing a confirmation link to the email address provided by the user. The user must click on the confirmation link. Only then can individual services offered by EQUINEUM be accessed by the registered user. The user also agrees to provide proof to EQUINEUM, on request and by appropriate means, that the information provided by the user in connection with the creation of a user account is correct; EQUINEUM may demand this information particularly if it is suspected that the information provided by a user in connection with the creation of a user account is incorrect and/or incomplete.

2.2

Registered users must inform EQUINEUM immediately of any subsequent changes to their data. This can be done by updating the information in the user account, or alternatively by sending notification to EQUINEUM in text form (e.g. email).

2.3

The user must create their own password when creating an EQUINEUM account. The user has the opportunity to change their password at any time in their user account. The user is at no time permitted to reveal their password to third parties, not even for the purpose of using the EQUINEUM platform by a third party on behalf of the user. Passwords must be kept strictly confidential and protected from access by third parties. If the user is concerned that a third party has obtained knowledge of the password and/or the password is being used by a third party, or if the user is aware of such circumstances, the user must inform EQUINEUM of this immediately in text form (e.g. by email).

2.4

Each user is permitted to create only one user account; this also applies to commercial user account of entrepreneurs. Through the creation of a user account and the use the EQUINEUM platform, the user confirms that they have only one user account and no other accounts. This also applies with respect to any inactive and/or previously existing user accounts.

2.5

In principle, the user has no legal claim to the creation and/or continuation of a user account. User accounts may not be transferred to third parties.

§ 3 – Costs, Charges, Prices

3.1

EQUINEUM charges fees for some of its services; the user must pay to use these specific services. EQUINEUM's fee-based services are listed as such on the EQUINEUM platform. Further details of incurred costs can be found in the individual descriptions of the respective services; the user will also be informed of the specific costs incurred and the exact content of the services claimed in each case when making use of these fee-based services. Price quotations from EQUINEUM are always understood as final prices including statutory taxes.

3.2

Pursuant to § 2 of these Terms and Conditions, there is no charge for creating a user account.

3.3

Insofar as EQUINEUM is, in individual cases, authorised and/or obligated to remove user-supplied content (texts, files, images, etc.), for example in violation of applicable law, public order and/or morals, this has no influence on any obligation on the part of the user to pay the remuneration owed within the framework of the utilisation of a fee-based service.

§ 4 – Services of EQUINEUM

4.1

Further information on the individual services offered by EQUINEUM on its platform can be found in connection with their respective (service) description, as well as on the individual costs incurred in the event of the user making use of them. EQUINEUM is essentially free with regard to the design of its website; this applies equally to the provision of certain services and changes to and/or discontinuation of such services, as well as to the provision of new services.

4.2

EQUINEUM shall make every effort to ensure that the website it operates, including the services offered therein, is available without interruption. However, a time-limited restriction must be reserved, in particular for maintenance work and comparable measures. EQUINEUM will always consider the user's interests in this context and announce short-term (access) restrictions in advance, if possible.

4.3

The user shall have no claim on the continued and/or future provision of individual services of EQUINEUM, nor shall the user have any claim to the provision of future individual services on certain conditions, in particular to those conditions that once existed in the past. Nor shall the user have any claim to the use of the services offered by EQUINEUM via specific application environments; in this respect EQUINEUM shall be free, for example, to offer the platform it operates alternatively – and exclusively, if necessary – as an app solution.

§ 5 – User Obligations

5.1

The user is not permitted to use information/data obtained from the EQUINEUM platform for purposes other than those directly intended for the platform. This also includes a use of relevant information/data outside of the platform itself unless such use is indispensable in individual cases for the execution of a legal transaction established over the platform. This applies, for example, but not exclusively, to the contact data of another user obtained over the platform.

5.2

Outside of the services offered by EQUINEUM, the user is in principle prohibited from advertising on the platform; this also includes advertising other (online) services not provided by EQUINEUM.

5.3

The user shall not be permitted to distribute the services offered by EQUINEUM in any way, including making individual contents of the platform accessible outside the platform operated by EQUINEUM itself. This also includes embedding corresponding services/content in other websites for which EQUINEUM holds no responsibility.

5.4

The user is solely responsible for the content (texts, files, images, etc.) provided by them. The user is not permitted to provide or make publicly accessible content in violation of applicable law, public order, or morality. This applies, for example, but not exclusively, to content that is offensive, pornographic, racist, and/or glorifies violence. EQUINEUM reserves the right to remove such content, including content which refers thereto, without advance notice. There shall be no claim to reinstatement in this context.

5.5

The user is also prohibited from the use of the infrastructure provided by EQUINEUM for purposes other than those directly intended for the platform.

§ 6 – Termination, Consequences of Termination

6.1

Except as and to the extent expressly provided, both parties are free to the execute the ordinary termination of contracts, including the agreement on the use as a registered user of the platforms operated by EQUINEUM with notice of one month at the end of the following month. Termination must be given in text form (e.g. by email).

6.2

Both parties may terminate without notice for good cause at any time. In particular, EQUINEUM is entitled to such extraordinary termination if and insofar as the user violates the obligations incumbent upon them pursuant to § 5 of these provisions and/or EQUINEUM can no longer reasonably be expected to maintain a contractual relationship with the respective user for reasons for which the user is responsible.

6.3

After the termination takes effect, the use, as a registered user, of the services offered by EQUINEUM shall no longer be possible, and the user's account shall be deactivated accordingly. Such deactivation shall have no impact on content provided by the user (texts, files, images, etc.), which in this respect remains on the EQUINEUM platform and may be used, displayed, and made publicly accessible without changes by EQUINEUM in accordance with the rights of use granted to it.

6.4

An extraordinary notice of termination issued by EQUINEUM for good cause shall in principle not affect an existing obligation of the user to pay remuneration owed as part of the agreement, for example for the use of a fee-based service.

6.5

If EQUINEUM issues an extraordinary notice of termination for good cause, the affected user shall not be permitted to re-register or log into the EQUINEUM platform.

§ 7 – Right of Revocation

7.1

As a consumer, the user is principally entitled to a right of revocation.

Information is provided as follows:


Revocation Instruction

Right of Revocation

You have the right to revoke this contract within fourteen days without having to give a reason.

The revocation period amounts to fourteen days from the day on which the contract was concluded.

To exercise your right of revocation, you must notify us at

Equineum Aktiengesellschaft
 Kapellenstraße 34 B
 65193 Wiesbaden, Germany

email: info@equineum.com

with a clear explanation (e.g. through postal mail, fax, or email) of

your decision to withdraw from this contract. You may use the attached revocation form, although this is not mandatory.

For compliance with the revocation period it is sufficient that you send notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; you will not be charged for this refund.

If you have requested that the services begin during the revocation period, you must pay us a reasonable amount, corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of revocation with regard to this contract in comparison to the total scope of the services provided for in the contract.

End of the revocation instruction


Revocation Form

(If you wish to revoke the contract, please fill out this form and return it to us at the following address.)

Equineum Aktiengesellschaft
 Kapellenstraße 34 B
 65193 Wiesbaden, Germany
 email: info@equineum.com

–          I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

–          Ordered on (*)/received on (*)

–          Name of consumer(s)

–          Address of consumer(s)

–          Signature of consumer(s) (only for paper-based notification)

–          Date

___________
 (*) Strike out as appropriate.


7.2

There is no right of revocation according to the aforementioned provisions if the user is an entrepreneur and concludes a contract in the exercise of the user's professional or commercial activity.

§ 8 - Right of Retention, Set-off

Rights of retention may be exercised reciprocally only insofar as they involve claims from the same contractual relationship. The same applies with regard to set-offs.

§ 9 – Liability

9.1

Excluding injury to material contractual obligations, for injury to life, body, or health, for fraudulent concealment of a defect, for the assumption of a guarantee for the characteristics of a purchase object and/or for claims from the Product Liability Act, as well as in all other cases regulated by law, EQUINEUM is liable only for malice and gross negligence. Material contractual obligations are those which must be fulfilled to achieve the objective of the contract. EQUINEUM is however liable only insofar as the damages are typically connected with the contract and foreseeable. Insofar material contractual obligations are affected, EQUINEUM's liability with regard to ordinary negligence is limited to the amount for damages that are foreseeable and typical to the contract. In the event of a breach of immaterial contractual obligations, liability shall not extend to breaches of obligation involving ordinary negligence. Insofar as EQUINEUM has no liability or limited liability, this shall also apply to the personal liability of employees, workers, staff, representatives, and vicarious agents of EQUINEUM.

9.2

No liability is assumed for loss of data in relation to content (files, images, etc.) posted by the user.

§ 10 – Copyrights, Third-Party Rights

10.1

With regard to content (files, images, film material, etc.) posted by the user, the user shall grant EQUINEUM within the framework of the provision of services a right of use that is non-exclusive, free, transferable, and unrestricted in terms of content, time, and territory. The corresponding right of use entitles EQUINEUM to use, store, and reproduce said content, as well as to make it publicly accessible and/or to have it made publicly accessible by third parties. The user also grants EQUINEUM the right to edit, redesign, translate, and/or use for advertising purposes content posted by the user, including outside the EQUINEUM platform, for example in third-party print media and/or social media and/or to have such content used by third parties. The granting of the aforementioned rights is likewise gratuitous and irrevocable. The foregoing also applies with respect to content that has been modified, removed, or replaced by the user. EQUINEUM shall at all times consider the legitimate interests of the user in exercising these granted rights of use.

10.2

In exercising the rights of use granted to it according to the aforementioned provisions, EQUINEUM is entitled to refrain from naming or from the obligation to name the respective user as author or beneficiary of rights protection. The user thus agrees to waive the right to a corresponding copyright designation. Notwithstanding the foregoing, EQUINEUM is not permitted to provide user-supplied content with a different (thus incorrect) copyright designation.

10.3

EQUINEUM assumes no liability for violations of third-party rights, in particular with respect to commercial protection rights such as trademark, design, patent, or competition rights which may arise from content for which the user is responsible, in particular content supplied by the user.

10.4

By posting content, the respective user assures EQUINEUM that they have the right to publish the content or make it publicly accessible, in particular without the requirement to attach a copyright notice. With respect to photographs/images of persons, the user moreover assures EQUINEUM that the persons thus represented have given their consent to distribution and public accessibility of the images; the user shall prove the existence of such consent by appropriate means if requested to do so by EQUINEUM. The above notwithstanding, consent of the represented person is in principle not required in the case of the existence of one of the reasons named in § 23 of the German Copyright Act (KunstUrhG), unless the distribution or publication of the images constitutes a violation of a legitimate interest of the represented person or, if that person is deceased, their family.

10.5

Insofar as the respective user is responsible for a violation of third-party rights pursuant to one of the above-mentioned provisions, the user shall indemnify EQUINEUM from any resulting third-party claims on account of such violations. This also includes indemnification from costs necessarily arising as part of the safeguarding of EQUINEUM's legitimate legal interests, in particular the costs of an appropriate legal defence. In such case, the user shall also provide EQUINEUM, at the latter's request, with all information necessary for such an appropriate legal defence.

10.6

The user is in principle prohibited, subject to consent of the rights holder in individual cases, from appropriating third-party content, in particular also content posted by other users, as well as from editing, reproducing, making publicly available, and/or in any other way distributing third-party content, unless this is done in connection with a service offered directly by EQUINEUM. The above also applies with respect to property right and/or copyright information of third parties as well as with respect to brands and/or logos, which the respective user is not authorised to use or dispose of.

§ 11 – Data Privacy

Information on data privacy can be found in EQUINEUM's Data Privacy Policy. You can find this here:

https://equineum.com/en/privacy

The provisions of the data protection notice are to be understood as special provisions pursuant to § 1.1 of these Terms and Conditions.

§ 12 – Applicable Law, Place of Performance, Place of Jurisdiction, Severability Clause

12.1

The laws of the Federal Republic of Germany apply with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). With respect to consumers, this shall apply only if the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn.

12.2

Insofar as the user is not a consumer but a merchant, a legal entity under public law, or a special fund under public law, place of performance for all services arising from a contract concluded with EQUINEUM as well as place of jurisdiction shall be Wiesbaden. The same applies if the user does not have a general place of jurisdiction in Germany or the EU or if the user's place of residence or habitual abode is unknown at the time that the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected by the above provisions.

12.3

Should single provisions in these Terms and Conditions be or become invalid or incomplete either in whole or in part, this will have no effect on the remaining provisions. The relevant statutory provision shall apply in place of the invalid/incomplete provision.

Equineum Aktiengesellschaft
 Kapellenstraße 34 B
 65193 Wiesbaden, Germany

Version from: 01 May 2020