Equester Portal Classification: Public Page 1 of 11 Terms and Conditions Last updated: May 2023 Please read these terms and conditions carefully before using Our Service. Interpretation and Definitions Introduction: o This Mobile Application Equester (the “Application”) is owned and operated by Equester Portal, a company incorporated in the United Arab Emirates with its registered office at P.O. Box: 10011, Dubai, United Arab Emirates (“Company,” "we,” "us" or "our"). References to "You, “User,” "your," and "yours" “Clients” are references to the person(s) accessing the Application. o Equester Portal maintains the www.equester.ae Website ("Site"). Interpretation The words of which the initial letter is capitalized have meanings defined under the following Terms and Conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural. Definitions For these Terms and Conditions: o Application means the software program provided by the Company downloaded by You on any electronic device. o Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded. o Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority. o Account means an individual account created for You to access our Service or parts of our Service. o Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content. o Country refers to United Arab Emirates o Company means the Equester Portal Company. o Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet. o Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service. o Goods refer to the goods, services, and Subscriptions offered for sale on the Application. o Orders mean a request by You to purchase Services and Goods from Us. o In-app Purchase refers to the purchase of Services or Subscriptions through the Application. o Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
Equester Portal Classification: Public Page 2 of 11 o Service refers to the Application. o Subscriptions refer to access to the services offered on a subscription basis by Equester to You. o Free Trial refers to a limited period of time that may be free when purchasing a Subscription. o Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. o Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service. Acknowledgment o These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. o Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service. o By accessing or using the Service, you agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service. o You represent that you are over the age of 21. The Company does not permit those under 21 to use the Service. o Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy (https://www.equester.ae/privacy-policy-copy). Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application and outline Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Placing Orders for Services or Goods By placing an Order for Services or Goods through the Equester Portal, you warrant that You are legally capable of entering into binding contracts. Horse riding schools, by accepting these terms and conditions, they authorize Equester Portal to act as their agent to solicit, promote and conclude contracts for equestrian orders in their name and on their behalf and to collect customer payments owed to Horse Riding Schools in respect of those orders. Customer payments made in respect of orders placed with the mentioned schools through the app will be held by Equester Portal on their behalf; payment to Equester Portal settles the customer’s payment obligation to the Horse-Riding Schools for these orders.
Equester Portal Classification: Public Page 3 of 11 Your Information o If You wish to place an Order for Services or Goods available, you may be asked to supply certain information relevant to your Order, including, without limitation, Your name, Your email, Your phone number, Your billing address, and Your shipping information. o You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment methods in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete. o By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. Service Commission and Fees o As a service provider, any transactions made to you through the Equester App are subject to our applicable commission from time to time. Our commission fee is calculated as a percentage of your selling price (inclusive of VAT) per order. o Equester Portal will transfer to you an amount equal to the selling price (inclusive of VAT) per order during the relevant payment period, less any relevant adjustments for refunds paid to customers during the relevant payment period, and less any bank charges due to bank Transfer. o You will receive payments from us by our payment terms applicable in the country you operate in occasionally. We’ll make this payment by electronic bank transfer to your nominated bank account. o At the end of every relevant period, Equester Portal will provide the Service Providers with financial reports showing the generated income from Equester App for every relevant period. o You must cooperate with us so that we can comply with our VAT accounting obligations. Order Cancellation o We reserve the right to refuse or cancel Your Order at any time for specific reasons, including but not limited to the following: • Services or Goods availability. • Errors in the description or prices for Services/Goods. • Errors in Your Order. o We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected. App Users Order Cancellation Rights o Any Services or Goods you purchase can only be canceled or returned by the terms and conditions and returns policy of the Horse-Riding Schools (Services) or Vendors (Goods) where the service or product has been purchased from.
Equester Portal Classification: Public Page 4 of 11 Availability, Errors, and Inaccuracies o We are constantly updating Our offerings of Services and Goods. The Services and Goods available on Our Portal may be mispriced, described inaccurately, or unavailable. We may experience delays in updating information regarding our Services and Goods and our advertising. o We can not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Prices Policy o The Company reserves the right to revise its prices before accepting an Order. o The prices quoted may be revised by the Company after accepting an Order in the event of any occurrence affecting the delivery of Services or Goods caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, you will have the right to cancel Your Order. Payments o All Services purchased are subject to a one-time payment. o Visa or MasterCard debit and credit cards in AED will be accepted for payment. o Payment can be made through various payment methods we have available, such as Visa Card, Master Cards, and Apple Pay. o Cardholders must retain a copy of transaction records, Merchant policies, and rules. o Payment cards (credit or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required permission, we will not be liable for any delay or non-delivery of Your transaction. o Once the payment is made, the confirmation notice will be sent to you via email within 24 hours of receipt of payment. o Your transaction is complete when we receive your full payment. Payments can be made online through Equester App. An online confirmation email will be sent to you during registration and payment. This email serves as a confirmation of your booking. Billing & Fees Billing o By placing an Order for Services and Goods through Equester Phone App, you warrant that You are legally capable of entering into binding contracts. o You shall provide the Company with accurate and complete billing information, including full name, address, telephone number, and valid payment method information. o You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment methods (s) in connection with any Order; and that (ii) the information You supply to us is accurate, correct and complete. o By submitting such information, you grant us the right to provide the information to payment processing third parties to facilitate the completion of Your Order.
Equester Portal Classification: Public Page 5 of 11 o Should automatic billing fail to occur for any reason, the Equester Portal will issue an electronic invoice indicating that you must proceed manually, within a specific deadline date, with the full payment corresponding to the billing period, as shown on the invoice. o You may be asked to supply certain information relevant to Your Order, including, without limitation, Your name, Your email, Your phone number, and Your billing address. o If the Subscription has been made through an In-app Purchase, billing is handled by the Application Store and is governed by the Application Store's terms and conditions. Admin Fees & Admin Fees Changes o The Equester Portal has the right to apply an admin fee per each transaction made via the app. o The Equester Portal in its sole discretion and at any time, may modify the Admin fees. o The Equester Portal will provide You with reasonable prior notice of any change in Admin fees. Refunds o Except when required by law, paid Admin fees are non-refundable. Use of the Service by Sellers of Goods The third-party sellers of Goods may access and use the Service as any other users. However, our relationship with the sellers of Goods through the Service shall be governed by these Terms and Conditions and a separate agreement entered between us and the seller of Goods. In-app Purchases o The Application may include In-app Purchases that allow you to buy Services or Goods. o More information about managing In-app Purchases using your Device may be set out in the Application Store's terms and conditions or your Device's Help settings. o In-app Purchases can only be consumed within the Application. If you make an In-app Purchase, that In-app Purchase cannot be canceled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred. o If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You a patch to repair the fault. We will never charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, you may contact the Application Store directly. o You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's terms and conditions.
Equester Portal Classification: Public Page 6 of 11 o If you have any payment-related issues with In-app Purchases, then you need to contact the Application Store directly. Promotions o Any Promotions made available through the Service may be governed by rules that are separate from these Terms. o If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. User Accounts o When You create an account with Us, you must provide Us with information that is accurate, complete, and current constantly. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. o You are responsible for safeguarding the password You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. o You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any security breach or unauthorized use of Your account. o You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Content Your Right to Post Content o Our Service allows You to post Content. You are responsible for the Content You post to the Service, including its legality, reliability, and appropriateness. o By posting Content to the Service, you grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain all of Your rights to any Content You submit, post, or display on or through the Service, and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. o You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Equester Portal Classification: Public Page 7 of 11 Content Restrictions o The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. o You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following: 1. Unlawful or promoting unlawful activity. 2. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups. 3. Spam, machine – or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. 4. Contains or installs any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person. 5. Infringing on any party’s proprietary rights, including patent, trademark, trade secret, copyright, right of publicity, or other rights. 6. Impersonating any person or entity, including the Company and its employees or representatives. 7. Violating the privacy of any third person. 8. False information and features. o The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service, You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable. You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. Content Backups o Although regular Content backups are performed, the Company does not guarantee no data loss or corruption. o Corrupt or invalid backup points may be caused by, without limitation, corrupted content prior to being backed up or that changes during the time a backup is performed.
Equester Portal Classification: Public Page 8 of 11 o The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the Content backups. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. o You agree to maintain a complete and accurate copy of any Content in a location independent of the Service. Copyright Policy Intellectual Property Infringement o We respect the intellectual property rights of others. Our policy is to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. o If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit Your notice in writing to the attention of our copyright agent via email at info@equester.ae and include in Your information a detailed description of the alleged infringement. o You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content infringes Your copyright. DMCA Notice and DMCA Procedure for Copyright Infringement Claims o You may submit a notification under the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest. 2. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work. 3. Identification of the URL or other specific location on the Service where the material You claim is infringing. 4. Your address, telephone number, and email address. 5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 6. 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. o You can contact our copyright agent via email at info@equester.ae. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service. Intellectual Property
Equester Portal Classification: Public Page 9 of 11 o The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors. o The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. o Our trademarks and trade dress may not be used with any product or service without the Company’s prior written consent. Your Feedback to Us You assign all rights, titles, and interests in any Feedback You provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction. Links to Other Websites o Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. o The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. o We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit. Termination o We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. o Upon termination, your right to use the Service will cease immediately. If You wish to terminate Your Account, you may simply discontinue using the Service. Limitation of Liability o Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or AED 100 if You haven't purchased anything through the Service. o To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or
Equester Portal Classification: Public Page 10 of 11 inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. "AS IS" and "AS AVAILABLE" Disclaimer o The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, or systems, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected. o Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Governing Law United Arab of Emirates is our country of domicile” and stipulates that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in the U.A.E. The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Moreover, Equester Portal will not trade with or provide any services to OFAC and sanctioned countries. Disputes Resolution If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company. The courts of Dubai shall have jurisdiction to resolve any disputes arising under these Terms and Conditions. For European Union (EU) Users
Equester Portal Classification: Public Page 11 of 11 If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Severability and Waiver Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall be the waiver of a breach constitute a waiver of any subsequent breach. Changes to These Terms and Conditions We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. Contact Us If you have any questions about these Terms and Conditions, you can contact us: • By email: info@equester.ae