Terms & Conditions

21/09/17

EQUIMARK Terms of Use

Last Modified: 21 September, 2017

The Equimark Equine Markings App (“EQUIMARK App”) is specifically designed to host equine forms with the tools for individuals to complete.

EQUIMARK is not affiliated in any way with an equine body, association or society (“Equine Group”) and the EQUIMARK App has not been developed for any specific Equine Group. No Equine Group making use of the EQUIMARK App receives any financial benefit from your use of the EQUIMARK App, nor is there any Equine Group that has any financial interest in the EQUIMARK App, which has been developed independently from any Equine Group.

The following terms and conditions (the “Agreement”) constitute an agreement between you and EQUIMARK PTY LTD (“EQUIMARK” or “we”) for the use of the EQUIMARK App and/or Digital Content (each as defined below).

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE EQUIMARK App, AND EXIT NOW.

By downloading and/or using the EQUIMARK App and/or any Digital Content, or clicking on a button indicating your consent, or by executing a purchase on the EQUIPMARK App, you agree to be bound by the terms of this Agreement and Privacy Policy. You acknowledge and accept that your use of the EQUIMARK App and/or any Digital Content indicates your acceptance of this Agreement and Privacy Policy. EQUIMARK may at any time amend these Terms of Use by publishing an amended version on the EQUIMARK Website and/or EQUIMARK App.

If you do not accept these terms and conditions, then you may not download or use the EQUIMARK App and/or Digital Content. In addition, when using the EQUIMARK App and/or Digital Content, you shall be subject to any posted guidelines or rules applicable to such service, features or offers that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.

  1. Definitions

For the purposes of this Agreement:

  • “Digital Content” means digitized equine forms, including other digital content provided hereunder.
  • “EQUIMARK App” means, collectively, EQUIMARK’s digital equine forms through which you can:
  • Digitally complete;
  • Download once purchased;
  • Read and/or otherwise use Digital Content or other items offered by us for use on one or more select devices (e.g., smartphones, tablets, PC/Mac, et al.); and
  • Manage your personal profile and settings.
  • “EQUIMARK Website” means www.equi-mark.com.
  • “Service/s” means the service of Digital Content provided by EQUIMARK and its affiliates to users through the EQUIMARK App that allows users to digitally complete and download the digital equine forms.
  • “User Content” means any content you digitally insert on the Digital Content via the EQUIMARK App, including but not limited to your digital signature, logo and other markings.
  1. Digital Content and Limited License Term
  • You understand and agree that the EQUIMARK App and/or Digital Content you receive through the EQUIMARK App is owned by EQUIMARK and is protected by copyright and other intellectual property laws and treaties. EQUIMARK does not transfer any title, right or interest to or in the EQUIMARK App and/or Digital Content to you.
  • Upon your download and/or use of Digital Content, EQUIMARK grants you a limited, non-exclusive and non-transferable, revocable license to access, view, download, print and use such Digital Content, consistent with the terms of this Agreement.
  • We don’t claim ownership of any User Content that is transmitted, stored, or processed in your account(s) or provided to complete the Digital Content. We also don’t control, verify, or endorse the User Content that you and others make available on the Service.
  • You hereby grant EQUIMARK and its affiliates the right, to use, modify, adapt, reproduce, distribute, display and disclose the User Content posted on the Service solely to the extent necessary to provide the Service or as otherwise permitted by this Agreement.
  • Unless otherwise stated in writing by EQUIMARK, you must not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Digital Content is wrapped or otherwise associated with, and you must not edit, modify, translate or create derivative works or adaptations of the Digital Content.
  1. EQUIMARK App
  • In order to keep your EQUIMARK App up-to-date, EQUIMARK may make available updates/upgrades to the app. If you do not download such updates/upgrades, you may not receive certain features and/or functionality and/or you may lose certain features and/or functionality of the app.
  • You may not modify, reverse engineer, decompile, reproduce, copy, disassemble the EQUIMARK App, create any derivative works from or of the EQUIMARK App, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the EQUIMARK App; e.g., by modifying, defeating, augmenting or substituting any digital rights management functionality.
  1. Your Profile
  • To obtain access to certain Services, you will be required to obtain an account with EQUIMARK (open a “Profile”), this will include confirming or entering certain key data elements into the EQUIMARK App. This may include entering an email address, accurate phone number and password. When opening a Profile you must:
  • Provide true, accurate, current and complete information about yourself as requested by the Service’s registration forms (such information being the “Profile Data”);
  • Maintain and promptly update the Profile Data to keep it true, accurate, current and complete.
  • The EQUIMARK App may use your mobile device’s camera in order to take pictures. Permission to access your device’s camera is used only when required and lets you take pictures from within the EQUIMARK App.
  • By using the Service, you warrant that you have full right and ownership of any and all Profile Data and User Content you upload to, or distribute through, the Service.
  • You are responsible for all activities that take place with your account. EQUIMARK will not be liable for any loss or damage arising from any unauthorized use of your accounts.
  1. In App Purchases
  • The Services available through or in connection with the EQUIMARK App require that you either pay per form, purchase a bundle or a subscription.
  • If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account.
  • If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.
  • You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of account by you or anyone else using your account.
  • EQUIMARK reserves the right to modify the fees charged for the Services from time to time, but will notify you in advance of increases.
  1. Terms of Use
  • You must be at least eighteen (18) years old to use the Service. The use of the Service by anyone under the age of eighteen (18) years old is unauthorized and unlicensed. The use of any of our Service by a minor (as defined in the law of your own country) is subject to the consent of their parent or legal representative. (“Representative(s)”). Representatives who wish to give the consent to their represented minor’s use of our Service should send the email to the Contact Information.
  • You represent to us that:
  • you are at least eighteen (18) years old and;
  • if you are the minor, you have obtained your parents’ consents of use of the Service. You declare that if you are a minor, your Representative(s) have read and agreed with these Terms of Use and Privacy Policy before you start to use the Service.
  • EQUIMARK does not intentionally nor unintentionally collect information from minors in cases where Representatives have not consented to the use of EQUIMARK’s Service by the minor. However if a Representative identifies that a minor has provided EQUIMARK with personal information without the correspondent Representative’s permission, Representative should contact EQUIMARK at Contact Information. Upon Representative’s request, EQUIMARK will delete any personal information of such minor without any further recourse from the Representative. The Representative will fully indemnify and release EQUIMARK from any liabilities, damages, claims or any other legal actions in respect of the provision of the personal information of such minor to EQUIMARK.
  1. Privacy
  • EQUIMARK respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Service. Our Privacy Policy is available on the EQUIMARK Website and/or App and applies to your use of the Service. By using the Service you are agreeing to the terms of our Privacy Policy from time to time.
  • We do not knowingly collect personal information from minors. Any parent or guardian who believes that a minor may have provided personal information to us should send the email to the Contact Information. In such case, we will immediately take necessary actions to delete the personal information of the minor.
  1. Intellectual Property and Other Rights
  • The EQUIMARK Website, EQUIMARK App and/or Digital Content are owned and operated by EQUIMARK.
  • Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service, are protected by the laws of the Republic of South Africa relating to the protection of intellectual property and proprietary rights, including copyright, patent, and trademark laws, as well as laws relating to data protection and security. All Digital Content and the Service, including intellectual property rights herein and thereto, are the property of EQUIMARK or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use Digital Content except as expressly authorized by this Agreement. EQUIMARK reserves all rights not expressly granted in this Agreement.
  1. Suspension of Access

We may modify, suspend, or discontinue access to certain Digital Content in the event of a rights issue or other business or legal issue.

  1. Termination
  • Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement.
  • In case of such termination, you must cease all use of the EQUIMARK App and/or Digital Content, and EQUIMARK reserves the right to immediately revoke your access to the EQUIMARK App and/or Digital Content. EQUIMARK’s failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of EQUIMARK’s rights or remedies.
  • Upon such termination or suspension, you will not be entitled to any refund of unused purchases.
  1. Third Party Services and Content
  • The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole; you acknowledge that we are not responsible for such content or services.
  • Any activity related to third party content, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content.
  • EQUIMARK shall have no liability, obligation or responsibility for any such correspondence or purchase between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for the Services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breach.
  1. Disclaimer of Warranties

USE OF THE EQUIMARK APP AND/OR DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EQUIMARK OR AN AUTHORIZED REPRESENTATIVE OF EQUIMARK CREATES A WARRANTY, AND THE EQUIMARK APP AND/OR DIGITAL CONTENT ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EQUIMARK AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION . EQUIMARK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. EQUIMARK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA THAT MAY RESULT FROM YOUR USE OF THE SERVICE.

  1. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, EQUIMARK AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE EQUIMARK APP AND/OR DIGITAL CONTENT, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE EQUIMARK APP AND/OR DIGITAL CONTENT OR ANY ASSOCIATED PRODUCT, EVEN IF EQUIMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE EQUIMARK APP AND/OR DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. EQUIMARK AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS INCORRED TO YOU. IN ANY CASE, EQUIMARK’S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF DIGITAL CONTENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THAT DIGITAL CONTENT.

  1. Indemnification

You agree to indemnify, defend, and hold harmless EQUIMARK and its affiliates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service, your User Content, your violation of this Agreement or your violation of any applicable law or regulation.

  1. Governing Law; Disputes
  • The laws of the Republic of South Africa, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and EQUIMARK.
  • You agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the Republic of South Africa. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of South Africa.
  1. Complete Agreement and Severability

This is the entire agreement between us and you regarding the EQUIMARK App and/or Digital Content and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

  1. Amendment

We may amend any of the terms of this Agreement in our sole discretion by posting the revised terms on the EQUIMARK App. Your continued use of the EQUIMARK App and/or Digital Content after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

  1. Contact Information

For help with the EQUIMARK App and/or Digital Content, please contact caroline@equi-mark.com.