HeyHorsy terms of use

AGREEMENT TO TERMS

These Terms and Conditions outline the rules and regulations for the use of www.heyhorsy.com website.

HeyHorsy provides an information society service as a virtual marketplace. The Service provider is HH Nordics Ltd.

By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use www.heyhorsy.com website and services if you do not accept all of the Terms and Conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the HH Nordics Ltd. Terms and Conditions. "The Company", “Heyhorsy”, "Ourselves", "We", "Our" and "Us" refers to HH Nordics Ltd. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. “Service” means Heyhorsy marketplace service.

All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of Estonia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

The following Terms and conditions may be updated by us on time to time without notice to you. You can review the most current version of the Terms & Conditions at any time at www.heyhorsy.com.

You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of this site.

USE OF HEYHORSY

Both free and paid services can be available on the online platform. Chargeable services are identified as such. The services available on the online platform may also include third-party services to which Heyhorsy merely provides access. For the use of such services - which are identified as third-party services - different or additional regulations may apply to these terms and conditions.

HeyHorsy is entitled at any time to change services provided free of charge on the online platform, to make new services available free of charge or against payment and to cease the provision of free services. Heyhorsy will take into account the legitimate interests of the users.

HeyHorsy temporarily restricts its services if this is necessary due to reaching capacity limits or the risk to the security or integrity of the server or to carry out technical measures. HeyHorsy will take the legitimate interests of users into account, e.g. B. by announcing planned maintenance work.

The content accessible on the online platform - with the exception of the legally permitted cases or if contractually agreed - may not be copied, distributed or otherwise made publicly available without the consent of the respective rights holder. The use of computer programs for automatic reading of data, such as crawlers, is also prohibited.

HeyHorsy does not expressly or impliedly guarantee the sale of your horse, your horse's services, nor the owner's products or services. All advertisement listings are subject to reasonable editorial changes to maintain the integrity and prestige of our service. If you provide contact information for people interested in your horse(s) products or services, HeyHorsy is not responsible for any misuse of this information. It is your responsibility to remove your ad from the heyhorsy.com service upon sale or transfer. Heyhorsy is not responsible for typos or accidental errors appearing on the service. HeyHorsy is not responsible for violations created or caused by service users and/or customers. Potential violations include, but are not limited to: copyright, trademark, trade names, patents, or other violations of any local, state, federal or international laws.

HeyHorsy, in its sole discretion, may display your classified ad on any, some or all of its partner Networks without your consent. We suggest that you report any incidents of fraud to the Internet Crime Complaint Center and your local authorities. Subject to a court order or law enforcement directions heyhorsy.com reserves the right to remove or not remove an ad based on the accusation of fraud. Postings on HeyHorsy are dynamic and Heyhorsy is not responsible for saving variations and changes to postings.

Heyhorsy does not as a matter, of course, retain copies of expired postings. Data backup is not part of the contract. Heyhorsy can back up the data, such as the texts and photos contained in the advertisements, without being obliged to do so.

LIABILITY

HeyHorsy an information society service (a means of communication) provider between sellers and buyers, we cannot guarantee or take any responsibility for the content uploaded by the seller and the sales process between the seller and the buyer.

HeyHorsy is provided on an "as is" and "as available" basis. We do not represent, warrant or guarantee that access to the Service will be uninterrupted. In case of any faults in the software, we will make our best effort to correct them as soon as possible.

HeyHorsy is not liable for any loss or damage that you may incur as a result of using Heyhorsy, or relying on it as a seller or also as a buyer or potential buyer, including but not limited to: any direct or indirect property damage or monetary loss; loss of profit; loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; loss or inaccuracy of data; and any other type of loss or damage.

You will have the right to claim for damages only if HeyHorsy has deliberately violated the terms of the contract. HeyHorsy is not liable for the actions or inactions of the seller, the buyer or the potential buyer.

You agree to fully indemnify and hold HeyHorsy harmless from any claims or losses (including liabilities, damages, costs, and expenses of any nature) that they suffer as a result of your use of the Heyhorsy platform.

We expect that you use Heyhorsy services in good faith. Heyhorsy serves the right to immediately, without further notice, end your use of Heyhorsy services without any further compensation, if you breach these Terms and Conditions (i.e. fraud, being disrespectful towards other users, etc.).

NO WARRANTY

HeyHorsy does not guarantee the sale of your horse, your horse's services, your products or services or any other product or service advertised on heyhorsy.com’s site. HeyHorsy does not guarantee the owner/seller's services, representations, or any horse's performance or fitness for a particular purpose. In addition, HeyHorsy strongly recommends that a pre-purchase exam should be performed by the buyer's equine veterinarian of choice, on any horse prior to purchase. Heyhorsy does not guarantee or warrant the performance of any person or entity advertising on its site. Heyhorsy does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

You are obliged to use the Services provided by HeyHorsy in a secure manner and with due care and to ensure that the applications and equipment used by You are secured. You are obliged to keep the Password, usernames or other information related to access of Your account confidential from other persons. HeyHorsy is not responsible if unauthorized access follows from users' actions or inactivity regarding the safety of the information, equipment or applications used by You.

We have the right to disable any user identification code or password, 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 of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at hello@heyhorsy.com.

By using the Service, You confirm that You have the right to perform the contract.

By using the Services, You undertake to provide fully truthful information, including true information on the quality and condition of the horse being sold and other details that may influence the Buyer's decision to purchase the horse. You undertake to conduct only lawful purchase and sale transactions through the Portal.

You undertake to ensure that Your activities are conducted in accordance with good morals. You also undertake to ensure that its activities are in accordance with the laws and regulations, including the consumer protection act, when selling as a juridical person (B2C). You confirm that You are aware that when selling the horse, You may be responsible for the declaration and payment of all taxes applicable according to the law.

You are responsible for Yourself for the performance of sales contract(s) entered into with other parties. Complaints and inquiries related to the horse or goods sold must be submitted directly to the Seller.

REGISTRATION OF AN USER ACCOUNT

To use certain HeyHorsy services or to purchase certain products, it is necessary to register a user account. This can be done, for example, by filling out a registration form on the Heyhorsy website or through your Facebook account. After submitting the registration form, HeyHorsy can request confirmation of the e-mail address by clicking on a confirmation link that the HeyHorsy user receives by e-mail.

Unless otherwise agreed, the registration of a user account is generally possible free of charge.

When registering, the user sets his password within the scope of the options available at HeyHorsy. The user must keep the selected password secret and keep it protected from access by third parties. Passing on the password to third parties is not permitted. If the user has lost the password or if he ascertains or suspects that his password is being used by a third party, he must inform Heyhorsy immediately.

The user can adjust and change his password in his user account at any time. A regular change of the password is recommended.

LICENSE

Unless otherwise stated, HeyHorsy and/or its licensors own the intellectual property rights for all material on Heyhorsy. All intellectual property rights are reserved. You may access this from HeyHorsy for your personal use subjected to restrictions set in these terms and conditions.

You must not:
● Republish material from Heyhorsy
● Sell, rent or sub-license material from Heyhorsy
● Reproduce, duplicate or copy material from Heyhorsy
● Redistribute content from Heyhorsy

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. HeyHorsy does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Heyhorsy, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, HeyHorsy shall not be liable for the Comments or any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Heyhorsy reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

● You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
● The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
● The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
● Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Heyhorsy a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any form, formats or media.

HYPERLINKING TO OUR CONTENT

The following organizations may link to our Website without prior written approval:

● Government agencies;
● Search engines;
● News organizations;
● Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
● Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:

● commonly-known consumer and/or business information sources;
● dot.com community sites;
● associations or other groups representing charities;
● online directory distributors;
● internet portals;
● accounting, law and consulting firms; and
● educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Heyhorsy, and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Heyhorsy. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:
● By use of our corporate name; or
● By use of the uniform resource locator being linked to; or
● By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Heyhorsy's logo or other artwork will be allowed for linking absent a trademark license agreement.

ADVERTISING ON HEYHORSY

The Information you provide concerning your horse or other products must be accurate and truthful.
All horses and products should be listed honestly and truthfully by their owners providing full detail about the suitability of the horse to undertake activities and to include any past or current health or behavior issues that may influence the horse’s ability to participate in certain activities. It is important to upload suitable images of the horse to the advert.

By using the HeyHorsy Website interested parties are required to complete the online application form. The Owner is advised to thoroughly read the content of the application before making any decision. The application will provide the Owner with a broad, in-depth account of the person’s experience, what they wish to do with the horse or product, where they intend to keep it and the time and commitment they can give to the horse.

HeyHorsy will not knowingly introduce owners to unsuitable buyers or loanees. Heyhorsy cannot, however, be held responsible for any incompatibility between owner and buyer or loanee and will not be responsible for any costs incurred in rectifying any problems.

HeyHorsy only acts as an introducer between owner and buyer or loanee. It is the responsibility of the owner to ensure the new owner or loanee is suitable.

The images submitted on your listing may be used for promotional purposes.
No emotive language may be used in the advertisement for the horse and will be removed by Heyhorsy if deemed inappropriate.

FEES AND SERVICES

Joining Heyhorsy and listing your advertisement is free of charge. Heyhorsy charges a percentage of the sale price when the item sells.  Heyhorsy.com charges a 10% fee on all sales charges with a minimum fee of 1€. Fees will be included in the final sale price of an item on an order. When you list an item you have the chance to review and accept the fees that you will be charged. Unless otherwise stated, all fees are quoted in euros (EUR).

HeyHorsy reserves the right to change the fees at any time and display advertisements in any order.

INVOICING

You will provide us with valid and updated credit card information, Paypal, or any other alternative payment method reasonably acceptable to us. If you provide the credit card information to us, you authorize a credit card for all purchased services listed on the order.

If the order specifies that payment will be by a method other than a credit card, we will invoice you in advance and otherwise in accordance with the relevant order form.

HeyHorsy receives your payments by bank transfer. HeyHorsy or the payment service provider may ask additional data from you to verify the payment method.

HeyHorsy is not responsible for possible third-party payment costs (bank fees etc). These service providers may charge you additional fees when processing payments. Heyhorsy is not responsible for any such fees and disclaims all liability in this regard.

Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.

DISCLAIMER

No guarantees of the functioning of the HeyHorsy service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.

THE REMOVAL OF THE USER

The service provider has the right to remove any users from HeyHorsy and terminate their right of use of the service without any specific reason and without being liable for compensation.

APPLICABLE JURISDICTION 

The jurisdiction that is applicable in this service and these terms of use is that of Finland, unless something else is required by binding law.

FINAL PROVISIONS

As a consumer, You may use the ODR platform managed by the European Commission to settle disputes. This platform can be found on ec.europa.eu/odr. You may also refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile.

The General Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the Republic of Estonia. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in Harju County Court. As a consumer, You may, however, always institute proceedings in the competent court of its domicile.

If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.

The data we obtain from Facebook or Google will be used to set up your HeyHorsy account. This means that we will use the member name of your Facebook or Google account as the member name for your HeyHorsy account so that it will be visible to other visitors to the Website and users of the App. Other data obtained from Facebook or Google will not be visible to anyone on the Platform.

You can at any time undo the link with your Facebook or Google account. This can be done under "Account" in your HeyHorsy account. 

Collection and use of data is based on your consent (Art. 6 (1) (a) of the GDPR).

Manage your data

Personal data collected and used for this purpose are kept for as long as we keep your HeyHorsy account – for 3 months from the date of deletion of your HeyHorsy account or for 5 years and 3 months of inactivity on your account.

If you'd like your user data to be deleted earlier than the periods mentioned, please contact hello@heyhorsy.com for the data deletion.