Terms of Service for Users - Updated
These terms apply to users who use Hopoti’s services.
Updated 1 March 2019
These general terms of service (hereinafter referred to as “Terms”) concern the horse riding booking system provided by Hopoti Software Oy and other related services (“Service” or “Services”). The Service may be used to book and purchase services related to horse riding, riding lessons and other services related to horses.
Please review these Terms carefully. By using the Service, You agree to these terms. If You do not agree to the Terms in their entirety, You do not have the right to use the Service.
In the context of these terms, “You” refers to the user of the Service. In the context of these Terms, “we”, “us” and “Hopoti” refer to Hopoti Software Oy.
“Seller” refers to service providers whose services (e.g. riding lessons) can be purchased in the Service. If You are under 18 years of age, You must acquire an approval from your guardian before using the Service and agreeing to these Terms. In addition to these terms, You must also agree to the rules concerning the services of each Seller (“Seller’s rules”).
Hopoti reserves the right to make amendments to these Terms. Information regarding any essential amendments to these terms will be transmitted via the Service. All amendments will become valid on the date announced. By continuing to use the Service after any amendments to the terms have been made, You agree to observe the amended terms.
2. The Service and services purchased via the Service
Hopoti is in no way responsible for the services provided by Sellers. Complaints and requests related to these services must be sent directly to the Seller.
The Service may contain advertisements by third parties and other links to services and websites of third parties. Using these links will take You outside the Service, and You will be redirected to a third-party service at your own risk. Hopoti is not responsible for such advertisements or third-party websites and services.
Hopoti endeavours to develop the Service and ensure minimum disruption to the Service’s functionality. Hopoti reserves the right to edit or delete the content, structure, service hours of the Service or its parts and other matters related to the Service.
Hopoti reserves the right to shut down the Service temporarily or permanently or restrict access to the Service. You must acquire the devices, software and data connections (e.g. mobile network and Internet connections) required to use the Service and the related data protection and updates in accordance with the current compatibility requirements provided by Hopoti at your own expense. The use of devices, software and data/material that may cause disruptions is strictly forbidden.
3. Right of use
Provided that You observe these Terms, You have the non-exclusive and non-transferable right to use the Service in accordance with the current instructions provided by Hopoti.
You may access the Service via an access device (e.g. a computer or smartphone) (“Device”).
The following terms set restrictions on the access right:
a) You are not allowed to in any way copy or edit the Service and the material it contains (permanently or temporarily) in whole or in part for other purposes than using the Service in accordance with the instructions provided by Hopoti. However, it is not prohibited to copy electronic material, if this is necessary for the purpose of reviewing the electronic material;
b) You are not allowed to reverse engineer, modify, copy, repair or change the Service or the material contained therein, create derivative works of the Service or attempt to reverse engineer or access the software’s source code to a greater extent than required by law;
c) You are not allowed to rent, sublicense, reassign or sell the Service to a third party or grant a third party access or right of use to the Service;
d) You are not allowed to remove, cover or edit any copyright markings and trademarks within the Service or the material contained therein. You are also not allowed to remove, cover or edit advertisements within the Service;
e) You are not allowed to endeavour to break into any parts of the Service; and
f) You are not allowed to pretend to be someone else or use a pseudonym.
4. User account and password
Usage of the service may require a personal user ID and password (“Login credentials”). Hopoti reserves the right to make amendments to the Login credentials at any time, for example, if it is necessary due to reasons related to data security. Hopoti shall never store your password in an unencrypted format and, consequently, cannot provide You with your password. The ownership of the Login credentials is retained by Hopoti.
The Login credentials must be stored carefully and may not be transferred or disclosed to a third party. You are responsible for the uses performed with your Login credentials. You must inform us about the unauthorised use or attempted unauthorised use of your Login credentials without undue delay.
5. Liability regarding the usage of the Service
Hopoti provides the Service on an “as is” basis and does not guarantee that the Service remains available without disruptions and issues. Hopoti is not responsible for the Seller’s data in the Services or ensuring that all the data and other material available in the Service are accurate or free of viruses or other similar malware.
Hopoti is not liable for any consequential damages caused by the use of the Service, such as lost profits, turnover or savings, missing or altered data or damages incurred by these, such as the expenses of re-creating or transferring the data or cover purchases.
Hopoti’s liability is always limited to the amount of the fee collected from the use of the Service by Hopoti. In the event that Hopoti corrects an error, this correction may be performed by bypassing the error or providing You with instructions on how to bypass the error. Errors due to a) erroneous use or negligence on your behalf or external sources of disruption; or b) faults and issues caused by your devices, data connections or software are not considered to be errors in the Service.
6. Your data in the Service and the use of your data
You are responsible for the uses of the Service and the content and material You upload to the Service, such as details, posts, comments and images. You must have the right to use the material You upload. You are not allowed to upload information or other content that is unlawful, violates the rights of third parties or is contrary to accepted principles of morality.
You are responsible for the details and material transmitted to third parties via the Service and for the accuracy and usage of the entered details.
Hopoti reserves the right to delete your data or restrict your access to the Service insofar as Hopoti suspects that the Terms have been violated or when obliged by law or an order made by a competent authority.
You are liable for all the expenses incurred by the data transfer and Devices related to the use of the Service.
6.2 Hopoti’s Right of use
Hopoti reserves the right to use details generated by the use of the Service for the purposes of guaranteeing the functionality of the Service, correcting any faults, developing and modifying the Service and fulfilling and exercising the obligations and rights in accordance with the Terms.
Hopoti also reserves the right to use anonymous data generated by the use of the Service for the purposes of business development and marketing. For example, we may use data in the Service to create anonymous statistics regarding the usage of the Services.
7. Ownership and intellectual property rights
The ownership and all intellectual property rights related to the Service, the software and systems used to provide the Service, the Service’s appearance, material produced by Hopoti in the Service and their copies, modifications, translations derivative works belong to Hopoti or its licensors or service providers. Intellectual property rights refer to patents, inventions, trademarks, domain names, right to expertise, copyrights, rights related to copyright and all other intellectual property rights as defined by any legal system anywhere in the world, regardless of whether they have been registered or not, including all modification rights and right to transfer concerning all the matters specified above.
You are the owner of the material you upload to the Service, and You are responsible for ensuring that You have the required rights to this material.
Hopoti reserves the right to use, republish or disclose material uploaded or transmitted to the public areas of the Service (such as discussion forums) via the Service by you in a modified or original form in whole or in part and/or attached to other material without reimbursement.
You may stop using the Service at any time by deleting your registration to the Service or by notifying Hopoti by email. Hopoti reserves the right to terminate your right of use to the Service at any time by submitting a notification at least thirty (30) days before the termination.
Hopoti reserves the right to terminate your right of use to the Service immediately in the event of a material breach of the Terms on your behalf.
Terms related to ownership and intellectual property rights, limitations of liability, applicable law and disputes shall remain valid even in the event that the use of the Service or the right of use to the Service are terminated. Other terms that need to remain valid due to their nature shall also remain valid.
9. Applicable law and jurisdiction
These Terms are governed by Finnish laws, excluding the rules concerning the conflict of laws. If any disputes related to these terms cannot be resolved in negotiations between the parties, you may refer the matter to the Consumer Disputes Board by contacting the Consumer Advisory Services (https://www.kkv.fi/en/consumer-advice/). If a dispute is to be solved by a court, the claim must be made in the Finnish District Court in the jurisdiction of which your domicile or principal place of residence is located, unless You want to make a claim in the District Court in the jurisdiction of which the service provider’s domicile is located.
10. Force majeure
Hopoti is not responsible for any delays, errors or damages caused by forces beyond Hopoti’s reasonable control that cannot reasonably be considered to have been possibly anticipated by Hopoti at the time of entering the agreement and the consequences of which Hopoti cannot have reasonably avoided or overcome. Such forces may include, for example, natural disasters, abnormal climatic events, fires, earthquakes, acts of terrorism, discontinuation of electricity supply, disruptions in the Internet or other public network traffic or data communications, cyber attacks, strikes, industrial action or orders made by competent authorities. Industrial action is also considered as force majeure when Hopoti is the target of or participating in such action. Any cases of force majeure affecting subcontractors are also considered as force majeure.
Any notifications regarding the Service must be made in writing, for example, via email or in the Service per instructions provided by Hopoti. Hopoti may validly submit notifications to You in the Service.
You must report any changes regarding your contact details to Hopoti without undue delay.
12. Transfer of rights
You are not allowed to transfer your right of use to a third party without an advance written authorisation by Hopoti.
Hopoti reserves the right to transfer the Service and its provision and these Terms and the rights and obligations contained therein to any third party without your consent.
13. Personal data
I acknowledge that my health data may be essential for the purpose of horse riding and I agree to provide the data that may be essential for the purpose of determining a service suitable for me in the Service (e.g. reduced mobility).
I accept that Hopoti and Sellers providing horse riding services may process the health data provided by me in the Service for the purposes mentioned above. Hopoti may disclose these data to the Seller providing horse riding services to me.
I accept that Hopoti and Sellers providing horse riding services may process the data related to my horse riding skill level provided by me in the Service for the purpose of selecting a suitable service for me. Hopoti may disclose these data to the Seller providing horse riding services to me.
I accept that Hopoti may send me electronic marketing material regarding the services provided by Hopoti’s partners.
I have the right to withdraw my consent at any time.
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