TERMS AND CONDITIONS FOR RIDERS THAT USE RIDER’S POSITION’s SERVICES
1 INTRODUCTION
1.1 Welcome to Rider´s Position! We are glad that you are interested in the application and we hope that you will have great use of it.
1.2 Please read these terms and conditions (the “Terms”) carefully before you start using the service which is provided via the mobile by Rider’s Position (the “Service”). The Service is operated and provided by us, Rider´s Position Sweden AB reg. no. 559213-5361, Fyrbråksvägen 3, 722 10 Västerås, Sweden (“we”, ”us”, ”ours”).
1.3 If you register or intend to register a user account for the Service, you are a user of the same (“User” or “you”).
1.4. By downloading or using the Service, you confirm that you have read, understood, and accept to be bound by these Terms and guarantee that you have the legal capacity to accept these Terms. You also confirm that all personal data that you submit to us is correct and complete.
1.5 Please note that we have a separate privacy policy which describes how we process personal data.
2 THE SERVICE
2.1 The Service is an app which provides the equestrian rider with feedback during the ride. The purpose of the Service is to develop a better position in the saddle.
2.2. Since every horse and rider is unique, we recommend that you consult a veterinarian or other expert before taking any important decision concerning your horse after taking part of any information made available through the Service.
3 REGISTRATION AND USER ACCOUNT
3.1 In order to use the Service you must create a user account in the Service and provide the requested information.
3.2 Your user account is personal and may only be used for your personal use. You may only register one account per User. You may not let other Users or external persons use your account and you may not transfer your account to another person.
3.3 You are solely responsible for acquiring and maintaining the appropriate insurance(s) necessary for your training, riding and use of the Services e.g., a liability insurance which also covers digital training.
4 USE OF THE SERVICE
4.1. As user of this service, you will agree to that:
- You will only use this app if both you and your horse are healthy.
- You are conscious about that all training takes place on your own risk.
- You are aware of that exercises, feedback and recommendations are suggestions and should be adapted to your and your horses’ conditions.
Rider’s Position cannot be responsible for accidents or injuries that are direct or indirectly caused by circumstances that can be derived to the use of the Rider’s Position Rhythm Coach during riding.
4.2 You warrant that you will not use the Service for any purpose in violation of law or the Terms. You are responsible for all activities that take place in connection with your user account. We are not liable for unauthorized parties’ access to the Service due to your or other Users actions or omissions.
4.3 You are responsible for ensuring that all material and information made available by you via the Service does not infringe the rights of any third party or is in violation of applicable law.
4.4 If we assess that anything you have provided violates applicable law, does not constitute good horse keeping or in any other way risk to harm us or a third party, we reserve the right to at any time delete the content and/or close your account. We have the sole right to decide on any such question.
4.5 You are responsible to provide correct, up to date and complete information in connection with your registration and use of the Service.
4.6 Please note that the Service to a certain degree is financed by revenue from ads and may therefore include advertising and campaigns. You hereby consent to that Rider´s Position shows ads and campaigns in the Service or in connection with your content. How such ads and campaigns are designed may change without informing you hereof specifically.
4.7 Currently it is only possible to use the Service for single riders.
5 CHANGE TO THE SERVICE
We reserve the right to, at any time, change, replace, remove and/or add functions and services included in the Service with or without prior notice. Any new functionalities or services provided are covered by the Terms.
6 THE AVAILABILITY OF THE SERVICE AND CONTENT
6.1 We intend to keep the Service available all days of the year and that the content is correct and updated. However, we do not provide any warranties that the Service is free from defects, flaws, malware, viruses or that the content is correct, updated or complete, or that the Service is up and running 24/7 and Rider’s Position disclaims all liability related hereto. We reserve the right to, in connection with updating and/or maintaining the Service, to shut down the Service or parts thereof. We are not responsible for possible disruptions in the availability of the Service that may occur due to insufficient internet coverage, disruptions at the web-hotel or during maintenance of the Service. For functionality and availability reasons, it is however necessary that you follow Rider´s Position’s guidelines about usage of equipment/hardware and browsers.
7 PAYMENT ETC.
7.1 Rider’s Position currently provides the Service as a free version. In the future we will offer different premium versions subject to payment. For more information about pricing and what the different packages contains, from time to time, please go to https://ridersposition.se/premium. Please observe that external costs such as your mobile operator’s or internet provider’s ordinary tariffs for fees for,
8 INTELLECTUAL PROPERTY RIGHTS
8.1 Rider’s Position owns all rights, including intellectual property rights to the Service, including but not limited to process, method, software, and design. You are not granted any intellectual property rights to the Service or any material created in it. It is therefore prohibited to, without our consent, make copies, irrespective of which technology that is used, of the content or parts thereof in the Service. Without such consent it is also prohibited to make the content or parts thereof of the Service available for the public by use of the internet or in another way.
8.2 Any link to the Service shall be opened in a new window. It is not allowed to link to the Service in such a way that the content of the Service risks being corrupted or misunderstood in such a way that it is perceived that the Service is provided by any other party than Rider´s Position
9 LIMITIATION OF LIABILITY
9.1 Rider’s Position takes reasonable measures to ensure that the Service works and strives to, as soon as possible, remedy defects and deficiencies in the Service.
9.2 Rider’s Position is not responsible for damages that occur due to usage of the Service, including damages caused by malware, virus or other wrongful or incomplete information, except if such damage occurs due to intent or gross negligence on Rider’s Position’s part. Rider’s Position is never responsible for indirect damage or loss incurred by a User, which without limitation includes loss of profit, income or savings, loss of goodwill, loss of data or other indirect damage or consequential damage. In case the Service contains links to websites or resources that are provided by third parties, these are only provided for informational purposes and Rider’s Position has no control and assumes no liability for the content on such website or resources.
10 CHANGES TO THE TERMS
We have the right to, at any time and for any the reason, change the Terms by publishing the amended terms in the Service. Such terms shall automatically come into force after thirty (30) days from the publication date in the Service or otherwise has been approved by you. By visiting or using the Service to approve that such changes can be made and that you are responsible to keep yourself updated of possible changes.
11 INVALIDITY OF A PROVISION
If any provision in the Terms is deemed fully or partially invalid or cannot be enforced, the provision shall be reduced, amended, or separated as slightly as possible to ensure its validity, so that the Terms can maintain in full force, effect, and viability.
12 DISPUTES AND APPLICABLE LAW
Swedish law shall apply in relation to the Terms and the Service. Disputes that originate from the Terms and/or Service shall be exclusively settled by Swedish general courts with the District Court of Stockholm as first instance.
13 QUESTIONS
If you have any questions, please contact Rider´s Position at info@ridersposition.com.
