Terms of Use for EQUI GLIMVIK SL
Introduction
Welcome to Equi for All (the "Services") provided to you by Equi Glimvik S.L., registration number B06901870, with address Antoni Sarda 5A, Sitges, Spain ("we" or "us"). Your use of Equi for All is governed by these Terms of Use. If you do not agree to these Terms of Use, please do not use Equi for All.
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If you register or intend to register a user account for the Service, you are a user of the same (“User” or “you”).
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The term ”Trainer/Expert” means a trainer, expert, counselor, therapist or any other physical or legal person who provides its training/consulting services within the Service.
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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 (for example that you are at least 18 years of age or have authorization from your guardian) to accept these Terms. You also confirm that all personal data that you submit to us is correct and complete.
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The Service is available in Spanish and English.
ALL TRAINERS PLEASE NOTE THE ADDITIONAL TERMS AND CONDITIONS FOR TRAINERS/EXPERTS THAT USE EQUI FOR ALL ON PAGE 10.
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Username and password
To use the Services, you must create a user account and log in to the app. You can choose a username and password, but you can also choose one of the available social media accounts listed in Equi for All to create a user account in the app.
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If you choose to create a new user account, the username and password you choose may not be: harmful, abusive, racist, ethnic or sexual offensive, defamatory, infringing on any intellectual property, or infringing on someone’s privacy. We have the right to change your username and / or password if these, in our opinion, violate these Terms of Use.
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When you create a user account, you will be asked to share certain information about yourself such as: your name, last name, email, gender and photo. The information will be used to provide the Services to you.
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If you use another account to access Equi for All, such as your Facebook account, you grant us the right to obtain your verification information, such as username, encrypted login information, and other information that may be available at or below such ways to access the Services, including your name, last name, profile picture and email address. We may store such information and use it for the purposes stated in our privacy policy (available under the gearwheel of the app) and we may check your login details with such providers or other providers through which you access the Services.
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When you create a user account in Equi for All, you undertake to comply with these Terms of Use. You also agree to our processing of your personal data, which is done in accordance with our privacy policy (available under the gearwheel in the app).
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Your user account is personal and you may not transfer your account to any third party. You are responsible for protecting your login information from unauthorized access, and you will not (intentionally or negligently) disclose your login information to any third party or otherwise allow any third party to use your user account or access to Equi for All.
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If you have reason to believe that any third party has gained access to Equi for All, please notify us immediately. We have the right, but not the obligation, to suspend access to your user account if we have reason to believe that any third party has been granted unauthorized access to your user account.
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Please note that we have the right to close your user account if it has been inactive for a period of 365 consecutive days. You have the right to cancel your user account from Equi for All at any time and without prior notice. We have the right to suspend your access to Equi for All with immediate effect if we have reason to believe that you violate these Terms of Use.
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User Content
You can upload text, images, videos and other information (“User Material”) in Equi for All. You are responsible for all User Materials that you upload in Equi for All.
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You agree and warrant that you will not publish, transmit, distribute or upload any material on Equi for All that:
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(a) is incorrect, misleading or false;
(b) promote or encourage illegal activity;
(c) is racially or ethnically abusive and / or constitutes agitation against a minority (such as a national or ethnic group);
(d) constitutes defamation, contains pornography or is otherwise sexually abusive;
(e) constitutes an attack on sexual orientation or religion or is otherwise discriminatory; or
(f) is in any way harmful, infringing, offensive or illegal or infringing any third party’s rights (including but not limited to copyright and trademarks).
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You accept and warrant that you will not, and will not allow any third party to:
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(a) use Equi for All to transfer or upload files or other content containing viruses, Trojans, corrupted data, malicious software, and other programs that may damage computers and other property;
(b) use Equi for All to defame, harass, discriminate or threaten another person or otherwise infringe another person’s rights;
(c) distribute or reproduce all or part of Equi for All,
(d) modify, disassemble or decompile any part of Equi for All, unless expressly permitted by mandatory law;
(e) use software that reads data from Equi for All automatically;
(f) use Equi for All to request or encourage other users to violate any provision of these Terms of Use;
(g) abusing Equi for All or using the App for any unauthorized or unauthorized purpose (which includes the promotion of computer viruses or the use of Equi for All in a manner that infringes or infringes on the rights of others).
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Equi for All allows you to send messages to other users. You are responsible for all messages that you send when using Equi for All and you guarantee that you will not send messages in violation of these Terms of Use, nor harass or threaten other users.
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If you receive notices, photos or videos that you believe constitute a violation of these Terms of Use, or otherwise believe that Equi for All is being used for illegal purposes or for purposes that do not comply with these Terms of Use, please contact us at info@equiforall.com. We reserve the right to immediately remove content on Equi for All which we, in our sole discretion, do not consider in accordance with these terms of use or policies or which is otherwise harmful to us or our users.
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THE SERVICE
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The Service is a digital platform for equestrians with several features, including but not limited to:
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establishment of contact and professional training and advice between Trainer/Expert and rider (“User”)) where the purpose of the Service is to facilitate the creation of contact and cooperation between Trainer/Expert and User.
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Planning and follow-up of the horse’s training and coordination of care of the horse.
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Provision of Masterclasses and Interviews
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The Service is currently available as a free version
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When video streaming, recording live analysis and when carrying out such possible recording of your training session you, as a User shall use your best efforts to ensure that no other persons are captured on the video in such a way that these persons can be identified. You also have an obligation to inform all persons in your surrounding that they risk being captured on such recording and that video streaming and recording takes place. If any person has questions about the streaming/recording and/or wants more information in regard to this, you shall direct them to Equi for All´s website, www.equiforall.com
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In case another person than the User or Trainer can be identified on a video recording stored in the Service and such person contacts Equi for All with a request to erase his/her personal data Ridesum has the right to, without any sanction, delete the video in question.
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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 receiving any information made available through the Service.
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Equi for All does not take part in the interaction between Trainer/Expert and User, except providing the Service for booking, communication and sharing of information. Equi for All is therefore not an advisor and is not responsible for the quality of or performance of the service a Trainer/Expert provides to the Users. Agreements/understandings between Trainer/Expert and Users do not bind Equi for All, and such agreements/understandings are not covered by the agreement between you and Equi for All. Obligations and rights regarding services performed by Trainer/Expert is therefore outside our responsibility. See more about limitations of liability on page 8.
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Equi for All regularly organizes different challenges for it´s users. Any challenge will have it´s one Terms and Conditions and users need to accept those before participating.
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REGISTRATION AND USER ACCOUNT
In order to come in contact with a Trainer/Expert and take part of the services of a Trainer/Expert you must create a user account in the Service and provide the requested information.
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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. An exception from such prohibition is of course if you need assistance with filming during a riding session. You are responsible to keep your password confidential, also towards the persons who film your riding session.
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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 such as video streaming and recording.
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If you have reason to believe that any third party has gained access to Equi for All, please notify us immediately. We have the right, but not the obligation, to suspend access to your user account if we have reason to believe that any third party has been granted unauthorized access to your user account.
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USE OF THE SERVICE
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.
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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.
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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.
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You are responsible to provide correct, up to date and complete information in connection with your registration and use of the Service. In relation to Equi for All you are solely responsible for all information communicated or transferred via the Service and your account. Information means for example, pictures, sound, video and links.
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Please note that the Service to a certain degree might be financed by revenue from ads and may therefore include advertising and campaigns. You hereby consent to that Equi for All 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.
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Currently it is only possible to use the Service for single riders. No group sessions services are provided, and you may only use the Service for your individual training.
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Equi for All allows you to send messages to other users. You are responsible for all messages that you send when using Equi for All and you guarantee that you will not send messages in violation of these Terms of Use, nor harass or threaten other users.
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If you receive notices, photos or videos that you believe constitute a violation of these Terms of Use, or otherwise believe that Equi for All is being used for illegal purposes or for purposes that do not comply with these Terms of Use, please contact us at info@equiforall.com. We reserve the right to immediately remove content on Equi for All which we, in our sole discretion, do not consider in accordance with these terms of use or policies or which is otherwise harmful to us or our users.
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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.
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THE AVAILABILITY OF THE SERVICE AND CONTENT
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 Equi for All 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 Equi for All’s guidelines about usage of equipment/hardware and browsers.
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Equi for All’s ambition is that the Service shall work as well as possible. However, Equi for All has no responsibility for changes or disruptions of the Service or loss of content. If your content for any reason has disappeared, you are welcome to contact Equi for All and Equi for All shall take reasonable measures to restore the content. Equi for All recommends that you make backups of the content uploaded in the Service (such as your rider information). Equi for All does not function as a service for backup and you cannot rely on the Service for backups or storage of content.
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You may not abuse the Service by knowingly transferring virus, trojans, internet worms or other material that is designed to cause damage or is otherwise technically damaging. You may not try to get unauthorized access to the Service, Equi for All’s servers, computers or databases that are connected to the server. You may not attack the system by, for example Denial of Service attacks which includes, but is not limited to distributed denial of service attacks. By breaching any of the above you risk committing a crime and Equi for All may report such breaches to law enforcement authorities. If you are in breach of the above your right to use the Service will be terminated immediately.
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PAYMENT ETC.
Equi for All is currently available for free. Please note however that external costs such as your mobile operator’s or internet provider’s ordinary tariffs for fees for, for example, data traffic may arise.
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All payments for classes and sessions are done in Equi for All. By using the Service’s payment function you accept being bound by the terms and conditions for such functions. In the event of misuse of the Service’s payment function, Equi for All may suspend you from the Service.
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For the payments that you as a User make via the Service to the Trainer/Expert that you have taken classes with, Equi for All will only manage the payment function for your payments. Consequently, Equi for All does not set the price for a Trainer’s/Expert’s services, nor does Equi for All have any control over the availability of such services. Furthermore, Equi for All is not liable for any compensation due to canceled training sessions or other similar circumstances.
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Equi for All recommends that payments are done earliest 7 days before the date of the training. Last day to pay is 24 hours before the training and this is also the last possibility to cancel the training and to receive a refund.
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The Service’s payment function is provided by a third party. Payments within the Service is conducted with the help of third parties. The Service’s payment function may therefore contain links or references to such parties’ terms and conditions, privacy policies and other similar documents. We kindly ask you to review such documents carefully. Equi for All disclaims any liability for the content of such documents.
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At present, Equi for All uses the third party provider Stripe for managing payments. Stripe’s privacy policy can be found at https://stripe.com/en-se/privacy. For more information, please visit www.stripe.com. By accepting the Terms, you accept the terms for the payment function and that information needed to process the payments may be transferred to Stripe. Such information will only be used for the processing of payments.
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When using the Service’s payment function, third parties may charge service-fees or other fees. Equi for All is not responsible for such fees and disclaims any liability regarding such fees. We kindly ask you to note that third parties may charge a conversion fee and similar charges when conducting the transaction.
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Should you for any reason want to request a refund of a payment, we kindly ask you to contact the Trainer/Expert for the specific training session to which your refund request relates.
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INTELLECTUAL PROPERTY RIGHTS
Equi for All 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.
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You grant a license to Equi for All to dispose of all material that you provide in the Service, which without limitation includes the videos you provide. Equi for All will only use the material in order to enable Equi for All to provide the Service in accordance with these Terms, in other words to exploit and use the material within the Service and only for access via your account. In other words, Equi for All have no right to show or provide your training videos to, for example, other Users. As specified in section 4 above, you are liable for all material provided via the Service and shall defend, indemnify and hold Equi for All harmless, if a third party alleges that the material infringes any third party right. Equi for All may transfer the material to service providers in order to enable Equi for All to provide the Service as described above (i.e. only within the framework of your account). However, Equi for All will not transfer or share your streamed or recorded video(s) to any other parties unless required by law or other binding regulations (for example upon a request from the police due to suspected criminal activities).
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LIMITIATION OF LIABILITY
We are not responsible for technical defects, hardware or software defects or defects that are related to the incorrect handling of the Service or other operational defects e.g. in connection with filming or recording. Further, we are not liable for any defects that occur due to deficiency in the network connection or network communication, disconnection from your user account or possible problems with streaming of a training session or links to recorded training sessions. We do not provide any warranties that the Service will meet your demands or expectations, or that the use of the Service will be incomplete information, except if such damage occurs due to intent or gross negligence on Equi for All’s part. Equi for All 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 Equi for All has no control and assumes no liability for the content on such website or resources.
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Any dispute relating to payments for training sessions or other services, including, but not limited to, the amount, refunds due to canceled training sessions or complaints regarding the quality of a training sessions in relation to its cost shall be resolved between you and the Trainer/Expert.
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Equi for All takes reasonable measures to ensure that the Service works and strives to, as soon as possible, remedy defects and deficiencies in the Service. Equi for All is only a service provider and is never responsible for the services and advice that Trainers/Experts give to the Users.
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CHANGES TO THE TERMS
We have the right to change these Terms of Use. We will notify you of such changes no later than fourteen (14) days before any change takes effect. We will provide you with such information via email to the email address provided by you.
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You have the right to cancel your user account from Equi for All at any time and without prior notice. We have the right to suspend your access to Equi for All with immediate effect if we have reason to believe that you violate these Terms of Use.
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DISPUTES AND APPLICABLE LAW
Spanish 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 Spanish general courts with the District Court of Barcelona as first instance.
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QUESTIONS
If you have any questions please contact Equi for All at info@equiforall.com
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ADDITIONAL TERMS AND CONDITIONS FOR TRAINERS/EXPERTS THAT USE EQUI FOR ALL
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”Trainer/Expert” or “you” means a trainer, expert, counselor, therapist or any other physical or legal person who provides its training/consulting services within the Service.
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THE SERVICE
Equi for All does not take part in the interaction between Trainer/Expert and User, except providing the Service for booking, communication and sharing of information. We are therefore not responsible for the quality of or performance of the service you provide to the Users.
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Agreements/understandings between you and Users do not bind Equi for All, and such agreements/understandings are not covered by the agreement between you and Equi for All. Obligations and rights regarding services performed by you as a Trainer/Expert is therefore outside our responsibility.
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REGISTRATION AND USER ACCOUNT
In order to offer your services as a Trainer/Expert to Users you must create a user account in the Service and provide the requested information.
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In order to register as a Trainer/Expert you must be 18 years or older.
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You are solely liable that you have all required or customary licenses and insurances for the provision of your services, such as a liability insurance which also covers digital training such as video streaming and recording. You are solely liable to pay any taxes, payroll taxes and employer fees that are related to your services/business and shall indemnify Equi for All in case we are liable to pay any tax or other fee related to your services/business.
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All information regarding you and your business provided in the Service or that you send to Equi for All must be correct and shall be updated regularly.
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USE OF THE SERVICE
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 actions or omissions.
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When you have agreed with a User regarding a purchase of your services via the Service, you shall always communicate with the User on the time agreed. If you are prevented from doing so, it is important that you contact the User as soon as possible and agree on new time. All advice given by you to the Users must be of such quality that can be normally expected from a highly qualified professional supplier.
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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.
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If we assess that anything you have provided violates applicable law, does not constitute high quality professional advice 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. Should such an event from your part lead to any damages for us, you shall indemnify and hold harmless Equi for All.
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No content in a training session, including videos uploaded by Users and feedback provided by you may be shared with anyone else. As soon as feedback has been given you shall delete all links that have been saved in the equipment you have used.
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As regards Users’ personal data that you may collect and process, such processing is your sole responsibility and you accept that, in relation to such processing, you must comply with all applicable data protection law.
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Currently it is only possible to use the video streaming for single riders. No video streaming group sessions services are provided, and you may only use the Service for your individual video training.
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PAYMENT & SERVICE FEES ETC.
Current Service fees for trainers and experts are available at www.equiforall.com
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Please observe that external costs such as your mobile operator’s or internet provider’s ordinary tariffs for fees for, for example, data traffic, may arise, as well as payment fees should you use the Service’s payment service.
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You are solely responsible for paying all taxes or other fees that you may be obligated to relating to the compensation you receive from the User, regardless if the payment is made through the Service, as well as in all matters be compliant with relevant legislation.
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You as a Trainer/Expert may remind a User of a due payment. You are solely responsible for getting paid for the training sessions that you have conducted.
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Furthermore, you as a Trainer/Expert are solely responsible for ensuring that you have all necessary certificates or similar documents to offer training sessions subject to payment, as well as paying all taxes and other fees. You are also solely responsible for being compliant with any relevant legislation in relation to the contractual relationship between you and the User, including, but not limited to, laws or other regulations regarding consumer protection and the processing of personal data.
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All payments are to be done through the Service. By using the Service’s payment function you accept being bound by the terms and conditions for the payment function. In the event of misuse of the Service’s payment function, Equi for All may terminate your subscription and suspend you from the Service.
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By accepting the Terms you undertake to comply with Stripe’s “Connected Account Agreement”, available at https://stripe.com/en-se/CONNECT-ACCOUNT/LEGAL
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For information regarding commissions for credit card payments, please check:
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In order for you to receive funds, Stripe makes payouts to your bank account.
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Payout availability depends on a number of factors such as the industry and country you’re operating in, and the risks involved. When you start processing live payments from your customers with Stripe, you won’t receive your first payout until 7–14 days after receiving your first successful payment. The first payout usually takes a little longer in order to establish the Stripe account.
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Equi for All will only manage the payment function for the payments issued by User’s to you as a Trainer/Expert. Consequently, Equi for All does not set the price for your offered services, nor does Equi for All have any control over the User’s payment for your training sessions. Furthermore, Equi for All is not liable for any compensation due to non-payment or other similar circumstances. Please note that other fees than the fees charged by Equi for All may apply.
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Trainers and Experts are protected by a 24h cancellation policy when using the service. Should a User request a refund from you within that timeframe, you are solely responsible for refunding the total amount, including all fees charged in relation to the payment by Equi for All or Stripe (or any other third party), so that the User receives full monetary compensation.
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QUESTIONS
If you have any questions please contact Equi for All at info@equiforall.com