Terms and conditions

Welcome to Pluvinel!

Pluvinel is an independent global digital service specially designed for the equestrian market. Pluvinel is provided by the Norwegian company Pluvinel AS. All references to “we”, “our” and “us” in the following refers to Pluvinel AS.

These terms and conditions (the “Terms”) apply to all users of the Pluvinel Platform. You acknowledge having read and understood these Terms. These Terms constitutes a binding agreement when the user has accepted the Terms through the registration process on Pluvinel’s platform.

Updated: May 2019

1. About the Pluvinel Platform

The Pluvinel Platform provides a simple and quick way for equestrian providers to organise events (lessons, clinics, courses and seminars). Equestrian providers may, for example, include horse centre, riding schools, horse riders, equestrian instructors, trainers, coaches and equine teachers, to create events/lessons related to their business and manage their bookings and payment through the platform. We are not responsible for the content provided by the equestrian providers. It is the equestrian providers’ sole responsibility to ensure that any event page posted on the platform (lesson, clinic, course or seminar) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.

The events that are offered through the Pluvinel Platform are subject to the terms and conditions determined by the equestrian providers. We are not responsible for claims for refunds, compensation, damages or any other claim in connection with or arising out of events that are hosted by equestrian providers on the Pluvinel Platform.

The Pluvinel Platform is provided "as is" as standardised services; the right to use is not conditional or tied to a specific version or functionality at a certain time, but allows access to and use of the platform it as is at all times. Pluvinel reserves the right to make improvements, add, modify or remove functionality, or correct any errors or defects in the platform at its sole discretion, without any obligation or liability resulting from such act or defects. The platform will not always be completely free of errors and that the improvement of the platform is a continuous process.

User license

We hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Pluvinel Platform solely for the purposes of (a) browsing the platform and searching for equestrian providers; and (b) if you are an equestrian provider; creating a profile to promote, manage, track, and collect sales (i) in compliance with the Terms; and (ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the platform.

Payment Method

Payment processing services for registered users on the Pluvinel Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on Pluvinel Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Pluvinel enabling payment processing services through Stripe, you agree to provide Pluvinel accurate and complete information about you and your business, and you authorize Pluvinel to share it and transaction information related to your use of the payment processing services provided by Stripe.

Payments are accepted everywhere in the world. Payouts are available for equestrian providers in 23 countries. These are the countries that are supported for payouts; Australia, Canada, Denmark, Finland, France, Ireland, Japan, Norway, Singapore, Spain, Sweden, United Kingdom, United States, Austria, Belgium, Germany, Hong Kong, Italy, Luxembourg, Netherlands, New Zealand, Portugal, Switzerland, Brazil (soon), Mexico (soon), Estonia (soon), Greece (soon), India (soon), Latvia (soon), Poland (soon). If your country is not on the list, sign up to be notified about your country here.

PAYOUTS

Payouts are, only as of now, available to equestrian providers. When you start processing live payments, you will not receive your first payout until 7-10 days after your first successful payment is received. The first payout usually takes a little longer in order to establish the Stripe account. Subsequent payouts are processed 2-day rolling or according to your account’s payout schedule.

Every country has its own set of rules about paying out funds to individuals and businesses. These are typically known as “Know Your Customer” (KYC) regulations. These regulations broadly require two things: collecting information, and verifying the information is accurate. Stripe, the payment processing service is performing the verification of Custom accounts when the required information is provided by the user. Just follow the steps provided in the platform.

FEES

All users can register their profile on Pluvinel free of charge. A service charge of 5 % of the fee charged by the equestrian provider + 10 NOK (1 USD, 1 EURO, 1 GBP, 1 CAD) will apply for all purchases made through the Pluvinel Platform. The service charge level may be adjusted upon 30 days prior notice to you.

2. Account, password and security

REGISTRATION

As part of certain registration processes on the platform, you will create an account and change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, (b) to maintain and promptly update the registration data to keep it true, accurate, current and complete.

SECURITY

You are responsible for maintaining the confidentiality of your password and account details and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

We are not liable for any loss that may incur as a result of unauthorised use of password or account. However, you may be held liable for losses incurred by us or another party due to unauthorised use. The user may not use anyone else's account at any time.

AGE RESTRICTIONS

We are concerned about the safety and privacy of children. For this reason, and to be consistent with the terms of use of any third party service providers used by Pluvinel, you must be at least eighteen (18) years of age, or the legal age of majority where you reside, to use the services. Otherwise, you may use the platform only with the involvement of a parent or guardian.

PRIVACY

We will process personal data about the users in order to be able to fulfil Pluvinel’s obligations towards the user according to these Terms and in order to provide the platform to the users.

For further information about our processing of personal data, please see our privacy statement.

3. Content

PLUVINEL CONTENT

You agree that all material, including, without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”) contained in or delivered via the platform or otherwise made available in connection with the platform (collectively, “Pluvinel Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.

We own the Pluvinel Content, or portions of the Pluvinel Content may be made available to us through arrangements with third parties. The compilation of all Pluvinel Content included in or made available through the platform is our exclusive property and is protected by copyright laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Pluvinel Content, or post any Pluvinel Content on any other website or in a networked computer environment for any purpose. You shall use the Pluvinel Content only for purposes that are permitted by the Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.

YOUR CONTENT

You acknowledge and agree that if you contribute, provide or make available any Content to the platform (“Your Content”), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the platform (including Pluvinel promotional and marketing services),

Notwithstanding the foregoing, we do not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms and Conditions will restrict any rights that you may have to use and exploit Your Content outside of the platform. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing licence and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate the Terms

In addition, Your Content must be accurate and truthful. Pluvinel reserves the right to remove any of Your Content from the platform at any time if we believe, at our own discretion, that it violates the Terms. In addition, you agree that we may use your name, images and logo (whether or not you have made it available through the platform) for the purpose of identifying you as an existing or past customer of us both on the platform and in marketing, advertising and promotional materials.

FEEDBACK AND REVISIONS

You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the platform and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to us by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by us or otherwise relating to Feedback (collectively, “Revisions”), are and will remain our property.

All Feedback and revisions become our sole and exclusive property. We may use and disclose Feedback and/or revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to us any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.

At our request, you will execute any document, registration or filing required to give effect to these provisions.

4. Conduct

CERTAIN RESTRICTIONS You understand that you are liable for all content, in whatever form, that you provide or otherwise make available to or through the platform, including to other users of the platform. You agree not to use the platform to:

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles;

(d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(e) upload, post, email, transmit or otherwise make available any Content that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of or to otherwise interact with the platform ;

(f) interfere with or disrupt the platform or servers or networks connected to the platform, or disobey any requirements, procedures, policies or regulations of networks connected to the platform;

(g) probing, scanning or testing the vulnerability of any of our system or network;

(h) attempting to breach or otherwise circumvent any security or authentication measures;

(i) accessing any Content by any means other than our publicly supported interfaces;

(j) sending unsolicited communications, promotions or advertisements, or spam;

(k) promoting or advertising products or platform other than our own without appropriate authorization;

CERTAIN REMEDIAL RIGHTS

You acknowledge that we do not pre-screen Your Content or the content of any other users in connection with the platform, but that we shall have the right (but not the obligation) to monitor, alter, edit or remove any of Your Content, in whole or in part, based on violations of the Terms.

If we believe that Your Content could be changed so as to not violate the Terms, we will attempt to send you to notice prior to taking any such action, provided, that if we must act immediately to comply with applicable local, state, provincial, national or other law, rule or regulation or to limit our liability, we may take such action without prior notice. You acknowledge and agree that we may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary.

THIRD PARTY WEBSITES

The platform may provide, or users may provide, links to other internet websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with our partners or third party service providers.

LINKED ACCOUNTS

While using the platform you may be able to link an account you have with a third party service, such as a social media website. By linking such third party account, you agree that we may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the platform. Such content may include personally identifiable information.

Limitation of Liability

Subject to the limitations set forth in this clause, we shall only be liable for direct damages.

Our liability under the Terms shall under all circumstances be limited to NOK 10 000.

Under no circumstances shall we be liable for indirect or consequential losses, including but not limited to loss of profits or anticipated savings, loss of revenue, loss of content or any other data.

Users may claim damages in accordance with the above only where the user provides us with a written notice thereof not later than sixty (60) calendar days after the user knew or should have been aware, of the grounds for the claim.

FORCE MAJEURE

We shall not be responsible nor liable to users for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The performance of the Pluvinel Platform shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

AMENDMENTS

We reserve the right to amend and change the Terms by giving 30 days’ notice.

Notice shall be given by email to the email address in the registration form (or subsequently updated e-mail address) and shall be considered given the day the email is sent.

These Terms shall be governed by and interpreted in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.

NOTICES

All notices to us under the Terms shall be sent by email to support@pluvinel.com.

Pluvinel AS (Norwegian limited liability company)

Norwegian corporate identification number: 921 559 399