Terms and conditions

Welcome to Pluvinel!

Pluvinel AS, organization number 915929044, (“Pluvinel”) is an independent global digital resource, uniting equestrian instructors, trainers and coaches from all disciplines and methods, to benefit riders in all corners of the world.

These terms and conditions (the “Terms”) apply to all purchases of services through Pluvinel , including all services comprised by the order form and subsequent purchases, add ons, updates, etc. All services purchased by the user under these Terms will in these terms be referred to as the “Service” or “Services”.

The user acknowledges to have read and understood the Terms. These Terms constitutes a binding agreement when the user has accepted the Terms through the registration process on Pluvinel’s platform.

Updated: July 2017

The services

Pluvinel’s websites and domains, including www.pluvinel.com, and all of the webpages, subdomains, country level domain variants and subparts of those websites, all of the Services available on or through Pluvinel or otherwise provided by us, collectively, our “Site”.

On the platform, users can create profiles, list, discover and book lessons, training, clinics and seminars around the world. It is a platform dedicated to bringing equestrians together. The platform enables people all over the world to create an online profile and to promote their business and their events. Users can discover, share and register for events.

Services are provided "as is" as standardized 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 Services 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 Services at its sole discretion, without any obligation or liability resulting from such act or defects.

The user agreed that the Services will not always be completely free of errors and that the improvement of the Services is a continuous process.

The users

Through the Services, Pluvinel provides simple and quick means for registered users who are equestrians; 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 Site. We refer to instructors, trainers, coaches, riders and other visitors browsing for instructors or lessons as “User” or “You”.

Your use of the services

The Services

Pluvinel hereby grants You a personal, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services solely for the purposes of (a) browsing the Services and searching for equestrian providers and Services; and/or (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 Services.

Pluvinel's role

Listing service and limited Agent

Pluvinel is not responsible for the content of the Users, nor the business conducted outside of Pluvinel. It is the User’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying lesson/event 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.

Payment Method

Payment processing services for registered Users on Pluvinel 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, 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 from anywhere in the world, and payouts are available for businesses in 25 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) and Mexico (soon). If your country is not on the list, sign up to be notified about your country here.

PAYOUTS

Payouts are only available to those Users with instructor or trainer profiles. The time it takes for the funds to appear in your account depends on your payment method. The instructors’ payouts are released approximately 7-10 days after the rider has booked and payed for their lesson on the Service, provided that your Customer account have been verified.

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.

When You use the booking and payment processing service on the platform Pluvinel adds 5% + 10 NOK (10 NOK or the equivalent in your currency) as an administration fee automatically.

Refunds

Refunds can be issued via the Service, but it is up to each instructor to decide if the situation allow refund or not. We submit refund requests to your customer’s bank immediately. You should sees the refund as a credit approximately 5-10 business days later, depending upon the bank. Once issued, a refund cannot be canceled. The admin fee will not be refunded.

Cancellation

You can delete your Pluvinel profile at any time.

Changes to the price and service plans

We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following email notice to you.

Account, password and security

Registration

As part of certain registration processes on the Services, 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. In the event of any dispute between two or more parties as to account ownership, you agree that Pluvinel shall be the sole arbiter of such dispute in its discretion and that Pluvinel’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

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 Pluvinel of any unauthorized use of your password or account or any other breach of security.

Pluvinel is not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Pluvinel or another party due to someone else using User’s account or password. User may not use anyone else's account at any time.

Age restrictions

Pluvinel is 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 Services only with the involvement of a parent or guardian. In any event, you may not use the Services if you are under the age of thirteen (13).

Privacy

Pluvinel will process personal data about the Users in order to be able to fulfill Pluvinel’s obligations towards the User according to these Terms and in order to provide the Service to the User.

For further information about Pluvinel’s processing of personal data and Users rights in this regard, please see Pluvinel’s privacy policy which is available here.

Content

Site 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 Services or otherwise made available by Pluvinel in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.

Pluvinel own the Site Content or portions of the Site Content may be made available to Pluvinel through arrangements with third parties. The compilation of all Site Content included in or made available through the Services is the exclusive property of Pluvinel and is protected by copyright laws. Except as expressly authorized by Pluvinel in writing or in connection with your permitted use of the intended functionality of the Services, 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 Site Content, or post any Site Content on any other website or in a networked computer environment for any purpose. You shall use the Site 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 Services (“Your Content”), you hereby grant to Pluvinel 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 Services (including Pluvinel's promotional and marketing services), and you hereby waive any and all moral right to use the name you submit with Your Content.

Notwithstanding the foregoing, Pluvinel does 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 Services. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, 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, including the Privacy Policy.

In addition, Your Content must be accurate and truthful. Pluvinel reserves the right to remove any of Your Content from the Services at any time if Pluvinel believes in its discretion that it violates the Terms. In addition, you agree that Pluvinel may use your name, images and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Pluvinel both on the Services 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 Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Pluvinel by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by Pluvinel or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of Pluvinel.

All Feedback and revisions become the sole and exclusive property of Pluvinel and Pluvinel 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 Pluvinel 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.

You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of Pluvinel. At Pluvinel’s request, you will execute any document, registration or filing required to give effect to these provisions.

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 Services, including to other users of the Services. You agree not to use the Services to:

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

(b) impersonate any person or entity, including, but not limited to, an Pluvinel representative, 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 Services;

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

(g) probing, scanning or testing the vulnerability of any of Pluvinel’s system or network;

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

(i) accessing any Content by any means other than Pluvinel’s publicly supported interfaces;

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

(k) promoting or advertising products or Services other than Pluvinel’s own without appropriate authorization;

Certain remedial rights

You acknowledge that Pluvinel does not pre-screen Your Content or the Content of any other User in connection with the Services, but that Pluvinel and its designees 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 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 Pluvinel 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 Services may provide, or Users may provide, links to other internet websites or resources. Because Pluvinel has no control over such websites and resources, you acknowledge and agree that Pluvinel is 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 Pluvinel partners or third party service providers.

Linked accounts

As part of the Services 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 Pluvinel 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 Services. Such content may include personally identifiable information.

Limitation of Liability

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

Pluvinel’s liability under the Terms shall under all circumstances be limited to NOK 10 000.

Under no circumstances shall Pluvinel 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.

The User may claim damages in accordance with the above only where the User provides Pluvinel 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

Pluvinel 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 Services shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

Amendments

Pluvinel reserves the right to amend and change the Terms by giving 30 days’ notice.

Notice shall be given by e-mail to the e-mail address in the registration form (or subsequently updated e-mail address), and shall be considered given the day the e-mail 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 Pluvinel under the Terms shall be sent by e-mail to support@pluvinel.com.