EQUIMOV – GENERAL TERMS OF SERVICE AND SALE

The present terms of services and sale (hereinafter the « Terms of Service ») apply to all services offered by EQUIMOV.

By using out internet site (or mobile application), you accept to comply and be bound by the contractual content of the terms of service, whether you actually use the services or not.

If you accept these Terms of Services on behalf of a company or an entity, you declare and guarantee that you are authorized to act on behalf of the company or the entity, in accordance with the present Terms of service, in which case “you” and “your” will apply to the company or the entity.

In the event in which you do not accept the Terms of service, you are not authorized to receive any information from our site.

The use of our site in breach of the Terms of Service is sanctioned by civil and criminal fines.

The service offered on our site is provided by EQUIMOV, a French simplified stock company (Société par actions simplifiée) with a share capital of 25 290 euros, registered office at 20 rue de Randan, BIOZAT (03800), registered with the Cusset company registry under number 821 892 221, hosted by DigitalOcean.

1. Definitions

  • Subscription: designates the contractual undertaking by which the Members may directly access the Additional Services after paying a monthly or annual fixed fee.
  • EQUIMOV designates the company providing services on the www.equimov.fr website.
  • Website designates www.equimov.fr or any mobile application created by EQUIMOV and providing similar services
  • Host structure designates any person or entity, acting in a professional quality or not, and providing accommodation for Horses or for Riders or any Additional Services.
  • Rider designates the person accepting the Accommodation for its horse(s).
  • Tax or Taxes: designate any tax on sales, on value added (VAT), on products and services, accommodation, tourists or visitors or fees that accommodation providers may have to collect and reverse to administrative authorities, any town, state or national charge or any other tax on income or benefits.
  • Horse designates any equine animal that his Rider is looking to lodge.
  • « User Account » designates the account created by each Member on www.equimov.fr enabling Members to access services provided by EQUIMOV.
  • Veterinary form designates the Horse’s vaccination book.
  • Horse Accommodation designates any place which can accommodate a Horse (stable, field…).
  • Rider Accommodation designates any accommodation for people.
  • Ad: designates the advert for the Accommodation and published by a Host structure on the Website.
  • Member: means any person or company who has accepted the Terms of services and who uses the Website through a user account.
  • Tax or Taxes: designate any tax on sales, on value added (VAT), on products and services, accommodation, tourists or visitors or fees that accommodation providers may have to collect and reverse to administrative authorities, any town, state or national charge or any other tax on income or benefits.
  • Transaction Amount: designates the full price for Accommodation and Additional Services provided by the Host structure and reserved by the Rider through the Website.
  • Equestrian professional: designates any person acting as professional veterinary or farrier and wishing to purchase referencing and geo-tracking services offered by EQUIMOV by paying for a Subscription.
  • Additional Services: designates referencing, geo-tracking, event reservation, Equestrian professional and Rider Accommodation services, which are available on Subscription.

2. Change of Terms of Service

EQUIMOV is authorized to amend the Terms of Service at any time, as well as the Website and mobile application functionalities.

Any amendments will take effect as soon as the Terms of Service are online, which all Member have previously accepted.

EQUIMOV reserves all rights in providing new, free or paying services on the Website.

Section I: General Terms of Use of Equimov

1. Service provided by EQUIMOV

Despite the fact that we are trying to provide a service of quality, EQUIMOV can neither check or guarantee the exactitude, precision of exhaustiveness of the information made available and we cannot be held liable for any mistake (obvious mistake or typographical), any interruption of service (due to a technical difficulty, whether it be temporary and/or partial, reparation, update, improvement or platform maintenance or other), any unspecified, misleading or wrong information or lack of information.

Each Host structure remains liable at any moment for the precision, completeness and the exactness of the information displayed on the Website, including its prices and availability. The Website is not and cannot be considered as providing any recommendation or approval of the quality or the level of service or referencing of the Hosting structure.

Our service is provided to Members for a private and a non-commercial use. Therefore, you are not authorized to resell, use, copy, monitor (for instance by using a bot or screenshots), display, download, copy or establish links towards any content or information, reservation, software, ticket and/or products or services available on our Website for a commercial activity.

Through using our Website, you understand and accept that your relationship with EQUIMOV is limited to you acting as a member and not an agent, employee, co-entrepreneur or partner of EQUIMOV.

You act in your own name and on your own account.

As a member, you undertake to not do anything which may create an impression towards third parties that you are acting as a partner or on behalf of EQUIMOV.

2. On Line accommodation and additional services reservation portal

EQUIMOV provides an internet service by which Host structures can offer Accommodation and Additional Services for reservation and by which Riders can reserve them.

For all payments related to the reservation of Accommodation, each Host structure authorizes EQUIMOV, by the present Terms of Service, to collect payments in the sole aim of collecting Service fees to be paid by the Hosting structures.

Each Member accepts that the payment made by a Rider through EQUIMOV be considered as a payment made directly to the Hosting structure which undertakes to make the Accommodation available to the Rider as contractually provided for, in good faith.

By making a reservation through our Website, you enter into a direct contractual relationship with the Host structure which whom you have made a reservation or purchased a service. EQUIMOV only intervenes as an intermediary, transmitting details of the reservation to the Hosting structure and collecting the Amount of the Transaction and sending a confirmation email to each Rider for and on behalf of the Host structure.

Under the new web platform regulations which came into effect on July 1, 2016 (art. 242 bis I and II French Tax Code), web platforms must provide a loyal, clear and transparent information on tax and social obligations falling upon the people using the Website for commercial transactions. On this point, you should consult the tax memorandum.

3. Referencing, geo tracking of additional services

EQUIMOV provides members with the referencing and geo-tracking of Additional services, some of which require payment of a Subscription and for which the financial modalities are specified in the general sales conditions set out in section II.

Each Member is and shall remain during the full term of the execution of each Additional Service the sole and unique organizer and solely liable for the information disclosed to participants.

4. Creation of user accounts

In order to the use the online services provided by EQUIMOV, each Member must create beforehand a User Account by entering personal data, necessary for the interlinking functionalities (namely surname, first name, age, civility, telephone number and valid email address).

Members certify being older than 18 years old on the date of registration.

EQUIMOV is not liable for any wrongly entered or fraudulent information disclosed by the Members.

Every Member undertakes to not create or use any other accounts than the one initially created, except in the event in which the Member has explicitly asked to do so and has been authorized to do so by the EQUIMOV.

In compliance with the terms of section II, article 1 of EQUIMOV Terms of Service, the Host structures are deemed to be professional structures. If this is not the case, the Host structure is required to specify this when registering.

The Members are informed that the declared status “Professional/private” can be subject to revision by tax authorities, namely based on the Transaction Amounts entered into through the platform.

5. Ads

All Members with equestrian properties able to receive horses and/or riders can access the online reservation services by creating an Ad.

Separate Ads must be created for the Horse and Rider Accommodations. Host structures providing Rider and Horse Accommodation are connected through the Platform. Members are authorized to advertise Rider only Accommodation by registering for a Subscription.

The Members create and publish Ads of which the sole aim is to present the Accommodation, the Host structure as well as the Additional Services and to reference and enable the Members to make a reservation.

Each Member must disclose information on the Accommodation (localization, main characteristics, facilities, availability as well as the prices and financial conditions).

Members understand and accept that the order in which Ads are referenced depends on several different factors, including, namely, the Rider’s preferences.

Riders can reserve Accommodation based on the requirements set out by the Host structure (Veterinary form…).

Each Member recognizes that it is solely liable for their Ads and content. It is up to it to the Host structure to make sure that the Ad is correct and representative of the Accommodation.

It is namely liable for all images of the Host structure, and it must update them if needed. It also recognizes that EQUIMOV is authorized to use the images and guarantees to the extent that EQUIMOV shall not be implicated in any legal difficulties.

Each Member also agrees that EQUIMOV is fully authorized (even if the Ad is deleted from the Website) to use the images for advertising, commercialization and any other commercial use, media or platform whether this concerns your Ad or not, without additional notification or indemnification.

The Host structures declare and guarantee that any published Ad and/or reservation does not breach any third party agreements and are, or will be, compliant with all applicable law, tax obligations, and regulations which may apply to the Accommodation figuring in the Ad published on the Website (including any permits, licenses and required registrations) and finally, that this Ad does not breach any third parties’ rights.

The Host structure recognizes and accepts that any agreement entered into with the Rider is only applicable between the Host structure and the Rider. EQUIMOV is not considered to act in any contractual authority. The Host structure remains sole liable for its acts and omissions, as well as for any person living or present at the Accommodation.

The Host Structures authorize Members to include Additional Services in the Ad by registering for a subscription, subject to the financial conditions set out in these Terms of Service.

6. Pricing of Accommodation and Additional Services

Accommodation and Additional Services prices are displayed tax included and are defined solely and freely by the Host structures. It is namely up to the Host structure to take into account all expenses and charges related to the use of the services provided on the Website, namely the “Service fees”.

EQUIMOV only intervenes in collecting funds. Each collection takes place up confirmation of reservation by the Host structure entailing the payment by the Rider.

7. Accommodation Reservation and Additional Services

The Host structure offers the Accommodation for reservation on the Website through its Ad.

The Rider reserves the Accommodation and/or the Additional Services by filling out the required information.

Reservation of the Rider Accommodation must be done separately, even when it is with the same Host structure.

All Reservations must take place through the Website by making an online payment through one of the payment methods made available. Receipt of payment confirms the reservation (hereinafter the “Reservation”).

As soon as the Reservation is confirmed, the Host structure and the Rider are irrevocably connected. An email and text message confirmation will be sent to the Host structure and to the Rider in order to confirm the Reservation.

The Reservation is individual and personal. The information (identity, sanitary information) provided by the Members must related to the information provided upon registration and reservation. If this is not the case, the cancellation of the reservation will be the fault of the Member having provided erroneous information.

Any cancellation after the Reservation has been confirmed is regulated under paragraph “Cancellations”.

8. Fees and payment
8.1. Payment of reservation

In the absence of objection by the Rider in the 24 hours following his arrival in the Host structure, the Transaction Amount less then Service fees will be paid to the Host structure.

The amount will only be paid by EQUIMOV by bank transfer. There will be no payments in cash or by checks.

As a result, the Host structure must disclose all information to EQUIMOV enabling it to receive money by bank transfer:

  • Either email address or Paypal account;
    And/or
  • All information related to the bank account.

The payment will be followed by a confirmation email and an invoice for the Service fees paid by the Host structure to EQUIMOV.

In no event is EQUIMOV liable or guarantor towards the Host structure for payment incidents, if for any reason, the charge was to be reversed, in the event of opposition our fraudulent use of payment instrument. In this event, the Host structure undertakes to refund the amount paid upon request made by EQUIMOV.

The Rider and Host structure agree that no interest is generated on the funds collected by EQUIMOV.

8.2. Equimov Fees

EQUIMOV charges service fees and a commission on the Transaction Amount (hereinafter “Service Fees”).

Services Fees are charged on the Transaction Amount but are paid by the Host Structure. It is therefore up to the Host Structure providing the Accommodation to take them into account when setting the price for the Accommodation and the Additional Services.

The Service fees are determined according to the Transaction Amount:

  • Services fees:
    • For reservations of less than 35 EUR tax included, service fees debited by EQUIMOV will represent 12% of the Transaction Amount (tax excl.).
    • For reservations of more than 35 EUR tax included, service fees debited by EQUIMOV will represent 8% of the Transaction Amount (tax excl.).
      Hereinafter the “Service fees”
  • Commission: the commission debited by EQUIMOV in addition to the Service Fees represents 5% of the Transaction Amount (tax excl.).
    Hereinafter the “Commission”

By using the Website, the Host structure expressly authorizes EQUIMOV to debit the Service Fees from the Amount of the Transaction.

8.3. Invoices

For each Reservation, the Host structure receives an invoice which justifies the fees charged by EQUIMOV.

8.4. Subscription

Each Member who wishes to include Additional Services our upload Rider only Accommodation can access the creation of Additional Services on the Website by paying monthly or annual subscription, without commitment and tacit renewal.

9. Cancellations

Cancellation by a Host structure or the Rider after the Reservation is subject to the following dispositions.

When creating the Ad, the Host structure choses between the application of “flexible” and a “strict” cancellation policy.

The Host structure can change the cancellation policy at any moment by going to its User account. The change will apply for all future reservations (and not pending reservations).

In the event of a cancellation of the Reservation by the Host structure, the Rider is refunded the full Transaction Amount.

9.1. Strict cancellation policy

If the Rider cancels before arrival time in the Host structure or if the Rider does not present itself to the Host Structure within the two hours following arrival time in the Host structure, under the reserve of presentation of a veterinary certificate EQUIMOV, shall pay the Transaction Amount less the Services Fees to the Host structure.

In this the case, the Rider shall receive no refund.

9.2. Flexible cancellation policy

In the event of a cancellation of the Reservation by the Rider:

  • If cancellation takes place at least 48 hours before the Rider is to arrive in the Host structure or less than 45 minutes after the Reservation, cancellation fees corresponding to the Service fees must be paid to EQUIMOV. As a result, the Rider will be refunded the Transaction Amount, less the cancellation fees.
  • If the cancellation takes place less than 48 hours before the Rider is to arrive in the Host structure, and if the cancellation is registered more than 45 minutes after the Reservations; cancellation fees corresponding to the Service fees are to be paid to EQUIMOV and the Host structure will receive an indemnification of 50% of the Transaction Amount.

AS a result, the Rider will be refunded the Transaction Amount less the cancellation fees and indemnification of the Host structure.

10. Insurance

All professional Host structures putting Ads on the Platform declares that they fully respect tax and insurance obligations (namely professional liability insurance and compliancy obligations).

To this end, each Host structure undertakes to provide each Rider with its professional liability insurance certificate, upon Rider request.

Section II: General Subscription Conditions

1. Subscription

Any Member, Equestrian Professional or Host structure with a User account wishing to access Additional Services or offer Rider only Accommodations must register for a monthly or annual subscription.

All subscriptions registered by Equestrian Professionals will only be effective once official professional capacity have been transferred to EQUIMOV.

2. Acceptance

Acceptance of Terms of Use and Sale entails acceptation of subscription conditions.

3. Subscriptions

The amount of each Subscription includes a trial period during which the Subscription is free.

Monthly subscription Yearly subscription
Premium suscription – 3 events per month 4,90 EUR tax incl. 49 EUR tax incl.
Premium – unlimited events 9,90 EUR tax incl. 99 EUR tax incl.
Rider only Accommodation 12,90 EUR tax incl. 129 EUR tax incl.
Equestrian Professional 9,90 EUR tax incl. 99 EUR tax incl.
4. Trial Period

Each Member benefits from a trial period of 2 months during which no payment shall be made to EQUIMOV.

Each Member is able to terminate the Subscription at any time during the two months following the subscription date.

EQUIMOV informs each Member of the end of the trial period and, unless the Member decides to unsubscribe, the Member shall pay the fee in accordance with the terms and of the Subscription.

In any event, Members authorize EQUIMOV to take fingerprint their bank card, on date of subscription.

5. Renewal - Termination

All subscriptions are made without commitment and the Members can unsubscribe at any moment.

Monthly subscriptions are tacitly renewed every month, each Member has to unsubscribe before the 15 of the following month, which means that any un-subscription by the Member between the 15th and the following month will only be effective from month + 1.

Annual subscriptions are not tacitly renewed which means that each Member shall have to expressly confirm to EQUIMOV that it wishes to pursue the subscription. If the Member does not do so, the Subscription will end without any further formality.

Section III: Generalities

1. Stripe

Payment services for the Host structures using the Website are provided by Stripe and are subject to acceptance of Stripe Connected (Stripe Connected Account Agreement) which includes Stripe services (all together being Stripe General Terms of Use – “Stripe Services Agreement”).

By accepting these Terms or by continuing to act as Host structure on the Website, you accept the application of Stripe General Terms of Use, as well as any changes made to them by Stripe. As the Website allows you to make payments via Stripe, you accept to provide EQUIMOV with specific and complete information on the transaction made through the payment solution provided by Stripe.

2. Breach of general terms

Any breach of the Terms of Service may entail civil and/or criminal sanctions, as well as the temporary or definitive closure of User accounts.

Members are informed that any adverse use of the Platform is considered to be fraudulent use of the Website, causing injury to EQUIMOV.

All Members undertake to inform EQUIMOV of any fraudulent use of the Platform as soon as possible.

3. Litigation

Despite the fact that EQUIMOV is not a party to the contracts entered into between Members, EQUIMOV provides an online dispute resolution service related to managing Reservations (namely issues related to non-compliancy of Accommodation).

The dispute resolution service does not promise or undertake to fund a solution to disputes between members.

If no solution is found between the Rider and the Host structure, EQUIMOV reserves the right to retain funds paid by the Rider until an amicable resolution has been found by the parties or until a definitive judicial decision.

4. Liability

The service provide by EQUIMOV is an intermediary service.

The Members act under their sole and entire responsibility.

The use of the Accommodation, as well as the general performance of the Contract entered into between Members via the Platform, can in no way entail EQUIMOV’s liability.

As a result, EQUIMOV cannot be liable for any incident which may have taken place during the period of Accommodation.

EQUIMOV does not accept any liability for any agreement made by a Member with a third party, or any violation of law or applicable regulations.

EQUIMOV is neither owner nor legal guardian of the Horse using the Accommodation and can in no way be considered as liable for the damages caused by the Horse, including any sanitary difficulties.

The Members recognize and agree that EQUIMOV is not party to the Accommodation agreement between the Rider and the Host structure, and therefore does not accept liability for damages caused to the Horse.

In addition, EQUIMOV does not accept any liability for the Rider’s fraudulent use of payment instruments. EQUIMOV does not insure any guarantee of payment to the Host structure.

The Website or the service may be interrupted for maintenance, updates, urgent repairs or for reasons independent from EQUIMOB (for instance technical failures). EQUIMOV undertakes to limit the disturbances as much as possible.

The Members accept and recognize that EQUIMOV does not accept liability for any unavailability, suspension r interruption of the Website or service and cannot be held responsible for any direct or indirect damage resulting from it.

In any event, and without prejudice to what is set out by the present, any liability which may be held against EQUIMOV can only give way to the payment of an indemnification capped at the amount paid in Service fees, cancellation fees or subscription fees.

5. Interruption or suspension of access to service and/or website

If you do not respect part or all of the Terms of service, you recognize and accept that EQUIMOV may, at any time and without previous notification, interrupt of suspend, temporarily or definitively, all or part of the Service or your access to the Website (including your user account).

6. Personal data and/or website content
a. Personal data

While using the Platform, Equimov has to collect and deal with a certain amount of personal data. By using the Website and registering as a Member, you recognize ad accept that your personal data be used by EQUIMOV, in accordance with the Confidentiality Policy.

b. Intellectual property

The website www.equimov.fr belongs to EQUIMOV.

Any reproduction, even partial, of content, including the present Terms of Services, is subject to previous and written authorization by EQUIMOV.

Any hyperlink towards a Website page, except the home page, is subject to previous written authorization by EQUIMOV.

c. Content created by Members

EQUIMOV does not accept liability for content created on the Website by its Members.

EQUIMOV will however do all that is possible to delete illicit content notified to it by its Members, through an online form available on the Website.

Members authorize EQUIMOV to transmit Website content provided by the Members, namely Ad content, to commercial partners within the development of EQUIMOV services.

7. Statute of limitations

Any claim made against the company in related to the present Terms of Service is time-barred after 1 year. All Members waive their right to claim payment one year after. Unclaimed funds become property of EQUIMOV.

This does not apply to Members acting as consumers (as defined by French consumer code).

8. Applicable law and jurisdiction

The present Terms of service are governed by French law.

The applicable jurisdiction is the one of EQUIMOV’s registered office.