EQUINET
Terms of Use (ToU)
Terms of Use (ToU)
Version 3.3 - October 2024
Terms of Use
EQUINET is an application (EQUINET App) offered by Mustad Hoofcare S.A. ("Mustad", "us", "we", or "our") to make everyday business management easier for farriers and to facilitate the sharing and exchange of ideas and information by farriers. EQUINET is available through our website found at https://www.equinetapp.com and as a downloadable mobile application. We refer to EQUINET, our related website and mobile applications, and all products and services delivered by us through these channels as "EQUINET App".
Mustad will provide the EQUINET App and support, assistance and information for its use, to you ("you", "your", "user") according to these Terms of Use. By registering to use the EQUINET App, accessing its content and using its functions you agree to be bound by these Terms of Use.
The EQUINET App is offered and available to users who are 18 years of age or older. By using the EQUINET App, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, or if you do not agree to be bound by these Terms of Use, do not access or use any part of the EQUINET App. Mustad reserves the right, to make changes to these Terms of Use by reasonable notice, posted to our website(s) and mobile application, at Mustad's sole discretion. Continued use of any part of the EQUINET App constitutes your acceptance of such changes.
Chapter 1 General Terms of Use
1. The EQUINET App contains materials (including all software, designs, texts, photographs, illustrations, audio and video materials, artwork and other graphic materials, and names, logos and trademarks) which are protected under intellectual property rights owned by us, our affiliates and/or our licensors. You agree to abide by all applicable copyright and other intellectual property laws, as well as any additional copyright notices or restrictions contained in the EQUINET App. Mustad may assert its intellectual property rights without further notice. Mustad grants you a limited, revocable, non-exclusive, and non-transferable license to use the EQUINET App in accordance with these Terms of Use and other applicable license agreements.
2. You are solely responsible for the goods or services that you schedule, document, sell, communicate, track, or otherwise offer or provide through the EQUINET App (including description, price, fees, applicable tax rates, tax that you calculate, collection and remittance of taxes to relevant tax authorities, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
To the maximum extent permitted by law:
(a) The responsibility for content posted by you in the EQUINET App and all consequences flowing from such content lies with you; and
(b) Mustad does not assume any responsibility for the publication of any content, including but not limited to ideas, the expression of ideas, information and advice, that is posted, sent or authored by any user of the EQUINET App.
3. Mustad or its affiliates or agents may store information or content posted by you in the EQUINET App, but you own any such content posted by you (other than feedback or information that is publicly available) and represent and warrant to Mustad that you have the ownership rights or you have obtained all necessary licences or permissions from relevant parties, to use and post that content. You grant to Mustad a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free licence to access, use, copy, reproduce, process, adapt, publish, transmit, modify, create derivative works, host, and display the information and content provided by you for the following limited purposes: (i) to maintain, provide and improve the EQUINET App services; (ii) to prevent or address technical or security issues including to meet regulatory obligations concerning the investigation and reporting of data breaches, and to resolve support requests; (iii) to investigate when we have received a complaint alleging, that such content is in violation of applicable law and/or these Terms of Use; (iv) to comply with a valid legal subpoena, request or other lawful process; (v) deidentify or aggregate the content such that it cannot be linked back to you (v) to develop new technologies and services and (vi) as expressly permitted in writing by the user. If you provide us feedback or other suggestions about the EQUINET App or any of our other products and services, you agree we may use the feedback and suggestions without restriction or obligation to compensate you, and that we are under no obligation to keep the information you provide confidential except for any information that may reasonably identify you or be linked back to you.
4. You will at all times indemnify and keep Mustad, its affiliates, designees, licensors, service providers and their respective directors, officers, employees and agents (the "Mustad Parties") harmless from and against any loss (including reasonable legal costs and expenses) or liability arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arises out of, in connection with or in respect of any use of the EQUINET App or any breach of these Terms of Use by you. This indemnity does not apply in relation to any loss or liability arising wholly or partially, directly or indirectly, from the deliberate or negligent action or failure to act of any of those otherwise indemnified under this clause.
5. To the extent permitted by law, Mustad and the Mustad Parties will not be liable to you or any third party (whether in contract, tort or otherwise) for any indirect, punitive, special, incidental or consequential damages or loss (including loss of profits, business revenue, use, goodwill, or data, pain and suffering, personal injury, or damage to property) that may arise from your access to or use of the EQUINET App, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. Mustad is not responsible for the conduct, whether online or offline, of any user of the EQUINET App including any misuse of the EQUINET App by any user. In no event will Mustad or the Mustad Parties be liable to you or any third party for:
(a) any damages or losses, including consequential damages, or lost profits arising from your reliance on any content or other information or material found on the EQUINET App;
or
(b) any indirect or consequential damages or losses, or lost profits arising from any technical failures, delays in operation or transmission or malfunctions in the EQUINET App (including its infrastructure, equipment and software).
Where Mustad and/or the Mustad Parties are liable to you or any third party that liability will not exceed in aggregate € 100 (one hundred euro).
6. Mustad may, in its sole discretion, acting reasonably, temporarily or permanently exclude any user from accessing or otherwise using the EQUINET App. If you breach these Terms of Use we may do this without notice.
7. Acceptable Use. All users must comply with the following rules regarding acceptable use of the EQUINET App:
Prohibited actions. You may not:
(a). probe, scan, or test the vulnerability of any system or network of or relating to the EQUINET App or breach or circumvent any security or authentication measure;
(b). access or search the EQUINET App by any means other than Mustad's publicly supported interfaces (for example, "scraping");
(c). attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using "bots" or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
(d). interfere with or disrupt the access of any customer, user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the EQUINET App, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the EQUINET App.
Prohibited use. You may not use the EQUINET App to carry out, promote or support:
(e). any unlawful or fraudulent activities;
(f). the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
(g). activities that are defamatory, discriminatory, libellous or threatening, constitute hate speech, harassment, or stalking;
(h). the publishing or posting of other people's private or personal information without their express permission;
(i). the sending of unsolicited communications, promotions advertisements or spam; or
(j). the publishing of or linking to i) Prohibited User Data (as defined below) or ii) malicious content intended to damage or disrupt another user's browser or computer or other device.
Prohibited User Data. You may not post or process any data on or through the EQUINET App that:
(k). violates any applicable law or contractual confidentiality obligation, any third party's intellectual property rights or privacy rights;
(l). is deceptive, misleading, fraudulent, illegal, obscene, pornographic, defamatory, libellous or threatening, constitutes hate speech, harassment, or stalking;
(m). contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or patient health information, except with Mustad's explicit prior written consent;
(n). contains viruses, bots, worms, or similar harmful materials.
8. In addition to any other remedies that may be available to us, we reserve the right, acting reasonably, to take any remedial action we deem necessary, including immediately suspending or terminating your user account or your access to the EQUINET App, upon reasonable notice in the circumstances and without any liability for us, should you fail to abide by the rules in these Terms of Use or if, in our sole discretion, such action is necessary to prevent disruption of the EQUINET App for other users. Mustad may moderate, pre-screen, verify, monitor or edit all content posted by you or other users for this or any other reason reasonably necessary to protect its business interests and may investigate any suspected violation of these terms of use and take appropriate action including, in its sole discretion, removing content or excluding you from accessing the EQUINET App or disabling your username and password.
9. Third-Party Services. The EQUINET App may allow you to access, use, or interact with third-party websites, apps, content and other products and services ("Third-Party Services"). Third-Party Services are not moderated by Mustad and are not under Mustad's control, responsibility or endorsement. Access to any Third Party Service is at your own risk. You should be aware that these Third-Pary Services may contain terms and privacy policies that are different from those of Mustad. If you decide to use Third-Party Services, you are responsible for reviewing and understanding any such terms. You authorize Mustad to use and disclose your information, including personal information, for the purpose of making the Third-Party Services you choose available to you.
10. You are responsible for making all arrangements necessary for you to have access to the EQUINET App. You may choose to terminate your account at any time. Mustad gives no warranties or guarantees that the EQUINET App is fit for any particular purpose or will meet particular levels of availability or functionality. Your choice to download and use the EQUINET App is entirely voluntary and at your own risk. You may have rights under warranties that are implied by law that cannot be excluded. To the extent that we are permitted by law to limit and exclude warranties we provide the EQUINET App on an "AS IS" basis without any express or implied warranties, statutory, or otherwise, including but not limited to any warranties of merchantability, title, non-infringement, fitness for particular purpose, timeliness, reliability, satisfactory quality, completeness, accuracy, security and freedom from error, computer virus or or anything else which may have a harmful effect on any technology.. Further to the extent permitted Mustad does not warrant or accept responsibility for the accuracy or completeness of information contained on the EQUINET App, or in any content posted by a user of the EQUINET App. Mustad does not warrant and, to the extent permitted by law, excludes all liability of any kind, however arising, for any errors or inaccuracies on the EQUINET App or in any content posted by a user of the EQUINET App. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us and the Mustad Parties from any claim, complaint, cause of action, controversy, dispute, or damages (together, "claim"), known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. Your rights with respect to us and the Mustad Parties are not modified by the foregoing disclaimer if the laws of your country or territory of residence, applicable as a result of your use of the EQUINET App, do not permit it. If you are a United States resident, you waive any rights you may have under California Civil Code §1542, or any other similar applicable statute or law of any other jurisdiction, which says that: a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.
11. To use the EQUINET App, you will need to register an account with a username and password. You will also need to agree to these Terms of Use. Your password will be encrypted and can only be restored by you at your request. You agree to keep your password secure and confidential and not to share it with any other person. You are responsible for all use and access to your EQUINET account and any breach of these Terms of Use. You must notify us immediately if you believe the security of your username and password has been compromised. Unless and until we receive such notice from you, you acknowledge that we may assume any use of, or actions taken on, the EQUINET App using your EQUINET account will be deemed to have been taken by and duly authorised by you,
12. Content and all data stored in the EQUINET App will be saved on an external server. See our EQUINET Privacy Policy for more information about how your personal information is handled.
13. Mustad will monitor the use of the EQUINET App as a service that provides value for its customers. Mustad may collect and store data that is generated through use of the EQUINET App by users, including but not limited to data about your interests, knowledge, device activity, location and usage. When you register for the EQUINET app you agree that Mustad may collect, store, review, deidentify, aggregate and use data obtained through your use of the EQUINET App for product development, and marketing and promotional purposes including to understand the purchasing behaviour, preferences and needs of EQUINET App users and overall trends in the market. You are free to withdraw the consent referred to this section and to refuse to take part in any follow-up activity when you register, or by emailing Mustad at privacy@mustad.com at any later time. You may also request that your data and details (unless deidentified or aggregated) are deleted from Mustad's records by emailing Mustad at privacy@mustad.com.
14. Mustad will collect and process your personal information for the purposes disclosed in these Terms of Use and in accordance with its Equinet Privacy Policy as each may be amended from time to time.
15. Except for your profile information, all other personal identifiable information that you may choose to process by using our EQUINET App, such as Personal Data concerning your customers and their horses, services that you perform for your customers, appointments scheduled with customers or other third parties, is processed under your sole responsibility. You are in control of and are responsible for the Personal Data of your customers and other third parties that you choose to process in the EQUINET App. For this processing of Personal Data, you are the Data Controller and Mustad is the Data Processor (as defined in the GDPR). Chapter 2 of these Terms of Use contain data processing terms that apply to our processing of Personal Data as a Data Processor. By using the EQUINET App in any way, you agree to these Terms of Use, including the Standard clauses on data processing as set out in Chapter 2 below. If you are located in Australia or New Zealand you agree to obtain the consent of any third party individual whose personal information you provide to us through the EQUINET App or any other means, to ensure the individual is aware that the information may be stored processed and used outside of these countries and that such usage may not be subject to the same protections as would apply in the individual's own country.
16. These terms of use are governed by and must be construed in accordance with the laws of The Netherlands. If any part of these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If any part of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the part must be severed from these Terms and the remaining provisions of these Terms are valid and enforceable.
17. You can contact us through the contact details set out on our website. if you have any questions, complaints or disputes regarding (any part of) the EQUINET App. We agree to use best efforts and act reasonably to settle any dispute, claim, question, or disagreement amicably. If we do not reach an amicable solution within a period of 30 days from the time informal dispute resolution has commenced, to the extent permitted by applicable law, all controversies, disputes, demands, claims or causes of action between you and us arising out of, under, or related to (your use of) the EQUINET App and these Terms of Use, shall be submitted to the exclusive jurisdiction of the courts of Groningen, the Netherlands or in the event this is found to be unenforceable or unreasonable, to the jurisdiction where you reside.
18. Special Copyright Provisions for U.S. Copyrights. We respect the intellectual property rights of others and require that the people who use the EQUINET App do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the EQUINET App in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material, including, if applicable the full URL; (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
John Roberts
New Counsel, PLC
4530 W. 77th Street, Suite 385
Edina, MN 55345
+ 1 612-659-8443
jroberts@newcounsel.com
Chapter 2 Standard clauses on data processing
Any personal information submitted by you is subject to, and will be handled in accordance with, our Privacy Policy. Your use of EQUINET App is subject to our Privacy Policy.
The provisions in this Chapter 2 'Standard clauses on data processing' apply, in addition to the General Terms of Use in Chapter 1, to all Mustad's processing of Personal Data in the Equinet App as a Data Processor to the extent such data processing is covered by the GDPR or laws governing the collection use storage of information about an individual in another country where the user resides ("Other Privacy Laws". These 'Standard clauses on data processing' form a processing agreement as meant in article 28, paragraph 3 of the General Data Protection Regulation (GDPR).
19. General
19.1. Mustad processes the personal data on the user's behalf and in accordance with the instructions agreed on by Mustad and the user.
19.2. User is the controller in the sense of the GDPR, has control over the processing of personal data and has established the purpose of and the means for the personal data processing.
19.3. To the extent Mustad is the Data Processor in the sense of the GDPR, it has no control over the purpose of and the means for the Personal Data processing and, therefore, does not take any decisions on, amongst other things, the use of the Personal Data.
19.4. Mustad implements the GDPR as laid down in this section 'Standard clauses on data processing'. The user is responsible for assessing, on the basis of this information, whether Mustad offers adequate guarantees with respect to applying appropriate technical and organizational measures for the processing to meet the requirements posed by the GDPR and to adequately safeguard the protection of the data subjects' rights.
19.5. The user guarantees vis-à-vis Mustad that it acts in compliance with the GDPR and/or Other Privacy Laws, where relevant, that its systems and infrastructure are at any time appropriately secured and that the content, the use and/or the processing of personal data by means of the EQUINET App are not unlawful and do not breach any third party rights.
19.6. The user is not entitled to seek recovery from Mustad of an administrative fine imposed on the user by the supervisory authority, on whatever legal ground. In the present chapter (Chapter 2) 'supervisory authority' is understood to mean the supervisory authority referred to in the GDPR and/or Other Privacy Laws where relevant.
20. Security
20.1. Mustad takes appropriate technical and organisational security measures. When implementing these technical and organisational measures, Mustad has taken into account the state of the art, the costs involved in implementing the security measures, the nature, scope and context of the processing, the nature of its products and services, the processing risks and the varying risks, in terms of likelihood and severity, posed to the rights and freedoms of the data subjects that Mustad could expect in view of the use intended to be made of its products and services, in particular the EQUINET App.
20.2. Unless explicitly agreed otherwise, Mustad's EQUINET App is not intended for processing special categories of personal data or data relating to convictions under criminal law or criminal offences.
20.3. Mustad takes reasonable steps to ensure that the security measures taken to protect personal information stored on the EQUINET app are appropriate for the use of the EQUINET App intended by Mustad.
20.4. The security measures described offer a security level, in the user's opinion and taking the factors referred to in section 20.1 into account, appropriate to the risk involved in processing personal data used or provided by the user.
20.5. Mustad may adjust the security measures implemented if this should be required, in Mustad's opinion, to continue to offer an appropriate security level. Mustad keeps a record of important adjustments and informs the user of these adjustments where relevant.
21. Personal data breaches
21.1. Mustad does not guarantee that the security measures are effective in all circumstances. If Mustad discovers a personal data breach, Mustad informs the user of this without undue delay. If no specific arrangements have been agreed on, Mustad will contact the user via the contact information provided in the EQUINET App user's profile.
21.2. It is up to the controller – i.e. the user– to assess whether the personal data breach reported by Mustad must be reported to the supervisory authority or the data subject. Reporting personal data breaches is, at any time, the user's responsibility. Mustad is not obliged to report personal data breaches to the supervisory authority and/or the data subject.
21.3. Where required, Mustad provides further information on the personal data breach and renders assistance in providing the information to the user that the user needs to report a breach to the supervisory authority or the data subject.
21.4. To the extent permitted by law, Mustad may charge the user for the reasonable costs involved in this context, within reason and as against applicable rates.
22. Confidentiality
22.1. Mustad ensures that the obligation to observe confidentiality is imposed on any person processing personal data under Mustad's responsibility.
22.2. Mustad is entitled to provide personal data to third parties if and insofar as this should be required pursuant to a judicial decision or a statutory requirement, on the basis of an authorised order by a public authority or in the context of the proper performance of the agreement.
23. Obligations following termination
23.1. In the event the processing agreement ends, Mustad deletes, within the period of time agreed on in the agreement, all personal data received from the user that it has in its possession in such a way that they can no longer be used and are rendered inaccessible, or, if agreed on, returns these data to the user in a machine readable format.
23.2. Mustad may charge the user for any reasonable costs possibly and reasonably incurred in the context of the stipulation in the previous paragraph. Further arrangements on this may be separately agreed upon.
23.3. The provisions of section 23.1 do not apply if statutory provisions should prohibit Mustad to delete the personal data or return these, in part or in full. In such event Mustad only continues to process the personal data insofar as required under its statutory obligations. The provisions of article 23.1 do not apply either if Mustad is a controller in the sense of the GDPR with respect to the personal data.
24. Data subjects' rights, Data Protection Impact Assessment (DPIA) and audit rights
24.1. Where possible, Mustad renders assistance in reasonable requests by the user that are related to data subjects exercising their rights against the user. If Mustad is directly contacted by a data subject, Mustad refers this data subject, whenever possible, to the user.
24.2. If the user should be obliged under the GDPR to carry out a Data Protection Impact Assessment (DPIA) or a prior consultation following this, Mustad renders assistance, at the user's reasonable request, in this DPIA or prior consultation.
24.3. At the user's reasonable request, if the user should have reasons to assume that the personal data are not processed in accordance with these standard clauses on data processing, the user may commission an audit, no more than once per year and at the user's expense, by an independent, certified external expert who has demonstrable experience in the type of data processing that is carried out under these standard clauses on data processing. The audit is limited to verifying compliance with the arrangements on personal data processing as laid down in these standard clauses on data processing. The expert is obliged to observe confidentiality with respect to his findings and only reports issues to the user which result in a failure by Mustad to meet its obligations under these standard clauses on data processing. The expert provides Mustad with a copy of his report. Mustad may refuse an expert, an audit or an instruction by the expert if this should be, in Mustad's opinion, in violation of the GDPR or other laws and regulations or if this should be an unacceptable breach of the security measures implemented by Mustad.
24.4. Parties will consult on the findings of the report as soon as possible. Parties comply with the improvement measures proposed and laid down in the report insofar as this can be reasonably expected from them. Mustad implements the proposed measures insofar as these are appropriate in Mustad's opinion, taking into account the processing risks associated with Mustad's EQUINET App, the state of the art, the implementation costs, the market in which Mustad operates and the intended use of the EQUINET App.
24.5. Mustad is entitled to charge the user for the costs it has incurred in the context of the provisions laid down in this section 24.
25. Subprocessors
25.1. The user grants Mustad permission to contract other subprocessors in the performance of Mustad's obligations under these standard clauses on data processing.
25.2. Mustad informs the user about possible changes with respect to the third parties it contracts. The user is entitled to object to said change by Mustad.
By registering and using EQUINET App, you confirm that you have read and agree with these Terms of Use.
Mustad will provide the EQUINET App and support, assistance and information for its use, to you ("you", "your", "user") according to these Terms of Use. By registering to use the EQUINET App, accessing its content and using its functions you agree to be bound by these Terms of Use.
The EQUINET App is offered and available to users who are 18 years of age or older. By using the EQUINET App, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, or if you do not agree to be bound by these Terms of Use, do not access or use any part of the EQUINET App. Mustad reserves the right, to make changes to these Terms of Use by reasonable notice, posted to our website(s) and mobile application, at Mustad's sole discretion. Continued use of any part of the EQUINET App constitutes your acceptance of such changes.
Chapter 1 General Terms of Use
1. The EQUINET App contains materials (including all software, designs, texts, photographs, illustrations, audio and video materials, artwork and other graphic materials, and names, logos and trademarks) which are protected under intellectual property rights owned by us, our affiliates and/or our licensors. You agree to abide by all applicable copyright and other intellectual property laws, as well as any additional copyright notices or restrictions contained in the EQUINET App. Mustad may assert its intellectual property rights without further notice. Mustad grants you a limited, revocable, non-exclusive, and non-transferable license to use the EQUINET App in accordance with these Terms of Use and other applicable license agreements.
2. You are solely responsible for the goods or services that you schedule, document, sell, communicate, track, or otherwise offer or provide through the EQUINET App (including description, price, fees, applicable tax rates, tax that you calculate, collection and remittance of taxes to relevant tax authorities, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
To the maximum extent permitted by law:
(a) The responsibility for content posted by you in the EQUINET App and all consequences flowing from such content lies with you; and
(b) Mustad does not assume any responsibility for the publication of any content, including but not limited to ideas, the expression of ideas, information and advice, that is posted, sent or authored by any user of the EQUINET App.
3. Mustad or its affiliates or agents may store information or content posted by you in the EQUINET App, but you own any such content posted by you (other than feedback or information that is publicly available) and represent and warrant to Mustad that you have the ownership rights or you have obtained all necessary licences or permissions from relevant parties, to use and post that content. You grant to Mustad a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free licence to access, use, copy, reproduce, process, adapt, publish, transmit, modify, create derivative works, host, and display the information and content provided by you for the following limited purposes: (i) to maintain, provide and improve the EQUINET App services; (ii) to prevent or address technical or security issues including to meet regulatory obligations concerning the investigation and reporting of data breaches, and to resolve support requests; (iii) to investigate when we have received a complaint alleging, that such content is in violation of applicable law and/or these Terms of Use; (iv) to comply with a valid legal subpoena, request or other lawful process; (v) deidentify or aggregate the content such that it cannot be linked back to you (v) to develop new technologies and services and (vi) as expressly permitted in writing by the user. If you provide us feedback or other suggestions about the EQUINET App or any of our other products and services, you agree we may use the feedback and suggestions without restriction or obligation to compensate you, and that we are under no obligation to keep the information you provide confidential except for any information that may reasonably identify you or be linked back to you.
4. You will at all times indemnify and keep Mustad, its affiliates, designees, licensors, service providers and their respective directors, officers, employees and agents (the "Mustad Parties") harmless from and against any loss (including reasonable legal costs and expenses) or liability arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arises out of, in connection with or in respect of any use of the EQUINET App or any breach of these Terms of Use by you. This indemnity does not apply in relation to any loss or liability arising wholly or partially, directly or indirectly, from the deliberate or negligent action or failure to act of any of those otherwise indemnified under this clause.
5. To the extent permitted by law, Mustad and the Mustad Parties will not be liable to you or any third party (whether in contract, tort or otherwise) for any indirect, punitive, special, incidental or consequential damages or loss (including loss of profits, business revenue, use, goodwill, or data, pain and suffering, personal injury, or damage to property) that may arise from your access to or use of the EQUINET App, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. Mustad is not responsible for the conduct, whether online or offline, of any user of the EQUINET App including any misuse of the EQUINET App by any user. In no event will Mustad or the Mustad Parties be liable to you or any third party for:
(a) any damages or losses, including consequential damages, or lost profits arising from your reliance on any content or other information or material found on the EQUINET App;
or
(b) any indirect or consequential damages or losses, or lost profits arising from any technical failures, delays in operation or transmission or malfunctions in the EQUINET App (including its infrastructure, equipment and software).
Where Mustad and/or the Mustad Parties are liable to you or any third party that liability will not exceed in aggregate € 100 (one hundred euro).
6. Mustad may, in its sole discretion, acting reasonably, temporarily or permanently exclude any user from accessing or otherwise using the EQUINET App. If you breach these Terms of Use we may do this without notice.
7. Acceptable Use. All users must comply with the following rules regarding acceptable use of the EQUINET App:
Prohibited actions. You may not:
(a). probe, scan, or test the vulnerability of any system or network of or relating to the EQUINET App or breach or circumvent any security or authentication measure;
(b). access or search the EQUINET App by any means other than Mustad's publicly supported interfaces (for example, "scraping");
(c). attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using "bots" or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
(d). interfere with or disrupt the access of any customer, user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the EQUINET App, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the EQUINET App.
Prohibited use. You may not use the EQUINET App to carry out, promote or support:
(e). any unlawful or fraudulent activities;
(f). the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
(g). activities that are defamatory, discriminatory, libellous or threatening, constitute hate speech, harassment, or stalking;
(h). the publishing or posting of other people's private or personal information without their express permission;
(i). the sending of unsolicited communications, promotions advertisements or spam; or
(j). the publishing of or linking to i) Prohibited User Data (as defined below) or ii) malicious content intended to damage or disrupt another user's browser or computer or other device.
Prohibited User Data. You may not post or process any data on or through the EQUINET App that:
(k). violates any applicable law or contractual confidentiality obligation, any third party's intellectual property rights or privacy rights;
(l). is deceptive, misleading, fraudulent, illegal, obscene, pornographic, defamatory, libellous or threatening, constitutes hate speech, harassment, or stalking;
(m). contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or patient health information, except with Mustad's explicit prior written consent;
(n). contains viruses, bots, worms, or similar harmful materials.
8. In addition to any other remedies that may be available to us, we reserve the right, acting reasonably, to take any remedial action we deem necessary, including immediately suspending or terminating your user account or your access to the EQUINET App, upon reasonable notice in the circumstances and without any liability for us, should you fail to abide by the rules in these Terms of Use or if, in our sole discretion, such action is necessary to prevent disruption of the EQUINET App for other users. Mustad may moderate, pre-screen, verify, monitor or edit all content posted by you or other users for this or any other reason reasonably necessary to protect its business interests and may investigate any suspected violation of these terms of use and take appropriate action including, in its sole discretion, removing content or excluding you from accessing the EQUINET App or disabling your username and password.
9. Third-Party Services. The EQUINET App may allow you to access, use, or interact with third-party websites, apps, content and other products and services ("Third-Party Services"). Third-Party Services are not moderated by Mustad and are not under Mustad's control, responsibility or endorsement. Access to any Third Party Service is at your own risk. You should be aware that these Third-Pary Services may contain terms and privacy policies that are different from those of Mustad. If you decide to use Third-Party Services, you are responsible for reviewing and understanding any such terms. You authorize Mustad to use and disclose your information, including personal information, for the purpose of making the Third-Party Services you choose available to you.
10. You are responsible for making all arrangements necessary for you to have access to the EQUINET App. You may choose to terminate your account at any time. Mustad gives no warranties or guarantees that the EQUINET App is fit for any particular purpose or will meet particular levels of availability or functionality. Your choice to download and use the EQUINET App is entirely voluntary and at your own risk. You may have rights under warranties that are implied by law that cannot be excluded. To the extent that we are permitted by law to limit and exclude warranties we provide the EQUINET App on an "AS IS" basis without any express or implied warranties, statutory, or otherwise, including but not limited to any warranties of merchantability, title, non-infringement, fitness for particular purpose, timeliness, reliability, satisfactory quality, completeness, accuracy, security and freedom from error, computer virus or or anything else which may have a harmful effect on any technology.. Further to the extent permitted Mustad does not warrant or accept responsibility for the accuracy or completeness of information contained on the EQUINET App, or in any content posted by a user of the EQUINET App. Mustad does not warrant and, to the extent permitted by law, excludes all liability of any kind, however arising, for any errors or inaccuracies on the EQUINET App or in any content posted by a user of the EQUINET App. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us and the Mustad Parties from any claim, complaint, cause of action, controversy, dispute, or damages (together, "claim"), known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. Your rights with respect to us and the Mustad Parties are not modified by the foregoing disclaimer if the laws of your country or territory of residence, applicable as a result of your use of the EQUINET App, do not permit it. If you are a United States resident, you waive any rights you may have under California Civil Code §1542, or any other similar applicable statute or law of any other jurisdiction, which says that: a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.
11. To use the EQUINET App, you will need to register an account with a username and password. You will also need to agree to these Terms of Use. Your password will be encrypted and can only be restored by you at your request. You agree to keep your password secure and confidential and not to share it with any other person. You are responsible for all use and access to your EQUINET account and any breach of these Terms of Use. You must notify us immediately if you believe the security of your username and password has been compromised. Unless and until we receive such notice from you, you acknowledge that we may assume any use of, or actions taken on, the EQUINET App using your EQUINET account will be deemed to have been taken by and duly authorised by you,
12. Content and all data stored in the EQUINET App will be saved on an external server. See our EQUINET Privacy Policy for more information about how your personal information is handled.
13. Mustad will monitor the use of the EQUINET App as a service that provides value for its customers. Mustad may collect and store data that is generated through use of the EQUINET App by users, including but not limited to data about your interests, knowledge, device activity, location and usage. When you register for the EQUINET app you agree that Mustad may collect, store, review, deidentify, aggregate and use data obtained through your use of the EQUINET App for product development, and marketing and promotional purposes including to understand the purchasing behaviour, preferences and needs of EQUINET App users and overall trends in the market. You are free to withdraw the consent referred to this section and to refuse to take part in any follow-up activity when you register, or by emailing Mustad at privacy@mustad.com at any later time. You may also request that your data and details (unless deidentified or aggregated) are deleted from Mustad's records by emailing Mustad at privacy@mustad.com.
14. Mustad will collect and process your personal information for the purposes disclosed in these Terms of Use and in accordance with its Equinet Privacy Policy as each may be amended from time to time.
15. Except for your profile information, all other personal identifiable information that you may choose to process by using our EQUINET App, such as Personal Data concerning your customers and their horses, services that you perform for your customers, appointments scheduled with customers or other third parties, is processed under your sole responsibility. You are in control of and are responsible for the Personal Data of your customers and other third parties that you choose to process in the EQUINET App. For this processing of Personal Data, you are the Data Controller and Mustad is the Data Processor (as defined in the GDPR). Chapter 2 of these Terms of Use contain data processing terms that apply to our processing of Personal Data as a Data Processor. By using the EQUINET App in any way, you agree to these Terms of Use, including the Standard clauses on data processing as set out in Chapter 2 below. If you are located in Australia or New Zealand you agree to obtain the consent of any third party individual whose personal information you provide to us through the EQUINET App or any other means, to ensure the individual is aware that the information may be stored processed and used outside of these countries and that such usage may not be subject to the same protections as would apply in the individual's own country.
16. These terms of use are governed by and must be construed in accordance with the laws of The Netherlands. If any part of these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If any part of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the part must be severed from these Terms and the remaining provisions of these Terms are valid and enforceable.
17. You can contact us through the contact details set out on our website. if you have any questions, complaints or disputes regarding (any part of) the EQUINET App. We agree to use best efforts and act reasonably to settle any dispute, claim, question, or disagreement amicably. If we do not reach an amicable solution within a period of 30 days from the time informal dispute resolution has commenced, to the extent permitted by applicable law, all controversies, disputes, demands, claims or causes of action between you and us arising out of, under, or related to (your use of) the EQUINET App and these Terms of Use, shall be submitted to the exclusive jurisdiction of the courts of Groningen, the Netherlands or in the event this is found to be unenforceable or unreasonable, to the jurisdiction where you reside.
18. Special Copyright Provisions for U.S. Copyrights. We respect the intellectual property rights of others and require that the people who use the EQUINET App do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the EQUINET App in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material, including, if applicable the full URL; (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
John Roberts
New Counsel, PLC
4530 W. 77th Street, Suite 385
Edina, MN 55345
+ 1 612-659-8443
jroberts@newcounsel.com
Chapter 2 Standard clauses on data processing
Any personal information submitted by you is subject to, and will be handled in accordance with, our Privacy Policy. Your use of EQUINET App is subject to our Privacy Policy.
The provisions in this Chapter 2 'Standard clauses on data processing' apply, in addition to the General Terms of Use in Chapter 1, to all Mustad's processing of Personal Data in the Equinet App as a Data Processor to the extent such data processing is covered by the GDPR or laws governing the collection use storage of information about an individual in another country where the user resides ("Other Privacy Laws". These 'Standard clauses on data processing' form a processing agreement as meant in article 28, paragraph 3 of the General Data Protection Regulation (GDPR).
19. General
19.1. Mustad processes the personal data on the user's behalf and in accordance with the instructions agreed on by Mustad and the user.
19.2. User is the controller in the sense of the GDPR, has control over the processing of personal data and has established the purpose of and the means for the personal data processing.
19.3. To the extent Mustad is the Data Processor in the sense of the GDPR, it has no control over the purpose of and the means for the Personal Data processing and, therefore, does not take any decisions on, amongst other things, the use of the Personal Data.
19.4. Mustad implements the GDPR as laid down in this section 'Standard clauses on data processing'. The user is responsible for assessing, on the basis of this information, whether Mustad offers adequate guarantees with respect to applying appropriate technical and organizational measures for the processing to meet the requirements posed by the GDPR and to adequately safeguard the protection of the data subjects' rights.
19.5. The user guarantees vis-à-vis Mustad that it acts in compliance with the GDPR and/or Other Privacy Laws, where relevant, that its systems and infrastructure are at any time appropriately secured and that the content, the use and/or the processing of personal data by means of the EQUINET App are not unlawful and do not breach any third party rights.
19.6. The user is not entitled to seek recovery from Mustad of an administrative fine imposed on the user by the supervisory authority, on whatever legal ground. In the present chapter (Chapter 2) 'supervisory authority' is understood to mean the supervisory authority referred to in the GDPR and/or Other Privacy Laws where relevant.
20. Security
20.1. Mustad takes appropriate technical and organisational security measures. When implementing these technical and organisational measures, Mustad has taken into account the state of the art, the costs involved in implementing the security measures, the nature, scope and context of the processing, the nature of its products and services, the processing risks and the varying risks, in terms of likelihood and severity, posed to the rights and freedoms of the data subjects that Mustad could expect in view of the use intended to be made of its products and services, in particular the EQUINET App.
20.2. Unless explicitly agreed otherwise, Mustad's EQUINET App is not intended for processing special categories of personal data or data relating to convictions under criminal law or criminal offences.
20.3. Mustad takes reasonable steps to ensure that the security measures taken to protect personal information stored on the EQUINET app are appropriate for the use of the EQUINET App intended by Mustad.
20.4. The security measures described offer a security level, in the user's opinion and taking the factors referred to in section 20.1 into account, appropriate to the risk involved in processing personal data used or provided by the user.
20.5. Mustad may adjust the security measures implemented if this should be required, in Mustad's opinion, to continue to offer an appropriate security level. Mustad keeps a record of important adjustments and informs the user of these adjustments where relevant.
21. Personal data breaches
21.1. Mustad does not guarantee that the security measures are effective in all circumstances. If Mustad discovers a personal data breach, Mustad informs the user of this without undue delay. If no specific arrangements have been agreed on, Mustad will contact the user via the contact information provided in the EQUINET App user's profile.
21.2. It is up to the controller – i.e. the user– to assess whether the personal data breach reported by Mustad must be reported to the supervisory authority or the data subject. Reporting personal data breaches is, at any time, the user's responsibility. Mustad is not obliged to report personal data breaches to the supervisory authority and/or the data subject.
21.3. Where required, Mustad provides further information on the personal data breach and renders assistance in providing the information to the user that the user needs to report a breach to the supervisory authority or the data subject.
21.4. To the extent permitted by law, Mustad may charge the user for the reasonable costs involved in this context, within reason and as against applicable rates.
22. Confidentiality
22.1. Mustad ensures that the obligation to observe confidentiality is imposed on any person processing personal data under Mustad's responsibility.
22.2. Mustad is entitled to provide personal data to third parties if and insofar as this should be required pursuant to a judicial decision or a statutory requirement, on the basis of an authorised order by a public authority or in the context of the proper performance of the agreement.
23. Obligations following termination
23.1. In the event the processing agreement ends, Mustad deletes, within the period of time agreed on in the agreement, all personal data received from the user that it has in its possession in such a way that they can no longer be used and are rendered inaccessible, or, if agreed on, returns these data to the user in a machine readable format.
23.2. Mustad may charge the user for any reasonable costs possibly and reasonably incurred in the context of the stipulation in the previous paragraph. Further arrangements on this may be separately agreed upon.
23.3. The provisions of section 23.1 do not apply if statutory provisions should prohibit Mustad to delete the personal data or return these, in part or in full. In such event Mustad only continues to process the personal data insofar as required under its statutory obligations. The provisions of article 23.1 do not apply either if Mustad is a controller in the sense of the GDPR with respect to the personal data.
24. Data subjects' rights, Data Protection Impact Assessment (DPIA) and audit rights
24.1. Where possible, Mustad renders assistance in reasonable requests by the user that are related to data subjects exercising their rights against the user. If Mustad is directly contacted by a data subject, Mustad refers this data subject, whenever possible, to the user.
24.2. If the user should be obliged under the GDPR to carry out a Data Protection Impact Assessment (DPIA) or a prior consultation following this, Mustad renders assistance, at the user's reasonable request, in this DPIA or prior consultation.
24.3. At the user's reasonable request, if the user should have reasons to assume that the personal data are not processed in accordance with these standard clauses on data processing, the user may commission an audit, no more than once per year and at the user's expense, by an independent, certified external expert who has demonstrable experience in the type of data processing that is carried out under these standard clauses on data processing. The audit is limited to verifying compliance with the arrangements on personal data processing as laid down in these standard clauses on data processing. The expert is obliged to observe confidentiality with respect to his findings and only reports issues to the user which result in a failure by Mustad to meet its obligations under these standard clauses on data processing. The expert provides Mustad with a copy of his report. Mustad may refuse an expert, an audit or an instruction by the expert if this should be, in Mustad's opinion, in violation of the GDPR or other laws and regulations or if this should be an unacceptable breach of the security measures implemented by Mustad.
24.4. Parties will consult on the findings of the report as soon as possible. Parties comply with the improvement measures proposed and laid down in the report insofar as this can be reasonably expected from them. Mustad implements the proposed measures insofar as these are appropriate in Mustad's opinion, taking into account the processing risks associated with Mustad's EQUINET App, the state of the art, the implementation costs, the market in which Mustad operates and the intended use of the EQUINET App.
24.5. Mustad is entitled to charge the user for the costs it has incurred in the context of the provisions laid down in this section 24.
25. Subprocessors
25.1. The user grants Mustad permission to contract other subprocessors in the performance of Mustad's obligations under these standard clauses on data processing.
25.2. Mustad informs the user about possible changes with respect to the third parties it contracts. The user is entitled to object to said change by Mustad.
By registering and using EQUINET App, you confirm that you have read and agree with these Terms of Use.
