Harry Hall Riding App (formerly HUUFE by Harry Hall) - Terms of Use (“Terms”)

Welcome to the Harry Hall Riding App.  We want you to know and understand your rights and our rights relating to the provision of Services (as defined below).  Please read these Terms carefully. Here are the main points, in brief:

The Harry Hall Riding mobile application are owned and operated by Harry Hall International Limited ("We"). We are registered in England and Wales under company number 1362323 and have our registered office at Park View Mills, Wibsey Park Avenue, Wibsey, Bradford, BD6 3QA.

To contact us, please either write to our registered address or email us: contact@harryhall.com

By using our Services, you accept these terms

The Harry Hall website, related mobile applications and services (collectively the “Services”) are made available to you by Harry Hall and are subject to these Terms.   By creating an account and using, accessing, uploading or downloading the Services, you confirm that you accept these Terms and that you agree to comply with them.

The Services are intended solely for persons who are 13 years old or older. If you are 13-15, you must get parental consent to use our Services.

If you do not agree to these terms, you must not use our Services.

We recommend that you print a copy of these Terms for future reference.

There are other terms that may apply to you

These Terms of use refer to the following additional terms, which also apply to your use of our Services:

We may suspend or withdraw our Services

We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Our Services are for Subscribers across the world.

Our Services are directed to people residing across the globe. We do not represent that content available on or through our Services is appropriate for use or available in your country.

You agree to comply with all applicable laws.

Registration and Your account

To use the Services, you must create an account and provide certain personal information about yourself as part of the registration process.  In doing so you agree that such information is true, accurate, current and complete.  If information that you provide changes in any way you undertake to update your registration details.  If the information that you provide is inaccurate or not current or we have grounds to suspect such information is inaccurate or not current, then we have the right to suspend or terminate your account and refuse you access to the Services.

If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You are solely responsible for maintaining the confidentiality of your password. You must not disclose it to any third party.

We have the right to disable any use password or any other identification code, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your password, you should promptly notify us at contact@harryhall.com

You may register an account or log on to your account via a third-party network such as Facebook or Google.  If you choose to do this, you hereby authorize Harry Hall to pre-populate the registration information gathered from such third-party networks and to use the third-party credentials to allow you to log on to your account.  In doing so you warrant and undertake that you comply and will continue to comply with the terms and conditions applicable to the relevant third-party network.

You may deactivate your account at any time by visiting the settings page in the App and may request deletion of your personal information by contacting us at dpo@harryhall.com. Once your account is deactivated all of your activity shall be lost and cannot be reinstated.

Premium Service

You may be able to access enhanced functionality within the Services (“Premium Services”) by paying a Premium Subscription Fee.  Such subscription can be paid either on a monthly or annual basis and is payable in advance of the use of the Premium Services.  Huufe reserves the right to increase the Premium Subscription Fee from time to time.

In order to pay the Premium Subscription Fee, you will be required to provide payment information (including credit card details) and by signing up to Premium Services you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. No refunds or credits will be provided by Huufe in relation to the Services. 

Your Premium Subscription Fee will be billed automatically at the beginning of each monthly or annual period as is applicable. Such Premium Subscription Fee will continue to be collected automatically until you cancel your Premium Service.

You may cancel your Premium Service at any time. The cancellation of Premium Services will become effective at the end of the billing cycle. No refunds are available for the period between cancellation and the end of the billing cycle. Even though your Premium Service is terminated, your account shall continue with access to the core Services.

Intellectual Property Rights and Content

We are the owner or the licensee of all intellectual property rights and other rights in our Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You are the owner of the information, data, text, sound, photographs, graphics, video, message, posts, tags and other material that you make available in connection with your use of the Services, (collectively, “Content”), whether posted privately or transmitted or submitted through a third party such as Instagram.  You grant us a non-exclusive, transferable, sub-licensable, royalty free, worldwide license to use any Content. When you deactivate your account please note that we will retain and use data in an aggregated and non-identifiable manner.

You acknowledge that Harry Hall are in no way responsible for the Content you upload, post, transmit or otherwise make available through your use of the Services.

You understand that by using the Services you may be exposed to other content that is offensive, indecent or objectionable and you further acknowledge that Huufe is in no way liable to you for such other content and that you bear all risks associated with the use of Content and any other information available in connection with the Services. Huufe in is no way responsible or endorses the Content and any other information posted on the Services.

We are not responsible for websites we link to.

Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources and shall have no liability in relation to them.

Conduct

You may not copy, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any part of the Services.  You must not use the Services, or assist or encourage any other party to engage in any of the following prohibited activities:

1. Publish, transmit, distribute or store any Content, material, information or data that is: (i) illegal, obscene, defamatory, threatening, harassing, abusive or hateful; (ii) harmful to or interferes with the Services; (iii) infringing or violates any third party intellectual or other rights;

2. Committing any act that may be harmful to minors.

3. Collecting or harvesting any personal information about subscribers of the Services.

4. Copying, framing or mirroring any part of the services;

5. Accessing the Services to monitor its availability, performance or functionality;

6. Violating any applicable law or regulations or encouraging others to engage in conduct which may violate any applicable law or regulations or could constitute a criminal offense or give rise to a civil liability.

Our Responsibility for Loss or Damage

The LiveRide and SafeRide features of the app require you to:

·                     Access the Premium Services;

·                     Enable and configure the LiveRide or SafeRide features;

·                     Select friends or family to be your “Nominated Contacts”;

·                     Ensure your Nominated Contacts details are up to date.

The purpose of the LiveRide feature, is to allow you to share your location in real time with your Nominated Contacts. The purpose of the SafeRide feature is to contact your Nominated Contacts if you have had an accident.

The LiveRide feature operates by showing your up to date location when the phone has a GPS signal, and the relevant location services are enabled.

The SafeRide feature operates by triggering an audible alarm if the App does not detect movement for a specified period of time (this time period can be altered during the configuration of the SafeRide feature), if you do not disable the alarm by tapping ‘not an emergency’ the App will automatically send a text message to your Nominated Contacts. This means that the App will not send a notification to your Nominated Contacts if for example you are injured but still moving or the ‘not an emergency’ button is accidentally tapped.

It should be noted that both the LiveRide and SafeRide features may not function where the app has poor GPS signal, low battery, poor network signal, or where Nominated Contacts have had their phone numbers incorrectly saved (e.g. a relevant country code has not been entered) or suffers any other issues which may impact the accuracy or function of these features.

Additionally, it should be noted that horse-riding is a dangerous sport which carries certain inherent and significant risks including property damage, bodily injury or death. While the LiveRide and SafeRide features work as set out above, the LiveRide and SafeRide features are not a substitute for taking the usual safety precautions associated with riding, such as wearing a helmet, back protector, being visible on the road, telling friends and family where you will be riding and how long for and riding within your and your horse’s capabilities.

 

Explanation of the administration features

If you access the Premium Services you will also be able to access tools to assist with administration in connection with your horse, including but not limited to reminders for veterinary treatments. While this is intended to assist you, given the inherent limitations in electronic tools of this king e.g. the App will not function if your phone has no battery or poor network signal, dates may reasonably easily be inadvertently changed, the administrative features are not a substitutes for other methods of ensuring the administration in connection with your horse is carried out, for example by separately diarising particular events.

 

Our Responsibility

We may not be responsible to you if you fail to take into account the features and operation of the app, and the additional precautions we advise you to take, as set out above.

In respect of your use of the App we are not responsible for:

·         any losses that were not foreseeable to both parties when the App was downloaded (i.e. not an obvious consequence of our breach, or not contemplated by you and us at that time);

·         any losses that were not caused by any breach of our legal obligations to you; or

·         any business losses, or losses that you suffer other than in your capacity as a consumer.

In respect of your use of the App you expressly agree to release Harry Hall, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “released parties”) from any and all liability for losses (whether direct, indirect, special, consequential or other) in connection with your activities and/or use of the services, and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with such use.

No exclusion or limitation of responsibility in these Terms of Use shall apply to the extent prohibited or limited by law.  For example in the United Kingdom, we do not exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation. If any part of this clause is disallowed or found to be ineffective by any court or other competent body the other parts will continue to apply.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.

You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the applicable laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

Which country's laws apply to any disputes?

These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.