Legal Notices & Jurisdiction
These Legal Notices are governed by French law and any dispute will be referred to French courts, which will have exclusive jurisdiction. The following text is a full translation from French to English of the Legal Notices.
The mobile app HorseGlobe is published by ATAO SAS, a French registered company under the number RCS Brive Register: 824 739 668 00013, VAT number: FR 52 824 739 668, headquartered at La Batizou, 19210 Lubersac, France.
Head of Publications: S. Ayoub, President of ATAO SAS, reachable at the following email address: email@example.com.
General information & introductory presentation:
HorseGlobe is a smartphone application for horse enthusiasts to safely record their trails and share them across the community worldwide.
HorseGlobe makes riders feel safe:
- as trails are recorded by horseback (& carriage) riders, they are perfectly suitable to the specific horsemanship constraints in terms of feasibility and security;
- riders hear a beep when straying (50m) from the planned trail;
- the “LOST” icon brings riders back to their starting point;
- the “SOS” icon generates and communicate rider’s GPS coordinates by SMS.
En offrant un plateforme de partage ouverte à ses Utilisateurs, HorseGlobe ne peut être tenu responsable des problèmes résultant de l’utilisation des informations diffusées sur l’Application.
HorseGlobe is clear and respectful in its communication and dealings and values positive and user-friendly solutions.
HorseGlobe members form a tolerant community that accepts diversity and doesn’t prejudge others on the basis of race, gender or religion.
HorseGlobe is an environment friendly community that inflicts no harm upon eco-systems.
Article 1 - Terms and Conditions, Jurisdiction and Definitions
These Terms & Conditions are governed by French law and any dispute will be referred to French courts, which will have exclusive jurisdiction. The following text is a full translation from French to English of the Legal Notices.
- 'Mobile application', 'mobile app' or 'app': the mobile application HorseGlobe and all its screens.
- 'Publisher': the legal or natural person responsible for editing and publishing content on the app.
- 'User': is someone who accesses and uses the app.
- 'Products': all digital content or services that can be purchased or subscribed through in-app.
- 'Customer': the user buying through in-app.
- 'Store': The digital distribution platform used by the publisher to publish the app, and by the user to download the app.
Article 2 - Mentions imposed by French trust law in the digital economy and app purpose
The app is published by ATAO SAS.
HorseGlobe is a smartphone application that helps horse riders from all disciplines to safely record their trails and share them across the community worldwide.
The acquisition of a product or in a broader sense the use of the app implies users’ acceptance of the whole current Terms and Conditions. The user thus acknowledges he has read, understood and accepted the latter. This acceptance will be considered to have the same value as a handwritten signature from the user.
The acceptance of these Terms and Conditions implies the user has the legal capacity to do so. If the user is a minor or does not have the legal capacity to enter into contracts, he or she declares having the consent of a parent.
Article 3 – Product features
The products offered are those listed in the catalog published on the app, and every product is listed along with a description provided by the publisher.
HorseGlobe’s customer care is available by e-mail at the following address: firstname.lastname@example.org or through regular mail at the following address La Batizou, 19210 Lubersac, France.
All requests will be addressed within 7 business days.
Article 4 - Prices
The prices listed in the catalog are prices shown in Euros including taxes (TTC), and based on the applicable VAT on the day of the order.
ATAO reserves the right to change prices at any time. However, only the price appearing on the day of purchase shall be applicable to the buyer.
Article 5 - App member account
The registered user on the app (member) has the ability to access his account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The user is responsible for protecting the password he has chosen and is encouraged to use complex passwords. In case he forgets his password, the user can generate a new one. This password guarantees the confidentiality of the information. The user will refrain from communicating his password and the publisher will not be held liable for unauthorized access to a user account.
The user can be asked to provide personal information when buying products within the app; he commits to provide accurate information.
The app publisher cannot be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event as this information has no probative value and is only informative. The account pages and screens cannot be considered as evidence; they only have informative value and aim to effectively help the user to manage his orders or contributions.
The publisher reserves the exclusive right to delete the account of any user who may have breached these Terms and Conditions, including if the user has provided false information during his registration.
Said deletion cannot be considered harmful to the excluded user, who cannot claim any compensation pertaining to the account deletion. Moreover, the account deletion does not prevent the publisher to initiate legal actions or a lawsuit against the user.
Members are free to delete their account on the app. In order to do so, the member can send an e- mail to the app publisher stating that he or she wants to delete the account: data cannot be recovered by the user after account deletion.
Article 6 - Publisher waiver of responsibility
Failure to access the app cannot be considered as harmful to the users, and will not result in any kind of compensation. HorseGlobe has the right to modify or discontinue the service at any time and without notice or liability.
Article 7 - Intellectual property rights relating to information published on the app
Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the app and material on the app. Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting. Any user found guilty of counterfeiting will likely see his account deleted without notice or compensation. This deletion does not prevent the publisher or its representative to initiate legal actions or a lawsuit against the user.
Article 8 - User-generated content on the app
Users are offered the option to contribute to the app by posting trails, comments and pictures.
Contributors are informed that the publisher can publish the contribution on the app, on the app’s newsletters or on the app’s website, provided the pseudonym of the author is mentioned. The author of the contribution therefore waives his rights to the benefit of the publisher for any kind of use or purpose, even commercial.
Article 9 - Brands
Trademarks and logos that appear in the app are registered by the publisher or possibly by one of his partners. As such, any misuse, reproduction or distribution will result in penalties as foreseen in the articles L. 713-2 and following of the French Code of Intellectual Property.
Article 10 - Limitation of Liability
The publisher is bound by an obligation of means and cannot be held liable for damages resulting from the use of the app such as data loss, hacking, viruses, failure or other.
The publisher cannot be held liable for breach of contract due to a force majeure event, including but not limited to disasters caused by floods or fires. As regards purchased products, the publisher shall not be liable for any consequential damages due to losses, damage or expenses that might arise. The choice and purchase of a product are under the sole responsibility of the customer. The total or partial inability to use such product due to incompatible equipment will not result in any compensation, reimbursement or questioning the responsibility of the publisher, except in the case of a proven hidden defect or non-compliance.
In case the app is not made available to the customer, the customer has up to six months (starting at the date of the purchase) to file a claim. No claims will be accepted beyond this time period.
The user expressly agrees to use the app at his own risk and under his sole responsibility. The app provides the user with indicative information: errors, omissions and misstatements may appear.
In any event the publisher will no be liable for:
- any direct or indirect damage, including but not limited to losses, revenue shortfall, loss of customers or data that may result from the use of this app or the inability to use it;
- any malfunction, impossibility of access, misuse, improper configuration of the user's device, or for the use of an unusual or obsolete device;
- the advertisements content and other links or external sources the user may access through the app.
Article 11 - App Internet accessibility
The publisher cannot be liable for any technical unavailability of the connection, including but not limited to a force majeure, maintenance, update, intervention by the hosting company, internal or external strike, network outage, power failure, or bad setup or operation of the user’s device.
Article 12 - Eligible law and consumer mediation
These Terms & Conditions are governed by French law and any dispute will be referred to French courts, which will have exclusive jurisdiction. The publisher or one of its representatives may modify them at any time. The Terms and Conditions applicable to the user are those in effect on the date of the order or of the connection to the site. The publisher will archive older versions of the Terms and Conditions, and send them to any user upon request.
Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms and Conditions may be submitted to the discretion of the publisher in view of a friendly settlement, before any legal proceedings. It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, all legal proceedings pertaining to the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
Consumer mediation As required in the article L.612-1 of the French “Code de la Consommation”, ATAO SAS guarantees that the customer can seek a free-of-charge consumer mediation for the amicable resolution of any dispute with the publisher. ATAO SAS offers its nonprofessional customers the mediation of the following mediator:
- Jérôme DUPRE
Mediation is not mandatory but only offered to allow informal resolution of disputes and avoid unnecessary litigation.
« Cookies » are hereby defined in the broad sense of any file stored on the user's device in order to identify him or her, or to sustainably record data on the device.
Cookies allow the app to identify its user, to customize his experience and speed up the display of the app through a data file saved on his device. Cookies are typically used on the app to 1) allow the app to memorize the user’s settings within the app, 2) gather user navigation data to provide analytics and optimize user experience and 3) allow the user to login and access password- protected content, including but not limited to his or her account pages and screens.
Article 14 - Payment information
The user can buy this app and pay using the credit card which details he or she provided to the Store.
All payments are made through secure transactions provided by the Store. The app has no access to any user payments data; payment is made directly by and to the Store.
Article 15 - Delivery and withdrawal right waiver
The publisher undertakes to make purchased products available as soon as the user makes the payment.
The purchase of products offered within the app will not allow the customer to exert his right of withdrawal, as stated in article L.221-28 of the French “Code de la Consommation”, because of the nature of those products. The customer acknowledges the orders will be regarded as irreversible, and waives his withdrawal right.
Article 16 - Products warranty
All products purchased on this app are protected by the following legal guarantees (French Code Civil);
Guarantee of conformity:
According to Articles L.217-4 and following of the French “Code de la Consommation”, the seller must deliver goods in conformity with the contract and is responsible for defects existing during product delivery. The guarantee of conformity may be exercised if defects were to exist on product delivery.
Hidden defects guarantee:
According to Articles 1641 to 1649 of the French “Code Civil”, the customer may request the exercise of a hidden defects guarantee if the considered defects do not appear at the time of delivery and be serious enough (the defect must render the product unfit for the use for which it is intended, or hinder this use to such an extent that the buyer would not have bought the product or would not have purchased it at such a price if he or she had known the default).
In case of non-conformity of a product sold on the app, the publisher can refund it. All claims of refund must be made by mail to the following address: La Batizou, 19210 Lubersac, France or by e-mail at email@example.com within thirty days of the date of purchase.
Article 17 - Archiving
The publisher will archive purchase orders and invoices on a reliable and durable medium in accordance with the provisions of Article 1348 of the French “Code Civil”. Both parties will consider digital records as proof of communications, orders, payments and transactions between them.
Article 18 - Terms and Conditions framework
Should a court declare any of these terms and conditions null and void, such nullity shall not extend to other clauses, which continue to be in effect. The present Terms and Conditions describe the entire agreement between the user and the publisher. The Terms and Conditions are not assignable, transferable or sub licensable by the user himself.
Article 19 - Notification
Article 20 - Claims
Any claim customers may have regarding the use of this app, its pages or screens, services or social network pages of the publisher must be initiated within one (1) year after the cause of action arises.
Article 21 - Inaccuracies
Inaccuracies or errors may appear in the app and the publisher will make every effort to amend them accordingly. In case a user notices an inaccuracy or error, he is invited to describe them and send a mail to firstname.lastname@example.org.
Article 22 - Location & tracking data
In compliance with article L. 34-1-V of the French “Code des Postes et des Communications Electroniques”, the express consent of the user must be given during the app setup on the device for location & tracking to take place, and the user must be able to change location settings later on.
For the app to use location & tracking data, the user must activate the location & tracking features of the device the app runs on. The user can waive his or her consent to location & tracking by the app, at all times and free of charge.
Activation of the location & tracking features of the device (GPS) allows the user to use the following app services: (1) recording of user's trails, (2) sharing other rider's trails as well as (3) safety features : "LOST" & "S.O.S.".
Deactivation of the app or device location & tracking features prevents app services related to location & tracking to run, and geo-targeting ads to display in the app.
All rights reserved - 26 January 2017