Updated: May 8th 2020
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and EQUO. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written or verbal agreements or arrangements with you. EQUO may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any part thereof, at any time for any reason and without notice.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on www._______________.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). In the event of a conflict with respect to the applicable Services, supplemental terms shall prevail over and supersede these Terms.
EQUO may amend the Terms related to the Services from time to time. Amendments will be effective upon EQUO's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Services constitute a technology platform that enables you to use EQUO's mobile applications (each, an "Application") to arrange and schedule transportation of equines and/or logistic services with third party providers of such services, including independent third party transportation providers and third party logistic providers under agreement with EQUO or certain of EQUO's affiliates ("Third Party Providers"). Unless otherwise agreed by EQUO in a separate written agreement with you, the Services are made available for your personal and commercial use. YOU ACKNOWLEDGE THAT EQUO DOES NOT PROVIDE TRANSPORTATION OR LOGISTIC SERVICES OR FUNCTIONS AS A TRANSPORTATION CARRIER. THE CARRIER IS THE SOLE RESPONSIBLE PARTY FOR THE TRANSPORTATION OF THE EQUINES AND SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGES.
Subject to your compliance with these Terms, EQUO grants you a limited, non-exclusive, non- sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and commercial use. Any rights not expressly granted herein are reserved by EQUO and EQUO's licensors.
You may not: (i) remove or use any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by EQUO; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under EQUO's various types or request options associated with transportation or logistics, including the transportation request types currently referred to as "EQUO RUSH," "EQUO PLANNED," and "EQUO POOL." You also acknowledge that the Services may be made available under such types or request options by or in connection with certain of EQUO's subsidiaries and affiliates.
Third Party Services and Content.
The Services and all rights therein are and shall remain EQUO's property or the property of EQUO's licensors. Neither these Terms nor your use of the Services convey or grant to you any
rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner EQUO's company names, logos, product and service names, trademarks or services marks or those of EQUO's licensors.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to EQUO certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information for your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or EQUO's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by EQUO in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to use transportation services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. You will be asked to provide the following documentation to the Driver: (i) proof of identification documentation; (ii) Official report of a negative Equine Infections Anemia Test (EIA or Coggins Test) dated within Six (6) months of the date of the ride; and (iii) Health Certificate issued by a licensed veterinarian within Thirty (30) days of the ride. You agree that you may be denied access to or use of the Services if you refuse to provide such documents.
The Company does not provide insurance for the equine that is being transported. It is up to the owner to insure the equine.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. EQUO does not guarantee that the Services, or any portion thereof, will function on any
particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, EQUO will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final
Attn: The Equo Team