Terms and Conditions
Contractual relationship
These Terms of Use ("Terms") constitute the contractual basis between you and HorseLift (Erkrather Straße 365, 40231 Düsseldorf, Germany) concerning the use of agency services and related services provided by HorseLift.
Please read these conditions carefully before accessing or using our services.
By accepting these terms and conditions, you agree to be legally bound by them. The use of our services implies the acceptance of these terms and conditions.
These terms and conditions expressly replace all contracts or agreements previously concluded with you.
HorseLift may immediately terminate these terms and conditions and all agency services to you, suspend the services generally or deny access to all or any part of the agency services at any time for any reason.
Certain agency services may be subject to additional terms and conditions, such as guidelines for a specific event, promotion or advertising campaign.
Additional conditions apply in addition to the conditions for the respective agency services and constitute a part of these. If there is a contradiction to these terms and conditions, the additional terms and conditions apply to the respective agency services. HorseLift may amend these terms and conditions at any time. HorseLift will inform you of any such changes. By confirming the amended terms and conditions, you agree to the amended terms and conditions. At this point in time, the amended terms and conditions become valid.
We collect and use personal data in connection with our agency services in accordance with HorseLift's privacy policy, which is available at https://horselift.com/. Regardless of the privacy policy, HorseLift may, to the extent permitted by applicable law, provide an insurance adjuster or insurer with all necessary information (including your contact details) in the event of a complaint, litigation or dispute involving you and a third party (in particular an independent service provider) in connection with the transportation or logistics service arranged by HorseLift and such information or data is necessary to pursue and resolve the complaint, litigation or dispute.
Agency services
HorseLift offers various technology platforms and provides you with agency services by means of these platforms. Unless otherwise agreed, the use of these agency services is free of charge for you. The agency services include the provision of a technology platform for the transmission of requests for transportation or logistics services from users of HorseLift's mobile applications or websites (each an "Application") to independent and autonomous third party providers, including independent transportation service providers and independent logistics service providers ("Independent Service Providers"), and the invoicing of transportation or logistics services in the name and for the account of the Independent Service Provider. Unless otherwise agreed between HorseLift and you in a separate written agreement, the agency services are only offered for your private, non-commercial use.
You are free to use the agency services. There is no obligation to use the agency services within certain periods of time.
At the same time, HorseLift is not obliged to successfully arrange transport or logistics services for you. It is solely at the independent service provider's own discretion to accept or decline your request for transportation or logistics services. The application enables you to send a request for a transport or logistics service. The GPS receiver, which should be installed on the cell phone (smartphone) to which you have downloaded the application, recognizes your location.
If you activate the GPS function, HorseLift will transmit your request together with your location data via e-mail to the external service provider on your behalf.
YOU INSTRUCT AND AUTHORIZE HORSELIFT TO FORWARD YOUR REQUEST TOGETHER WITH YOUR LOCATION DATA TO AN EXTERNAL SERVICE PROVIDER BY E-MAIL AND, IN THE CASE OF A REQUEST FOR TRANSPORTATION SERVICES, TO PROPOSE A DRIVER TO THE EXTERNAL SERVICE PROVIDER FOR THE EXECUTION OF THE TRANSPORTATION REQUEST, WHO (i) IS AVAILABLE AND (ii) WHO IS GEOGRAPHICALLY CLOSEST TO YOU.
If the independent service provider accepts your request, the application will send you a notification with information about the independent service provider and driver - including the driver's name, license plate number and customer service rating - and the option to contact the driver by phone. The application also allows you to see in real time how fast the driver is approaching your location.
If there is no independent service provider available to accept your request at the time of sending your request, you will receive a notification via the application.
YOU UNDERSTAND THAT HORSELIFT ITSELF DOES NOT OFFER, PROVIDE OR ACT AS A TRANSPORT OR LOGISTICS SERVICE PROVIDER AND THAT ALL TRANSPORT AND LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT SERVICE PROVIDERS UNDER THEIR OWN NAME AND FOR THEIR OWN ACCOUNT. THE INDEPENDENT SERVICE PROVIDERS DO NOT ACT FOR HORSELIFT OR ANY COMPANY AFFILIATED WITH HORSELIFT, NOR ARE THEY EMPLOYED BY HORSELIFT OR ANY COMPANY AFFILIATED WITH HORSELIFT.
License
Provided that you fully comply with these terms and conditions, HorseLift grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to (i) access and use the Applications on your own device in connection with the use of the agency services, and (ii) access and use all content, information and related materials made available through the Applications, each for your personal and non-commercial use only. All rights not expressly granted herein are reserved by HorseLift and its licensors.
Limitations
You are not permitted to: (a) (i) remove any copyright, trademark or other proprietary notices from any portion of the applications; (ii) reproduce, modify, prepare derivative works from, distribute, license, rent, sell, resell, transmit, publicly display or perform, stream, broadcast or otherwise make any derivative use of the applications for profit without the explicit permission of HorseLift; (iii) decompile, reverse engineer, or disassemble the applications except as permitted by law; (iv) hyperlink, frame, or mirror any part of the applications; (v) develop or install programs or scripts for the purpose of scraping, indexing, surveying, or other data mining, or to operate or maintain the operation or performance of the applications; (vi) create derivative works based on the information contained in the applications. (vi) attempt to gain unauthorized access to or interfere with any portion of the applications and the systems or networks connected thereto.
Brands of HorseLift
You agree that the agency services will be made available under various brands of HorseLift, including the brands for arranging transportation services, depending on the nature of the respective agency service. You agree that the agency services may be made available at HorseLift's sole discretion by or with the involvement of certain HorseLift subsidiaries or affiliates of HorseLift.
Property
HorseLift or HorseLift's licensors retain ownership of the goods and other rights associated with the agency services. Neither these terms and conditions nor your use of the agency services grants you any rights of any nature: (i) to or in relation to the agency services, except for the limited license granted above; or (ii) to use or refer to HorseLift's company names, logos, product and service names, trademarks or those of HorseLift's licensors.
Your use of the agency services
User accounts
In order to use the agency services, you must create and maintain your own user account ("Account"). To create an account, you must be at least 18 years old.
To create an account you must provide HorseLift with certain personal information such as your name, address, mobile phone number and age and at least one valid payment method (either a credit card or a valid payment partner).
You warrant that your account information is always updated, accurate and complete. If your account information is no longer correct, complete and updated, or if the payment method stored with the account information is invalid or has expired, you may no longer be able to access or use HorseLift's agency services or HorseLift may terminate this agreement with you. You are responsible for all activity on your account and you agree to keep your username and password safe and confidential at all times.
You may not have more than one account without written permission from HorseLift.
Requirements for users and comportment.
The agency services are not available to persons under 18 years of age. You are not permitted to allow third parties to use your account or to allow persons under the age of 18 to use the transportation or logistics services offered by the independent service providers without your supervision. You may not assign or otherwise transfer or make available your account to any other person or entity. You agree to comply with all applicable laws when using the agency services and you may use the agency services only for lawful purposes (e.g., you may not use the agency services of the third party service providers to transport prohibited or hazardous materials).
Text messages
By creating an account, you agree that text messages (SMS) containing information may be sent to you as part of the normal course of business in the course of using the agency services. You are free to refuse receiving text messages (SMS) from HorseLift at any time by sending an e-mail to info@horselift.com stating that you no longer wish to receive such messages, along with the number of the mobile phone used to receive these messages. You understand that the deselection of text messages (SMS) may affect your use of HorseLift's agency services.
Promo codes
HorseLift may, at its sole discretion, provide promo codes to be credited to the account or other incentives or benefits for the agency services or for services provided by independent service providers ("Promo Codes"). Additional terms and conditions generally apply to the use of each promo code. You agree that promo codes: (i) may only be used legally and for the specified audience and purpose; (ii) may not be duplicated, sold, transferred or made available (by public posting or otherwise) to the public in any form unless expressly authorized by HorseLift; (iii) may only be used in accordance with the additional terms and conditions set forth by HorseLift for each individual voucher code; (iv) may not be redeemed for cash; and (v) may expire prior to redemption. HorseLift reserves the right to withhold or deduct credits or any other benefits or advantages or privileges received by you or any other user through the use of voucher codes if HorseLift determines or believes that the use or redemption of the voucher code was caused by fraud, illegal activity or in violation of the applicable terms and conditions for the voucher code or these terms and conditions.
Content provided by users
HorseLift may, in its sole discretion, from time to time, permit you to submit, upload, post or otherwise make available text, audio and/or image content and information by means of the applications to HorseLift, including unfiltered comments and unfiltered feedback on the agency services, support requests and submissions in connection with contests and promotions ("User Content"). All user content provided by you remains your property.
Under consideration of the care required in traffic, you ensure that (i) you are either the sole and exclusive owner of all user content; and (ii) neither the user content nor the transmission, uploading, publication or other making available of such user content, nor HorseLift's use of the user content authorized herein, violates or disregards the intellectual property rights or proprietary rights, publication rights or privacy rights of third parties or violates any applicable laws or regulations.
You agree not to post any user content that is libelous, defamatory, vulgar, violent, obscene, pornographic, otherwise objectionable, or illegal, as HorseLift determines in its sole discretion, whether or not such material is protected by law. HorseLift reserves the right, in its sole discretion, to review and monitor user content and to remove it if it violates the above code of conduct. There is no obligation to remove user content.
Network access and devices
You are solely responsible for setting up the data network access required to use the agency services. During access and/or use of the agency services, data and connection fees and charges imposed by your mobile network provider may occur and you are responsible for paying such fees and charges. You are responsible for obtaining and updating the compatible hardware and devices necessary to access, update, or use the agency services and applications. HorseLift does not warrant that the agency services or any part thereof will be functional on the relevant hardware or equipment. In addition, the agency services may also encounter malfunctions and delays due to the use of the internet and electronic means of communication.
Services of external service providers
HorseLift only operates as an faciliator between you and the third-party service providers. The third-party service providers to whom your request has been referred by means of the application are solely responsible for the transport or logistics service. If the independent service provider accepts your request, the transport or logistics contract is concluded directly between you and the respective independent service provider. HorseLift is at no time party to this transport or logistics contract.
You understand that the provision of the transportation or logistics service is subject to different terms and conditions agreed between you and the independent service provider.
These conditions may make the provision of the transport or logistics service subject to certain rules of conduct.
The respective independent service provider is exclusively responsible for the determination and enforcement of these rules of conduct and other conditions.
As a user of HorseLift, you agree that the cancellation of a booked order is exclusively subject to the general terms and conditions of HorseLift.
Payments
The use of our agency services is free of charge. However, HorseLift retains the right to introduce a fee for the use of the agency services. If HorseLift decides to introduce such a fee, HorseLift will inform you of this in advance and allow you to continue or to end the contract.
You understand that charges ("fees") are generally incurred for the use of the transportation or logistics services offered by the third-party service providers.
The respective fees of the transport or logistics service are set by the respective independent service provider. HorseLift will invoice you for the provided services on behalf of the independent service provider. HorseLift will charge your payment to the independent service provider by acting as a limited debt collector for the independent service provider.
Payments made by you in this way will be treated as if you had made them directly to independent service providers. All fees are due for payment immediately. HorseLift shall be entitled to charge the credit card (including any taxes and late fees that may be applicable in connection with your account) indicated by you upon registration for the use of the applications in the name and on behalf of the independent service provider.
HorseLift will subsequently send you a payment confirmation via e-mail or via similar communication channels. You agree that HorseLift, as the limited debt collector of the independent service provider, may use the second payment method stored in your account if the preferred payment method stored in your account has expired or is invalid or cannot be charged for any other reason. Please note that your booking is binding as our transporters are holding your spot and plan accordingly. In case of a cancellation less than 14 days before the transport, a cancellation fee of 10% of the booked price will be charged. In case of a cancellation 7 days or less before the transport date, no refunds can be made. This also applies to short notice transports booked within or less than 14 days prior to the transport date. After receiving services or goods from the independent service provider, you will have the opportunity to evaluate the independent service provider's service and give additional feedback about it.
Disclaimers; limitation of liability; indemnification
Warranties
The provision of the agency services is free of charge. In return, you have no claim to permanent uninterrupted availability or permanent error-free functionality. Temporary interruptions or errors may occur in particular due to force majeure (e.g. network failure) or due to planned maintenance and upgrade work. Furthermore, the agency services may be subject to restrictions, delays and other problems that are characteristic for the use of the internet and electronic communications.
HorseLift shall endeavor to ensure the best possible availability of the agency services and to remedy malfunctions as quickly as possible. For the avoidance of doubt, HorseLift does not warrant AND does not guarantee that access to or use of the agency services will be (a) uninterrupted or error-free or (b) will result in acceptance of your transportation request by the relevant independent service provider.
Please note that our 24/7 service is only available for emergencies such as accidents, urgent life matters, or similar circumstances. For regular customer service, the service is available during business hours from Monday to Friday, 8am-6pm. Please note that additional charges may apply for 24/7 service for non-emergencies. We reserve the right to limit or restrict access to the 24/7 service for customers who misuse it. Please contact customer service for more information on our service terms and fees.
Legal disclaimer
As an faciliator, HorseLift is not responsible for the transport or logistics services provided by the independent service provider.
HORSELIFT IS THEREFORE NOT LIABLE FOR ANY DAMAGES, INCLUDING FINES OR CLAIMS FOR DAMAGES BY THIRD PARTIES OR LOSSES THAT YOU MAY INCUR AS A RESULT OF: CONTRACTS OR RELATIONSHIPS BETWEEN YOU AND AN INDEPENDENT SERVICE PROVIDER. THIS ALSO APPLIES TO ITEMS SUCH AS ANY EQUIPMENT THAT IS SHIPPED AS AN ADDITIONAL SERVICE. HORSELIFT ALSO MAKES NO ASSERTIONS AND MAKES NO WARRANTIES REGARDING THE QUALITY, SUITABILITY, SAFETY AND ABILITY, PUNCTUALITY AND RELIABILITY OF INDEPENDENT SERVICE PROVIDERS.
Limitation of liability
HorseLift and companies affiliated with HorseLift shall be liable for any damage resulting from the use or the nature of the agency services if HorseLift, companies affiliated with HorseLift, their representatives or vicarious agents have caused such damage intentionally or through gross negligence. In the event of simple negligence on the part of HorseLift, the companies affiliated with HorseLift, their representatives or vicarious agents, HorseLift and the companies affiliated with HorseLift shall only be liable in the event of a violation of a fundamental contractual obligation and only for typical contractual damage foreseeable at the time the contract was concluded.
Fundamental contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the user may regularly rely.
The limitations of liability do not apply within the scope of guarantees assumed, for injuries to life, body and health and for claims under the product liability act.
FOR THE AVOIDANCE OF DOUBT: HORSELIFT IS NOT LIABLE FOR DELAY IN PERFORMANCE OR PERFORMANCE FAILURE FOR REASONS BEYOND HORSELIFT'S CONTROL. THIS DOES NOT AFFECT POSSIBLE RIGHTS OF WITHDRAWAL.
Any limitations of liability provided in this contract shall not apply to culpable injury to life, body or health, to liability under the product liability act or within the scope of guarantees given.
Indemnification
You agree to indemnify and hold HorseLift and its officers, directors, employees and contractors harmless from and against all claims, demands, losses, liabilities and costs (including legal fees) arising out of or in connection with the following: (i) a culpable violation of the terms and conditions or a culpable breach thereof; or (ii) the culpable infringement of any rights of third parties, including third party service providers and independent service providers on your part.
Governing law
Unless otherwise provided in this contract, this contract shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of laws provisions.
The Vienna Convention on the International Sale of Goods of 1980 (English abbreviation: CISG) shall not apply.
Further provisions
Notifications
HorseLift may send notifications in the following ways: generally by means of the applications, personally to your e-mail address linked to your account, or by mail to the address indicated in your account. You may send mail to: HorseLift, Erkrather Straße 365, 40231 Düsseldorf, Germany.
General
You may not assign or transfer any rights under this contract either completely or partially without the prior written consent of HorseLift. You agree that HorseLift is entitled to assign or transfer rights under this agreement in whole or in part, in particular to (i) HorseLift's subsidiaries or affiliates; (ii) an acquirer of HorseLift's stock, business or assets; or (iii) HorseLift's successors in title as a result of a merger. There is no joint venture, partnership, employment or agency relationship between you, HorseLift and the independent service providers on the basis of this contract or use of the agency services. If any provision of these Terms is held to be illegal, invalid or unenforceable in any jurisdiction, in whole or in part, such provision or portion thereof shall be deemed null and void with respect to these terms and shall not affect the legality, validity and enforceability of the remaining provisions of these terms.
In such case, the parties shall replace the illegal, invalid or unenforceable provision or the affected part thereof with a lawful, valid and enforceable provision that comes as close as possible to the content and purpose of the illegal, invalid or unenforceable provision or part thereof.
These terms and conditions constitute the entire agreement concluded between the parties concerning the subject matter of the contract and replace all contracts or agreements concluded previously or simultaneously concerning the subject matter of the contract.
In these terms and conditions, the terms "including" or "below" and "include" mean "specifically" or "including also".