Terms and Conditions for User | Cavago Chat on WhatsApp

Terms and Conditions for Users

Last Updated: 07 February 2020

Cavago Pte. Ltd. (“Cavago, we or us”) maintains the Cavago website (“Website”), smart device application and all associated online services (collectively, the “Cavago Platform”).

The following are the terms and conditions that govern the access to and use of the Cavago Platform ("Terms") for registered users (“Members or you”) who seek to book equine services (“Services”) listed on the Platform (“Guests” or “Users”) by other Members ( “Hosts” or “Service Providers” and such listings referred to as “Listings”) ("User Terms"). By consenting to these User Terms, you also expressly agree to the prevailing Cavago policies (including our Privacy and Cookies Policy) as amended or implemented from time to time (“Policies”). The prevailing Policies can be found on the Cavago Platform.

In addition, you acknowledge that you alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your use of the Cavago Platform and booking of Services.

Any and all payment processing services through or in connection with your use of the Cavago Platform shall be governed by the Payment, Refund and Cancellation Policy.

Cavago reserves the right to modify these User Terms at any time. If we make changes to these User Terms, we will post the revised User Terms on the Cavago Platform and update the “Last Updated” date at the top of these User Terms.

1. The Cavago Platform

1.1 As the provider of the Platform, Cavago does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Services, nor is Cavago an organiser or retailer of travel packages under Directive (EU) 2015/2302. Service Providers alone are responsible for their Listings and Services. When Members make or accept a booking, they are entering into a contract directly with each other. Cavago is not and does not become a party to or other participant in any contractual relationship between Members, nor is Cavago a real estate broker or insurer. Cavago is not acting as an agent in any capacity for any Member.

1.2 Cavago has no control over, and does not verify, guarantee or make any representation or warranty in relation to (i) the existence, quality, safety, suitability, or legality of any Listings or Services, (ii) the truth or accuracy of any Listing descriptions, ratings, reviews, or other Content (as defined below), or (iii) the performance or conduct of any Member or third party. Cavago does not endorse any Member, Listing or Services or assume any responsibility for the confirmation of any Member’s identity.

1.3 Cavago does guarantee the continuous and uninterrupted availability and accessibility of the Cavago Platform. Without notice or compensation to you, Cavago may in its discretion restrict the availability of the Cavago Platform or certain areas or features thereof. Cavago may improve, enhance and modify the Cavago Platform and introduce new online services from time to time.

1.4 Cavago reserves the right to discontinue or suspend any or all of our Website services and to stop or suspend publishing our Website, at any time in our sole discretion without notice, explanation or compensation to you.

2. Account Registration

2.1 You must register an account ("Cavago Account") to access and use certain features of the Cavago Platform, such as booking a Listing. If you are registering a Cavago Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

2.2 You must be, and represent and warrant that you are, at least 18 years old and able to enter into legally binding contracts to register a Cavago Account.

2.3 You must provide accurate, current and complete information during the registration process and keep your Cavago Account and public Cavago Account profile page information up-to-date at all times.

2.4 You may not register more than one (1) Cavago Account. You may not assign or otherwise transfer your Cavago Account to another party.

2.5 You must keep your password confidential and notify us in writing immediately if you become aware of any disclosure of your password. You are liable for any and all activities conducted through your Cavago Account. Cavago shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to keep your password confidential.

3. Content

3.1 License

3.1.1 In these User Terms, “Your Content” means all works and materials (including but not limited to text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit on or through the Cavago Platform. By making Your Content available, you grant to Cavago a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to exploit Your Content in any manner to promote the Cavago Platform, in any media or platform.

3.1.2 The Cavago Platform and any content Cavago itself makes available on or through the Cavago Platform, including any content licensed or authorised for use by or through Cavago from a third party (“Cavago Content” and together with Your Content, "Content" ), including all associated intellectual property rights, are the exclusive property of Cavago and/or its licensors or authorizing third-parties. All trademarks, service marks, logos, trade names, and any other source identifiers of Cavago used on or in connection with the Cavago Platform and Cavago Content are trademarks of Cavago.

3.1.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Cavago Platform or Content, except to the extent you are the legal owner of certain of Your Content or as expressly permitted in these User Terms. No licenses or rights are granted to you under any intellectual property rights owned or controlled by Cavago or its licensors, except for the licenses and rights expressly granted in these User Terms.

3.2 Rules

3.2.1 You are solely responsible for Your Content. You represent and warrant that: (i) you are the owner of all Your Content and/or you have all rights, licenses, consents and releases that are necessary to grant to Cavago the rights in and to Your Content, as contemplated under these User Terms; and (ii) neither Your Content nor your posting, uploading, publication, submission or transmittal of Your Content or Cavago's use of Your Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

3.2.2 You will not upload, publish, submit or transmit any content that: (i) is fraudulent, false, misleading or deceptive; (ii) is defamatory, obscene, pornographic, vulgar, blasphemous or offensive; (iii) promotes discrimination, bigotry, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any Policies. Cavago may, without prior notice, remove or disable access to Your Content that Cavago finds to be in violation of these User Terms or any Policies, or otherwise may be harmful or objectionable to Cavago, its Members or third parties.

4. Terms specific for Users

4.1 Terms applicable to all bookings

4.1.1 Subject to meeting any requirements set by Cavago and/or the Service Provider, you can book a Listing available on the Cavago Platform by following the respective booking process. You agree to pay the total fees (save for the Security Deposit (if applicable) which is payable upon your arrival at the Facility) for any booking requested from your Cavago Account.

4.1.2 Upon receipt of a booking confirmation from Cavago, a legally binding agreement is formed between you and the Service Provider, subject to any additional terms and conditions of the Service Provider that apply, including the Payment, Refund and Cancellation Policy and any rules and restrictions specified in the Listing. Cavago will collect the total fees from the User upon the Service Provider’s confirmation of the booking. In the event of conflict between the terms and conditions included in a Listing on one hand and our terms and Policies on the other, our terms and Policies shall prevail.

4.1.3 If you book a Service on behalf of others, you are required to ensure that each other person meets the requirements set by the Service Provider, and is made aware of and agrees to these User Terms and any terms and conditions, rules and restrictions set by the Service Provider. If you are booking for a person who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor. Minors may only participate in an activity in equestrian disciplines (such as dressage, jumping and polo) ( “Riding Activity”) if accompanied by an adult who is responsible for them.

4.2 Booking Facilities

4.2.1 Services may include over-night accommodation at equine facilities ( "Facilities"). During your stay at any Facilities, you agree to follow the precise instructions of the Host regarding access to the stables and the horses.

4.2.2 You agree to leave the Facility no later than the checkout time that the Host specifies in the Listing or such other mutually agreed time. If you stay past such checkout time without the Host's consent ( “Overstay”), the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twentyfour (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay, you authorise Cavago to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay but shall be arranged at the Facility.

4.3 Booking Riding Activities

4.3.1 You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Riding Activity.

4.3.2 Before and during a Riding Activity you must at all times adhere to the Service Providers’ instructions, including any requirements for participation.

4.3.3 You may not bring others to a Riding Activity, unless such person was expressly identified by you during the booking process on the Cavago Platform.

4.4 Booking other equestrian services

4.4.1 You shall specify the precise location where you want the Services to be provided. Any change of such location shall be considered a Booking Modification (as defined hereafter).

5. Booking Modifications, Cancellations and Refunds

5.1 Users are responsible for modifications they make to a booking ( "Booking Modifications") and shall pay any additional fees associated with such Booking Modifications.

5.2 Users can cancel a confirmed booking pursuant to the Listing’s Cancellation Policy, and Cavago will refund the amount due to the User in accordance with such Cancellation Policy.

5.3 If a Service Provider cancels a confirmed booking, the User will receive a full refund of the total fees for such booking within a reasonable time of the cancellation. In some instances, Cavago may allow the User to apply the refund to a new booking, in which case Cavago will credit the amount against the User’s subsequent booking at the User’s direction.

5.4 If inclement weather causes any Riding Activity to be unsafe or uncomfortable, Service Providers may modify or cancel a Service. If there is a substantial change in the itinerary or the Service needs to be cancelled, Cavago will work with the Service Provider and/or Users to provide Users an alternative date for the Service, an appropriate refund or a rebooking.

5.5 Cavago shall be entitled, in its sole discretion, to cancel a confirmed booking and make appropriate refund and payout decisions if it deems so necessary or appropriate.

5.6 If a User raises issue with your Services, Cavago may determine in its discretion to refund part or all of the fees paid in accordance with the Payment, Refund and Cancellation Policy.

6. Ratings and Reviews

6.1 Within a certain timeframe after completing a booking, Users and Service Providers can leave a public review ( “Review”) and submit a heart rating ( “Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect Cavago's opinion. Ratings and Reviews are not verified by Cavago and may be incorrect or misleading.

6.2 You must ensure that the Ratings and Reviews given by you are accurate and are not offensive or defamatory. You shall not manipulate the Ratings and Reviews system in any manner, such as instructing a third party to write a Review about another Member.

7. Damage to Facilities, Disputes between Members

7.1 As a Guest or User, you are responsible for leaving the Facility (including any personal or other property or equipment located at the Facility) in the condition it was in when you arrived. You are responsible for the acts and omissions of yourself and the individuals whom you invite to, or otherwise provide access to, the Facility.

7.2 Any damage claims shall be settled directly between you and the Service Provider

8. Acceptable Use

8.1 You are solely responsible for compliance with any and all laws, rules, regulations that may apply to your use of the Cavago Platform. In connection with your use of the Cavago Platform, you will not and will not assist or enable others to:

8.2 Cavago has no obligation to monitor the access to or use of the Cavago Platform by any Member or to review, disable access to, or edit any of Your Content, but has the right to do so to (i) operate, secure and improve the Cavago Platform; (ii) ensure Members’ compliance with any terms or Policies; (iii) comply with applicable law or order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Your Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these User Terms. Members agree to cooperate with and assist Cavago in good faith, and to provide Cavago with such information and take such actions as Cavago may reasonably request with respect to any investigation regarding the use or abuse of the Cavago Platform.

9. Term and Termination, Suspension and other Measures

9.1 You may terminate your Cavago Account at any time by sending us an email. Upon termination, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Payment, Refund and Cancellation Policy. For the avoidance of doubt, Cavago may immediately remove from the Cavago Platform your profile, all content uploaded by you upon the termination of your Cavago Account.

9.2 Without limiting our rights below, Cavago may terminate your Cavago Account for convenience at any time by giving you thirty (30) days' notice via email to your email address.

9.3 Cavago may immediately, without notice, terminate your Cavago Account and/or stop providing access to the Cavago Platform if (i) you have materially breached your obligations under these User Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Cavago believes in good faith that such action is reasonably necessary to protect the interests (whether reputational or otherwise), personal safety or property of Cavago, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).

9.4 In addition, Cavago may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these User Terms, our Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information to Cavago or on the Cavago Platform, (iv) you and/or your Listings or Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Cavago otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Cavago believes that such action is reasonably necessary to protect the personal safety or property of Cavago, its Members, or third parties, or to prevent fraud or other illegal activity:

9.5 When your Cavago Account has been terminated, you are not entitled to a restoration of your Cavago Account or any of Your Content. If your access to or use of the Cavago Platform has been limited or your Cavago Account has been suspended or this Agreement has been terminated by us, you may not register a new Cavago Account or access and use the Cavago Platform through a Cavago Account of another Member.

9.6 If you or we terminate your Cavago Account, the clauses of these User Terms that reasonably should survive termination will remain in effect.

10. Disclaimers and Limitation of Liability

10.1 If you choose to use the Cavago Platform or Content, you do so voluntarily and at your sole risk. The Cavago Platform and Content is provided “as is”, without warranty of any kind, either express or implied.

10.2 You agree that participating in any Services may carry inherent risk, and by participating in such Services, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your participation in a Service. If you are bringing a minor as an additional Guest/User, you are solely responsible for the supervision of that minor throughout the duration of the Service and to the maximum extent permitted by law, you agree to release and hold harmless Cavago from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Service or in any way related to your Service.

10.3 Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Cavago Platform, booking of any Listing, participation in any Service and any interaction you have with other Members remains with you. Neither Cavago nor any other party involved in creating, producing, or delivering the Cavago Platform or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these User Terms, (ii) from the use of or inability to use the Cavago Platform or Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Cavago Platform, or (iv) from your booking of a Listing, including the use of a Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Cavago has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Cavago’s aggregate liability arising out of or in connection with these User Terms and your use of the Cavago Platform exceed the amounts you have paid or owe for bookings via the Cavago Platform in the twelve (12) month period prior to the event giving rise to the liability. In any case, Cavago's liability for any reason shall be limited to the typically occurring foreseeable damage. Any additional liability of Cavago is excluded.

11. General Provisions

11.1 You agree to release, defend (at Cavago’s option), indemnify, and hold Cavago and its affiliates and subsidiaries, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these User Terms or our Policies (ii) your improper use of the Cavago Platform or any Services, (iii) your interaction with any Member, use of any Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, or (iv) your breach of any laws, regulations or third party rights.

11.2 Singapore law shall govern the use of the Website and the User Terms, without regards to conflict of laws principals. Any dispute arising out of or in connection with these User Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this paragraph. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.

11.3 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards published by Cavago, these User Terms constitute the entire agreement between Cavago and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Cavago and you in relation to the access to and use of the Cavago Platform.

11.4 No joint venture, partnership, employment, or agency relationship exists between you and Cavago as a result of this agreement or your use of the Cavago Platform.

11.5 A person who is not Cavago or a Member shall have no right under the Contracts (Right of Third Parties) Act (Cap. 53B) of Singapore to enforce any of these User Terms

11.6 If any provision of these User Terms is held to be invalid or unenforceable, such provision will be struck off and will not affect the validity and enforceability of the remaining provisions.

11.7 Cavago’s failure to enforce any right or provision in these User Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these User Terms, the exercise by either party of any of its remedies under these User Terms will be without prejudice to its other remedies under these User Terms or otherwise permitted under law.

11.8 You may not assign, transfer or delegate this agreement and your rights and obligations hereunder without Cavago's prior written consent. Cavago may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days' prior notice.

11.9 Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Cavago via email. You consent to service of process out of any court (where applicable) by the same being left at your address indicated on the Cavago Platform (or sent by registered mail to this address), or by email to your email address indicated on the Cavago Platform. You so consent regardless of whether or not personal service is required or otherwise. Where service of process is sent by registered mail, the service shall be deemed to be made in the absence of any evidence to the contrary by the third day. Nothing in this paragraph shall affect Cavago's right to serve legal process in any other manner permitted by law.

11.10 These User Terms may be agreed to by way of electronic signing and/or other electronic method. You may agree to these User Terms by signing it (whether electronically or otherwise) or otherwise by indicating your consent on the Cavago Platform or by email and it shall be as valid and effectual as if executed as an original.