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 (
“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
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.
3.1.1 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" ),
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.
3.2.1 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:
- Use the Cavago Platform or content for any commercial or other purposes that are not
expressly permitted by these User Terms or in a manner that falsely implies Cavago
endorsement, partnership or affiliation;
- Copy, store or otherwise access or use any information, including personally
identifiable information about any other Member, contained on the Cavago Platform in
any way that is inconsistent with Cavago’s Privacy and Cookies Policy or these User
Terms or that otherwise violates the privacy rights of Members or third parties;
- Use the Cavago Platform in connection with the distribution of spam;
- Contact another Member for any purpose other than asking a question related to your
own booking or the Member's use of the Cavago Platform, including, but not limited to,
recruiting or otherwise soliciting any Member to join third-party services, applications
or websites, without our prior written approval;
- Use the Cavago Platform to request or make a booking outside of the Cavago Platform;
- Make any payment for Listing Fees outside of the Cavago Platform. If you do so, you
acknowledge and agree that you: (i) would be in breach of these User Terms; (ii)
accept all risks and responsibility for such payment, and (iii) hold Cavago harmless
from any liability for such payment;
- Discriminate against or harass anyone based on race, national origin, religion, gender,
gender identity, disability, medical condition, marital status, age or sexual orientation,
or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
- Misuse or abuse any Listings or services associated with Cavago or use, display,
mirror or frame the Cavago Platform or Content, or any individual element within the
Cavago Platform, Cavago's name, any Cavago trademark, logo or other proprietary
information, or the layout and design of any page or form contained on a page in the
Cavago Platform, without Cavago's express written consent;
- Harm the Cavago brand in any way, including through unauthorised use of Content,
registering and/or using Cavago or derivative terms in domain names, trade names,
trademarks or other source identifiers, or registering and/or using domains names,
trade names, trademarks or other source identifiers that are confusingly similar to
Cavago domains, trademarks, taglines, promotional campaigns or Content;
- Use any automated means or processes to access, collect data or other content from
or otherwise interact with the Cavago Platform for any purpose;
- Avoid, remove, deactivate, impair or otherwise attempt to circumvent any technological
measure implemented by Cavago or any third party to protect the Cavago Platform;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software
used to provide the Cavago Platform;
- Take any action that damages or adversely affects, or could damage or adversely affect
the performance or proper functioning of the Cavago Platform;
- Violate or infringe anyone else’s rights or otherwise cause harm to anyone;
- Breach or circumvent any applicable laws or regulations, agreements with third-parties,
third-party rights, or our User Terms or Policies.
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:
- Refuse to surface, delete or delay any Listings, Ratings, Reviews, or any other Content;
- Cancel any pending or confirmed bookings;
- Limit your access to or use of the Cavago Platform;
- Suspend your Cavago Account and stop providing access to the Cavago Platform.
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
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.