Terms and conditions for ClipMyHorse.TV Auctions
The service “ClipMyHorse.TV Auctions” is offered over the internet in the form of Software-as-a-Service by the company ClipMyHorse.TV Auctions BV. The use of ClipMyHorse.TV Auctions is subject to the below terms and conditions. Using ClipMyHorse.TV Auctions constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by ClipMyHorse.TV Auctions BV.
Article 1. Use of the service
1.1. With ClipMyHorse.TV Auctions, you can make your horse auction online accessible for bidders.
1.2. To use ClipMyHorse.TV Auctions, you must complete and sign the application form and return this on paper or digitally to ClipMyHorse.TV Auctions BV. Follow the instructions on the site.
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. ClipMyHorse.TV Auctions BV may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified ClipMyHorse.TV Auctions BV that someone else knows your password.
1.4. ClipMyHorse.TV Auctions processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of ClipMyHorse.TV Auctions BV for more information.
2.1. It is not permitted to use ClipMyHorse.TV Auctions for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
2.2. Should ClipMyHorse.TV Auctions BV discover that you violate any of the above, or receive a complaint alleging the same, then ClipMyHorse.TV Auctions BV may intervene to end the violation.
2.3. If in the opinion of ClipMyHorse.TV Auctions BV the continued functioning of the computer systems or network of ClipMyHorse.TV Auctions BV or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e‑mail or other data, leaks of personal data or virus activity, ClipMyHorse.TV Auctions BV may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.4. ClipMyHorse.TV Auctions BV is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
Article 3. Availability and maintenance
3.1. ClipMyHorse.TV Auctions BV guarantees availability of the service 99,9% of the time.
3.2. ClipMyHorse.TV Auctions BV actively maintains ClipMyHorse.TV Auctions. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3. ClipMyHorse.TV Auctions BV may from time to time adapt ClipMyHorse.TV Auctions. Your feedback and suggestions are welcome but ultimately ClipMyHorse.TV Auctions BV decides which adaptations to carry out (or not).
Article 4. Intellectual property
4.1. The service ClipMyHorse.TV Auctions and the accompanying software is the intellectual property of ClipMyHorse.TV Auctions BV. None of these items may be copied or used without prior written permission of ClipMyHorse.TV Auctions BV, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). ClipMyHorse.TV Auctions BV receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to ClipMyHorse.TV Auctions BV, for example a bug report or suggestion for improvement, you grant ClipMyHorse.TV Auctions BV a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. ClipMyHorse.TV Auctions BV shall refrain from accessing data you store or transfer using ClipMyHorse.TV Auctions, unless this is necessary for a good provision of the service or ClipMyHorse.TV Auctions BV is forced to do so by law or order of competent authority. In these cases ClipMyHorse.TV Auctions BV shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the service
5.1. The use of certain functions of ClipMyHorse.TV Auctions is subject to fees. The functions in question will inform you of the fees. The fee is due every 14 days and is charged upon expiry of each applicable period.
5.2. Payment is possible by making a wire transfer to the account of ClipMyHorse.TV Auctions BV, or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Article 6. Limitation of liability
6.1. Except in case of intentional misconduct or gross negligence the liability of ClipMyHorse.TV Auctions BV shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. ClipMyHorse.TV Auctions BV in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to ClipMyHorse.TV Auctions BV at most two months after discovery.
6.4. In case of force majeure ClipMyHorse.TV Auctions BV is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1. This agreement enters into force as soon as you first use the service and then remains in force for a year.
7.2. After this period the agreement is silently renewed with successive terms of the same period. If you entered into this agreement as a consumer, you may after the first silent renewal terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement by the end of the term indicated in the previous clause with a notice period of two months.
7.3. ClipMyHorse.TV Auctions BV is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event ClipMyHorse.TV Auctions BV shall first send a reminder mail to the e‑mail address connected to your account.
7.4. You can export the you store or process using the service at any time through the service interface.
Article 8. Changes to terms
8.1. ClipMyHorse.TV Auctions BV may change or add to these terms and conditions as well as any prices at any time.
8.2. ClipMyHorse.TV Auctions BV shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of ClipMyHorse.TV Auctions after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with ClipMyHorse.TV Auctions shall be brought before the competent Dutch court for the principal place of business of ClipMyHorse.TV Auctions BV.
9.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e‑mail or communication through the ClipMyHorse.TV Auctions service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by ClipMyHorse.TV Auctions BV shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. ClipMyHorse.TV Auctions BV is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of ClipMyHorse.TV Auctions or the associated business activities.