e-quine ACADEMY USER TERMS AND CONDITIONS
These terms and conditions of service govern the contractual relationship between users (hereinafter, the “Users”) who choose to use the website at the URL https://e-quine.net/ (hereinafter, the “Website”), and the owner of said Website [451 Digital Services SAS], CUIT [30716297302], domiciled at [San Martín 1686 Piso 3 Apt.: D – Río Cuarto, Córdoba], whose details and definition are established in the fifteenth clause hereof (hereinafter “e-quine ACADEMY“, and together with the Users, the “Parties” and/or the “Party“). Users shall be subject to the respective General Terms and Conditions, along with all other policies and principles governing e-quine ACADEMY, which are incorporated herein by reference.
ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, SHOULD REFRAIN FROM USING THE WEBSITE.
The User must read, understand, and accept all the conditions established in the General Terms and Conditions and the Privacy Policies.
By accepting these Terms and Conditions, Users declare that they are over 18 (eighteen) years of age.
e-quine ACADEMY provides a Website to offer the User a world-class educational platform for the diagnosis and development of specific skills for the equine sector (hereinafter, the “Service”).
CLAUSE ONE: Registration Form
1.1. To access the contents of the Website and the Service, the interested party must complete all fields of the registration form with valid data and verify that the information provided to e-quine ACADEMY is accurate, precise, and true (hereinafter, “Registration“). E-quine ACADEMY may use various means to validate the identity of Users.
At the time of Registration, the User will have the option to register under a single profile according to the following options: student, teacher, or professional. The selected profile will allow the User to use different features within the Website, as described in Clause Two hereof (hereinafter, “Profile Selection“).
1.2. Once Registration is complete, e-quine ACADEMY will send the User an email to activate their account. Once activated, e-quine ACADEMY will provide the User with a personal account to access the Website with the password selected by the User (hereinafter, the “Account“). The User may access their Account by entering their email address or through a User account, provided they use the registration method mentioned in section 1.1. (i) and the chosen personal security code.
The Account is personal, unique, and non-transferable, and the same User is prohibited from registering or having more than one Account. If e-quine ACADEMY detects or reasonably believes that different Accounts contain matching or related data, it may cancel, suspend, or disable all or some of the related Accounts, without this implying any right to claim against any of the Users holding the Accounts.
The User will be solely responsible for maintaining their Account and for keeping their access codes protected. The User assumes full liability to e-quine ACADEMY and third parties for any damages or losses incurred as a result of the actions of the User, their dependents, or authorized or unauthorized third parties connected through the Account. The User must indemnify and hold e-quine ACADEMY harmless for any improper use thereof.
1.3. To become an e-quine ACADEMY User, the User must complete the Registration process, accept the Privacy Policy, and these Terms and Conditions.
1.4. e-quine ACADEMY reserves the right to request additional proof and/or information to verify personal data and to temporarily and/or permanently suspend the Service for any User whose data cannot be confirmed. The personal data provided by the User will be integrated into a personal database for which e-quine ACADEMY is responsible. For more information, see the Privacy Policy.
1.5. Competitors are prohibited from accessing the Service provided by e-quine ACADEMY without prior consent from e-quine ACADEMY. Competitors are also prohibited from accessing the Service provided by e-quine ACADEMY for the purpose of monitoring its performance or functionality, publishing it or making it accessible to any competitor or third party not governed by these terms and conditions, or for any other benchmarking or competitive purposes.
SECOND CLAUSE: General Conditions of Service
2.1. The e-quine ACADEMY Service consists of providing a Website, enabling Users to acquire new knowledge related to the equine sector through various audiovisual content, articles, and forums, as well as offering Users a network of contacts and communication between professionals and individuals linked to the equine sector.
To this end, e-quine ACADEMY has the following objectives:
To facilitate access to tools that assist with the acquisition of information and content related to the equine sector, such as, but not limited to, research, diagnosis, and treatment of certain animal diseases and/or information related to animal nutrition;
To provide Users with a space to share experiences, information, and best practices in a setting for professional exchange and consultation in the various Forums; To make available to Users standards, laws, guides, and scientific publications related to the equine sector; disseminate activities, training, and events of interest to Users.
2.2. In this regard, the Website will offer different sections that Users may use, which are detailed below:
Content Section: In this section, Users will have the opportunity to view the audiovisual content offered by e-quine ACADEMY (hereinafter, the “Content”) and any readings they consider relevant to the equine sector.
Likewise, Users will be able to view on their own profile the Content they are currently creating and its status, including whether it is pending or completed.
Community Section: Through this section, Users will have the opportunity to interact with other Users in various ways. Interaction may take place through:
Forums: In this Section, Users will be able to participate in a forum for the exchange of opinions and professional consultation with other Users, through which they will have the opportunity to generate interconsultations, share best practices, and experiences gained.
The topics established through this forum will be proposed by moderators assigned by e-quine ACADEMY.
Without prejudice to the foregoing, the User understands and accepts that they will be fully responsible for the information made available through the Website, holding e-quine ACADEMY harmless from any third-party claims in this regard. The User will only make available information for which they are authorized and which does not infringe the rights of third parties.
The User agrees to abide by the main guidelines of the e-quine ACADEMY forum, made available through the following link [https://e-quine.net/].
Groups: The groups belonging to the Website will be public groups, pertaining to the Courses offered by e-quine ACADEMY. That is, Users who have participated in the Courses may join different public groups in order to discuss the topics offered in said Courses.
Members: Through the Website, Users may view and contact other Users, and view the academic background, background, and current occupation of the Users they wish to contact. Users may contact other Users publicly or privately, according to their selection.
Users understand and agree to be contacted by other Users, always for the purposes indicated in these Terms and Conditions and within a framework of respect and collaboration.
Tutorials Section: Users may find certain tutorials related to the Website to gain the necessary knowledge for its use.
Articles Section: Users will be offered the opportunity to view and suggest relevant news from the equine sector (this will depend on the type of User or profile they have selected) (hereinafter, the “User Content“).
In order to incorporate User Content into the Website, Users may send their User Content to [info@e-quine.net], so that e-quine ACADEMY may decide whether or not to share it, without any right to claim on the part of the User. The User understands and accepts that by sharing User Content with e-quine ACADEMY, they grant non-exclusive authorization over said User Content for its incorporation into the Website and publication through it. For more information, please refer to Clause 2.3 of this document.
Likewise, in this Section, Users may find a repository of applicable laws and regulations, disease treatment guides, scientific publications, and research related to the sector.
Books Section: e-quine ACADEMY offers a section on its Website where it suggests specific books that will complement the Courses offered.
Contact Section: Finally, the User will have the opportunity to make any inquiries they deem necessary or relevant through the Website.
2.3. As mentioned above, the Profile Selection will be made by the User, and as a result, the Website’s functionality will vary depending on said selection. To this end, e-quine ACADEMY will explain the distinctions between each Profile Selection below:
Student: This profile will allow the User to view the Courses and acquire the content belonging to the Website and/or User Content, for the purpose of gaining knowledge related to the equine sector.
Instructor: This profile will allow the User to use said Courses and/or the content belonging to the Website and/or User Content to offer their own classes and/or courses to third-party students. Likewise, said User will have the option to incorporate their own content into the Website, as they see fit.
Professional: This profile will allow the User to use said Courses and/or the content belonging to the Website and/or User Content for themselves. Likewise, said User will have the option to incorporate their own content into the Website, as they see fit.
CLAUSE THIRD: Use of the Website.
3.1. e-quine ACADEMY will not be liable if the User does not have a communication or technological means compatible with the Website to access information.
3.2. The User agrees to make appropriate and lawful use of the Website in accordance with applicable law, these Terms and Conditions, generally accepted morality and good customs, and public order.
3.3. By using the Website or the Service, the User agrees that:
The User will not request the Service for illicit or illegal purposes, contrary to the provisions of these Terms and Conditions, good faith, and public order, or harmful to the rights and interests of third parties.
The User will not attempt to damage the Service or the Website in any way, nor access restricted resources on the Website.
The User will not use the Service or the Website with an incompatible or unauthorized device.
You will not introduce or spread computer viruses or any other physical or logical systems that may cause damage to the Website.
CLAUSE FOUR: Responsibility
4.1. e-quine ACADEMY only makes a Website available to Users to offer Courses and certain content and to establish a communication network between different Users who intend to acquire resources and information related to the equine sector. e-quine ACADEMY only offers the Service in accordance with the provisions of these Terms and Conditions. e-quine ACADEMY is merely an intermediary, providing information and contacts related to the subject matter, and will not be responsible for the resolution of individual cases, investigations, or treatments used by each User, even when they use the e-quine ACADEMY Service. The User understands and accepts that they use the Service and the information provided through the Website at their own risk and responsibility. The User understands and accepts that e-quine ACADEMY does not provide or offer advisory services; all Users must seek professional advice if required or needed.
4.2. e-quine ACADEMY only provides Users with a virtual space that allows them to obtain information related to the equine sector. e-quine ACADEMY does not intervene in the application of measures and/or solutions for treatments, cures, or other therapeutic methods for or related to animals, and therefore shall not be responsible for the existence, quality, quantity, condition, integrity, or legitimacy of the information and statements offered in the Courses and/or through User Content incorporated by other Users. Each User acknowledges and accepts that they are solely responsible for the User Content they publish and/or the relationships established with other Users.
The User understands that by creating User Content, the User Content may be defective and/or incompatible with the Website. Therefore, they shall be fully responsible for their User Content, without this generating any right to claim against e-quine ACADEMY.
By offering Courses, recommendations, and/or advice, the User agrees to take responsibility for what such content demonstrates and/or connotes. Likewise, the User will be fully responsible for adhering to and following the main guidelines developed through the following link [https://e-quine.net/]. In this regard, e-quine ACADEMY recommends acting with prudence, common sense, and in accordance with the code of ethics of the profession by which the User must abide.
Furthermore, the User agrees that, when contacting other Users, they will do so in compliance with the terms of these Terms and Conditions and other e-quine ACADEMY policies.
4.3. By virtue of the foregoing, Users guarantee that they will hold e-quine ACADEMY harmless at all times from any claim made by its employees and/or third parties regarding the ownership of the User Content, or any part thereof, and will be liable for all legal actions, whether administrative, judicial, or private settlement, including the expenses and costs incurred by e-quine ACADEMY in its defense, including but not limited to fees, taxes, duties, reasonable fees of attorneys, experts, and other intervening professionals, amounts for damages, fines, bonds, and any other emoluments that e-quine ACADEMY owes or should have paid as a result.
4.4. The User acknowledges and accepts that by using the e-quine ACADEMY Service, they do so at their own risk. Under no circumstances will e-quine ACADEMY be liable for lost profits or any other damages and/or losses that the User may have suffered due to the Service provided.
CLAUSE FIVE: Inclusion of User Content. Assignment of Image. Authorization to Use Third-Party Copyright and/or Intellectual Property.
5.1. By submitting the User Content to [info@e-quine.net], the User authorizes e-quine ACADEMY to use, publish, reproduce, and/or adapt the User Content through the e-quine ACADEMY Website for the purposes of providing the Service.
In particular, the User grants e-quine ACADEMY a free, irrevocable, non-exclusive, international, and unlimited license to publish, reproduce, and/or adapt the User Content for use on the Website, its social media channels, and/or in any mass and non-mass media, including, without limitation, platforms and any other digital or physical media that e-quine ACADEMY deems appropriate, or with any other platforms or websites with which e-quine ACADEMY has partnered.
5.2. The User represents and warrants that they are the owner or licensee of the necessary rights to the User Content and have the rights and authority necessary to grant the authorization detailed in this clause, and are solely responsible for any infringement of third-party rights.
5.3. e-quine ACADEMY may remove User Content if it deems, in its sole discretion, that it does not comply with applicable legal principles and/or the moral principles of e-quine ACADEMY and/or these Terms and Conditions.
5.4. Users agree to obtain the transfer of image rights from the corresponding individuals participating in the User Content, including, without limitation, their personal images, still or moving, used in the User Content (the “Transfer”). The e-quine ACADEMY User will take the necessary measures to draft the Transfer agreement and will be responsible for any contingency that e-quine ACADEMY may suffer as a result of the use of their image.
Users must ensure that the Assignment Agreement establishes the possibility of assigning said agreement to third parties, such as e-quine ACADEMY, and that it is done so in perpetuity and for the global territory and for the full fulfillment of the purposes included in these Terms and Conditions.
5.5. Likewise, Users must ensure and guarantee that the User Content generated through the Website does not infringe the rights of third parties. Any third-party claims regarding property rights, intellectual property rights, or any other applicable rights regarding the User Content will be the sole responsibility of the User, who must indemnify e-quine ACADEMY at all times with respect to such claims.
CLAUSE SIX: Prohibitions
6.1. Users may not: (i) insult or attack other Users; (ii) publish Content that creates false and/or erroneous statements and/or may lead to erroneous recommendations; (iii) publish User Content that is offensive to third parties; (iv) publish User Content unrelated to the equine sector; (v) publish information containing personal data of third parties, whether sensitive or not; (vi) use the Website for a purpose other than the Service it provides.
6.2. These types of activities will be investigated by e-quine ACADEMY, and the offending User may be sanctioned by having their Website Account suspended or canceled, without prejudice to any legal action that may be taken for the establishment of crimes or misdemeanors or the civil damages that may be caused to other users.
CLAUSE SEVEN: Sanctions. Suspension of Operations
7.1. Without prejudice to other measures, e-quine ACADEMY may issue a warning, temporarily or permanently suspend the User’s Account on the Website or a publication of User Content, or may apply a sanction that negatively impacts the User’s reputation, initiate any actions it deems appropriate, and/or suspend the provision of the Service if (a) any law or any of the provisions of these Terms and Conditions are violated; (b) the User fails to fulfill its commitments as a User; (c) if, in e-quine ACADEMY’s opinion, malicious or fraudulent conduct or acts are engaged in; (d) the User’s identity cannot be verified or any information provided by the User is found to be erroneous. In the event of a User’s suspension, whether temporary or permanent, all information and/or User Content published by the User will be removed.
CLAUSE EIGHT: Indemnity
8.1. The User shall indemnify e-quine ACADEMY, as well as its officers, directors, administrators, representatives, and employees, against any claim brought by other Registered Users, third parties, or any organization related to their activities on the Website, compliance with and/or non-compliance with these Terms and Conditions, as well as any violation of laws or third-party rights.
8.2. In the event that one or more Users or any third party initiates any type of claim or legal action against another User or users, each and every User involved in such claims or actions shall release e-quine ACADEMY and its officers, directors, administrators, representatives, and employees from all liability.
CLAUSE NINE: Independence of Parties
9.1. These Terms and Conditions do not create any type of partnership, agency, franchise, or employment relationship between e-quine ACADEMY and the User. The User acknowledges and accepts that e-quine ACADEMY is not a party to any transaction, nor does it have any control over the quality, security, or legality of the Content, nor its truthfulness or accuracy.
CLAUSE TEN: Use and Warranty of the Website.
10.1. e-quine ACADEMY does not guarantee the availability and continued operation of the Website. Consequently, e-quine ACADEMY shall not be liable under any circumstances for any damages that may arise from (i) the lack of availability or accessibility to the Website; (ii) interruptions in the operation of the Website or computer failures, telephone breakdowns, disconnections, delays, or blockages caused by deficiencies or overloads in telephone lines, data centers, communications systems, the Internet, or other electronic systems, occurring during their operation; and (iii) other damages that may be caused by third parties through unauthorized intrusions beyond the control of e-quine ACADEMY.
10.2. e-quine ACADEMY does not guarantee the absence of viruses or other elements on the Website introduced by third parties other than e-quine ACADEMY that may cause alterations to the User’s physical or logical systems or to the electronic documents and files stored on their systems. Consequently, e-quine ACADEMY shall not be liable under any circumstances for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations to the User’s physical or logical systems, electronic documents, or files.
10.3. e-quine ACADEMY adopts various protective measures to protect the Website and its contents against third-party cyberattacks. However, e-quine ACADEMY does not guarantee that unauthorized third parties cannot ascertain the conditions, characteristics, and circumstances under which the User accesses the Website. Consequently, e-quine ACADEMY shall not be liable under any circumstances for any damages that may arise from such unauthorized access to the Website.
10.4. By accepting these Terms and Conditions, the User declares that he or she will hold e-quine ACADEMY, its officers, directors, administrators, representatives, and employees harmless from any claim arising from (i) the User’s breach of any provision of these Terms and Conditions or any law or regulation applicable thereto; (ii) the User’s breach or violation of the rights of third parties, including, but not limited to, other Users; and (iii) the User’s failure to comply with the permitted use of the Website.
CLAUSE ELEVEN: Intellectual Property Rights
11.1. The User acknowledges and accepts that all intellectual and industrial property rights in the Website (including, without limitation, trademarks, logos, trade names, text, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio, and video) belong to e-quine ACADEMY.
11.2. e-quine ACADEMY authorizes the User, during the term of the Service, to use, view, print, download, and store the content and/or elements included in the Website exclusively for personal, private, and non-profit use, refraining from any decompilation, reverse engineering, modification, disclosure, or provision of said content. Any other use or exploitation of any content and/or other elements included in the Website other than those expressly provided for herein shall be subject to the prior authorization of e-quine ACADEMY.
CLAUSE TWELFTH: Confidentiality.
12.1. The Parties shall maintain strictly confidential and shall not divulge or reveal to any third party, in whole or in part, without the prior express written consent of the disclosing Party, any information, matters, or objects disclosed to them by either Party as being confidential, secret, or proprietary, such as trade secrets or policies, or any information that, given the circumstances of its disclosure, should be considered confidential (hereinafter “Confidential Information”). To this end, the Parties shall take all reasonable precautions to prevent its unauthorized dissemination or disclosure and shall refrain from sharing any or all such information with any third party for any reason whatsoever, except as required by court order. The duty of confidentiality includes, but is not limited to, all documents, whether handwritten or on magnetic media, verbal or written instructions or orders, that either Party has given to another Party or that come to its knowledge by virtue of the generation of Audiovisual Content.
THIRTEEN CLAUSE: Minors.
13.1. If you intend to upload User Content to the Website in which minors appear, the User agrees to do the following:
The User must obtain the consent of the minor’s parent or legal guardian, as applicable, prior to uploading the User Content. Furthermore, their participation must be completely voluntary;
Comply with all laws, rules, and regulations related to child labor;
The participation of minors must comply with applicable laws so that it does not interfere with their education and schooling;
The work environment must be safe for minors, and they must have sufficient time to rest, study, and play every day, and they must not work at night. Users must comply with local laws regarding working hours and limits on daily and weekly working hours.
FOURTEEN CLAUSE: Data Protection
14.1. The personal data provided by the User during registration will be integrated into a personal database managed by e-quine ACADEMY, the address of which appears in the heading of this document.
14.2. e-quine ACADEMY declares that the Users’ personal data will be used solely for the purpose of providing the Service as mentioned in Clause Two.
14.3. Users may exercise their rights to access, rectify, delete, and update their Personal Information, as well as to object to its processing, all in accordance with applicable regulations.
14.4. e-quine ACADEMY undertakes to ensure compliance with the provisions of applicable personal data protection laws, such as, but not limited to, Law 25,326 and Decree 1558/2001 of the Argentine Republic, of Users and/or any third party, as well as to guarantee the rights conferred by the aforementioned regulations.
CLAUSE FIFTEEN: Notifications
15.1. e-quine ACADEMY may provide appropriate notifications to the User through a general notification on the Website. The User may notify e-quine ACADEMY by sending an email to [info@e-quine.net].
SIXTEENTH CLAUSE: Assignment
16.1. The User may not assign their rights and obligations arising from these Terms and Conditions without the prior written consent of e-quine ACADEMY. e-quine ACADEMY may assign these Terms and Conditions, without the need to obtain the User’s prior consent, to any entity within its group of companies, worldwide, as well as to any person or entity that succeeds it in the exercise of its business by any title.
SEVENTEENTH CLAUSE: Applicable Law and Jurisdiction
17.1. These Terms and Conditions, as well as the relationship between e-quine ACADEMY and the User, shall be governed by and construed in accordance with the laws in force in the Argentine Republic. In the event of a dispute, the Parties agree to submit to the jurisdiction of the Ordinary Commercial Courts of the Autonomous City of Buenos Aires, waiving any other jurisdiction or venue.