TERMS AND CONDITIONS
SMART HORSE TECHNOLOGIES BV LOYALTY REWARDS PROGRAM
ARTICLE 1
GENERAL
This program is still in the testing phase. These terms and conditions are subject to change and no rights can be derived from them.
1.1 OVERVIEW
The SMART HORSE TECHNOLOGIES BV LOYALTY REWARDS PROGRAM named EQ|club (the “Program”) is a loyalty reward program offered by SMART HORSE TECHNOLOGIES BV (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible through www.equestic.com/eqclub (the “Program page”).
The Program allows persons who have completed the membership enrolment steps (a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect points when achieving results or challenges identified from time to time by the Company (“Eligible Actions”), and to redeem these points for rewards, benefits and/or rebates offered by the Company from time to time. Within the program points are referred to as EQ|strides.
Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.
1.2 TERMS AND CONDITIONS
The terms and conditions set forth herein (the “Terms & Conditions”, and together with any terms set forth on the Program Page and any other terms accessible through the foregoing, collectively the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. If the Program Terms have been updated, the Company will post the new Program Terms on the Program Page and note the date that they were last updated, and no change will be effective until such change has been posted for at least ten (10) days. We encourage Members to review the Program Terms each time they use the Program.
1.3 ACCEPTANCE
By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions.
ARTICLE 2
PROGRAM MEMBERSHIP
2.1 MEMBERSHIP ENROLLMENT
Membership is free for all Equestic SaddleClip users meeting the following criteria:
- Be a registered user of the Equestic SaddleClip Application
- Have an active Pro/x subscription (or it’s preceding Advanced/x subscription) for the Equestic SaddleClip Application
- Record at least 25 individual Valid Rides during the past 6 months of using the Equestic App. A Valid Ride is a ride that has at least 15 minutes of data, at least some walk and trot data in the ride and has valid rhythm and elevation analysis results
- Accepted the Equestic Club Terms and Conditions and subscribed to the Program
Once a user meets these requirements, they will be invited to join the program.
To become a valid Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms. After completion, you will receive a rewards member code (“Member Code”). This code is unique for each member and also serves as a discount coupon code for buying an Equestic SaddleClip on the company’s website and can be shared with anyone.
2.2 ENROLLMENT
In order to enroll in the Program, you will have to complete the registration and your membership will be linked to your Equestic App Account username and email address.
If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will never share you account information with a third party without your consent.
2.3 SUSPENSION RIGHTS; CAPACITY
If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the points in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.
Unless further restricted elsewhere in the Program Terms, Membership is only available to individuals above the age of majority and who have legal capacity, and corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorized such Membership. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed.
2.4 CHANGE IN INFORMATION
Program Members are responsible to advise the Company immediately of any change to their address or other contact information. The Company will not be responsible for any communication not received by a Program Member, provided that the Company sent such communication to the address or other contact information then on file from such Program Member.
2.5 INACTIVE ACCOUNTS
A Program Member Account is deemed to be inactive if points are not earned in connection with such Account for 2 years. Once an Account is deemed to be inactive, all points in such Account may, in the Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice.
2.6 ACCOUNT CLOSURE
Points are reduced to zero upon closure of a Membership.
2.7 SECURITY
If a Member’s Equestic Account is used by any other person, all points earned related to that use will be credited to the Member’s Account.
Redeeming points requires a code that will be emailed to the member upon request to the email address as used for the Equestic App Account. The Company assumes no liability or responsibility for points redeemed by any person(s) prior to a notification to the Company’s Customer Service Centre that the Member’s email account has been compromised. Any points redeemed prior to notification shall be at the Member’s risk.
ARTICLE 3
REWARD POINTS
3.1 COLLECTION; REDEMPTION
Points can be earned by Program Members
- with achievements based on ride information in the Equestic App,
- completing Challenges set by the company that can require actions not related to the Equestic App or use of the Equestic products,
- having a sale of the Equestic SaddleClip been made by anyone using the member’s Member Code as discount coupon
Points can be redeemed for rewards. When enough points have been accumulated to obtain the reward(s) desired, redemption is possible through the Program Page. The redemption schedule, available rewards and other information is available through the Program Page.
A Member must provide his/her email address as used for his/her Equestic App Account to be sent a unique code for redeeming points to protect the integrity of the Member’s points balance. Each Member is responsible to ensure that all Personal Information is correct and up-to-date and the Company reserves the right to block redemptions where the Member information is inaccurate or incomplete. Members are solely and entirely responsible for keeping their Account secure.
3.2 VALUE
Points have no cash value and are not exchangeable for cash. The accumulation of points does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which points can be collected and/or redeemed.
3.3 TRANSFERABILITY
Points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold.
3.4 RETURN/EXCHANGE POLICY
In the event of a return/exchange of any eligible Equestic SaddleClip purchase that initially earned points (using the member’s Member Code) such points will be deducted automatically from the Account that was used for the eligible purchase. Points will be deducted at the same rate as they were earned.
Upon the return and/or exchange of products awarded through the redemption of points, all redeemed points will be forfeited.
3.5 PROMOTION
From time to time, the Company may advertise or offer exclusive offers to select Members to redeem points for items other than the benefits listed on the Program Page.
ARTICLE 4
PRIVACY
4.1 CONFIDENTIAL INFORMATION
We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, account number and purchasing information (“Personal Information”).
You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Equestic Account.
4.2 UNSUBSCRIBE
By registering as a Program Member, we may communicate to you special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by contacting the program manager (eqclub@equestic.com) or customer service (service@equestic.com), or by clicking unsubscribe at the bottom of any promotional email.
ARTICLE 5
GENERAL
5.1 ACCEPTANCE
By enrolling in the Program, each Member
- certifies that he or she is over the age of majority in the province in which he or she resides (or is supervised by a parent or legal guardian who agrees to the Program Terms) and of mental capacity (or is supervised by a legal guardian who agrees to the Program Terms),
- consents to the company’s collection and use of certain personal information, except as he or she may otherwise notify the Company and
- agrees to the Program Terms, as they may be amended from time to time.
5.2 OTHER TERMS
These Terms & Conditions are in addition to any other Program Terms and General Terms and Conditions as published on the companies website and accessible through the Program Page, and shall be read together with such other Terms as one and the same instrument.
If there is a conflict between any terms set forth in these terms and conditions, the Program Page and/or any other Program Terms, such conflict shall be resolved as follows:
- first, the general company Terms and Conditions,
- thereafter the Program Page shall prevail,
- thereafter these Terms & Conditions,
- and finally any other published Program Terms.
For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms & Conditions.
5.3 ABUSE
Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms and Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated points.
5.4 WAIVER
Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on its website.
Any waiver by the Company of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of the Company as a result of any other failure to observe, perform or comply with the Terms and Conditions.
No delay or omission by the Company in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
5.5 CONTACT
If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: eqclub@equestic.com.
5.6 JURISDICTION/GOVERNING LAW
This Agreement shall be construed and enforced in accordance with the laws of The Netherlands, Any action brought under, pursuant to, or in connection with this Agreement shall be brought to the competent court in the district where the Company has its registered office.
5.7 DISPUTE RESOLUTION
SMART HORSE TECHNOLOGIES BV may elect to resolve any controversy or claim arising out of or relating to these Terms and Conditions, the Program, the Program Page, and any other Program Terms or claims relating thereto in accordance with the general terms and conditions of the company as published on https://www.equestic.com/terms_and_conditions/
This program is still in the testing phase. These terms and conditions are subject to change and no rights can be derived from them.
