Terms and conditions of use for the webapp jumpfax
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBAPP
OWNERSHIP AND INFORMATION ABOUT JUMPFAX
JUMPFAX is a website responsive to mobile phones (“Webapp”) owned and operated by
EQ3 Digital SA (“EQ3”).
EQ3 is a Swiss company and has its registered office at 6 rue Viollier 1207 Geneva.
The Webapp is a platform that aims at connecting international show jumping riders
(“Riders”), professionals from the equestrian sector such as horse owners, grooms,
trainers (“Professionals”) or any other person interested in the equestrian world
(“Others”, and together with Riders and Professionals, “Individual
User(s)”) with international show jumping events (“Show(s)”, and
together with the Individual User(s) the “User(s)”).
The Webapp provides Users with a wide range of services (“Services”) such as:
- A dynamic calendar of Shows with bookmarks of Shows-Riders-Horses and a sharing system.
- A Shows directory with practical information and key contacts.
- Lists of starting orders and results.
- A data extractor.
- A weekly newsletter.
- A ranking system.
- Riders and Horses profiles.
- A back-office platform accessible to the Shows for uploading contents and updates.
By using the Webapp, Users accept, without limitation or qualification, these terms and conditions (“Terms
and Conditions”) set out below.
Users warrant that it is legal for them to access and use the Webapp in the jurisdiction to which
they are subject. Users are responsible for compliance with all laws of that jurisdiction in viewing
or using the content.
If Users do not wish to be bound by these Terms and Conditions, they should not access or use the
Safety, security and obligations of users
By using the Webapp, Users undertake:
- Not to use the Webapp in any way to send unsolicited (commercial or otherwise) e-mail
(e.g. spam) or any material for marketing or publicity purposes, or any similar abuse of
- Not to collect other Users' content or information, obtain or attempt to obtain
unauthorized access to the Webapp, through whatever means, including automated means
(such as harvesting bots, robots, spiders, or scrapers).
- Not to engage in unlawful multi-level marketing, such as a pyramid scheme, on the
- Not to upload viruses or other malicious code.
- Not to solicit login information or access an account belonging to someone else.
- Not to bully, intimidate, or harass other Users.
- Not to post, distribute, disseminate or otherwise transmit, content that refers to hate
speech, threatening, or pornographic; incites violence; or contains nudity or graphic or
gratuitous violence, defamatory offensive, infringing, obscene, indecent or other
unlawful or objectionable material or information.
- Not to use the Webapp to do anything unlawful, misleading, malicious, or
- Not do anything that could disable, overburden, or impair the proper working or
appearance of the Webapp, such as a denial of service attack or interference with page
rendering or other Webapp’s functionality.
- Not to make available or upload files that contain software or other material, data or
information not owned by or licensed to them or collect information about other Users
(eg. names/addresses) without their prior consent.
- Not to make available, upload or distribute by any means any material or files that
contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful
- Not to falsify the true ownership of the Webapp or other material or information
contained in a file made available via the Webapp.
- Not to provide any false personal information, impersonate another person or use a false
name or a name they are unauthorized to use, or create a false identity or origin or
e-mail address or upload untrue pictures of themselves or try to mislead EQ3 or others
as to the identity or origin of any communications or to provide inaccurate or
unreliable contact details.
- Not to create more than one personal account.
- Not to create another account without EQ3’s permission if EQ3 disables their account.
- To keep their contact information accurate and up-to-date. Not to share their passwords,
let anyone else access their accounts, or do anything else that might jeopardize the
security of their accounts.
- Not to transfer their accounts to anyone without first getting EQ3 written permission.
- Users shall provide their real, complete and full names and information such as their
phone numbers and email address (“Registered Email Address”).
- Registration and use of the Webapp is free with the basic package. Users who wish to
have access to the premium package are required to pay for a subscription fee (“Subscriber(s)”).
- Subscriptions are available for either 1 month, 6 months or 1 year (“Subscription”).
- Subscriptions are automatically renewed except if terminated in writing by the
Subscriber, by email sent to email@example.com, not less
than 1 week prior to the expiry of the 1 month Subscription or 1 month prior to the
expiry of the 6 months or 1 year Subscriptions.
- Subscribers are sent an automatic reminder to their Registered Email Address 2 weeks
prior to the expiry of a 1 month Subscription or 2 months prior to the expiry of a 6
month or 1 year Subscription.
- EQ3 reserves its right to refuse the registration of a User at its sole discretion.
Special Provisions Applicable to INDIVIDUAL USERS
- Upon registration, Riders shall provide their personal number of the Fédération Equestre
- The Webapp includes a feature to indicate when Individual Users will attend a Show by
using a button “I’m going”. When using the button “I’m going”, Individual Users
acknowledges and accepts that:
- EQ3 may collect information about which Shows they are attending.
- They may receive information, communication and requests about the selected Show
on their Registered Email Address. All Information, communication and requests
about the selected Show will be sent by EQ3 or through the Webapp. Users
Registered Email Addresses are never communicated to other Users without prior
Special Provisions Applicable to Shows
- The Webapp includes a feature that allow Shows to create a profile on the back and front
office platforms and to upload contents, pictures, posters, and logos related to their
- Shows undertake to provide accurate, true, real, complete, and full information about
their Activities and their business.
- Shows undertake to only upload pictures and images for which they have the copyrights.
EQ3 does not accept any responsibility or liability for any claim arising out of these
pictures and images.
- Shows undertake to maintain a high standard in the way they carry out their professional
activities, or any other services they wish to offer on the Webapp
(“Activities”). They act in good faith and avoid any action,
declaration or behaviour that might damage EQ3 or the Webapp reputation.
- EQ3 retains the right to refuse to publish and/or delete any false, incomplete,
inaccurate or misleading information and does not accept any responsibility or liability
for any claim arising out of these contents.
- EQ3 may contact Shows and request further information to be provided to Users or to be
posted on the Webapp.
FEATURES AND FUNCTIONALITY
By using the Webapp, Users undertake not to:
- Include functionality that proxies, requests or collects the Webapp’s usernames
- Circumvent (or claim to circumvent) EQ3’s intended limitations on core Webapp’s
features and functionality
- Use or make derivative use of the Webapp’s icons, or use terms for the Webapp’s
features and functionality, if such use could confuse Users into thinking that
the reference is to the Webapp’s features
- Include data obtained from EQ3 in any search engine or directory without EQ3
- Damage, interfere with or disrupt access to the Webapp or do anything which
might impair its functionality
- modify, create derivative works of, decompile, or otherwise attempt to extract
source code from the Webapp, unless EQ3 gives them express written permission
Users may not use the Webapp to promote, or to export other Users data to, a product
or service that replicates a core Webapp product or Services without EQ3’s
Protecting Other People's Rights
Users shall respect other people's rights. By using the Webapp, they undertake:
- Not to post content or take any action on the Webapp that infringes or violates someone
else's rights or otherwise violates whichever applicable law
- Not to expose EQ3 or any other User to harm or legal liability as determined by EQ3 in
its sole discretion
- Not to use EQ3’s copyrights or any confusingly similar marks
- Not to collect information from other Users without obtaining their consent. When
authorized to collect information, Users have to make it clear that they (and not EQ3)
information they collect and how they will use it
- Not to post anyone's identification documents or sensitive financial information
INTELLECTUAL PROPERTY and License
- The Webapp, and all the information and graphic representations or images uploaded on
the Webapp by EQ3 (“Content”), are protected by copyright, trademark
and other laws of Switzerland and foreign countries.
- Users acknowledge and agree that the Webapp and Content, including all associated
intellectual property rights, are the sole and exclusive property of EQ3 or its
- Users will not remove, alter or obscure any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying the Webapp or Content.
- All trademarks, service marks, logos, trade names, and any other proprietary
designations of EQ3 used on or in connection with the Webapp or Content are trademarks
or registered trademarks of EQ3 in Switzerland and abroad. Trademarks, service marks,
logos, trade names, and any other proprietary designations of third parties used on or
in connection with the Webapp or Content are used for identification purposes only and
may be the property of their respective owners.
- Subject to their compliance with these Terms and Conditions, EQ3 grants Users a limited,
non-exclusive, non-transferable license, royalty free, non-sublicensable license to use
the Webapp on any compatible devices that Users own.
- Without EQ3’s written consent, a Users may not use, transfer, copy or reproduce any part
of Content, the Webapp or their source code in whole or in part, in any form or by any
means, electronic, mechanical or otherwise, except for the sole purpose of viewing the
Content. This includes electronic reproduction by uploading or downloading.
- Users own the data they upload on the Webapp (“Data”)
- When Data is covered by intellectual property rights, like photos, images or videos,
Users grant EQ3 a non-exclusive, transferable, sub-licensable, royalty-free, worldwide
license to use any Data that they have uploaded on the Webapp. The license ends when
Data is deleted by Users from their account.
- Deleted Data may persist in backup copies for a reasonable period of time but shall not
be available to other Users.
PRICE, COSTS and payment
- Payment must be made online with a credit and/or a debit card
- Users authorize EQ3 to charge their credit and/or debit card automatically, and without
any further authorization being necessary from User, upon renewal of the Subscription
UPDATES AND MODIFICATION OF THE WEBAPP
- When using the Webapp, Users agree that from time to time the Webapp may be updated by
EQ3 in order to improve, enhance, and further develop the Webapp
- EQ3 may modify the Webapp without notice if and when it deems it fit
By using the Webapp, or submitting information to the Webapp through or in connection
with the Webapp, Users signify their consent to EQ3’s collection, use and disclosure
of their personal information in accordance with these Terms and Conditions.
EQ3 may collect and process the following data about Users:
- Information that they provide by filling in forms on the Webapp, or any such
other information they provide to EQ3
- If they contact EQ3, EQ3 may keep a record of that correspondence
- Details of transactions they carry out through the Webapp
- Details of their visits to the Webapp including, but not limited to, traffic
data, location data, web logs and other communication data, and the resources
that they access
EQ3 may collect information about Users’ devices including, where available, their IP
address and operating system for system administration purposes and to report
aggregate information to EQ3’s advertisers. This is statistical data about Users'
browsing actions and patterns and does not identify any individual.
The data that EQ3 collects from Users may be transferred to, and stored at, a
destination outside the European Economic Area ("EEA"). It may also
be processed by staff operating outside the EEA who works for EQ3. Such staff may be
engaged in, among other things, the processing of their payment details and the
provision of services. By submitting their personal data, Users agree to this
transfer, storing or processing. EQ3 will take all steps reasonably necessary to
ensure that Users’ data is treated securely and in accordance with the law and these
Terms and Conditions.
Where EQ3 has given a User (or where User has chosen) a password which enables
him/her to access certain parts of the Webapp, User is responsible for keeping this
password confidential. EQ3 asks Users not to share their password with anyone.
Unfortunately, the transmission of information via the Internet is not completely
secure. Although EQ3 will do its best to protect Users’ personal data, EQ3 cannot
guarantee the security of Users’ data transmitted to the Webapp. Any transmission is
at User’s own risk. Once EQ3 has received Users’ information, EQ3 will use strict
procedures and security features to try to prevent unauthorised access.
- EQ3 may use information held about Users or information provided by them: to
ensure that content from the Webapp are presented in the most effective manner
for Users and for their devices
- To provide Users with information, products or services that they request from
EQ3 or which EQ3 feels may interest them, where they have consented to be
contacted for such purposes
- To allow Users to participate in interactive features of EQ3’s Services, when
they choose to do so
- To notify Users about changes to EQ3’s Services
EQ3 may also use Users’ data, or permit selected third parties to use Users’ data, to
provide Users with information about goods and services which may be of interest to
them. EQ3 does not disclose information about identifiable individuals to its
advertisers, but EQ3 may provide them with aggregate information about Users. EQ3
may also use such aggregate information to help advertisers reach the kind of
audience they want to target. EQ3 may make use of the personal data it has collected
from Users to enable it to comply with its advertisers' wishes by displaying their
advertisement to that target audience.
EQ3 may disclose t Users’ personal information to any member of its group, which
means its sister companies and/or its own subsidiaries. EQ3 may also disclose Users’
personal information to third parties:
- In the event that EQ3 sells or buys any business or assets, in which case it
may disclose Users’ personal data to the prospective seller or buyer of such
business or assets
- If EQ3 or substantially all of its assets are acquired by a third party, in
which case personal data held by it about its Users will be one of the
- If EQ3 is under a duty to disclose or share Users’ personal data in order to
comply with any legal obligation, or in order to enforce or apply its Terms and
Conditions or to protect the rights, property, or safety of EQ3, its customers,
or others. This includes exchanging information with other companies,
organisations or authorities for the purposes of fraud protection and credit
risk reduction or other
The Webapp may, from time to time, contain links to and from the websites of EQ3’s
partner networks, advertisers and affiliates. If Users follow a link to any of these
websites, they should not note that these websites have their own privacy policies
and their own terms and conditions; EQ3 does not accept any responsibility or
liability for the same. It is Users’ sole responsibility to these policies or terms
and conditions before they submit any personal data to these websites.
If, in EQ3’s sole judgment, a User violates the letter or spirit of these Terms and
Conditions, or otherwise creates risk or possible legal exposure for EQ3, EQ3 can
stop providing all or part of the Webapp, disable User’s application or restrict
User’s access to the Webapp.
EQ3 reserves the right to remove any content or information posted on the Webapp by
a User if EQ3 believes that it infringes other people’s rights or for any other
reason at its sole discretion, and will disable User’s account if User infringes
other people's intellectual property rights, at EQ3’s sole discretion.
EQ3 retains the right to delete any false, inaccurate or misleading picture and EQ3
shall not retain any responsibility or liability for any claim arising out of these
Notwithstanding the foregoing, EQ3 retains the right to file any suits, claims, and
actions for any and all causes of action against a User in relation with the use of
EQ3 may modify these Terms and Conditions or Services at its absolute discretion
from time to time. Upon such modification, a notice will be sent to all Users on
their Registered Email Address.
Users will be deemed to have accepted any modifications if they continue to use the
Webapp after they have been posted on the Webapp.
Subscribers who do not accept unfavourable modifications may terminate their
engagement in writing within 30 days after the modification. Such termination notice
must be sent at dontleaveus@jumpfax
.com . Any reimbursement to User will be done on a pro rata temporis basis
A modification is deemed unfavourable to the Subscriber when it results in:
- A EQ3 subscription fee increase
- The disappearance or suppression of Webapp functionalities or Services
- Any harm or damages to the Subscriber involved
EQ3 endeavors to keep the Webapp up, bug-free, and safe, but Users use it at
their own risk. EQ3 is providing the Webapp as is, without any express or
implied warranties including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, and non-infringement. EQ3
does not guarantee that the Webapp will always be safe, secure or error-free or
that it will always functions without disruptions, delays or imperfections. EQ3
is not responsible for the actions, content, information, or data of third
parties and of Users. Users release EQ3, its directors, officers, employees, and
agents from any claims and damages, known and unknown, arising out of or in any
way connected with any claim Users might have against any such third parties or
for the use of the Webapp and its consequences.
These Terms and Conditions make up the entire agreement between the parties
regarding EQ3 and the Webapp, and supersede any prior agreements.
If any portion of these Terms and Conditions is found to be unenforceable, the
remaining portion will remain in full force and effect.
If EQ3 fails to enforce any of these Terms and Conditions, it will not be considered
a waiver of EQ3’s rights.
Users will not transfer any of their rights or obligations under these Terms and
Conditions to anyone else without EQ3’s consent. All of EQ3’s rights and obligations
under these Terms and Conditions are freely assignable by EQ3 in connection with a
merger, acquisition, or sale of assets, or by operation of law or otherwise, in
EQ3’s sole consideration.
These Terms and Conditions do not confer any third party beneficiary rights.
APPLICABLE LAW AND JURISDICTION
- Provided that no other legal mandatory provision applies, these Terms and Conditions and
any disputes arising under or in connection with the relationship between EQ3 and Users,
shall be subject to the laws of Switzerland, to the exclusion of private international
- Any dispute arising out of these Terms and Conditions and/or any dispute arising under
or in connection with the relationship between EQ3 and Users shall be submitted to the
Geneva (Switzerland) Courts