General terms and conditions

Shiloh Curacao is an Internet platform and mobile application for the customers who are looking for a platform where peace, self-reflection and contemplation are central. ("Platform") operated by Shiloh Curacao ("Shiloh Curacao " or "we").

These terms of use govern the use of our platform. Users of our platform are only authorized to access and use the platform under the following conditions.

1. Applicability

1.1. These Terms of Use tell you the terms of use on which you may use our platform. Use of our platform includes, but is not limited to, accessing, browsing or registering to use our platform.

1.2. Please read these Terms of Use carefully before using our platform as they apply to your use of our services. We recommend that you save or print a copy for future use.

1.3. By using our platform, you confirm that you accept and agree to abide by these Terms of Use. If you do not agree to these Terms of Use, you may not use our platform.

1.4. If you are using our platform on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so.

1.5. You are responsible for taking all steps necessary to access our Platform. You are also responsible for ensuring that all persons who access our Platform through your Internet connection are aware of, and comply with, these Terms of Use and other applicable terms and conditions..

2. Services

2.1. Our platform allows our users to store, add, post, submit, upload and/or link content related to the equestrian world ("content") to our platform.

2.2. We provide our users with access to our platform, some pre-developed templates that can be used to structure and upload content in an orderly manner, services to share content with other users, and other related services.

2.3. Our users may have access to other users' content under the terms of these terms of use.

3. Fees and payment

3.1. Access to our Platform is free and we do not charge for the use of our (standard) Services.

3.2. We may charge you for using our additional services, e.g. subscriptions. We will inform you about the fees and payment details on our platform.

3.3. Fees for the additional services will be charged only upon prior notice.

3.4 When you purchase a subscription, you have the right to revoke the agreement within 14 days without giving reasons. This period begins on the day you purchased the paid membership. You can revoke your membership by emailing info@shilohcuracao.com.

3.5 For revocations, the credit period is no later than 14 days after cancellation. Shiloh Curaçao will use the same payment method you used to pay.

3.6 Refund and cancellation policy: Shiloh Curaçao considers the reservation confirmed upon receipt of the full amount. Once payment has been made, cancellation is possible. The cost in that case is 30% of the invoice amount. Payment must be made before the date mentioned on the invoice/offer. If the invoice is not paid on time, the reservation will be opened to other guests and a new reservation will have to be made. 

4. Your account and password

4.1. If you choose a username and password or other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to third parties.

4.2. We have the right to disable or reclaim any username or password, whether chosen by you or assigned by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use or if we believe that. (For example, if a trademark holder complains about your username not being closely related to that user's actual name).

4.3. You are responsible for accessing and maintaining all equipment used in conjunction with the Terms of Use. This includes all computers, software and all communications equipment used for our Services.

5. Our intellectual property rights

5.1. We own all right, title and interest (including but not limited to patents, copyrights, trademarks, trade secrets and all other intellectual property rights) in and to the Platform, the Services and all technical requirements and end-user documentation made available to you by us and all content provided by us, including our templates, and used in connection with, or generated by, the Platform.

5.2. We reserve all rights not expressly granted to you in these Terms of Use. We retain ownership and interest in and to all existing and future intellectual property rights and all related rights.

6. Your content, intellectual property rights and licenses

6.1. Whenever you use any feature of our platform that allows you to store, add, post, submit, link or upload Content or to contact other users, you warrant and represent that you are legally entitled to such use of the Content and your Content does not violate any rights of third parties, in particular intellectual property rights and privacy rights.

6.2. You retain ownership of all intellectual property rights related to your content. By making any content available on our platform, you grant us a worldwide, nonexclusive, transferable and royalty-free license to use, copy, distribute and disclose such content to third parties for the provision of our services under these Terms of Use, including the right to display your content on our platform.

6.3. We are not obligated to review the content and cannot be held responsible for the content in any way. You agree that under no circumstances shall we be liable for indirect, special and/or consequential damages, costs and expenses in any way whatsoever incurred.

6.4. We have the right to disclose your identity to a third party if we receive a formal written complaint stating that any content uploaded by you to our platform violates its rights, particularly intellectual property rights or privacy rights, or if otherwise required by law to our opinion.

6.5. By accessing and using our Platform, you agree not to post or submit any unlawfully threatening, libelous, defamatory, abusive, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct.

6.6. By removing your content from the Platform, you terminate all licenses granted to us under these Terms of Use for such content. Any sublicenses granted to third parties remain in effect.

6.7. We have the right to remove Content from our Platform if such Content violates the rights of third parties, in particular intellectual property or privacy rights, or otherwise fails to comply with our Content Policy (as described in Section 6.5) or with applicable laws or regulations. We reserve the right to remove or disable access to Content at any time without giving you (prior) notice.

6.8. You must retain your own (converted) copy of Content uploaded and/or shared via our Platform at all times.

6.9. The views of users on our Platform do not represent our views or values.

7. Infringement

7.1. If you believe that your work (or the work of a third party on whose behalf you are entitled) has been used, copied, distributed or disclosed through our Platform in a way that infringes your rights, particularly copyright, trademark or other intellectual property rights, you must send us a notice of infringement that must include the following written information:

a) A statement that you have identified content or other material on the platform that infringes your copyright or other intellectual property rights;

b) identification of content or other material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled;

c) your full name, e-mail address, mailing address and telephone number where you can be reached;

d) a declaration by you that the information in the infringement notice is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly infringed.

e) A statement by you that you have a good faith belief that use of the content or other material in the manner complained of is not authorized by the intellectual property rights owner, its agent or the law;

f) physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of the owner of the work allegedly infringed.

7.2. For reports of claims of infringement of or relating to the Platform, please contact us via our complaint form.

7.3. If we remove your Content for violating someone else's intellectual property rights and you believe we removed it in error, we offer you the opportunity to object.

7.4. If you repeatedly infringe the intellectual property rights of others, we will disable your account if necessary.

8. Purchase through Shiloh Curacao 

8.1. Our platform allows people to offer products and services for sale. However, Shiloh Curacao is not a webshop. The actual sales contract is made directly between the seller and the buyer. We have no control over and do not guarantee the existence, quality, safety or legality of products and services offered for sale by any user.

8.2. We are not responsible or liable to any (third) party for the content or accuracy of any content created by you or any other user of our platform.

8.3. While we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, express or implied, that the Content related to our Platform is accurate, complete or up-to-date.

9. Platform availability, use and limitations

9.1. We cannot guarantee that our Platform will always be available or uninterrupted. Access to our Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or modify all or part of our Platform without notice. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period of time.

9.2. We reserve the right to revise or discontinue any facet of the Platform. This includes, but is not limited to, hours of operation, functionality and pricing for use of the Platform.

9.3. We reserve the right to restrict the availability of the Platform, in whole or in part, to any person, for any purpose and to any geographic area or jurisdiction we choose, at any time and in our sole discretion.

9.4. We reserve the right to modify these Terms of Use as we deem necessary. Any use of the Platform by you after notice shall serve as acceptance of changes to the Terms of Use.

9.5. The Platform is valuable intellectual property of Shiloh Curacao , Melanie Kos or third parties who have contributed to it. Copying (any part of) the Platform is prohibited.

9.6. In accessing or using the platform, you agree not to do or attempt to do (or allow anyone else to do) the following:

a) Use, distribute, rent, lend, lease, sell, sublicense or otherwise transfer or offer the Platform for commercial purposes;

b) removing or altering copyright, trademark, confidentiality or other proprietary notices or marks;

c) Modify, translate, adapt, arrange or create derivative works from the platform, except as permitted in these Terms of Use;

d) decompile, disassemble or reverse engineer, or determine source code, algorithms, methods or techniques of the Platform;

e) Disrupt, damage or interfere with the operation or security-related functions of the Platform, gain unauthorized access or restrict or prevent use by others;

f) use a robot, spider or other system, device or mechanism to access the platform that is likely to disrupt, disable or destroy the platform or any content of our users;

g) frame or mirror part of the Platform or create a competing business for the Platform;

h) collecting or storing personal information about any person or entity in violation of these terms of use and our privacy policy;

i) Advertise, promote or solicit goods or Services for commercial purposes, except as expressly authorized by us or expressly permitted by these Terms of Use;

j) Use the Platform, any feature thereof or any Content in a manner that could violate any law or the rights (including but not limited to the copyright, trademark, patent, trade secret, other intellectual property, proprietary or other rights) of any person, firm or entity or expose us to legal liability;

k) pose a security risk to the Platform or to another user.

9.7. We have no obligation to monitor the platform and the content uploaded and stored by you or any use of it by you or to retain the content of your user session.

9.8. We reserve the right at any time to review, revise, retain and/or disclose any information as necessary to comply with applicable laws, regulations, legal process or governmental requests.

10. Liability, warranties and damages

10.1.Nothing in these Terms of Use excludes or limits our liability arising from our gross negligence or willful misconduct or any other liability that cannot be excluded or limited by Dutch law.

10.2. You are responsible for your use of the Platform, for all Content you upload, post and share using our Services and for any consequences thereof.

10.3. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of our Services.

10.4. To the extent permitted by law, we exclude all warranties or other terms that may apply to our Platform, our Services or any Content thereon, express or implied.

10.5. We shall not be liable to any user for any loss or damage, whether in contract, tort (including negligence) or otherwise, even if foreseeable, arising out of or in connection with:

10.6. We are not liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material as a result of your use of our platform, or for downloading any content on it, or on any website linked to it.

10.7. Our platform contains content, links to other websites and other resources provided by third parties. We have no control over the content, websites or resources. We accept no responsibility for content provided by users or for content from websites linked on our platform. Such content or links should not be construed as approval by us of that content or linked websites. We are not liable for any loss or damage that may result from your use of it.

10.8.The platform is provided as is. We are not responsible for examining or evaluating the content or accuracy and we make no warranty and are not liable or responsible for any content, or for any other third party products or services.

10.9. We are not liable for any damages or losses related to the purchase or use of Services, resources, products, Content or any other transactions conducted in connection with third party websites. Please read the third party policies carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third party products and services should be directed to the third party.

10.10.You agree to indemnify and hold us and our affiliates and employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys' fees) arising out of or related to claims arising out of your breach of these Terms of Use.

10.11. In no event shall Shiloh Curacao's total liability exceed the amount paid under Shiloh Curacao's insurance policy in the relevant matter or the amount you have paid Shiloh Curacao.

11. Notice of privacy policy

11.1. Because your privacy is very important to us, we have designed a privacy policy to make important disclosures about how you can use our platform and how we collect and use your content and information. We encourage you to read our privacy policy before using our platform.

11.2. By default, most content you submit, post or display through our platform is public and can be viewed by other users. For certain information fields, we provide visibility settings so that you can select who can see this information.

11.3. By clicking the "accept" button, you agree that this acts as a receipt of a notice of our privacy policy available on our platform and you understand that by your use of our platform, you consent to the collection and use of this information.

11.4. We reserve the right to change the privacy policy periodically. Such changes will be posted on our platform and you agree to take responsibility for regularly reviewing all privacy statements posted there.

12. Termination

12.1. We may suspend or terminate access to our Platform if you a) materially breach any of the terms of these Terms of Use and if the breach is not remedied within a reasonable time after written notice to the party in breach, or b) you create risk or potential legal exposure for us.

12.2. If you wish to delete your account, please send an email to info@shilohcuracao.com. Your account and details will then be deleted.

12.3. In all such cases, these Terms of Use will terminate, including your license to use our platform. However, any provision of these Terms of Use that by its nature should survive termination of these Terms of Use shall survive such termination.

13. Other

13.1. If any part of these Terms of Use is found to be invalid, unenforceable or non-binding, the remainder shall remain in effect and in full force and effect.

13.2. Failure to enforce any of these terms of use will not be considered a waiver.

14. Governing law and competent court

14.1. These terms of use and our agreement with you shall be interpreted in accordance with and governed exclusively by the laws of Curacao.

14.2. You also enjoy the protection of the mandatory provisions of the law that would apply in the absence of the first provision.

14.3. All disputes that may arise under or in connection with our agreement with you and/or these Terms of Use shall be submitted to the exclusive jurisdiction of the Willemstad Curacao District Court, located at Willemstad.