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General Conditions of Sale – General Conditions of Use

Between the buyer of the Coho solution hereinafter referred to as “The Owner”

And the company ANIMALINKS, located at 29 chemin du Vieux Chêne 38240 MEYLAN, registered with the RCS under number 835 376 666 and represented by Mr. Sébastien Dubois, hereinafter referred to as “the Service Provider”

  1. Under this contract, the Service Provider provides the Owner with the Coho solution (“the Solution”). The Coho Solution is a preliminary version before final qualification of the product. The Solution is either provided in the form of rental with a monthly subscription covering the entire service or unbundled into a Hardware part and a Service part, in this case the Hardware part is sold and the Service part is provided in the form of a service access contract through a monthly subscription.
  2. The distribution by the Service Provider of new contracts of the Solution in the form of full rental ceased on February 28, 2021. Specific contracts with legal entities could nevertheless be established for specific or non-standard applications of the Materials or the Solution.
  3. Before installing the solution, the Owner acknowledges having obtained installation authorization from the Manager of the establishment providing the box. He also acknowledges having indicated to the Manager that he had access to the same information as him on his horse on simple request to the Service Provider.
  4. In the event of a change of stable, the Owner is entitled to transfer the Solution to his new stable having previously informed the Manager of the new establishment and having obtained his authorization. In the event that the new Manager does not accept the installation of the Solution, the Owner will notify the Service Provider so that the Service Provider can contact the said Manager in order to analyze and understand the reasons for the refusal and assist the Owner in his approach.
  5. After authorization from the Manager of the establishment providing the box, The Solution is installed within the box housing the horse (“the Boxes”) of the Owner.
  6. The details of the Materials and Services making up the Solution are specified in the technical documentation and the commercial offer given to the Owner or accessible on the Service Provider’s online store. In the event that they have not been provided in a rental offer prior to February 28, 2021, the Materials are sold to the Owner.
  7. The Service provided in the Solution is only available through the Materials provided by Coho. These and only these to the exclusion of any replacement shall be installed in accordance with the guidelines issued by Coho. The Solution corresponds to a Service developed from the Coho Materials and provided to the Owner under the conditions provided for in this contract. In the context of a rental of Equipment in the form of a subscription, the Service Provider remains the owner of the Equipment included in the rental.
  8. The purchase, rental or trial of any Equipment or Service entails automatic acceptance of this contract.
  9. The Service contract begins on the date of receipt of the Coho camera order by the Service Provider.
  10. Upon simple request to create an account, the Manager of the establishment providing the box will have access to all the information provided by the Solution to the Owner
  11. The price for providing the Solution is inclusive of all taxes. The prices are fixed in euros. The months are counted from the day of the start of the contract with a monthly frequency, any month started is due.
  12. In accordance with the Hamon law of March 17, 2014, the Owner buying or signing a contract on the internet benefits from a right of withdrawal of 14 days. This right does not apply to purchases made at fairs or shows. In the event of withdrawal, the Owner undertakes to return all the Materials concerned in perfect working order and to bear the direct costs of return. Any request for withdrawal motivated by a refusal to install on the part of an establishment manager or by a noted absence of a telecommunications network can only be effective if it occurs and is transmitted to the Service Provider within this period. 14 days after receipt of the material. Beyond this period no withdrawal can be accepted.
  1. The Owner agrees not to open, disassemble or disassemble or make any modifications to the Material of any kind. Failure to comply with this rule releases the Service Provider from all liability, cancels any warranty on the Equipment and terminates the Service. In the case of rented Equipment, the costs intended to repair any degradation of rented equipment not resulting from normal wear and tear of the Equipment will be borne by the Owner, subject to him to return, if necessary, against his insurer. The degraded element will be replaced as soon as possible by the Service Provider and invoiced at the non-return value indicated in these GCS, the rental contract for the Solution will not be interrupted.
  1. The Owner undertakes to use the Equipment exclusively for the intended use, and to use it as a “good father”.
  2. The Parties recognize that the Solution is an innovative solution analyzing the environment close to the horse in real time but can in no way replace the opinion of an expert concerning the physical condition of the Owner’s horse(s). Consequently, the Service Provider does not in any way guarantee the stability, reliability or availability of the Solution.
  3. The Solution is provided “as is” without warranty of any kind, express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. The Service Provider shall in no way be held liable for any claim or special, indirect or consequential damage or any other damage related to the loss of use, time or profits, due or related to the use, evaluation or performance of the Solution and in particular the Hardware.
  4. Consequently, the Owner agrees not to sue the Service Provider:
  • In the event of a malfunction of the Solution and/or
  • In the event of a technical incident that may cause a poor sporting performance of the horse housed in a Box equipped with the Solution
  • In the event of damage to the health of the horses concerned.
  1. The liability of the Service Provider cannot in particular be sought in the event of:
  • use of the Solution in an environment or according to a configuration that does not comply with the Service Provider’s recommendations,
  • data loss,
  • of discontinuity of the Services,
  • interruption of the Internet network,
  • the occurrence of technical problems on the Owner’s equipment,
  • of a cyber-attack,
  • accident on the equine during the use of the Service Provider’s services.
  1. In the event of loss or theft of rental equipment, the Owner is required to notify the Service Provider within a maximum period of 3 days after observation and to provide declarations attesting to the event. The lost or stolen item will be replaced as soon as possible by the Service Provider and invoiced at the non-return value indicated in these GCS. In the event of theft or loss of the Equipment, it is up to the Owner to turn over, if necessary, against his insurer. The loss or theft of a Material does not interrupt the invoicing provided for in the current contracts.
  2. Guarantee: the legal guarantee conditions apply to the Materials except in the event of modification by the Owner as indicated in article 13.
  3. Involuntary damage to rental equipment purely due to the equine is covered by Coho and as such will not be subject to any invoicing under the following conditions:
  • The Owner will immediately notify the Service Provider of the degradation of Equipment.
  • The Solution rental agreement will not be interrupted
  • The Service Provider will issue a return slip. The Equipment must be returned within a period of less than 15 days after receipt of the return slip for analysis, confirmation of the involvement of the equine by the Service Provider and return of the corresponding Equipment if necessary. In the absence of a return by the Owner of the damaged equipment within the stipulated time or in the event of non-confirmation of the involvement of the equine animal, the penalties for non-return indicated in these GCS will apply.
  1. The Solution, exclusive property of the Service Provider, is protected by national and international legislation applicable to intellectual property.
  2. The Service Provider, retains as the holder of the rights, the intellectual property on the Solution as well as all the prerogatives relating thereto. Consequently, the Owner does not acquire any intellectual property rights over the Solution, and does not benefit from any rights other than those expressly granted under this contract.
  3. The Solution is made up of a Hardware part sold or rented and a Service part provided in the form of subscription contracts of different durations, with or without a commitment period. The contract for the chosen duration is renewed by tacit agreement. The contract can be terminated at each end of the contractual term of execution of the contract. The Owner is engaged during the period of execution of the contract, the terminations of contracts during the execution of these do not generate a total or partial refund of the said contract. At the end of his commitment period, the Owner may cancel the renewal of his contract free of charge on simple request by email to the address: contact@mycoho.fr . This request must be sent one (1) month before the tacit renewal date. Termination will take effect on the tacit renewal date of the month following the date of the request. For example in the case of a contract with a renewal every 15th of the month, a request made before February 15 will lead to an effective termination on March 15.
  4. In the event of termination of access to The Solution for rented Equipment, the Owner undertakes to return the Equipment made available to it by The Service Provider. An e-mail or a letter of return procedures will be sent to him, once the request has been made. If the Owner returns the Materials beyond the contractual period of 15 calendar days after the date of receipt of the terms of return, penalties for non-return will be applied and/or the security deposit will be retained. In all cases, the Owner is required to return the equipment in good working order. The penalties for non-return are as follows per equipment: Coho Camera: €400 including tax, Door Sensor: €25 including tax,
  5. Use of the Solution in competition:

– case of an Owner who is a direct customer of the Service Provider under this contract:

  • Prior to any installation/use, the Owner is required to obtain all authorizations from the contest organizer.
  • He must also ensure that the plate indicating that the box is placed under video surveillance is in place (GDPR compliance)
  • All the paragraphs of these T&Cs/T&Cs apply

 

– case of the proposal of the Solution by the Service Provider or one of its partners in the context of an equestrian event:

  • The entire Solution as described in the Customer offer is included in the rental
  • Under the contract, the Service Provider provides the Client with the Coho solution (“the Solution”). The Coho solution is a preliminary version before final qualification of the product
  • All hardware and software belong to the Service Provider
  • The Customer agrees not to open, disassemble or disassemble or make any modifications to the Material of any kind.
  • Paragraphs 22, 27,28, 29 and 30 of these Terms and Conditions apply
  • The Parties acknowledge that the Solution is an innovative solution analyzing the environment close to the horse in real time but can in no way replace the opinion of an expert concerning the physical condition of the Customer’s horse(s). Consequently, the Service Provider does not in any way guarantee the stability, reliability or availability of the Solution.
  • The Solution is provided “as is” without warranty of any kind, express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. The Service Provider shall in no way be held liable for any claim or special, indirect or consequential damage or any other damage related to the loss of use, time or profits, due or related to the use, evaluation or performance of the Solution and in particular the Hardware.
  • Consequently, the Client undertakes not to sue the Service Provider:
    • in the event of a malfunction of the Solution and/or
    • in the event of a technical incident that may cause a poor sporting performance of the horse housed in a Box equipped with the Solution
    • in the event of damage to the health of the horses concerned
  • The liability of the Service Provider cannot in particular be sought in the event of:
    • use of the Solution in an environment or according to a configuration that does not comply with the Service Provider’s recommendations,
    • data loss,
    • of discontinuity of the Services,
    • interruption of the Internet network,
    • the occurrence of technical problems on the Customer’s equipment,
    • of a cyber-attack,
    • accident on the equine during the use of the Service Provider’s services.
  • The Service Provider, retains as the holder of the rights, the intellectual property on the Solution as well as all the prerogatives relating thereto. Consequently, the Customer does not acquire any intellectual property rights over the Solution, and does not benefit from any rights other than those expressly granted under this contract.
  • Throughout the duration of the provision of the equipment, the Customer undertakes to use the Equipment exclusively within the framework of the intended use, and to use it as a “good father”.
  • Any theft of equipment must be reported as soon as possible to Animalinks/Coho or the event organizer in order to allow a rapid complaint to be filed.
  • Involuntary damage purely due to the equine is covered by Coho and as such will not be subject to any invoicing.
  • Any voluntary degradation or degradation resulting from an act of negligence on the part of the customer will be subject to a flat rate deduction equal to €400.
  1. The Solution collects data during its use (temperature and humidity of the Box, state of health of the animal, photo and videos of the animal and the Box, brightness, sound level, etc.) The Owner, or the Customer in in the case of an offer on an equestrian event, expressly agrees to the Service Provider to analyze and reuse the data collected by the Solution for research and development purposes but also to improve the Solution, including by collaboration with third-party companies or research centers.
  2. The Owner or the Customer have a right of access, rectification and opposition to personal information and personal data concerning him and concerning his structure.
  3. Modification of the General Conditions of Use The Service Provider is entitled to modify these general conditions of use at any time, subject to informing the Owners/Managers/Customers by simple posting on the website or by email at the latest. on the date of publication on the website www.mycoho.eu in the event that the modifications made do not affect the rights granted to the Owners/Managers/Customers hereunder or do not create new obligations for them; by email or any other form of communication at least 15 days before the entry into force of the new T&Cs in other cases. Any modification will then enter into force on the date of its publication by Animalinks on the site www.mycoho.eu. The Owner/Manager/Customer who does not accept the modified T&Cs must notify Animalinks by sending an email to the address contact@mycoho.fr , before the entry into force of the said modified T&Cs and no later than the day before the entry into force, to request the deactivation of his Account. Continued use by the Owners/Managers/Customers of the Solution after the entry into force of the new T&Cs constitutes consent to this new version which will be fully applicable to them.
  4. Any dispute relating to the validity, interpretation or execution of this agreement falls within the exclusive jurisdiction of the Courts of GRENOBLE.

Updated: February 17, 2021

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