TERMS & CONDITIONS

Terms and Conditions of Use of the Web Portal

These Terms and Conditions of Use of the Web Portal have been professionally translated and are deemed accurate. In the case of any discrepancy between the German and English translations, the German version shall prevail.

I. Purpose of the agreement and changes

 

§ 1. Purpose of the Terms and Conditions of Use

 

(1) 3forONE AG (hereinafter referred to as "3forONE") provides a platform on www.3forone.com (hereinafter referred to as "the portal"), via which the duly registered participants can make use of a wide range of services and also communicate with each other. The participants can call up content available on the portal, publish their own content and use the other free and paid services currently available on the portal within the scope of their respective availability. Further information on the services can be found in the service description, § 8.

(2) These terms and conditions of participation and use govern the provision of services by 3forONE and the use of these services by you as a properly registered participant.

(3) Information about 3forONE is available here.

 

§ 2. Changes to the Terms and Conditions of Use

(1) 3forONE reserves the right to change these Terms and Conditions of Use at any time. These changes will also be applied to existing contracts. 3forONE will notify its Partners about any such changes at least 30 calendar days before they are due to come into force. If Partners do not object within 30 days of receiving such notification and continue to use the services following the expiry of the objection period, the changes will be deemed accepted and valid upon expiry of said period. If an objection is made, the contract will continue to run on the basis of the Terms and Conditions previously agreed. When notifying such a change, 3forONE will refer to the possibility of objection and the consequences of the change.

(2) In the event of changes to the sales tax, 3forONE is entitled to adjust the remuneration for the premium access in accordance with this change without the aforementioned right of objection.

 

II. Registration for usage, handling access information, termination of usage

 

§ 3. Authorisation to register

 

(1) The use of the chargeable services available on the portal requires the conclusion of a contract and your registration as a participant. There is no entitlement to participation. 3forONE is entitled to reject applications for participation without giving reasons.

(2) You are only permitted to register if you are of full age and have unlimited legal capacity. Minors are not permitted to register. In the case of a legal entity, the registration must be made by a natural person with unlimited legal capacity and the right to represent the entity.

 

§ 4.Offer and conclusion of contract

 

(1) 3forONE offers you the choice between different subscriptions. These subscriptions offer you a significantly expanded range of services in return for a monthly usage fee. The respective usage fee to be paid for the subscription will be displayed during the registration process. You can find more details on the respective service offer under § 8.

Please note: If the application for access is made for a purpose that cannot be attributed to your commercial or self-employed professional activity, you have a statutory right of withdrawal. You can find more details on the right of cancellation and the cancellation policy here.

(2) The contact details and other information requested by the service provider during the registration process must be provided by you completely and correctly. When registering a legal entity, the natural person authorised to represent the entity must also be indicated.

(3) The presentation of 3forONE's services on the platform does not constitute a binding contractual offer by 3forONE. The contract between you and 3forONE is only concluded through your order and its acceptance by 3forONE. In the event of acceptance, 3forONE will send an order confirmation by email. The communication of the access data to you is equivalent to an express declaration of acceptance. 

(4) The conclusion of the contract is currently possible in German, English and French.

(5) You can conclude a subscription on the platform by going through the following steps:

a. Clicking on the button of the respective subscription model takes you to the check-out. 

b. In the check-out, customers who are already registered and have not logged in before can log in with their access data. New customers will be asked to create an account and register... Changes to the billing or delivery address can also be made here.

c. Clicking the "Next" button takes you to the payment options. Here you can select the payment method. Then click on "Continue" to get to the overview page "Submit order".

d. Before the order is sent, the overview page "Send order" once again shows an overview of all the data (in particular billing and delivery address, product, price, quantity, payment method) of the planned order. The data can also be corrected or changed there.

f. The order is sent via the button "order with costs". This is a binding offer for you to conclude a purchase contract. Please refer to the first paragraph of this point for information on the time of conclusion of the contract.

(6) The text of the contract as well as these terms of use will be saved in reproducible form and automatically sent to you by e-mail. If you lose your documents relating to the contract, you can contact us by post, email or fax. We will be happy to send you a copy of the order data by email.

 

§  5. Responsibility for access information

 

(1) During the registration process, you will be asked to enter a user name (your e-mail address) and a password. You can log in to the portal with this data after your access has been activated and confirmed by 3forONE.

(2) The access data including the password must be kept secret by you and must not be made accessible to unauthorised third parties.

(3) It is also your responsibility to ensure that your access to the portal and the use of the services available on the portal is exclusively carried out by you or by the persons authorised by you. If it is feared that unauthorised third parties have gained or will gain knowledge of your access data, 3forONE must be informed immediately.

You are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.

 

 

§ 6. Updating the participant data

 

You are obliged to keep your data (including your contact details) up to date. If there is a change in the data provided during the period of your participation, you must correct the information immediately on the portal in your personal settings. If you are unable to do so, please notify us of your changed data immediately by e-mail or fax.

§ 7. Termination of usage

 

(1) The cancellation periods of the subscription you have selected apply.

(2) Unless otherwise agreed, a minimum contract term of one month applies, beginning with your receipt of the e-mail with the access data. From the expiry of the minimum contract period, the contract is automatically extended by a further month in each case, unless one party terminates the contract by giving fourteen (14) calendar days' notice before the expiry of the minimum contract period or the respective extension period.

(3) When the termination takes effect, the contractual relationship ends and you may no longer use your access. 3forONE reserves the right to block the user name and password when the termination takes effect.

(4) 3forONE is entitled to irretrievably delete all data created within the scope of your participation upon expiry of 30 calendar days after the termination becomes effective and after expiry of any statutory retention periods.

 

(5) Cancellation of the subscription contract can be made from 01.07.2022 via the cancellation button in the customer menu on the 3forONE website.

 

III. Portal services and content

 

§  8. Service provision and availability

 

(1) 3forONE provides information and other services on the Portal for use depending on the subscription you have chosen  during a time-limited period. Examples of such services include the provision of data, posts, image and sound files, information and other content (hereinafter referred to as “content”) and the possibility to create individual profiles and contact other  Users via private messages.

The content and scope of the services will be determined by the features available on the Portal at the time.

(2) The services provided on the  Portal may also include services provided by third parties to which 3forONE merely provides access (for example streaming, photos, etc.). The use of such services may be subject to conditions that deviate from these Terms and Conditions of Use or additional regulations. In this case, 3forONE or the third party shall draw attention to this fact.

(3) 3forONE is responsible for ensuring an average monthly availability of 97% for access and all services. Regular maintenance periods on the Portal are not included in the availability calculation, which are between 2:00 and 4:00 every Sunday..

(4) Furthermore, entitlement to use the services provided on the  Portal can only be ensured where it is technically and operationally possible for 3forONE to do so. 3forONE strives to ensure interruption-free use of its services as far as possible. However, constraints or interruptions may occasionally occur due to technical disruptions (such as power cuts, defective hardware and software, technical problems with data cables), which do not fall under the responsibility of 3forONE.

 

§  9. Sale / Auctions of Horses


(1) 3forONE provides the technical possibilities of an online auction or hybrid auction for sale to potential buyers via the platform. This is a virtual marketplace on which horses can be offered by the You  with the intention of sale and purchased by interested buyers (hereinafter "buyers").

(2) By placing the offered horse in the offer format "Auction", You make a binding offer to conclude a purchase contract for the acquisition of this horse under the conditions of 3forONE or the auction house operating the auction. Your offer can be accepted within the period determined by submitting a bid via the bidding function (in the case of auctions). The bid expires if another bidder submits a higher bid during the bidding period.

(3) A purchase contract for the acquisition of the horse shall be concluded between You and the highest bidder at the end of the auction or in the event of premature termination of the offer.

(4) Registered bidders and interested buyers can submit bids to 3forONE in real time, thereby instructing 3forONE to submit bids on behalf of the bidder. Before a bid is submitted, the content of the bid is summarised on an overview page. The bidder can correct his bid there using the change fields provided. By clicking the button "Submit Bid", the bidder submits a binding bid to the Organiser for the conclusion of a purchase contract. After placing the bid, the bidder receives an automatically generated e-mail from 3forONE or the organising auction house confirming receipt of the bid by the organiser or 3forONE and stating its details (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of the contract, but only the confirmation of participation in the auction with the bid placed. Each bid made by a bidder is subject to the condition precedent of the submission of a higher bid. The respective bidder is bound by the bid submitted until the end of the bidding period. Bids that are below the minimum bid will not take part in the auction, even if the Organiser does not receive a higher bid by the end of the auction. The highest bid in each case shall be published.

(5) Notification of the conclusion of the contract in the case of an auction: The bidder who has submitted the highest effective bid at the end of the auction shall be notified of this in text form by e-mail or by other means on a durable data medium. The receipt of the notification is the confirmation of the already concluded purchase contract and not an additional condition for its conclusion. Bidders who have not submitted the highest bid will not receive any notification.

(6) 3forONE also links to auction platforms of auction houses. In these cases, 3forONE is not the operator of the auction, but exclusively the technical service provider of the auction house operating the auction. The GTC of the auction house operating the auction shall apply in each case.

(7) The contract for the purchase of a horse within the framework of an auction or a sale shall be concluded exclusively between You and the purchaser. By providing the virtual marketplace, 3forONE merely acts as an intermediary. The brokerage commission agreed between the Partner and 3forONE arises with the conclusion of the contract between the Partner and the purchaser, irrespective of whether the contract is executed or, if applicable, subsequently reversed.

 

§  10. Changes to services

 

3forONE reserves the right at any time to change the services provided free of charge on the Portal, to provide new services, whether free of charge or in return for payment, and to discontinue the provision of services that are free of charge.

 

§  11. Content protection and responsibility for third-party content

 

(1) The content provided on the Portal is, for the most part, protected by copyright and other intellectual property rights and is respectively the property of 3forONE, other users or third parties who have made the respective content available. The content as a whole is protected as a database as defined in Sections 4 (2) and 87a (1) of the German Copyright Act. This content may only be used in accordance with these Terms and Conditions of Use and within the specified context of the Portal.

(2) The content on the Portal is provided in part by 3forONE and in part by other users or third parties. Content belonging to users or third parties will hereinafter be referred to as “third-party content”. 3forONE does not verify the completeness, correctness or legality of third-party content and therefore assumes no responsibility whatsoever for third-party content or for ensuring its completeness, correctness and legality. This also applies to the quality of third-party content and its fitness for a particular purpose, as well as where third-party content is provided on linked external websites.

All content on the Portal is third party content, except for that content which is marked with a 3forONE copyright notice.

(3) 3forONE publishes third-party press releases on the  Portal on behalf of third parties. These may be translated automatically, for which 3forONE uses an automated translation service (e.g. Deepl Translate). The translations are marked accordingly. 3forONE does not check translations for completeness, accuracy and legality and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and timeliness of the translation. This also applies with regard to the quality of the translation and its suitability for a specific purpose.

 

IV.  Use of the services on the Portal by you

 

§  12. Scope of permitted use and monitoring of user activity

 

(1) Your right of use is limited to access to the portal and to the use of the services available on the portal within the framework of the provisions of these terms and conditions of participation and use. Depending on the selected subscription, you have the possibility, in addition to publishing contact details, to publish your own pictures, videos or texts and to offer horses for sale or to publish requests to buy.

(2) You are responsible for putting in place any technical requirements necessary for the use of the services in accordance with the terms of the contract. 3forONE is under no obligation to provide advice on this matter.

(3) 3forONE hereby states that the user activity may be monitored to the legally permitted extent. This may also include the recording of IP addresses, conversations and the analysis of such where there are reasonable grounds to believe that there has been a breach of these Terms and Conditions of Use and/or that any illegal usage or criminal offence has taken place.

§  13.  Use of chargeable services

 

(1) 3forONE offers both free and chargeable services on the portal. The retrieval of content (e.g. screen display, print and/or download) may also trigger costs.

The use of the services available within the subscription access is covered by the monthly usage fee.

(2) All fees stated are exclusive of the applicable statutory value added tax.

(3) The fee for the chargeable services used by you will be charged to your payment method specified during registration or before using the service. You can access the invoice for the chargeable services used in your personal area.

(4) In the event of default, 3forONE is entitled to demand further damages in addition to the statutory default interest, if the participant does not prove a lower damage or 3forONE proves a higher damage.

(5) You are only permitted to offset undisputed or legally established counterclaims. You can only assert a right of retention if it is based on the same contractual relationship. In the case of consumers, this only applies to the extent that rights and claims of the consumer arising from or in connection with the exercise of his statutory right of withdrawal are not affected.

 

§  14. Posting of own content on the Portal

 

(1) Where the feature is available on the Portal and subject to the stipulations given below, you may post your own content on the Portal and make it available to third parties.

(2) In posting content, You grant 3forONE the transferable right to use the respective content free of charge, in particular

–   to save the content on 3forONE’s server, publish it and make it publicly available (e.g. by displaying the content on the  Portal)

–   to edit and reproduce it, where required for the provision or publication of particular content, and

–   to also grant third parties the right to use the content posted free of charge in accordance with Section 14.

If the content posted is removed from the  Portal by You, our usage and exploitation rights to no longer apply. However, 3forONE retains the right to store copies for security and/or verification purposes. Any usage rights to the posted content already granted to other Partners or Users will also remain unaffected.

(3) You are wholly responsible for any content you post.

3forONE assumes no responsibility for verifying the content for completeness, correctness, legality, currency, quality or fitness for a particular purpose.

You declare and assure 3forONE that they are the sole owner of all rights to content they post on the Portal, or that they are otherwise entitled (for example, through permission from the rights-holder) to post such content to the Portal and to grant rights of use and exploitation in accordance with subsection 2 above.

(4) You are responsible for the fulfilment of any information, labelling and/or instruction obligations towards potential purchasers or other interested parties (e.g. in accordance with DS-GVO, Art. 246 ff EGBGB, TMG etc.), in particular within the scope of the services and products offered against payment.

(5) 3forONE reserves the right to refuse the posting of content and/or to edit, block or remove already posted content (including private messages and entries on Systembook) without prior notice if the posting of content by the users or the posted content itself has led to a violation of § 15 or statutory provisions or if there are concrete indications that a serious violation of § 15 or statutory provisions will occur.

 

§  15. Usage right for the content provided on the Portal

 

(1) Except where further use is expressly permitted by these Terms and Conditions of Use or the Portal or is enabled by a particular feature of the Portal (e.g. download button),

- You may access and display the content available on the Portal online for personal purposes only. This right of use is limited to the duration of your contractual participation in the Portal;

–   it is prohibited to edit, modify, translate, show, present, publish, exhibit, reproduce or distribute the content available on the  Portal, in whole or in part. It is also prohibited to remove or modify mentions of copyright, logos and any other attributes or protective markings.

(2) You are only entitled to download and print content where the ability to download or print is available as a feature (e.g. a download button) of the Portal.

A non-exclusive usage right for the use of the duly downloaded or printed content for the Partner’s own purposes is granted for an indefinite period.Insofar as the content is provided to you in return for payment, a further prerequisite for this granting of rights is the complete payment of the respective content. All other rights remain with the original rights holder (3forONE or the respective third party).

(3) Your mandatory statutory rights (including reproduction for private and other own use) remain unaffected.

 

§  16. Prohibited activities

 

(1) The services available on the Portal are intended exclusively for non-commercial use by you as a participant. Any use for or in connection with commercial purposes is prohibited unless such use has been expressly permitted by 3forONE in advance and in writing. Unauthorised commercial use includes in particular

- all offers and solicitations of paid content, services and/or products, both your own and those of third parties,

- all offers, advertisements and implementation of activities with a commercial background such as competitions, raffles, barter transactions, advertisements or snowball systems, and

- any electronic or other collection of members' identity and/or contact details (including email addresses) (e.g. for sending unsolicited emails).

(2) Furthermore, the following activities are also prohibited, irrespective of any potential breach of law, in the posting of own content to the Partner Portal or communicating with other Partners or Users (e.g. through the sending of personal messages, participation in discussion forums or creating entries in Systembook):

–   the posting, distributing, offering and solicitation of content, services and/or products that are pornographic, in breach of youth protection law, data protection law and/or any other law

–   the use of content that is offensive or libellous to another Partner or third party

–   the use, provision and distribution without express authorisation of content, services and/or products that are legally protected or encumbered by third-party rights (e.g. copyright)

(3) Furthermore, the following activities are also prohibited, irrespective of any potential breach of law, in the posting of own content to the Partner Portal or communicating with other Partners or Users (e.g. through the sending of personal messages, participation in discussion forums or creating entries in Systembook):

–   the spreading of viruses, Trojans and other harmful files

–   the sending of junk or spam mail or chain letters

–   the distribution of suggestive, indecent, sexually charged, obscene or defamatory content or communications and content or communications that are deemed to be promoting or supporting (whether explicitly or implicitly) racism, bigotry, hatred, physical violence or illegal activities

–   harassment of other Partners or Users, for example by making personal contact multiple times without receiving a response from the other, or promoting or supporting this kind of harassment

–   requesting other  Users to disclose passwords or personal information for commercial or illegal purposes

–   the distribution and/or public communication of content provided on the Portal, insofar as this is not expressly permitted by the respective author or is not expressly provided as a feature of the Partner Portal

(4) Any activity that is capable of adversely affecting the smooth running of the Portal, particularly one that would place an excessive burden on 3forONE’s systems.

(5) Where it is suspected that illegal or criminal activities are taking place, 3forONE is entitled and obliged to verify your activities and take appropriate legal measures. This may also include the forwarding of information to the criminal investigation authorities.

§  17. Blocking of access

 

(1) 3forONE may temporarily or permanently block your access to the Portal if there is concrete evidence that you have been in breach of these Terms and Conditions of Use or the applicable law, or if 3forONE has a legitimate interest in blocking access.

(2) In the case of temporary or permanent blocking, 3forONE will block your access authorisation and notify you of this by e-mail. 

(3) In the case of a temporary blocking, 3forONE reactivates the access authorisation after the blocking period has expired and notifies you of this by e-mail. A permanently blocked access authorisation cannot be restored. Permanently blocked persons are permanently excluded from participation in the Portal and are not allowed to register on the Portal again.

 

V. Processing of your personal data

 

§  18. Data protection requirements

 

(1) It is part of the quality standards of 3forONE to handle the personal data of the participants (this data is hereinafter referred to as "personal data") responsibly. The personal data resulting from your registration on the portal as well as from the use of the available services will therefore only be collected, stored and processed by the service provider insofar as this is necessary for the contractual provision of services and is permitted by legal regulations or ordered by the legislator. 3forONE will treat your personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties.

(2) Beyond this, 3forONE will only use your personal data if you have expressly consented to this. You can revoke your consent at any time.

 

VI. Limitation of liability

 

§  19. Limitation of liability for free services

 

Should you incur damage through the use of services provided free of charge on the portal (including the retrieval of free content), 3forONE shall only be liable insofar as your damage has arisen as a result of the contractual use of the free content and/or services, and only in the event of intent (including fraudulent intent) and gross negligence on the part of 3forONE.

§  20. Liability for chargeable services

 

In the context of the use of chargeable services (including the retrieval of chargeable content) by you, 3forONE shall be liable in accordance with the following provisions:

(1) 3forONE shall be fully liable for any damages caused by it or its legal representatives, senior executives or other agents, whether the result of wilful or gross negligence.

(2) 3forONE shall not be liable where the breach of non-essential contractual obligations is caused by slight negligence. Essential contractual obligations are those whose fulfilment is essential to the proper implementation of the contract and on which the contractual party can reasonably expect to be able to rely. Moreover, 3forONE’s liability for its essential contractual obligations – those “whose fulfilment is essential to the proper implementation of the contract and on which the contractual party can reasonably expect to be able to rely” – in other words, its liability for its main essential contractual obligations in the event of damages caused by slight negligence, is limited to those damages which can be typically expected to arise as part of the particular contractual relationship (damages foreseeable and typical for the contract). This also applies in the case of breaches caused by slight negligence on the part of 3forONE’s legal representatives, senior executives or other agents acting on its behalf.

(3) The above limitation of liability shall not apply in cases of fraudulent intent, personal or bodily harm, warranty infringements or claims arising from product liability.

(4) You agree to release and indemnify 3forONE from all damages and third-party claims (this also extends to the reasonable costs of any legal advice and legal defence) provided that these are linked to a culpable breach of these Terms and Conditions of Use, a violation of third-party intellectual property rights or violation of legal provisions.

 

VII. Miscellaneous

 

§  21. Requirement of the written form

 

Unless otherwise expressly specified in these Terms and Conditions of Use, all statements made within the framework of usage of the Portal are to be submitted in the written form or by email.

§  22. Applicable law

 

These Terms and Conditions of Participation and Use are governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which you have your habitual residence, if you are a consumer, remain unaffected. In dealings with consumers within the European Union, the law of the consumer's place of residence may also be applicable if it is mandatory consumer law.

 

§  23. Court of jurisdiction and place of fulfilment

 

The sole court of jurisdiction for any disputes arising from these Terms and Conditions of Use, where such an agreement regarding the court of jurisdiction is permissible, is where 3forONE has its head office.

If the consumer is not domiciled in a country of the European Union, our place of business shall also be the place of jurisdiction. In all other cases, the statutory place of jurisdiction shall apply.

§  24. Cancellation policy for consumers

 

Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

Cancellation policy for consumers

 

Right of withdrawal

 

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must contact us,

3forONE AG,

Obere Paulistrasse 13

CH-8834 Schindellegi  

SWITZERLAND

Tel. +41 52 5448 888 or e-mail: support@3forone.netzwerk by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.

Model withdrawal form


If you wish to cancel the contract, please complete this form and return it to us:

To:

3forONE AG,

Obere Paulistrasse 13

CH-8834 Schindellegi  

SWITZERLAND

or

e-mail: support@3forone.network

I (we)* hereby revoke the contract concluded by me (us)* as follows

from: ______________________________________

Name: _____________________________________

Address: ___________________________________

___________________________________________

Date, Signature

(*Please delete where not applicable.)

Terms and Conditions of Use of the Partner Portal

 

I. Purpose of the agreement and changes

 

§ 1. Purpose of the Terms and Conditions of Use

 

(1) 3forONE AG (hereinafter referred to as “3forONE”) provides partners with access to a platform (hereinafter referred to as the “Partner Portal”). The Partner Portal serves to provide 3forONE’s partners (hereinafter referred to as “Partners”) with information and the possibility to communicate with registered users (end users) and each other. The Partner Portal will provide Partners with the opportunity to present their services and to network and communicate with other Partners. Properly registered Partners should be able to contact and communicate with each other. The Partners may create individual personal profiles, access content available on the Partner Portal and make use of all other services respectively available on the Partner Portal at the time. Certain features of the Partner Portal are also available for use by end clients (hereinafter referred to as “Users”).

More information about the services is provided in the Service description, Section 7.

(2) These Terms and Conditions of Use govern the provision of services by 3forONE and the use of such services by Partners. Together with the applicable privacy policy, they form the sole basis for use of the Partner Portal provided by 3forONE and the services available therein.

§ 2. Changes to the Terms and Conditions of Use

(1) 3forONE reserves the right to change these Terms and Conditions of Use at any time. These changes will also be applied to existing contracts. 3forONE will notify its Partners about any such changes at least 30 calendar days before they are due to come into force. If Partners do not object within 30 days of receiving such notification and continue to use the services following the expiry of the objection period, the changes will be deemed accepted and valid upon expiry of said period. If an objection is made, the contract will continue to run on the basis of the Terms and Conditions previously agreed. When notifying such a change, 3forONE will refer to the possibility of objection and the consequences of the change.

 

II. Registration for usage, handling access information, termination of usage

 

§ 3. Registration

(1) To use the services provided on the Partner Portal, Partners must first register and log in to the Partner Portal.

(2) Only persons authorised to represent the Partner shall be permitted to register for the Partner Portal, provided the Partner is a legal entity which determines the number of accounts and personal login information for their own employees (hereinafter also referred to as “Partners”) by means of internal authorisation processes.

(3) All contact information and other details requested by 3forONE and provided at the time of registration must be complete and correct.

(4) Once all of the requested information is provided, 3forONE checks it to ensure completeness and credibility. If it deems the information to be correct and does not have any other concerns, 3forONE approves the access request.

(5) 3forONE offers Partners various subscription options. These subscriptions provide access to an extended range of services in exchange for a monthly usage fee. The usage fee for the respective subscription will be indicated during the registration process.

(6) The presentation of 3forONE’s services on the platform does not constitute a binding contractual offer. Contracts between Partners and 3forONE are not in place until an order is placed and accepted by 3forONE. In the event of acceptance, 3forONE sends order confirmation by email. It is expressly stated that the sending of access information to the Partner constitutes a declaration of acceptance.

(7) It is currently possible to conclude a contract in German, English or French.

 

§  4. Responsibility for access information

 

(1) In the course of the registration process, the Partner is asked to specify a username and password. Authorised persons as defined in Section 3 (2) may use these credentials to log in to the Partner Portal. The individual Partner is responsible for ensuring that usernames do not adversely impact the rights of any third parties, particularly rights such as trademarks or brand names, and that they are not offensive in nature.

(2) The access information and password must be stored securely by the Partner and must not be made available to unauthorised third parties.

(3) It is also the Partner’s responsibility to ensure that access to the Partner Portal and usage of the services provided on the Partner Portal is exclusively carried out by the Partner or persons authorised by the Partner. 3forONE must be immediately notified if the Partner suspects that unauthorised third parties have gained access to the access information.

(4) In accordance with statutory provisions, the Partner is responsible for any use of the access information and/or other activities carried out with it.

 

§  5. Updating user data

 

The Partner is required to keep their data (including contact information) up-to-date. In the event that the data provided changes during the term of usage, the Partner must immediately correct the information in the Partner settings of the Portal.

 

§ 6. Termination of usage

 

(1) Use of the Partner Portal is time-limited and may be terminated according to the terms of the respective subscription.

(2) Use of the Partner Portal is no longer possible following termination and cancellation. Access by the Partner is no longer permitted. 3forONE reserves the right to block the username and password when the termination becomes effective.

(3) 3forONE is entitled to permanently delete all data generated in connection with the Partner’s usage of the Partner Portal after 30 calendar days following effective termination, and following the expiry of any statutory time limits for data storage.

 

(4) Cancellation of the subscription contract can be made from 01.07.2022 via the cancellation button in the customer menu on the 3forONE website.

 

III. Portal services and content

 

§  7. Service provision and availability

 

(1) 3forONE provides information and other services on the Partner Portal for use during a time-limited period. Examples of such services include the provision of data, posts, image and sound files, information and other content (hereinafter referred to as “content”) and the possibility to create individual profiles and contact other Partners and Users via private messages.

The content and scope of the services will be determined by the features available on the Partner Portal at the time.

(2) The services provided on the Partner Portal may also include services provided by third parties to which 3forONE merely provides access (for example streaming, photos, etc.). The use of such services may be subject to conditions that deviate from these Terms and Conditions of Use or additional regulations. In this case, 3forONE or the third party shall draw attention to this fact.

(3) 3forONE is responsible for ensuring an average monthly availability of 97% for access and all services. Regular maintenance periods on the Partner Portal are not included in the availability calculation.

(4) Furthermore, entitlement to use the services provided on the Partner Portal can only be ensured where it is technically and operationally possible for 3forONE to do so. 3forONE strives to ensure interruption-free use of its services as far as possible. However, constraints or interruptions may occasionally occur due to technical disruptions (such as power cuts, defective hardware and software, technical problems with data cables), which do not fall under the responsibility of 3forONE.

 

§  8. Sale / Auctions of Horses


(1) 3forONE provides the technical possibilities of an online auction or hybrid auction for sale to potential buyers via the partner platform. This is a virtual marketplace on which horses can be offered by the Partner with the intention of sale and purchased by interested buyers (hereinafter "buyers").

(2) By placing the offered horse in the offer format "Auction", the Partner makes a binding offer to conclude a purchase contract for the acquisition of this horse under the conditions of 3forONE or the auction house operating the auction. The Partner's offer can be accepted within the period determined by the Partner by submitting a bid via the bidding function (in the case of auctions). The bid expires if another bidder submits a higher bid during the bidding period.

(3) A purchase contract for the acquisition of the horse shall be concluded between the Partner and the highest bidder at the end of the auction or in the event of premature termination of the offer.

(4) Registered bidders and interested buyers can submit bids to 3forONE in real time, thereby instructing 3forONE to submit bids on behalf of the bidder. Before a bid is submitted, the content of the bid is summarised on an overview page. The bidder can correct his bid there using the change fields provided. By clicking the button "Submit Bid", the bidder submits a binding bid to the Organiser for the conclusion of a purchase contract. After placing the bid, the bidder receives an automatically generated e-mail from 3forONE or the organising auction house confirming receipt of the bid by the organiser or 3forONE and stating its details (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of the contract, but only the confirmation of participation in the auction with the bid placed. Each bid made by a bidder is subject to the condition precedent of the submission of a higher bid. The respective bidder is bound by the bid submitted until the end of the bidding period. Bids that are below the minimum bid will not take part in the auction, even if the Organiser does not receive a higher bid by the end of the auction. The highest bid in each case shall be published.

(5) Notification of the conclusion of the contract in the case of an auction: The bidder who has submitted the highest effective bid at the end of the auction shall be notified of this in text form by e-mail or by other means on a durable data medium. The receipt of the notification is the confirmation of the already concluded purchase contract and not an additional condition for its conclusion. Bidders who have not submitted the highest bid will not receive any notification.

(6) 3forONE also links to auction platforms of auction houses. In these cases, 3forONE is not the operator of the auction, but exclusively the technical service provider of the auction house operating the auction. The GTC of the auction house operating the auction shall apply in each case.

(7) The contract for the purchase of a horse within the framework of an auction or a sale shall be concluded exclusively between the Partner and the purchaser. By providing the virtual marketplace, 3forONE merely acts as an intermediary. The brokerage commission agreed between the Partner and 3forONE arises with the conclusion of the contract between the Partner and the purchaser, irrespective of whether the contract is executed or, if applicable, subsequently reversed.

 

§  9. Changes to services

 

3forONE reserves the right at any time to change the services provided free of charge on the Partner Portal, to provide new services, whether free of charge or in return for payment, and to discontinue the provision of services that are free of charge.

 

§  10. Content protection and responsibility for third-party content

 

(1) The content provided on the Partner Portal is, for the most part, protected by copyright and other intellectual property rights and is respectively the property of 3forONE, other Partners or third parties who have made the respective content available. The content as a whole is protected as a database as defined in Sections 4 (2) and 87a (1) of the German Copyright Act. This content may only be used in accordance with these Terms and Conditions of Use and within the specified context of the Partner Portal.

(2) The content on the Partner Portal is provided in part by 3forONE and in part by other Partners or third parties. Content belonging to partners or third parties will hereinafter be referred to as “third-party content”. 3forONE does not verify the completeness, correctness or legality of third-party content and therefore assumes no responsibility whatsoever for third-party content or for ensuring its completeness, correctness and legality. This also applies to the quality of third-party content and its fitness for a particular purpose, as well as where third-party content is provided on linked external websites.

(3) 3forONE publishes third-party press releases on the partner portal on behalf of third parties. These may be translated automatically, for which 3forONE uses an automated translation service (e.g. Deepl Translate). The translations are marked accordingly. 3forONE does not check translations for completeness, accuracy and legality and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and timeliness of the translation. This also applies with regard to the quality of the translation and its suitability for a specific purpose.

§  11. Scope of permitted use and monitoring of user activity

 

(1) The usage rights are limited to accessing the Portal and to the use of the services provided on the Portal as set out in the provisions of these Terms and Conditions of Use.

(2) Partners are responsible for putting in place any technical requirements necessary for the use of the services in accordance with the terms of the contract. 3forONE is under no obligation to provide advice on this matter.

(3) 3forONE hereby states that the user activity of the Partners’ users may be monitored to the legally permitted extent. This may also include the recording of IP addresses, conversations and the analysis of such where there are reasonable grounds to believe that there has been a breach of these Terms and Conditions of Use and/or that any illegal usage or criminal offence has taken place.

§  12. Creation of user profiles

 

(1) Where it is available as a feature of the Partner Portal, Partners may create individual profiles in accordance with these Terms and Conditions of Use.

(2) As a general rule, 3forONE does not verify the identity of profile owners or the information in the user profiles. 3forONE thus assumes no responsibility for ensuring that the profile owner is indeed the rightful owner and not someone impersonating them.

 

 

§  13. Posting of own content on the Portal

 

(1) Where the feature is available on the Partner Portal and subject to the stipulations given below, Partners may post their own content on the Portal and make it available to third parties.

(2) In posting content, Partners grant 3forONE the transferable right to use the respective content free of charge, in particular

–   to save the content on 3forONE’s server, publish it and make it publicly available (e.g. by displaying the content on the Partner Portal)

–   to edit and reproduce it, where required for the provision or publication of particular content, and

–   to also grant third parties the right to use the content posted free of charge in accordance with Section 14.

If the content posted is removed from the Partner Portal by the Partner, our usage and exploitation rights to no longer apply. However, 3forONE retains the right to store copies for security and/or verification purposes. Any usage rights to the posted content already granted to other Partners or Users will also remain unaffected.

(3) Partners are wholly responsible for any content they post. 3forONE assumes no responsibility for verifying the content for completeness, correctness, legality, currency, quality or fitness for a particular purpose.

Partners declare and assure 3forONE that they are the sole owner of all rights to content they post on the Portal, or that they are otherwise entitled (for example, through permission from the rights-holder) to post such content to the Portal and to grant rights of use and exploitation in accordance with subsection 2 above.

(4) The Partner is responsible for the fulfilment of any information, labelling and/or instruction obligations towards potential purchasers or other interested parties (e.g. in accordance with DS-GVO, Art. 246 ff EGBGB, TMG etc.), in particular within the scope of the services and products offered against payment.

(5) 3forONE reserves the right to refuse the posting of content and/or to edit, block or remove already posted content (including private messages and entries on Systembook) without prior notice if the posting of content by the Partner or the posted content itself has led to a violation of § 15 or statutory provisions or if there are concrete indications that a serious violation of § 15 or statutory provisions will occur.

 

§  14. Usage right for the content provided on the Portal

 

(1) Except where further use is expressly permitted by these Terms and Conditions of Use or the Partner Portal or is enabled by a particular feature of the Portal (e.g. download button),

–   it is prohibited to edit, modify, translate, show, present, publish, exhibit, reproduce or distribute the content available on the Partner Portal, in whole or in part. It is also prohibited to remove or modify mentions of copyright, logos and any other attributes or protective markings.

(2) The Partner is only entitled to download and print content where the ability to download or print is available as a feature (e.g. a download button) of the Partner Portal.

A non-exclusive usage right for the use of the duly downloaded or printed content for the Partner’s own purposes is granted for an indefinite period. All other rights remain with the original rights holder (3forONE or the respective third party).

 

§  15. Prohibited activities

 

(1) Any activity on or in connection with the Partner Portal that is in breach of the applicable law, injures the rights of third parties, or contravenes the basic principles of youth protection, is prohibited. In particular, the following activities are prohibited:

–   the posting, distributing, offering and solicitation of content, services and/or products that are pornographic, in breach of youth protection law, data protection law and/or any other law

–   the use of content that is offensive or libellous to another Partner or third party

–   the use, provision and distribution without express authorisation of content, services and/or products that are legally protected or encumbered by third-party rights (e.g. copyright)

(2) Furthermore, the following activities are also prohibited, irrespective of any potential breach of law, in the posting of own content to the Partner Portal or communicating with other Partners or Users (e.g. through the sending of personal messages, participation in discussion forums or creating entries in Systembook):

–   the spreading of viruses, Trojans and other harmful files

–   the sending of junk or spam mail or chain letters

–   the distribution of suggestive, indecent, sexually charged, obscene or defamatory content or communications and content or communications that are deemed to be promoting or supporting (whether explicitly or implicitly) racism, bigotry, hatred, physical violence or illegal activities

–   harassment of other Partners or Users, for example by making personal contact multiple times without receiving a response from the other, or promoting or supporting this kind of harassment

–   requesting other Partners or Users to disclose passwords or personal information for commercial or illegal purposes

–   the distribution and/or public communication of content provided on the Partner Portal, insofar as this is not expressly permitted by the respective author or is not expressly provided as a feature of the Partner Portal

(3) Any activity that is capable of adversely affecting the smooth running of the Partner Portal, particularly one that would place an excessive burden on 3forONE’s systems.

(4) Where it is suspected that illegal or criminal activities are taking place, 3forONE is entitled and obliged to verify these activities and take appropriate legal measures. This may also include the forwarding of information to the criminal investigation authorities.

§  16. Blocking of access

 

(1) 3forONE may temporarily or permanently block access to the Partner Portal if there is concrete evidence that there has been a breach of these Terms and Conditions of Use or the applicable law, or if 3forONE has a legitimate interest in blocking access.

(2) In the event of temporary or permanent blocking, 3forONE blocks access and notifies the Partner of such by email.

(3) In the event of temporary blocking, 3forONE reactivates access after the blocking period and notifies the Partner of such by email. Once access has been permanently blocked, it cannot be restored. Permanently blocked users are permanently excluded from use of the Partner Portal and may not register for the Partner Portal again.

 

IV. Processing of personal data

 

§  17. Data protection requirements

 

(1) The personal data of other Partners or Users are processed by 3forONE and the Partner in connection with the Partner’s or User’s use of the services provided on the Partner Portal. 3forONE and the Partner determine the means and purposes of these processing operations, details of which are provided below, each acting on their own authority.

(2) 3forONE is responsible for processing Partners’ and Users’ personal data in connection with their registration to use the Portal, the provision of services on the Partner Portal and the availability of services on the Partner Portal. The data subject to processing which form the legal basis of these Terms and Conditions of Use of the Partner Portal are the master data of the Partners and Users and their IP addresses.

(3) The Partner is responsible for processing personal data in the context of communicating and making contact with each other and other Users.

(4) 3forONE and the Partner will ensure that only personal data that are required for legitimate processing for a particular cause by the parties concerned will be collected. They will otherwise observe the principle of data minimisation.

(5) The Parties agree to inform Users about the data they require for their operations as per Articles 13 and 14 of the GDPR in precise, transparent, understandable and easily accessible forms using clear and simple language, free of charge.

(6) 3forONE and the Partner have individual responsibility for ensuring that they comply with all applicable legal requirements for data retention. They must take appropriate data protection measures in this regard.

V. Liability

 

(1) 3forONE shall be fully liable for any damages caused by it or its legal representatives, senior executives or other agents, whether the result of wilful or gross negligence.

(2) 3forONE shall not be liable where the breach of non-essential contractual obligations is caused by slight negligence. Essential contractual obligations are those whose fulfilment is essential to the proper implementation of the contract and on which the contractual party can reasonably expect to be able to rely. Moreover, 3forONE’s liability for its essential contractual obligations – those “whose fulfilment is essential to the proper implementation of the contract and on which the contractual party can reasonably expect to be able to rely” – in other words, its liability for its main essential contractual obligations in the event of damages caused by slight negligence, is limited to those damages which can be typically expected to arise as part of the particular contractual relationship (damages foreseeable and typical for the contract). This also applies in the case of breaches caused by slight negligence on the part of 3forONE’s legal representatives, senior executives or other agents acting on its behalf.

(3) The above limitation of liability shall not apply in cases of fraudulent intent, personal or bodily harm, warranty infringements or claims arising from product liability.

(4) The Partner agrees to release and indemnify 3forONE from all damages and third-party claims (this also extends to the reasonable costs of any legal advice and legal defence) provided that these are linked to a culpable breach of these Terms and Conditions of Use, a violation of third-party intellectual property rights or violation of legal provisions.

VI. Miscellaneous

 

§  18. Requirement of the written form

 

Unless otherwise expressly specified in these Terms and Conditions of Use, all statements made within the framework of usage of the Partner Portal are to be submitted in the written form or by email.

§  19. Applicable law

 

These Terms and Conditions of Use are governed by Swiss law and are not subject to the CISG (United Nations Convention of Contracts for the International Sale of Goods).

 

§  20. Court of jurisdiction and place of fulfilment

 

The sole court of jurisdiction for any disputes arising from these Terms and Conditions of Use, where such an agreement regarding the court of jurisdiction is permissible, is where 3forONE has its head office.

The place of fulfilment is Schindellegi.

 

 

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