Terms of Service

 

Welcome to Openlands! We operate a marketplace which allows you to buy or sell day hunts using our website. Have a good time and please remember our house rules.

 

  1. Introduction

1.1 Welcome to the Openlands platform (the ‘Site’). We’ll refer to our website and other Services as our “Services”, and Openlands will be addressed individually or collectively as “Openlands”, “we”, “us”, or “our”. Do read through the following Terms of Service carefully before using the Site or any of our Services. By accessing the Openlands website, you are agreeing to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the aforementioned website. The materials contained on that website are protected by applicable copyright and trademark law. The Terms are here for you, so that you are aware of your legal rights when using our Services.

 

1.2 This document and any documents referred to within it will collectively make up the ‘Terms of Service’.

 

1.3 Our “Services” include (a) the Site, (b) the mobile application for landowners and hunters (the “App”), (c) the Services provided by the Site, (d) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application Services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be “Your Content”. Your Content includes your usernames, estate names, profile pictures, listing photos, listing description, reviews, comments, videos etc.

 

1.4 Our Services include an online platform service that provides a place and opportunity for the sale of day hunts between the Buyer (“Buyer” or “Hunter”) and the Seller (“Seller” or “Landowner”), collectively known as “Users” or “Parties”. The actual contract for a sale is directly between the Buyer and the Seller. We are not a party to that contract or any other contract between Buyer and Seller. Parties to the transaction will be entirely responsible for the sales contract between them in accordance with the listing of the day hunts. As such, We accept no obligations in connection to the contractual obligation between Buyer and Seller. However, if you have issues with your order, we may step in to help (refer to section 10). We do not pre-screen Users and any of Your Content.

 

1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work and cannot be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire Site or Service at our sole discretion without notice or liability.

 

1.6 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.

 

  1. Privacy

2.1 We know your personal information is important to you, so it’s important to us. Our Privacy policy details how your information is used when you use our Services. When using our Services or providing information on the Site, you consent to Our collection, use, disclosure, and processing of Your Content and personal data as described in the Privacy Policy.

 

2.2 Users in possession of another User’s personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.

 

  1. Your Account

3.1 You’ll need to create an account with Us to use some of our Services. Here are a few rules about accounts with Us:

 

3.1.1 You must be 16 years or older to use our Service.

 

3.1.2 Be honest with us and provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.

 

3.1.3 You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person’s name on the account will ultimately be responsible for all activity. If you’re registering as a business entity such as estate, restaurant or other, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

 

3.1.4 As we’ve mentioned above, you’re solely responsible for any activity on your account, so remember to keep your login and password secure.

 

  1. Limited License

4.1 We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Openlands and where applicable, third party proprietors identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.

 

  1. Your Content

5.1 Content that you post using our Services is your content. This includes usernames, estate names, profile pictures, listing photos, listing descriptions, reviews, comments, video, etc.

 

5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you’re not infringing or violating any third party’s rights by posting it.

 

5.1.2 By posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.

 

5.1.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us on legal@openlands.eu. If your Content infringes another person’s intellectual property, we will remove it if we receive proper notice.

 

5.1.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.

 

  1. Your Use of Our Services

6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you.

 

6.2 As a “Seller” you are responsible for paying all fees that you owe to us. You are also solely responsible for collection and paying any applicable taxes and duties in your country for sales you make through our Services.

 

6.3 You agree not to attempt to obtain source code of the Services. You agree to not interfere with or disrupt/harm our Services.

 

6.4 Violations of this policy may if deemed necessary by us result in a range of actions, including but not limited to the following: listing deletion, account suspension or legal action.

 

6.5 If you believe a User on our Site is violating these terms, please contact us on legal@openlands.eu.

 

6.6 Openlands reserves the right to cancel, revoke or reverse orders due to Sellers or Buyers misconduct, erroneous utilisation by the user or any technical errors on the site.

 

  1. Purchase and Payment

7.1 Currently we only support Credit Card payments and MobilePay. These payments are processed through third-party payment channels and may vary depending on the jurisdiction you are in.

 

7.2 All sales on the platform are binding.

 

7.3 When Buyer has paid the fee for the day hunt, the hunt is formally booked. The day hunt fee is also a deposit and can not be refunded if the buyer is unable to attend the hunt.

 

  1. Commission

8.1 The Buyer of a day hunt including shot game and any other accompanying item will pay us a commission per item sold (excluding taxes). For any transactions made on our Site, Openlands computes taxes and includes these in the selling price displayed on our Site. This varies depending on your location as well as your Seller’s location.

 

8.2 Openlands commission and taxes applicable to our service will be held and paid by Openlands before settling payment into Seller account.

 

8.3 All third-party payment channels will charge users an additional fee for payment processing. This fee will be dependent on Seller’s location as well as your Buyer’s location. All payment processing fees imposed by third party payment providers will be levied on the Seller.

 

  1. Seller’s Responsibilities

9.1 Sellers must properly manage their offering and ensure the accuracy of relevant information such as the description of hunting area, price and details of animals (“Game”) that may be hunted on Sellers hunting area are accurate and in accordance with local rules and regulations. Seller must not post inaccurate or misleading information.

 

9.2 The pricing of day hunts and Game are determined by the Seller at his/her own discretion. The price displayed on the Site may vary depending on Seller’s and Buyer’s location. Sellers are responsible for declaring and adding applicable local taxes in the jurisdiction where the day hunts are sold.

 

9.3 Sellers are obligated to make the day hunt available for the Buyer as described in the listing of the day hunt on our Site unless there is an exceptional circumstance. If there is an exceptional circumstance, the Seller is obliged to contact the Buyer through legal@openlands.eu to arrange for full reimbursement of the purchase price or rearranging the day hunt for a different time.

 

  1. Disputes with Other Users

10.1 If you find yourself in a dispute with another User of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

 

10.2 Should you be unable to resolve the dispute between you and another User, we may step in to help resolve the dispute. If you would like us to get involved, please contact us on legal@openlands.eu and provide the details of the transaction and nature of the dispute. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.

 

10.3 Whether you are a Buyer or a Seller, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request. Such requests will be directed to your designated email address. If we are unable to get a response from you, we may close the investigation or determine that the investigation has been resolved in favour of the other party.

 

10.4 Disputes as a Buyer

 

10.4.1 You may raise a dispute where the ‘the Seller did not have legal authority to sell a day hunt on the hunting area’ or where the ‘hunting area significantly differs from the description provided by Seller’ and the Seller is not responding to any of your attempts to communicate.

 

10.4.2 You may pursue a report about a transaction or contact your credit card provider to pursue any chargeback options that may be available to you from your credit card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with us and subsequently file a chargeback with your card provider, we will close your report.

 

10.4.3 If you have received a refund/exchange from the Seller, you may not report that transaction.

 

10.4.4 If the ‘hunting area significantly differs from the description provided by Seller’ and both parties cannot agree as to the difference between the hunt that was sold and what was described, we will make a fair decision based on all the information we hold about the hunting area. We will exercise our decision-making authority based on numerous factors, which include the description of the hunting area at the point of purchase, communications between Buyer and Seller as well as any documentation provided. All decisions made by us are final. 

 

10.5 Disputes as a Seller

 

10.5.1 As a Seller, we encourage you to communicate actively with your Buyer especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your Buyers in order to avoid any unnecessary disputes. As a Seller you accept that we share your contact information with your Buyers to facilitate responding to direct inquiries and/or disputes.

 

10.5.2 For ‘hunting area significantly differs from the description provided by Seller’ disputes, we will be reviewing the hunting area description and images that were provided at the time of purchase. If both parties cannot agree as to the difference between the hunting area that was sold and what was described, we will make a fair decision based on all the information we hold about the hunting area. We will exercise our decision-making authority based on numerous factors, which include the description of the hunting area at the point of purchase, communications between you and the Buyer as well as any documentation provided. All decisions made by us are final.

 

10.5.3 If the Buyer attempts to pursue any chargeback options, we will close the dispute in order to prevent double recovery.

 

  1. Disputes with Us

11.1 If you are upset with us, please let us know on legal@openlands.eu and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:

 

11.1.1 Governing Law. The Openlands’s local laws govern the Terms of Service. The local laws are the laws for Denmark as the location of Openlands’s incorporation, as well as the laws of Seller and Buyer countries. These laws apply no matter where in the world you live.

 

11.1.2 You agree that any dispute or claim between you and Openlands including arising from the Terms will be settled in Denmark by Danish courts.

 

  1. Changes to the Terms

12.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and Services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.

 

12.2 We may revise the Terms of Service, but the most current version will always be at this link.

 

12.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.

 

12.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.

 

  1. Prohibited Items / Services

13.1 It is the Seller’s responsibility to ensure that their proposed day hunt (including all items or services that may be sold as part of the day hunt) complies with all laws and is allowed to be listed for sale in accordance with local laws of the marketplace’s availability or incorporation.

 

13.2 If an item or service is found to be in violation of this policy, we may subject the Seller to a range of adverse actions, including listing deletion, account suspension, account termination and legal action.

 

13.3 If you see a listing that violates our policies, please contact us on legal@openlands.eu.

 

  1. Contact, feedback and complaints

14.1 If you need to contact us, please click on contact us for our contact details or use any of the above emails. We value hearing from our Users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

 

  1. Indemnification

15.1 You agree to defend, indemnify and hold harmless Openlands and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.

 

  1. No Warranty

16.1 The service is provided on an “as is” and “as available” basis without any warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Openlands is not responsible for any third-party content that you download, purchase or otherwise obtain through the use of the service or for any damage or loss of data that may result. We do not warrant, endorse, guarantee, or assume responsibility for any third-party application or service that provides access to our service.

 

  1. Limitation of Liability

17.1 To the maximum extent permitted by law, in no event shall Openlands, its affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, data or other intangible losses that result from the use of, or inability to use, the service, whether or not Openlands has been warned of the possibility of such damages and even if a remedy fails of its essential purpose.

 

  1. Entire Agreement; Severability; Waiver

18.1 These Terms constitute the entire agreement between you and Openlands concerning the Service and replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an uenforceable term will be substituted reflecting as closely as possible our original intent. Openlands’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

 

  1. Assignment

19.1 These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

 

  1. Acceptable Use of the Service

20.1 You may not: access, tamper with, or use non-public areas of the Service, Openlands’s computer systems, or the technical delivery systems of Openlands’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure; access or search the Service by any means other than Openlands’s publicly supported interfaces (for example, “scraping”); attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human User during the same period of time); interfere with or disrupt the access of any User, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

 

  1. Openlands hunting specific rules 

21.1 If shot game falls onto land not owned by the Landowner, the Landowner must be contacted. If the owner of the land where the game has fallen wants to keep the game, the Hunter shall not pay for the game/meat. As such, the Hunter shall only pay for game/meat that he gets to keep. 

 

21.2 Wounded game that is not found, is paid for in full by the Hunter.

 

21.3 The Hunter may be accompanied by observing guests, who do not participate in the hunt (excluding hunters, clappers and dog handlers) unless the Landowner has specified otherwise.

 

21.4 The Hunter is not permitted to sublease a hunt bought via Openlands’ platform.

 

  1. Openlands guiding rules for ethical hunting and game preservation

22.1 The items covered in this section 22. of these Terms of Service are meant as a guide, which sets out what we believe to be a few essential points on the best practices for hunters and landowners with regards to hunting and game preservation.

 

22.2 Show respect for all wildlife and nature itself and take responsibility for game management and nature conservation.

 

22.3 Be respectful of Landowners, hunters, neighbours and the general public.

 

22.4 Shoot only as much game as you can eat.

 

22.5 Landowners should not rent out hunting in an area that is too small to support its own game population, since this will support a more sustainable game population.

 

22.6 We encourage neighbouring Landowners to coordinate hunts across their respective hunting areas (either by arranging hunts together, or by agreeing on hunting intensity), in order to disturb the game as little as possible and to secure a sustainable game management.

 

22.7 Do not hunt in the same area too often. The game should not be subjected to disturbing forms of hunting (driven hunt) more than 3-4 times per season. As such, there should be at least 3 weeks between each hunt on the same location. For bird hunting there should also be an interval of at least 2-3 weeks in between each hunt.

 

22.8 Do not hunt more in an area than the game population can withstand, such that you only shoot the natural surplus of the game population in a given area.

 

22.9 Leave nature in the same condition as you found it. Take with you all waste including gun shells. Hunting should not leave any trace in nature after you leave.