Terms and Conditions

Last updated: 2023-11-01

1. INTRODUCTORY PROVISIONS

1.1 These Terms of Use ("Terms", "Terms of Use") are a binding legal agreement between you and Hektara AB governing your right to use the websites, applications and other offerings of Hektara AB (collectively, "Hektar's services" or "service", the "service", "services"). When used in these Terms, "Hektar", "we", "us" or "our" refers to Hektara AB.

1.2 Hektar offers an advertising service that enables users ("Members", "Member") to publish, offer, search for and book Hunting. Members who publish and offer services are "Landowners" and Members who search for, book or use Hektar's services are "Hunters". Landowners offer hunting ("Hunting").

1.3 These terms are provided by Hektara AB (organisation number 559375-7429) for Hektar. The terms concern the services that Hektar offers its Members. By using Hektar's services, you accept the Terms.

1.4 The requirement for using the services is that the Member is 18 years or older. Hektar reserves the right to revoke a Member's right to use the services if they violate the Terms or any other agreement made by Hektar.

2. CONDITIONS FOR LANDOWNERS

2.1 When you accept a booking request, or receive a booking confirmation via Hektar, you enter into a contract directly with the Hunter and are responsible for delivering the Hunt according to the Terms and at the price stated in your advert and otherwise the agreement entered into with the Hunter. You also agree to pay applicable fees such as Hektar's service fee (and applicable taxes) for each booking. Hektar's payment service will deduct the amount you owe from your payment unless we and you agree on another method. Any terms and/or conditions that you include in a supplemental agreement with Hunters must comply with the Terms.

2.2 Hektar provides you with tools that make it easy for you to place an advertisement for Hunting. Advertising on Hektar's platform is done by Members and thus constitutes Member-generated content. The landowner who publishes an ad is solely responsible for the information in the ad. This includes that the information is valid and that the Landowner has the right to grant Hunting on the land in question, which is why it is incumbent on the Landowner to ensure that he or she has the right to grant Hunting on the land in question.

The Landowner further undertakes to publish advertisements that correspond as far as possible to the actual conditions on the land and not to abuse or otherwise deceive Members with his advertisement. Furthermore, the Landowner undertakes that the advertisement complies with current laws and regulations. Should information in an advertisement prove to be misleading or directly incorrect, the publishing Member is solely responsible.

2.3 The landowner also undertakes not to use copyrighted material in his advertisement or material where it is possible to identify persons who have not authorized the use of the material. Furthermore, images published with an advertisement must be relevant to the advertisement. Landowners are responsible for understanding and complying with all applicable laws, rules, regulations and agreements with third parties and Hunters.

2.4 The advertisement must be written in Swedish or English. It is not permitted in the advertisement to market other hunting agency services or otherwise link to competing activities for Hektar. The advertisement may not contain text or images that can be considered offensive or insulting.

2.5 Hektar has the right, without prior notice or explanation, to suspend Landowners from the service if it is misused. Grounds for suspension include - but are not limited to - posting misleading or false advertisements, using Hektar's service for purposes other than the purpose expressed by Hektar, or otherwise interfering with other Members' use of the service.

2.6 Landowners are required to report their income to the Swedish Tax Agency and thereby fulfil any tax liability that arises or may arise from the use of Hektar's services.

2.7 By using Hektar's service, Landowners accept Hektar's Privacy Policy, which can be found at www.hektar.se/terms/privacy.

3. CONDITIONS FOR HUNTERS

3.1 As a Hunter, you are responsible for complying with the Terms of Use as well as agreements concluded between you as a Hunter and the Landowner. Fees and compensation to which the Landowner is entitled in accordance with the contract, agreement or otherwise of these Terms of Use are the responsibility of the Hunter to pay to the Landowner.

3.2 Should you incur liability under the agreement for a damaging act or otherwise violate the Landowner's instructions, it is your responsibility to pay the amount necessary to cover the damage or fulfil your commitment.

3.3 Hunters undertake not to use Hektar's service solely for the purpose of finding Hunt(s), without subsequently booking these through Hektar's service. In the event that a Hunter finds a Hunt via the platform and then agrees with the Landowner on compensation for the Hunt outside the platform (i.e. bypasses booking and payment via Hektar, and applies regardless of the amount of compensation), the Hunter shall pay Hektar the commission that would have been paid had the Hunt been booked via Hektar. This applies regardless of whether the Hunter has previously booked Hunt(s) with the Landowner in question, before the Landowner entered into an agreement with Hektar, as long as it concerns a Hunt mediated by Hektar.

In the event that an individual Hunter books (and bypasses Hektar's service) a Hunt in which more than the Hunter participates, commission shall be paid for all the Hunters in that party. This condition shall apply (i) for one year after the Hunter first booked a Hunt through Hektar or (ii) Hektar has reasonable grounds to believe that the Hunt was found through the platform but booked outside, and shall be renewed one year at a time for each Hunt booked. To the commission shall be added default interest of 8 per cent above the government borrowing rate as it was on the date the Hunt took place.

3.4 Hektar has the right, without prior notice or explanation, to suspend Hunters from the service if it is misused. Grounds for suspension include - but are not limited to - repeatedly booking Hunts and then cancelling them, thereby misleading Landowners, using Hektar's service for purposes other than the purpose expressed by Hektar, or otherwise interfering with other Members' use of the service.

3.5 By using Hektar's service, Landowners accept Hektar's Privacy Policy, which can be found at www.hektar.se/terms/privacy.

4. COMMUNICATION

4.1 Hektar enables Members to communicate with each other, both directly and through a forum service. This communication between two Members is not controlled by Hektar. Members are responsible for the information they provide about themselves and the contact they initiate with, and the messages they send to other Members.

4.2 In the event of legal disputes or criminal cases between two or more Members, you as a Member accept that Hektar has no responsibility in the matter, either directly or indirectly. By using Hektar's services, you accept that you take full responsibility for your actions, and that you cannot hold Hektar or representatives of Hektar responsible for the actions of you or other Members.

4.3 By using Hektar's service, you understand and accept that, as Members themselves provide information about themselves, this information may be inaccurate, offensive, misleading, abusive and/or harmful. In addition, Members may be created who pretend to be someone or something they are not. Use common sense and good judgment when using Hektar's services and interacting with other Members.

4.4 Regarding points 4.2 and 4.3, reference is also made to 7.1-7.4 regarding Hektar's liability.

5. REVIEWS

5.1 After each completed Hunt, Landowners and Hunters will have the opportunity to review each other by giving each other ratings. These must be accurate and must not contain any discriminatory, offensive, defamatory or other language that could be considered derogatory or inappropriate. Reviews are not verified by Hektar for accuracy and may be inaccurate or misleading. The Landowner or Hunter should strive to provide reviews that are as honest and fact-based as possible.

6. RIGHT OF WITHDRAWAL AND CANCELLATION

6.1 The main rule when buying goods or services through a digital medium is that you as a consumer have a 14-day right of withdrawal from the time the contract is confirmed.

6.2 The service that the Landowner provides through Hektar is Hunting and thus constitutes a leisure activity. For such types of services, the right of withdrawal is excluded, i.e. you as a Hunter cannot withdraw from the agreement after you have received final confirmation that the booking has been accepted by Hektar.

6.3 You as a Hunter are though entitled to cancel the service. However, Hektar and/or the Landowner reserves the right to reasonable compensation for his/her legitimate and justified costs arising from the cancellation. The compensation is primarily based on the time of the cancellation. Hektar / Landowner may set reasonable standardised cancellation fees.

6.3.1 The standard cancellation fee is based on the amount stated in the booking confirmation (the "Fee"), which is;

(i) At least 30 percent of the Fee for cancellations up to 7 days before the Hunt;
(ii) at least 50 per cent of the Fee for cancellations up to 48 hours before the Hunt; and

(iii) 100 percent of the Fee for cancellations later than 48 hours before the Hunt.

6.3.2 In the event that the Hunter finds a replacement approved by the Landowner in a reasonable time before the Hunt, the standardised cancellation fee does not apply.

6.4 If you want to cancel the service, you must send Hektar a clear and unambiguous notice of your decision to cancel the service and withdraw from the agreement. This is best done by e-mail to booking@hektar.se or through the "Cancel" function on the website.

6.5 State which booking it concerns, your name and contact details and that you wish to cancel the agreement.

7. HEKTAR'S ROLE AND LIABILITY

7.1 We offer Landowners and Hunters the right to use a platform that allows Members to publish, offer, search for and book Hunts. When Members accept a Hunt, they enter into a contract directly with each other. Hektar is not and does not become a party to or other participant in any contractual relationship between Members.

7.2 Although we work hard to ensure that our Members have good experiences with Hektar, we do not and cannot control the behavior of Hunters and Landowners and do not guarantee:
(i) the existence, quality, safety, suitability or legality of any advertisements or hunting services; or
(ii) the truth or accuracy of any descriptions, reviews or other content provided by Members.

7.3 You acknowledge that Hektar has no general obligation to monitor the use of Hektar's services and verify information provided by our Members. We further have the right to review, disable access to, remove or edit content in order to:
(i) operate, secure and improve Hektar's services (including to prevent fraud);
(ii) ensure that Members comply with these Terms;
(iii) comply with any applicable law or any order or requirement of a court, law enforcement or other administrative authority or governmental body;
(iv) redress Member content that we believe is harmful or offensive;
(v) take any action specified in these Terms;
(vi) maintain any quality or eligibility criteria, including by removing listings that do not meet quality and eligibility criteria; and
(vii) remove content, such as reviews, profiles and images that Hektar considers to be false or misleading.

7.4 When we remove or disable content, we will notify the Member concerned and give the reasons for the action.

CONTACT

If you have any questions about the Terms and Conditions or any other questions, you are welcome to contact us at policy@hektar.se.

See also Hektar's right of use agreement