Terms of Service

Equine Organiser., owns and operates the websites located at:

www.equineorganiser.com

(“website”), and any subdomains used in connection with or related to the same, and the mobile applications (the “app”).These terms of service apply to all users of the website, including users who upload any materials to the website, users who use services provided through this website, users who download the app and users who simply view the content on or available through this website.

You must be at least eighteen (18) years old to use the website and app. by using this website and/or the app you indicate your acceptance of these terms of service. if you do not accept these terms of service, then do not use the app or this website or any of their content or services. these terms of service may be amended or updated by Equine Organiser from time to time without notice and the terms of service may have changed since your last visit to this website.

It is your responsibility to review these terms of service for any changes. Your use after any amendments or updates of these terms of service shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this website from time to time will be subject to these terms of service, unless stated otherwise. You should visit this page periodically to review these terms of service.

If you are accepting these terms of service on behalf of a company, corporation or other entity, you represent and warrant that you have the necessary right and authority to enter into these terms of service on behalf such company, corporation or entity and to bind such company, corporation or entity to these terms of service.

1. The Service.The (“Service”) means the web based services that Equine Organiser makes available through the app or directly through the website. Our Service is provided to business customers who have registered for an account with us (“Account Owners”). Account Owners are individual, company, corporation or business entity. Each Account Owner has a default (“Primary User”) responsible for managing the account.
2. Registration. You must provide your full legal name, a valid email address and any other information requested in order to complete the signup process. Any personal information provided by you as part of the sign up process for the Service will be used and stored in accordance with the Equine Organiser Privacy Policy. We also collect email addresses from any Users of the Service that downloads content from the Website. If you register for the Service on behalf of a business organization, that business organization will be the legal and beneficial account owner. For the purpose of these Terms of Service, regardless of whether you register for an account as an individual, or on behalf of an organization, the billing contact person will be the Primary User for the Account Owner. The Primary User is the administrator and will have certain rights within the account, including the right to cancel the account, delete information from the account and add other users. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc. Equine Organiser retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account Owner, Equine Organiser reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
3. Fees, Payments, Refunds, Upgrading and Downgrading. Information on the current fees for users who are registered for the Services can be found in the Subscription section of Your account. If you are a new User or prospective User of the Service and would like more information about our pricing models and products, please see our pricing page, located at https://equineorganiser.com/pricing/ From time to time, we may offer a free trial of the Service, in our sole discretion. A valid credit card or registering with stripe is required for paying accounts.
4. 1. Payment Services Features. If you register for third party payment service providers depending upon your country, they will be able to process credit card or ACH / Direct Debit payments through your account with them, process payment refunds, and allow your end users to process payment via email.  The third party payment service providers will also store and manage end user credit cards, permit you to view transactions, deliver automated receipts, receive notification of payment disputes.
   2. Accuracy of Information. As between You and Equine Organiser, you are responsible for all the information you provide in connection with registering for, and using the third party payment service provider’s features of the Services. You hereby represent and warrant that you are providing true, accurate, and complete information to third party payment providers, and shall fully indemnify Equine Organiser for any losses, costs, expenses incurred by Equine Organiser or any third party arising as a result of your failure to provide accurate, timely and complete information.
   3. No Liability for Third Party Services. The third party payment service providers Agreement is between the third party payment service providers and You, and Equine Organiser shall not have any liability or responsibility for any breach of the  third party payment service providers Agreement, or any losses, damages, expenses costs or other injuries incurred by You in connection with such agreement.
   4. User Authorization. If you subscribe to Payments by third party payment service providers, You hereby authorize the third party payment service providers and Equine Organiser to collect certain payment information and data (including account and transaction data, and certain personal information about your end users), and to store, use and process such information data for the purposes of providing the Payments service.
   5. User Covenants. You hereby covenant, represent and warrant that you will not use the third party payment service provider’s Payments service  for any illegal, deceptive or fraudulent activity, including for any illegal businesses, including, without limitation, the third party payment provider’s Prohibited Business list as applicable. Equine Organiser and the third party payment service providers hereby reserves the right, in its sole discretion, at any time, to suspend or terminate Your account if We have a good faith reason to believe You or any end user has engaged in any fraudulent or illegal activities, or are engaging in prohibited business activity, and to provide any relevant information to the applicable authorities in connection with any investigation of the same.
   6. Payment Disputes. As between You and Your end users, all payment disputes between You and Your end users arising in connection with Your use of third party payment provider are between You and such end users and not you and Equine Organiser or Equine Organiser and your end users. Equine Organiser shall not be liable or responsible in any way for any payment dispute between you and any third party that uses the third party payment provider’s Payments feature to process payments via your subscription for the Service. You hereby agree to indemnify, defend and hold Equine Organiser harmless for any costs, damages, claims, losses, expenses, liabilities incurred by Equine Organiser in connection with any payment dispute arising between You and any end user or other third party. Payments. Payment service is provided by (“third party payment service providers”) Stripe. You are required to agree to the terms of third party payment service providers at the time of setting up your account with them to collect payments from your customers. Any personal information that you provide to third party payment service providers about you or your customers will be treated in accordance with the terms of their respective privacy policies. Equine Organiser and third party payment service providers reserve the right to collect certain additional information from Account Owners and their customers in order to provide this service. third party payment service providers payment fees are set forth at*Stripe fees link*. Third party payment service providers reserve the right to revise their Fees as per their terms & conditions. Equine Organiser reserves the right to add, change third party payment service providers from time to time with a 14 days notice period to Account Owners
   7. Equine Organiser Limitation of Liability. Because the Payments feature is provided and hosted by a third party payment service provider, we are not responsible for, and expressly disclaim all direct and indirect, incidental, consequential, punitive, exemplary, special or other damages in connection with (i) any technical issues, errors, unavailability or failures, losses, damages, loss of data, lost profits or other losses or claims originating from or arising in connection with the third party payment service provider’s Platform; (ii) any unauthorized access, hacking, tampering with or to your account or third party payment service provider’s by third parties; or (iii) any software, bugs, viruses, Trojan horses, or other harmful and malicious code that may be transmitted via the third party payment service provider’s  platform. In certain circumstances detailed in the third party payment service provider’s Services Agreement, the third party payment service providers  may withhold or delay processing transfers and transactions and Equine Organiser shall not be responsible in any way for any such action taken by the third party payment service providers.
5. Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and App by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Equine Organiser, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Equine Organiser does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Equine Organiser be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
6. Restrictions on User Content and Use of the Service. Equine Organiser reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.In using the Website, App and/or Service You shall not:

1. 1. copy any content unless expressly permitted to do so herein;
   2. upload, post, email, transmit or otherwise make available any material that:
      • is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
      • You do not have a right to make available under any law or under a contractual relationship;
      • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
      • use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
      • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
      • contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
   3. impersonate any person or entity or misrepresent their affiliation with a person or entity;
   4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
   5. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
   6. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
   7. collect or store personal data about other users or viewers;
   8. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or
   9. modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of the App or any software provided as part of the Service or to falsely imply that another website is associated with the Service except to the extent the foregoing restrictions are expressly permitted by applicable law. You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by Equine Organiser) of other Equine Organiser customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

7. License of Content to Equine Organiser. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a nonexclusive, royalty-free license (with the right to sub-license) to use, copy, modify, transmit, display and distribute such User Content to the extent necessary to provide the Services. We will not share end user data or Customer Content with any third parties, except as setout in our Privacy Policy. Equine Organiser will not be responsible or liable for any use of User Content in accordance with these Terms of Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

8. End User License. Except for User Content, the App, this Website, and the information and materials contained therein, are the property of Equine Organiser and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, Equine Organiser grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Nothing in the Terms of Service gives you a right to use the names, trademarks, logos, domain names, and other distinctive brand features owned and operated by Equine Organiser without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms of Service.

9. Feedback. If You provide Equine Organiser with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service (“Feedback“), Equine Organiser may use such Feedback in the Website, App, Service and/or in any other Equine Organiser products or services. Accordingly, you agree that: (a) Equine Organiser is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Equine Organiser, (c) Equine Organiser including all of its successors may freely use, reproduce, publicise, license, distribute, and otherwise commercialise Feedback in any Equine Organiser Services and Offerings, and

(d) You are not entitled to receive any compensation or reimbursement of any kind in respect of the Feedback.

10. Advertising. You acknowledge and agree that the Website and App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website or App, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Equine Organiser shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.

11. Links & Third-Party Websites and Integrations. The Website and App (including User Content) may contain links to other websites that are not owned or controlled by Equine Organizer or may make it possible for you to elect to use third party services with the Service where such third party service providers have integrated with the Service (“Third Party Integration Partners”). In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Equine Organiser of that third party, third party product or service. Equine Organiser is also not responsible for the content of any linked websites or for the delivery of any product or service offered by third parties including Third Party Integration Partners. In order to receive access to a Third Party Integration Partner’s products or services, you will need, in most cases, to sign-up directly with the Third Party Integration Partner. For certain services offered by Third Party Integration Partners, you will be required to pay a fee to Equine Organiser or the Third Party Integration Partners as the case maybe, to turn on the third party service. Any third-party websites or services (including those offered by Third Party Integration Partners) are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that Equine Organiser endorses or accepts any responsibility for the content or use of such websites, and You hereby release Equine Organiser from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. While Equine Organiser does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 6 of these Terms of Service. Equine Organiser reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

12. Disclaimer of representations, warranties and conditions. The website, service, app and all materials provided therein are provided “as is” and Equine Organiser Ltd does not warrant that the services will meet your specific requirements, that the service will be uninterrupted, timely, secure or error-free, that results obtained from use of the service will be accurate or reliable or that any errors in the service will be corrected. In addition, Equine Organiser specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the service is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material.

Equine Organiser does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the website or in respect to any website that can be reached from a link on the website or featured in any banner or other advertising on the website, and Equine Organiser shall not be a party to any transaction that you may enter into with any such third party. Equine Organiser will not be liable for any type of content exchanged by means of the service.

13. Limitation of liability. Under no circumstances shall Equine Organiser be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from (i) your use of or your inability to use this website, app or the service, (ii)
the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies in the materials on the website, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the service, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the website or app, or (v) any errors or omissions in any material on the website or any other loss or
damage of any kind arising from or relating to your use of the website. These limitations shall apply even if Equine Organiser has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Equine Organiser liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) Forty Australian Dollars (AUD 40) or (b) amounts you’ve paid Equine Organiser in the prior 6 months (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.

14. Indemnification. You shall indemnify and hold Equine Organiser and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable lawyer fees), incurred in connection with any materials submitted, posted, transmitted or made available by you through the service and/or any violation by you of these terms of service, the rights of any third party, or any applicable law or regulation.

15. Termination. You are solely responsible for properly cancelling your account. You can cancel your account at any time, yourself through your account using a web browser on your desktop/ mobile device or by emailing us at info@equineorganiser.com or calling us and notifying us of your desire to cancel your account. However, please see Section 2 & 3 above for details that the effect of cancellation has on your payment obligations. Equine Organiser may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or App or portions thereof. Cause for such termination shall include, but not be limited to,(a) breaches or violations of these Terms of Service or any other agreement that You may have with Equine Organiser (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Equine Organiser), (b) requests by law enforcement or other government agencies, (c) a request by the Account Owner, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities; or (g) verbal, physical, written or other abuse (including threats of abuse or retribution) of any Equine Organiser customer, employee, member or officer will result in immediate termination of Your account. Termination of Your access to the Website or App may also include removal of some or all of the materials uploaded by You. You acknowledge and agree that all terminations may be made by Equine Organiser in its sole discretion and that Equine Organiser shall not be liable to You or any third-party for any termination of Your access to the Website or App or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms of Service by Equine Organiser shall be in addition to any and all other rights and remedies that Equine Organiser may have.

16. Availability & Updates. Equine Organiser may alter, suspend, or discontinue the Website, App and/or Service at any time and for any reason or no reason, but will endeavor to provide notice of the same. The Website, App and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Equine Organiser may periodically add or update the information and materials on this Website without notice.

17. Security. Information sent or received over the Internet is generally unsecure and Equine Organiser cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. If you create an account on behalf of a corporation or entity, you are responsible for any actions of administrative users you add to your account and you are liable for any payment obligations that they incur for example by selecting specific paid features or services. Log-ins are intended for one user only and are not to be shared by multiple users. Equine Organiser will not be liable for any loss or damage arising from your failure to comply with these requirements.

18. Confidentiality. “Confidential Information” means information of a party (“Disclosing Party”) that the other party (“Receiving Party”) receives in connection with the Services, which based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential to the Disclosing Party, including, without limitation, customer information, transactional information and any other non-public content posted, transmitted or accessed through the Services. A Receiving Party shall(i) limit access and use of Disclosing Party’s Confidential Information to those of Receiving Party’s employees and agents that require such access and use in connection with the Services; (ii) not disclose Disclosing Party’s Confidential Information to third parties, unless authorized under this Section of the Terms; (iii) protect the Disclosing Party’s Confidential Information as it protects its own Confidential Information, but in any event with not less than a reasonable degree of care; and (iv) not use the Disclosing Party’s Confidential Information for any purpose except as required to perform its obligations hereunder or as otherwise specifically permitted hereunder. Nothing in this Section shall prevent a Receiving Party from disclosing Confidential Information to a third party to the extent that such Confidential Information is: (i) previously known to the Receiving Party prior to disclosure by the Disclosing Party, without any obligation of confidentiality; (ii) publicly known or becomes publicly known through no breach of this Agreement by the Receiving Party; (iii) rightfully received from a third party under no confidentiality obligation with respect to the Confidential Information; or (iv)independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information. In addition, Confidential Information may be disclosed to governments and their agencies under lawful order or judicial order In the event that Equine Organiser receives a request or order to release your Confidential Information, we will notify You promptly (to the extent permitted by law), so that You may seek a protective order to prevent the disclosure of your Confidential Information.

19. General. These Terms of Service, together with the Equine Organiser Privacy Policy, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Service shall not be modified except in writing signed by both parties or by a new posting of these Terms of Service issued by Equine Organiser. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Equine Organiser to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Equine Organiser must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Service, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Equine Organiser prior written consent. We may assign these Terms of Service without restriction. The Terms of Service shall be governed by the laws of the Australia without regard to choice of law principles.
If you have any questions about these Terms of Service or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at: info@equineorganiser.com

Equine Organiser
7 Pier Street
Dromana Victoria 3936
Australia

+61491047764