Terms of Service
Equine Organiser., owns and operates the websites located at:
(“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.
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 firstname.lastname@example.org 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.
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: email@example.com
7 Pier Street
Dromana Victoria 3936