The uses for the following words apply throughout the Terms of Use. "Website" refers to the network of websites owned and operated by Horse Directory Australia (ABN: 55 812 151 254), including those websites that are created and hosted by Horse Directory Australia for but not limited to affiliate and third-party organizations. "Content" refers to any contents found in the Websites including but not limited to all information, text, material, graphics, software and advertisements. "Service" includes all services and facilities offered by Horse Directory Australia including those that are public, fee-paying and members-only areas. "Facilities" or "Facility" refers to electronic bulletin boards, electronic messenging including real-time user interactions and other electronic notice services offered by Horse Directory Australia including the Noticeboard, Saleyard, and Classifieds. "Paymate" refers to any content, service or facility provided by Paymate Pty Ltd, ABN 91 093 528 002, Flexi Online Pty Ltd ABN 42 154 594 199.

Your use of, and access to the Website constitutes your agreement to and is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website known as "Terms of Use" or "Terms and Conditions". Horse Directory Australia reserves the right to amend the Terms of Use at any time with notice.

 

Copyright and Restrictions of use of Content

Copyright 2000 - 2016 Horse Directory Australia. All Rights Reserved.

All Content on the Website is Copyright Horse Directory Australia, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and International copyright and trademark laws, and except as specifically permitted in the Terms of Use, no portion of the Content on this Website may be reproduced in any form or by any means unless expressly authorised in writing by Horse Directory Australia.

You must not modify, copy, reproduce, republish, up-load to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or as expressly authorised in writing by Horse Directory Australia.

Strictly on the condition that you keep all content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may using a web browser, download and view the Content for personal, informational, non-commercial or commerical purposes.

Horse Directory Australia reserves the right to revoke such authorisation at any time, and any use of the Website and its Content must be discontinued immediately upon written notice from Horse Directory Australia.

 

Use of Facilities

It is a condition of your use of any Facility and your access to the Website that you do not do any of the following:

  1. restrict or inhibit any other user from using or enjoying any such Facility;
  2. post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
  3. post or transmit, alter, or remove any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
  4. post or transmit any material of any kind which contains a virus or other harmful component;
  5. post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
  6. delete any author attributions, legal notices or proprietary designations or labels in any file or accompanying material that is up-loaded.

 

Horse Directory Australia may monitor or review the Content of its Website and Facilities. Horse Directory Australia reserves the right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Horse Directory Australia's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use.

Horse Directory Australia reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

 

User Licence to Horse Directory Australia

By placing any information or material on our Website, you grant to Horse Directory Australia a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to use, copy, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display the information and material for the duration of the service you requested.

The foregoing grant includes the right to exploit all proprietary rights in any such information and material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. At the request of Horse Directory Australia, you will execute and deliver to Horse Directory Australia such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

 

Disclaimer, Warranties and Limitation of Liability

All Content is provided "as is" and without warranties of any kind, either express or implied. Horse Directory Australia and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose; Horse Directory Australia does not warrant that the functions contained in any Content or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components.

While Horse Directory Australia will take every care as deemed necessary by us to ensure that the information and material on this Website will appear as correct as possible, Horse Directory Australia does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of Horse Directory Australia) will Horse Directory Australia or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content. You expressly acknowledge and agree that Horse Directory Australia does not exert control over users of this Website (including individuals referred to on the Website as guests, experts or professionals) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

Any email and attachment which you have received from Horse Directory Australia may contain viruses or malicious software. It is your responsibility to scan the email and attachment prior to opening them. Horse Directory Australia disclaim all liability for loss and damage caused by or related to any infected email or attachment.

Third party sites:

The documents posted on our server/website contain hypertext links or pointers to information created and maintained by other public and private organizations. These links and pointers are provided for the user's convenience. Horse Directory Australia does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. You access those sites and use their products and services solely at your own risk.

 

Termination

The Terms of Use are effective until terminated by Horse Directory Australia, and Horse Directory Australia may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all Horse Directory Australia disclaimers and limitations of liability set out in the Terms of Use will survive.

Horse Directory Australia reserves the right to terminate any Service that you, the user of the Service requested, at any time without notification to the user. If a breach in the Terms of Use constituted the termination of the Service, then Horse Directory Australia will at its discretion decide to provide the user with a full, partial or no refund of any payments made for the Service.

 

Miscellaneous

If Horse Directory Australia suffers any loss or damage or incurs any costs in connection with any breach of the Terms of Use or any other legal obligation then you agree to indemnify Horse Directory Australia for those losses, damages and costs.

Advertising and materials such as photos, pictures, sketches, logos, and items to be used in a document must be forwarded within two weeks of the request of a Service. If applicable, a design of the advertisement or website will be forwarded to you for approval in a means Horse Directory Australia deems appropriate prior to loading it onto our servers.

This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.

 

Trademarks of Horse Directory Australia and its Affiliates

All trademarks, logos, or combination of these that appear on this Website are trademarks of Horse Directory Australia or their respective owners. You are not permitted to use these without the express written permission from Horse Directory Australia, the relevant Horse Directory Australia affiliate or third party owners.

HORSE DIRECTORY AUSTRALIA with trademark number 1241626 was lodged on 21/05/2008 and has a status of Registered/Protected.

 

 

Payments

When payments are required for a Service offered by Horse Directory Australia or in conjunction with a third party, unless otherwise indicated all payments are due strictly 7 days from the date of invoice. Late payment may attract additional charges. Horse Directory Australia reserves the right to terminate any Service you requested should payment have not been received within the stated time limit.

The designs of economy, business and professional websites require 50% deposit with the remaining balance due on completion of the website and prior to loading your website onto our servers. This deposit is non refundable, even if the design and/or final outcome is repeatly not accepted.

Payments can be made by company cheque, bank cheque, money order, direct deposit into our bank account or by approved credit card payment (service provided by Paymate Pty Ltd ABN 91 093 528 002, Flexi Online Pty Ltd ABN 42 154 594 199).

Credit Card Payments

Horse Directory Australia's credit card payment facilities are provided by a third-party company Paymate Pty Ltd ABN 91 093 528 002 *, (Flexi Online Pty Ltd ABN 42 154 594 199). By using the credit card payment facility on our Website or by authorizing Horse Directory Australia to act on your behalf by manually entering your credit card details online, you also agree to the 'Terms of Use' , 'Privacy Policy' and Product Disclosure Statement of Paymate Pty Ltd (Flexi Online Pty Ltd ). All your transactions with Paymate are conducted in 'secure sessions' using the financial industry's Secure Socket Layer (SSL) standards with 128-bit encryption. You should check that your browser is compatible with SSL encryption. This is often indicated by a 'closed lock' icon at the bottom of your screen. By using the Paymate service, you expressly agree that Horse Directory Australia is not liable for any direct, indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of the system provided by Paymate, including but not limited to any security and privacy issues. The Paymate system can only accept Visa and Mastercard.

Your next credit card statement will show a Paymate transaction which reconciles easily to our invoice and/or service package.
Any service and/or transaction fees from Paymate will absorbed by Horse Directory Australia.

10% GST will apply on all prices from 1 July 2000 unless indicated otherwise.
Any cancellations after the deadline may attract an administration fee.

 

*Buyers in 37 countries can now use Paymate Express - extending markets for Australian sellers!

Credit card payments can now be made by buyers in:
American Samoa, Australia, Austria, Belgium, Canada, Chile, Denmark, Finland, France, Germany, Greece, Guam, Hong Kong, Iceland, India, Ireland, Israel, Italy, Japan, South Korea, Luxembourg, Mexico, Netherlands, Norway, Poland, Portugal, Puerto Rico, Singapore, Spain, Sweden, Switzerland, Taiwan, Thailand, Turkey, United Kingdom, U.S.A., Virgin Islands (U.S.).

 

Links to Third Party Websites

Horse Directory Australia takes no responsibility for the accuracy or reliability of any information, data, opinions, advice, or statements made on other websites which are not under the control or belong to the Website network of Horse Directory Australia. When you access a third-party website you do so at your own risk.

Horse Directory Australia provides these links as a convenience to our users and the inclusion of such links does not imply that Horse Directory Australia endorses or accepts any responsibility for the content or uses of such websites in any form or way.