Terms and Conditions
In these terms and conditions (Terms), references to “We”, “Us” and “Our” are references to HORSE PRO HUB PTY LTD ACN 649 145 675. References to “You” and “Your” are references to a user and Member of the Website.
We provide an online platform hosting educational equestrian video content produced and edited by Us and/or Third Parties (Content) and provide our Members access, through a subscription service, to Content (Service).
These Terms govern your use of our Service, access to Horse Pro Hub through www.horseprohub.com (the Website) and your use of the Website. This includes all features and functionalities of our Website, recommendations and reviews, user interfaces and all content and software associated with our Service.
In these Terms:
“ACL” means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth); “Confidential Information” means any information which relates to the business, assets or affairs of either party which is made available by that party (Disclosing Party) to the other party
(Receiving Party) or is otherwise obtained by the Receiving Party and which is by its nature confidential or the Receiving Party knows, or ought to know, is confidential but does not include
information that is:
(a) in or enters the public domain through no fault of the Receiving Party or any of its officers, employees or agents;
(b) received by Receiving Party from a third-party who had a legal right to provide it; or
(c) or was developed by Receiving Party independently of the other Party and any of its officers, employees or agents;
“Fees” include the Subscription Fee and any other reasonable amounts charged by Us from time to time in respect of Your use of the Service;
“Linked Sites” has the meaning given to it in clause 6.5; “Personal Information” has the meaning given to it in the Privacy Act 1988 (Cth); “Services” means the provision of an online platform in the form of a Website made available to the public which hosts Content and video streaming services in respect of the Content, subject to certain downtime from time to time for maintenance, attending to fixes and/or changes to Our Content library and/or Website;
“Subscription Fee” means the ongoing monthly fee charged to You in connection with Your ongoing use of and subscription to the Website and in consideration of the Services provided by Us as detailed in our pricing model, made available by Us to You prior to the effective date of these Terms.
2.1 These Terms form the entire agreement between You and Us in relation to the subject matter and govern Your use of the Website in Australia.
2.2 The Website and any content viewed through the Website are for your personal and noncommercial use only.
2.3 The Website is owned and/or operated by Us. The Content is provided by third parties.
2.4 We may update these Terms from time to time, in writing, as notified to You. Your continued use of the Website and continuing membership constitutes your acceptance of the revised and updated Terms. If you do not accept any variation to the Terms, you must immediately cease using the Website and notify us.
2.5 To use our Services, you must:
(a) register as a Member;
(b) have internet access, a suitable electronic device including smartphone, table or computer; and
(c) provide Us with one or more Payment Methods.
2.6 “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorise us to charge the membership fee for the next billing cycle to your Payment Method.
2.7 We may offer a number of membership plans. We are not responsible for the products
3.1 When you access our Website, you will be prompted to register as a Member with Us to access Content. To become a Member you must be at least 18 years old and provide us the following at the time of registration:
(a) Personal Information; and
(b) a Payment Method.
3.2 You will be asked to provide your own password and will be prompted as to satisfying any password requirements.
3.3 Once you are a Member, you will use a unique username and password to access Content and the Fees will be paid to Us through Your Payment Method as provided to Us.
3.4 Subject to You paying Fees as reasonably required by Us and maintaining your membership in accordance with these Terms, We will provide You access to Content
through the Website which.
3.5 Upon becoming a Member, we grant you a limited, non-exclusive, non-transferable right to access and view Content on the Website. Except for the foregoing, no right, title or interest shall be transferred to you.
3.6 From time to time, We will need to carry out updates to the Content and Website and fix any issues or errors in the Website and/or Content so as to improve Your use of the Website and its functionality. You acknowledge that this may result in downtime of the Website. We will notify you of any foreseeable downtime and confirm that We will use our reasonable endeavours to ensure that downtime is kept to a minimum.
3.7 We will provide the Services throughout the Term:
(a) with all due care and skill; and
(b) in a professional manner.
4. USE OF THE WEBSITE AND CONTENT
4.1 Any improper or other use of the Website and/or Content which is not expressly authorised by these Terms, or any resale or further distribution of the Content by You (or anyone authorised by You) constitutes a material breach of these Terms and may violate applicable copyright or other intellectual property laws.
4.2 You must not, and must not permit any third party to:
(a) access or duplicate the Content for any purpose other than as reasonably necessary to use the Website as contemplated by these Terms;
(b) publish the Content, claim ownership of the Content or use the Content other than for viewing;
(c) use Content for public performances;
(d) except as expressly authorised by law, reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract the Website or any portion of the Website;
(e) except as expressly authorised by law or as permitted using the Website’s standard menu option, change, modify or otherwise alter the Website including by disabling any feature or blocking any advertisement or message intended to be displayed;
(f) transfer, pledge, rent, share or sublicense the Content or Website;
(g) defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing controls on the use of copies of the Website;
(h) engage in any conduct or activity that may cause damage to the Website, disrupt access to the Website or otherwise interfere or affect the performance of the Website;
(i) tamper with or attempt to tamper with the display or operation of the Website or Content;
(j) upload any malicious or harmful software, code or any other virus to the Website;
(k) use or provide incorrect information when registering Your details with Us; or
(l) use a third parties registration details on the Website.
4.3 Use of the Website requires an internet connection. It is Your responsibility to obtain and maintain an internet connection at your cost.
4.4 Any content You access via the Website may result in additional downloads and may incur costs from Your internet service provider and/or other third parties.
4.5 We do not guarantee that Your use of the Website will be uninterrupted at all times. Your ability to use the Website will be affected by the performance of Your internet which is the responsibility of Your internet service provider.
4.6 You must supervise and control the use of the Content and ensure that all use of the Website is for the Authorised Purpose and in accordance with these Terms.
5.1 Our Website hosts equestrian educational video content produced by third parties. We are not responsible for and have no liability in respect of the advice or information contained within any Content.
5.2 We carry out all appropriate due diligence on any third parties before Content is approved and made available on the Website.
5.3 Whilst we use all reasonable endeavours to review any and all Content provided by third parties, Our focus is to ensure the Content does not breach Our core principles or any ethical or legal requirements. We do not test or validate the advice or information given in Content by third parties. We trust the expertise of third parties in producing and publishing the Content.
6. USE OF INFORMATION, LINKED WEBSITES AND DISCLAIMER
6.1 All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of the Content or Website or any information available therein is expressly excluded to the maximum extent permitted by law.
6.2 We make no warranties, guarantees or representations that the material in the Website or Website will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any information accessed or downloaded from the Website.
6.3 We do not accept responsibility for any direct loss, indirect loss, consequential loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with Your use of, or reliance on, information, Content or material contained on or accessed through the Website.
6.4 Your use of the Content or Website and information contained thereon is entirely at Your own risk.
6.5 The Website and Content may contain links to, or indirect references to, Linked Sites. We are not responsible and have no control over the content, information or privacy practices of any Linked Sites and do not guarantee the accuracy, relevance, timeliness, completeness of any information on Linked Sites.
6.6 We do not make any representations or warranties that any information on Linked
Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure.
6.7 Your use of and access to Linked Sites and information contained on them is entirely at Your own risk.
6.8 Linked Sites will have their own terms and conditions and privacy policies which differ from the Website. We recommend you make yourself aware of these terms and any
policies as soon as reasonably practicable and in any event prior to any purchase.
7. PRICE AND PAYMENT
7.1 You must pay the Fees in accordance with any invoice issued by Us.
7.2 The first invoice issued by Us pursuant to these Terms will include a payment of Fees in advance. You agree that it is reasonable for Us to collect and retain at least 1 months Subscription Fee in advance to cover any losses We incur in respect of any default in payment of Fees at any time.
7.3 To subscribe for access to Content and maintain membership with Us you must provide one or more Payment Methods. You authorise us to charge any Payment Method
associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your Subscription Fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Website and Content until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
7.4 You can update your Payment Methods at any time. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
7.5 You can cancel your membership at any time, and you will continue to have access to the Content through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched Content. If you cancel your membership, your account will automatically close at the end of your current billing period.
7.6 All Fees are exclusive of GST and any other taxes or duties imposed on or in relation to the provision of the Services in accordance with these Terms. In addition to payment of the Fees, You must pay any GST and any other taxes or duties payable at the same time the Fees are paid provided We submit to You a valid tax invoice.
7.7 We may review the Fees each calendar year. Upon doing so, we will provide you notice of any increase payable for the following year.
7.8 If You default in payment of any amount due to be paid to Us:
(a) You must pay interest at the rate of six percent (6%) above the base rate of the Reserve Bank of Australia applying at the time of default. Interest is calculated daily from the date on which the amount should have been paid until it is actually received by Us.
(b) We may:
- upon ten (10) Business Days' written notice, deduct the sum of
any amount due to be paid to Us which remains outstanding from any amount held by Us as payment in advance of a Subscription Fee and notify you of the balance outstanding (if any);
- upon thirty (30) Business Days' written notice:
- suspend any access to the Website and/or any and
all Content; and
- take any other action which We are legally entitled to take, until such time that all monies owed by You to Us are paid in full.
8.1 We take Your privacy seriously and endeavour to keep secure any and all Personal Information You send to Us at any time or upload onto the Website.
9. CONFIDENTIAL INFORMATION
9.1 Neither Party is permitted to use Confidential Information for any purpose not contemplated by these Terms. We shall restrict access to any information supplied in relation to these Terms to personnel within Our organisation or other third parties, such as consultants, who need such access in order to perform their duties and ensure they receive it under obligations of confidentiality.
9.2 If Confidential Information is disclosed, the Receiving Party shall ensure it shall be used for the sole and exclusive purpose of fulfilling any obligations it has in relation to these Terms.
9.3 The Receiving Party shall not, without the written consent of the Disclosing Party, disclose any such Confidential Information to any other person or entity other employees or agents who must have access to such Confidential Information for the sole and exclusive purpose of fulfilling its obligations under these Terms. All such employees shall be bound to maintain such Confidential Information in confidence and the parties will take such reasonable steps to require its employees to preserve such trust and confidence. The Receiving Party shall be responsible for any breach of these obligations by its employees.
10. INTELLECTUAL PROPERTY
10.1 You acknowledge and agree that all original video content (including the subject of and items within the video educational content), written content, coding, graphics, and information available on and through the Website (Original Content) is protected by copyright, trade mark or other intellectual property rights and laws and remains Our property or the property of third parties as the case may be.
10.2 No part of the Original Content may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Our prior written consent. However, you may download and print these Terms for your personal non-commercial use.
10.3 All trade marks and trade names which appear on the Website in connection with the Original Content are proprietary to Us and/or Our affiliates. Use of these trade marks without the owner's prior consent will infringe the owner's intellectual property rights. Nothing in the Website should be interpreted as granting any rights to use or distribute any names, logos, graphics, or trade marks except with the express written consent of the respective owner.
10.4 You are permitted to use the Website only as authorised by us. As a Member, you are granted a limited, non-exclusive, revocable, non-transferable right to access the Original Content, subject to these Terms.
10.5 You acknowledge that:
(a) You acquire no rights, title or interest to any intellectual property provided on, through or in relation to the Website and Original Content; and
(b) all intellectual property rights including but not limited to rights to all present and future copyright, design rights, trademark rights and rights to the company’s name and all other intellectual property as defined in Article 2 of the World Intellectual Property Organisation (WIPO) Convention whether registrable, registered, patentable or not, which exist in connection with any Original Content and/or the Website and the information and data reproduced thereon, in particular such as texts, pictures, graphics, logos, symbols, names, product and company designations, belongs exclusively to Us or third parties and at all times remains Our property or the property of others.
11.LIABILITY AND INDEMNITY
11.1 If You are a consumer as defined in the ACL, nothing in this Agreement restricts, limits or modifies Your rights or remedies against Us for failure of a statutory guarantee under the ACL.
11.2 If clause 11.1 does not apply, then other than as stated in these Terms or any written warranty statement We are not liable to You in any way, arising under or in connection with Your use of the Website or provision of Services to You or any third party.
11.3 Our Service is provided ‘as is’ without warranty. We will not be liable for any direct, indirect or consequential losses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to another party as a result of any information or advice given by third parties in any Content, reliance on any Content as absolute without further advice or practical application, delay or errors in the Website and/or Content, downtime experienced or any omissions in any data supplied pursuant to these Terms or as a result of being unable to provide any upgrades or new releases or any defects or deficiencies in the Content or Website, except to the extent of liability imposed by the ACL.
11.4 Nothing in these Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
11.5 You indemnify Us against all expenses, losses, damages, liabilities and costs (including an indemnity in respect of all legal costs) that We or a third party may sustain or incur as a result of:
(a) any breach of these Terms by You or Your employees, agents or contractors;
(b) any negligent or unlawful act or omission of You or any of Your employees, agents or contractors;
(c) the provision of Data and Personal Information by You;
(d) Your use of the Website;
(e) a third party's use or reliance on the Data and Personal Information; and
(f) your breach of any third party's copyright.
11.6 The indemnities contained in this Agreement will survive termination of this Agreement.
12. TERM AND TERMINATION
12.1 These Terms apply on and from your first and continued use of the Website and continue to apply in accordance with these Terms.
12.2 Without prejudice to any of Our other rights or any liability to you, We may cease providing the Services and restrict a Member’s access to the Website:
(a) at any time, subject always to the immediate repayment of any pro-rata’d amount of the Fees being repaid to You due which relates to a period after We cease providing Services; or
(b) for cause at any time without notice if You commit a material breach of these Terms and if remediable, You fail to remedy the Breach within 14 days.
12.3 You may terminate your subscription to our Services on thirty (30) days notice by giving notice to Us at [[email protected]] or by permanently ceasing to use the Website and returning to Us all information We supplied to you in respect of access to and use of the Website including but not limited to any usernames and passwords.
12.4 Upon the effective date of termination, your right to use and access the Content and Website will immediately cease.
12.5 You are responsible for saving and downloading any content and information (including Personal Information) You uploaded onto the Website to fully enjoy use of the Website.
12.6 After the effective date of termination, We make no guarantees that this information or content will continue to be held by Us and will not be destroyed. In the event that We retain copies of or have back ups of any content and information, We will make this available to You upon reasonable request made bv You at any time. We may charge a reasonable administration fee in dealing with any such request and will confirm if we are able to facilitate such a request but make no guarantee of being able to do so.
12.7 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12.8 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
12.9 Termination of this Agreement is without prejudice to the rights or remedies of either party which have accrued prior to the effective date of termination and termination shall not relive either party from liability arising from any antecedent breach of these Terms.
13. DISPUTE RESOLUTION
13.1 If any dispute or difference arises between You and Us in connection with these Terms (Dispute), the party claiming a Dispute shall provide written notice to the other party.
13.2 Within 10 Business Days of receipt of the notice of the Dispute, We will work in good faith with You and You will work in good faith with Us to attempt to resolve the Dispute.
13.3 If the Dispute cannot be resolved within a reasonable time, either party may require that the Dispute is referred to mediation, such mediation to take place in Sydney, New South Wales. The mediator shall be agreed between the parties, or otherwise appointed by the President of the New South Wales Law Society.
13.4 Each party will bear their own respective legal costs (as between solicitor and client) of the enforcement or attempted enforcement of respective rights, remedies and powers under these Terms, including referral of any Dispute under these Terms to mediation.
13.5 Neither party is entitled to commence legal proceedings in respect of a Dispute, until and unless the process set out in this clause 13 has been complied with and the Dispute remains unresolved.
13.6 Nothing in this clause 13 will prevent either party from obtaining urgent interlocutory relief at any time.
14.1 Governing Law
Any dispute that arises under this Terms shall be dealt with in accordance with the law of New South Wales, Australia and any claim or dispute arising hereunder shall be subject to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
14.2 Force Majeure
Neither party shall be liable for any failure or delay or default in performance of their obligations arising under these Terms if such failure or delay or default is caused by conditions beyond its control including but not limited to acts of god, flood, storm, drought, earthquake or other natural disaster, epidemic or pandemic, government restrictions, wars, terrorist attacks, civil commotion or riots, threat or preparation of war, armed conflict, imposition of sanctions, embargo or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or ay action taken by government or public authority that directly affects the business run by the party seeking to rely on this clause including without limitation imposing an export or import restriction, quote or prohibition, collapse of buildings, breakdown of plant or machinery, fire, explosion or other accident closing the relevant business, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected (Force Majeure Event). A party’s obligations under this Agreement are suspended during the period the Force Majeure Event subsists. If any Force Majeure Event subsists for longer than six (6) weeks, then either party may give to the other party not less than two (2) weeks written notice terminating this Agreement.
(a) Each notice given by one party to the other pursuant to these Terms, must be made in writing and sent by post or email.
(b) We will send notices to You (if applicable) to the address details You provide to Us.
(c) You can Contact Us by email, post or phone but any notices sent to Us pursuant to these Terms needs to be sent in writing.
(d) Notices to Us may be sent using the details below, or such other details as notified Us to You from time to time:
- Attention: Accounts Manager
- Postal address: 2 Franklin Place, Murrumbateman, NSW 2582
- Email address: [email protected]
- Telephone Number:+61 448263416
No delay or failure in exercising a right arising under these Terms will constitute a waiver of that right. No single or partial exercise of such a right will preclude the holder of that right from exercising that right again or in full.
Where any provision of these Terms (or a part thereof) is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision (or part thereof) must be interpreted as narrowly as possible to avoid such invalidity, illegality or unenforceability, as the case may be. If this is not possible, the provision (or part thereof) will be treated as severed from these Terms and the remaining Terms will remain in full force and effect.