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
Copyright and Restrictions of use
Copyright © 2000 - 2016 Horse Directory Australia. All
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
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
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:
- restrict or inhibit any other user from using or enjoying
any such Facility;
- 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;
- 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;
- post or transmit any material of any kind which contains a
virus or other harmful component;
- post, transmit or in any way exploit any material of any
kind for commercial purposes, or which contains any promotional material or advertising;
- 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
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
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.
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
Horse Directory Australia reserves the right to terminate
any Service that you, the user of the Service requested, at any time without notification
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.
If Horse Directory Australia suffers any loss or damage or
obligation then you agree to indemnify Horse Directory Australia for those losses, damages
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
HORSE DIRECTORY AUSTRALIA with trademark number 1241626 was lodged on 21/05/2008 and has a status of Registered/Protected.
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
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
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.