Welcome to Eminent Equine! We provide an online promotional platform featuring horse profiles, exclusive content, online breeding season contracts, progeny sale advertising and a comprehensive calendar of performance horse disciplines, including Campdrafting, Cutting, Reined Cow-Horse and Challenging (Services), as set out in more detail on our website (Site).
In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. When we say we, us, or our, we mean Eminent Equine Australia Pty Ltd (ACN 678 342 080).
These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
1.Engagement and Term
1.1These Terms apply from the time you agree to these Terms until the date these Terms are terminated in accordance with their Terms (Term).
1.2We may amend these Terms at any time with written notice. You agree to amendments by clicking “I accept” or continuing to use the Services after 30 days. If you disagree, stop using the Services. For prepaid Memberships, contact us within 30 days of notice to cancel and receive a pro-rata refund.
2.Services
2.1Subject to your compliance with these Terms, we will provide you with access to the Services.
2.2As part of our Services, we will provide you with a calendar that includes upcoming events. We will try our best to include all upcoming events but we are not the relevant event organisers. We do not make any guarantee, warranty, promises or representation regarding the accuracy or currency of the information set out on our Site.
2.3We will not be responsible for any other services unless expressly set out in these Terms or on our Site.
3.Account
3.1You may sign up for an Account in order to access and use the Services.
3.2
While you have an Account with us, you agree to:
(a)keep your information up-to-date (and ensure it remains true, accurate and complete);
(b)keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
(c)notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
3.3If you close your Account, you will lose access to the Services.
4.Membership
4.1You may choose to purchase additional Services from us, as set out on our Site (Membership). Details of our Membership, including features, limitations and fees are set out on our Site. You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).
4.2Renewal: All Memberships continue for a period of 12 months from the date of payment (Service Term) and do not automatically renew. At the end of each Service Term, your membership will expire, and you will lose access to the Membership unless you purchase a new annual membership. You are responsible for paying renewal fees if you wish to reactivate the Membership after your current Service Term expires. If you do not reactivate your Membership within 30 days of the expiry of your Membership, your Account will be deleted.
4.3Cancellation: If you wish to cancel your Membership, you may do so through your Account. Your cancellation will take effect at the end of your current Service Term.
4.4Our payment methods will be set out at the time you purchase the Services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).
4.5You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
5.Licence
5.1We grant you a personal, non-transferable right to use our Services during the Term. Your Membership access expires on the earliest of: the specified duration, termination of these Terms, or your cancellation of the Service.
5.2
You must not:
(a)use the Services illegally or in ways that breach laws or infringe others' rights;
(b)screen record any of the Exclusive Data;
(c)interfere with or interrupt the supply of the Services, or any other person’s access to or use of the Services;
(d)introduce any viruses or other malicious software code into the Services;
(e)use any unauthorised or modified version of the Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;
(f)circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
(g)access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
6.Availability, Disruption and Downtime
6.1We aim to keep our Services available but cannot guarantee 100% uptime. Services may be disrupted due to maintenance, third-party service issues, or other factors beyond our control. We are not liable for such disruptions and will provide you with reasonable notice where possible.
7.Intellectual Property and Data
7.1We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
7.2We own or have licenses to all content displayed on the Services (Content). You do not have any ownership rights in any Content on the Services. Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, non-sublicensable and non-transferable licence to view and use the Content, solely for your own personal use.
7.3
You must not, unless expressly authorised by us or these Terms:
(a)circumvent or disable any content protection system or technical protection measure used in the Services or the Content;
(b)copy or modify, in whole or in part, any of the Content;
(c)screen record or capture any of the Content on the Site, including the Exclusive Data, without our prior written consent;
(d)reproduce, retransmit, distribute, disseminate, sell, publish broadcast or otherwise commercialise the Content to any third party; or
(e)breach, or allow any third party to breach, any intellectual property rights in the Content.
7.4We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
7.5We may create anonymised statistical data from your use of the Services. We own this anonymised data and may use it to improve our Services, develop new products, identify trends, or make it publicly available, provided your identity cannot be determined from the data.
7.6This clause 7 will survive the termination or expiry of these Terms.
8.Confidential Information and Personal Information
8.1While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
8.2However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
8.3We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.
8.4You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
8.5We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
8.6Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
8.7This clause 8 will survive the termination or expiry of these Terms.
9.Consumer Law Rights
9.1In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
9.2Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
9.3If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
9.4This clause 9 will survive the termination or expiry of these Terms.
10.Liability
10.1
To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
(a)your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
(b)any use of the Services by a person or entity other than you.
10.2
Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
(a)neither we or you are liable for any Consequential Loss;
(b)a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss; and
(c)Our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us during the 12 months immediately preceding the event giving rise to the Liability, or if you have not paid for the Service, to AU$1,000.
10.3This clause 10 will survive the termination or expiry of these Terms.
11.Suspension and Termination
Suspension
11.1We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.
Termination
11.2
We may terminate these Terms (meaning you will lose access to the Services, and any Memberships will be cancelled) if:
(a)you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(b)you breach these Terms and that breach cannot be remedied; or
(c)we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice and if you have paid upfront for ongoing access to any of the Services (excluding one-time purchases) we will issue you a pro-rata refund for such Services.
11.3
You may terminate these Terms if:
(a)we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
(b)we breach these Terms and cannot remedy the breach, you will receive a pro-rata refund for any unused portion of your prepaid Membership.
11.4You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 12.8), and if you have purchased any Memberships, termination will take effect at the end of your current Service Term.
11.5Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
11.6Termination of these Terms will not affect any other rights or liabilities that we or you may have.
11.7This clause 11 will survive the termination or expiry of these Terms.
12.General
12.1Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
12.2Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Dispute is not resolved at that initial meeting refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation.
12.3Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
12.4Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.
12.5Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
12.6Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
12.7Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
12.8Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
13.Definitions
13.1
In these Terms:
Account means an account accessible to the individual or entity who signed up to the Services.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.
Exclusive Data means exclusive interviews, raw footage files, premium horse content, and other proprietary content designated as exclusive on the Services.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Services means the services we provide to you, as detailed at the beginning of these Terms.
