Terms of Service
DIGITAL PINEAPPLE CANNERY PTY LTD TERMS OF SERVICE
Effective 1 December 2017
By accessing or using the Horseyard you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices) as amended from time to time.
1. About Horseyard
(a) Horseyard publishes or makes available on the Horseyard website information, advertisements, product and service offers links and other content supplied by Horseyard and third parties (Material). Horseyard does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Horseyard website or on any web site that links from the Horseyard website. (including third party display advertisements).
(b) Horseyard does not provide any warranty in relation to any goods or services advertised for sale on the Horseyard website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
2. Personal and Non Commercial Use Only
(a) Use of the Horseyard website is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of Horseyard:
(b) If Horseyard considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to Horseyard’s interests, then Horseyard may immediately terminate your right to access and use the Horseyard website at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Horseyard website.
3. You are Responsible for the use of the Horseyard website
(a) Whilst Horseyard takes care to ensure that the Material on the Horseyard website is correct, current and free from errors, Horseyard does not warrant the accuracy or completeness of or the representations made in the Material on the Horseyard website or any web site that links from the Horseyard website or any information received as a result of using the Horseyard website. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
(b) The services and Material made available on the Horseyard website are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses.
(c) You agree to indemnify Horseyard against any liability, loss, claim or demand if Horseyard (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
(d) You must keep your username and password to access the Horseyard website secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to Horseyard that you accept all liability for any unauthorised use of any username and password issued to you.
4. Goods and Services Provided By Horseyard
If Horseyard offers goods or services to you, including advertising any item for sale on the Horseyard website, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
5. Goods and Services Provided By Third Parties
(a) If goods and services are offered on or through the Horseyard website by third parties (sellers):
6. Horseyards Liability to You is Limited
(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by Horseyard are HEREBY EXCLUDED.
(b) To the full extent permitted by the law, Horseyard will only be liable to you:
pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of Horseyard is limited, at Horseyard’s option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply;
subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Horseyard.
(c) Subject to subclause 6(b), and except to the extent that liability cannot be excluded, Horseyard, will not be liable to you: for claims arising out of or in connection with your access and use of the Horseyard website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
(d) To the full extent permitted by law, Horseyard will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
(e) For the purposes of this section, the term Horseyard will mean Horseyard, its officers, employees, contractors and agents, whether individually or collectively.
(f) These terms and conditions will survive the expiration or termination of this agreement.
7. Copyright, Trademarks and Licence
(a) Material on the Horseyard website is © Horseyard and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by Horseyard. Unless otherwise indicated on the Horseyard website, the material on the Horseyard website is owned by or licensed to Horseyard and is subject to copyright (the "Copyright Material").
(b)You may:
only copy or reproduce the Copyright Material for the purpose of browsing the Horseyard website or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
(c) Product and company names mentioned on the Horseyard website may be the trademarks of their respective owners. Nothing displayed on the Horseyard website should be construed as granting you any intellectual property rights including the right to use any trademark, without Horseyards (or the relevant owner’s, if applicable) express written consent.
(d) In consideration of Horseyard allowing you to access and use the Horseyard website you grant to Horseyard a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as Horseyard determines from time to time (subject to the Privacy Policy). You warrant that: you have all necessary rights in the content that you contribute, the content is not defamatory, that it does not infringe any law and you indemnify Horseyard, its officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty. You waive any moral rights you may have in relation to the material.
8. Membership to the Horseyard website
(a) If you choose to become a member of the Horseyard website, additional products and services may be made available to you.
(b) By becoming a Horseyard member, you agree to receive electronic communications from Horseyard about its products and services.
(c) If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.
9. Communications Services
(a) Horseyard may provide you with the ability to communicate with Horseyard, the Horseyard website, Sellers, advertisers and users of the Horseyard website through agreements, online forms, , electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).
(b) You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by Horseyard. You should not however, consider Communication Services to have been reviewed, screened, or approved by Horseyard.
(c) Use of the Communications Services is provided on condition that You do not do any of the following:
transmit any information or material which is knowingly incorrect, misleading or deceptive;
transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
use the Communications Services for any unlawful purpose;
post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights.
upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another's computer or damage any of Horseyard website’s infrastructure;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Horseyard.
download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
excessively use the Communications Services in a manner which may hinder or prevent Horseyard from providing services to any other persons or which may threaten the integrity or use by any person of the Horseyard website;
authorise, aid, abet encourage or incite any person to do any of the above acts.
(d) Horseyard may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.
10. Horseyard and Your Privacy
By using the Horseyard website, you agree to the Horseyards Privacy Policy which sets out how Horseyard collects, uses and discloses your personal information.
11. Specific Terms
(a) Private Sellers To read Horseyard Private Seller Terms and Conditions click here. If you choose to sell an item using the Horseyard website you must agree to the Horseyard Private Seller Terms and Conditions.
(c) Horseyard website Privacy Protect To view Horseyard website Privacy Protect Terms and Conditions click here.
(e) Email a friend Where Horseyard allows you to email a friend: you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify Horseyard, its officers, representatives, employees, contractors, servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.
12. What Law Governs these Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of South Australia and you irrevocably submit to the exclusive jurisdiction
of the courts in that State.
13. Horseyard May Change These Terms and Conditions
(a) Horseyard may at any time and, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including such modifications or amendments in these terms of use and and publishing them on the Horseyard website. Such modifications will be binding on you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.
(b) Horseyard may cease to provide you with access to the Horseyard website or any of its services without notice.
(c) All rights not expressly granted are reserved.
14. Contact Horseyard
If you have a question, problem or complaint or need to contact us:
Customer Service Representative
info@horseyard.com.au
