TERMS AND CONDITIONS

EQUESTRIAN BALANCE PTY LTD’S TRADING TERMS

These terms relate to the supply (including facilitation) of in person and on-line coaching services (‘Services’) as well as materials, Review Video Material and publications (individually and together ‘Publications’) by Equestrian Balance Pty Ltd ABN 47 611 573 909 (‘We’, ‘Us’ and ‘Our’) to a client (‘You’ and ‘Your’).

By submitting any order, Video Material or making any booking for Services or Publications, You indicate to Us your acceptance of these terms.

Risk Warning:

A horse is a large, heavy, herd animal, a creature of flight and can react without warning. It has highly developed senses of hearing, sight and smell, which can cause it to react suddenly and unexpectedly to external stimuli (auditory and visual, real and perceived). These reactions can be potentially harmful to You.

Regardless of its size, weight, education or age, a horse can (amongst other behaviours) bite, bolt, buck, crush, tread, fall, jump, kick, pig-root, rear, roll, shy, slip, stop and turn, or stumble, while You are on, beside or near to the horse. As a consequence, You will be exposed, by interacting with a horse, to the possibility of death, permanent injury or disability (including spinal and brain damage) and moderate or minor harm from a fall (especially if riding without stirrups, a saddle or bridle or at speed), kick, drag, crush, bite or knock, even if You act safely and wear a riding helmet compliant with the safety requirements of current Australian Standards, and protective footwear, but especially if no such helmet or footwear is worn or if You are affected by drugs, alcohol, medication or an existing medical condition (including pregnancy).

You ride, handle and interact with a horse at Your own risk

Consent to Use Audio and Visual Material:

In this clause and elsewhere in these terms:

‘Image’ means any image of You or Your child
‘Recording’ means an virtual meeting (using Zoom or similar technology) at which You participated, recorded by Us
‘Video Material’ means video material submitted by You to Us to enable Us to deliver the Services
‘Review Video Material’ means video material created by Us and supplied to You as part of the Services

You consent to the retention and use by Us of the Video Material (including an Image), the Review Video Material and the Recording indefinitely for educational (including research by third parties), promotional and marketing purposes in connection with or relating to our Services and Publications, including access to the material by Our clients, past, present and future. You may withdraw your consent to the use of an Image prospectively at any time by informing us by email; if you do so, We will obscure the Image to prevent identification of You or Your child.

Purpose of Services:

The purposes of the Services are to educate You to understand and apply learning theory and the use of positive reinforcement and to understand and evaluate a horse’s behaviour and the nuances of its body language to help You train, respond to and engage appropriately with Your horse (‘Purposes’).

Limitations of Services and On-line Information, Instruction and Advice: We and educators and instructors whose on-line services We facilitate, have used due care and skill in formulating and giving information, instruction and advice. However, it remains Your primary responsibility to understand fully and evaluate the appropriateness of such information, instruction and advice before relying on it to ride or handle Your own, or any, horse.

If You have any hesitation, doubt or problem understanding, evaluating or applying any such information, instruction or advice, You must always seek in-person help and supervision from someone experienced, knowledgeable and qualified in respect of horses before relying on it and proceeding further.

Disclaimer:

We do not make any representation or warranty as to the accuracy, reliability or completeness of any information, instruction or advice conveyed by third party educators and instructors nor do We accept responsibility for errors, omissions or misrepresentations contained in Publications.

You acknowledge that it’s possible that Our Services will not achieve some or all of the Purposes or a purpose or expectation that You held due to undetected sub-clinical issues, undiagnosed or misdiagnosed injury, illness or disease, or to innate or inherent characteristics relating to behaviour and temperament of Your horse. As a result We cannot guarantee that the outcome that you need or expect from the Services will be achieved or sustainable through no fault of Us or our third-party educators and instructors, even exercising all due care and skill.

In Person Instruction Recommended: While We have exercised all due care and skill in producing the Publications and delivering our Services, their content can never serve as a substitute for in person instruction and advice by someone experienced and qualified after taking account of Your particular circumstances in real time.

Payment for Services:

Services must be pre-paid. At the time of booking Services, You will be required to pay on-line using payment options offered.

Invoices:

Our invoices are payable on receipt. Invoices unpaid longer than 7 days incur a late payment fee of $30 and interest at 15% per year calculated on monthly rests. We may charge You a surcharge for any credit card payments.

Cancellation and Refund:

If You wish to cancel an order, through no fault of Ours, You may do so, but We will not refund or credit you unless We are required to do so by law. We may choose to offer you a credit (in our absolute discretion) if you cancel an order within 48 hours after payment of Our invoice provided You have not already received Our Services or Publications.

Intellectual Property Rights:

We retain all right, title and interest (including copyright and all other intellectual property rights) in Services and Publications supplied by Us. You must not copy, reproduce or plagiarise in whole or part such Services or Publications.

Confidential Information:

Any information which is marked as such or which You or We know or ought to know is to be treated as confidential (including personal and financial information) is ‘Confidential Information’. We and You agree to keep all Confidential Information strictly confidential and not to disclose it to third parties unless required or allowed by law or with the consent of the other party. This clause does not apply to the Video Material, Review Video Material or an Image.

Limitation of Liability:

To the fullest extent permissible at law, You release and discharge Us (including Our officers, employees, agents, successors, assigns and third-party content providers) from all and any loss, injury, claim, liability, damage or cost (including legal costs on a solicitor/own client basis) made against or incurred or suffered by Us directly or indirectly by reason of, caused by, or relating to:

errors, omissions, mistakes and inaccuracies, and misstatements, misleading statements and out-of-date statements - whether negligent or not - in the Services and Publications
Your use, reliance on, or misuse of the Services and Publications
Our negligence or fault in connection with the Services, the Publications or Our performance or observance of any obligations under these terms
breach of an implied warranty, condition or guarantee under the written or unwritten law of Western Australian or the Commonwealth
breach of a guarantee under Subdivisions A and B of Division 1 of Part 3-2 of the Australian Consumer Law (Western Australia) in relation to Services or Publications (the provisions of which subdivisions are excluded).

If the above limitation is void, voidable or unenforceable (if it cannot be read down to remain operative), liability is limited to the replacement or resupply of the Services or the Publications.

Indemnity:

You indemnify, irrevocably and unconditionally, Us and Our officers, employees, agents, successors, assigns and third-party content providers) from all and any loss, injury, claim, liability, damage or cost (including legal costs on a solicitor/own client basis) suffered, incurred or sustained as a result of any demand, claim or legal action by caused by, in connection with or relating to the Services or the Publications.

It is not necessary for Us to incur expense or to make any payment before enforcing a right of indemnity conferred by these terms. You must pay on demand any amount You must pay to Us under this indemnity.

Privacy:

Information you provide Us is collected and stored to process or respond to any order or enquiry and to inform You of upcoming Services and Publications. You consent to Us sharing such information with people employed or retained by Us for those purposes.

We agree to display reference to cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable). Such technologies enable Us to collect personal information such as Your IP address, browser, email client type and other similar details and to track website usage and traffic.

If You wish to withdraw consent, You may manage and control Our privacy controls via Your web browser, including removing Cookies by deleting them from the browser history when exiting the site.

We respect Your privacy. We ensure that Your personal information is kept private and confidential, accurate, up to date, protected from wrongful disclosure and unauthorised access.

We will destroy Your personal information upon Your request (by e-mail) or if it is no longer required by Us, unless it is required to be retained to fulfil obligations under these terms or is required to be retained and/or stored in accordance with law.

Dispute Resolution:

Where any dispute arises between You and Us concerning the supply of anything by Us, the subject matter of these terms or our Services or the Publications, we must in good faith try to resolve the dispute on commercial terms before legal action is threatened or commenced.

Entire Agreement:

These terms constitute the entire agreement between You and Us. Unless a prior representation, warranty or promise is expressly stated in these terms, it is of no force or effect, was not relied on by You, and does not constitute any collateral agreement, warranty or understanding between You and Us. Our officers, employees, agents, successors, assigns and third-party content providers have the right to assert and enforce the provisions of these terms directly on their own behalf as a third party beneficiary.

Non-Disparagement:

You must not personally or through any person or persons on your behalf, disparage, denigrate, defame, slander or otherwise speak ill of Us and Our officers, employees, agents, successors, assigns and third-party content providers, or their business and affairs.

Jurisdiction:

The laws of Western Australia apply to the interpretation and application of these terms. You agree to submit unconditionally and irrevocably to the exclusive jurisdiction of the courts and tribunals of that State with respect to any legal action commenced under or in connection with these terms, the Services and the Publications.

Variation:

We may vary these terms at any time or from time to time by giving You notice. Any variation takes effect immediately for any new order that You place after We send You the notice and Your placement of an order for any new supply is deemed acceptance of the variation.