DRESSAGE PLUS ABN 97224056493 – WEBSITE USE TERMS AND CONDITIONS

Welcome to our website. This website with URL address http://dressageplus.com.au/ and http://courses.dressageplus.com.au/ is owned and operated by Dressage Plus (ABN 97224056493). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs our relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

The term ‘us’ or ‘our’ or ‘we’ refers to, the owner of the website, whose registered office is 97224056493, Victoria. The term ‘you’ or ‘your’ refers to the website user.

Your use of this website is subject to the following terms and conditions:

  1. The content of this website is for your general information and use only. It is subject to change without prior notice.
  2. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: first and last name, date of birth, sex, address, email, phone number.
  3. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
  4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  6. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
  7. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
  8. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
  9. Your use of this website and any dispute arising out of your use of it is subject to the laws of Victoria.
  10. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
  11. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
  12. These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
  13. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
  14. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
  15. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
  16. Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, follow the link available.

DRESSAGE PLUS ABN 97224056493 – TERMS OF SERVICE

SALES TERMS AND CONDITIONS

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – PAYMENTS

All orders are placed in Australian dollars.

In the case that you pay for an order with your credit card, we do not store your credit card number on our servers, however it may be retained by our payment gateway provider (PayPal and Stripe) in circumstances where this is required.

In the case of offline payment, we will contact you to arrange payment. This process must be completed before your order can be fulfilled.

In cases where your payment for an order fails for reasons including but not limited to insufficient card credit, or cheque dishonour, your access to membership may be paused or cancelled until payment issues rectified.

PRICES AND TAXES

Prices are displayed to Australian visitors of this website (unless otherwise marked) including GST if applicable to the product, and in Australian Dollars.

If we determine that you are in a foreign country, we may display prices to you without GST and/or in alternate currencies.

PAYMENT PLANS

Full access to any product purchased using a payment plan (where offered) ‘may’ be restricted if payment fails. Failure to make all payment ‘may’ result in exclusion from any paid product forums or groups.

For all monthly memberships or subscriptions and payment plans, payments made by credit card will be automatically processed on the monthly due date.  If the credit card bounces for any reason, attempts to charge will be made in the following days/weeks.  If the card continues to bounce or rejects the payment, or if a charge-back is claimed by the client or their bank, the matter will be handled internally with written notice or transferred to a debt collection agency and reported if there continues to be a failure to pay.

Invoices for any Dressage Plus program are automatically generated and can be requested at any time by emailing info@dressageplus.com.au

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our guarantee policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ONE ON ONE COACHING SESSION

Sessions are to be paid for in full prior to booking. Session cost is charged in AU$ unless otherwise indicated.

Any advice provided is suggestive only, taking action on advice is at the full discretion of the client and we will not be liable for results based on actions taken. It is the client’s responsibility to fully and completely research any suggestions, tactics, plans or strategies before undertaking action.

GROUP COACHING / WORKSHOPS / CLINICS

Group Coaching, workshops and clinic programs allow a fixed number of participants. For that reason, we do now allow simple “change of mind” or “change of circumstance” refunds or transfers to other programs.

Our “No Backing Out” policy is subject to the Trade Practices Act 1974 (Cwth) and Sale of Goods Act 1958 (Vic). No part of these terms of use is to be taken as an express or implied repudiation of our obligations under these pieces of legislation.

Any advice provided is suggestive only, taking action on advice is at the full discretion of the client and we will not be liable for results based on actions taken. It is the client’s responsibility to fully and completely research any suggestions, tactics, plans or strategies before undertaking action.

CANCELLATIONS

Rescheduling or cancellations of private appointments should be done at least 24 hours before the planned date. I understand that ‘life’ can happen and you may be in a situation where you cannot attend a session. Should this occur you will be waivered the first cancellation, however any future cancellations may incur 50% payment of the session fee.

PARTICIPATION IN FREE AND PAID GROUPS, FORUMS AND INTERACTIVE AREA’S

You agree that you will not:

  • Use our forum, private Facebook group or any other user interactive area of our site for any illegal purpose,
  • Place any material in our forum, private Facebook group or any other user interactive area of our site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party,
  • Place any material in our forum, private Facebook group or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person,
  • Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, private Facebook group or any other user interactive area of our site,
  • Place materials in our forum, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.

SECTION 6 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 7 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

GUARANTEES
Should any of the coaching packages, programs or 1:1 sessions you commit to with Dressage Plus, not be a match for you I will happily refund your payments made up to that point in time.

Please note this guarantee is only available upon up to 30 minutes after the completion of the first workshop, our first 1:1 coaching session together for coaching packages, or within 30 days from the purchase date for any online courses purchased.

If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact info@dressageplus.com.au

LIMITATION OF LIABILITY

Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages resulting from the purchase, delivery, use, or return of any product or service purchased from this website beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 8 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 9 – DANGEROUS ACTIVITY ACKNOWLEDGEMENT

In consideration for being permitted to participate in any way in horse sport activities, I, the undersigned, understand, acknowledge and accept that: Horse sports are a dangerous activity and horses can act in a sudden and unpredictable (changeable) way, especially if frightened or hurt. There is a significant risk that serious INJURY or DEATH may result from horse sport activities.

I understand and acknowledge the dangers associated with the consumption of alcohol or any mind altering drugs and agree not to drink alcohol or take drugs prohibited by law before or during any horse sports activities. I agree to follow the directions of any event organiser or official and that any misconduct or refusal by me to follow any direction of any organiser or official can result in the CANCELLATION of my participation in the activities and my immediate removal from my horse NO MATTER where that may occur.

I agree to wear an approved helmet at all times whilst participating in the sport where this is required under the relevant EA and FEI rules and regulations.

By ticking the box provided you agree that you have had sufficient opportunity to read this Dangerous Activity Acknowledgement and fully understand its terms and sign it freely and voluntarily.

SECTION 10 – DISCLAIMER

Your use of Dressage Plus and any of the products is at your own risk.  Please use common sense and recognise that all horse related activities encompass risk. The material on Dressage Plus is made available on the understanding that users exercise their own skill and care with respect to its use. Your use of www.dressageplus.com.au is at your own risk.

Dressage Plus makes no warranty of any kind, express or implied, as to the accuracy or completeness of the content, including but not limited to, implied warranties or merchantability, noninfringement, title or fitness for a particular purpose or use. Dressage Plus does not warrant that the website is compatible with your equipment or is free of errors, viruses or other defects and is not liable for any damages you or any third party may suffer as a result thereof.

Under no circumstances including, but not limited to negligence shall Dressage Plus be liable to you for any direct or indirect, punitive, special, incidental or consequential damages allegedly sustained by you or any third parties from your use of the website or the content of your inability to access or use the service.

Before relying on the material in any important matter, users should carefully evaluate the accuracy, completeness and relevance of the information, and should obtain appropriate professional advice relevant to their particular circumstances. Any application of the techniques, ideas, and suggestions from Dressage Plus is at the reader’s sole discretion and risk.

Your use of the application of the content viewed on Dressage Plus is at your own risk. In the event where you, your horse or any third party may suffer injury or illness Dressage Plus is not liable for any damages.

SECTION 11 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@dressageplus.com.au.

Last Updated: October 2016