MyHappy.Horse Website Terms & Conditions

Please read these terms and conditions carefully before using our website (https://www.myhappy.horse) (the website or our website).

1. Terms of website use

Equilize Horse Nutrition Pty. Ltd. ACN 109 081 601 (we, us or our) owns and operates the website.

By using or accessing the website you acknowledge that you have read, understood and agree to be bound by these terms and conditions (Terms of Use).

If you do not agree to the Terms of Use, you must not use the website.

2. Ownership of content

Unless otherwise indicated, we own or are licensed to use all content and other material appearing on the website.

Nothing in these Terms of Use and nothing you do on or in relation to the website constitutes, or may be construed as, a transfer of any intellectual property or other rights in such content and other material to you.

The material on the website is protected by copyright under the laws of Australia and may not be used without our prior written permission. No trade mark (whether registered or not) that is displayed on the website may be used in any way without the prior written permission of us or of the relevant trade mark owner.

3. We may make changes to these terms

We amend these Terms of Use from time to time to reflect changes in our products and services, changes in the law and our business priorities. Every time you wish to use our website, please check these Terms of Use to ensure you understand the terms that apply at that time.

4. We may suspend or withdraw our website

Our website is made available free of charge.

We do not guarantee that our website, or any content on it, will always be available, uninterrupted or error-free. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

5. Use of website

You must not (and must not attempt to):

(a) interfere with or disrupt the website or the servers or networks that host the website;

(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the website;

(d) delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials on the website; or

(e) use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

6. User Contributions

Our website may include information and materials uploaded by other users of the website, including to comment threads. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.

Our website may contain comment threads, forums and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, User Contributions) on or through the website.

Any User Contribution you post to the website will be considered non-confidential and non-proprietary.

You retain all of your ownership rights in your content, however by providing any User Contribution on the website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights or their right to privacy.

We have the right to remove any post you make on our website if, in our opinion, your post does not comply with these Terms of Use.

You are solely responsible for securing and backing up your content.

You represent and warrant that:

(a) you own or control all rights in and to your User Contributions and have the right to grant the licence granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns;

(b) all of your User Contributions will comply with these Terms of Use;

(c) you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness; and

(d) we are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the website.

We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users please contact us at hello@myhappy.horse.

You must ensure that your User Contributions comply with all applicable laws and regulations.

You warrant that your User Contributions will not:

(e) contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

(f) contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(g) infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;

(h) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (available at the hyperlink below);

(i) promote any illegal activity, or advocate, promote or assist any unlawful act;

(j) impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;

(k) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

(l) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You agree to indemnify us for any breach of the above warranties in paragraphs (e) to (l). This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. In the event of such a breach, your right to use our website will cease immediately.

7. User Account

To enable your access to specific parts of our website and use our applications (My Happy Horse Applications), you may be required to create an account (Account).

You are responsible for maintaining the confidentiality of your login and password details relating to your Account (Credentials) and for all activities that occur under your Account. You should keep your Credentials private and not share your Credentials with anyone else.

If you provide us with any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have done so, or you have otherwise failed to comply with any provision of these Terms of Use, we have the right to indefinitely suspend or terminate or block access to your Account and cease your access to our website and My Happy Horse Applications.

If you believe someone has accessed your Account using your Credentials without your authorisation, e-mail us immediately at hello@myhappy.horse.

8. Privacy Policy

We are committed to protecting the privacy of everyone who interacts with us.

Our Privacy Policy (available at [insert hyperlink]) sets out our commitment to you in relation to privacy, including our use of "cookies".

9. Do not rely on information on the website

The website is provided on an “as is” and “as available” basis and we make no representations or warranties, express or implied, regarding the operation or availability of the website.

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.

10. We are not responsible for websites we link to

Where our website contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

11. We are not responsible for viruses

We do not guarantee that our website will be secure or free from bugs or viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access our website. You should use your own antivirus software.

12. Rules about linking to our website

You may link to our home page and any other page on our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our website must not be framed or mirrored on any other website.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our website other than that set out above, please contact hello@myhappy.horse.

13. Limitation of liability

In no event will we, our affiliates, licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, arising out of or in connection with your use, or inability to use, our website, any websites linked to it, any content on our website or such other websites or any services or items obtained through our website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to indemnify us, our affiliates, licensors, service providers, employees, agents, officers and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the website, any information obtained from the website and the website’s content, services and products other than as expressly authorised in these Terms of Use.

14. Other terms and conditions

Additional terms and conditions may also apply to specific portions, services or features of the website. All such additional terms and conditions are incorporated by reference into these Terms of Use.

15. Governing law

We operate the website from Australia. These Terms of Use, their subject matter and their formation, are governed by the laws of the State of New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. You agree to be responsible for compliance with applicable local laws if you access the website outside Australia.