Terms and Conditions

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Equine Functional Solutions

The Power of Movement Therapy

Terms and Conditions

OVERVIEW

The terms “we,” “us,” and “our” refer to the business trading as Equine Functional Solutions. The term the “Site” refers to equinefunctionalsolutions.com.au. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.

SERVICE

Equine Functional Solutions is an information, resource site with in person or online consultations, online training, courses, resources, products and other content relating to various therapy options for equines or training for therapists (the “Service”).

Use of equinefunctionalsolutions.com.au, including all materials presented on the site, and all online or in person services provided by Equine Functional Solutions, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you are agreeing to these Terms and Conditions, without changes.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 16 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Information provided on the Site and in the Service related to equine therapy, courses, consultations, products are subject to change. Equine Functional Solutions makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Equine Functional Solutions disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you maybe be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Equine Functional Solutions will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

DURATION OF AGREEMENT

Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Equine Functional Solutions when there are reasonable delays in the access of the Service.

Equine Functional Solutions reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but are not required to do so under the terms of this agreement.

If you are paying on a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped immediately.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.

CANCELLATIONS & REFUNDS

Equine Functional Solutions offers refunds on faulty products only, not change of mind or misuse. To request a refund please contact Equine Functional Solutions via the contact page or direct email equinefunctionalsolutions@gmail.com with the reasons for your refund request.

PRODUCT DESCRIPTION

We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

COMMUNITY STANDARDS

As a feature of the Service, Equine Functional Solutions will provide access to a community or social media platforms in conjunction with the Service. Equine Functional Solutions has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.

You agree that your use of these community and/or social media platforms is a privilege and Equine Functional Solutions may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Equine Functional Solutions will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Equine Functional Solutions is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Equine Functional Solutions’ brand integrity.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Equine Functional Solutions for promotional purposes, without compensation to you.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Equine Functional Solutions, including trademarks, copyrights, proprietary information, and other intellectual property. Equine Functional Solutions’ copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Equine Functional Solutions copyrighted materials shall remain the sole property of Equine Functional Solutions. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. additionally, Equine Functional Solutions is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Equine Functional Solutions has been advised of the possibility of or could have foreseen the damages.

THIRD PARTY RESOURCES

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Equine Functional Solutions. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Equine Functional Solutions pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Equine Functional Solutions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Equine Functional Solutions

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Equine Functional Solutions
49 Wells Glover Road, Bindoon 6502, Western Australia

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.