Welcome to https://www.sacredhorse.com.au(our Site).
This Site gives you an opportunity to browse and purchase products and services for horses, as offered by Gizelle Hamilton Pty Ltd t/as Sacred Horse on behalf of The Trustee for Gizelle Hamilton Enterprise Trust (Sacred Horse, we, us).
These Terms and Conditions (Terms) govern your use of this Site, as well as Sacred Horse’s products and services, and form a binding contractual agreement between you and us.
These Terms are important and you should ensure that you read them carefully and contact Sacred Horse at firstname.lastname@example.org you have any questions before purchasing our products or engaging our services.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
Sacred Horse’s products and services are intended for people aged 18 and over.
ACCEPTANCE OF TERMS
By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services.
All Sacred Horse products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
Sacred Horse provides support, guidance and tools for you to support your horse in maintaining optimal health using traditional methods, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, motivation and full consultation with your Veterinarian before implementing any advice.
Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
You acknowledge and agree that Sacred Horse, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
Sacred Horse cannot and does not make any guarantees about your ability to get results with our ideas, information, tools, strategies, plans or formulas. You acknowledge that health matters are inherently complex and that all matters related to your horse’s health must be discussed with your Veterinarian, especially prior to implementing changes such as changing diet and lifestyle or providing any supplements.
The products and services offered by Sacred Horse are not a substitute for Veterinary or other professional advice. None of the information provided is intended to be used as specific medical advice and it is not intended to diagnose, treat, cure or prevent any disease, nor is it a substitute for advice from your own Veterinarian.
Any testimonials or representations of client results referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.
Sacred Horse does not accept any responsibility for any injury, loss or damage incurred by use of or reliance on the information and advice provided.
REGISTERING YOUR DETAILS
Before you purchase our products and/or services, you may elect to register an account with us.
You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
We may at any time request a form of identification to verify your identity.
If you are a registered user or member to this Site, you acknowledge and agree that:
You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
- You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
- You will immediately notify us if your Password is lost or becomes known to any other person;
- You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
- Any information you provide to us for posting or inclusion in our Sacred Horse Community, at any time, becomes our property.
You must ensure the security and confidentiality of your registration details, including any username and/or password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
Where a member service is for one user only, you will not let any other person use your password or any registered user or member services.
When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Sacred Horse Community) or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Sacred Horse Community any of the following:
- Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
- Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
- Information that includes personal or identifying information about another person without that person’s consent.
- Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
- Any information or content that impersonates any person or entity.
- Any material, non-public information about companies without authorisation to do so.
- Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
By posting or otherwise publishing Your Content on our Site or Sacred Horse Community, you:
- Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
- Warrant that you have the right to grant the above licences;
- Warrant that Your Content does not breach these Terms; and
- Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
We reserve the right (but have no obligation) to:
- Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
- Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
CODE OF CONDUCT
Our Site and Sacred Horse Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
Whilst using this Site and/or our Sacred Horse Community, we ask that you not:
- Contact anyone who has asked not to be contacted.
- Collect personal data about other users for commercial or unlawful purposes.
- Infringe other user’s privacy rights.
- Violate the intellectual property of others.
- Post anything that contains software viruses, worms or any other harmful code.
- Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
- Please see our Sacred Horse Community Guidelines in the appendix to these Terms for more information.
We respect your confidential information and by using our products and/or services, you agree to respect the same rights of the other Sacred Horse product and/or services participants (Participants) and representatives of Sacred Horse.
- That any confidential information shared by Participants or any of our representatives is confidential and belongs solely and exclusively to the Participant who discloses it or to us.
- Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
- That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
- That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
- While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
COPYRIGHT AND TRADE MARK NOTICES
All material on this Site, in our Sacred Horse Community or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial or personal use, you must obtain our prior written permission if you would like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Sacred Horse. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Sacred Horse, in any manner that is likely to cause confusion with customers, or in any manner that disparages Sacred Horse.
Nothing contained on this Site or in our Sacred Horse Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Sacred Horse will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
RIGHT TO TERMINATE
We reserve the right to terminate your use of the Site, Sacred Horse Community or our products and/or services generally if you breach these terms, as determined by us at our sole discretion.
Refunds are not provided for our products and/or services that have been rendered by us, including where you have been given access to Our Content or our Sacred Horse Community, whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010.
The cost of all products are clearly defined at the time of purchase through out store and checkout pages.
Where physical products are purchased, the right to a replacement or refund is determined in accordance with the terms set out by Australian Consumer Law.
The cancellation or refund of virtual products and services (such as online courses and classes) are set out in writing prior at the time of purchase and may vary by product or service.
No refund is available for services rendered.
Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of the Sacred Horse team.
Invoices for any Sacred Horse program are automatically generated and can be requested at any time by emailing email@example.com.
Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
- You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
- If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
From time to time, Sacred Horse may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.
For the purpose of the paragraphs below, live events such as workshops, presentations and courses (free or paid), live videos and any other event where there are multiple participants and which are hosted by Sacred Horse will be referred to as ‘Events’.
Events are strictly adults only to ensure professionalism and a quiet working environment for all other attendees.
Sacred Horse reserves the right to exclude you from any Event should you, in Sacred Horse’s sole determination, become disruptive.
You understand and acknowledge that Sacred Horse and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Sacred Horse.
You hereby waive any and all legal rights you may have against Sacred Horse in respect of Recordings of your participation in the event and grant to Sacred Horse the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
You hereby release, discharge and agree to hold harmless Sacred Horse from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
In the unlikely event that Sacred Horse cancels an Event, you will receive a full refund of the purchase price paid for the Event. Sacred Horse will not reimburse any optional expenses including but not limited to flights and accommodation.
LIABILITY IS LIMITED
The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under Australian Consumer Laws.
We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Sacred Horse Community or Our Content.
In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Sacred Horse Community or Our Content.
These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
- Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
- Accessing websites or servers maintained by other organisations through links on our Site, Sacred Horse Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
- The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Sacred Horse Community or through use of our products or services.
As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our Sacred Horse Community.
You cannot transfer or assign your Sacred Horse membership without Sacred Horse’s prior written consent.
We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
Should a dispute arise between us, we strongly encourage you to contact Sacred Horse at firstname.lastname@example.org seek a resolution. Any reasonable requests will be considered and Sacred Horse will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These Terms shall be construed in accordance with and governed by the laws of South Australia. You consent to the exclusive jurisdiction of the courts in South Australia to determine any matter or dispute which arises between us.
We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
If you have questions or comments regarding this Site, or Sacred Horse products or services, please email us at email@example.com
Trading Name: Gizelle Hamilton Pty Ltd, trading on behalf of The Trustee for Gizelle Hamilton Enterprise Trust as Sacred Horse
ABN: 56 904 376 686
Telephone Number: 0422 955 183
We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.
- Horse owners, professionals and enthusiasts of all levels are welcome here.
- We have members of all skill and experience levels, from students to hobby owners and experienced professional.
- Stay respectful
- Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
- No pitching to the group
- We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group members as your peers, not your leads.
- No gated content
- Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.
- Respect confidentiality
- Content gathered in our Sacred Horse Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
- Stay on topic
- We reserve the right to remove posts based on non-relevant or offensive content.
- Partnering with other members
- Access to this group does not mean that Sacred Horse endorses your or anyone else’s opinions, expertise, products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.
- Report posts that are breaking group policies
- Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, by tagging a member of the Sacred Horse team in the comments, or reach out to us directly via private message so our team can review them.
- Breaking the rules
- If you are deemed to be breaking the rules of the group, Sacred Horse reserves the right to remove you from the Facebook group that the offending behaviour has occurred within.