Terms and Conditions

(as at 20220729)

1. Introduction

Welcome to the Horse Records Website. As condition of Your use of the app and website (which requires users to log in for access) of the Horse Records You must agree to these Terms of Use.

In these Terms of Use, the terms "You" and "Your" refer to the user of the Horse Records system.

By registering for a Horse Records account and using the Portal, you agree to be bound by these terms of use. Importantly, this means making sure you know and follow your responsibilities.

Please read these terms of use carefully as they set out a number of key requirements relating to your use of Horse Records.

2. Changes to terms of use

When we make changes to these terms of use, you will need to accept the new terms of use to continue using your Horse Records account. We will notify you of the changes to the terms and conditions.

New terms of use will replace any Horse Records terms of use you have previously accepted.

3. Terms of Use

If You are accessing and using an account on behalf of someone else, You represent that you have the authority to bind that person as principal to these Terms and Conditions.

You remain solely responsible for complying with all applicable laws in your state or territory in connection to Your use of Horse Records. It is Your responsibility to check that storage of, transfer and access to the materials You transmit or input via Horse Records will comply with all laws applicable to You in your state or territory.

3.1 Acting on behalf of an organisation

To use Horse Records to access data relating to, or to carry out a transaction for, an organisation:

3.1.1 You must be currently appointed by that organisation to access that data or carry out that transaction on their behalf, and that appointment must not have been revoked; and

3.1.2 If that appointment is based on You holding a certain position within that organisation, You must currently hold that position.

4. Privacy and your personal information

We will collect your personal information (as defined in the Privacy Act 1988 (Privacy Act)) that you submit using Horse Records.

Your personal information is protected by law, including the Privacy Act. Any use and disclosure of your personal information will occur in accordance with the Privacy Act.

We disclose information to any third party ONLY upon approval or request by the account holder.

5. Your responsibilities

It is important to understand your responsibilities when using your Horse Records account.

If you do not comply with the responsibilities set out below, we may lock, suspend or terminate your Horse Records account and in some instances, it is possible you could face civil or criminal penalties.

If you do not keep your personal information secure, it is possible someone could try and pretend to be you online and use your account.

(a) Provide correct, complete and up to date information

You are responsible for making sure your personal and company details (such as your name, company name, address, contact details) are correct and up to date in your Horse Records account. If your details change, you should login to the Horse Records account to update your details or email the support team.

You understand that providing false or misleading information or documents (including forms) to us can have serious legal consequences and may result in termination of your account.

(b) Keep your Horse Records account safe

You are responsible for your Horse Records account and making sure only you can access it. You must not allow someone else to login or use your Horse Records account.

You must keep your Horse Records account user name, password and Authenticator Application safe. Do not share these details with anyone else.

If you do not take reasonable precautions to keep your Horse Records account details safe, for example, if you give someone your details so that they can login to your account, you are responsible for everything that person does with your account.

(c) Report any suspicious behaviour on your account

If you think that someone else has accessed your Horse Records account, you need to let us know as soon as possible. You agree that we may monitor your access to and use of Horse Records.

You will change your password immediately if you think someone else has become aware of it or if there is an unauthorised access of your account.

(d) Do not access another person's Horse Records account

You are not allowed to access another person's Horse Records account under any circumstances.

(e) Banned uses of your Horse Records account

You are not allowed to use the Horse Records account, or use your account:

6. Limited Liability

6.1 Horse Records does not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through this Portal.

The Company and Authorised Users are solely responsible for the information posted to, or entered into any information fields on, the Portal (including but not limited to the accuracy of any such information or any results produced with it). Horse Records is not liable to the Company for any information, material or content provided by the Portal and utilised by the Company, or for any error that such information, material or content causes or contributes to.

6.2 Internet communications may be susceptible to interference or interception by third parties. Despite its best efforts, Horse Records makes no warranties that this Portal is free of infection by computer viruses or other unauthorised software. Horse Records will not be liable for any loss, damage, cost or expense resulting from any breach of a security measure (including viruses or other unauthorised software).

6.3 Horse Records is not liable to the Company or any other person for any Loss and Indirect Loss arising out of Horse Records supply, failure to supply, delay in supplying, or incorrectly supplying the Portal or any information intended to be provided through the Portal, or for the unavailability or failure in the functionality of the Portal, even where this arises as a result of any act or omission of Horse Records (including, without limitation, negligent acts or omissions).

6.4 The Company and Authorised Users are solely responsible for the information posted to, or entered into any information fields on, the Portal (including but not limited to the accuracy of any such information or any results produced with it). Horse Records is not liable to the Company for any information, material or content provided by the Portal and utilised by the Company, or for any error that such information, material or content causes or contributes to.

6.5 Horse Records excludes liability to the Company and all Authorised Users for Indirect Losses arising in any way in connection with the Portal or these terms of use.

7. Indemnity

7.1 You will be responsible for (and you indemnify us against) any loss or damage to any person arising from any one of the following:

(a) Any breach by you of these Terms and Conditions;

(b) Any wilful, negligent or unlawful act or omission by you in relation to, or in the course of using, this Portal.

8. Links to other websites

Horse Records may contain links to third-party web sites or services that are not owned or controlled by Horse Records.

Horse Records has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Horse Records shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.


9. Payment

9.1 By registering your Account and providing us with the details of your Payment Method, you authorise us to charge your Payment Method the membership Fee for your chosen membership Plan in accordance with this Agreement.

9.2 The membership Fee for your membership Plan will be charged to your Payment Method at the end of the billing month.

9.3 Your first monthly membershup period for your membership plan will start on the 1st of the corresponding month of your activation date. This is your payment start date. If you sign up for Horse Records, that is not the first of the month, that month will be free. For example, if you start your Horse Records membership on the 25th of August, your Horse Records membership will be free up until the 31st of August.

(a) When Horse Records has approved your details provided and

(b) The payment method is validated.

9.3.1 You will be charged each month for the horse days you accumulate by the membership plan selected. This will be from the membership period start date through to the final day of the month.

9.4 At the end of the first monthly membership period and each monthly membership period thereafter (for both your membership Plan and Add-On Plan (if relevant)). Membership periods are 365 days. Membership periods start from the first payment start date. We will send you an email prior to the end of your membership period. Renewal is for 365 days only.

9.5 We charge your Payment Method based on the amount of Horse Days that you or your business accumulates for the month until you or your business cancels your Account.

9.5.1 ‘Horse Days’ are calculated by the Number of Horse’s on Site Per Day for Each Day in the Month divided by the Number of Days in the Month.

9.5.2 For businesses memberships, Horses are only calculated in the equation for horse days if they are on your location for more than 75% of the month. If they are at your location for less than 75% of the month, they will not be included in the calculations for horses on your location for charging purposes.

9.5.3 For Horse Owner Memberships, Horses that spend less than 75% of the month at a Horse Records Business Location will not be attributed to your location for the month. If the horse is not at a Horse Records business location but they are not at your location for more than 75% of the month, you will still be charged for that horse as being on your location.

9.6 If you registered an Account via a third party and registered your Payment Method with the third party, you can find the billing information about your Horse Records membership by visiting your Account with the applicable third party.

9.7 We may make any changes to the membership Fee (including increasing the membership Fee) for the membership Plan you are currently subscribed to at any time by giving you at least 30 days’ notice except where such increase is required by law or any regulatory authority (in which case we will try to give you reasonable notice).

9.8 If we are unable to collect the membership Fee and/or Add-On membership Fee (if relevant) from your Payment Method(s) for any reason, including, without limitation, expiration or insufficient funds, you remain responsible for any uncollected amounts and we may suspend or cancel your access to the Horse Records Service without giving you notice until we have successfully charged a valid Payment Method. If your membership Account is cancelled, Horse Records can cancel it for any period of time.

9.9 If we are able to collect the membership Fee and/or Add-On membership Fee (if relevant) from your Payment Method(s) during a period of suspension under clause 9.9 (including without limitation where you provide us with new or updated details of your Payment Method) we will reinstate your access to the Horse Records Membership and your new monthly membership period will commence on the date we successfully validate your payment methods.

10. Billing and Cancellation

10.1 If you cancel your membership within a certain day of the month, we will calculate the horse days based on the days of your membership that your account was active in the month. You will then be charged at the end of the month based on the days your account was active.

10.2 You must ensure that the details of your Payment Method remain accurate and up to date. You can change your Payment Method details by visiting the account page once you have logged into your Horse Records account.

10.3 You can cancel your Horse Records membership at any time. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused Horse Records membership. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close and you will be charged for the Horse Days you used within that billing month. If you signed up for Horse Records using your account with a third party as a Payment Method and wish to cancel your Horse Records membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Horse Records service through that third party. You may also find billing information about your Horse Records membership by visiting your account with the applicable third party.

11. Tracking and Cookies Data

11.1 We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

11.2 Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

11.3 You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.

Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

Security Cookies. We use Security Cookies for security purposes.


Contact Us

For more information about any issue raised in these Terms and Conditions or any other concerns, please contact us:

info@horse-records.com.au
Privacy Officer
c/o HORSE RECORDS
177 BENNETTS ROAD
NORMAN PARK QLD 4170