TERMS AND CONDITIONS – TRANSITIONING THOROUGHBREDS FOUNDATION

Please take a moment to review our below Terms and Conditions:

1. Definitions and Interpretation

(a) In these Terms and Conditions unless the context requires:

Application means the application form that you are required to complete and submit to the Company for consideration of Membership.

Business Day means a day on which banking institutions generally are open in Brisbane, Queensland but excluding Saturdays, Sundays and public holidays in Brisbane, Queensland.

Company means Transitioning Thoroughbreds Foundation Limited ACN 637 521 576 (TTF)

Intellectual Property means:

(i) all intellectual property and other proprietary rights (including without limitation all copyright and trade mark rights) however arising and wherever existing, whether registered or unregistered, relating to TTF; and

(ii) any rights to registration of such rights created in both Australia and elsewhere.

Membership means the classification or category of your Membership as set out in the TTF Constitution. 

Products mean any Products sold on the Site by TTF. 

Service/s means any services provided by TTF, including but not limited to services associated with the equine industry. 

Site means the TTF website being www.transitioningthoroughbreds.org

Subscription Fee means the fee associated with your Membership category and as stipulated on the Site.

Term means the length of time, measured in months, of your Membership as stipulated on the site.

TTF means Transitioning Thoroughbreds Foundation Limited ACN 637 521 576.

(b) References to “Company”, “in”, “we”, “us” or “our” are references to TTF and its subsidiaries, associates, and officers unless otherwise stated.

2. General

(a) The Company owns and operates the Site.

(b) The Site is an information website where you can browse information for general interest and personal use.

(c) Your access to the Site is conditional upon your acceptance and compliance with these Terms and Conditions.  Your use of, and access to the Site constitutes your agreement to these Terms and Conditions.

(d) If whole or part of any clause in these Terms and Conditions is illegal, unenforceable or void, the remainder of the Terms and Conditions has full force and effect and enforceability.

3. Information

(a) Any information, advice or recommendations (Information) provided by TTF is given for general interest and personal use only.

(b) Any information provided by TTF is not to be considered professional advice, endorsement or a recommendation.

(c) Any person relying on any information obtained from this website does so at their own risk.

(d) This information may not be reproduced or reused in any way or for any purpose without prior written permission from TTF.

4. Prices and other charges

(a) All references on the Site to $ and dollars are to Australian currency.

(b) All pricing includes Goods and Services Tax unless otherwise indicated.

5. Obtaining Membership

(a) To apply to become a member, you will need to submit your Application through the Site in accordance with these Terms and Conditions.

(b) To enable us to provide Membership, we may require additional details from you or require you to confirm your details.

(c) To become a member of TTF you must be over 18 years of age.  We do not knowingly send information to people under 18 years of age.

6. Acceptance or rejection of Membership

(a) TTF reserves the right to accept or reject your application for Membership for any reason.

(b) If your Membership is rejected then we will endeavour to notify you of that rejection at the time you submit your Application or within a reasonable time after the Application is submitted.

7. Cancelling a Membership (by us)

We may cancel all or part of a Membership (including accepted Memberships) without any liability to you for that cancellation if the Membership was applied for in breach of these Terms and Conditions.

8. Cancelling a Membership (by you)

(a) As a member, you may cancel your Membership prior to the conclusion of the Term due to circumstances beyond your reasonable control, this may include:

(i) serious injury; or

(ii) serious illness; or

(iii) loss of employment.

(b) If you do cancel your Membership in accordance with clause 8 (a), you will only be required to pay the Subscription Fee for that calendar month.

9. Your obligations

(a) You warrant that:

(i) all information provided by you to us is complete, accurate and up to date;

(ii) you will comply with all relevant laws in relation to your use of the Site including subscription to any Membership with us;

(iii) you will ensure that your login details (including password) are kept in a safe and secure manner;

(iv) you will notify us if you are or become aware that there has been unauthorised use of your Membership;

(v) you will advise us of any changes to your information provided to us in the Membership process;

(vi) you will comply with these Terms and Conditions; and

(b) You agree that you will not:

(i) use the Site for any activities that will infringe any third party’s rights, or breach any laws, regulations or other industry standards;

(ii) use the Site in a way that interferes with other users or patrons use of the Site;

(iii) make fraudulent requests or enquiries through the Site;

(iv) impersonate another person or use their details without their permission when using the Site;

(v) transmit or post to, from or through the Site any content which infringes a third party’s rights, is misleading or deceptive, false or otherwise inaccurate, is unlawful, threatening, obscene, defamatory, indecent, pornographic or which constitutes spam or unsolicited or bulk electronic communications;

(vi) hinder or interfere or attempt to hinder or interfere with the operation of the Site;

(vii) knowingly transmit viruses, worms, defects, trojan horses, or similar disabling or malicious code to the Site;

(viii) use any spider, robot, site search and retrieval application or other mechanism to retriever or index any portion of the site;

(ix) modify any part of the Site; or

(x) attempt any of the above acts or engage another person to do any of the above acts.

10. External links

(a) The Site may contain links to third party websites not operated by TTF or related to TTF.

(b) You acknowledge and agree that:

(i) these links do not indicate (expressly or impliedly), that we endorse the external site or its products or services; and

(ii) you access those sites solely at your own risk.

(c) TTF has no control over these sites and will not accept any responsibility or liability for any loss or damage suffered by you arising from or caused by any linked site.

11. Viruses, faults and defects

(a) You acknowledge and agree that–

(i) TTF does not claim that any information or files contained on the Site are free from viruses or other defects and faults;

(ii) TTF has no responsibility or liability to you or any other person for any loss or damage (direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the result of any such information; and

(iii) you are responsible for scanning any information and files contained on the Site for viruses.

(b) You are responsible for scanning any information on the Site for viruses.

(c) If TTF is found to be liable this will be limited to the cost of supplying the information again.

12. Advertising Content

(a) We may display advertising, sponsored or commercial content (collectively Advertising Content) on the Site, and you herby agree that TTF may place such Advertising Content on the Site.  The mode, manner and extent of the Advertising Content may change from time to time without specific notice provided to you.

(b) Some Advertising Content displayed on the Site may be based on information collected from tracking technologies.  These technologies are used to find tune the Advertising Content to products and services that better suit your needs.

13. Intellectual Property

(a) You acknowledge and agree that:

(i) the copyright in the Site including but not limited to the software design, text, graphics, layout and material (the Material) on the Site are owned, licensed to or lawfully used by us;

(ii) you must not change, copy, adapt, store in a retrieval system, reproduce,  reverse engineer, store, upload, post, transmit, sell, distribute in any way or communicate to the public the Material without prior written consent; and

(iii) the Site may contain trade marks which are owned by us or third parties, and that you agree not to use any of the trade marks appearing on the Site without our prior written permission.

(b) You acknowledge and agree that:

(i) you must not assert any right to or over our Intellectual Property in any manner;

(ii) take or appropriate any Intellectual Property as your own;

(iii) take any action which would or might invalidate, challenge, oppose or otherwise put into dispute our title to the Intellectual Property;

(iv) you must not use any of our Intellectual Property without our prior written consent;

(v) you must not use any of the other Intellectual Property for third parties listed on our Site without obtaining the relevant third party owner’s written consent; or

(vi) cause, permit or assist any other person directly or indirectly to do any of the above acts.

14. Disclaimer

There may be instances where content of the Site contains errors (including typographical), inaccuracies, or omissions that may relate to Product descriptions, pricing and availability.  To the full extent permitted by law, TTF reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you.

15. Complaints

(a) If you have a complaint please fill out and submit a form on the Contact Us Page of the Site. 

(b) We will use our best endeavours to respond to your complaint within seven (7) Business Days.

16. Changes to Terms and Conditions

(a) TTF reserves the right to, at any time:

(i) amend, update, change or remove any part of the Site;

(ii) suspend or restrict your access to the Site if you are in material breach of these terms; and

(iii) stop or suspend operation of the Site.

17. Privacy

TTF is bound by the Privacy Act 1988 (Cth).  See our Privacy Policy for more information on how and why personal information is collected, held and disclosed.

18. Warranty and Liability

(a) You access and use the Site at your own risk. We make no guarantee that the Site will operate continuously or securely, that the Site will operate error free or in a timely manner, that the Service is free of bugs, viruses, interference or harmful applications.

(b) TTF does not warrant that its Products and Services will be suitable for any particular purpose.

(c) In consideration for being given access to the Site, you release and forever discharge TTF, its employees, servants and agents from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether indirect, direct, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of the TTF’ Site, Services or any of the links provided on the Site or reliance by you or any person upon information contained or downloaded from this Site.

(d) All implied warranties are excluded to the full extent permitted by law.

(e) TTF’ liability and that of its employees, servants or agents for any breach of any warranty or condition implied by law or other, and which cannot be excluded is limited to the extent possible, at Early Thought’s option to:

(i) the supply of the relevant Products and Services again;

(ii) repair of any Products; or

(iii) payment of the cost of having the Products or Services supplied again or repaired.

19. Indemnity

You indemnify us, and our officers, employees, agents, subsidiaries and joint venturers against any claims or demands (including legal fees and costs), which are made against us by any third party which arise out of or are due to your breach of these Terms and Conditions, or which result from your infringement of any applicable law or any applicable rights of a third party while using the Site.

20. Severability

If any provision of these Terms and Conditions is deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the enforceability of any other provision of these Terms and Conditions.

21. Governing Law

These Terms and Conditions will be governed, read and construed in all respects with the laws of the State of Queensland, Australia.

22. Entire Agreement

(a) These Terms and Conditions constitute the entire agreement of the parties and supersedes all prior understandings, negotiation, agreements, written or oral, express or implied.

(b) No waiver or breach of any term of these Terms and Conditions shall constitute a precedent or a waiver of any succeeding or other breach of the same.

23. Changes to the Terms and Conditions

We may amend these Terms and Conditions at any time. We will advise you of any changes to the Terms and Conditions by posting an updated version on our website at:

www.transitioningthoroughbreds.org