- Five Star Company Pty Ltd (ACN 121 924 712) ATF Five Star Trust (‘we’, ‘us’ or ‘our’) provides ECEi website located at url http://www.ecei.com.au and all associated content to its users on a user pays basis (the ‘Website’).
- Any user that utilises the Website (‘you’ or ‘your’) agrees to and accepts these terms as a legally binding agreement between you and us. These terms take legal effect on the date of your use, and each subsequent use of the Website.
- Use of the Website or any content contained therein does not constitute professional advice on behalf of us or any contributor, agent, contractor, director, employee or assignee of us.
- Any results, information or outcomes presented, published or otherwise communicated to a user through the use of the Website do not represent a professional opinion or advice and may not be suitable for your use.
- Any use of the Website, and any results, information or outcomes presented, published or otherwise communicated to you on account of that use is bound by these terms.
- To the maximum extent allowable by law, we exclude, and do not make any representation, warranty or endorsement of any kind, whether expressed or implied except which may be implied by statute and are incapable of exclusion, in respect of any results, information or outcomes presented, published or otherwise communicated to you on account of use of the Website or any associated webpages, forums, blogs, applications or software.
- All content and services associated with the Website are provided on an ‘as is’ and ‘as available’ basis. We make no guarantees, and do not warrant that the use of the Website, or any content provided on account of that use will provide any coaching, sporting, health or other benefits that may apply to you.
- To the maximum extent permitted by law, we exclude all liability for any loss or damage whatsoever which arises or is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of the use of, reliance on, or action taken as a result of, any information or material in the Website for any decision or otherwise.
- You hereby waive, release, forgive, discharge, relinquish any and all claims that you may have against us, our related bodies corporate, directors, officers, employees, contractors, agents and representatives (those indemnified), in connection with, or arising out of, or incidental to, your use of the Website, and indemnify same from and against:
- any loss or damage or liability for any loss or damage incurred by you relating to the Website;
- any loss, liability, claim, demand, damage or expense (including legal fees) made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:
- your use of or reliance on information contained in or accessed through the Website; or
- breach by you of these terms.
SUBSCRIPTION - TERMS AND CONDITIONS
This document sets out the terms and conditions on which Equestrian Coach Education International Pty Ltd (ACN 613 156 193) ECEi (“Company”) grants you (the “you” or “Subscriber”) a subscription to the url http://www.ecei.com.au (“the Website”) according to your Subscription. By accessing the Website and using the Content, you agree to the terms and conditions contained in this document (“the Subscription Agreement”) and the accompanying sign up page (“Subscription Form”).
The Website and the Content is protected by the copyright laws. The access to and use of the Website and the Content is subject to terms and conditions contained in this Subscription Agreement.
In this document:
“Subscription Fee” is set out on the Subscription Form.
“Communication Facilities” means electronic bulletin boards, chat rooms and other facilities which provide for provision of feedback by users and members, such as real-time interaction between users and members and other electronic messaging forums, blogs and related services provided on the Website from time to time.
“Content” means all information, text, material, graphics, software and advertisements uploaded and displayed on the Website, with the exception of material the Subscriber uploads to the website under clause 5(a).
“Subscription Agreement” means the Subscription Form together with these terms and conditions (as amended from time to time).
“Subscription Form” means the form
“Term” has the meaning given in clause 2.
“Website" means the website located at url http://www.ecei.com.au.
This Subscription Agreement commences on the date you access the Website and start to access the Content. Subject to payment of the relevant Subscription Fee, the Agreement continues in accordance with the terms of the Subscription.
- Company grants Subscriber a non-exclusive, non-transferable right to access the Website and use the Content in accordance with the terms of this Subscription Agreement. Subscriber must not make any copies of the Website code, take screenshots of the Website or the Content for reproduction without the Company’s express consent or otherwise copy any Content except in accordance with this Subscription Agreement.
4. USAGE IS PERSONAL.
- Subscriber must not allow any other person to access to Website or use the Content through their subscription.
5. COMMUNICATION FACILITIES AND INFORMATION USE
- If the Subscriber contributes postings or any content to the Website, the Subscriber grants to the Company a royalty free, worldwide, perpetual, non-exclusive, and irrevocable licence to publish, translate, distribute, and reproduce anything the Subscriber submits to the Website or write about the Website (including emails), in any form, and by any current or future media or technology. The Subscriber consents to the Company not attributing the Subscriber’s authorship to any of the relevant postings to the Website. The Company may also publicly display any information that the Subscriber submits.
- In utilizing these Communication Facilities, the Subscriber must not:
- restrict or inhibit any other user or member from using or accessing any part of the Website;
- use the Website to post or transmit any information or material that is unlawful, threatening, abusive, defamatory, pornographic, profane or otherwise offensive information or material of any kind;
- tamper with, hinder the operation of, or make unauthorised modifications to the Website, including the removal of any copyright, trade mark or other proprietary rights notices contained in or on the Website;
- knowingly transmit any viruses, worms, defects, trojan horses or other component designed to harm or hinder the hardware, software or other facilities of the Company or any of the Company’s users or members;
- use any means to retrieve or index any portion of the Website, or collect any information about other users or the Company’s user accounts;
- create user accounts by automated means or under false or fraudulent pretences;
- use the Website to transfer or store illegal material including that which may be deemed threatening or obscene; or
- post or transmit any information or material that advertises or promotes another business or website without the prior written consent of the Company.
- The Company reserves the right to monitor, review or remove the contents of its Communication Facilities. However, the Company shall not be responsible to ensure that Subscribers, users or members do not post information, material or file that is offensive, contravenes any applicable law or right or is misleading or deceptive.
6. SUBSCRIPTION FEE AND PAYMENT
- The initial and any subsequent Subscription Fee shall be paid immediately when due as indicated on the Subscription Form. Subscriber will not be provided with any access to the Website or Content that is subject to access by subscription only whilst any payment is outstanding. The Subscription Fee is non-refundable.
7. INTELLECTUAL PROPERTY RIGHTS
- Company either owns or is authorised to licence all intellectual property rights in the Content and all modifications, revisions or updates to the Content. Nothing is this Subscription Agreement conveys to Subscriber any rights, title or interest in the Website or Content except those expressly granted in this document.
- Subscriber must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any Content contained on or in the Website and owned or licensed by the Company, except as expressly approved by the Company in writing or as permitted under the Copyright Act 1968 (Cth).
- On the express condition that Subscriber keeps all Content intact and in the same form as originally presented on the Website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), the Company grants the Subscriber permission to do the following with the Content and other material on the Website:
- store a reproduction of the material on Subscriber’s local computer for the sole purpose of viewing the material; and
- print hard copies of material for the Subscriber’s personal information, but not commercial use.
- Notwithstanding any other term, Subscribers maintain copyright ownership over all material Subscriber uploads under clause 5(a).
- Subscriber must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any of the Company’s rights or which is otherwise prohibited by this Subscription Agreement.
Except as otherwise restricted by law:
- Company makes no warranty, representation or promise not expressly set forth in these terms and conditions;
- Company does not warrant that the Website will be accessible from the Subscriber’s chosen electronic system or Internet browser; and
- Company does not warrant that the Website or Content will meet the Subscriber’s needs at any time during the Term.
10. LIMITATION OF LIABILITY.
All opinions, statements and information expressed in the Website and Content are those of the relevant author. To the extent permitted by law, Company will not be liable for any loss or damage, whether direct or indirect (including but not limited to any lost profits, loss of opportunity, revenue or other consequential loss), suffered by Subscriber through it’s use or reliance on the Website or Content even if advised of the possibility of such loss or damage.
11. STATUTORY WARRANTIES.
In the event any statute implies terms into this Subscription Agreement which cannot be lawfully excluded, such as those contained in the Australian Consumer Laws, such implied terms will apply to this Subscription Agreement, except that to the extent permitted, the liability of Company for breach of any such implied term will be limited, at the option of Company, to the re-supply of the relevant goods or services or the cost of re-supply.
- The Licence granted by this Subscription Agreement and any entitlement to access the Website and Content will terminate at the expiry of the Subscription.
- Company may terminate this Subscription Agreement without notice if Subscriber breaches any of its terms or conditions.
13. NON TRANSFERRABLE.
This Subscription Agreement is not transferrable.
14. GOVERNING LAW.
This Subscription Agreement is governed by the laws having effect in the State of New South Wales, and the parties submit to the exclusive jurisdiction of the courts having jurisdiction in that State, and all courts hearing appeals from them.
15. NO ENDORSEMENT.
The Website may, from time to time, contain hyperlinks, advertisements, banners and /or other pointers to advertisements and Internet websites operated by third parties (“Linked Websites”). The Content and any resulting dealing from such advertisements and Linked Websites are the responsibility of the Content owners as listed on the Website and are not under the Company’s control nor endorsed by the Company. As such, the Company does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any product or material of these advertisements or Linked Websites. The Company does not accept any responsibility for any content of advertisements found on the Website nor does the Company specifically endorse the content of the Linked Websites. Users and members rely on the representations made in any advertisements on the Website and link to any such Linked Website and use or rely on such website entirely at their own risk.
16. NO SPAM.
Any publication of e-mail addresses on the Website is for the purpose of professional communication only. E-mail addresses published on the Website must not be used by any Subscriber to send unsolicited commercial electronic messages.
We will not share any personal information with any third party, and if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are. We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. All Personal Information is protected using appropriate physical, technical and organizational measures.