EQUESTRIAN SUCCESS MINDSET TERMS AND CONDITIONS
Last Updated: 29th December 2021
By accessing or using this site or purchasing any products or services from Equestrian Success Mindset (the “Company”) or utilizing any of the products or service through this site, whether or not You become a registered user (“User”, “You”, “Yourself” “Your”), You agree to be bound to these Terms and Conditions, which You acknowledge You have read and understood. We reserve the right to modify them at any time and we suggest You check these Terms and Conditions periodically for changes. By using this site after modifications are made to the Terms and Conditions, You agree to accept those changes whether or not You have reviewed them.
1. SCOPE OF TERMS AND CONDITIONS
These terms and conditions apply to Your use of the Equestrian Success Mindset website and any of its sub domains and related domains such as http://member.equestriansuccessmindset.com (collectively the “Site”), in addition to the products and services purchased and / or utilized from these sites.
2. PRIVACY POLICY
Our Privacy Policy is available on a separate page. Our Privacy explains to You how we process information about You. You shall understand that through Your use of this site You acknowledge the processing of this information shall be taken in accordance with the Privacy Policy.
3. SERVICES
The Site allows You to use the Services available on the Site. You shall not use the services for illegal aims.
We may, at our sole discretion, set fees for using the Site. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.
4. MONTHLY SUBSCRIPTION SPECIFIC TERMS AND CONDITIONS
By providing Your credit card and other personal contact and billing information, agreeing to these Terms and Conditions or by selecting the “Buy” button or similar purchase button for the monthly subscription displayed on the Company’s Site, You are purchasing a monthly subscription and are agreeing to allow us to charge Your credit card provided for the amount payable to us pursuant to the purchased subscription. These terms and condition are also applicable for the 6 monthly and yearly subscription services.
5. PROHIBITIVE USES AND INTELLECTUAL PROPERTY
The contents of this Site are protected by trademark and copyright laws and are the property of Equestrian Success Mindset and the company owners. You may have access to the materials located on this Site for personal use only and can download the material to a single non-commercial home use only computer. You can neither change, modify, edit nor delete any author attribution, trademark or copyright notice. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of this Site.
You acknowledge that the products and services sold by COMPANY are the confidential and proprietary information and property of COMPANY. You hereby agree to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the COMPANY by You, You agree it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. And by You, we mean any “Customer” which includes anyone who receives the products or services of COMPANY, even if for free.
You agree that no one may use these products and/or services in any manner without the written approval of COMPANY, except for the person who has agreed that his/her use is limited to his/her own personal use. In the event You disagree with these terms, You must immediately discontinue using the products purchased from COMPANY. Anyone viewing or otherwise utilizing the products of COMPANY by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that COMPANY discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by COMPANY remains information that You have an obligation to protect and maintain as confidential.
In the event of any violation of these terms and conditions, we and our business partners reserve the right to seek all remedies available by law and in equity for such violations.
As a customer, You represent and warrant that You are at least 18 years old. In the event that a Customer is under 18 years old, that Customer will immediately discontinue using the products purchased from COMPANY.
6. THE COMPANY MATERIALS
By posting, uploading, inputting, providing or submitting Your Content You are granting the Company to use Your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate Your Content; and to publish Your name in connection with Your Content.
No compensation shall be paid with regard to the use of Your Content. The Company shall have no obligation to publish or enjoy any Content You may send us and may remove Your Content at any time.
By posting, uploading, inputting, providing or submitting Your Content You warrant and represent that You own all of the rights to Your Content.
7. ASSOCIATED LINKS
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site.
8. WARRANTIES / CANCELLATION
Membership and Digital Products Policy
8.1. Memberships or digital products from Equestrian Success Mindset have thirty (30) day money back guarantee, no questions asked, when a written request for cancellation is received by [email protected] within the first 30 days from Your original purchase date. If at any time within the first 30 days, You don't think it's the best money You’ve ever spent, just send an email to [email protected] and we’ll gladly refund Your initial fee.
You can cancel your membership any time. When You cancel after the initial 30 days, Your subscription payments will stop and Your credit card will never be charged again.
Physical Products
8.2. All other physical products are covered under a general 12 month consumer warranty. Please see Our Refund Policy for further information.
Lesson/Clinic Covid Policy
8.3. There may be some changes to Your lesson or clinic format or times if there are any new developments in restrictions due to Covid-19 that may be out of Our control. We will endeavour to keep You updated via email and/or social media as soon as possible regarding any new information.
8.4. Please note there will be no refund on cancellation of Your lesson or clinic unless a replacement rider is found for the booked lesson. (This does not include any changes due to Covid-19 in Clause 8.3.)
8.5. If there is a cancellation within 24hrs of Your booking time due to injury or illness to the rider or Your horse a partial refund may be given at the discretion of the instructor and facility management. If a partial refund is agreed upon it will be processed within 7 days of Your booking.
8.6. All current Covid-19 Government guidelines at the time of the lesson or clinic are to be adhered to.
Mindset Coaching Policy
8.7. There is no refund for mindset coaching after the session has been attended or the scheduled appointment time has lapsed. If You need to cancel or reschedule prior to the scheduled appointment time a credit will be given and a new date and time booked. Please give more than 24hours notice if You need to reschedule.
9. ACCEPTABLE CODES OF CONDUCT
Equestrian Success Mindset and its Sites are not filtered, censored, edited or regulated for information posted by third parties on our Sites. We cannot and do not endorse or be made responsible for and are not liable for under any circumstances for the contents, reliability or accuracy of such content or information. As a user of the site, You agree to not upload or otherwise provide infringing, obscene, pornographic, threatening, defamatory, abusive, illegal or otherwise improper content. You also agree that You will not upload viruses or harmful components. If You do not conduct Yourself to these codes of conduct, You will immediately be removed from all sites, privileged surrendered and without refund.
10. LIMITATION OF LIABILITY
The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to You.
In all circumstances, the Company’s maximum liability is limited to the purchase price of the products or services sold. Company shall not, under any circumstances be liable upon a claim or action in contract, tor, indemnity or contribution or other claims relation to the products or services it sells which exceeds this liability limit.
11. INDEMNIFICATION
By using this Site You agree and acknowledge that this site is intended for educational purposes only and makes no warranties as to the individual income guarantees or any improved business performance measures as a result of using or applying this information. You agree not to sue and to hold Equestrian Success Mindset and all its employees, contractors, vendors and third parties associated with the development and delivery of this information completely harmless against any claims whatsoever.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of Your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, Your violation of the Terms or Your violation of any rights of third parties, or Your violation of the applicable law. The may assume the exclusive defense and You shall cooperate with the Company in asserting any available defenses.
12. GOVERNING LAW AND JURISDICTION
These Terms and Conditions and any resulting disputes between You and the Company shall be governed by and construed in accordance with the laws of the State of Queensland and Australai, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in Queensland in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action. And finally, You also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against the Company that is more than one year after the date of the applicable invoice.
13. SEVERABILITY
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms and Conditions, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Queensland law.
14. COMPLAINTS
We are committed to resolve any complaints about our collection or use of Your personal data. If You would like to make a complaint regarding these Terms or our practices in relation to Your personal data, please contact us at: [email protected] . We will reply to Your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if You feel that Your complaint has not been adequately resolved, You reserve the right to contact Your local data protection supervisory authority
15. CONTACT INFORMATION
We welcome Your comments or questions about these Terms and Conditions. You may contact us in writing at [email protected] or Tanja Mitton, 384 Blackall Range Rd, West Woombye, Qld, 4559, Australia.