horseguide.com.au is a community website predominantly serving an Australian audience.

By you registering as a member of horseguide.com.au, an agreement is created between you and us evidenced by the Service Terms and you become legally bound to observe the Service Terms. You also become entitled to use the services available from this site (horseguide.com.au Services), subject to the Service Terms.

Eligibility:

In order to register as a member of horseguide.com.au, you must be at least 13 years old. By registering as a member you represent that:

  • you are at least 13 years old and have the capacity to agree to and be bound by these Service Terms;
  • you will use the horseguide.com.au Services in a manner consistent with their intended purpose and will otherwise observe these Service Terms;
  • there is no reason why you may be prohibited from using the horseguide.com.au Services.

Posting Content:

You agree that you are solely responsible for the information, images and other material (Content) which you post or upload to this site (post) or transmit to another member using the horseguide.com.au Services.

Any Content that you post to this site must only relate to you and no other person and must not contain information which will allow others to identify you (except for photographs of yourself), such as your true name, address, phone number, email address, ICQ number, MSN Contact and URL.

If you post Content to this site or transmit Content to another member using the horseguide.com.au Services you agree that such Content will not:

  • be offensive in nature or regarded as offensive in nature to the wider community such as obscene or sexually explicit images, offensive language or material which expresses or incites racism, bigotry, hatred or vilification, whether in respect of any individual, group, nationality or otherwise;
  • threaten, harass or abuse, or incite others to threaten, harass or abuse, members or other persons;
  • involve the transmission of junk mail, chain letters or spamming;
  • contravene any law or promote unlawful activities or otherwise provide information about unlawful activities;
  • contain information, images or other material which is defamatory, libelous or a breach of another person's privacy;
  • contain information, images or other material which you know is false or misleading;
  • infringe the intellectual property rights of another person such as copyright, trade marks, trade secrets, confidential information and other proprietary rights;
  • promote the commercial activities of yourself or others including the offer or sale of any products or services or the promotion or offer of securities;
  • solicit funds from other members;
  • promote another web site or introduction service;
  • contain any virus or trojan horse or anything else which may cause any malfunction of or damage to this site, the Content of other members posted to this site or the software or equipment of horseguide.com.au or other members.

Removal of Content:

horseguide.com.au may remove from this site or hide from public view any Content posted which, in the absolute discretion of horseguide.com.au, is in breach of these Service Terms or may offend or breach the rights of other members or other persons or otherwise may hinder the efficient operation or use of the horseguide.com.au Services.

Member Communications:

You acknowledge that:

  • it is difficult to verify that persons with whom you communicate online are in fact who they claim to be and that such people have a genuine purpose in communicating with you; and
  • communications made through the internet may not be secure,

and you agree that you will use care in communicating with others using the horseguide.com.au Services, particularly in relation to information, images and other material which you may wish to disclose in your communications.

If you receive correspondence from another member through the horseguide.com.au Services, such correspondence should be treated as confidential and must not be disseminated or published without the prior consent of the person from whom the correspondence is received.

If another person who you have contacted using the horseguide.com.au Service requests that you cease communication with them you must respect their wishes and cease communication with them.

Proprietary Rights in Site:

The proprietary rights in this site and the information, images and material within it (other than Content posted by members) including the trademarks and business names of horseguide.com.au and the copyright in the design and layout of this site, is owned by horseguide.com.au. Except as expressly permitted by horseguide.com.au, you must not copy, modify, disseminate, publish or otherwise purport to own or dispose of any such proprietary rights.

Rights to use Content:

By posting Content to this site you represent and agree that:

  • you own that Content;
  • horseguide.com.au is irrevocably granted the right to use, copy, modify, incorporate in other works, disseminate and publish such Content for the purposes of the horseguide.com.au Services; and
  • each other member may use and copy such content for personal purposes only.

Security:

Your horseguide.com.au membership account should only be accessed by you. You should not provide your membership account or password details to others.

Disputes Between Members:

horseguide.com.au accepts no responsibility for mediating or resolving disputes between members.

Links:

This site may at times contain links to other web sites. Such links are not an endorsement by us of those other web sites nor do we have any control over or responsibility for those other web sites. Members should read the terms of use and privacy statements on linked web sites before using the services provided by them.

SMS Service Use:
 

The Premium SMS service for the number [service number] is provided to allow registered members of horseguide.com.au to perform the following functions:

1.       Subscribe to a monthly recurring 'Gold Membership' with horseguide.com.au via the subscription forms or via SMS with "GOLD " in the message.

2.       Confirmation SMS's are used to verify online form subscription requests, and will be sent to your mobile phone at no cost.

3.       Request content, such as wallpapers, ring tones and notification alerts via return SMS and/or WAP Push via the website.

4.       Unsubscribe / Cancel 'Gold Membership' with horseguide.com.au by replying to an SMS with the word 'STOP'.

 

SMS Service Functions:

 

The SMS Service allows a registered user of horseguide.com.au to begin a "Gold Member" subscription by sending a request via SMS from their mobile phone to [service number]. Upon receipt of a correctly formed subscription request via SMS, the sender's registered account on horseguide.com.au will be upgraded to "Gold Member" status. A successful subscription will be confirmed via a return SMS and will continue to be confirmed once per month until cancelled.

 

horseguide.com.au "Gold Members" are entitled to receiving content from the website to their mobile phone by sending correctly formed content requests via SMS at a cost of 25c (inc GST). The type of content available include (but not limited to) images, wallpapers, movies and ringtones, which will be provided via a return "WAP-Push" formed SMS.

 

SMS Service Costs:

 

-          horseguide.com.au "Gold Membership" will be charged at $6.00 (ex GST) per month to your mobile phone bill via a subscription confirmation SMS to your mobile phone monthly.

-          Mobile Content, Subscription and Notification requests from your mobile phone will be charged at 25c (inc GST) per SMS received by horseguide.com.au.

-          SMS messages to your mobile phone from non-subscription related requests (such as Mobile Content, Subscription and Notification requests) will be sent via WAP-Push and/or SMS at no cost.

 

No Warranties:

horseguide.com.au provides the horseguide.com.au services without any warranty that they will be error or interruption free or that they are fit for their intended purpose. To the extent permitted by law all warranties implied by law are excluded. Members use the horseguide.com.au Services at their own risk.

Limited Liability:

You agree that horseguide.com.au's entire liability to you in connection with any service provided by horseguide.com.au shall be limited to any fees that have been collected by horseguide.com.au.

Indemnity:

You agree to release, defend, indemnify and hold harmless horseguide.com.au, and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to your account with horseguide.com.au and/or your use of any services provided by horseguide.com.au.

Disclaimer:

horseguide.com.au is not responsible for the Content which members post to this site or transmit to other members. You acknowledge and agree that we cannot control the use by others of this site, Content posted on this site or the private communications of members using the horseguide.com.au Services nor can we verify the accuracy of Content which has been posted on this Site or transmitted to you as a result of use of the horseguide.com.au Services by others.

While horseguide.com.au reserves the right to monitor Content posted on the site, it has no obligation to do so nor does it have any obligation to ensure that members comply with these Service Terms or to review any communication between members utilizing the horseguide.com.au Services.

To the fullest extent permitted by law, horseguide.com.au will not be responsible or liable for:

  • any loss or other damage including but not limited to incidental, indirect, consequential, special or other damage suffered or incurred by a person using this site or the horseguide.com.au Services; or
  • the acts or omissions of members or other users of this site including in the case of other members, the breach of these Service Terms; or
  • any error or interruption in the provision of, or the failure of the horseguide.com.au Services,
     

and you waive all claims and rights which you may otherwise have had arising out of such matters.

Privacy Terms:

Please see our Privacy Policy for the manner in which we gather use and update personal information concerning our members:

Term:

If you become a horseguide.com.au member your membership will continue until the earlier of:

  • you notifying us that you wish to cease membership of horseguide.com.au; and
  • the date we notify to you (determined in our absolute discretion and with or without cause) as the date on which your membership of horseguide.com.au will cease pursuant to these Service Terms.

If you breach any of these Service Terms then we may at any time and without prior notice:

  • suspend or terminate your membership, in such case you will not be entitled to a refund of any unused membership fees; and/or
  • remove from this site or hide from public view any Content posted by you which fails to comply with these Service Terms.

horseguide.com.au will not be liable to you for the termination or suspension of your membership or if it removes from this site or hides from public view any Content which you post on this site and you waive all claims and rights which you may otherwise have had arising out of such action.

 

Variation:

 

horseguide.com.au may vary these Service Terms by posting on this site notice of the variation in these Service Terms and such variation will take effect on the date 7 days (or such other period specified by horseguide.com.au in the notice) after such notice is posted on this site. Members are responsible for reading and keeping themselves up to date in relation to any changes to these Service Terms posted on this site.

horseguide.com.au may also:

  • alter, suspend or discontinue the horseguide.com.au Services or any aspect or feature of them; or
  • restrict a member's access to or use of the horseguide.com.au Services or any aspect or feature of the horseguide.com.au Services, at any time and without any liability to you.
     

Communication with you:

 

We may at times need to communicate with you regarding the horseguide.com.au Services or your use of them. In such case we will communicate with you through the email address you have provided to us. You will advise us of any changes in that email address.

 

Communication with us:

 

These Service Terms are governed by the laws of Queensland, AUSTRALIA.

 

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