TERMS AND CONDTIONS –

Updated 04/07/17

Welcome to Horse Shed n Bed Pty Ltd (referred to as ‘’HSnB” ‘’we’’ ‘’us’’ or ‘’our’’). This Terms and Conditions Agreement (‘’Agreement’’) describes the terms and conditions that govern the use of, and participation in, HSnB Site and Service.

By accessing our Site and using our Service you acknowledge that you have read, understood and agree to be bound by the Agreement.

ELIGIBILITY

HSnB Site and Service is intended for use solely by individuals 18 years and over, and any registration, use or access to the HSnB Site and Service by anyone under 18 years of age is strictly prohibited. HSnB reserves the right to limit and/or restrict access and use by any individual at any time, at our sole discretion, including but not limited to violation of the terms and conditions in the Agreement.

If you do not fully agree with the terms and conditions, you are not authorised to access or use the HSnB Site and Service. Under this Agreement the term ‘’access’’ or ‘’use’’ specifically includes, without limitation, any direct or indirect access or use of the HSnB Site and Service, of any cached version of HSnB Site and Service, and any direct or indirect access and use of information or content on the HSnB Site and Service regardless of how obtained. If you do not accept this condition please do not use the HSnB Site and Service.

SITE, SERVICE AND USERS

The Site and Service is owned, operated and controlled by HSnB. The ‘’Site’’ provides a digital marketplace through an Australian wide listing directory of offered properties and facilities (owners of which are referred to as ‘’Property Owners’’) to largely, but not limited to, equestrians, horse owners and handlers and their horses (referred to as ‘’Property User’’), allowing Property Users to select, book and pay for the use of the offered property and facilities for an agreed period (referred to as ‘’Usage Period’’). We refer to listing, selection, booking and payment as the ‘’Service’’.

Property Owners, Property Users and visitors to the Site and Service are collectively referred to as ‘’Users’’.

Subject to the Agreement, Users are hereby granted a non-exclusive, limited, non-transferable, freely revocable licence to use the Site and Service for personal use only. We may terminate this licence at any time at our sole discretion.

Users understand and agree that we are not party to the Usage Period and/or any other agreement(s) formed between Users. Nor is HSnB an agent or insurer. This remains true even if the Site and Service provides listings and access to ancillary products and services beyond our Service.

HSnB Charges both Property Owners and Property Users a Service Fee. We retain the right to vary those fees from time to time to respond to market conditions and operating costs. We will notify both Property Owners and Users of any changes in service fees in a timely manner.

ONUS ON THE USER

Property Owners acknowledge and agree that they are responsible for knowing about and abiding by all laws, rules, ordinances and regulations applicable to the listing of their property and facilities. We urge all Property Owners to make themselves familiar with all laws, rules, ordinances and regulations that relate to the jurisdiction and location of their property. Property Owners acknowledge and agree that they are responsible for clearly identifying to Property Users in their listing any specific requirements related to their property primarily, but not limited to, biosecurity and horse behaviour.

We urge Property Owners to obtain and make available to Property Users information such as, but not limited to, property and facilities insurance proof of currency and all other legal arrangements such as, but not limited to, limitation of liability and indemnity.

HSnB has no control over the content supplied by Property Owners or their specific requirements and disclaims all liability in this regard.

Property Users acknowledge and agree that they are responsible for seeking out and abiding with all laws, rules, ordinances and regulations applicable to Property Users and their horse(s) in the jurisdiction and location of the property and facilities they have selected.

Property Users acknowledge and agree that they are responsible for abiding with all specific requirements of the property and facilities they have selected.

We urge Property Users to seek out and make themselves familiar with all laws, rules, ordinances and regulations applicable to Property Users and their horse(s) in the jurisdiction and location of the property and facilities they have selected, as well as any specific requirements of the Property Owner.

Property Users acknowledge and agree that HSnB is not responsible for the provision of information, advice, management or application of specific requirements that Property Owners may apply and/or look for.

HSnB has no control over the conduct of Property Users and their horse(s), and disclaims all liability in this regard.

PERSONAL INFORMATION

Your submission of personal information through HSnB Site and Service is governed by our privacy policy.

AS IS SERVICE, NO WARRANTY, DISCLAIMERS

If Users chose to access and use HSnB Site and Service, Users do so at their own risk. HSnB Site and Service is provided on an As – Is basis and with no warranties to the maximum extent permitted by applicable law. HSnB assumes no responsibility for, and not limited to, any information, advice or directions either written or oral, obtained by Users from the HSnB Site and Service. Further, any information, advice or direction obtained by Users from the HSnB Site and Service does not create a warranty.

HSnB assumes no responsibility for any content posted on the Site, including but not limited to, that provided by Users or through advertising and promotion.

Similarly HSnB has no control over the Usage Period. Consequently, we have no control over the quality, condition and safety of properties and facilities nor do we have control over the truth or accuracy of the information on the equestrian, horse owner, horse handler or horse(s).

HSnB assumes no responsibility for and disclaims any and all liability related to, but not limited to, the Site and Service, properties and facilities and the Usage Period.

MODIFICATIONS TO THE SERVICE LISTING COST AND TRANSACTION FEE

Cost of listing and transaction fees will from time to time be subject to change. HSnB will advise property owners in a timely manner of any variations in the cost of listing and transaction fee.

INDEMINITY

In no event will HSnB, or its subsidiaries, affiliates, office holders, directors, shareholders, consultants, agents, employees, suppliers or licensors be liable to Users for any claims, proceedings, liabilities, obligations, damages, losses, costs or debt and expenses including, but not limited to, legal fees arising from: (i) User access and use of the Site and Service and ancillary products and services; (ii) User violation of any term of this Agreement, including but not limited to User breach of any representations and warranties; (iii) User violation of any third party right, including but not limited to, any law, regulation or rule of Australia and it’s State and Territories or any other country; (iv) any claim or damages that arise as a result of User content that is submitted to the Site; or (v) any other parties access and use of the Site and Service under a User profile.

LIMITATION OF LIABILITY

Users acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of User access and use of HSnB Site and Service, and any contact had between Users whether in online, orally or in person remains with the User(s).

To the maximum extent permitted by applicable law, HSnB assumes no liability or responsibility for any: (i) errors mistakes or inaccuracies of the Site and Service content; (ii) personal injury or property damage of any nature what so ever, resulting from User access to and use of our Site and Service, including but not limited to, ancillary products and services; (iii) any unauthorised access to or use of, our secure server service (Cloud hosting) and/or any and all personal information stored there; (iv) any interruption or cessation of transmission to or from HSnB Site and Service; (v)any bugs or viruses or the like that may be transmitted through the HSnB Site and Service by ourselves and any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of any paper or electronic content or otherwise made available through the HSnB Site and Service and (vii) User content or the defamatory, offensive or illegal conduct of Users or any third party.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis even if HSnB has been advised of the possibility of such damage.

DISPUTES, CONCILLATION AND ARBITRATION

HSnB is committed to User satisfaction and a quality Site and Service. If there is a problem we would seek to resolve concerns. However, if this was unsuccessful we and the User each agree to resolve any claim, dispute or controversy arising out of, or in connection with, or relating to this Agreement, or the alleged breach there of (collectively ‘’claims’’) by the appropriate jurisdictional conciliation and arbitration agency, process and awards. All claims must be brought in the party’s individual capacity, and not as a class member in any purported class or representative proceeding. Users agree that, by entering into this Agreement, the User and HSnB are each waiving the right to trial by jury or to participate in a class action.

TERMINATION

HSnB may terminate User participation in our Site and Service at any point for any reason or no reason, without explanation. We maintain sole discretion to refuse access and use of our Site and Service into the future for any reason for no reason, without explanation.

 

AGREEMENT VARIATION AND UPDATES

This Agreement will be, from time to time, subject to change, suspension or discontinuation of aspects of the Agreement. We encourage Users to periodically review the Agreement and familarise themselves with any changes, we are not responsible for Users failure to follow Agreement changes. To assist Users in staying abreast of any changes, suspensions or discontinuations we will post notification of any amendment on the Site.


Cancellation Policy

Horse Shed ‘n’ Bed understands that things can go very wrong with horses, travel and events. We do recognise that both the property owner and property user do not want to have either cancellations or have to cancel their booking. We believe that the horse community will act responsibly in minimising cancellations.

We will allow property owners to select a cancellation policy that best suits their property and facilities.

Flexible

Full refund prior to 48 hour expected arrival time

Strict

50% refund up to 24 hours expected arrival time

This policy will be subject to variation as we work with property owners and property users to establish what is fair and reasonable, given the nature of our sport.