Terms & Conditions

Thank you for visiting our website. This website is owned and operated by Caballo Equestrian Centre Pty Ltd (ACN 154 867 259) and the business trading as Rivermead Estate. By accessing and/or using this website and using the related services, you agree to these Terms and Conditions, which includes our Privacy Policy and any additional terms and conditions applicable to the specific services that you use from time to time (“Terms”). You should review these Terms (including our Privacy Policy) and carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms:

  1. ‘us’, ‘we’ and ‘our’ means Caballo Equestrian Centre Pty Ltd (ACN 154 867 259), trading as Rivermead Estate (ABN 13 209 397 794) and our related entities, directors, officers and agents; and
  2. ‘you’ and ‘you’ means any user of our website and/or our services, including any of your related entities, directors, officers and agents.

Grant of Access

These Terms apply to your use of our website and our services and replaces any previous any previous agreements between you and us and you should ensure that you have read it thoroughly prior to subscribing to or accessing website and our services. By accessing website and using our services, you are deemed to have accepted these Terms as amended by us from time to time.

Collection Notice

We may collect personal information about you in order to respond to your enquiry or provide you with the requested services and for purposes otherwise set out in our Privacy Policy. 

You consent to this personal information being collected, used and disclosed in accordance with our Privacy Policy. Our Privacy Policy is incorporated into these Terms. 

We may disclose that information to third parties that help us deliver our services (including MailChimp, information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.

Our Privacy Policy explains: 

  1. how we store and use, and how you may access and correct your personal information;
  2. how you can lodge a complaint regarding the handling of your personal information; and
  3. how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us at info@rivermead.com.au. 

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Supply of Personal Information

When you use our website or our services, you warrant that all the information you provide us with (which may include personal information) is true, accurate and complete and that we may rely on this information. You indemnify us from any costs, expenses, damages or losses which may be incurred as a result of our reliance on this information.

You warrant that you are authorised, as required by law, to disclose the personal or sensitive information provided to us, including where it relates to any third party, to us, for use in accordance with the purpose for which it was disclosed for and in accordance with our Privacy Policy.

Accuracy, completeness and timeliness of information 

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website and take steps to verify this information.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

Promotions and competitions

For certain events, campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such an event, campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that event, campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Events and Bookings

Any inquiries relating to specific events, bookings or dates must be made via our website contact form or the contact details provided on our website.

Where we provide any additional services, we may impose additional terms and conditions for such services. Full event and/or booking terms and conditions will be provided at the time of booking or are available at request. It is your responsibility to review all of our terms and conditions before engaging our services.

Any bookings are subject to express confirmation by us and a booking is not officially secured until such time as a contract is agreed, a deposit has been received by us and the fulfilment of any other obligations as agreed in accordance with the booking terms and conditions.

Linked sites 

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Any third party linked websites or content is made accessible by us on an ‘as-is’ basis without any warranty or liability of any kind on our behalf. Your use of any such third party content is subject to and governed by the terms applicable to such content or website(s) as specified by the owner, author or provider of the content. It is your responsibility to review such terms prior to your access of the third party content.

You acknowledge and accept that you bear all risk associated with your access to and use of any third party content which may be linked on our website.

Intellectual property rights 

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (“Content”).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution, or cause or permit any other individual to do this.

All other use, copying or reproduction of this website, the Content or any part of it is expressly prohibited, except to the extent permitted by law.

No commercial use 

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website, unless our prior written consent is obtained.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website and/or our services, including but not limited to:

  1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  2. using this website or the services in a way to defame, libel or otherwise damage or harm us, our employees and/or other individuals;
  3. removing or modifying, or causing or permitting others to remove or modify, any markings or any notice of our or a third party’s propriety rights, modify, derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of our services or our website, or access or use the website or services in order to build or support, and/or assist a third party in building or supporting, products or services competitive with our website and/or our services;
  4. uploading files that contain viruses that may cause damage to our website, property or the property of other individuals;
  5. posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. 

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense (irrespective of the manner in which it occurs) in tort (including negligence), which may be suffered due to, or otherwise arising out of, or in connection, with:

  1. your use of our website;
  2. your use of our services;
  3. your reliance on any of the information or materials contained on or omitted from our website or which may be provided as part of our services;
  4. as a result of the inaccessibility of our website and/or our services for any reason (including termination or suspension of your access or our negligence);
  5. as a result of the failure of our website and/or our services for any reason (including our negligence);
  6. the fact that certain information or materials contained on our website or disclosed as part of our services are/were incorrect, incomplete or not up-to-date;
  7. any agreement or terms and conditions you have with any third parties in relation to our services.

You agree and warrant not to bring legal action or make a claim arising out of or related to your use of our website of any services you use, more than two years after the cause of action arose. 

In no circumstances will we be liable for special, incidental, exemplary, indirect or consequential loss or damages, or lost profits, business, value, revenue, goodwill or anticipated savings. 

In any case, to the maximum extent permitted by law, our maximum liability to you for all claims related to your use of the website and/or our services will not exceed the amount paid by you to us in the 12-month period preceding your claim.

Termination or Termination or suspension by us

You acknowledge that we may suspend, restrict or revoke your access to our website and/or our services at any time if:

  1. we are of the view that any you are in breach of any of the Terms;
  2. we have reason to believe that there is likely to be a breach of security;
  3. we have reason to believe that there is or is likely to be a misuse or abuse of our website and/or our services; and/or
  4. allowing you to access and use our website and/or services would violate any applicable law or would expose us to legal liability.

You agree that we shall have no liability to you in connection with such suspension, restriction or revocation of access. 

We will endeavour to notify you as soon as possible if we do suspend, restrict or revoke your access to the website or our services. 

You acknowledge such suspension, restriction or revocation does not release you from your responsibility to pay outstanding fees, amounts, charges or other liabilities incurred prior to the date of the withdrawal of your access by us.

Survival of terms

All provisions of these Terms that by their nature should survive termination of your access to or use of our website or the services shall survive including all limitations on liability, releases, indemnification obligations, disclaimers, choice of law and intellectual property protections.

Disclaimer

Except as otherwise required by law:

  1. our services are provided ‘as is’ and ‘as available’ without any express or implied warranty;
  2. we make no representations and give no warranties in respect of our services including that such services are reliable, accurate or suitable for your purposes;
  3. we make no representations and give no warranties in respect of the means of accessing any content and information contained in, displayed on or accessible through the Website, including content or information generated on our website by us or on our behalf and any third party content, or software operating in connection with our website; and
  4. we make no representations and give no warranties in respect of, and accept no responsibility for, any websites operated or controlled by anyone other than us which are or may become linked or framed to or from our website.

All express and implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, correspondence with description, fitness for purpose, title and non infringement. 

We do not guarantee continuous, uninterrupted or secure access to our website or any specific results from use of our website and/or our services 

You acknowledge that access and use of our website and/or our services may be interfered with by numerous factors outside of our control. 

We cannot ensure that any files you download from our website will be free of viruses or contamination or destructive features or that the data you upload onto our systems will never be accessed without our consent or that our systems are impenetrable. 

We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party (including your agents) in relation to your use of the services.

Force majeure

We are not responsible for failure to fulfil our obligations due to causes beyond our control.

Indemnity

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us arising from or which is directly or indirectly related to:

  1. your breach or non-observance of any of these Terms or any breach;
  2. alleged breach, of any intellectual or other proprietary rights or interests of us or any third parties;
  3. your use of our website and/or our services;
  4. any information that you provide to us via our website or in accordance with our Privacy Policy; and/or
  5. any damage you may cause to this website and/or our property.

Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, that part will be severed, and the remainder of these Terms will remain in full force and have full effect.

No waiver

No delay, neglect or forbearance in taking enforcement action in relation to any provision of these Terms by us will be a waiver, or in any way prejudice any of our rights.

Amendments

We reserve the right to change these Terms time to time. All changes will be published on our website or may otherwise disclosed as part of our service. Amendments will be effective immediately upon notification on our website. Your continued use of our website and/or our services following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.