Terms and Conditions

Cancellations & Refunds

Once your advert is live on www.baroquehorse.com.au or gone to press there will be no cancellations or refunds payable.

Terms & Conditions

Whilst every effort has been made to ensure the accuracy of the information on this website, the publisher assumes no responsibility for errors or omissions or for any consequences of reliance on this website. Baroque Horse prints advertisements provided by advertisers but gives no warranty and makes no representation as to the truth, accuracy or sufficiency of any advertisement or any description, photograph or statement therein. Baroque Horse accepts no liability for any loss suffered by any person as a consequence of any reliance on any content in this publication,including any report, advice, advertisement, video or other material. Baroque Horse reserves the right to refuse any advertisement.

Advertisers Warranty and indemnity

Advertisers (including agencies) upon and by lodging material with the publisher for publication or authorising or approving the publication of any material either in this issue or at any time in the future HEREBY INDEMNIFY Baroque Horse, its servants and agents against all actions, claims or proceedings of any kind whatsoever arising from the publication of that material and without limiting the generality of the foregoing IDEMNIFY each of them in relation to any breach of copyright, infringement of trademarks or names of publication titles, breach of unfair competition or trade practices legislation, infringement of royalties or violation of rights of privacy or defamation or slander action AND WARRANT that the material complies with all relevant laws and regulations and that publication will not give rise to any rights against or liability of Baroque Horse, its servants or agents and in particular that nothing therein is capable of being misleading or deceptive or otherwise in breach of the Trade Practices Act, the Fair Trading Act or other like legislation. Advertisers of veterinary chemical products (including vitamins, minerals and food additives) WARRANT that their products comply with the Agvet Code and INDEMNIFY Baroque Horse, its servants and agents in relation to any prosecution, action or claim thereunder. Whilst every effort has been made to ensure the accuracy of the information in this publication, the publisher assumes no responsibility for errors or omissions or for any consequences of reliance on this publication. Baroque Horse prints advertisements provided by advertisers but gives no warranty and makes no representation as to the truth, accuracy or sufficiency of any advertisement or any description, photograph or statement therein. Baroque Horse accepts no liability for any loss suffered by any person as a consequence of reliance on any advertisement or other material in this public ation or any video. Baroque Horse reserves the right to refuse any advertisement.

Baroque Horse Direct.

Baroque Horse accepts no responsibility for lost or late mail and cannot guarantee recipients will receive their issue before the on sale date. Refunds are not available. All mail is handled by Australia Post.  International mail by DHL Global Mail.

Further conditions of use

 

Baroque Horse General Conditions of Use

These terms and conditions, together with the Fairfax Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Baroque Horse (“Conditions”) govern your use of and access to Baroque Horse.

We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the Baroque Horse web. Your subsequent or continued use of the Baroque Horse web will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of the Baroque Horse web.

These terms and conditions of use were last updated in Januar 2015.

The Baroque Horse Network
While we use reasonable endeavours to ensure that Baroque Horse Magazine is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to Baroque Horse Magazine may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on the Fairfax Network at any time.

Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the Fairfax Network at any time without providing notice to you.

Membership
To access or use certain parts of the Baroque Horse Magazine, you must register as a member of Baroque Horse Magazine web and/or a particular website that forms part ofBaroque Horse. Generally, registration is free.

When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information. We will treat your personal information strictly in accordance with our Privacy Policy.

You must not impersonate or create a membership for any person other than yourself.

We may at any time request a form of identification to verify your identity.

You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.

We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the Baroque Horse services, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.

Your conduct
You must not:
(a) use Baroque Horse Magazine in breach of any applicable laws or regulations;

(b) use Baroque Horse Magazine (or Material obtained from  Baroque Horse Magazine):

  • to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
  • to impersonate any person or entity;
  • to solicit money, passwords or personal information from any person;
  • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  • for any unlawful purpose;

(c) use Baroque Horse web to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

  • is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
  • contains, promotes, or provides information about unlawful activities or conduct;
  • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • exploits another person in any manner;
  • contains nudity, excessive violence, or sexual acts or references;
  • includes an image or personal information of another person or persons unless you have their consent;
  • poses or creates a privacy or security risk to any person;
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  • contains large amounts of untargeted, unwanted or repetitive content;
  • contains restricted or password only access pages, or hidden content;
  • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  • advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
  • contains financial, legal, medical or other professional advice;

(d) interfere with, disrupt, or create an undue burden on the Baroque Horse Network;

(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of Baroque Horse;

(f) use Baroque Horse web with the assistance of any automated scripting tool or software;

(g) frame or mirror any part of the Baroque Horse web without our prior written authorisation;

(h) use code or other devices containing any reference to the Baroque Horse web to direct other persons to any other web page;

(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Baroque Horse web or cause any other person to do so; or

(j) delete any attributions or legal or proprietary notices on the Baroque Horse web.

Your Material

We reserve the right (but have no obligation) to:

  • review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
  • monitor use of the Baroque Horse web, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Baroque Horse web by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the  Baroque Horse web simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Notifying us
If you think that Baroque Horse has been accessed or used by another user in breach of the Conditions, please email us at enquiries (@) baroquehorse.com.au. We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to enquiries (@) baroquehorse.com.au .

Intellectual Property
Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to Baroque Horse.

Baroque Horse contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on the Baroque Horse web for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

In particular, you may not use any Material on Baroque Horse to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Nothing displayed on the Baroque Horse web should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Baroque Horse Network without the express written consent of the relevant owner.

Third party websites, advertising and activities
We may feature or display links and pointers to websites operated by third parties on the Fairfax Network. Such websites do not form part of  Baroque Horse and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave Baroque Horse web entirely at your own risk.

Baroque Horse may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on Baroque Horse web, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of Baroque Horse Privacy Policy. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation. If you wish to make a complaint or provide feedback about a privacy related matter, please email us at enquiries (@) baroquehorse.com.au

Disclaimer
You use the Baroque Horse web at your sole risk.

Except where expressly stated otherwise, Material on the Baroque Horse web is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We do not make any representation or warranty that any Material on the Baroque Horse web will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Baroque Horse web, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Baroque Horse web in any circumstance.

Limitation of liability
You use the Baroque Horse web at your sole risk.

To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Baroque Horse web that are not expressly set out in the Conditions.

In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Baroque Horse web, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with Baroque Horse.

Indemnity
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with Baroque Horse, including any breach by you of the Conditions.

GST
Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via theBaroque Horse web are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (“Act”). Tax Invoice means tax invoice as defined by the Act.

Severability
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Applicable law
These Conditions shall be construed in accordance with and governed by the laws of Queensland, Australia. You consent to the exclusive jurisdiction of the courts in Queensland Courts to determine any matter or dispute which arises under the Conditions.

Definitions
In these terms and conditions:

“Conditions” means these terms and conditions, together with Baroque Horse’s Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Baroque Horse web.

“Baroque Horse” means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device). For a list of the websites that currently form part of Baroque Horse Network, contact enquiries (@) baroquehorse.com.au

“Material” means text, illustrations, photos, audio, video, any combination of these or other material.

“Us”, “we” or “our” means Baroque Horse PTY LTD (ACN 159 279 848) and/or its related bodies corporate.

any questions please email enquiries (@) baroquehorse.com.au

 

FOLLOW US ON

Baroque Horse Pty Ltd
ACN 159279848
PO Box 18002
Clifford Gardens
Toowoomba QLD
Australia 4350,