Terms and conditions of use

1.        Introduction

1.1          These terms and conditions shall govern your use of our website.

1.2          By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3          If you register with fetlock.com, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4          You must be at least 13 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.

2.        Copyright notice

2.1          Copyright (c) 2013 (fetlock.com) Social Animal Network.

2.2          Subject to the express provisions of these terms and conditions:

(a)          we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)          all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.        Permission to use website

3.1          You may:

(a)          view pages from our website in a web browser;

(b)          download pages from our website for caching in a web browser;

(c)           print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d)          stream audio and video files from our website using the media player on our website.

(e)          use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2          Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3          You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

3.4          Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5          Unless you own or control the relevant rights in the material, you must not:

(a)          republish material from our website (including republication on another website);

(b)          sell, rent or sub-license material from our website;

(c)           show any material from our website in public;

(d)          exploit material from our website for a commercial purpose; or

(e)          redistribute material from our website.

3.6          We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to         circumvent or bypass, any access restriction measures on the website.

4.        Feeds

4.1          You may access our RSS and Atom feeds using any compatible feed reader or aggregator.

4.2          By accessing our feeds, you accept these terms and conditions.

4.3          Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our feeds in unmodified form on any non-commercial website owned and operated by you, providing that you must not aggregate any of our feed content with any third party feed when displaying it in accordance with this Section 4.3.

4.4          It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where our feed content is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).

4.5          We may revoke any licence relating to our feeds or feed content at any time, with or without notice.

5.        Other social media platforms

5.1          Our website includes features that enable users to interact with other social media platforms - including Facebook, Instagram, Twitter, YouTube, LinkedIn - directly from our website.

5.2          Using the social media features on our website, you may:

(a)          share data or content from our website; and

(b)          like or upvote content from our website.

5.3          You acknowledge that the use of the social media platforms is subject to the terms and conditions of the relevant platform operator and that the use of any personal data transferred to the platforms is subject to the privacy policy or notice of the relevant platform operator.

5.4          Subject to Section 21.1, we will not be liable to you for any loss or damage arising out of:

(a)          your use of any third party social media platform; and

(b)          any act or omission of any third party social media platform operator.

5.5          When using social media features on our website or browsing pages on our website that incorporate social media features, the social media platforms may collect information about you and your use of our website and those features, including by means of cookies. For more information about these cookies and the use of personal data collected by us and by the platforms, see our privacy and cookies policy.

6.        Misuse of website

6.1          You must not:

(a)          use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)          use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)           hack or otherwise tamper with our website;

(d)          probe, scan or test the vulnerability of our website without our permission;

(e)          circumvent any authentication or security systems or processes on or relating to our website;

(f)           use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g)          impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h)          decrypt or decipher any communications sent by or to our website without our permission;

(i)            conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j)           access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k)          use our website except by means of our public interfaces;

(l)            violate the directives set out in the robots.txt file for our website;

(m)         use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n)          do anything that interferes with the normal use of our website.

6.2          You must not use data collected from our website to contact individuals, companies or other persons or entities.

6.3          You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

7.        Use on behalf of organisation

7.1          If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a)          yourself; and

(b)          the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

8.        Registration and accounts

8.1          You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

8.2          You must not allow any other person to use your account to access the website.

8.3          You must notify us in writing immediately if you become aware of any unauthorised use of your account.

8.4          You must not use any other person's account to access the website, unless you have that person's express permission to do so.

9.        User login details

9.1          If you register for an account with our website, you will be asked to choose a user ID and password.

9.2          Your user ID must not be liable to mislead and must comply with the content rules set out in Section 23; you must not use your account or user ID for or in connection with the impersonation of any person.

9.3          You must keep your password confidential.

9.4          You must notify us in writing immediately if you become aware of any disclosure of your password.

9.5          You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

10.      Cancellation and suspension of account

10.1        We may:

(a)          suspend your account;

(b)          cancel your account; and/or

(c)           edit your account details, at any time in our sole discretion with or without notice to you.

10.2        We will usually cancel an account if it remains unused for a continuous period of 18 months.

10.3        You may cancel your account on our website using your account control panel on the website.

11.      Social networking

11.1        Registered users will have access to such additional features on our website as we may from time to time determine, which may include:

(a)          facilities to complete a detailed personal profile on the website, to publish that profile on the website, and to restrict the publication of that profile to particular groups or individuals registered on the website;

(b)          facilities to create groups, manage groups that you have created, join and leave groups, and share information amongst group members;

(c)           the facility to send private messages via the website to particular groups or individuals registered on the website; and

(d)          the facility to post and publish text and media on the website.

11.2        You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 21.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.

11.3        You agree to the publication of posts relating to you, by others, on our website; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 21.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.

12.      Personal profiles

12.1        All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading.

12.2        You must keep your personal profile on our website up to date.

12.3        Personal profile information must also comply with the provisions of Section 6 and Section 18.

13.      Subscriptions

13.1        Extra horse profile’s or the Advanced Business Search come with an annual subscription charge. After you have registered for an account with our website you will have the option to add extra horse profiles to your account, you are given 1 free profile for life any additional horse profiles come with an annual charge. Business have the option to activate an Advanced Business Search feature. The Advanced Business Search has an annual charge. The applicable subscription fees for these features must be paid before they are activated. Once paid the contract between us for the supply of the website services shall come into force.

13.2        You will have the opportunity to identify and correct input errors prior to making your order.

13.3        For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.

13.4        We may from time to time vary the benefits associated with a subscription if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.

13.5        At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed, unless you cancel the subscription using the cancellation facility on our website before the date of renewal.

13.6      From time to time we may allow subscriptions on our website free of charge, providing that free subscriptions will be subject to such additional terms and conditions as we may specify from time to time, and we may delete free subscriptions at any time in our sole discretion with or without notice.    

14.      Advertisements

14.1        We welcome the submission of advertisements to our website.

14.2        You may submit an advertisement to our website by creating an ad under the classified section or the stallion directory.

14.3        You will have the opportunity to identify and correct input errors prior to making your order.

14.4        Advertisements submitted to our website must constitute bona fide advertisements that are true, fair and accurate in all respects.

14.5        Advertisements must be listed in the appropriate category or categories.

14.6        Advertisements submitted to our website must not be for any product, service or other subject matter that:

(a)          breaches any laws, regulations or codes;

(b)          infringes any third party intellectual property rights or other legal rights; or

(c)           may give rise to a cause of action against any person in each case in any jurisdiction and under any applicable law.

14.7        Advertisements submitted to our website must not be for any product, service or other subject matter that:

(a)          consists of or contains material that would, if published on our website by you, contravene the provisions of Section 18; or

(b)          is or relates to:

(i)            drugs, narcotics, steroids or controlled substances;

(ii)           obscene, indecent, pornographic or sexually explicit materials;

(iii)          knives, swords, firearms or other weapons;

(iv)         ammunition for any weapon;

(v)          items that encourage or facilitate criminal acts or civil wrongs; or

(vi)         items that encourage or facilitate the infringement of any intellectual property right.

14.8        Your advertisements must comply with the requirements of Section 6 and Section 18.

14.9        You grant to us a worldwide, non-exclusive, royalty-free licence to publish your advertisements on our website, and to copy, alter and store your advertisements in connection with their publication on our website, together with the right to sub-license these rights.

14.10     You must keep your advertisements up to date using our website interface, and must delete or unpublish any advertisements that have ceased to be relevant to our users (for example, because products advertised are no longer available).

14.11     Advertisements submitted to our website will be automatically processed and will usually be published within 24 hours following submission; however, we do not guarantee publication within this period.

14.12     Without prejudice to our other rights under these terms and conditions, we reserve the rights to reject, unpublish or delete advertisements that breach these terms and conditions or that do not meet any additional guidelines for submissions published on our website. If we reject, unpublish or delete an advertisement in accordance with this Section 14.12, we will not refund any applicable listing fees.

14.13     If we accept your advertisement submission, then it will remain published on our website for the relevant period set out on our website, subject to these terms and conditions.

14.14     From time to time we may allow the publication of advertisements on our website free of charge, providing that free advertisements will be subject to such additional terms and conditions as we may specify from time to time, and we may delete free advertisements at any time in our sole discretion with or without notice to you.

15.      Fees

15.1        The fees in respect of our website services will be as set out on the website.

15.2        All amounts stated in these terms and conditions or on our website are stated in US dollars and are inclusive of GST.

15.3        You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

15.4        We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

15.5        If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

15.6        If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)          an amount equal to the amount of the charge-back;

(b)          all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)           an administration fee of USD 25.00 including gst; and

(d)          all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 15.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 15.6.

15.7        If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

15.8        We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

16.      Distance contracts: cancellation right

16.1        This Section 16 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

16.2        You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:

(a)          beginning upon the submission of your offer; and

(b)          ending at the end of 14 days after the day on which the contract is entered into, subject to Section 16.3. You do not have to give any reason for your withdrawal or cancellation.

16.3        You agree that we may begin the provision of services before the expiry of the period referred to in Section 16.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:

(a)          if the services are fully performed, you will lose the right to cancel referred to in Section 16.2;

(b)          if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 16.

16.4        In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 16, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

16.5        If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 16, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 16.

16.6        We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

16.7        We will process the refund due to you as a result of a cancellation on the basis described in this Section 16 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

17.      Our rights to use your content

17.1        In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

17.2        You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.

17.3        You grant to us the right to sub-license the rights licensed under Section 17.2.

17.4        You grant to us the right to bring an action for infringement of the rights licensed under section 17.2.

17.5        You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

17.6        You may edit your content to the extent permitted using the editing functionality made available on our website.

17.7        Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

18.      Rules about your content

18.1        You warrant and represent that your content will comply with these terms and conditions.

18.2        Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

18.3        Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)          be libellous or maliciously false;

(b)          be obscene or indecent;

(c)           infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d)          infringe any right of confidence, right of privacy or right under data protection legislation;

(e)          constitute negligent advice or contain any negligent statement;

(f)           constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)          be in contempt of any court or in breach of any court order;

(h)          be in breach of racial or religious hatred or discrimination legislation;

(i)            be blasphemous;

(j)           be in breach of official secrets legislation;

(k)          be in breach of any contractual obligation owed to any person;

(l)            depict violence in an explicit, graphic or gratuitous manner;

(m)         be pornographic, lewd, suggestive or sexually explicit;

(n)          be untrue, false, inaccurate or misleading;

(o)          consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)          constitute spam;

(q)          be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)           cause annoyance, inconvenience or needless anxiety to any person.

18.4        Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

18.5        You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

18.6        You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

19.      Report abuse

19.1        If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

19.2        You can let us know about any such material or activity by sending us a message. Send this message via the help tab -> contact us -> general inquiry’s.

20.      Limited warranties

20.1        We do not warrant or represent:

(a)          the completeness or accuracy of the information published on our website;

(b)          that the material on the website is up to date;

(c)           that the website will operate without fault; or

(d)          that the website or any service on the website will remain available.

20.2        We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation, refund or any other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

20.3        To the maximum extent permitted by applicable law and subject to Section 21.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

21.      Limitations and exclusions of liability

21.1        Nothing in these terms and conditions will:

(a)          limit or exclude any liability for death or personal injury resulting from negligence;

(b)          limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)           limit any liabilities in any way that is not permitted under applicable law; or

(d)          exclude any liabilities that may not be excluded under applicable law.

21.2        The limitations and exclusions of liability set out in this Section 21 and elsewhere in these terms and conditions:

(a)          are subject to Section 21.1; and

(b)          govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

21.3        To the extent that our website and the information and services on our website, we will not be liable for any loss or damage of any nature.

21.4        We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

21.5        We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

21.6        We will not be liable to you in respect of any loss or corruption of any data, database or software.

21.7        We will not be liable to you in respect of any special, indirect or consequential loss or damage.

21.8        You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

22.      Indemnity

22.1        You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

23.      Breaches of these terms and conditions

23.1        Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)          send you one or more formal warnings;

(b)          temporarily suspend your access to our website;

(c)           permanently prohibit you from accessing our website;

(d)          block computers using your IP address from accessing our website;

(e)          contact any or all of your internet service providers and request that they block your access to our website;

(f)           commence legal action against you, whether for breach of contract or otherwise; and/or

(g)          suspend or delete your account on our website.

23.2        Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

24.      Third party websites

24.1        Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

24.2        We have no control over third party websites and their contents, and subject to Section 21.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

25.      Trade marks

25.1        our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

25.2        The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

26.      Competitions

26.1        From time to time we may run competitions, free prize draws and/or other promotions on our website.

26.2        Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

27.      Variation

27.1        We may revise these terms and conditions from time to time.

27.2        The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website. We will give notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

27.3        If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

28.      Assignment

28.1        You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

28.2        You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

29.      Severability

29.1        If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

29.2        If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

30.      Third party rights

30.1        A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

30.2        The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

31.      Entire agreement

31.1        Subject to Section 21.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

32.      Law and jurisdiction

32.1        These terms and conditions shall be governed by and construed in accordance with Australian law.

32.2        Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Queensland Australia.

33.      Our details

33.1        This website is owned and operated by Social Animal Network.

33.2        We are registered in Queensland Australia under registration number ABN 38 703 869 896.

33.4        You can contact us:

(a)          using our website contact form;

(b)          by email, using the email address published on our website.