ThatHorse.com Terms and Conditions

1. Introduction

1.1 Welcome to ThatHorse.com, the leading website dedicated to helping horse lovers buy, sell and learn. These terms and conditions are intended to set out guidelines under which this website will operate and to allow you to have trust in the safe platform we endeavour to provide for you.

1.2 These terms and conditions are the terms on which we offer you access to ThatHorse.com. If you choose to browse ThatHorse.com, make a purchase from us or become a member of thathorse.com, you accept these terms and conditions.

1.3 In these terms and conditions “ThatHorse”, “we”, “us” and “our” are references to ThatHorse.com Limited and “website” and “ThatHorse.com” means any ThatHorse.com Limited website or page derived from www.ThatHorse.com.

2. Listing Services

2.1 ThatHorse.com provides a listing service to ThatHorse.com members for the private sales of horses.

2.2 The listing service we provide is a venue for private persons to buy and sell horses on the following terms:

(a) We introduce parties wanting to sell horses to those wanting to buy horses;

(b) We do not take any part in those sales and at no time do we ever own or control any horse listed on ThatHorse.com;

(d) Any contractual relationship formed is solely between the buyer and the seller of the horse.

2.3 Any transactions entered into by you as a result of ThatHorse.com listings are at your own risk. We accept no responsibility or liability for the conduct of any users of our website. We give no undertakings, representations, or warranties in relation to any listings, including:

(a) relating to ownership of any horse;

(b) accuracy of descriptions contained in a listing;

(d) any other statutory duties implicit in the sale of goods and services.

2.4 Any dispute that arises between you and another party is subject to the normal legal remedies available when privately contracting for the sale and purchase of goods.

2.5 You agree not to involve or attempt to involve us in any dispute or proceedings relating to a dispute. You agree to indemnify us from any loss incurred as a direct result of your dispute.

3. Goods and Services for Sale

3.1 We are a retailer of goods and services (“Retail Sales”). Payments for Retail Sales are subject to the following terms and conditions:

(a) We accept payment from you for Retail Sales via 1ShoppingCart (www.1shoppingcart.com);

(b) You accept the terms and conditions of 1ShoppingCart as displayed on its website and updated from time to time; and

3.2 We will meet our obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

4. Prices and Exchange Rates

4.1 Prices are available in $USD, $AUD and $NZD. These prices are approximate only (being based on approximate exchange rates updated daily), and are subject to change without notice.

4.2 The exact prices and currency of Retail Sales will be shown immediately prior to confirmation of payment via 1ShoppingCart.

4.3 The cost of delivery is set out on the checkout page. There are different delivery costs based on the value of the item and the place of delivery.

5. 365 Day Right of Return Policy

5.1 ThatHorse.com operates a 365 day right of return policy on all Retail Sales. If you are not completely satisfied with your purchase, we will happily accept your return and provide you with a credit, a full refund, or an exchange at anytime within 365 days of purchase if you send the purchase back to us unused, in its original packaging and otherwise in the same condition as it was received. If you would like to make a return, please email info@thathorse.com to begin the process.

6. EquiSpecial

6.1 EquiSpecial is our programme for offering discounted goods and services. EquiSpecial is available to our customers who have signed up to our Facebook page or who receive ThatHorse News. The Facebook page and ThatHorse News contain the current EquiSpecial offers available.

6.2 Goods and services sold through EquiSpecial are subject to the same terms and conditions as for all Retail Sales.

7. Use of Website

7.1 Your use of the website is entirely at your own risk. We give no warranty of reliability of access to the website, and no warranty that any information on the website is accurate or reliable.

7.2 The website contains links to third party websites, navigating you away from thathorse.com. We have no control nor any responsibility for any content contained in any third party website.

8. Taxes and Import Fees

8.1 Retail Sales will state any applicable taxes or other known costs. ThatHorse.com will comply with all tax obligations that apply to us as the retailer. However, we take no responsibility for tax obligations which apply to you as the customer. You are responsible for any import taxes, duties or other costs that may be applicable to you.

9. Limitation of Liability

9.1 You agree that, to the fullest extent permitted by law, we are not responsible for any loss, injury or damage caused to any person or property (including under contract, by negligence, statute, product liability or otherwise), whether they be direct or indirect, special, incidental or consequential, resulting from the application of information found on the website, in connection with these terms and conditions or in relation to any relationships entered into as a result of your use of the website.

10. Breach of Terms and Conditions

10.1 Without limiting any other rights available to us at law as a result of any breach of these terms and conditions by you, we may block your access to the website, cancel your membership or take any other action that we believe appropriate.

10.2 You agree to indemnify and keep us indemnified from and against all costs, proceedings or liabilities brought against or incurred by us in connection with your breach of these terms and conditions in any way or your use of the website.

11. Knowledge Centre

11.1 The articles provided on the website are for your information. We do not warrant the accuracy, relevance or reliability of any information contained in any article. Articles are an opportunity for independent businesses to educate users about certain issues and provide users with solutions to those issues.

11.2 You acknowledge that the articles are not professional advice and will be relied on by you in any way. Any use of any material contained in the articles is at entirely your own risk.

11.3 We are not responsible for any loss, injury or damage caused to any person or property as a result of reliance on material contained in any article.

11.4 If you contribute an article, you agree to indemnify us against any loss or claim resulting from that article, including the cost of legal fees.

12. ThatHorse News

12.1 ThatHorse News is a newsletter delivered to your email inbox. It is an opt in service that you must sign up to by providing us with your email address.

12.2 To stop receiving ThatHorse News, you must opt out by clicking on the link contained in the email or by contacting us directly.

13. General Terms

13.1 We are not liable for lack of performance, unavailability or failure of the website, or failure to comply with these terms and conditions because of any cause beyond our control.

13.2 If we do not enforce any right available to us under these terms and conditions, it does not constitute a waiver of that right or any other right under these terms and conditions.

13.3 If any term under these terms and conditions is held to be invalid, unenforceable or illegal for any reason, it will not affect the remaining terms and conditions, which will remain in full force.

13.4 These terms and conditions are governed by the laws of New Zealand. You submit to the non exclusive jurisdiction of the Courts of New Zealand.

13.5 The website contains intellectual property that is either owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, content, software and graphics. Reproduction of any intellectual property is prohibited without our express consent.

13.6 These terms and conditions represent the entire agreement between you and us. These terms and conditions supersede any other agreement made, past or future, that relates to the subject matter contained in these terms and conditions.

13.7 These terms and conditions are subject to change. Amendments will be effective upon the posting of the amended terms and conditions on this website.