TERMS OF USE
Acceptable use
Thank you for visiting the HorsePower Australia website. By continuing to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which govern HorsePower Australia's (HorsePower) relationship with you when using this website.
The term "HorsePower" or “us” or “we” refers to the owner of the website, Riding for the Disabled Association of Western Australia Inc. trading as HorsePower Australia, a Registered Charity No CC17955. Located at Address: 303 Cathedral Avenue, Brigadoon WA 6069. The term “you” refers to the user or viewer of our website (“the site”).
These terms of use may be modified at any time and such modification shall be effective immediately upon web posting of the modifications. Your continued use of the HorsePower Australia Website shall be deemed to be your conclusive acceptance of the modified terms and conditions.
The use of this site is subject to the following terms and conditions of use:
Acceptable Use Policy
Changes to the Site and services provided
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The content of the pages of this site is for your general information and use only. It is subject to change without notice;
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HorsePower Australia reserves the right to modify, discontinue or suspend all or part of the site or its services at any time without notice.
User Conduct
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You must not use the site in any way that causes, or is likely to cause, the site or access to it to be interrupted, damaged or diminished in any way;
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You must ensure that any content you upload onto the site (including photographs) is not obscene, offensive, defamatory or racist and does not breach any law or regulation or any intellectual property rights of a third party or any right or duty owed to a third party. This means that if any of the content you upload is copyright protected, you must obtain the copyright owner’s written permission in order to use it;
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In the event that you become aware of any content which breaches any of the above rules, please notify us immediately by emailing admin@horsepower.org.au
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You must not use the site to misrepresent your identity or affiliation with any person or organisation;
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You must not use the site to send junk or spam email;
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You must not use the site to conduct, display or forward details of any survey, contest, pyramid scheme or chain letter;
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HorsePower Australia reserves the right to remove any content from any page without notice at its sole discretion;
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You must not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other web site;
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You must not attempt to bypass the network firewall;
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You must not use any part of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access;
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You must not to use or attempt to use the site for any unlawful, criminal or negligent purpose. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses and intentional invasion of privacy.
Copyright Policy
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Copyright in the text, images, software, logos, icons, sound recordings and HTML code, content and other copyright material in this website is owned or licensed by HorsePower Australia for use on this website;
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The site contains material which is owned by or licensed by us and is protected by intellectual property law. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the site. Reproduction of this material is prohibited other than for your own personal, non-commercial use, provided that the material is not altered in any way and no trademark, copyright mark or other proprietary notice is removed from the material in question;
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No other use of material on the site is permitted other than with the express written permission of the copyright holder;
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Unauthorised use of the site may result in a claim for damages and/or be a criminal offence.
Security Policy
HorsePower Australia is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How HorsePower Australia uses cookies
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Cookies are not programmes they are simple text files and contain two pieces of information; a site name and unique user ID. When you visit a site that uses cookies for the first time, a cookie is downloaded onto your PC. The next time you visit that site your PC checks to see if it has a cookie that is relevant and send the information contained in that cookie back to the site.
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We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to our user’s needs. We only use this information for statistical analysis purposes and then the data is removed from the system;
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Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us;
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You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website contains links to enable you to visit other HorsePower Centre websites and others of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Billing Policy
General
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If you have selected a one time payment, your credit card will be billed immediately.
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If you have selected a recurring payment (monthly, fortnightly, weekly, or four weekly) then your credit card will be billed on the day that you have selected.
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If you have selected a recurring payment, you can cancel your payment at any time. Please contact us if you would like to cancel your recurring payment.
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No refunds will be issued for donations, except in exceptional circumstances.
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On your credit card statement (or your payment card statement) the following will be shown:
“Riding for the Disabled Association of WA” and the amount debited. -
Please keep a copy of the transaction for your records. We will send you a receipt when you have made your payment.
Receipts
HorsePower Australia collects donations for State Office and on occasion (where a centre does not have DGR status) on behalf of a local HorsePower Centre and passes the money on at predetermined intervals. HorsePower Australia will process receipt requests if requested on the site when making electronic online payments or in writing via email when making the initial transaction.
Unauthorised Card Use
You agree not to use an invalid or unauthorised credit/debit card. Once a donation is made, the transaction is final and not subject to dispute unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card issuer in accordance with its reporting rules.
Disclaimer and No Liability
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Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law;
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Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this site meet your specific requirements;
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In no circumstances will we be liable for any loss or damages, whether direct or indirect, arising out of your use of the site and the services provided there or your inability to use them;
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HorsePower Australia shall not be liable to you or any third parties in contract or in tort arising out of, or in connection with, or relating to, the holding or staging of a fundraising appeal or event which has been published on the website or any fact, matter or thing relating to the holding or staging of a fundraising appeal or event (whether negligent or in breach of contract or not).
Breach of Terms and Conditions of use
In the event of your failure to comply with these Terms and Conditions of use, we reserve the right to immediately suspend your access to any and/all parts of the site and the services provided there without notice and without reference to you.
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Validity and Satisfaction of Terms
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HorsePower Australia accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond HorsePower Australia's reasonable control;
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If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Fundraising and Physical Activities on behalf of HorsePower Australia
Fundraising pages used to promote a physical activity or event (each such event, an “Event”) I agree as follows:
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I agree, represent, and warrant that I have received consent from my physician to participate in health and fitness programs, workouts, exercises, or any other related activities connected to my fundraising activities and declare that I am physically fit and have trained sufficiently to participate in and complete the Event.
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I waive, release and discharge HorsePower Australia and its officers, employees, contractors, volunteers or agents involved in the Event from all claims or causes of action I may have (including for negligence) arising from any injury, loss or damage of any kind suffered by me including personal injury, illness or death and/or loss or damage to any property arising either directly or indirectly out of my attendance at or participation in the Event. I also waive, release and discharge HorsePower Australia and its officers, employees, contractors, volunteers or agents involved in the Event from all claims or causes of action I or any person under my care may have (including for negligence) arising from any injury, loss or damage of any kind suffered by any person or property being pushed, carried, accompanied or in any like manner by me. This includes children in child-carrying devices arising either directly or indirectly out of my or their attendance at or participation in the Event. I agree to take all necessary precautions and actions to ensure any child or person accompanying me, whether in a child-carrying device or not, is safe. I indemnify and will keep indemnified HorsePower Australia and its officers, employees, contractors, volunteers and agents against all costs, losses or damages arising from or in relation to my attendance at or participation in the Event including the attendance or participation of any person in my care.
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I consent to the free use of my name and pictures of me in any broadcast, telecast and print by HorsePower Australia in relation to the Event.
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Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia;
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Any complaint made about HorsePower Australia by either a member of the public or an employee must be referred in the first instance to HorsePower Australia. Such a complaint should be specific and in writing. Upon receipt of a complaint, HorsePower Australia will use its best endeavours to respond to the complaint and resolve any matters arising from it within 21 days. If, following a response from HorsePower Australia, the complaint is not resolved to your satisfaction, it may be referred for consideration by the appropriate state regulatory body.