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Terms & Conditions

Terms and conditions apply to the use of this website, including using the onsite email tool to send enquiries to listings on the site, the placement of directory listings, advertising of goods and services, and posting reviews. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

These terms and conditions are effective from October 2012.
1. Terminology
1.1 In these terms and conditions, the terms “we”, “us” and “our” area refer to Equine Trader, Equine Racing, Venues, Turner Media Ltd and any other Turner Media website linked to these Terms and Conditions, all of which are encompassed by the term ‘TML’ hereafter.
2. Amendments to Terms and Conditions
2.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
3. Liability
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of TML to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, a lister’s acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. TML's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
4. Indemnity
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your sale or attempted sale of an item prohibited, or arising out of any content or item you submit, post, transmit, or make available through the Services.
5. Breach
Without limiting any other rights and remedies available to TML, TML may limit your activities on the Website, remove your listings, warn other site users of your actions, issue a warning to you, suspend or terminate your registration or access, or refuse to provide our Services to you if you breach these terms and conditions or where TML considers it appropriate.
6. Registration
6.1 In order to be able to place directory listings, you must register.
6.2 We reserve the right to terminate your registration at any time if you breach these terms and conditions.
7. Registration Obligations
By registering on our website or by using our website to send enquiries to listings and using other features of the website you agree to abide by the following terms and conditions:
     i. To pay all costs incurred on the website. For example, those incurred when placing a paid listing or advertising of any kind;
    ii. You acknowledge that any information or material submitted by you to the website is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction;
   iii. When you submit material to the website, you assign all copyright which subsists in such material to us;
   iv. You are responsible for protecting the confidentiality of your password;
    v. You will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
   vi. You agree not to impersonate any other person;
  vii. You agree not to post or transmit any unsolicited advertising or promotional materials on the site and agree not to use the email an enquiry function for this purpose;
 viii. Any material which you post may be removed by us from the website without notice at any time;
   ix. You will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;
    x. You will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware
   xi. You accept that any material or information provided by you may be posted in the discussion forum for any other members or guests to read;
  xii. All information provided by us on this website is provided in good faith. You accept that any information provided by us in general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time;
 xiii. We do not make any representations or warranties that the information we provide on this website is reliable, accurate or complete or that your access to the website will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears on this website
  xiv. We do not accept any liability for the accuracy or content of any material posted by other members on this website. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member;
   xv. We do not accept any responsibility or liability for any information or material which you submit to this website, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the website;
  xvi. We do not warrant that we will respond to questions or comments submitted by you to us;
 xvii. If you download any material from this website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialize any information, products or services from the downloaded material.
 xviii. You cannot at any time place anything for sale or conduct business via the email enquiry feature.
8. Termination of Registration and Listings
We reserve the right to decline registration of this website without entering into further discussion with you. We may terminate your registration of this website at any time if we have reason to believe that you have breached these terms and conditions. You may terminate your registration on this website by emailing us and requesting that your registration be terminated. You shall not be entitled to receive any refund of any listing or advertising fee.
9. General
9.1 All listings or communications made through TML shall be made in good faith.
9.2 You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. You may not use or contact any directory listings or information on this site as part of your own commercial enterprise or to promote your own services to our advertisers. 
9.2 You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
9.3 You shall not list your email address, phone number or any other contact detail within the listing description of listings or reviews. 
9.4 Not withstanding the above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details.
9.5 You must not contact advertisers via the directory for the purpose of promoting products or services.
10. Your obligations as a lister
10.1 Listers must be located in New Zealand. Listers outside of NZ are not permitted to list on Venues. TML may agree to approve  offshore (outside of NZ) members and listings if the venues listed are in located NZ but the manager or owner is offshore.
10.2 You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), anything which infringes copyright or other intellectual property rights, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach any of the clauses in these Terms and Conditions. You agree that TML may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause at any time.
10.3 You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
10.4 You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.
10.5 Listings are not pre-screened for content. TML reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
10.6 Listings must provide and retain a valid email address and agreee to receive communicatrions from TML and 
11. Your obligations as a site user
11.1 Site enquiries must be genuine venue or service enquiries.
11.2 You shall not use the website to promote any products or services without us having a signed advertising agreement covering the relevant promotion.
12. Reviews
12.1 Feedback you provide in reviews of venues or services must not contain offensive, defamatory or inappropriate language. TML reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
12.2 You must not post reviews or feedback about yourself or include any contact details or personal information in your review.
13.1 TML charges fees for the use of the Website.
13.2 TML's current fees are listed on our website or in your advertising agreement.
13.3 If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. 
14. Disclaimer
14.1 We do not warrant that any material you submit to the website will be protected against loss, misuse or alteration by third parties.
14.2 We do not warrant that we will post your information or material on the website. If we elect in our sole discretion to post your information or material on the website, we do not warrant that the material or information you submit will be posted within a certain timeframe.
14.3 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
14.4 Exception to Disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
15. Specific Warnings
15.1 You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
15.2 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website
15.3 We do not accept liability for any losses arising directly or indirectly from a failure to provide the facilities of this website, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other members in contravention of the members’ obligations as set out in these terms and conditions or any content transmitted by a non-member.
15.4 You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your password or ID, whether or not you have authorized that person to use your password or ID.
15.5 You acknowledge that we cannot confirm the identity of site users or prevent them acting under false pretences.
15.6 Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement
16. Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.  Other than for the purposes of, and subject to the conditions prescribed under, the NZ Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorized by these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
(b) any information, products or services obtained from any part of this website; without our written permission.
17. Trade Marks
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive;
(d) in a manner that disparages us or our information, products or services (including this website).
18. Restricted Use
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorized to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
19. Linked Websites
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
20. Privacy Policy
We undertake to comply with the terms of our privacy policy which can be found on the website.
21. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
22. Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination
23. Governing Law
These terms and conditions are governed by the laws in force in Australia or New Zealand. You agree to submit to the exclusive jurisdiction of the courts of Australia if an Australian site user or lister, or New Zealand if a New Zealand or offshore member.
24. General
24.1 We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
24.2 If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
24.3 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.
24.4 By using this website and submitting your email address you agree to be contacted by us in relation to venues and related offers. 
25. To Return to the Website
To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above terms of use.