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These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them. By using Our Website and services, and by placing an order with Dromgool Horsemanship Limited, you acknowledge that you have read through the following terms and conditions and agree to them in full.

We are a New Zealand based business: Dromgool Horsemanship Limited

Our address is: 55 Retreat Road, Paihia 0204 New Zealand

You are: a visitor to Our Website / Our Customer

The terms and conditions

Definitions

In this agreement:

“Consumer”

means the person, firm or company specified as the customer.

 

“Content”

means any material in any form published on Our Website by us or any third party with our consent.

 

“Material”

means Content of any sort posted by you on Our Website.

“Our Website”

means the entire computing hardware and software installation that is or supports Our Website.

“Product”

means any of the Product we offer for sale on Our Website so far as specified for each Product.

“Merchandise”

Means any of the products purchased that require delivery (ie excluding “Clinics”)

 

“Clinics”

Mean any of the Clinics, Events or Riding Holidays listed under “Events and Clinics” and “Riding Holidays”

PRODUCTS AND MERCHANDISE

Our contract with you

1. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall dispatch your order and or when your order will be available for download.

2. Unfortunately, we cannot guarantee that every Product advertised on our website is available. If at any time a Product becomes unavailable, we will immediately refund any money you have paid.

3. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you place your order.

4. If in the future, you buy Product from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

5. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date of your order.

Price, payment and product provision

We may change the nature or provision of the Product at any time. We may tell you about any such change by email or by posting details on Our Website.

Delivery

This paragraph applies only if your order includes a Product:

1. Dromgool Horsemanship full Shipping Policy is on Our Website.

2.Prices for goods are not inclusive of postage.

3. Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order within 7 working days of the date of your payment

4. If we ourselves are not able to deliver your Product within 7 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery.

5. Goods are sent at our risk until received by you or by any other person at the address you have given to us.

Return & Warranty Information

  • Please check your order carefully.
  • If you need to return/exchange an item please call us to organise this within 30 days from the date of your purchase.
  • There will be no refunds/returns on items past 30 days.
  • Our limited warranty covers defects in craftsmanship and/or materials. It is valid for 30 days from the date of purchase.
  • Untying of any knots on our halters voids the warranty. Please call our office with any questions or concerns regarding the knots and sizes.
  • Please send a copy of your invoice, as proof of purchase with any return.
  • Final decisions regarding condition, restocking fee, and reimbursement are at the discretion of Dromgool Horsemanship.

 

CLINICS

Bookings
Bookings are accepted by Dromgool Horsemanship Limited (the Operator) only upon payment of the Clinic deposit (which is non-refundable) and receipt of the Booking/Registration Form and Terms and Conditions signed by the participant.

Payment in full is required by no later than 8 weeks before the commencement of the Clinic.

Cancellations
The Clinic deposit is payable upon booking, and is non-refundable.

Registration is valid for any Clinic within 12 months of the date of registration.

An invoice will be sent to participants prior to the commencement of the Clinic. Invoices must be paid no later than 8 weeks prior to commencement of the Clinic. At this point you are liable in full for the Clinic fee and any associated costs – for example, but not limited to, Arena fees.

Arena fees, overnight yarding, grazing, camping etc are all extra and these vary according to the venue. You will be notified prior to your clinic of these costs and how to pay for them.

Clinic deposits may be transferred to a different Clinic once only PRIOR to the due date on your invoice – any transfers will incur will incur a $50 to $100 transfer and administration fee.

Your Clinic deposit is not able to be used for Auditing/Spectating.

No transfer, refund or reduction in the fee will be provided in the event of cancellation after the invoice becomes due for payment – you may find someone to take your place and have them reimburse you directly for your Clinic fees or you may choose to gift it to them – this is subject to Dromgool Horsemanship deeming them to be a fit and proper person to attend the Clinic.

No refunds will be given, for whatever reason, after a Clinic has commenced.

You will be charged penalty interest of 10% above the current bank overdraft rate and collection costs on any debt that is referred to a debt collection agency.

Clinic Participation

  • The first 2 days of the Clinic are compulsory – the 3rd complimentary day is optional. The 3rd complimentary day is applicable only for the Clinic you have participated in – if you are not able to participate on the 3rd day it is not transferable to another date/Clinic.
  • If you are unable to attend one of the first 2 days of the clinic you will need to transfer to a clinic where you can attend the first 2 days.
  • Participants 16 years of age or younger must be accompanied by a non-participating guardian (who spectates free of charge)

Health and Safety

Under the Health and Safety at Work Act 2015, the Operator and all participants have a duty to ensure, so far as reasonably practicable, the health and safety of all persons participating in our Clinics.
All participants need to be aware of the inherent risks that are associated with horse-riding generally and with trekking on horseback. The Health and Safety at Work Act 2015 requires all participants to co-operate in order to minimise these risks.
In particular, all participants must:

• Ensure that they have an understanding of the risks and hazards associated with horse-riding activities
• Be riding fit and ensure that their horse is fit and sound
• Take reasonable care of their own health and safety, and ensure that their saddlery and safety equipment is in good condition and suitable for trekking and schooling
• Wear helmets at all times when mounted
• Follow basic safety procedures when handling and riding horses
• Take reasonable care that their acts or omissions do not adversely affect the health and safety of others
• Behave sensibly and politely, considering the needs and safety of others at all times
• Comply, as far as they are reasonably able, with any reasonable instructions given by the Operator
• Co-operate with the policies and procedures which have been put in place to ensure the safety of participants

We have years of experience successfully and safely operating our Clinics in accordance with recognised best practice. It is essential that participants comply with all reasonable instructions given to them by the Operator, and co-operate with policies and procedures which have been put in place to ensure the safety of participants.

Reporting of incidents and risks
Any incidents, hazards or risks must be reported immediately to the Operator so that these can be recorded and considered, and appropriate action can be taken in response.

Exclusion of participants
The Operator reserves the right to exclude any participant from all or part of the Clinic at any stage if it appears to the Operator that the participant’s health or conduct is likely to pose a risk to themselves, their horse, the Operator, or to other participants. The Operator may also remove a participant from the Clinic with no refund if they have failed to declare a relevant health issue.
The Operator reserves the right to determine that a person is not fit or proper to attend the Clinic and refuse entry (or request that the participant leave the Clinic) at any time before and during the Clinic.

Alteration of itinerary
The Operator reserves the right to alter the itinerary of the Clinic at any time and at its sole discretion, for example due to weather conditions or other factors which may pose a risk to the health and safety of participants. This also includes changing dates if Clinic numbers make the Clinic they registered into unviable.

Insurance
By signing these Terms and Conditions, participants acknowledge and confirm that:

• They will not seek to rely on any insurance policy that the Operator may hold in the event of personal injury or death, damage to property, or any other losses howsoever incurred during the Clinic.
• They are advised to ensure that they have adequate insurance cover in place in respect of personal injury or death, medical expenses, damage to property, and any other loss or damage that may be suffered during the Clinic.
• They participate in the Clinic at their own risk, and they will not seek to hold the Operator (or its employees, officers or agents) liable for any personal injury, or loss or damage to property, that they may suffer during the course of the Clinic.

Consent to Booking Conditions
By signing these Terms and Conditions, participants confirm that:

• They agree to all of the above terms and conditions
• They will comply with the Operators reasonable health and safety policies and procedures as communicated to them prior to and/or during the Clinic
• They give permission to receive medical assistance in the event of an emergency

Indemnity
Every adult included in the Booking/Registration must sign a copy of these Terms and Conditions. A parent or legal guardian must sign on behalf of any participant 18 years of age or under.
In the event that the Terms and Conditions are signed on behalf of another person (“the named person”), the person signing confirms that he/she has full authority to sign on behalf of the named person, and that the named person understands and accepts these Terms and Conditions.
The person signing hereby agrees to indemnify the Operator, its officers, employees or agents against:

• Any claim that may be brought by the named person arising out of the Clinic
• Any claim that may be brought by the person signing arising out of the Clinic
• Any legal costs or other expenses associated with responding to or defending any claim or demand for compensation made by the named person or person signing these Terms and Conditions

FORCE MAJEURE

Dromgool Horsemanship Limited shall not be liable to the Customer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the Product, or failure to perform any term in this contract where such delay or failure is caused directly or indirectly by an act of weather situation, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond Dromgool Horsemanship Limited control.

Cancellation of order of Merchandise

1. If you are a citizen of the European Union, and you bought the Product as a Consumer, you may cancel your order for the Product at any time before the expiry of 7 working days from the date of order, not including the day you ordered.

2. If you cancel before delivery, we will refund your money as soon as reasonably possible and in any event within 30 days of cancellation of your order.

3. This paragraph does not affect your rights in the event that you have a genuine and valid complaint about a Product fault.

4. If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.

5. You are responsible for purchasing Products which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

Goods returned

1. Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity exactly what the fault is.

2. The procedure for the return of Products is set out on Our Website in the Return and Refund Policy section.

Your account with us

1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Product.

2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

4. We reserve the right to refuse you access to Our Website.

Disclaimers

1. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Product, at any time and without advance notice.

2. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

3. We give no warranty and make no representation, express or implied, as to: the adequacy or appropriateness of the Product for your purpose; any implied warranty or condition as to merchantability or fitness of the Product for a particular purpose other than that for which the Goods are commonly used; The use of, or results of the use of the Product or its compatibility with your equipment, software or telecommunications connection; compliance with any law; non-infringement of any right.

4. Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of our Product.

6. In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

Copyright, Intellectual Property Rights and Confidential Information

1. By accepting this contract, you accept Dromgool Horsemanship Limited has All Rights Reserved on all Content, Products, that is, is the copyright holder and reserves, or holds for its own use, all the rights provided by copyright law such as distribution, performance and creation of derivative works. Dromgool Horsemanship Limited does not waive any such rights.

1. You may not copy or share the Product(s) except for the purpose of system maintenance, a backup copy for your own personal use, copying to your own personal computer(s) and copying to your own personal mp3 playing device(s) owed by you.

2. You may not transfer Product(s) or allow any other person to use them.

2. You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.

3. We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

4. We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.

5. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

6. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

7. Subject to the other terms of this agreement, You may not store electronically any significant portion of any Content.

Your email address

1. You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

2. You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

3. You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

System Security

1. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

2. You may not use any software tool for the purpose of extracting data from our website.

3. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

Acceptable use Policy

As a condition of your use of Our Website, you agree to comply with these provisions:

You will not use or allow anyone else to use Our Website to post or otherwise publish:

1. copyright works;

2. commercial audio, video or music files;

3. any Material which violates the law of any established jurisdiction;

4. unlicensed software;

5. software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;

6. links to any of the material specified in this paragraph;

7. pornographic Material;

8. any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.

You will not use the Products for spamming. Spamming includes, but is not limited to:

1. The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;

2. The sending of junk mail;

3. The use of distribution lists that include people who have not given specific permission to be included in such distribution process;

4. Excessive and repeated posting off-topic messages to newsgroups;

5. Excessive and repeated cross-posting;

6. Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;

7. The emailing of age inappropriate communications or content to anyone under the age of Eighteen (18).

Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

Miscellaneous provisions

1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

2. Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

3. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

4. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

5. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

6. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

7. This Agreement shall be governed by and construed in accordance with the law of New Zealand. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Dromgool Horsemanship Limited