PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE EQUINE ID SOLUTIONS WEBSITE. BY ACCESSING AND USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY CONTENT WITHIN THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE WEBSITE.
Four Spires Pty Ltd trading as The Blacksmith Bar ACN 153 239 215 (“Company”) owns and operates The Blacksmith Bar providing hospitality, catering and entertainment services (“Services”) and food items, alcoholic and non-alcoholic beverages (“Products”) to patrons in Melbourne, Victoria. Our website is located at https://theblacksmithbar.com.au/ (“Website”). Our Website is a platform which provides eCommerce services to allow customers to browse, query and keep up to date with the Services offered at the Venue. The Company can be contacted at PO Box 799, South Yarra VIC 3141 or via email at email@example.com.
4.2 You must be 18 years of age to make an enquiry. When making an enquiry, you will be required to fill in your details, namely your personal details such as full name, mobile number and email address. You are solely responsible for how you use our Website and the information you provide when making an enquiry.
4.3 After receiving your enquiry through the “Contact Us” Webpage: 4.3.1 the Company will receive an email with all the details you have provided. The Company will then contact you either by phone or email with information and a quote for our Services and/or Products;
4.3.2 if you agree to the quote, the Company will provide you with the venues terms and conditions to review, fill out and return, along with a credit card authorisation for the purposes of payment .
4.3.3 If you agree to the venues terms and conditions and provide the Company with credit card authorisation, the Company will then process the deposit and provide you with a receipt. The Company will not take the full payment until the day of the event.
4.4 If you wish to obtain further information relating to our Services specific to each of the Venues, you may do so by accessing the particular Venue’s website.
5. LEGITIMATE PURPOSES ONLY 5.1 The Website and Services must be used for legitimate commercial business purposes only. You agree to use the Website and Services in a way which does not abuse it or its functionality, or otherwise restrict or affect the ability of others to access and use the Website.
9. COMMUNICATIONS 9.1 By making an enquiry and providing your email address, you consent to the Company providing you with marketing, promotional and advertising materials and other communications regarding offerings which the Company considers may be of interest to you.
12.3 You represent and warrant that the information provided by you through your use of the Website does not and will not infringe the rights, including without limitation, the intellectual property rights, of any person or other third party.
12.4 The Company may only use the information provided by you through your use of the Website in a way that does not disclose personal information to any third party, where personal information has the meaning given under applicable privacy laws.
13. PROHIBITED USE 13.1 Your use of the Website, Services, Company Content and the information you provide must not:
(a) Be false, inaccurate or misleading;
(b) Be fraudulent or deceptive;
(c) Infringe on any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights of publicity or privacy;
(d) Violate any applicable law (including those governing customer protection, unfair competition, criminal law, anti-discrimination or trade practices law);
(e) Be defamatory, threatening, harassing, unlawfully discriminative or offensive;
(f) Contain any viruses, trojan horses, time bombs, trap doors, back doors, Easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devise or other computer programming routines that may or are intended to damage, modify, delete, interfere with, intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Website.
(g) Damage the integrity of the Website or Equine ID Solutions, or dilute, tarnish or otherwise harm our brand in any way;
(h) Breach or violate any of our policies;
(i) Use our Website in connection with the distribution of unsolicited commercial mail (“spam”) advertisements;
(j) Attempt to gain unauthorized access to the Website or networks connected to the Website; or
13.3 The Company expressly reserves the right to take any action deemed necessary in respect of any Prohibited Use or other illegal or unauthorised use of the Website by any person, including referring matters to appropriate authorities for further investigation (such as police) and appropriate legal action.
13.4 You must immediately notify the Company if you become aware or reasonably suspect that any user is engaging in Prohibited Use, or proposes to do so.
14. USER INTERACTIONS 14.1 You are solely responsible for your interactions with other persons via the Website generally. You acknowledge that the Company has no obligation to monitor your interaction with other users of the Website, and has no responsibility or other involvement in any dispute that may arise between you and another Website user.
17. DISCLAIMERS 17.1 The Company does not warrant that the Services, Website or Company Content will be error free, or that your use of the Services, Website or Company Content will be uninterrupted, or that the they will meet your requirements. Accordingly, you expressly acknowledge and agree that use of the Services, Website and Company Content is at your sole risk, and further acknowledge and agree that to the extent permitted by law, the Services, Website and Company Content is provided “as is”, with all faults and without warranty of any kind. Accordingly, the Company is not responsible for any problems, failures or technical malfunctions of any telephone lines or networks, computer online systems, servers or providers, computer equipment, software, or any other object or material, related to your use of the Website, including but not limited to any damage resulting from the access, download or use of Company Content or other material used by you as part of your use of the Website.
17.2 Further, the Company makes no warranties or representations regarding the security of material, data and information uploaded or submitted by you in your use of the Website, and is not responsible for the loss of any material, data and information
uploaded or submitted by you in your use of the Website.
17.3 The Company expressly disclaims, to the fullest extent permitted by applicable laws and regulations, any statutory or other guarantee or warranty relating to the Services, Products, Website and Company Content, including but not limited to guarantees of acceptable quality and warranties of merchantability or fitness for purpose. The Company cannot guarantee, and does not promise, any specific results from use of the Website. In no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any information provided by you through your use of the Website or from your conduct, whether online or offline.
17.4 The Company may only use information provided by you through your use of the Website in a way that does not disclose the personal information of the customer to any third party, where personal information has the meaning given under applicable privacy laws.
(a) in the case of goods (including the Products), and at the sole option of the Company, either (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired;
(b) in the case of Services, where there is a minor problem and at the sole option of the Company, either (i) the replacement or the supply of equivalent Services; (ii) the repair of the minor problem;
(c) The Company expressly disclaims, to the fullest extent permitted by applicable laws and regulations, any statutory or other guarantee or warranty relating to the, Services, Products, Website and Company Content, including but not limited to guarantees of acceptable quality and warranties of merchantability or fitness for purpose. The Company cannot guarantee, and does not promise, any specific results from use of the Website or the Services or the Products. In no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any User Content submitted as part of the Website or from your conduct, whether online or offline.
20.2 You will inform the Company immediately upon becoming aware or suspecting that an unauthorised person has become aware of any Confidential Information.
20.3 You are permitted to disclose Confidential Information to such third parties as are strictly necessary, where you are required by law to do so (provided that you give the Company reasonable advance notice and opportunity to object to the requirement to disclose such information or obtain an appropriate order to protect its Confidential Information), or if the Confidential Information enters the public domain (other than as a result of a breach by you of your obligations under this clause).
22.3 You expressly agree and acknowledge that you are not authorised or permitted to bind the Company in any way whatsoever in relation to any contract or agreement with any third party.