Terms & Conditions - Tack Track

This website at www.tacktrack.com.au(Website) is operated by 10 Rose Pty Ltd ACN 663 866 984 trading as Tack Track, and/or its related entities. Any references to “we”, “us”, “our”, “the Company” or “Tack Track” are references to 10 Rose Pty Ltd and its related entities as applicable. These terms and conditions (Terms) govern your use of this Website and also apply when you tag us in social media, and must be followed by you. Tack Track reserves the right to modify, amend or update these Terms at any time without prior notice. We suggest you regularly check this page to ensure you are aware of the most recent Terms.

By using the Website, including to place an order for products or by subscribing as a Member, and continuing to access the Website, and by tagging us on social media, you consent to and agree to these Terms.

1. Definitions

(a) Equipment Registration Services means the services available on the Website which allow Members to register their own equipment against their account on a register which is made available to all Members in order to track the ownership and authenticity of that equipment;
(b) Member means any person who has paid the applicable subscription and other fees in order to receive access to Equipment Registration Services and other functionality on the Website that is made available only to paid subscribers;
(c) User means any person who has access to, or use of, the Website, whether or not they are a Member;
(d) User Content means any data, content, comments, images, text, photographs, audio, videos, music or other materials or information that a Member inputs or uploads on the Website or on Tack Track’s social media accounts.

2. Use of the Website

Some of the Website’s functionality is only available to Members (Member-Only Functionality). These Terms and Conditions govern all use of the Website by Users and Members, including use of the Member-Only Functionality by Members.
Tack Track does not warrant continuous access to the Website and will not be liable if the Website is unavailable to you due to Website downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.

3. Registration and Accounts

To use the Website you must register and, in so doing, create an account. When you register to use the Website, you agree that the information you provide about yourself is true, accurate and current (User Data). User Data will be managed by Tack Track in accordance with our Privacy Policy.
If you provide any User Data which is inaccurate or not current, or Tack Track has reasonable grounds to suspect that your User Data is inaccurate or not current, Tack Track has the right to suspend or terminate your account and to refuse you future access to the Website and the services provided on the Website.
You are solely responsible for managing the confidentiality of your account, including of the password associated with your account. By registering you agree to accept all responsibility for activity which occurs on your account or from any devices – including computers and mobile devices – on which you are logged in to your account.
We endeavour to use reasonable security measures to protect against unauthorised access to your account; however, we cannot guarantee absolute security of your account or that our security measures will prevent third parties from illegally accessing your account, the Website or its contents.
You agree to notify Tack Track immediately upon noticing any unauthorised access of your account or the Website, or any other breach of security.

4. Membership and Payment

4.1 Fees

In order to become a Member, you may be required to pay subscription fees and any taxes as may be relevant from time to time. Subscription fees will be paid on an annual basis and will be payable in advance unless you are notified otherwise by Tack Track.
You agree to pay the subscription fees associated with becoming a Member in a timely manner and in accordance with these Terms. Tack Track reserves the right to increase the subscription fees or to introduce new fees at its sole discretion upon reasonable notice in advance.
If a payment of your subscription fee is rejected, unsuccessful or otherwise invalid, Tack Track may cancel your Membership.
All subscription fee payments made are non-refundable unless otherwise stated.

4.2 Payment Method

To pay any fees, or to make purchases on the Website, you must provide information about your preferred payment method, such as credit card details. Tack Track may use third party services providers to processes payments made by Users and Members. When you provide your payment information you authorise Tack Track, and its third party service providers, to receive and store your payment information.
It is your sole responsibility to ensure that you provide valid payment information and ensure that your payment information remains up to date.
Where third party payment methods (such as Stripe, PayPal or AfterPay) are used for payment, the terms and conditions and privacy policies of each of those providers may also apply to your payment, in addition to these Terms. You are responsible for ensuring compliance with any applicable third party terms.
You must not pay, or attempt to pay, for any purchase via fraudulent or unlawful means.

4.3 Cancellation of Membership

If you have registered, you may cancel your Membership by visiting your “Account” page and selecting “Edit Membership” and following the prompts. If no such button is available or you experience technical difficulties, please contact info@tacktrack.com.au to enquire about your membership.
The cancellation of your Membership will take effect at the end of the prepaid yearly subscription period. When your Membership ends, you will remain a registered User and will still have access to the Website, but not to the Member-Only Functionality.
You may deactivate your account at any time. If you deactivate your account up to 7 days prior to the automatic yearly subscription renewal date, the next renewal fee will not be charged.
When your Membership ends, you will remain a registered User and will still have access to the Website, but not to the Member-Only Functionality. You may deactivate your account at any time.
You may re-start your Membership after you have cancelled it without needing to create a new account. Subscription fees or other applicable fees may have increased when you re-start your Membership.

5. Products, Services and Orders

5.1 Products and Services

While Tack Track strives to provide accurate product and service descriptions and pricing information, errors may sometimes occur. We do not represent the accuracy or completeness of any information on the Website and are not responsible for any errors, omissions, or defects.
Tack Track may modify or remove products or services at its discretion for any reason, including for example product discontinuation, unavailability, or advertising errors. Any information provided as to the availability of any product or service is a guide only and subject to change without notice.
Some of the services made available on the Website, including the Equipment Verification Services, and identification verification services, may be provided to Tack Track via a third party. In order to access these services, you may be required to accept additional Terms and Conditions from the third party service provider.

5.2 Order and acceptance

By placing an order, or paying to access services, via our Website, you are making an offer to purchase the selected products or services in accordance with these Terms. We may require additional verification or information from you before accepting an order.
Once an order is accepted, you are liable to pay for that order.
We reserve the right to not accept an order, or to cancel an order, for any reason up until the time you accept delivery of the products or services.
If an order is unable to be fulfilled after acceptance for any reason (for example insufficient quantities), the order will be cancelled and your payment refunded. We will contact you as soon as possible to advise of this.

5.3 Taxes and duties

The prices for all products on the Website are in Australian dollars and are inclusive of Australian Goods & Services Tax.
Any order shipped to a destination outside of Australia may be subject to import taxes or duties. Tack Track only charges the price of the product and shipping to your payment method and is not responsible for any international duties or charges. As the recipient of the product, you must comply with all applicable laws and regulations and are liable for these charges. Import taxes and duties (if applicable) are the responsibility of the consignee.

5.4 No Representation or Warranty for products and services sold

Except as expressly stated herein or as required by law, Tack Track makes no representations or warranties, either express or implied, of any kind with respect to products or services advertised or sold on the Website including but not limited to merchantability and fitness for a particular purpose.

5.5 Risk and Title

Title to products ordered on the Website passes to you upon delivery. All risk of loss or damage to the products ordered by you passes to you when we dispatch the product from our premises.

5.6 Refunds/Returns Policy

If your product has a fault, please contact us directly on <info@tacktrack.com.au> to arrange your return directly.
The Australian Consumer Law guarantees cannot be excluded by law. If the product you have purchased has a fault, Tack Track will arrange for a repair, refund, or replacement in accordance with the law.

6. Intellectual Property

6.1 Tack Track content

All rights, title and interest in any content, other than User Content, and materials appearing on or used on the Website, including trade marks, brands, style names, designs, photos, images, video, audio, text, layout, copyright works, software (Intellectual Property) is owned or licensed by Tack Track. You are not permitted to reproduce any Intellectual Property unless you have prior written permission of Tack Track.
Access to, and use of, this Website does not confer and shall not be considered as conferring upon you or any third party any licence to use Tack Track’s Intellectual Property. You may not download, copy, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in the sale of, exploit in any way, in whole or in part, the Intellectual Property, the Website, or any related software.

6.2 User Content

You retain all ownership rights in the User Content you publish on the Website. To the extent permitted by the applicable law, you grant to Tack Track a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, publish, communicate to the public, modify, distribute, edit or make derivate works of any User Content, in whole or in part, including sharing such User Content with third parties or by posting such User Content on our social media channels.
You also hereby grant a non-exclusive license to each User to access your User Content and to reproduce, distribute, and display such User Content to the extent permitted through the normal function of the Website and subject to these Terms and applicable law.
When a User posts, uploads, publishes or makes available User Content to or on the Website, the User acknowledges that it is solely responsible for such User Content. Each User further represents and warrants that it has the right, power and authority to post, upload, publish or make available that User Content without infringing on any third party rights.
You acknowledge and agree that you are responsible for any User Content including any harm caused to you, to another User, Member, to Tack Track, or to any third party by such User Content. You also agree to maintain the accuracy, quality and legality of any User Content you post, upload, publish or make available on the Website. The Company is not responsible for any User Content.

7. Disclaimers

7.1 Information

All information on the Website is supplied with no warranty whatsoever.
No warranty is made that any information on or linked to the Website is complete and/or accurate. All information contained on the Website, including information relating to the ownership, availability and/or authenticity of horse-riding and similar equipment, is for informational purposes only. It may be presented in summary or aggregate form.
You take full and total responsibility for what you do with information on this Website, and any resulting outcomes from your actions.

7.2 Third Party content/links

Links to third party sites or third party information are provided solely as a convenience to you.
Tack Track cannot guarantee the accuracy or quality of the services provided by any third party.
Tack Track is not responsible for, and does not make any warranties or endorsements regarding, the content of any third party sites and makes no representations regarding the accuracy or content of material on those sites. The use of any third party sites or links is entirely at your own risk.
Tack Track will not accept liability for any loss or damage arising as a result of the services provided by the third party service providers
You agree to indemnify Tack Track from all claims, loss, damage, costs, expenses (including legal fees) or other liability whatsoever to the extent permitted by law which is or may be claimed against Tack Track in connection with your use of any services made available on the Website which are provided by a third party.

8. User Comments, Reviews, Feedback & Submissions

You agree that any reviews, comments, feedback, suggestions, ideas, and other submissions regarding the Website or Tack Track disclosed, submitted or offered by you whether on or by this Website or otherwise (the Comments) will not violate these Terms or any rights of any third party, including copyright, trade mark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You warrant that you have the right to submit the Comments.
You further agree that no Comments disclosed, submitted or offered by you to the Website or regarding Tack Track will be, or contain, defamatory or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
Once Comments are disclosed, submitted or offered to Tack Track whether via the Website or otherwise, Tack Track will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you disclose, offer or submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that you will not assert any moral rights in any Comments against Tack Track.
Tack Track is and shall be under no obligation to maintain any Comments in confidence, pay any compensation for any Comments, or respond to any Comments.
Tack Track does not regularly review Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant Tack Track the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you disclose, submit or offer. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Tack Track and its affiliates for all claims resulting from any Comments you submit. Tack Track and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

9. Security

Tack Track does not guarantee the delivery or security of communications over the internet. We do not provide and have no control over communications, networks or services, the internet or other technology required or used across the Website. We do not accept any responsibility for any direct or indirect loss associated with any communications, networks or other technology used to access or use the Website. Any use of this Website or purchase of goods on this Website is at your risk.
Any Users of this Website are prohibited from violating or attempting to violate the security of the Website, including without limitation: (a) accessing data not intended for such User or logging onto a server or an account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (d) sending unsolicited emails, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
Tack Track may investigate occurrences that involve such violations and may involve, and cooperate with, law enforcement authorities in pursuing Users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Tack Track on the Website and other than generally available third party web browsers (e.g. Google, Netscape Navigator, Microsoft Explorer).
You acknowledge and agree that your access to the Website may be monitored and tracked by us, including via your browsers (including cookies).

10. Indemnification

You agree to defend, indemnify and hold Tack Track and its affiliates harmless from and against any and all claims, loss, damage, costs, expenses (including legal fees), arising from or related to your use of the Website or communications with us where such use or communications are not in accordance with these Terms, or any breach of these Terms by you.

11. Applicable law

These Terms are governed by the laws of the state of Victoria, Australia. Any action or proceeding arising out of or related to these Terms or your use of this Website must be brought in the state courts of Victoria and you consent to the exclusive jurisdiction of such courts.
As the Website can be accessed throughout Australia and overseas, we do not represent that the Website or its contents complies with the laws of any country outside Australia or that any offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you access this Website from outside Australia, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Website from any location where doing so would be illegal.

12. Disclaimer and Limitation of liability

You expressly agree that use of the Website is at your sole risk. We make no representations or warranties of any kind, express or implied, as to the operation of the Website, the accuracy or completeness of the content or other information, materials or products on the Website, except as otherwise provided by law. We do not make any warranty as to the results that may be obtained from using the Website, or from use of the information, content or services provided through the Website.
To the maximum extent possible under law, we exclude liability for any demands, loss, damages, loss of data, loss of reputation, loss of revenue, proceedings, fines, penalties or other claims against you relating to your use of the Website, your purchase and use of any products advertised or sold on the Website, your use of services advertised or provided on the Website, or any other matters covered by these Terms or your dealings with us.
To the maximum extent permitted by law, you agree that the sole and exclusive maximum liability to Tack Track arising from any product advertised or sold on the Website shall be the price of the product or service ordered or paid for.
Under no circumstances shall we or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the Website, (ii) the cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) unauthorized access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the Website; (v) products and services advertised and sold on the Website; our negligent or wilful acts, or (vi) any other matter relating to the Website.

13. Our Rights

We may elect to electronically monitor areas of the Website and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect our rights or property or the rights of other Users, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring any content.
We may suspend or terminate your access to all or part of the Website or your membership without notice, for any reason or for any conduct that we, in our sole discretion, believe is in violation of any applicable law or these Terms or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or us.

14. Severability

If any part of these Terms is read down or severed, the remainder of the Terms remain in force.

15. Contact us

If you have any queries in relation to these Terms, please contact us at: info@tacktrack.com.au

Last updated: May 2023