Website and App Terms of Use
Equus Empeiria Pty Ltd (ACN 685 978 054) (we, us) owns and operates the website www.nadinelindblom.com (Website) and the mobile application "The Liberty Herd by Nadine" (App). Access to and use of the Website and the App, and the products and services available through them (collectively, Services), is subject to these terms (Terms of Use). By using the Website or the App, you agree to these Terms of Use.
If you join one of our paid memberships (the Essence of Liberty Online Academy or The Liberty Herd), our Membership Terms and Conditions also apply. You can read them here: Membership Terms and Conditions.
1. Disclaimer
(a) The information provided on the Website and the App is for general information and educational purposes only. It does not constitute veterinary advice, professional horse training advice or any other type of professional advice. By accessing or using the Website or the App, you acknowledge that no veterinary, training or professional relationship is created between you and us.
(b) You are solely responsible for assessing the suitability of any information for your circumstances and for ensuring your own safety, the safety of your horse and the safety of others. You should seek advice from a qualified veterinarian, professional horse trainer or other relevant professional if you require assistance or guidance specific to your situation.
2. Accounts
(a) You can use the App by creating a free account with your name, email address and a password. A free account gives you access to our free content, such as our podcast, blog, videos, free resources and information about our memberships.
(b) Our paid memberships can only be purchased through the Website. Once you have joined a membership, you can log in to the App with the same account to access your membership content.
(c) You must provide accurate information when creating an account. Your account is personal to you and you must not share your login details with anyone else. You are responsible for keeping your password secure and for all activity on your account. Please let us know straight away if you think someone else has accessed your account.
(d) You can delete your account at any time through the App or by emailing us at [email protected]. If you have a paid membership, please cancel it before deleting your account.
(e) We may suspend or close your account if you breach these Terms of Use. If you have a paid membership, the Membership Terms and Conditions set out what happens to it.
3. Intellectual property
(a) The intellectual property rights in all software and content (including text, videos, podcasts, photographs and images) made available to you on or through the Website or the App remain our property or the property of our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors.
(b) You may view and print the content supplied on the Website or the App solely for your own personal use.
(c) You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website or the App, nor may you use any such content in connection with any business or commercial enterprise.
4. The App
(a) We grant you a limited, non-exclusive, non-transferable, revocable licence to download, install and use the App on a device that you own or control, for your own personal, non-commercial use, in accordance with these Terms of Use and the terms of the app store you downloaded it from.
(b) You must not copy, modify, reverse engineer, decompile or attempt to extract the source code of the App, or rent, sell, sublicense or distribute the App.
(c) We may release updates to the App from time to time. Some updates may be required to keep using the App. The App may not work on all devices or operating systems.
(d) You are responsible for any internet or mobile data charges you incur in using the App.
(e) The App may send you push notifications, for example about new content or community activity. You can turn these off at any time in your device settings.
(f) The App is hosted on a platform provided by a third party (Kajabi). Your use of the App may also be subject to that provider's terms.
5. Website and App availability
(a) Access to the Website and the App is permitted on a temporary basis and we reserve the right to withdraw or amend the Website, the App or any content without notice. We will not be liable if for any reason the Website or the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website or the App.
(b) By using the Website or the App, you represent and warrant to us that you are 18 years of age or older.
6. Linked sites and third-party content
(a) The Website and the App may contain links to, or display content from, other websites and services that are not operated by us, such as YouTube and podcast platforms (Linked Sites). We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service of each such site.
7. Linking to the Website
(a) You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
(b) You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
8. Prohibitions
(a) You must not misuse the Website or the App. You will not:
(i) commit or encourage a criminal offence;
(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iii) hack into any aspect of the Services, corrupt data, scrape content or cause annoyance to other users;
(iv) infringe the proprietary rights of any other person;
(v) send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
(vi) attempt to affect the performance or functionality of any computer facilities of or accessed through the Website or the App.
(b) Breaching this clause could constitute a criminal offence and we may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
(c) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device, computer programs, data or other proprietary material due to your use of the Website or the App or to your downloading of any material posted on it, or on any Linked Sites.
9. Liability and indemnity
(a) Nothing in these Terms of Use excludes or limits your rights under the Australian Consumer Law or any other law that cannot be excluded.
(b) The material displayed on the Website and the App is provided for general information and educational purposes only. We make no representations or warranties about its accuracy, completeness or suitability.
(c) To the fullest extent permitted by law, we exclude all liability for any loss, damage, cost or expense (Loss) (including indirect or consequential loss) that you may incur in connection with your use of the Website, the App or any Linked Sites, except where we have failed to comply with a non-excludable guarantee under the Australian Consumer Law.
(d) You indemnify us against any Loss (including reasonable legal costs) suffered or incurred by us arising directly or indirectly from or in connection with your breach of these Terms of Use, your misuse of the Website or the App, or your negligent acts or omissions. Except to the extent that we caused the Loss, you indemnify us for any Loss arising from a claim by a third party that results from your breach of these Terms of Use, your misuse of the Website or the App, or your negligent acts or omissions.
10. Privacy policy
(a) Our Privacy Policy governs how we collect and handle your data. By using the Website or the App, you also consent to our Privacy Policy. You can read our Privacy Policy here: Privacy Policy.
11. General
(a) We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon publication on the Website. Your continued use of the Website or the App following publication will represent an agreement by you to be bound by the Terms of Use as amended. If you have a paid membership, changes to your membership are dealt with under the Membership Terms and Conditions.
(b) We have the right in our absolute discretion at any time and without notice to amend, remove or vary the free Services or any page of the Website or the App.
(c) These Terms of Use are intended to be as broad and inclusive as permitted by law. Any provision which is found to be wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable, and does not affect the validity or enforceability of the remainder of these Terms of Use.
(d) These Terms of Use are governed by the law of the State of Victoria, Australia, and you submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
12. Contact and complaints
(a) Please contact us in the first instance if you have any questions, complaints or concerns: [email protected]