Terms and Conditions (T&C)
Version 2.0 - March 2020
Terms of Use

1. EQUINET is an application (EQUINET App) offered by Mustad Hoofcare SA (Mustad) to facilitate the sharing and exchange of ideas and information by farriers.

2. Mustad will provide the EQUINET App and support, assistance and information for its use, according to these terms and conditions.

3. Mustad does not accept responsibility for the accuracy or completeness of information contained on the EQUINET App, or in any content posted by a user of the EQUINET App. Mustad does not warrant and, to the extent permitted by law, excludes all liability of any kind, however arising, for any errors or inaccuracies on the EQUINET App or in any content posted by a user of the EQUINET App.

4. Other than content posted by a user, or otherwise indicated, Mustad owns or controls the copyright and other intellectual property in the EQUINET App, and may assert its rights without further notice.

5. The responsibility for content posted by you in the EQUINET App and all consequences flowing from such content lies with you. Mustad does not assume any responsibility for the publication of any content, including but not limited to ideas, the expression of ideas, information and advice, that is posted, sent or authored by any user of the EQUINET App.

6. Mustad or its agent may store information or content posted by you in the EQUINET App, but you own any such content posted by you and represent and warrant to Mustad that you have the ownership rights or you have obtained all necessary licences or permissions from relevant parties, to use and post that content. You grant to Mustad a perpetual, irrevocable, non-exclusive, royalty-free licence to reproduce, store, use and communicate content.

7. You will at all times indemnify and keep indemnified Mustad, or its designees and its respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arises out of, in connection with or in respect of any use of the EQUINET App or any breach of these terms of use by you.

8. To the extent permitted by law, Mustad will not be liable to you or any third party (whether in contract, tort or otherwise) for any direct or indirect or consequential loss (including loss of profits) that may arise from your access to or use of the EQUINET App. Mustad is not responsible for the conduct, whether online or offline, of any user of the EQUINET App including any misuse of the EQUINET App by any user. In no event will Mustad be liable to you or any third party for any consequential damages, including lost profits or damages, arising from your reliance on any content or other information or material found on the EQUINET App, or any technical failures, delays in operation or transmission or malfunctions in equipment or software.

9. Mustad may, in its sole discretion, exclude any user from accessing the EQUINET App. You must not use the EQUINET App, or post any content on the EQUINET App:

a) in a manner, or for the purpose of, violating any applicable law or regulations;

b) in a breach of a duty of confidence to a third party or breach the Privacy Act 1988;

c) to infringe any intellectual property rights of others including, but not limited to, patents, trade marks and designs (whether registered or not), copyright, trade secrets and know-how;

d) to post threatening, obscene or offensive material, including anything which is discriminatory or offensive on racial, sexual or other grounds such as a person's disability;

e) to misrepresent or defame others;

f) to commit fraud;

g) to engage in misleading or deceptive conduct;

h) to post unsolicited commercial messages, including by way of links to other sites;

i) to propagate computer worms, viruses or other types of malicious programs that are designed to disrupt, damage, or limit the functioning of any software or hardware;

j) to make transmissions of any type or quantity which adversely affects the operations of Mustad, or jeopardise the use of the EQUINET App, or its performance for other users;

k) to harass or impersonate Mustad, or any other person; or

l) to attempt to do any of the above

10. Mustad may moderate, pre-screen, verify, monitor or edit all content posted by you or other users for any reason and may investigate any suspected violation of these terms of use and take appropriate action including, in its sole discretion, removing content or excluding you from accessing the EQUINET App or disabling your username and password.

11. Linked sites and content are not moderated by Mustad and are not under Mustad's control, responsibility or endorsement. Access to any linked site is at your own risk.

12. You are responsible for making all arrangements necessary for you to have access to the EQUINET App. Mustad gives no warranties or guarantees that the EQUINET App will meet particular levels of availability or functionality. Your choice to download and use the EQUINET App is entirely voluntary. You may choose to terminate your account at any time.

13. To use the EQUINET App, you will need to register an account with a username and password. You will also need to agree to these terms of use. Your password will be encrypted and can only be restored by you at your request.

14. Content and all data stored in the EQUINET App will be saved on an external server.

15. Mustad will monitor the use of the EQUINET App as a service that provides value for its customers. Mustad may collect and store data that is generated through use of the EQUINET App by users, including but not limited to data about your interests, knowledge, device activity, location and usage. You agree that Mustad may collect, store, review and use data obtained through your use of the EQUINET App for product development, and marketing and promotional purposes including to understand the purchasing behaviour, preferences and needs of EQUINET App users and overall trends in the market.

16. You are free to refuse to take part in any follow-up activity at any time. You may also request that your data and details are deleted from Mustad's records by emailing Mustad at privacy@mustad.com.

17. Mustad will collect, use, disclose and handle your personal information for the purposes disclosed in these terms of use and in accordance with its Privacy Policy. By using the EQUINET App in any way, you agree to the terms of the Privacy Policy. Mustad will also treat the personal data you share with it confidentially and ensure that appropriate safeguards and security are in place according to the Data Protection Act 2018.

18. These terms of use are governed by and must be construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and all courts which have jurisdiction to hear appeals from those courts, and waive any right to object to proceedings being brought in those courts.

By registering and using EQUINET, you confirm that you have read and agree with the terms and conditions.

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