TERMS & CONDITIONS OF USE AND SALE
These terms apply when you use our site. By using this site in any manner, you agree and accept the Terms.
Demo Saddle Clearance: All sales are final (NO RETURNS), While stocks last. Saddle prices as marked. No further discounts apply. Cannot be combined with any other discounts. Floor Stock Only, No special orders.
Spend $50 get $20 Off Discount Vouchers
One time use per customer only. non-transferrable. Can only be redeemed on full priced items. Cannot be redeemed on Gift Cards, Feed, Vet, Hoofcare and Saddle categories.
General Terms
1. User Agreement
a. By using the EQ Saddlery website, mobile site and our social media pages (“Website”) you accept these terms and conditions (“Agreement”) and our Privacy Policy. This Agreement is between you and EQ Saddlery Pty Ltd (referred to in this Agreement as “we”, “us” or “our”). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
2. Disclaimer and Liability
a. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
i. errors, mistakes or inaccuracies on the Website or our social media pages;
ii. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
iii. personal injury or property damage of any nature resulting from your access to or use of the Website;
iv. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
v. any interruption or cessation of transmission to or from the Website;
vi. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
vii. the quality of any product or service of any linked sites.
b. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party Sellers of goods and services.
c. Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
d. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
3. Indemnity
a. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
4. Placing Orders
a. You are responsible for any discrepancies or errors in your order caused by you.
b. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
c. Orders placed by you are offers to purchase either:
i. a voucher for particular goods and/or services under the terms and conditions in this Agreement at the price specified (including delivery and other charges); or
ii. goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
d. Goods sold by EQ Saddlery are not reserved in-cart, and an order is only finalised when you have completed checkout process and received an order confirmation from us and payment is received in full.
e. We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
f. Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will be refunded in full.
g. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. If you change your mind, you can return your goods provided you meet the requirements set out in our Change of Mind Returns policy in this Agreement.
h. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
i. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.
5. Price, Payment and Use of Discount/Coupon Codes (Generally)
a. The prices of goods, delivery and other charges shown are in Australian dollars.
b. All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
c. A discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts.
6. Store Credits
a. Store credits are redeemable in-store only.
b. If you have an account with us, any unused portion of your Store Credit shall be credited to your account.
c. To the extent permitted by law, we reserve the right to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice, including by notice on the our Website.
d. Store credits expire after 30 Days from the date of issue. Unless otherwise stated in any promotional materials or elsewhere by us, store credits issued for promotional purposes, or otherwise at our discretion (including for goodwill purposes) will expire after 30 Days.
e. Store credits cannot be redeemed for cash but may be redeemed for the purchase of gift cards. Where a minimum spend applies to any promotional event on the website, store credits do not count towards the minimum spend totals.
7. Shipping and Delivery
a. Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
b. We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express post).
c. Standard and express post are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges. All shipping charges will be made available to you at checkout.
d. Express shipping is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.
e. For goods sold by EQ Saddlery, some orders may not require signature and will be left in a safe place at your delivery address in accordance with Australia Post’s standard practices.
f. A signature may be required for some deliveries. You are responsible for ensuring you are able to accept delivery. We will be responsible:
i. for late delivery where attempted delivery has occurred on or before the stated delivery time-frames;
ii. for lost or missing parcels that have been signed for at your selected delivery address (regardless of whether or not you have personally accepted delivery);
iii. for lost or missing parcels left at your chosen location where you have expressly given authority to leave with the item’s carrier.
h. We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
8. Packaging and Labelling
a. We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
b. We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.
c. Because some goods are imported or originate from outside of Australia, their packaging, ingredients, composition and quality may vary from the same or similar product available in Australia and made directly for the Australian market.
9. Change of Mind Returns
a. EQ Saddlery will allow a return for store credit or exchange product where you have changed your mind, provided that the item in question is:
i. returned within 14 days of receiving order;
ii. as new and is not used, worn, or opened and has all original packaging and tags in-tact (including any package seals (if any) being unbroken);
iii. in a resalable condition; and
iv. not damaged in any way.
b. We cannot accept change of mind returns on items that come in sealed packages or boxes where seals are damaged or broken.
c. To return your item for change or mind, you must follow our returns process.
d. You will be responsible for the cost and risk of returning goods, including the cost of return shipping. If the item is not received by us you will not be eligible for a credit or exchange. We recommend you insure high value items that you return for change of mind.
e. You may be provided with a product exchange, refund or store credit (at our discretion) only when the returned product is received.
f. If the returned item does not meet the conditions of this policy, you will be responsible for the cost of receiving your returned goods back to your nominated address
g. Change of mind returns are not accepted for intimates, which includes underwear and socks due to hygienic reasons and Special Order products that we do not normally stock. Remedies for defective goods are still available.
h. The following goods are excluded under this policy;
-
Pharmaceutical/Veterinary/Health products
-
Perishable Goods & Food items
-
Underwear & socks
-
Gift cards
-
Personalized/Made to order Goods and Special orders of products that we do not normally stock
-
Large/Bulky Items
10. Problems with your goods – contacting us
a. If you have a problem with your goods purchased from EQ Saddlery, please contact us. We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods.
b. If your goods still have a valid manufacturer warranty, we recommend you first contact the manufacturer in relation to any fault or defect, however, you may still contact us.
c. Once an item is returned we will either inspect your goods and investigate any claimed defect or in some cases, send the goods to third parties for assessment and/or repair. Where applicable we provide a remedy in relation to your goods.
d. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer’s instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
e. Refunds will be issued using the payment method used for purchase. If you have an account with us, store credits will be issued to the account used to purchase the goods.
f. We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
g. In the case of goods and/or services redeemable through a third party provider, the refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.
h. If we cannot contact you about your order using the contact details you provided in the order, then after having made reasonable attempts to contact you, your order will be cancelled and you will be refunded any money paid.
11. Defective Goods
a. All goods sold on our Website come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
b. Any product warranty given by us will apply in addition to other rights and remedies you may have under the Australian Consumer Law.
c. Goods that you purchase from our site may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by us, and rights you may have in relation to those warranties are separate to any warranty rights given to you by us. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.
12. Intellectual Property
a. All content, graphics, user and visual interfaces, photographs, trade marks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to us, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
b. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
c. You may not:
i. modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or
ii. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
d. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
13. Transfer and Assignment
a. You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party.
b. We shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party.
c. We shall be entitled to assign the benefit of any agreements we have with you to the third party.
14. General
a. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
b. This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
c. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
d. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
15. Privacy and Personal information
a. If you provide us with any personal information our
Privacy Policy will govern how we will use or disclose that information. Please review and understand our
Privacy Policy.
EQ Community Terms and Conditions
Introduction
1.
EQ Community is our club and event donation program. It aims to provide support to groups, organisations and causes that serve local equestrians where each EQ Saddlery store is located.
Definitions
2.
In these Terms and Conditions:
(a) “Applicant” means a Local Equestrian Group or an individual representative acting on behalf of a Local Equestrian Group that applies to participate in EQ Community;
(b) “EQ Saddlery” means EQ Saddlery Pty Ltd (ABN 28 628 714 634) and its related bodies corporate;
(c) “EQ Saddlery store” means any store in the EQ Saddlery business that participates in EQ Community;
(d) “Local Area” means the local area surrounding a EQ Saddlery store, within an approximate 50 km radius;
(e) “Local Equestrian Group” means:
(i) a group of people sharing a common goal;
(ii) a charity; or
(iii) a not-for-profit organisation;
(f) “Local Equestrian Project” means a charitable or benevolent project serving a Local Area, even if the project also serves a wider area;
(g) “EQ Community” means this EQ Community Program.
Eligibility
3.
Registration is only open to Local Equestrian Groups that legitimately conduct one or more Local Equestrian Projects within, or that serve, a Local Area.
4.
Local teams or individual participants for large scale charity fundraising events are NOT considered “Local Equestrian Groups” and therefore are NOT eligible to register.
5.
Companies, businesses and groups that are intended to generate a profit are NOT eligible to register.
6.
EQ Community does not support individuals and their personal projects.
Registration
7.
To register to participate in EQ Community, eligible Local Equestrian Groups must either visit www.eqsaddlery.com.au and follow the prompts to fully complete the online application form.
8.
Application forms must include all required details, including:
(a) the name and contact details of the individual completing the application on behalf of the Local Equestrian Group;
(b) the EQ Saddlery store nearest to the Applicant’s home and workplace;
(c) the name of the Local Equestrian Group;
(d) the size of the Local Equestrian Group (i.e., number of members and horses);
(e) the Local Equestrian Group’s address, website address and/or Facebook/Instagram profile address;
(f) whether the application relates to the Local Equestrian Group as a whole or to a specific Local Equestrian Project conducted by the Local Equestrian Group;
(g) a blurb of approximately fifty (50) words describing the Local Equestrian Group or the specific Local Equestrian Project (as applicable) (“Blurb”);
(h) the date their application expires, i.e., the date after which they would no longer wish to participate in EQ Community (if applicable);
(i) details of who vouchers from EQ Community should be issued to (Local Equestrian Group must consent to having a store account created in their name in order to transact voucher funds);
(j) the nearest EQ Saddlery store to the Local Area served by the Local Equestrian Group where the Applicant wishes to participate.
9.
Incomplete, indecipherable or illegible applications will be deemed invalid.
Limitations
10.
Subject to clause 11 and 12, each Local Equestrian Group:
(a) may not submit more than one application at a time and therefore must wait for an existing application to be rejected or expire before applying again;
(b) may only participate in EQ Community once in any twelve (12) month period;
(c) may not apply separately at different EQ Saddlery stores within the same twelve (12) month period.
11.
In the case of Local Equestrian Groups that conduct multiple Local Equestrian Projects, EQ Saddlery may allow the same Local Equestrian Group to participate multiple times within the same twelve (12) month period (i.e., once for the Local Equestrian Group and once for each separate Local Equestrian Project). This will be determined by EQ Saddlery in its absolute discretion on a case-by-case basis.
12.
For the avoidance of doubt, for the purposes of clauses 11–12, a “twelve (12) month period” refers to the time since the Local Equestrian Group or Local Equestrian Project (as the case may be) last participated in EQ Community. This does not refer to a calendar year from January to December each year.
Exclusions
13.
Store credit may not be redeemed on items in the following categories: (a) Saddles (b) Feed or Supplements (c) Hoofcare (d) Veterinary (e) Sale items
Review
14.
EQ Saddlery will review each application for eligibility and compliance with these Terms and Conditions. EQ Saddlery will then choose from the eligible Applicants to be selected to participate in the EQ Community program, in EQ Saddlery’s absolute discretion.
15.
Applications will initially be reviewed by the EQ Saddlery Support Office and provisionally approved applications will then be forwarded to the relevant EQ Saddlery store for final approval and selection.
16.
EQ Saddlery may contact Applicants for additional information or clarification when reviewing applications. If EQ Saddlery is unable to contact an Applicant, the application may be rejected.
17.
EQ Saddlery may, in its absolute discretion, determine that:
(a) the relevant EQ Saddlery store for the Local Area served by the Local Equestrian Group or Local Equestrian Project (as the case may be) is different from the EQ Saddlery store nominated on the application form, in which case the application will be re-assigned to the appropriate EQ Saddlery store; or
(b) the Local Equestrian Group or Local Equestrian Project (as the case may be) does not serve the Local Area of any EQ Saddlery store, in which case the application will be rejected.
18.
Approval and participation in EQ Community is based on eligibility and compliance in accordance with these Terms and Conditions as determined by EQ Saddlery in its absolute discretion.
19.
EQ Saddlery will notify Applicants via email to the individual nominated on the application form whether their application has been successful or not.
20.
If an Applicant believes that their application has been unfairly assessed, they may submit an enquiry to eqcommunity@eqsaddlery.com.au and ask for their application to be re-assessed. Once this has occurred, the decision by EQ Saddlery Support Office is final and no further correspondence will be entered into.
21.
Approval of an application does not guarantee participation in EQ Community in any particular EQ Saddlery store in any particular month, which will be determined by EQ Saddlery in its absolute discretion. Due to the volume of applications received, EQ Saddlery will select Local Equestrian Groups and Local Equestrian Projects that it considers best suited to the EQ Community program from amongst the approved applications to participate in EQ Community.
22.
Approved applications will be placed in a pool for selection by the relevant EQ Saddlery store for a forthcoming month and may not necessary be selected in the same order in which applications are received or approved. If the application included an expiry date and the application is not selected before the expiry date, it will be removed from the selection pool and the Applicant may choose to apply again in the future if they wish.
Participation
23.
Each quarter, each EQ Saddlery store will select three (3) approved Local Equestrian Groups to participate in EQ Community. Each Local Equestrian Group will be notified by email.
24.
Each EQ Saddlery store will have three (3) Perspex boxes on display, each representing one of the selected Local Equestrian Groups (or their nominated Local Equestrian Project). Each box will have a label identifying the Local Equestrian Group or Local Equestrian Project (as the case may be) and a “Blurb” based on the information provided in the successful application. EQ Saddlery reserves the right to edit the details and Blurb for the label.
25.
When a customer makes a purchase from a EQ Saddlery store, they are given a token and invited to place the token in one of the boxes on display to support the Local Equestrian Group or Local Equestrian Project of their choice.
26.
At the end of each quarter, each EQ Saddlery store will count the tokens in each jar. Based on this, a total of $1000 in EQ Saddlery store credit donated by each EQ Saddlery store each month will be distributed as follows:
(a) The Local Equestrian Group represented by the box in each EQ Saddlery store that has the most tokens will be awarded 1st place and receive a $500 voucher, and the remaining two Local Equestrian Groups that place 2nd and 3rd will each be given a $250 voucher;
27.
Each participating Local Equestrian Group will be notified of the outcome by email after the tokens have been counted at the end of the month.
Donations
28.
Donations will be made in the form of a store credit loaded onto a store account for the Local Equestrian Group based on the details set out in the application form.
29.
Store credits will be loaded into the system of the relevant EQ Saddlery store up to three (3) weeks after the end of the calendar month they participated in. It is the responsibility of each Local Equestrian Group to use the store credit voucher within 30 days from the date they were notified the credit had been applied.
30.
Unclaimed store credit will expire one (1) month from the date of issue.
31.
EQ Saddlery will not issue vouchers/store credit to individuals. If a Local Equestrian Group requests that the donation be paid by another method, EQ Saddlery will consider the request in its absolute discretion on a case-by-case basis.
Communications
32.
Applicants agree that the individual nominated on the application form will be sent email communications on behalf of the Applicant regarding the progress of their application, participation in the EQ Community program and collection of the store credit products. That individual also agrees to be the primary point of contact for the Applicant and may be contacted by EQ Saddlery via the email address or phone number provided.
Privacy
33.
All applications become the property of EQ Saddlery. EQ Saddlery collects personal information in order to conduct EQ Community and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, suppliers and regulatory authorities. Participation is conditional on providing this information.
34.
All information collected regarding Applicant will be stored on EQ Saddlery’s cloud-based servers.
35.
Unless you opt out on the application form, EQ Saddlery may use the information provided for an indefinite period for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Applicant.
36.
Personal information will be handled in accordance with the EQ Saddlery privacy policy available at https://eqsaddlery.com.au/privacy-policy/
General
37.
Information on how to participate in EQ Community and the rewards available form part of these Terms and Conditions. Participation in or registration for EQ Community is deemed acceptance of these Terms and Conditions.
38.
EQ Saddlery reserves the right, at any time, to verify the validity of applications and Applicants (including an Applicant’s identity and eligibility) and to disqualify any Applicant who submits an application that is not in accordance with these Terms and Conditions or who interferes with the application or review processes. Errors and omissions may be accepted at EQ Saddlery’s discretion. Failure by EQ Saddlery to enforce any of its rights at any stage does not constitute a waiver of those rights.
39.
If there is a dispute as to the identity of an Applicant, EQ Saddlery reserves the right, in its sole discretion, to determine the identity of the Applicant.
40.
Applicant license and grant EQ Saddlery, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display the name of the Local Equestrian Group, the name of the Local Equestrian Projects (if applicable) and the “Blurb” (collectively, “Content”) for any purpose in any media, without compensation, restriction on use, attribution or liability. The Applicant licenses EQ Saddlery to use the Content in any media for an unlimited period for any reason including but not limited to in conjunction with EQ Community and for future promotional, marketing or publicity purposes. The Applicant consents to any use of the Content which might otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth). EQ Saddlery may edit, remove or refuse to publish any Content without notice for any reason whatsoever. Applicants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights. Applicants warrant and agree that:
(a) the Content is an original literary work of the Applicant that does not infringe the rights of any third party;
(b) they will not submit any Content that is unlawful, fraudulent, inappropriate, objectionable or unacceptable;
(c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
(d) they are fully responsible for the Content they submit in their application;
(e) if the application is submitted online, the Content will not contain viruses or cause injury or harm to any person or entity;
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
41.
Without limiting any other terms herein, the Applicant agrees to indemnify EQ Saddlery from and against all costs and claims by third parties arising from a breach of this warranty.
42.
The Applicant consents to EQ Saddlery using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting EQ Community (including any outcome) and promoting EQ Saddlery products.
43.
The use of any means to disrupt or interfere with the integrity of the voting system is strictly prohibited and may result in any Local Equestrian Group that EQ Saddlery reasonably believes is involved to be disqualified from further participation or receiving any donation.
44.
Any cost associated with accessing the website is the Applicant’s responsibility and is dependent on the Internet service provider used.
45.
Liability for any tax arising out of participation in EQ Community is the sole responsibility of the Applicant. Applicants should seek independent financial advice in this regard.
46.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the states and territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, EQ Saddlery (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
47.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, EQ Saddlery (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
(a) any technical difficulties or equipment malfunction (whether or not under EQ Saddlery’s control);
(b) any theft, unauthorised access or third party interference;
(c) any application or claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by EQ Saddlery) due to any reason beyond the reasonable control of EQ Saddlery;
(d) any tax liability incurred by a participant.
48.
EQ Saddlery reserves the right, in its absolute discretion, to modify, suspend, terminate or cancel the EQ Community program.
49.
EQ Saddlery’s decisions in relation to all aspects of EQ Community are final and no correspondence will be entered into.
Mobile Terms of Service
EQ Saddlery
Last updated: June 3, 2025
The EQ Saddlery mobile message service (the "Service") is operated by EQ Saddlery (“EQ Saddlery”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to EQ Saddlery’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of EQ Saddlery through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with EQ Saddlery. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to EQ Saddlery or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other EQ Saddlery mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to EQ Saddlery or email marketing@eqsaddlery.com.au
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.