Nayera Farm
Effective Date: 15/10/2023

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Welcome to www.nayerafarm.com.au (Site).

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This Site is owned and operated by Nayera Farm (ABN 84 460 848 584) trading as Nayera Farm (referred to in these terms as “Nayera Farm”, “we”, “us”, and “our”).

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Please take the time to read these Website Terms and Conditions (Terms) which apply to your use of this Site, the content made available to you via the Site, and our related social media channels.

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These Terms, together with our Privacy Policy, apply to all site visitors and users (“user”, “you” and “your”).

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1. CONSENT TO SITE TERMS

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By accessing or using this Site (including any information, forms, or materials made available through it), you agree to be bound by these Terms.

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If you do not agree to these Terms, you must not use this Site.

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2. NO MINORS

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By using this Site, you warrant that you:

• are over 18 years of age and have legal capacity to enter into a legally binding contract;

• have read and accepted these Terms; and

• will comply with these Terms.

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3. CHANGES TO THESE TERMS

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We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you.

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Changes will be effective from the date we publish the revised Terms on this Site. It is your responsibility to review these Terms periodically.

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Your continued use of this Site is deemed acceptance of any modifications.

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4. SERVICES AND INFORMATION ON THIS SITE

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Nayera Farm provides information and accepts enquiries relating to services including (but not limited to):

• horse training programs

• coaching sessions

• show grooming and competition support (where available)

• limited agistment (where available)

• facility hire (where available)

• horse camping stays and event stays (where available)

• farmhouse stay accommodation (coming soon)

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All services are subject to suitability, availability, scheduling, and confirmation by Nayera Farm.

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Information on this Site is provided for general informational purposes only and may change over time.

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5. ENQUIRIES, BOOKINGS AND CONFIRMATIONS

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Submitting an enquiry through this Site does not guarantee availability or confirm a booking.

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All services, scheduling, and participation are confirmed at the discretion of Nayera Farm and may be subject to additional terms, agreements, or requirements including payment, policies, and completion of relevant forms.

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6. INTELLECTUAL PROPERTY

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Our Site and all content on it contains intellectual property owned by us, and/or by third parties that license content to us (“Third Party Licensed Intellectual Property”), including without limitation: trade marks, copyrights, designs, text, images, logos, videos, and other materials (“Content”).

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Your use of and access to this Site does not grant or transfer to you any rights, title or interest in relation to the Site or the Content.

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You may not copy, reproduce, modify, publish, transmit, distribute, display, create derivative works from, or otherwise exploit any part of this Site or Content without our prior written consent.

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We reserve the right to restrict or remove access to the Site where misuse occurs.

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7. LINKS TO OTHER WEBSITES

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Our Site and social media channels may include links to third-party websites. Unless we expressly state otherwise, we do not endorse, control, or approve those third-party websites and are not responsible for their content.

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You access third-party websites at your own risk.

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8. PRIVACY

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These Terms incorporate our Privacy Policy which explains how we collect, use and store personal information.

By using this Site, you consent to the processing described in our Privacy Policy and warrant that all information you provide is accurate.

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9. ELECTRONIC COMMUNICATIONS

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You acknowledge and agree that communications, confirmations, and information provided via electronic means (including website forms, email, and messaging platforms) may be used to communicate with you in relation to enquiries and services.

 

 

10. USER CONTENT, FEEDBACK AND SOCIAL MEDIA

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We welcome interaction on our social media channels and feedback about our Site and services.

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Where you submit feedback, comments, reviews, messages, or content, you represent and warrant that:

• you are the author and owner of that content (or have permission to share it);

• the content does not violate the rights of others;

• the content does not include unlawful, abusive, defamatory, or inappropriate material; and

• you are at least 18 years old.

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We reserve the right to remove any content or comments at our discretion.

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11. TESTIMONIALS

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Testimonials and examples shared on our Site or social media are real experiences provided for illustration purposes only.

Results vary depending on the horse, rider, circumstances, and commitment. Testimonials do not guarantee that any particular outcome will be achieved.

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12. PROHIBITED USE

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You must not use this Site or its content:

• for any unlawful purpose;

• to solicit others to perform unlawful acts;

• to interfere with, hack, disrupt, or compromise this Site;

• to violate the intellectual property rights of Nayera Farm or any third party;

• to send unsolicited advertising or spam; or

• to attempt to affect the performance or functionality of this Site.

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13. WARRANTIES AND DISCLAIMERS

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This Site is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no representations or warranties about the Site or its Content, including that:

• the Site will be uninterrupted, secure, or error-free;

• content is complete, current, or fit for a particular purpose; or

• access will be free of harmful components such as viruses.

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14. LIMITATION OF LIABILITY

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To the fullest extent permitted by law, we are not responsible for any losses or damages (direct or indirect) arising from your use of this Site or reliance on information contained on this Site.

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Our liability for any breach of a condition or warranty under these Terms is limited to the extent required under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

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15. YOUR RESPONSIBILITY FOR HORSE-RELATED RISKS

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Horse-related activities involve inherent risks, including the risk of injury, property damage, or loss.

Where you attend Nayera Farm, participate in riding or horse handling, attend events, use facilities, or otherwise engage in activities on the property, you may be required to complete additional documentation including a Risk Warning, Waiver and Indemnity.

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You acknowledge that participation in any horse-related activity is undertaken at your own risk.

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16. OUR RIGHT TO BE INDEMNIFIED BY YOU

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To the fullest extent permitted by law, you agree to indemnify and hold harmless Nayera Farm and its related entities, officers, employees and agents from any loss, liability, claim or demand (including reasonable legal fees) arising out of:

• your use of this Site in breach of these Terms;

• your breach of any law or the rights of a third party; or

• your conduct in connection with this Site.

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17. BREACH AND TERMINATION

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We may restrict or terminate your access to this Site at any time, without notice, where you breach these Terms or where your conduct impacts our operations or reputation.

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18. SEVERABILITY

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If any provision of these Terms is found to be unlawful or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

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19. CEASING OUR WEBSITE

We may discontinue this Site at any time, with or without notice. We are not responsible for any liability you may suffer arising from discontinuance of the Site.

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20. ASSIGNMENT

We may assign, transfer or subcontract our rights and obligations under these Terms without notice. You may not assign, transfer or subcontract your rights or obligations under these Terms.

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21. ENTIRE AGREEMENT

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These Terms (together with our Privacy Policy and any other notices or disclaimers on the Site) constitute the entire agreement between you and us in relation to your use of this Site.

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22. GOVERNING LAW AND JURISDICTION

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These Terms are governed by the laws of Victoria, Australia.

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In the event of any dispute, you agree to contact us first so we can attempt to resolve the matter in good faith. If a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.