These are the Terms and Conditions for services provided by LipiData of GPO Box 1441, Canberra ACT 2601, Australia ("LipiData", "we", "us") on our website located at www.lipidata.org ("Website"), which is owned and operated by us.
Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
LipiData Association Subscription
By purchasing an Association Subscription, you agree to an initial and recurring Monthly Subscription fee at the agreed to Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription.
Subscription entitles the Association and its users to:
- Access the Association user interface and associated features including, but not limited to, printable registration papers and pedigrees
- Create new horses and add them into the LipiData database
- Utilise electronic forms
- A membership portal to facilitate the submission of forms, and payment of fees to the Association through a third-party vendor
- Electronic document storage with 50 GB capacity (additional storage may incur further fees); and
- One (1) advertisement per calendar month in line with this Terms and Conditions.
Subscription entitles the subscriber to use the services subscribed to provided they comply with these Terms and Conditions.
If you subscribe, officers and members of the Association will be provided with login credentials. Each officer and member must keep their credentials confidential and must not permit any other person to use them. If the Association or an individual suspects that someone may have gained unauthorised access to an account, please immediately contact email@example.com.
Information produced by the Association and its members for Association purposes will not be shared with third parties and will be considered confidential. However, information entered into LipiData that would be found in stud books, such as horse name, pedigree, date of birth and breeder, will be considered public domain and will be accessible to the public through LipiData indefinitely.
LipiData Horse Sale, Event and Stallion Advertisements
LipiData publishes advertisements provided by advertisers but gives no warranty and makes no representation as to the truth, accuracy or sufficiency of any advertisement or any description, photograph or statement therein. LipiData accepts no liability for any loss suffered by any person as a consequence of any reliance on any content on this website, including any report, advice, advertisement, photo, video or other material. LipiData reserves the right to refuse any advertisement.
You warrant that you own copyright in any content submitted to us, or that it is information in the public domain, and that it does not infringe any existing copyright or any other rights of any third party and that you have full authority to enter into this Agreement and grant the rights granted to LipiData without resulting in a breach of any obligation you may have.
By submitting a horse for inclusion on LipiData, you understand the information submitted (excluding confidential Association documents as described above) will be considered non-confidential and non-proprietary and may be used on third party websites in the promotion of LipiData. As such you will grant LipiData worldwide, perpetual, irrevocable, royalty-free license to any content you have submitted.
You agree to pay us the purchase price listed on the Website or as agreed with a LipiData representative. We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website or by notifying you directly via email.
You acknowledge and agree that your payment in full in cleared funds is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any services unpaid for unless and until we receive your payment in full.
If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.
We currently accept payments by PayPal and Electronic Funds Transfer (EFT).
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor or credit provider (such as PayPal), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.
LipiData is not an official registry for any breed of animal. Obtaining a pedigree or additional information from the website, or adding a pedigree to the website, does not imply that the animal is "registered". Please contact one of the official registries for the breed of your animal to obtain papers, official pedigrees, ownership information, or other information that might pertain to you and/or the animal.
We deliver services via the Website. LipiData relies upon technical infrastructure provided by Amazon Web Services and we are not able to provide any warranty as to the availability or speed of the Website.
We may give you advice, recommendations, information or assistance in relation to services provided through LipiData, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or veterinary advice. You should seek appropriate professional or veterinary advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.
Advertisers (including agencies) upon and by lodging material with the publisher for publication or authorising or approving the publication of any material either in this issue or at any time in the future HEREBY INDEMNIFY LipiData, its servants and agents against all actions, claims or proceedings of any kind whatsoever arising from the publication of that material and without limiting the generality of the foregoing IDEMNIFY each of them in relation to any breach of copyright, infringement of trademarks or names of publication titles, breach of unfair competition or trade practices legislation, infringement of royalties or violation of rights of privacy or defamation or slander action AND WARRANT that the material complies with all relevant laws and regulations and that publication will not give rise to any rights against or liability of LipiData, its servants or agents and in particular that nothing therein is capable of being misleading or deceptive or otherwise in breach of the Trade Practices Act, the Fair Trading Act or other like legislation. Whilst every effort has been made to ensure the accuracy of the information in this publication, the publisher assumes no responsibility for errors or omissions or for any consequences of reliance on this publication. LipiData prints advertisements provided by advertisers but gives no warranty and makes no representation as to the truth, accuracy or sufficiency of any advertisement or any description, photograph or statement therein. LipiData accepts no liability for any loss suffered by any person as a consequence of reliance on any advertisement or other material contained in LipiData. LipiData reserves the right to refuse any advertisement.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) ("ACL"). If you are an Australian consumer for the purposes of the ACL, you are entitled to a refund for a major failure.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited to a refund, and only if the problem is major and cannot be fixed.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.
If for any reason the ACL doesn’t apply to services we provide you (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.
To make an ACL-related claim, please contact us at firstname.lastname@example.org.
Once your advert is live on www.lipidata.org or associated social media there will be no cancellations or refunds payable.
Subscription fees are non-refundable.
Associations may cancel their Monthly Subscription at any time, subject to the following terms:
- Notify LipiData of your intended cancellation via email (email@example.com) three (3) working days prior to your next scheduled payment.
- There is no fee for cancellation of your subscription provided notice is given three (3) working days prior to your next scheduled payment. Failure to notify before this period will result in an additional months’ subscription fee being charged to you.
- Your subscription will remain active until the end of your monthly subscription period. After this time your account will be closed, any confidential data you uploaded to LipiData will be archived for 90 days before deletion from LipiData’s records.
Horses, pedigrees, breeders, and other public domain information commonly found in stud books and created by you during your subscription will remain indefinitely in LipiData’s database and public-facing user interface.
Information about horses registered with your Association, and documents uploaded by your Association, will be exported in an electronic format of LipiData’s choosing and provided to you within 90 days of cancellation.
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.
If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in the Australian Capital Territory (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.
Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).
We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.
If any part of these conditions is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods or services. In such a case, Association subscribers will receive an export of their data.
As we are based in the Australian Capital Territory, these terms will be governed by the laws of the Australian Capital Territory. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of the Australian Capital Territory and courts of appeal from them.
This document was last updated: 13 August 2021