Terms and Conditions
Terms and conditions
Terms of Supply
This page (together with the documents referred to on it) tells you the terms on which we supply any of the products (Products), services (Services), and courses, workshops, lectures and seminars (collectively, Events) listed on this website (my site) to you, whether we conclude the contract for such supply electronically or by telephone. Please read these terms of supply carefully before ordering any Products, Services or Events from me. You should understand that by ordering any of my Products, Services or Events, you agree to be bound by these terms of supply. Please understand that if you refuse to accept these terms of supply, you will not be able to order any Products, Services or Events from me.
1. Information about us
This site is operated by Anne Gage under the brand names CONFIDENT HORSEMANSHIP and THE HORSE RIDING CONFIDENCE COACH (I/me). I am registered in Ontario, Canada with the business name HIGH POINT FARM and have my registered address as 674075 Hurontario St., Mono, ON L9W 5R9
2. Your status
By placing an order with me, you warrant that:
a. you are legally capable of entering into binding contracts; and
b. you are at least 18 years old.
3. Cancellations, Refunds, and Returns
Digital products cannot be returned or refunded. If you have an issue with a product you have purchased, please email anne@confidenthorsemanship.com and I will respond within 48 working hours.
4. Risk and Title in Products
1. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
2. Ownership of the Products cannot be shared or bought as a consortium or group. Purchases are on an individual basis and a login relates to the purchaser only. In the event that I receive evidence of logins being shared or products being purchased on a group basis, with a view to sharing logins all access to all products will be cancelled with immediate effect for the individuals concerned, with NO refund.
5. Price and payment
1. The price of the Events, Products, Services, and delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
2. Prices stated on our site include do not include GST or other taxes.
3. Event prices, Product prices, Service fees, and delivery charges are liable to change at any time, but changes will not affect orders in respect of which I have already sent you an Order Confirmation.
4. It is always possible that, despite my best efforts, some of the Products and/or Events and/or Services listed on my site may be incorrectly priced. I will normally verify prices as part of my Order Confirmation procedures. If the correct price of a Product, Service, or Event is higher than the price stated on my site, I will normally, at my discretion, either contact you for instructions or reject your order and notify you of such rejection.
5. I am under no obligation to provide any Product, Service, or Event to you at the incorrect (lower) price, even after I have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
6. If I agree with you that you may pay for a Product, Service, or Event in instalments, then each instalment must be paid by its due date (as notified by me to you).
7. If you fail to make any payment due to me by the due date for payment then, without limiting my other remedies, I may:
a. charge you interest on the overdue amount at the rate of 4% per annum from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest immediately on demand;
b. charge any reasonable debt collection costs incurred in pursuing the debt, such costs to be payable by you on demand;
c. refuse you entry to any Event or to provide any Service (whether or not your booking on any such Event or Service was a free bonus place for which you did not pay a specific fee);
d. refuse to provide you with any Event or Service materials; and/or
e. refuse to provide you with any Products that you have ordered from me, whether or not you have paid for them.
6. Our refunds policy
1. If you change your mind after purchase, you are not entitled to a refund. We look at all cases on an individual basis – please email anne@confidenthorsemanship.com and I will reply to you within 48 working hours.
2. Digital products do not qualify for refunds and cannot be returned.
3. I may close Facebook groups, remove individuals from Facebook groups and refuse membership to Facebook groups at my discretion and without notice. Facebook groups are free bonuses and do not constitute a paid element of a Product or Service.
7. Intellectual Property
1. All intellectual property rights (including but not limited to copyright) in all Products, Events and Event materials, and Services and Services materials at all times belong to and shall remain vested in me and neither you nor any other person shall obtain any intellectual property rights or any other interest, right or title whatsoever in or to any Product or Service materials or any Event materials or any part thereof save as otherwise expressly granted under these terms of supply.
2. If you purchase an Event for which I provide you Event materials, I hereby grant you a non-transferable, non-exclusive licence to use those materials strictly for the purpose of participating in the relevant Event and for your own educational, noncommercial purposes.
3. You shall ensure that such course materials are only made available to and accessed by you in accordance with clause 10.2 and you must not make available, copy, reproduce, disseminate, retransmit, sub-license, distribute, sell, publish, broadcast or otherwise supply in any medium and in any manner any such materials (or any part of them) to any third party.
8. Warranty
1. I warrant to you that:
a. any Product purchased from me will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied; and
b. I will perform my obligations under the Contract with reasonable care and skill.
2. All other conditions, warranties or other terms which might have effect between you and I or be implied or incorporated, whether by statute, common law or otherwise, are hereby excluded to the fullest extent allowed by applicable law.
9. Data Protection
1. In relation to any personal data provided to me by you or on your behalf, you agree that I may use such personal data to perform my obligations and enforce my rights under any Contract.
2. Furthermore, you agree that any such personal data will be processed in accordance with my Privacy Policy (see below, as amended by us from time to time).
10. Our liability
1. Nothing in these terms of supply excludes or limits our liability for:
a. death or personal injury caused by my negligence;
b. fraud or fraudulent misrepresentation; or
c. any other matter for which it would be unlawful for me to exclude or attempt to exclude our liability.
2. My maximum aggregate liability in respect of any claim arising out of any Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total sum paid for the particular Product, Service, and/or Event giving rise to the claim.
3. I shall have no liability for any failure or delay in the performance of any of our obligations where any such failure or delay is due to any act or omission by you or any third party.
4. You assume sole responsibility for the selection, suitability and use of any Products or Events.
11. Import duty
1. If you order Products from me they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that I have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. I will not be liable for any breach by you of any such laws.
12. Written communications
Applicable laws require that some of the information or communications I send to you should be in writing. You accept that communication with me may be mainly electronic. I will contact you by e-mail or provide you with information by posting notices on my site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that I provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Notices
All notices given by you to me must be given to me at anne@confidenthorsemanship.com. I may give notice to you at either the e-mail or postal address you provide to me when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received by you and properly served on you immediately when posted on my site, 24 hours after an e-mail is sent to you, or three days after the date of posting of any letter to you. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified email address of the addressee.
14. Transfer of rights and obligations
1. The contract between you and me is binding on you and me and on our respective successors and assignees.
2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. In particular, you may not transfer to anyone else your place on an Event or for a Service.
3. I may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of my rights or obligations arising under it, at any time.
15. Events outside my control
1. I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under a Contract that is caused by events outside my reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond my reasonable control and includes in particular (without limitation) the following:
a. strikes, lock-outs or other industrial action;
b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e. impossibility of the use of public or private telecommunications networks; and
f. the acts, decrees, legislation, regulations or restrictions of any government.
3. My performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and I will have an extension of time for performance for the duration of that period.
16. Waiver
1. If I fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of supply, or if I fail to exercise any of the rights or remedies to which I am entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
2. A waiver by me of any default will not constitute a waiver of any subsequent default.
3. No waiver by me of any of these terms of supply will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
17. Severability
If any of these terms of supply or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
1. These terms of supply and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
2. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these terms of supply.
3. Each of us agrees that our only liability in respect of those representations and warranties that are expressly set out in these terms of supply (whether made innocently or negligently) will be for breach of contract.
4. Nothing in this clause limits or excludes any liability for fraud.
19. My right to vary these terms of supply
1. I have the right to revise and amend these terms of supply from time to time.
2. You will be subject to the policies and terms supply in force at the time that you order Products, Services or Events from us.
20. Law and jurisdiction
Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Ontario, Canada law. Any such dispute or claim will be subject to the nonexclusive jurisdiction of the courts of Ontario, Canada.
Privacy Policy
I respect the privacy of visitors to my website (www.confidenthorsemanship.com). This policy is concerned with how I collect information, what I do with it and what controls you have over your personal information.
Click here to read my full Privacy Policy.
This document was last updated November 2023
Copyright 2024 The Horse Riding Confidence Coach - Privacy Policy - Terms and Conditions- Terms of Service