Terms of use.
Emily Purvis (Pure Equine) (Website Owner) owns and operates this website www.pureequine.com.au (Website). Access to and use of this Website, and the products and services available through this website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
Amendments to Terms of Use
Website Owner reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Website
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
By using this Website you represent and warrant to the Website Owner that you are over the age of 18 years.
By using this Website, you will not automatically become our client. No solicitor-client relationship is formed by your use of this Website, receipt of any emails with general information, or through booking a consultation with us. If you book a consultation and after discussing your matter we agree to act for you, we will send you an engagement letter and be able to provide you with legal advice.
PURE Equine online store
The PURE Equine online store is powered by Squarespace and third party payment processing provider, Stripe Australia. PURE Equine does not have access to your credit card details. Stripe encrypts your card data and securely stores it.
When you purchase a contract through the PURE Equine online store, you will be sent a download link. The link expires 24 hours after purchase.
PURE Equine contracts are protected by copyright law. Website Owner owns the copyright of all PURE Equine Basic, Plus and Premium Agreements. By purchasing and downloading a PURE Equine contract from the online store, you are granted a non-exclusive, non-transferable, limited licence to access and use the contract for your own personal use. You can use the contract for one horse only, in Australia. You are not permitted to copy the contract or any part of it, enable someone else to copy the contract or any part of it, re-use it for another purpose, alter or add to it. If you infringe PURE Equine’s copyright, you may be sued and taken to court. You may also be charged with a criminal offence by the police and fined up to $122,100. PURE Equine in its sole discretion may refuse to provide products or services to you at any time.
By purchasing and downloading contracts via the PURE Equine online store, you will not become PURE Equine’s client. No solicitor-client relationship is formed by purchasing and downloading contracts. Contracts are templates and do not constitute legal advice. If you require legal advice, please contact PURE Equine and request a “Premium Agreement'“.
Linked sites
This Website may contain links to other websites (Linked Sites), which are not operated by Website Owner. Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.
Privacy policy
Our privacy policy, which sets out how we will use your information, can be found below. By using this Website, you consent to the privacy policy and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not:
commit or encourage a criminal offense;
transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
hack into any aspect of the Service; corrupt data; cause annoyance to other users;
infringe upon the rights of any other person's proprietary rights;
send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offense and Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
Intellectual property, software and content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Website Owner or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Website Owner and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Contracts and letters purchased through PURE Equine are protected by copyright law. You are not permitted to copy the contract or any part of it, enable someone else to copy the contract or any part of it, re-use it for another purpose, alter or add to it. Contracts and letters must only be used for the purpose that they are purchased for (either single use or multiple use, as agreed with PURE Equine and as set out in the engagement letter).
Disclaimer of liability
Our Website does not give legal advice. This material is produced by the Website Owner. Any information on this Website is general and does not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought in particular matters.
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
To the fullest extent permitted by law Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, loss suffered by a customer from fraudulent or unauthorized use of a credit card by a third party, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect Website Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Website Owner and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Website Owner.
Indemnity
You agree to indemnify, defend and hold harmless Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.
Variation
Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Privacy policy.
This Privacy Policy applies to all personal information collected by PURE Equine/Emily Purvis via the website located at www.pureequine.com.au (Website).
What is "personal information"?
The Privacy Act 1988 (Cth) currently defines "personal information" as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:
whether the information or opinion is true or not; and
whether the information or opinion is recorded in a material form or not.
If information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as "personal information" and will not be subject to this privacy policy.
What information do we collect?
Our Website is hosted by Squarespace. You can access the Squarespace Privacy Policy here.
The amount and type of information we collect from you when you use our Website will depend on your use of the services and facilities available online. The only personal information which we collect about you when you use our Website is what you tell us about yourself, such as completing an online form, booking a consultation online, sending us an email, or though providing your personal information to us through contacting us on social media (such as Facebook or Instagram).
When you contact PURE Equine through this website or purchase a contract via the PURE Equine online store, we collect personal information from you. We may collect information like your:
name, email address and phone number;
the names of other parties involved in your matter, so that we can run conflict checks;
files you upload; and
other personal information that you share with us.
We share this information with Squarespace, our website service provider, so that they can provide online services to us.
How we collect your personal information
We may collect personal information from you whenever you input such information into the website.
We may also collect personal information from you directly during a consultation or during the course of providing legal services to you.
This Website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app. Functional and required cookies allow Squarespace, our hosting platform, to securely serve this Website to you. For more information about viewing the cookies dropped on your device, visit The Cookies Sparespace Uses.
Purpose of collection
The purpose for which we collect, hold, use and disclose personal information is:
to provide you with the best service experience possible on the Website;
to provide the services you have requested;
to monitor copyright and intellectual property compliance;
to carry out our functions as professional legal service providers.
We customarily disclose personal information only to our service providers and suppliers who assist us in providing legal services, payment processing and operating the Website.
We use third party service providers to provide services such as web hosting, payment processing, cloud data storage and professional service providers. Our key third party providers are Squarespace (www.squarespace.com) and Stripe (www.stripe.com).
By using our Website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.
Credit card information storage
Credit card information is not stored by us on our servers. We use Stripe Australia. You can access Stripe Australia’s Terms of Use here.
PURE Equine uses Stripe for its online credit card transactions. Stripe is a leading provider of payment solutions whose software, systems and procedures have been assessed and certified to PCI Data Security Standards. Through Stripe, PURE Equine does not have access to your card number as this credit card payment is secured by Stripe. Credit card information is encrypted and stored in a system completely isolated from Stripe. At no time is unencrypted card data stored on disk either inside Stripe's system or in the card storage system. Internally, card information is referenced only through the use of a token. The token is not derived from card information in any way. Visit the Stripe website for more information on online credit card payments.
Access and correction
Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.
Complaint procedure
If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
Overseas transfer
Your personal information may be transferred and stored overseas with external service providers. It is not possible to identify each and every country to which your personal information may be sent. If your personal information is sent to a recipient in a country with data protection laws which are at least substantially similar to the Australian Privacy Principles, and where there are mechanisms available to you to enforce protection of your personal information under that overseas law, we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled in that jurisdiction. If your personal information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia's, we will take reasonable steps to secure a contractual commitment from the recipient to handle your information in accordance with the Australian Privacy Principles.
Aside from the purposes set out above, your personal information will generally not be disclosed to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your personal information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.
How to contact us about privacy
If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us through our “Contact Us” field on this website or through Facebook here.