These Terms of Service apply to your use of the DL Equine Services and Programes.
This website is operated by DL Equine Nutrition. Throughout the site, the terms “we”, “us” and “our” refer to DL Equine Nutrition. DL Equine Nutrition offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Please read these Terms of Service carefully before accessing or using our website or purchasing a consultation or service. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You must read and agree to the Terms of Service to access and use DL Equine Service.
If you are looking to book a DL Equine Service, view our Programs and Pricing.
When you click ‘Buy Now” button and pay for the service. you to agree to these terms and conditions.
You agree to use the DL Equine Services on the following terms and conditions:
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Included in all goods and services from DL Equine:
- Ph calls and/or video calls as required in service paid for
- Emails and follow ups
- Horse nutrition programmes or product if part of service paid for
- 4 Diet reviews if on Optimum 4 Seasons Programme service for 12 months
- Refunds for product damaged in past will be considered on receipt of photo evidence
Payment terms: Payment must be made prior to receiving a DL Equine programme and/or product or service.
Once service has been provided by DL Equine there are no refunds or guarantees given. If cleint is on the Optiumum 4 Seasons programme, no refunds will be given for months of service not used, such as when client chooses not to answer emails from DL Equine each month requesting updates.
All information supplied and advice given as part of a consultation or other service are based on the information you supplied.
This diet has been calculated on information provided by the client.
The type of pasture, grazing and species, horse health information were provided by the client and formulated on the information given.
After the diet has been initially formulated by DL Equine, it is the responsibility of the Owner to adjust feed and intake dependant on changes in the horse grazing, pasture, age, season and exercise intensity, illness and any other factor affecting health.
All information supplied and advice given as part of a DL Equine consultation or other service are based on the information the client supplied.
Unless on the Optimum 4 Seasons Programme, changes in diet formulation can only be done in the 7 days after the diet has been received by the client. Changes after this period will be subject to further cost by client.
Correct nutrition is just one part of good horse care; optimal health and performance also depend on good management, appropriate physical and behavioural training, and relevant veterinary, dental and foot care, awareness of variation in manufactured feed/ supplement batches. Therefore, I cannot be held responsible for the performance of a specific feeding regime, as many factors outside my control will affect your horse’s performance.
Clients administer suggested products (feeds/supplements/additives) with the understanding that any adverse reaction is the responsibility of the owner.
Information or resources supplied by Dale Logan; DL Equine should not be seen a substitute for personalised veterinary advice from a registered veterinarian. Blood tests for Selenium levels are recommended and diet adjusted if necessary.
As each horse is an individual and each situation different, this nutrition programme is tailored specifically to your horses’ requirements as based on the information the owner has provided about the horses health, given verbally and written in the health form, at the date of formulation. Please be aware that requirements change, as such it is the owners responsibility to adjust the feeding of a horse as necessary.
No guarantees will be given for the performance of a horse on a nutrition programme.
DL Equine is not responsible for the following:
- Reviews of diet not paid for on any Programme
- Changes to the Vital Nutrition Programme after the 1 week period. Changes after this time will be at additional costs to client.
- Client providing either inaccurate information or no information or communications on pasture, horse health status, veterinary status and history, which may affect the DL Equine diet or service. For example; Age/ Weight/ Exercise/Health/ Blood tests or Other Issue
- Adverse horse health due to Client not following diet recommendations
- Adverse horse health due to Client changing diet recommendations without DL Equine Consult
- Adverse reactions of horse to the suggested products (feeds/supplements/additives)
- Changes or variation in manufactured feed or supplement batches brought by client.
- The performance of a horse on a nutrition programme.
- Refunds for services paid for by client, in the circumstances where that client has not provided the required and asked for horse health or any other information requested in writing by DL Equine within 30 days, prior to diet formulation
- Refunds for serices paid for by client, in the circumstances where that client has not provided the required and asked for horse health or any other information requested in writing by DL Equine such as in a nutrition programme review or they have changed their mind about a purchase of a service
Delivery timelines:
- All horse Diets within 10 days of receiving clients horse health information chart, unless communicated to the client due to unfoseen spcial circumstances such as illness.
The following terms and conditions apply to Training Services provided by DL Equine.
Policies:
Insurance and Indemnity
Service Guarantee
Schedules
Enrolment Policy
Fees
Attendee Numbers
Withdrawals and Refunds
Course Cancellation / Abandonment
Attendance and Specific Course Requirements
Learner Conduct
Dishonest Practices
Complaints
Assessment Policies and Procedures
Assessment Location Date and Time
Rescheduling Assessment/Assignment Due Date
Learner Welfare and Support
Termination of Service
Confidentiality / Intellectual Property / Copyright
General
Privacy
Security of Online Payments
Health and Safety
Acceptance of Terms and Conditions
By engaging DL Equine, you accept the enclosed terms and conditions.
Insurance and Indemnity
Except where we have expressly accepted responsibility to you under these Terms, you indemnify us against all legal action taken against us, and shall pay all costs, losses or expenses we incur. DL Equine is not liable for any property damage or loss of customer’s property when services are being provided by us.
Service Guarantee
Your rights for service provision and supply of service are covered by the Consumer Guarantees Act.
Schedules
Assessment / Course schedules notified or published by DL Equine are subject to change without notice.
Enrolment Policy
This policy (and its procedures) ensures selection and enrolment of learners on programmes:
for which they are eligible.
which suit their needs.
in which they are likely to succeed.
meet the contracted outcomes, according to contract funding criteria.
Specific outcomes of this policy are to ensure:
learners meet the criteria set down for the training contract they are to be enrolled under;
learners are able to develop their knowledge through the training opportunities we provide;
enrolment details are securely and accurately recorded and reported;
learners’ personal details, learning and history, pathway plan, training progress and interactions with DL Equine team members are recorded and available only to those who need them; and
we can report to our stakeholders according to contract requirements.
Fees
All identified fees are in New Zealand dollars and subject to change without notice. All fees must be paid prior to the provision of services by DL Equine. Where fees are not paid in full, DL Equine is under no obligation to provide service or where service has been provided, furnish certificates of training where all or part of fees payable are outstanding.
Course fees must be paid prior to course commencement or alternative arrangements in place to pay. More details regarding course fees and the payment of course fees are found on our website or available in PDF print form via request.
Failure to pay all fees on time without explanation and agreement may result in your removal from the course.
Attendee Numbers
Where you are making a booking that includes more than one attendee; or booking an assessment/course on line or on site, a minimum number of attendees may be required. If the number attending changes, additional fees will be charged for any increase in the number of attendees in accordance with the registration costs (advertised or agreed). A reduction of the numbers of attendee’s is subject to our cancellation policy or minimum number requirements.
Withdrawals and Refunds
A request for cancellation or postponement of services must be notified in writing (email or txt) to DL Equine 7 days prior to the intended time/date of services to be delivered. Where notice of cancellation is provided at least 7 days prior to the schedule assessment/course start, the fee may be transferred to another assessment or course operated by DL Equine. Where notice of less than 7 days is provided, any postponements or cancellations (including non-appearance or non-completion) will result in full assessment/course fees being charged with no refund offered. In the latter event, fees may be transferred to another course, or attendee on a case by case basis, at the sole discretion of DL Equine.
Where cancellation of services are received before 7 days prior to the intended time/date of on line course services to be delivered, and a refund of fees is requested, a full refund will be made by DL Equine excluding an administration fee of $40+GST.
Withdrawals and Refunds
Course commencement is the first week on which DL Equine requires the learner to attend.
Couse cancellation can occur when DL Equine determines there is insufficient demand, unavailability of suitable team members or facilities or any other reason.
Special Circumstances
In special circumstances comprising reasons of a compassionate nature, DL Equine at its sole discretion may grant a refund of a greater amount than is stated in the procedure and/or may grant a refund outside the required time frame as stated in this policy. If a learner believes that special circumstances of a compassionate nature exist, they must apply in writing to DL Equine and enclose supporting evidence of the special circumstances claimed and provide all other evidence requested by DL Equine. DL Equine will consider the request and may or may not grant a refund in an amount that DL Equine deems appropriate.
Note:
The first week of the course is shown on the learner’s booking/enrolment confirmation email. For learners new to DL Equine, it is the first week of training. If, for any reason, a learner is unable to start their course in the first week, they must notify DL Equine, and request a deferred starting date, which will be confirmed in writing. In the absence of such a request, or in cases where the request is declined, DL Equine will be entitled to assume the learner accepts the course start date originally proposed.
Learners are to complete the DL Equine Course Withdrawal Form, and attach the fee receipt, and any other relevant documents/evidence and present it to the DL Equine. Learners will be informed of the decision within 10 working days. If accepted, a refund will be processed.
Withdrawals and Refunds are actioned under the following circumstances (these may be reviewed from time to time by the DL Equine):
Withdrawal of learner up to and within the first 7 days of course commencement:
a. Full refund, less up to 25% of the payment.
Unforeseeable insolvency, regulatory closure or withdrawal of accreditation of DL Equine:
a. Full refund
Withdrawal and refunds from programme after 7 days of course commencement:
a. No fees paid will be credited to later programmes or refunded to learners after this time.
Termination of enrolment by DL Equine as per our Learner Conduct policy:
a. No refund.
Learners who withdraw up to 7 days before course commencement:
a. Full refund less 10% of the payment.
Course Cancellation / Abandonment
Will endeavor to deliver assessments and training courses as scheduled with cancellation a last resort. While we do our very best to provide a minimum of 48 hours’ notice, from time to time the notice may be as little as 24 hours. We will arrange for an alternative time and date for attendance and where you are not able to attend, a full refund of payments for the course is provided.
Attendance and Specific Course Requirements
Times are provided to ensure that services requested to be completed can be delivered in the time specified. The client cancellation policy above, will be applied by DL Equine where:
customers fail to arrive at the correct time or date of training
customers fail to complete and bring with them pre-requite course material (where this is required)
Learner Conduct
DL Equine may terminate the provision of services where candidates attending training:
do not attend for the duration required
are disruptive during the provision of services
are considered by DL Equine to be under the influence of drugs or alcohol
are in possession of alcohol, drugs, or offensive weapons
displays any form of harassment which is offensive and unwelcome to the trainer or other attendees.
DL Equine strives to help create a learning environment that brings out the best in our learners. To achieve this, we need each learner to follow these basic guidelines:
Learners will behave in a manner that will not bring DL Equine into disrepute, during the hours of their training course.
Learners will put in a full effort into their course whether it seems immediately relevant to them or not.
It is the learner’s responsibility to catch up on any work missed due to any absence from training. DL Equine is only responsible for supplying any notes missed.
DL Equine is not responsible or liable for the loss of any learner’s resources.
The following will be strictly enforced:
a. No violence or threats of violence
b. No drugs
c. No alcohol
d. No willful vandalism of DL Equine resources
All use of computers and the internet must be related to your training programme. If you wish to download appropriate material you must gain permission from your trainer. Learner’s must not download material that is offensive, racist, pornographic or illegal.
No reports or certificates will be issued or qualifications registered, until all outstanding fees have been paid in full.
Honesty is expected of all learners.
Dishonest Practices
Cheating, plagiarism and other dishonest academic practices have serious consequences and learners who fail to comply with acceptable behaviour will be subject to severe penalties, which may include a fail grade in their learner record, probation or suspensions from the programme. Learners will be required to pay and re-enrol to sit the unit/course again.
Complaints
DL Equine believes that we have a responsibility to provide learners with a study environment which is physically safe, free from harassment of any kind, and conducive to the achievement of good learning outcomes. Our complaints policy is designed to provide a process that learners can follow if they wish to lodge a complaint, dispute or grievance. The policy allows for the complaint to be brought to the attention of the organisation. If this process fails to provide a remedy it provides a process for the complaint to be mediated by external organisations.
Informal complaints
Examples of informal complaints might include the following:
concerns arising from miscommunication or misunderstanding.
minor disagreements over academic matters and/or resource issues.
Informal complaints are usually made verbally to your DL Equine trainer, who should interview the person in private, allowing a support person to come if requested. The trainer will evaluate the nature and seriousness of the complaint, resolve it at the time if possible. If the complaint is about one or more other people they should initially be interviewed separately.
Resolution will be determined when the complainant expresses satisfaction with the outcome, or verbally accepts the trainer’s actions. If the actions are not accepted the learner has the option to an outside authority and it then becomes a formal complaint.
Formal complaints
Anyone wishing to make a formal complaint should put it in writing and submit it to DL Equine. The complainant has the right to a support person throughout the process until it is resolved.
A written record will be kept in the central filing system of the complaint, the meeting(s), the steps taken to achieve a resolution and an outcome statement.
If the complaint is not resolved to the complainant’s satisfaction, they will be advised of their right to go to an appropriate external authority.
Confidentiality
The disputes process, and any information collected during it, is confidential. If a party to the dispute chooses to invalidate the complaints process by discussing the complaint outside of this process, the protection of their confidentiality will be considered redundant.
Assessment Policies and Procedures
Learners must follow all requests and rules regarding conduct for assessments, assignments and examinations. Failure to do so, plagiarism or cheating of any kind, may make the results invalid and could lead to disciplinary action including dismissal.
All learners are expected to co-operate with requests made by trainers.
Plagiarism means using the work of others in preparing an assignment and presenting it as your own, without explicitly acknowledging – or referencing – where it came from. Plagiarism also includes paraphrasing another person’s work without attribution, and failure to acknowledge the full extent of indebtedness to a source.
Submitting someone else’s un-attributed or less than fully attributed work or ideas is not evidence of your own grasp of the material, and cannot earn you marks.
Work can be plagiarised from many sources – including books, articles, the internet, and other learners’ assignments. Plagiarism can also sometimes occur unconsciously or inadvertently. Direct copying all or part of the work of others; allowing all or part of your own work to be copied; collaborating together in preparing all or part of an assignment; and other similar activities are all forms of plagiarism.
Assessment Location Date and Time
Location, date and time of the assessment must be pre set by the assessor and communicated to the candidate(s) in a reasonable notification timeframe.
Assessment task time limits or due dates must be completed within obligatory timeframes, some assessment task time limits may be open to the program training/assessor judgement depending on the unit/ module and the candidate’s special circumstances.
Rescheduling Assessment/Assignment Due Date
1 –3 weeks’ notice will be given to complete the project depending on the degree of difficulty and the amount of work involved. The Trainer responsible for the assignment will determine the time factor, taking into account the total course workload.
All assignments must be handed in on the due date unless there are exceptional circumstances. Definition of exceptional circumstances: e.g. Sickness notified to DL Equine, supported by a medical certificate.
If an extension of time is required, under exceptional circumstances, this must be approved by the Trainer in charge of the assignment by the due date, or sooner if possible. Late assignments not discussed with the trainer will not be accepted (except as outlined above). Any disagreements regarding extensions of time will be handled initially by DL Equine, whose decision shall be final and binding) will handle any further disagreement.
Assessment conditions vary from assessment to assessment.
Learner Welfare and Support
Learners who are having any difficulties should feel free to discuss their concerns with the team member they feel most comfortable talking to, including their Trainer. It is DL Equine’s hope to assist all learners as much as possible, so that the learner can enjoy and benefit from their studies with us.
DL Equine team members are available on site and on line to offer guidance and support to learners relating to both academic progress and other issues learners wish to discuss. Learners may also raise concerns with their Trainer. Referral to outside agencies for specialist support will be arranged where appropriate.
Trainers provide learning assistance on a one-to one, or one to small group, for learners requiring help in literacy or numeracy, relevant to their course.
Specific help related to the course is given when the need arises or is requested. All trainers make themselves available for extra assistance, within reason.
Termination of Service by DL Equine
DL Equine reserves the right if we believe that you have breached these Terms and Conditions to without notice, stop providing some or all services to you. No refund of fees will be provided by DL Equine.
Confidentiality / Intellectual Property / Copyright
The information provided in any training, proposal or quotation submitted by DL Equine is commercially confidential and it is not to be disclosed to a 3rd party.
General
DL Equine is a New Zealand owned company. This agreement shall be subject to the laws of New Zealand. If we do not exercise or enforce any right available to us under these Terms, this does not constitute a waiver by us of those rights.
Every effort is made to ensure that the information provided by DL Equine is accurate to the best of our knowledge. Information provided by DL Equine does not constitute, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional. DL Equine makes no representations or warranties, either expressed or implied, as to the accuracy of the information we provide, or its fitness for any purpose whatsoever. In no event will DL Equine be liable for any direct, indirect, special incidental, or consequential damages arising out of the use of the information provided by us.
The DL Equine web pages beginning with “ON Line Course Information for…” form part of these Terms and Conditions.
Privacy
If you are an individual, you have rights under the Privacy Act 2020 to access information held by us, and to request the correction of such personal information. In respect of such personal information, You:
Authorise us to use your personal information for direct marketing and promotional activities, research and development purposes in respect of the provision of our services to you.
Enrolment records
DL Equine will keep accurate and up to date enrolment records for each learner including:
Full name and address of the learner;
Contact details of the learner;
Nationality;
The education or training in which the learner is enrolled (using the DL Equine enrolment contract/online enrolment form);
The start and finish dates of the training/course;
Details of the learner meeting the entry requirements for the training/course including, where applicable,
Invoices and receipts for fees paid and the dates of payment, with course fees and other fees separately identified.
DL Equine will keep the enrolment records for each learner for 2 years after the completion of the training/course in which the learner is enrolled.
Academic records
DL Equine will keep accurate and up to date academic records for learners including:
Records of individual learner assessment and examination results that include the name of the learner, the date of achievement and the relevant grade, which are kept as permanent records.
Any cross credit, credit transfer, and recognition of prior learning arrangements for individual learners, and the evidential basis for them, which are kept as permanent records.
Records of learner attendance, which are kept for 2 years after the completion of the training/course in which the learner is enrolled.
Records of the achievement of awards or qualifications by the learners, which are kept as permanent records.
All learner assessment materials generated from the training/course in which the learners are enrolled are kept for 2 years after the completion of the training/course in which the learner is enrolled.
Security of Online Payments
Your payment is processed through Paypal secures credit-card data via encryption. DL Equine will not store or transfer any of your credit card information. All data is transferred using Paypal secure servers.
Health and Safety
DL Equine is committed to providing a safe and healthy environment for all, and to protecting team members, learners, visitors and contractors from accidental injury as per the Health and Safety at Work Act 2015 (and subsequent amendments).
Learner participation is part of that objective and you are expected to cooperate in making this a healthy and safe environment. Please be sure to report any unsafe learning environments, equipment, accidents and incidents to your trainer who will then follow the procedure to investigate and resolve.
It is the responsibility of all team members and learners to reduce the risk of accident and injuries by eliminating, isolating, or minimizing hazards that may cause personal injury, occupational illness or property damage. This is the sole responsibility of the trainee handling horses during practical sessions of training.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Dael Logan, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dale Logan Equine Nutritionist and Herbalist and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 15 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
SECTION 17 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
DL Equine intellectual property is owned by – Dale Logan