Runnar User Terms of Use 

 

This website http://www.Runnar.com.au/ (the Site) is operated by Runnar Pty Ltd. In these User Terms of Use the expressions “we”, “us” and “our” are a reference to Runnar Pty Ltd. 

If you register to participate on this Site as a User, you are agreeing to be bound by these User Terms of Use, which include: 

 

(a) the Runnar Website Terms of Use; 

 

(b) the Booking and Payment Instructions published on the Site and as advised to you from time to time; and 

 

(c) any other laws or regulations which apply to this Site. 

 

If you do not accept these User Terms of Use you must refrain from using this Site and agree that your registration as a User may be cancelled or suspended by us. 

 

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on the Site. Your continued use of the Site following such notification will represent an agreement by you to be bound by the terms and conditions as amended. 

 

User Eligibility 

 

User Registration is available only to persons aged 18 years old and over, who are capable of entering into a binding contract. By using the Site, you represent and warrant that you satisfy these conditions. 

 

Log On Details 

 

Upon completion of your User Registration you will be provided with Log On Details (User Name and Password). You must not share your Log On Details (including your Password) with any third party who is not employed or authorised by you and must ensure that you (and each person that you authorise) log off from the Site after each use. 

 

You understand that you will be held liable for any action taken by any person who has accessed the Site using your Log On Details and must notify us immediately if you become aware or have reasonable grounds to believe that your Username or Password has been compromised. 

 

We reserve the right, acting in our sole discretion and without giving reason, to refuse or revoke any User Registration at any time and to refuse to process any Quote Requests or Job Confirmation made by any person. 

 

Quote Requests

You may use this Site to submit requests for quotes to Carriers (Quote Request) for the provision of 

horse transportation services (Carrier Services), which we will lodge on your behalf.

A Quote Request is an obligation free request and you are not bound to engage any of the Carriers to 

provide the Carrier Services to you at the stage of submitting a Quote Request. 

Quotes 

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Upon receipt of a Quote Request, we will provide you with Quotes from each Carrier who responds to your Quote Request. We will use all reasonable endeavours to encourage Carriers to provide a response to you within one business day, however, you understand that we cannot control the actions of Carriers in responding to your Quote Request. 

 

Quoted rates are provided inclusive of GST unless stated otherwise and are subject to change at any time until full payment is received.

 

Job Confirmations 

 

Once you have selected a Quote from a Carrier, you must confirm the Job with us and we will confirm your engagement with the Carrier to provide of the Carrier Services on the terms described therein (Job Confirmation). No Job Confirmation shall be deemed to be valid until you have received return confirmation from us. 

 

Carrier Selection 

 

When selecting a Carrier you understand that you must rely solely on your own enquiries and investigations prior to confirming any Job and must form your own judgement in relation to all matters relating to the provision of the Carrier Services. You agree, if necessary, to consult professionals for advice that is specifically tailored to your particular circumstances and your horse’s needs. 

 

We do not make any warranty or representation, express, implied or inferred, relating to the quality, standard or suitability of the Carrier Services or any Carrier. Any information contained on this Site relating to Carriers is included for your convenience only and should not replace the requirement for you to make reasonable investigations into the business and the services provided by the Carrier. 

 

You agree that we do not and shall have no obligation to: 

•          a)  verify the accuracy or currency of the material or information that Carriers submit or make available through the Site; 
 

•          b)  undertake to prequalify or validate the claims of any Carrier including with respect to their insurance (if any), financial standing or registration; 
 

•          c)  endorse or recommend any Carrier, nor control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of third parties (including Carriers) referred to at the Site or whose identities become known to you as a result of using the Site or otherwise; 
 

•          d)  offer or provide professional advice on the fitness of any goods, services or information supplied by any third parties including Carriers. 
 

Contacting Carriers Directly to Confirm Jobs 

 

While you may contact Carriers directly for the purposes of conducting such reasonable enquiries as you see fit prior to submitting a Job Confirmation for that Carrier, you agree that you shall not confirm any Job directly with a Carrier. Any Quote Requests for the Carrier Services must be confirmed and completed directly through the Site. We reserve the right to terminate or suspend your Log On Details if we suspect that you are not complying with this condition. 

 

The Horse 

 

You warrant that:

(a) you are the legal owner of the horse or are legally authorised to arrange transport of the horse; 

 

(b) the horse is fit for travel and not suffering from a health or behavioural condition that would endanger the health or safety of the horse, any other horse, or any person or cause risk of damage to property. 

When using the Site to submit a Quote Request or a Job Confirmation, you must provide all information which a Carrier would reasonably require to provide an accurate Quote, including but not limited to information on whether the horse to be transported has any special travel requirements such as that the horse: 

 

•          a)  is a stallion, colt or a cryptorchid (rig); 
 

•          b)  is pregnant or has a foal at foot; 
 

•          c)  has impaired vision; 
 

•          d)  is a wobbler, has string halt, or other substantial tendon, muscle or neurological damage; 
 

•          e)  is a windsucker; 
 

•          f)  suffers from laminitis or any other condition which may adversely affect the ability of the horse to stand during travel; 
 

•          g)  has been treated with any medication, including any sedative or pain suppressant prior to travel; 
 

•          h)  requires medical treatment during travel; 
 

•          i)  is travelling to or from a property that is in a tick zone, restricted or quarantine area. 
 

You must also advise us if there are any access issues with the property that the horse is to be collected from or delivered to. 

 

You agree that all information provided by you to us at any time shall be true, correct and full disclosure of all matters to which we should reasonably be advised. 

 

Please note that whilst Carriers will attempt to satisfy all special requests, we cannot guarantee that special requests can be accommodated. 

 

Engagement 

 

You acknowledge that we are engaged as an agent to provide the services of soliciting and managing bookings for horse transportation on the Site (Agent Services) on behalf of Carriers. 

 

Upon the receipt of a Job Confirmation from us, you agree that you will enter into a legally binding contract for the provision of the Carrier Services with the Carrier to which the Job Confirmation relates. You acknowledge that we have no obligations in respect of the provision of the Carrier Services. 

 

Important Note: In the case of any problems, it is imperative you inform the Carrier immediately in order for the Carrier to rectify the situation as quickly and efficiently as possible. If you do not do so it may hinder the ability of the Carrier to resolve your concerns and to ensure that the Carrier Services are carried out exactly to your specifications. 

 

Insurance 

 

We strongly recommend that at the time of booking you purchase comprehensive insurance to cover your horse and any items travelling with your horse. You understand that you bear sole risk and responsibility for the horse and any items travelling with your horse during transport. You acknowledge that there is always risk associated with transporting any horse and that such risk vests with you. 

 

Payment 

 

You agree to pay the total amount quoted in the Job Confirmation for the provision of the Carrier Services and understand that in most cases full payment must be made to the Carrier prior to the provision of the Carrier Services. 

 

We are not party to any transactions between you and Carriers and shall not be responsible in any circumstances for paying the Carrier for the provision of the Carrier Services. 

 

Feedback Services 

 

You acknowledge that we operate a user feedback system on the Site upon which Users of the Site may post comments, compliments, criticisms and other observations regarding Carriers and the Carrier Services. You agree that we are not responsible for any content appearing on the feedback pages of the Site and that you will not: 

 

(a) post any comments that are dishonest, unfair, unreasonable or cannot be substantiated; 

 

(b) impersonate any other person when posting material to the Site 

 

(c) post or transmit any material on the Site which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise reasonably objectionable. 

 

(d) disrupt the flow of dialogue or otherwise act in a manner which negatively effects other users of the Site. 

We reserve the right to remove or refuse to post any information and/or materials (in whole or in part) that we, in our sole and absolute discretion, regard to be in any way objectionable or in violation of any applicable law or of these terms and conditions without notice to you. 

 

You acknowledge and agree that any information or material submitted by you to the Site for inclusion in the user feedback system is, and will be treated by us as, non-confidential and non-proprietary and that we may use such material without restriction, including but not limited to for the purposes of advertising our business. 

Warranties 

 

To the extent allowed by law, we provide the Agent Services to you on an 'as is' basis and without any warranty - express, implied or statutory - as to the quality, efficacy, reliability or other attribute or characteristic of any third party, including Carriers or Users of the Site 

You warrant that you will: 

 

•          (a)  not use the Site for illegal purposes, including without limitation, posting to the Site information encouraging conduct that would constitute a criminal offence; 
 

•          (b)  not use any feature of the Site to send unsolicited commercial emails to Users of the Site, whether individually or as a group; 
 

•          (c)  not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without our prior written consent; 
 

•          (d)  not use anything on the Site for or in connection with any business or enterprise (whether for profit or otherwise) that is in competition with our business; 
 

•          (e)  not post to the Site or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs; 
 

•          (f)  not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; 
 

•          (g)  not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Site; 
 

•          (h)  not use the Site to engage in misleading or deceptive conduct, including on-line marketing practices; 
 

•          (i)  not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email; and 
 

•          (j)  not use the Site in relation to the actual or proposed transportation of any illegal or prohibited goods. 
 

Personal Information 

 

You consent and authorise us to collect and use your personal information for the provision of the Agent Services and to disclose such personal information to Carriers for the purposes of administering any Quote Request or Job Confirmation made by you and providing you with the Carrier Services. 

 

Termination 

 

Without limiting other rights or remedies available to us, we may immediately suspend your access to the Site on a temporary or indefinite basis if you have, or are likely to, in our reasonable opinion: 

 

•          (a)  breach any terms of these User Terms of Use; 
 

•          (b)  provide false or misleading information to us or any Carrier; 
 

•          (c)  act in a manner that would cause damage, loss and/or legal liability for us; 
 

•          (d)  be convicted of an offence involving fraud, deception, dishonesty or misleading conduct; or 
 

•          (e)  commit any act of bankruptcy as defined in the Bankruptcy Act 1966 (Cth), make a scheme of arrangement with creditors, or are placed in receivership, liquidation, administration or any form of insolvency administration. 
 

Termination or suspension of your registration does not affect any accrued rights or remedies of either party under these User Terms of Use. 

 

Liability 

 

We shall not be liable, under any circumstances for any failure by Carriers to provide the Carrier Services, nor for any error, alteration or change of any kind made by those Carriers following acceptance of a Job by them. 

To the extent permitted by law the aggregate of our liability to you is limited to an amount not exceeding the amount paid by you for any booking (and in the case that you have not made a booking, our liability shall be zero). 

 

Indemnity and Release 

 

You agree to indemnify and hold harmless us for and against all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) incurred or suffered by us arising out of, caused by, attributable to or resulting from: 

 

•          (a)  any act or omission by you; 
 

•          (b)  your negligence; or 
 

•          (c)  your non-compliance with these User Terms of Use. 
 

To the extent permitted by the law, you agrees to release, us and our current and former officers, employees and agents from all liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) which you may incur or suffer arising out of, caused by, attributable to or resulting from: 

 

•          (i)  us performing any obligation or enforcing any right under the User Terms of Use; 
 

•          (ii)  the act or omission of any Carrier or the provision of the Carrier Services; and 
 

•          (iii)  the provision of the Agent Services by us. 
 

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Force Majeure 

 

We are not responsible for any loss arising out of any occurrences or conditions beyond our control, including but not limited to any Force Majeure. 

 

Force Majeure means flood, war, terrorism, earthquake, act of god, general strike or any other event or thing outside either party’s control including any change in itinerary or schedule which precludes us from performing our obligations under the User Terms of Use. 

 

Survival 

 

Any indemnity or any obligation of confidence under the User Terms of Use is independent and survives termination of the User Terms of Use. Any other term by its nature intended to survive termination of the User Terms of Use survives termination of the User Terms of Use. 

 

Entire Agreement 

 

The User Terms of Use constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties. 

Severability 

 

Part or all of any clause of the User Terms of Use that is illegal or unenforceable will be severed and the remaining terms and conditions will continue in force. 

 

Waiver 

 

A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver. 

 

Governing Law 

 

These User Terms of Use are governed by the laws applicable in New South Wales and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.