Terms & Conditions for Equus Empeiria

Terms & Conditions 

Last updated: May 24, 2024

 

Welcome to Equus Empeiria! This website is owned and operated by Nadine Felicia Lindblom (Equus Empeiria). These Terms of Use (these "Terms") constitute an agreement between you and Equus Empeiria ("we," "us," or "Equus Empeiria") and govern your use of our website at www.nadinelindblom.com (the "Site") and any Products or Services made available from time to time through the Site (the "Products"). Collectively, we refer to the Site and the Products as the "Services." By using any of the Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.

Equus Empeiria grants you a non-exclusive, non-transferable, revocable licence to use the Services, including the Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. Equus Empeiria reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part there of) with or without notice. You agree that Equus Empeiria will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.

Given that our Instructional Material is solely made available to you digitally (as a stream), strictly speaking, Instructional Material cannot be said to have been ‘purchased’. Where Terms such as ‘buy’ or ‘purchase’ are used in the Terms and Conditions, this only means that you will be granted a certain right of use to view the Instructional Material. You may not – and cannot – transfer the rights and obligations arising from the Agreement to third parties without the prior written consent of Equus Empeiria.

Due to force majeure, illness of instructor (Nadine Lindblom) or changing business activities of Equus Empeiria, adding new Services or video material can be stopped temporarily or permanently. In case of a permanent stop, all members will be notified by e-mail. Existing material will still be accessible. 

If the court establishes that a provision in the Terms and Conditions is void or voidable in full or in part, this will not affect the validity of the remaining provisions of the Terms and Conditions. The void or voided provision will be replaced by a provision of a similar purport that is neither void nor voidable.

Digital Instructional/Video Material is offered on our Site. After becoming a member, you can view this Instructional/Video Material as a ‘stream’ within your Account environment. The Video Material cannot be downloaded.

WHO CAN USE THIS SITE:

To use our Site and receive our Services, you must be at least 18 years old or the legal age of majority in your jurisdiction. You must also possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not permitted to use this Site or receive our Services if such use is prohibited in your country or under any applicable law or regulation.

RULES OF USE

Equus Empeiria is committed to providing a safe, respectful, and legally compliant environment for all users of our Services. By accessing or using our Services, you agree to comply with the following rules:

1.  Compliance with Laws and Regulations: You agree not to use our Services for activities that violate any applicable laws or regulations. This includes, but is not limited to:

•    Distributing information that is defamatory, libelous, or discriminatory.
•    Sharing content that infringes on the intellectual property rights of others.
•    Violating the privacy rights of others, including sharing personal data without permission.

 

2.  Prohibited Conduct: You agree not to engage in the following prohibited activities:

•    Sharing your account with third parties.
•    Downloading instructional or video material without authorization.
•    Communicating or posting reviews in any language other than the one used on our Site.
•    Posting reviews under a false name or identity.
•    Posting false or unfounded negative reviews.
•    Using the Services in a manner that is fraudulent, misleading, or otherwise objectionable.
•    Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
•    Attempting to violate the security of the Services.
•    Reverse engineering, decompiling, or disassembling any part of the Services.
•    Scraping information from the Services by automated means.
•    Interfering with the ability of others to use the Services or permitting unauthorized access to the Services.
•    Redistributing, reselling, reproducing, modifying, displaying, distributing, selling, publishing, sharing, or creating derivative works from any of the Services without explicit permission.

 

3.  System Security and Integrity: If Equus Empeiria determines that your use of the Services threatens the security, integrity, or availability of our systems or those of third parties, we reserve the right to take necessary measures to mitigate such risks. This includes, but is not limited to, excessive data transmission, leaked personal data, or the presence of malicious software such as viruses or Trojan horses.  
4.  Liability and Indemnity: Equus Empeiria reserves the right to recover any damages or losses caused by your violation of these Rules of Use. You agree to indemnify Equus Empeiria against any third-party claims arising from the information you provide or transmit through the Services.

 

By using our Services, you agree to adhere to these Rules of Use. Failure to comply with these rules may result in the termination of your account and access to our Services, and you may be held liable for any damages resulting from your actions.

 

FORCE MAJEURE 

Equus Empeiria is not obligated to fulfil any contractual obligations if such performance is hindered by a force majeure event. Equus Empeiria will not be held liable for any loss or damage resulting from force majeure. Force majeure situations include, but are not limited to, power outages, failures in telecommunications infrastructure, network attacks, traffic congestion, strikes, fires, floods, and instances where Equus Empeiria is unable to deliver through its suppliers, regardless of the cause.

If a force majeure event persists for more than sixty (60) days, either party has the right to terminate the Agreement in writing with immediate effect.

 

INTELLECTUAL PROPERTY

All content, features, and functionality provided through the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and their arrangement (collectively, the "Content"), are the exclusive property of Equus Empeiria or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. This license does not include any resale or commercial use of the Services or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

No part of the Services or Content may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Equus Empeiria. Any unauthorized use terminates the permission or license granted by Equus Empeiria.

All trademarks, logos, service marks, and trade names displayed on the Services are registered and/or unregistered trademarks of Equus Empeiria or its affiliates and licensors. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Services without the written permission of Equus Empeiria or such third party that may own the trademarks displayed on the Services.

You agree not to use any content, trademarks, service marks, or other proprietary information displayed on the Services in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Equus Empeiria or its licensors.

 

PURCHASES

When you purchase a Service, you acknowledge and agree to the following Terms: You are responsible for fully reading the item listing before committing to buy; by proceeding through the checkout and completing the payment process, you enter into a legally binding contract to purchase the item. It is your responsibility to understand the nature of your purchase and how to utilize it. All prices are fixed and non-negotiable, though discounts and coupons may be offered at our discretion. The prices for our Services are listed on our Site, and we reserve the right to modify these prices at any time and to correct any pricing errors that may occur inadvertently. 

 

ACCOUNT

During the process of making a purchase on our Site, you may be asked to create an account. An account is strictly personal, and may not be shared with other persons. If you suspect that someone has gained access to your account, you must notify Equus Empeiria immediately.

Equus Empeiria has the right to remove/block your account, if you have violated any of these Terms. 

If you decide to unsubscribe from your membership or close/delete your account entirely, you can do so through “My Account” or by emailing [email protected]. After an account has been closed, your history on the account such as videos watched, reviews, comments and other materials will still be visible to Equus Empeiria. However, Equus Empeiria will delete all data and personal information on request, or if required by law. 

The closing and deletion of an Account is an irreversible process. You personally bear the risk of the loss of any data as a result of closing your account. It is not possible to view any purchased instructional material, after closing your account.

 

“LIFETIME” ACCESS

The term “lifetime access” to the Essence of Liberty Online Academy and its associated bonuses refers to an indefinite period during which you are granted access to the academy content and Services for the duration of the program's availability or your lifetime, whichever is shorter. Access may be revoked in the event of program discontinuation, changes in ownership, breaches of the Terms and Conditions, or other circumstances deemed necessary by Equus Empeiria. Equus Empeiria reserves the right to modify or terminate 'lifetime access' privileges at its discretion, with or without prior notice. By agreeing to these Terms, you acknowledge and accept the limitations and conditions of 'lifetime access' as described herein."

 

PAYMENTS

All the prices stated by Equus Empeiria on the Site are in Australian Dollars unless explicitly stated otherwise. You may purchase licenses to certain Products, as specified on the Sites. When you make a purchase, you may have the option to choose to pay a one-time payment, pay in instalments or pay an ongoing subscription. If you choose to pay in instalments or an ongoing subscription, you authorise us to charge the credit or debit card you provide on a monthly, quarterly or annual basis (depending on the option you choose during the checkout process). If paying instalments, this charge will be made until all payments have been made. If paying a subscription, this charge will be made until you cancel your subscription. You can cancel your subscription through “My Account” or by emailing [email protected] . 

Online coaching calls require full payment at the time of booking. In-person private lessons require a 50% deposit at the time of booking and the remaining amount to be paid before or immediately after the lesson. Clinic fees are to be paid in full by the organiser no less than 4 weeks before the scheduled date of the clinic.

 

Payment Method

We accept payment by bank transfer, credit/debit card and PAYPAL. Please note that there may be processing fees charged for using certain payment methods.

No Chargebacks

By using our Services, you acknowledge and agree that the Terms of this Agreement and our termination and refund policies supersede the Terms of use and refund policies of any third-party payment processor used by us. You will be responsible for any fees, including legal fees, incurred by us as a result of recouping payments owing under this Agreement. 

Late Payments

If any payment is not received on the payment due date, we may revoke access of all Services until any outstanding payment is received in full. You will be charged a late fee of 2% compounding monthly, equaling 24% annually, on all outstanding invoices starting from the payment due date. 

 

RETURNS, REFUNDS & CANCELLATIONS

If you are having any issues with the Products and Services, please contact us on [email protected] and we will do our best to resolve the problem. 

Due to the nature of the Products and Services of Equus Empeiria (non-tangible digital goods and private coaching), traditional returns are not feasible. However, for tangible goods offered, a separate "Return Policy" will be provided.

 

The Essence of Liberty Online Academy Refund Policy:

If purchased before the 1st of June 2024 (subscription):

Payments made for a subscription membership are non-refundable once completed. To cancel your membership, you must notify us by email at least 7 days before your next payment date to allow for processing time, or you can cancel your membership immediately via "My Account" before the next period begins. Access to materials will be provided for the paid period. We reserve the right to withdraw the due payment from your account if you fail to adhere to these Terms.

If purchased after the 1st of June 2024 (lifetime access):

You may receive a refund, if it is requested within 14 days of purchase, by contacting [email protected]. You MUST NOT have viewed or accessed any materials beyond Module 1 and Module 2 in order to be eligible for a refund. If any additional materials beyond Module 1 and 2 have been accessed, or you have exceeded 14 days within the program, a refund will not be granted. Please note that all of the videos streamed inside the program portal by each member are tracked and visible to us.

Refund requests and/or payment cancellations (in case of paying in installments), made outside of the 14 day refund window are not eligible – no matter what circumstances.

We may provide a refund or apply any payments to future Services in limited cases where it deems, in its sole discretion, to be appropriate and in an amount to be determined by Coach on a case by case basis. 

Online Coaching Call Refund Policy: 

Once a booking and payment have been made, online coaching calls may only be rescheduled; cancellations and refunds are not permitted. Requests to reschedule an online coaching call must be made at least 24 hours prior to the scheduled time. If a rescheduling request is made less than 24 hours before the scheduled call, we reserve the right to retain the payment rather than credit it to the rescheduled time. If Equus Empeiria needs to cancel your online coaching call for any reason, you will be offered the choice to reschedule or a refund. 

In-person private coaching:

 
A 50% non-refundable deposit is required at least 10 days before your scheduled session. If you cannot attend your session, your deposit can only be refunded if another paying student is able to take your place in that time slot. In the event that the lesson needs to be cancelled due to weather conditions, you will be offered an opportunity to reschedule. If Equus Empeiria needs to cancel your session due to personal circumstances, you will be given the option to either reschedule or receive a full refund.

 

Clinic Refunds: 

Participant Refund Policy: Clinic participation fees are refundable only if another participant is able to attend in your place.

Organiser Refund Policy: We strive to avoid cancelling clinics and will always prioritize rescheduling over cancellation. However, in the event that the clinic needs to be cancelled by the organiser, refund of the clinic fee (excluding any additional costs) will be issued depending on the amount of time between cancellation and the scheduled date: 

• Over 2 weeks before the scheduled date: 100% refund 
• Over one week before the scheduled date: 75% refund
• 3-7 days before the scheduled date: 50% refund 
• Less than 3 days before the scheduled date: no refund 

Equus Empeiria is not responsible for refunding any costs in relation to venue hire, accommodation, flights etc. If the clinic organiser would like these costs refunded he/she needs to organise this individually with the associated companies. 

If Equus Empeiria needs to cancel the clinic due to reasons such as illness or injury and rescheduling is not possible, you will receive a full refund.

 

AMENDMENT OF THE TERMS AND CONDITIONS 

These Terms of Use may be updated periodically. By continuing to use the Services after any such updates, you agree to be bound by the revised Terms. We recommend that you regularly visit this page to stay informed of any changes to the Terms. We will also notify you via email when changes are made.

PRIVACY POLICY

Your use of the Services is subject to our privacy policy, which is incorporated into these Terms.  By using any of the Services, you acknowledge and consent to Equus Empeiria’s collection and use of information as set forth in the privacy policy. Please see our PRIVACY POLICY for more information

 

DISCLAIMERS; LIMITATIONS OF LIABILITY 

IMPORTANT NOTICE

The activities demonstrated in all videos are carried out by professionals or under professional supervision. Equus Empeiria strongly advises against attempting these activities unless you are physically capable and have the necessary skills to do so safely. Horse riding is inherently risky. Ensure you are familiar with the horse and wear appropriate clothing, footwear, and protective gear. Any activities performed with your horse after watching these videos are undertaken at your own risk.

You accept full responsibility and assume all risks associated with your use of the Services. The Services, including any Products provided, are offered "as is" without any express or implied representations or warranties. This includes, but is not limited to, warranties of title, non-infringement, and implied warranties of merchantability or suitability for a particular purpose.

Although we strive to provide accurate information in the Services, errors or omissions may still occur. Upon receiving notice of any errors or omissions, we will make reasonable efforts to rectify them promptly. However, we do not guarantee or make any representations regarding the accuracy, completeness, performance, currency, or suitability for a particular purpose of the Services. We do not warrant that the Services will meet your expectations or requirements, nor do we guarantee the results obtained from using any information included in the Services.

Neither Equus Empeiria nor its partners will be responsible for any indirect, punitive, incidental, special, or consequential damages that result from, or are in any way connected to, your usage of, delay in using, or inability to access the Services. Our responsibility for direct damages is strictly limited to the total amount you paid for the Products associated with such claims. The exclusion or limitation of liability for consequential or incidental damages is not permitted in some states or jurisdictions; hence, these limitations may not apply in your situation. If the exclusions of warranty or the limitations of liability set forth herein are deemed unenforceable or inapplicable due to any reason, the maximum liability of Equus Empeiria for any type of damages shall be the lesser of either (i) the amount you paid for the product concerned, or (ii) $200AUD.

You bear all responsibility and obligation regarding any decisions, advice, conclusions, or recommendations that arise from using the Services, including but not limited to, any actions or decisions you undertake based on the Products. The Services should not be interpreted as an endorsement, solicitation, offer, or opinion by Equus Empeiria or our affiliates, principals, or content providers, for engaging in any financial transactions or purchasing any financial instruments, such as securities or any type of investment. Remember, past performance does not predict future outcomes.

You assume full responsibility and risk for your use of the Services. There is no assurance that you will generate any income or achieve specific outcomes using the methods and ideas presented through the Services. All information offered through the Services is for educational purposes only, intended for a broad audience, and not as specific guidance tailored to any individual or business. The information provided through the Services should not be interpreted as medical, psychological, financial, accounting, legal, or any other form of professional advice. We strongly recommend consulting with a properly licensed professional if you require such advice.

LAW, JURISDICTION 

These Terms shall be governed by the laws of Australia, without regard to conflict of laws rules. You and We (Equus Empeiria) agree that any action or dispute between us will be resolved exclusively in Australia.

Contact Information:

Company Name: Equus Empeiria

Email: [email protected]

Postal address: 90 Old Sale Road, Garfield North, Victoria, Australia 3814