Please take the time to read these Terms and Conditions prior to using this website. These terms and conditions govern the use of the Three Red Ponies website, including the purchase of products and services from the website.
If you have any questions or need to clarify a definition of specific terms please contact Three Red Ponies before using this website
Acceptance and Agreement of these Terms and Conditions
By continuing to browse through the Three Red Ponies website, threeredponies.com.au, you expressly agree to these Terms and Conditions and you acknowledge that you have read and understood these Terms and Conditions.
By accepting these Terms and Conditions you acknowledge and accept the Three Red Ponies Privacy Policy, Disclaimers and all Copyright Notices/Policies.
Amendments
Three Red Ponies may from time to time amend these Terms and Conditions. You are encouraged to check for changes to these Terms and Conditions. All changes to these Terms and Conditions will come into effect immediately after publishing amended versions of these Terms and Conditions to the Three Red Ponies website.
Users of the Three Red Ponies can access the latest amended version of these Terms and Conditions from the Three Red Ponies website. The latest Amended version will highlight any changes since the previous version of these Terms and Conditions. Where available we will also send a notice to all past and existing users an email message advising of the changes to these Terms and Conditions.
Your continued use of the Three Red Ponies website following any amendments being published on the website constitutes an agreement by you to these Terms and Conditions as amended.
Limitations of Liability
By using this website, you agree and accept that Three Red Ponies, including Michelle Wrighton, employees and contractors, are not legally responsible or liable in any way for any direct, indirect, and/or incidental or consequential loss or damages (including negligence) you may suffer related to your use or inability to use the Three Red Ponies website. Whether from any errors or omissions in any of the information available on the Three Red Ponies website, including any goods or services that may be offered by Three Red Ponies.
Your use and reliance on any information and advice contained on the Three Red Ponies website including any third-party information, content, links, comments and advertisements for the procurement of any goods and services is entirely your own responsibility for which Three Red Ponies will not be liable for.
It is your responsibility to ensure that any product or services you procure from or via the Three Red Ponies website meets your specific and personal requirements.
In accordance to Australian Consumer Law and the Competition and Consumer Act 2010 (Cwlth), Three Red Ponies liability for any breach of these Terms and Conditions shall be limited at the option of Three Red Ponies to;
- The supply of the goods or services to you again
- The replacements of goods or supply of equivalent goods
- The repair of such goods
- The payment of having the goods or services supplied to you again limited to the session fee and/or the product price as applicable
Ordering Products or Services
Any order placed by you via this website is an offer to purchase a product or service for the price specified (inclusive of any delivery fees) on the Three Red Ponies website at the time of your order being placed.
All pricing of products, services, delivery and other charges displayed on the Three Red Ponies website are current at the time of publication, but may change at any time. Products and services are subject to availability and may vary from time to time.
Three Red Ponies reserves the right to accept or reject any offer to purchase products or services from the Three Red Ponies website for any reason. This includes but is not limited to the availability of ordered goods or services, an error in the price of products, services and delivery charges displayed on the website or an error on your order.
Delivery of Goods
Physical goods shipped by Three Red Ponies and its third-party agents may be delivered by Australia post and/or another reputable delivery service. While every endeavour is made to ensure prompt delivery of your ordered products, delivery times may vary for reasons such as public holidays, time of the order being placed, time of shipping the goods, delay in payment of goods being cleared and other delays not in control of or caused by Three Red Ponies and/or its agencies.
Damaged or lost orders for physical goods should be resolved with Australia Post or the delivery provider used for shipping the goods. Three Red Ponies is not liable or responsible for goods that are damaged in transit or not delivered. The replacement or refund of any damaged or lost goods is made at the discretion of Three Red Ponies. Options to include shipping insurance and parcel tracking (for a fee) is provided on request prior to any goods being sent.
Digital goods are not returnable or refundable, please take care when making digital file orders to ensure you are ordering the goods that you wish to purchase.
Returns and Refunds
Three Red Ponies will handle all returns and refunds in accordance with Australian Consumer legislation.
Physical Goods ordered may be returned within 14 days of delivery of the goods with a valid reason for the return of the goods. A refund or return is not provided for;
- a change of mind
- a decision you do not like the purchase
- a decision you have no use for it
- discovery of being able to buy the goods or services at a cheaper price elsewhere
- damage the goods by using them in a way that is unreasonable or unintended.
Digital goods are not returnable or refundable, please take care when making digital file orders to ensure you are ordering the goods that you wish to purchase. Three Red Ponies at its discretion may provide replacement digital goods that are the same as the originally ordered digital goods in the case where the digital files may have been corrupted prior to and on delivery
Links to other Websites
The Three Red Ponies website may contain links to other third party websites. These websites do not constitute any endorsement or sponsorship by Three Red Ponies and are provided as additional reference and further information only.
Three Red Ponies and Michelle Wrighton are not responsible for any privacy policies and practices of third party websites. Users are encouraged to check and verify any privacy practices provided by third parties. This privacy policy applies only to the information collected by Three Red Ponies both online and directly.
Disclaimer
All information on the Three Red Ponies website is provided in good faith. While we endeavour to ensure information is accurate, reliable and up to date at the time of publication on the website, Three Red Ponies does not make any representation or warranty as to the reliability, accuracy, correctness or completeness of any information, including information related to products or services, on the Three Red Ponies website.
To the fullest extent permitted by law in Australia, Three Red Ponies disclaims all warranties, representations, express or implied, including but not limited to, implied warranties of merchantability and the fitness of the goods for any particular purpose.
While every possible method known to Three Red Ponies is used to secure all information is secure Three Red Ponies gives no warranty on the information and any documents, goods or services will not be corrupted or be error free, or that the website is available and free from viruses or any other harmful components.
These Terms and Conditions and other information available from the Three Red Ponies website are written in accordance to Australian law for the supply of products or services. These Terms and Conditions may not satisfy the laws and legal requirements of other countries. Where these Terms and Conditions do not satisfy the laws in your country you have a choice to proceed or not proceed with any goods purchase. If you do, you indemnify Three Red Ponies from any costs, expenses, losses and damages that Three Red Ponies may suffer because of you placing an order.
Privacy and Your information
Please refer to the Three Red Ponies privacy policy.
Copyright
The Three Red Ponies website contains material and information that is copyright to Three Red Ponies, all rights are reserved.
This material includes, but is not limited to the design, the look, website coding, the appearance, trademarks, and all content including but not limited to text, images, photos, videos and any other content on the Three Red Ponies website.
Except as permitted under the Copyright Act 1968 (Cwlth) and/or other applicable laws, no content of the Three Red Ponies website may be used in part or whole, to reproduce, republish, duplicate, copy, sell, re-sell, distribute. adapt, perform in public, transmit in any form by any process including graphic, electronic or mechanical, further copying, recording, taping or by a storage and information retrieval system or otherwise exploited for any commercial purpose without the express written agreement from Three Red Ponies.
Three Red Ponies reserves the right to act against any person and/or business that breaches any Copyrighted works by Three Red Ponies whether on this website or not.
Any third-party references via images or similar content on this website are trademarks of their respective owners. Additionally, all brand or company names referenced in parts of the website are copyright and/or trademarks of their respective owners.
Jurisdiction
These Terms and Conditions and the Three Red Ponies website are subject to the laws of Western Australia and Australia. Any dispute between you and Three Red Ponies that results in litigation, will be subject to the exclusive jurisdiction of the courts of Western Australia.
