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The City Barn's Website Terms + Privacy Policy

Terms + Conditions
This agreement contains the complete terms of use that apply to users of thecitybarn.com website ("Site" or “Online” or “Online Store” or “The City Barn”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this Site, you acknowledge and agree to these terms of use. The City Barn reserves the right, at The City Barn discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms at regular intervals for any changes. Your continued use of the Site following any change to these terms will be deemed acceptance of those changes.

Free Freight Offer
Shop Online at thecitybarn.com.au and receive Free Freight on any order of $300.00 or more.  

Use of Materials

Personal Use
The City Barn authorises you to print, copy, re-produce, download and view materials on the Site, subject to:
·
the material being used exclusively for personal use;
·
the material not being modified in any manner; and
·
the material must display the following legal copyright notice:

"© The City Barn Ltd"
You expressly acknowledge that you must not reproduce, copy or re-design the The City Barn logo.

In the event you download material (including software) from the Site, the software, including any files, and/or images incorporated in or generated by the Software, and data accompanying the software (collectively, the "Software") are licensed to you by The City Barn. You are expressly prohibited from selling, distributing, decompiling, reverse engineering or otherwise dealing with the Software in a like manner.

Commercial Use
Copying, reproduction or distribution of material from the Site for any commercial use is expressly prohibited without The City Barn's express written consent.

Bulletin Boards, Chat Rooms & Other Online Communication Forums
You are expressly prohibited from uploading to, distributing through, or otherwise publish through the Site any inappropriate communication in any form (including, but not limited to text, images, video and/or sound). Inappropriate communications include obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening and/or offensive material.

Commercial use of bulletin boards, chat rooms and other on-line communication forums is strictly prohibited without The City Barn's express written consent.

Privacy
The City Barn will not observe, edit, or disclose the contents of any information provided to the Site by you, unless required:

· to do so by law, or in good-faith believe that such action is necessary to comply with the law; or
·
to protect the interests of other Site users; or
·
to protect The City Barn's interests.

You are expressly liable for the content of any communication (including but not limited to data, images, video, text and/or sound) which you upload to the Site. By uploading materials to the Site, you grant The City Barn a non-exclusive, royalty free, perpetual licence to use, modify, reproduce, distribute or otherwise deal with the uploaded material in any manner which The City Barn deems appropriate. In addition, you agree to waive all "moral rights" in those materials.

Information at the Site
The City Barn updates the Site regularly, however The City Barn makes no representation as to the accuracy, currency or completeness of any information at the Site. You should not rely on any of the information or services provide at the Site. All information and services at the Site are provided on an "as is" basis, without warranty express or implied and that you use the information and/or services at your own risk.

Link to Other Sites
One of the services which the Site provides is access to other sites on the internet (including sites located at the The City Barn Shopping Mall) via hyperlinks located on the Site ("Linked Sites"). While The City Barn has used reasonable endeavours to review the Linked Sites, The City Barn is not responsible for the accuracy, legality, decency of material or copyright compliance of Linked Sites.

Disclaimer
The materials in this Site are provided "as is" and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law, The City Barn disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

The City Barn makes no claim as to the accuracy of the content contained in the Site. The City Barn does not accept liability to any person for the information or advice provided on the Site or incorporated into it by reference. The City Barn does not accept any liability for loss or damages incurred by any person as a result of reliance placed upon the content of the Site or any other information incorporated by reference.

The City Barn makes no representation as to the accuracy or any other aspect of the information contained on servers linked to the Site via hyperlinks from the Site.

This information is provided on the basis that all persons accessing the Website undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk..

Indemnification
You are entirely responsible for maintaining the confidentiality of your password and account.

You are entirely responsible for any and all activities which occur under your account and agree to indemnify, defend, and hold harmless The City Barn for any liability or expense arising from such use or misuse. You agree to immediately notify The City Barn of any unauthorised use of your account.

The City Barn is not liable to any other party for any consequential, incidental or indirect loss or damage including loss of profit (whether consequential, incidental or indirect) resulting from a breach of this agreement or negligence of The City Barn or its representatives.

Jurisdiction
This agreement is construed according to and is governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts in and of Victoria in relation to any dispute arising under this agreement.

Termination
This agreement is effective from your first use of the Site until terminated by either party.

You may terminate this agreement at any time by unsubscribing to all services provided by the Site and destroying all materials obtained from the Site, all related documentation and all copies and installations thereof, whether made under the terms of this agreement.

This agreement will terminate immediately without notice from The City Barn, if in The City Barn's sole discretion, you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from the Site and unsubscribe to all services provided by the Site.

The City Barn Advice
The City Barn Advice may contain a wide variety of information including Equestrian Coaching, Saddlery Tips, Pasture Management, Showing Tips, Training Tips and Veterinary Advice along with a facility to submit queries in relation to any of the listed fields.

The information on The City Barn Advice is generic and does not take into account the physical state, medical status and/or health requirements of any particular individual or animal which are relevant to the proper diagnosis and treatment of any problem, condition or disorder. Consequently, you should never use or act upon this information without first properly consulting, and seeking proper information and advice from, a qualified Veterinary or Equine expert in relation to the individual aspects of your particular circumstances. The City Barn does not give, or purport to give, any medical advice, and is not qualified to do so.

The City Barn, its officers, employees, agents, affiliates or successors in right provide no warranty, guarantee or other representation about the accuracy or relevance of the information provided on the Advice to the users and expressly disclaim all liability for any errors, omissions and delays in respect of the information and the supply of the information. The Information is not, and should not be relied on or treated as, a substitute for proper medical advice from a qualified veterinary or suitably qualified professional in relation to the other areas noted on Advice. Neither The City Barn, its officers, employees, agents, affiliates or successors in right accept any liability, whether direct or indirect, arising from any person relying on, whether wholly or partially, upon any information contained in or linked from Advice.

The City Barn Gift Certificate Terms of Use

Terms and Conditions of Use:

Treat the Printed Gift Certificate or Emailed Certificate like cash. Defaced, mutilated, altered, lost or stolen cards or emails will not be replaced, refunded or redeemed. The Printed Gift Certificate or Emailed Certificate is: Redeemable for merchandise at The City Barn only; Not redeemable for cash and cannot be used for payment of credit or retailer accounts; Must be redeemed within 12 months of issue date shown on Printed Gift Certificate or Emailed Certificate; Will be void and may not be redeemed after expiry date; Cannot be reloaded; Is partially redeemable. It is up to recipient to use the full value before expiry date. Cash will not be given for any unused balance. Unused balance on expiry of the Printed Gift Certificate or Emailed Certificate will not be refunded or credited. If purchase exceeds available card balance, you (the named recipient) must make up difference with another payment method. You are liable for all transactions on your Gift Certificate except to extent to which there has been proven fraud or negligence by us or any of our employees. Check available Gift Certificate balance by visiting The City Barn website. We reserve the right to change any terms contained in these Terms of Use at any time. Changes to Terms of Use will be reflected on this webpage. Contact The City Barn if you have any reason to believe an error has occurred in relation to the Gift Certificate. Redemption of the issued Gift Certificate is possible through the The City Barn website or in the Showroom upon satisfactory proof of identity. The City Barn is not responsible for fraudulent redemption online or in its showroom. 

How to use this Gift Certificate:
Redemption of the issued Gift Certificate is possible through the The City Barn website or in the Showroom upon satisfactory proof of identity. Visit Gift “Certificate Redemption” for instructions.

You may also present the Printed Gift Certificate or printed Emailed Certificate at The City Barn Showroom. You can select any number of gifts up to the value of the card, or above the value - in which case you need to make up the difference with an alternate form of payment. The store will then validate the card and process your purchase. The store is not obliged to accept the use of this card on a sale of under $20. This card is partially redeemable. Within the card's 12 month validity period, any available balance can be used for multiple purchases, however any unused balance will not be refunded or credited on expiry.

Use of this Site
The City Barn maintains and operates this website for use by its customers (you).  By using this site, you accept and agree to these terms and conditions, and agree that your continued use of the site is subject to ongoing compliance with these terms and conditions.  Your consideration for entering into these terms and conditions is the provision of the use of the site by us and you acknowledge that such consideration is valuable consideration.

We may amend these terms and conditions from time to time but are not responsible for notifying you of the amendment.  Your continued use of the site implies that you have read and understood these terms and are in acceptance of them. You are solely responsible for maintaining the confidentiality of the username and password and for all activities that occur under your account.  You must notify us of any unauthorised use of your account or any other breach of integrity or security of the site immediately upon becoming aware of it.

Online Privacy Statement
This statement sets out the basis on which any personal information we collect from you at the point of sale and through The City Barn Online will be processed by us; please read it carefully.  In this statement “personal information” means information or an opinion that allows you to be personally identified.
We collect and process the personal information provided to us through The City Barn Online Store, plus details of your transactions with us to:
• Help manage The City Barn Online Store and improve the way we run it
• Understand our customers' shopping habits to improve our service
• Unless you indicate otherwise, contact you with offers and information about products and services that may be of interest to you
• Carry out obligations arising from any contracts entered into between you and us.

The information that we collect from you may be held within Australia and processed by our employees and contractors operating in Australia who work for us. By submitting your personal information, you agree to this transfer, storing and processing. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this statement. 

We may also disclose your personal information to a third party if we, or substantially all of our assets, are acquired by that third party, in which case personal information held by us about our customers will be one of the transferred assets.  The Privacy Act gives you the right to access personal information held about you. Questions, comments and requests regarding this privacy statement and your personal information held by us are welcomed and should be addressed to Data Protection Compliance Officer, The City Barn, 16A Draper Street South Melbourne, Victoria 3205. We may also use and share de-identified information relating to groups of customers, without identifying individuals, to learn more about customer behaviour and find ways of enhancing our service.

Your Online Account

The City Barn does sell products for children, but it sells them to adults, who may purchase with a credit card. If you are under 18, you may use The City Barn Online Store only with involvement of a parent or guardian. The City Barn Online Store reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Personal information provided in your Online Account will only be collected and used in accordance with the Privacy Statement above.

Termination
We may terminate these terms and conditions and your access to the site at any time without notice.  In the event of termination you must immediately cease accessing and using the site.

General
You must not assign your obligations and rights under these terms and conditions.

These terms and conditions, including any policies or documents referred to in these terms and conditions, are the entire agreement and understanding between you and us on everything connected with the subject matter of these terms and conditions and supersedes any prior agreement or understanding on anything connected with that subject matter.

We may send any notices under these terms and conditions by email at the email address provided by you. Notice is deemed to be received when the email leaves our computer system.

The laws of the State of Victoria govern these terms and conditions. The parties submit to the non exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of Australia.

Payment & Pricing Policy Orders Payment Policy
The City Barn Online Store orders accept either Direct Bank Transfer or Credit Card via Paypal. Please refer to Pay Pal terms and conditions for more information. Order totals are calculated in $AUD (Australian dollars) and include GST in the total price.  The City Barn Showroom accepts credit card payments via EFTPOS. Delivery charges are made on a flat rate basis.  Please refer to our Delivery Policy for more information. 

Pricing Policy
All of our prices are in Australian dollars (AUD) and include GST (Goods and services tax). Product prices are regularly updated when price changes are received from our suppliers.  We reserve the right to make changes to pricing at any time.

Delivery Policy, Orders Delivery Policy
Check Shipping/Returns web page.

Changing Orders & Cancellation Policy
You may be able to change your order if you advise us prior to your order being shipped. To see if your order can be changed please contact us.  If your order has been shipped, please refer to the Returns & Refund Policy to arrange to return your order, should this be required.

Lost or Stolen Order, Dispute Resolution & Customer Complaints, Lost or Stolen Order Policy
We strongly recommend you ensure you are available to sign receipt of your order, or the delivery of your order will need to be left at your door or may be left at the nearest post office parcel pickup point.  The City Barn receives confirmation from our freight carrier to confirm parcel delivery, however we cannot be responsible for your orders being stolen from your door should you not be available to sign receipt of your order.  Please ensure you provide an appropriate delivery address during business hours such as your work address to help reduce your liability.

Dispute Resolution and Customer Complaints Policy
The City Barn Online Store aims to deliver an excellent online shopping experience and we are keen to receive feedback from you to help improve our service to you.  To make an official complaint, or to provide us with feedback to assist in enhancing your online shopping experience, go here.

Disclaimers & Limitation of Liability Disclaimers & Limitation of Liability
The use of The City Barn Online Store is at your sole risk. To the full extent permissible by applicable law, neither The City Barn, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that The City Barn will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of The City Barn Online Store, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through The City Barn. This site is provided by The City Barn on an "as is" and "as available" basis. To the full extent permissible by applicable law, The City Barn makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, The City Barn disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. To the full extent permissible by applicable law, The City Barn will not be liable for any damages of any kind arising from the use of this site, or from any products purchased from this site, including but not limited to direct, indirect, incidental, punitive and consequential damages. No oral advice or written information given by The City Barn, nor its affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty or legal obligation; nor shall the user rely on any such information or advice.

The City Barn reserves the right to change any advertised price before accepting an order. All products are subject to availability and may be withdrawn at any time. If we are unable to fulfil your order, you will be offered an alternative or given a refund for the unavailable product.

Site Policies, Modifications & Severability
Please review our other policies, all posted on this site. These policies also govern your visit to The City Barn. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and operable to the extent permitted under the law, and shall not affect the validity and enforceability of any remaining condition.

Errors & Omissions
We are not responsible for any typographical errors or inaccuracies set forth in this website. The information, prices, and discounts set forth herein are subject to change without notice.

Product Descriptions
The City Barn and its affiliates attempt to be as accurate as possible. However, to the full extent permissible by applicable law, The City Barn does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

Security and Fraud Policy
The City Barn does not hold your Credit Card or Pay Pal details.