Terms and Conditions - Australian Campdraft Association

PLATFORM TERMS AND CONDITIONS

Last updated: 26 March 2026

IMPORTANT — PLEASE READ CAREFULLY. These Terms and Conditions govern your access to and use

of the Platform. By accessing or using the Platform, you agree to be bound by these Terms. If you do not

agree, you must not access or use the Platform. These Terms contain important provisions that limit the

Platform Owner’s liability to you, including in respect of transactions, livestock injuries, personal injury,

and loss or damage of any kind.

1. DEFINITIONS

In these Terms, the following definitions apply unless the context otherwise requires:

ACL means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Campdrafting Event means any competition, event, trial, training session, or similar activity involving the drafting of cattle on horseback that is advertised, organised, or connected through the Platform.

Content means any text, images, video, audio, data, listings, descriptions, or other material uploaded or submitted to the Platform by a User.

Horse Transaction means any sale, purchase, lease, agistment, consignment, or other dealing in a horse that is facilitated, advertised, or connected through the Platform.

Inherent Risk means the risks that are ordinarily and inherently associated with horses and equine activities, including without limitation: the unpredictable and dangerous nature of horses; the risk of a horse bucking, rearing, biting, kicking, bolting, stumbling, or otherwise behaving in an unexpected manner;

the risk of falling from or being struck by a horse; the risk of equipment failure; ground or environmental hazards; and risks associated with cattle, dogs, and other animals involved in camp drafting activities.

Platform means the mobile application and associated website and services operated by the Platform Owner under the name Australian Campdraft Association

Incorporated – Mobile Application, including all features, tools, content, and infrastructure made available through it.

Owner means Australian Campdraft Association Incorporated ABN 33 767 694 241, its officers, directors, employees, agents, contractors, successors, and assigns.

Terms means these Platform Terms and Conditions, as amended from time to time.

User means any person who accesses or uses the Platform, whether as a buyer, seller, event organiser, event participant, or otherwise.

User Agreement means any agreement, contract, or arrangement entered into between two or more Users through or in connection with the Platform, whether or not the Platform Owner is a party to it.

2. NATURE OF THE PLATFORM

2.1 The Platform is a marketplace and information service only. The Platform Owner provides

technology infrastructure that enables Users to connect with each other, to advertise horses for

sale, to arrange Horse Transactions, and to advertise and participate in Camp Drafting Events.

2.2 The Platform Owner is not a party to any User Agreement. The Platform Owner does not buy or sell

horses, does not organise or conduct Camp Drafting Events, and does not take possession of, or

assume responsibility for, any horse or livestock at any time.

2.3 The Platform Owner does not act as agent, broker, auctioneer, or fiduciary for any User. No

relationship of agency, partnership, joint venture, or employment arises between the Platform

Owner and any User by reason of these Terms or use of the Platform.

2.4 All Horse Transactions and arrangements for Camp Drafting Events are made solely between Users.

The Platform Owner has no control over, and accepts no responsibility for, the quality, safety,

legality, fitness for purpose, or accuracy of any listing, horse, event, or transaction.

3. ACCEPTANCE AND ELIGIBILITY

3.1 By accessing or using the Platform, you represent and warrant that you:

(a) are at least 18 years of age, or if under 18 years of age, are accessing the Platform with the

consent and supervision of a parent or legal guardian who accepts these Terms on your behalf;

(b) have the legal capacity to enter into a binding contract;

(d) have read and understood these Terms and agree to be bound by them.

3.2 If you use the Platform on behalf of a business, organisation, or other entity, you represent and

warrant that you are authorised to bind that entity to these Terms and that your acceptance

constitutes acceptance by that entity.

3.3 The Platform Owner reserves the right to suspend or terminate access for any User who provides

false or misleading information or breaches these Terms.

4. USER ACCOUNTS

4.1 You are responsible for maintaining the confidentiality of your account credentials and for all

activity conducted through your account. You must notify the Platform Owner immediately if you

become aware of any unauthorised access to or use of your account.

4.2 You must provide accurate and complete information when creating an account and must update

that information promptly if it changes.

4.3 The Platform Owner may, at its sole discretion and without notice or liability, suspend or terminate

any account, or remove any listing or Content, for any reason including breach of these Terms,

fraudulent conduct, or any other conduct the Platform Owner considers inappropriate.

5. LISTINGS AND CONTENT

5.1 Users are solely responsible for the accuracy, completeness, and legality of all Content they post on

the Platform, including horse listings, descriptions, photographs, veterinary records, and event

details.

5.2 By posting Content on the Platform, you represent and warrant that:

(a) you have all necessary rights, licences, and permissions to post the Content;

(b) the Content is accurate and not misleading in any material respect;

party; and

(d) the Content complies with all applicable laws and regulations, including any animal welfare,

biosecurity, and livestock identification laws.

5.3 The Platform Owner does not verify, endorse, or warrant the accuracy of any listing or Content

posted by a User. The Platform Owner has no obligation to monitor Content but reserves the right to

remove any Content at its discretion without notice or liability.

5.4 Users must not post Content that is false, misleading, defamatory, offensive, illegal, or in breach of

any applicable law.

6. HORSE TRANSACTIONS

6.1 Any Horse Transaction conducted through or in connection with the Platform is a transaction solely

between the buyer and the seller. The Platform Owner is not a party to and accepts no responsibility

for any Horse Transaction.

6.2 Users are responsible for conducting their own due diligence before entering into any Horse

Transaction, including obtaining independent veterinary examinations, verifying ownership and

title, checking livestock identification documentation, and satisfying themselves as to the horse’s

health, soundness, temperament, and fitness for purpose.

26/03/2026, 10:19 Horse Platform — Terms & Conditions

The Platform Owner makes no representation and gives no warranty, express or implied, as to the

fitness for purpose, soundness, health, temperament, performance, value, or any other

characteristic of any horse listed on the Platform.

6.4 Disputes arising from Horse Transactions are disputes between the relevant Users. The Platform

Owner has no obligation to mediate, resolve, or otherwise participate in any such dispute.

6.5 Users are responsible for complying with all applicable laws, regulations, and requirements in

connection with any Horse Transaction, including biosecurity laws, livestock movement

requirements, brand registration requirements, and applicable state and territory regulations.

7. CAMPDRAFTING EVENTS

7.1 The Platform may facilitate the advertising of and registration for Campdrafting Events. The

Platform Owner is not the organiser of any Campdrafting Event and has no responsibility for the

conduct, safety, organisation, or outcome of any event.

7.2 All Campdrafting Events are organised and conducted solely by the relevant event organiser, who

is solely responsible for:

(a) the safety of participants, horses, and spectators;

(b) compliance with all applicable laws and regulations, including occupational health and safety

laws, animal welfare laws, and the rules of any applicable governing body;

(d) the accuracy of all event information posted on the Platform.

7.3 Participation in any Campdrafting Event involves Inherent Risk. By registering for or participating

in any Campdrafting Event through the Platform, you acknowledge and accept all Inherent Risks

associated with that participation.

7.4 The Platform Owner does not verify and makes no representation as to the safety, suitability,

legality, or fitness for purpose of any Campdrafting Event advertised on the Platform.

8. INHERENT RISK ACKNOWLEDGMENT

8.1 You acknowledge and agree that:

(a) horses are large, powerful, and unpredictable animals and that activities involving horses carry

a significant risk of serious personal injury, death, or property damage;

(b) camp drafting activities carry additional risks arising from the interaction of horses, cattle,

dogs, riders, and other participants in confined or semi-confined spaces;

equine activities;

(d) you voluntarily assume all Inherent Risk arising from any equine activity, Horse Transaction, or

Camp Drafting Event that you engage in through or in connection with the Platform; and

(e) you are responsible for ensuring that all persons accompanying you, including minors in your

care, are adequately supervised and protected when participating in any equine activity.

8.2 You acknowledge that you have sought and are relying on your own independent advice and

assessment before engaging in any equine activity, Horse Transaction, or Camp Drafting Event, and

that you are not relying on any information or representation provided by the Platform Owner.

9. EXCLUSION AND LIMITATION OF LIABILITY

9A. General Exclusion

9.1 To the maximum extent permitted by law, the Platform Owner excludes all liability to any User or any

third party for any loss, damage, cost, expense, injury, death, or other liability of any kind arising out

of or in connection with:

(a) access to or use of, or inability to access or use, the Platform or any feature or service of the

Platform;

(b) any Content posted on the Platform by any User;

unsoundness in a horse, any failure of title, or any other matter arising from a Horse

Transaction;

(d) any Camp Drafting Event, including personal injury, death, property damage, or loss arising

from or in connection with participation in any event;

(e) any Inherent Risk associated with horses, equine activities, cattle, or camp drafting activities;

(f) any error, omission, inaccuracy, or incompleteness in any listing or Content on the Platform;

(g) any conduct of any User, including fraudulent, negligent, or unlawful conduct;

(h) any interruption, suspension, or termination of the Platform or any feature of the Platform;

(i) any unauthorised access to, alteration of, or deletion of any Content or data;

(j) any failure of any third-party service, system, or infrastructure; or

(k) any other matter arising out of or in connection with these Terms or your use of the Platform,

whether arising in contract, tort (including negligence), statute, equity, or otherwise, and whether

or not the Platform Owner was advised of the possibility of such loss or damage.

9B. No Consequential Loss

To the maximum extent permitted by law, the Platform Owner is not liable for any indirect,

consequential, special, incidental, or punitive loss or damage of any kind, including loss of profit,

loss of revenue, loss of data, loss of goodwill, loss of business opportunity, or wasted expenditure,

arising out of or in connection with the Platform or these Terms, regardless of the cause of action

or the theory of liability asserted.

9C. Australian Consumer Law

9.3 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy

that cannot lawfully be excluded, restricted, or modified, including any guarantee under the ACL.

9.4 To the extent that the Platform Owner is liable for a failure to comply with a consumer guarantee

under the ACL, and the Platform Owner is permitted by law to limit its liability, the Platform Owner’s

liability is limited at its option to:

(a) in the case of services: the resupply of those services or payment of the cost of having those

services resupplied; and

(b) in the case of goods: the repair or replacement of the goods or supply of equivalent goods, or

payment of the cost of having the goods repaired or replaced or equivalent goods supplied.

9D. Aggregate Cap

9.5 To the extent that any liability of the Platform Owner is not fully excluded under these Terms, the

total aggregate liability of the Platform Owner to any User in connection with these Terms or the

Platform, however arising, is limited to the amount actually paid by that User to the Platform Owner

in the 12 months immediately preceding the event giving rise to the claim, or $100.00 (whichever is

greater).

10. INDEMNITY

10.1 You agree to indemnify, defend, and hold harmless the Platform Owner and its officers, directors,

employees, agents, and contractors from and against any claim, demand, liability, loss, damage,

cost, or expense (including legal costs on a solicitor-client basis) arising out of or in connection

with:

(a) your use of the Platform;

(b) any Content you post on the Platform;

(d) your participation in any Camp Drafting Event connected to the Platform;

(e) your breach of these Terms; or

(f) your breach of any applicable law or the rights of any third party.

11. PLATFORM AVAILABILITY

11.1 The Platform Owner does not warrant that the Platform will be available at all times, free from

errors, viruses, or other harmful components, or that any defect will be corrected. The Platform is

provided on an ‘as is’ and ‘as available’ basis.

11.2 The Platform Owner may modify, suspend, or discontinue the Platform or any feature of the

Platform at any time without notice or liability.

12. INTELLECTUAL PROPERTY

12.1 All intellectual property rights in the Platform (excluding User Content) are owned by or licensed to

the Platform Owner. Nothing in these Terms grants you any right, title, or interest in the Platform or

its intellectual property.

12.2 By posting Content on the Platform, you grant the Platform Owner a non-exclusive, royalty-free,

worldwide, perpetual licence to use, reproduce, modify, adapt, publish, distribute, and display that

Content for the purposes of operating and promoting the Platform.

13. PRIVACY

13.1 The Platform Owner collects, uses, and discloses personal information in accordance with its

By using the Platform, you consent to the collection, use, and disclosure of your personal

information as described in the Privacy Policy.

14. PROHIBITED CONDUCT

14.1 You must not use the Platform to:

(a) engage in any unlawful activity, including fraudulent misrepresentation, breach of consumer

protection laws, or contravention of animal welfare or biosecurity legislation;

(b) post false, misleading, or deceptive Content;

(d) interfere with or damage the Platform or any User’s enjoyment of the Platform;

(e) collect or harvest the personal information of other Users without consent; or

(f) post unsolicited commercial communications or spam.

15. DISPUTES BETWEEN USERS

15.1 Disputes arising from any Horse Transaction or Camp Drafting Event are disputes solely between

the relevant Users. The Platform Owner has no obligation to, and will not, participate in or resolve

any dispute between Users.

15.2 The Platform Owner may, at its absolute discretion and without any obligation to do so, provide a

mechanism for Users to report disputes through the Platform. Any such mechanism is provided as a

convenience only and does not create any obligation on the Platform Owner.

16. AMENDMENTS

16.1 The Platform Owner may amend these Terms at any time by posting the amended Terms on the

Platform. Your continued use of the Platform after the posting of amended Terms constitutes your

acceptance of the amended Terms.

16.2 It is your responsibility to review these Terms regularly. If you do not agree with any amendment,

you must cease using the Platform.

17. GOVERNING LAW AND JURISDICTION

17.1 These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive

jurisdiction of the courts of Queensland and the Federal Court of Australia in connection with any

dispute arising under or in connection with these Terms.

18. GENERAL

18.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement

between the Platform Owner and each User in relation to the Platform and supersede all prior

representations, agreements, and understandings.

18.2 Severability. If any provision of these Terms is found to be invalid, unenforceable, or illegal, that

provision will be severed and the remaining provisions will continue in full force and effect.

18.3 Waiver. A failure or delay by the Platform Owner to exercise any right or remedy under these Terms

does not constitute a waiver of that right or remedy.

18.4 No Assignment. You may not assign or transfer your rights or obligations under these Terms

without the prior written consent of the Platform Owner. The Platform Owner may assign or transfer

these Terms or any rights or obligations under them without restriction.

18.5 Force Majeure. The Platform Owner is not liable for any failure to perform its obligations under these Terms to the extent that such failure is caused by circumstances beyond the Platform Owner’s reasonable control.

18.6 Notices. Notices from the Platform Owner to you may be given by posting to the Platform, by email

to the address associated with your account, or by such other means as the Platform Owner

determines. Notices from you to the Platform Owner must be sent to ${email}.

LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

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