Terms
- Terms and Conditions
Welcome to www.buyaracehorse.com.au (the "Website"). The Website is owned and operated by the Racing Group Pty Ltd ACN 607 775 388 (referred to below as ?Racing Group", "we" and "us").
The use of this Website is subject to the following Terms and Conditions and any additional terms and conditions and notices displayed by us on this Website from time to time (together "Terms of Use"). In the Terms of Use, "you" and "your" are references to the person accessing or using this Website or the goods and services provided through or in connection with this Website ("Goods and Services ").
Please read the following Terms of Use carefully before using the Website or ordering any Goods and Services.
1. Acceptance
1.1 These Terms of Use govern your access to and use of the Website, including any information, content or materials that are located on, form part of or are available through or in connection with the Website ("Website Material").
1.2 By browsing, accessing or using the Website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and warrant that you have read, understood and agree to be bound by the Terms of Use and any additional terms and conditions notified to you from time to time.
1.3 The Terms of Use form a legally binding agreement between Racing Group and you. If you do not agree to the Terms of Use, you must immediately exit and not access or use the Website.
2. Types of Users
2.1 Subject to these Terms of Use, you may browse our Website anonymously via the Internet and without providing us with any personally identifying information (an ?Unregistered User?).
2.2 While we allow you to access and browse our Website anonymously, in order to make use of the full functionality of the Website, you will need to create an account with us (at which point, you will become a "Registered User").
2.3 Once you have submitted your request to create an account with us, we will ordinarily send you an email requiring you to verify the email address provided. We may refuse any request to create an account with the Website and we do not need to give reasons for doing so.
2.4 Both Unregistered Users and Registered Users are referred to collectively in these Terms of Use as ?Users?. We may make varying levels of functionality available to different Users (including access to customer reviews and special offers), depending on whether they are Unregistered Users or Registered Users.
2.5 In order to become a Registered User, you will need to provide us with a certain personal information as requested by the relevant registration page on this Website which at the time of so providing you warrant is true and correct. You must promptly notify and update Racing Group if any of your information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to Racing Group contacting you via such means.
2.6 We will collect, hold, use and disclose all personal information you provide to us when becoming a Registered User in accordance with the ?Privacy? section of these Terms of Use below.
2.7 If you are a Registered User, you must not disclose your username or password for the Website to any other person. If you have lost your username and/or password, or you have any reason to believe that someone else has access to your account, you should notify us immediately.
2.8 If you are a Registered User, you should change your password on a reasonably frequent basis. The Website may prompt you to do so, from time to time.
3. Direct marketing
3.1 If you become a Registered User, you will be offered the opportunity to ?opt in? to receiving marketing materials from both us and our partners. If you opted in, you have thereby consented to receiving a variety of marketing materials from both us and our partners (including promotional deals, product education and other such materials) via the communication channels you indicated at that time. If you did not opt in you will never receive such materials from us.
3.2 If you initially agreed to receive direct marketing materials but subsequently change your mind, there are a number of ways by which you can unsubscribe or ?opt-out?. Firstly, you can log on to your user account on the Website and change your preferences and settings. Secondly, you can in many cases unsubscribe via the marketing materials themselves. For example, any direct marketing emails we send to you will contain a functional ?unsubscribe? feature which will always be valid for at least 30 days from the date of the communication.
4. Use of Website
4.1 Racing Group provides a platform for enabling you and the suppliers of the Goods and Services ("Suppliers") to interact with each other. Racing Group accepts no liability for any aspect of the interaction between you and a Supplier.
4.2 The Users acknowledge and agree that this Website?s function is to connect you with Suppliers.
4.3 No claim is made as to the accuracy or authenticity of the content of the Website or the Goods and Services, that it is useful for your particular requirements or at all. Any prices, images, description of services displayed on the Website are for presentation purposes and indicative only. They should not be relied upon as an accurate representation of the final product.
4.4 We do not accept any liability to any person for the Goods and Services, information or advice (or the use of such Goods and Services, information or advice), which is provided on the Website or incorporated into it by reference. The information on the Website is provided on the basis that all persons accessing the Website undertake responsibility for assessing the relevance and accuracy of its content before relying on that information. Prices, specifications and details for particular Goods and Services will be set out in the contract between you and the relevant Supplier. You and the Supplier should independently verify the identity of the other party before entering into any binding agreement.
4.5 We do not accept any liability to any person in reference to using or visiting any location listed on or registered with the Website and any use of or visit to any location listed or registered on the Website is at the individual?s own risk. We do not accept any liability to any person in reference to purchasing Goods and Services provided by any Supplier listed on this Website and any use of or visit to any location listed following a purchase on this Website is at the individual's own risk.
4.6 We cannot accept any responsibility for the loss, damage to equipment, stock or persons during a visit to a location or external Supplier's premises as a result of any purchase from the Website. Any and all conditions of use, must be abided by any individual if visiting a facility or business or service provider that is advertising or is listed on the Website.
4.7 The information contained in the Website is not to be displayed, except in full screen format. No liability is accepted for any information or services, which may appear in any other format. No responsibility is taken for any information or services, which may appear on any linked websites.
4.8 Racing Group has no obligation to any User to assist or involve itself in any way in any dispute between Users.
5. Website Material
5.1 The Website contains a broad range of content owned by Racing Group, its related bodies corporate, suppliers and partners, some of which is protected by intellectual property laws. You acknowledge and agree that nothing in these Terms of Use grants you any right to, title in or licence of such content, and that you will access the Website in accordance with all applicable laws.
5.2 We may from time to time allow Registered Users to upload or submit certain data, information, content and materials (?User Materials?) to the Website (for example, product and service reviews or ratings). We will not systematically review such User Materials and we are not responsible for their content. If you believe that there is a problem with any of the User Materials please notify us immediately.
5.3 If you choose to submit any User Materials, you must be entitled to do so. In particular, any User Materials must not:
- (a) deceive or be likely to deceive any person
- (b) be used to impersonate any person (including Racing Group or its representatives)
- (c) misrepresent your identity or affiliation with any person
- (d) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, or racially or ethnically offensive
- (e) encourage conduct that would be considered a criminal offence, could give rise to civil liability, or violate any law
- (f) advertise any product or service or solicit any business
5.4 You acknowledge and agree that we may edit or delete any of your User Materials, or format it in a particular way. We may also use your User Materials for our business purposes, including promoting, marketing or advertising the Website. While we do not claim any ownership rights in any of your User Materials, in order to allow us to do this, by submitting the User Materials you grant us an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, copy and modify the User Materials (in whole or in part). You waive any and all moral rights you may have in respect of the User Materials (as that term is defined in Part IX of the Copyright Act 1968 (Cth)) and consent to any act or omission the doing or not doing of which would infringe such moral rights, in both cases in favour of Heinemann, its licensees and successors in title.
5.5 You must not, whether as part of the User Materials or otherwise, communicate any computer viruses or other malicious computer code to us or any other User. You must not interfere with the Website or any of its associated hardware or software and must adhere to all Website security policies and procedures.
6. Links to other websites
The Website may contain links to third party sites. Such third party websites are necessarily beyond our control and we make no representation or warranty as the accuracy or reliability of any information, data, opinions, advice or statements of their content. Racing Group is not responsible for the policies and practices of internet websites operated by persons other than Racing Group, even if: (i) you access them using links on this Website; or (ii) are directed or link to this Website using links on such websites, and recommends that you carefully review the terms and conditions of use and privacy policy of every internet website you access or use.
7. Acceptance of risk and release from liability
7.1 You are wholly responsible for your participation on the Website and you use the Website at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of the Website or your conduct in connection with the Website in any circumstance.
7.2 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website, including any breach by you of these Terms of Use.
7.3 To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the Website. You may have rights under the Competition and Consumer Act 2010 (Cth) in respect of any goods or services supplied to you under these Terms of Use. If so, our liability to you is limited to, at our election:
7.3.1 in the case of goods supplied to you by us, replacement of the goods or supply of equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods or paying the cost of having the goods repaired; or
7.3.2 in the case of services supplied or offered by us, the supply of the services again or paying the cost of having the services supplied again.
7.4 Otherwise, to the maximum extent permitted by law, neither Racing Group nor any of its officers, directors, employees, contractors, agents, information providers, suppliers, associated entities or clients will be liable for any loss, damage, cost or expense (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any information or material provided on this Website or otherwise as a result of or in connection with the use of this Website or any information or material provided on or through this Website.
8. Privacy
8.1 If you become a Registered User, you will be required to provide us with various pieces of personal information. We will collect, store, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth), and the Australian Privacy Principles.
8.2 Cookie technology on the Website may be used by Racing Group to identify your movements around the Website. This information provides with constructive feedback about the Website so that Racing Group can identify the most effective areas and improve the less popular ones. Cookies do not identify individual users. It is a feature of your Internet browser which you can disable at any time.
9. Prohibited activities
9.1 When using this Website, you must not:
9.1.1 infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
9.1.2 reproduce any Website Content (as defined below) without our express written permission, which we may grant or withhold at our absolute discretion;
9.1.3 seek reimbursement from any other party for access to the Website or on-sell any information obtained from the Website;
9.1.4 engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose;
9.1.5 submit, post, upload, email or otherwise send or transmit to the Website, or any user of the Website, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Website; or
9.1.6 interfere with the Website or the servers or networks underlying or connected to the Website or violate any of the procedures, policies or regulations of the Website or any networks connected to the Website.
10. Security
We use our reasonable endeavors to minimise viruses and bugs from infiltrating the Website, however, due to the nature of the internet, the Website may be affected by viruses or bugs from time to time. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked.
11. Intellectual Property
11.1 The entire contents and design subsisting in, relating to or arising out of the Website and available through or in connection with the Website including but not limited to copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the "Website Content") are the intellectual property of us, our content providers or our licensors, with all rights reserved.
11.2 You must not do anything, or omit to do anything, which may infringe these intellectual property rights, except with our express written permission. This includes reproducing any part of the Website or Website Content.
11.3 Unless we agree otherwise in writing, you are provided with access to this Website only for your personal, non-commercial use. You are authorised to print a copy of any information contained on this Website for your personal use, provided that you keep all copyright or other proprietary notices intact.
12. Applicable law
12.1 The content, operation and interpretation of this Website and the Terms of Use will be governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of Victoria in the event of a dispute arising out of, or in connection with, this Website.
12.2 This Website may be accessed throughout Australia and overseas. Racing Group makes no representation that the content provided by this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring that your access to this Website is not illegal or prohibited by laws which apply to you.
13. Changes to Terms of Use
13.1 Racing Group may, from time to time and with or without notice to you, make changes to this Website, the Website Material and the Terms of Use. If we do so, an amended version will be posted on the Website.
13.2 Your continued use of the Website after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes, your only remedy is to discontinue your use of the Website. You are responsible for keeping up to date with any changes by regularly reviewing these Terms of Use.
14. General
14.1 If there is a contradiction or inconsistency between these Terms of Use and any other notices, policies, communications or documents relating to the Website, these Terms of Use shall prevail to the extent of that contradiction or inconsistency.
14.2 In these Terms of Use, unless the context requires otherwise: (i) any reference to a ?person? includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words ?including?, ?include?, ?in particular?, ?for example? or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Use.
14.3 Your rights and obligations under these Terms of Use are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. We may assign, transfer, sub-contract or otherwise dispose of any or all of our rights and/or obligations under these Terms of Use without notice to you.
14.4 Each User represents and warrants that it has the authority to act on behalf of, and bind, any organisation that it represents.
14.5 Racing Group will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of this Website, the Website Material or the Services or any delay or other failure by Racing Group to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond Racing Group's control.
14.6 These Terms of Use, together with any additional terms and conditions or usage rules set out or referred to on the Website from time to time, constitute the whole agreement between us relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.
14.7 If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction shall not be affected.
15. Contacting us
If you have any questions about our Terms of Use or any queries or concerns about this Website, please email us at dale@buyaracehorse.com.au. Alternatively, you can call us on 0412 156 824 or contact us by post at 302/620 St. Kilda Road, Melbourne, VIC 3004.
