WEBSITE TERMS OF USE

The Australian Turf Club (ABN 81 148 157 288) (referred to as “the Races”, “we” and “us”) operate the website www.theraces.com.au (“Website“). Our principal place of business is at 77-79 Alison Road, Randwick NSW 2013 Australia.

These terms of use (“Terms of Use“) set out the legal terms and conditions on which we allow you to access our Website. By accessing, browsing or otherwise using our Website, you accept these Terms of Use, without limitation or qualification. If you do not accept these Terms of Use, you are not entitled to access or use the Website and you should leave the Website immediately.

  • Disclaimer
    • The Races gives no guarantee that the Website, or any content on it, will be free from errors or omissions. We use reasonable efforts to include accurate and up-to-date information on the Website; however we do not make representations, warranties or guarantees, whether expressed or implied, that the information on this Website is complete or accurate.
    • By using this Website, you agree that the Races will not have responsibility to any person for any false, inaccurate or misleading information or for any interpretation or opinion or conclusion you may form as a result of using this Website.
    • This Website will be updated periodically and the information available from this Website will change at any time. In no event will the Races be liable for any loss arising as a result of the inaccuracy, incompleteness or alteration of information contained on this Website.
  • Our Website
    • Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
    • All access to, and use of, our Website is at your own risk. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and that they comply with them.
    • The Website and the content on it are provided for general information and entertainment purposes only. They are not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
  • Social Media
    • The Races uses a number of social media platforms (e.g. Twitter, Facebook and Instagram). These may change over time. We reserve the rights to change any such social media platforms in our discretion.
    • Third party social media platforms will be governed by their own terms of use and privacy policies.
    • The Races does not endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users on the various social media platforms that the Races may use. Any information or material posted, uploaded, commented on or tagged by users online and/or on any social media, including advice or opinions, are the views and responsibility of those users.
    • Users must not post, upload and/or tag any comment, content or link to the Website or the social media platforms used by the Races (Social Media Sites) which do not comply with these Terms of Use, including if it is defamatory, harassing, bullying, indecent or inflammatory.
    • The Races may moderate any posts, uploads and/or tags to the Website or the Races’ Social Media Sites and may remove any content that, in the Races opinion, is inappropriate. While we may review the content regularly, there may be times when inappropriate content is viewable before it can be removed.
    • The Races does not undertake to inform users when such content has been moderated or removed. The Races may provide warning, or otherwise block comments or users from posting, commenting or tagging the Races on our various Social Media Sites at our sole discretion.
    • The Races may copy, reproduce, publish and/or display content uploaded to various social media sites that comment on and/or tag the Races and may use it for any purpose (including without limitation, any future promotions or campaigns involving the Races) at any time in the future, and via any media. You can request your content to be removed at any time by using the Contact Us page of our Website.
    • Any personal information you provide about yourself, or the person(s) appearing in content you have tagged, commented on or re-posted to the Races Website or Social Media Sites may be used by the Races to conduct campaigns, research and marketing activities. You must obtain all required consents for us to do this before you tag the Races or otherwise provide access to material to us.
    • Third parties may comment on, link to, re-post, or otherwise deal with content the Races uploads on the Website or on any of its Social Media Sites.
  • Liability
    • To the extent permitted by law, the Races is not responsible to you or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss or losses resulting from security failure, disclosure of confidential information by other parties or transmission of a computer virus suffered in connection with the use of this Website, whether based on breach of contract or warranty, tort (including negligence) or otherwise. The Races excludes, to the extent permitted by law, any liability which may arise as a result of the use of the Website.
    • By using this Website, you agree to indemnify the Races for any loss or liability arising out of your use. Use of the Website is at your own risk and you assume full responsibility and risk for loss resulting from your use of, or access to data, information and other materials on or through this Website.
  • Our rights
    • The copyright in this Website belongs to the Races or its licensors. You must not alter, reproduce, appropriate, store in a retrieval system or transmit the material on this Website or any part of it. The images, logos and names on this Website which identifies the Races are proprietary marks of the Races or its licensors. All rights in relation to copyright and trade marks are reserved.
    • Any communications or materials you send to us through the Website by electronic mail, or by tagging the Races via Facebook, twitter or Instagram, or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, images, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, advertising and marketing ourselves and our services.
    • Nothing on this Website constitutes a grant or an intention or commitment to grant any right, title or interest in any intellectual property of the Races.
  • Viruses
    • We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website and we recommend that you use your own virus protection software.
    • You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you might commit a criminal offence under the Crimes Act 1900 (Cth) as well as under criminal laws of the Australian States. In the event of a breach of this provision, your right to use our Website will cease immediately. We will also report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
  • Third party websites
    • The Website may contain links to third party websites. These links are provided for convenience only and we are not responsible for the content or material contained in, or obtained through, any third party website.
    • Our links to the linked websites should in no way be construed as an endorsement, approval or recommendation by us of the owners or operators of the linked website or of the content, products or services contained on or referred to by the linked websites
  • Your personal information

We will only collect, use or disclose your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important information and terms which apply to you.

  • Governing law and jurisdiction

These Terms of Use are governed by the laws of New South Wales, Australia, and applicable Commonwealth laws. You and we both agree that the courts of New South Wales and the federal courts of Australia will have non-exclusive jurisdiction for any disputes arising from or in connection with these Terms of Use.

  • Contacting us

If you have any questions about the Website or these Terms of Use, please contact us using the form on the Contact Us page of our Website and our customer services team will be happy to assist you.

Thank you for visiting our Website.

Terms of Use last updated September 2016

 

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