The use of this website by a person ("you", "your")
is subject to:
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the Terms and Conditions;
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the Australian Stud Book Website Privacy Policy;
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any other terms contained on this website,
(collectively "Terms of Use") whether or not you become a registered
subscriber to studbook.org.au. The Terms of Use contain important information,
including warranty disclaimers and limitations of liability. By using this
website, you agree to be bound by the Terms of Use. If you do not agree to the
Terms of Use, you must not use this website.
Terms and Conditions
Official Australian Stud Book Records ("studbook.org.au", "website").
This site is operated by Racing Information Services Australia Pty Ltd ("RISA", "we", "our").
1. What you must do
1.1 You must use studbook.org.au and the services and material made available
on or via the website in a responsible manner.
2. What you must not do
2.1 The contents of the Site are only for your personal, non-commercial use.
You agree not to interrupt, or attempt to interrupt, the operation of the Site
in any way. You must not share this service with any other person or
organisation.
The Australian Stud Book also reserves the right to restrict, suspend or
terminate your access to the subscription section of the Site in whole or in
part, without notice, with respect to any breach or threatened breach by you of
any portion of this Agreement. If the Australian Stud Book terminates this
Agreement based on a breach of any portion of this Agreement, the Australian
Stud Book reserves the right to refuse to provide a subscription or any
fee-based services to you in the future.
2.2 You must not:
(a) use any of studbook.org.au, information for any activities;
(b) post or transmit to or via any of studbook.org.au, any information or
materials,
which breach any laws or regulations, infringe a third party's rights, or are
contrary to any relevant standards or codes.
2.3 You must not:
(a) use any of studbook.org.au, information in a way;
(b) post to or transmit to or via any of studbook.org.au, information any
material,
which interferes with other users or defames, harasses, threatens, menaces,
offends or restricts any person or which inhibits any other user from using or
enjoying studbook.org.au.
2.4 You must not:
(a) make any fraudulent or speculative enquiries using studbook.org.au;
(b) use another's name, username or password without permission;
(c) post, or transmit via studbook.org.au, any obscene, indecent, inflammatory
or pornographic material or material that could give rise to civil or criminal
proceedings;
(d) reverse engineer any part of, tamper with, hinder the operation of or make
unauthorised modifications to any of studbook.org.au and the Application;
(e) knowingly transmit any virus or other disabling feature to studbook.org.au;
(f) attempt any of the above acts or permit or authorise another person to do
any of the above acts.
3. Third Party Content
3.1 studbook.org.au contains information on and advertisements for products and
services of parties other than RISA ("third parties"). These
third party products, services and information are not provided or endorsed by
us and any legal relationship you may enter in respect of these things is with
the relevant third party supplier.
3.2 studbook.org.au may contain links to the websites of third parties, which
websites are not operated or controlled by RISA ("third party websites").
Provision of a link should not be construed as an endorsement or approval of
the third party website by RISA who are not responsible for the
content of third party websites, which are not covered by the Terms of Use. You
access third party websites at your own risk. Third party websites should have
their own terms of use which you should read.
3.3 We may receive fees from third parties for goods and services of such third
parties displayed or made available on studbook.org.au or accessible through a
hyperlink on studbook.org.au. You acknowledge and consent to us receiving such
fees.
4. Subscription content and information on studbook.org.au
4.1 If you subscribe to the subscriber areas of the website or use the Alerts
or the Application you will be able to download certain racing and breeding
information.
This material is provided for your private, non-commercial use, and you may not
(directly or indirectly) distribute, modify, translate, publish, rebroadcast,
transmit or communicate this material or create derivative works from it.
5. Subscription
5.1 You agree to any limitations published on studbook.org.au on the
downloading of multimedia from the website.
5.2 You agree that RISA may terminate your subscription should your
usage of studbook.org.au exceed any specified limitations.
5.3 To subscribe to and access the subscriber areas of the website, you must
provide complete and accurate information as required in the subscriber
registration form. The website's Privacy Policy explains how such information
may be collected and used). You must also supply your credit card information
to RISA's credit services provider. Your
ability to purchase subscriber services is subject to limits established by
your credit card issuer. RISA is not responsible for and must not be held
liable for any breaches in transaction security by any third party.
6. Security
6.1 For security reasons we may require you to re-authenticate yourself from
time to time, for example after a period of inactivity on the connection
between your browser and the studbook.org.au servers. We are not responsible
for any information you may lose if the studbook.org.au servers terminate your
browser session due to prolonged periods of inactivity between your browser and
the studbook.org.au servers.
7. Copyright and Trade Marks
7.1 studbook.org.au, the material on studbook.org.au, including all text,
photos, graphics or audio, visual or audio-visual works or any other data,
information or material ("Material"), the software, design, text and
graphics comprised in studbook.org.au and the selection and layout of
studbook.org.au are owned or licensed by RISA and protected by
copyright under the laws of Australia and other countries. By making available
such Material and other things, RISA does not authorise you to
infringe the intellectual property or other rights of any person in any way and
you agree that you must not do so.
7.2 You may download Material from this website and print out that Material,
but only for your own private, non-commercial use. Otherwise (except as
permitted by the Copyright Act 1968 (Cth)), no Material or any part of the
website may, directly or indirectly, be used, reproduced, published, broadcast,
communicated, transmitted or adapted in any way or in any medium or form
without the prior written consent of RISA.
7.3 All logos, word marks or combinations of these contained in the website are
trade marks or registered trade marks of RISA or their respective
owners.
8. Indemnity
8.1 You indemnify us and our officers, employees, agents and related bodies
corporate from and against all actions, claims, suits, demands, damages,
liabilities, costs or expenses arising out of or in any way connected to the
use of studbook.org.au by you or someone using your name and password.
9. Disclaimer and limitation of liability
9.1 To the extent permitted by law, neither we nor any of our officers,
employees, agents or related bodies corporate will be liable in any way
(including for negligence) for any loss, damage, costs or expenses suffered by
you or claims made against you relating to any of your use of studbook.org.au,
and any products, services or information supplied, offered to be supplied or
advertised on studbook.org.au.
9.2 To the extent permitted by law, all warranties, conditions and
representations about studbook.org.au, the availability of studbook.org.au for
access and use, the products and services advertised, offered to be supplied or
supplied via studbook.org.au and the information provided on studbook.org.au
are excluded.
9.3 RISA does not warrant that:
(a) the website or any services provided via the website, including (without
limitation) the services in the subscriber areas of the website, information,
will be uninterrupted or error free or provided without delay or in a timely
fashion;
(b) defects or errors in the website or any services provided via the website
will be corrected;
(c) the website or any services provided via the website will be free from
viruses or other harmful content or components;
(d) any information contained in the website or provided as part of any of the
services provided via the website will be accurate or reliable.
10. Use of your information and material
10.1 When you send us any feedback, suggestions, ideas, requests or other
materials in relation to or via studbook.org.au, you agree that RISA
can use, reproduce, publish, modify, adapt, communicate and transmit them to
others free of charge and without restriction, subject to our obligations under
any applicable laws.
11. Prices, Payments and Goods and Services Tax ("GST")
11.1 If GST is imposed on any supply made by us through studbook.org.au, you
must pay to us, in addition to any consideration payable or to be provided by
you for this supply, an amount for the supply calculated by multiplying the
prevailing GST rate by the consideration for the relevant supply payable or to
be provided (without any deduction or set off) by you for that supply.
11.2 Any amount payable by you is payable on demand by us, whether such demand
is made by an invoice or otherwise.
11.3 All prices displayed and products and services offered to be supplied on
studbook.org.au are subject to change without notice.
11.4 Charges for accessing the internet may be levied against you as a result
of or in association with your use of studbook.org.au. All such charges are
levied as between you and your internet service provide or mobile telephone
carrier (as the case may be) and are not the responsibility of RISA.
12. Changes
12.1 We may amend the Terms of Use from time to time by posting the amended
version on studbook.org.au. Accordingly, we recommend that you check this web
page (on the studbook.org.au website) regularly for any changes. Your continued
use of this website after posting of any amendments will be deemed to
constitute acceptance of the amendments.
12.2 We may change, suspend or discontinue any aspect of the website at any
time, including the availability of any website feature, database, or content.
We may also impose limits on certain features and services or restrict your
access to parts of, or the entire, website without notice or liability.
13. Termination
13.1 If, in RISA's reasonable opinion, you breach any of the Terms of
Use, we may suspend, terminate or limit your access to studbook.org.au and
terminate the Terms of Use effective immediately without notice to you.
14. General Matters
14.1 The Terms of Use are governed by the laws of New South Wales, Australia.
You agree to submit to the exclusive jurisdiction of the courts of New South
Wales for determining any dispute concerning the Terms of Use.
14.2 If any of the Terms of Use are invalid or unenforceable, it will be struck
out and the remaining terms will remain in force.
14.3 If we do not act in relation to a breach by you of the Terms of Use, this
does not waive our right to act with respect to subsequent or similar breaches.
© Racing Australia Pty Ltd. All rights
reserved.
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