Terms of Service

 

Racingsales.com.au Pty Ltd Terms and Conditions

  1. General

1.1 These Terms and Conditions govern your use of the Racingsales.com.au website, located at www.racingsales.com.au (“Website” or “site”). This is the property of Racingsales.com.au Pty Ltd (ACN 605291843) (“Racingsales.com.au”). 

1.2 By using, browsing or accessing this site or our services, you indicate that you have read, understood and accept these Terms and Conditions, together with our Privacy Policy, and that you agree to abide by them. If you do not agree to these Terms and Conditions you should immediately refrain from using this site or our services.

1.3 In the Terms and Conditions, the said words of ‘we’, ‘our’ and ‘us’ is a reference to Racingsales.com.au Pty Ltd. Any references made to ‘you’ are made as a reference to the user or member in question ‘member’. Any reference to indirect stakeholders, including, but not limited to, advertisement businesses, software companies and web designers are known as ‘third party providers’.

1.4 We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. Provisions contained in these Terms and Conditions may be superseded by provisions or notices published elsewhere on this site. We are not required to give you notice as to when these Terms and Conditions are revised, updated or amended at any time. It is your responsibility to periodically check these Terms and Conditions for changes made. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.

1.5 The Website is an online advertising host and marketplace that allows registered users to advertise Thoroughbred horses. We reserve the right to host advertising for other goods and services at our sole discretion.

1.6 Only individuals over the age of 18 years and who have capacity to enter legally binding contracts under the law of all States and Territories within Australia are permitted to use this site.

  1. License to use website

2.1 The Website is provided to you on an “as is”, “as available” basis subject to these Terms and Conditions for your reasonable personal and business use only.

2.2 Racingsales.com.au is not involved in the actual physical or verbal transaction between sellers and buyers. Transactions and all other contact between you and other users, buyers or sellers, of the Website are conducted entirely at your own risk. Racingsales.com.au conducts itself as a host for on-line distribution and publication of information about Thoroughbred horses, and the purchaser makes a purchase solely in reliance on its own enquiries and inspections provided by the seller.

2.3 Racingsales.com.au makes no guarantees in relation to the fittingness, quality or characteristic or any other quality of any Thoroughbred horses, the exactness or truth of any advertising listings on the Website (including the ownership for any listings for sale or rent), or the ability of sellers and buyers to implement or complete a transaction hosted on Racingsales.com.au.

2.4 Racingsales.com.au accepts the ‘content’ (pictures, text, multimedia, data, information, photos or other materials) uploaded from any members in good faith. The content uploaded and distributed is the sole responsibility of the member or third party. The Website may contain multimedia works (such as live or replayed race coverage, videos of Thoroughbred horses, or racing related still images) licensed to Racingsales.com.au from third party providers, 

These works are provided to you by Racingsales.com.au purely for your private, non- commercial use, and you may not (directly or indirectly) allocate, modify, translate, publish, rebroadcast, transmit, communicate or delete these works or create copied works from them. This condition applies to any of Racingsales.com.au restrictive data or personal information.

2.5 Racingsales.com.au could be subject to software or website failures from time to time. We do not guarantee the Website will be free from viruses, error free or be free from harmful components or that access will be secure, uninterrupted and timely at all times.

2.6 We disclaim all liability and responsibility arising from any reliance placed on any commentary, materials, advertisements, promotions, or messages, and any services provided therefrom, by any visitor to, or user or customer or member of this site, or by anyone who may be informed of any of its contents. We make no representations or warranties that use of such commentary, materials, advertisements, promotions and messages will not infringe the rights of any third parties. We are not responsible for the products, services, actions, or failures to act, of any third party in connection with or referenced on this site. We are also not responsible for the false representation or incorrect information regarding products, services, actions, events or failures of any act of any member or third party in connection with or referenced on this site.

  1. Use of the website

3.1 By using this website, you are complying that:

3.1.1 From time to time the website may not be completely serviceable (including maintenance) and any indiscretions between you and Racingsales.com.au will be heard on a case to case basis.

3.1.2 We have the final say on content, landscape and literature on advertisement or listings on Racingsales.com.au.

3.1.3 We hold control on editorial issues obtained within the website and can choose at our discretion to modify, delete or upgrade any content at any given time.

3.2 In conjunction with our terms of the Website, we do not approve or participate in any illegal activity or engage in any activity that Racingsales.com.au in its absolute discretion considers being inappropriate. Racingsales.com.au contains the right to immediately and indefinitely restrict your access to the Website in anyway considered necessary if it suspects that you are engaging in such behaviour. Such behaviour may result in a revoke of membership with no refund.

3.3 While using the website, and in conjunction with said terms, you will agree to do the following:

3.3.1 Abide by the Terms and Conditions set out for use;

3.3.2 Not be involved in any illegal activities bound by the websites conduct;

3.3.3 Not be involved in any manipulative or unethical conduct when in the process of buying or selling via Racingsales.com.au;

3.3.4 Not be disruptive to any servers, connections, links, third parties or networks that may alter the course of business by Racingsales.com.au. This is inclusive of, but not limited to, the destruction of files, data, resources or relations to personal information that may alter the course of business or the security of the Website;

3.3.5 Not to upload, post or otherwise transmit through or on this Website any viruses or other harmful, disruptive or destructive files;

3.3.6 Not to use the website’s personal information to send unsolicited emails, messages or any point of contact that is uninvited as a group or individually;

3.3.7 Not to use or attempt to use another’s account, service or system without authorisation from that user or Racingsales.com.au, or create or use a false identity on the Website;

3.3.8 Not to transmit through or on the Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

3.3.9 Not to use content on the Website for anything that is in direct competition with our business;

3.3.10 Any financial products, like syndications, must comply with all applicable regulations, legislation and laws, including ASIC’s Regulatory Guide 234, and the Competition and Consumer Act 2010 (Cth).

3.4 Access to this site or our services is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this site without notice. We will not be liable if for any reason this site or our services are unavailable at any time, or for any period. We reserve the right to restrict access to some parties of this site, or to the entire site.

3.5 You are responsible for making all arrangements necessary for you to have access to this site. You are also responsible for ensuring that all persons who access the same through your internet connection are aware of these terms and that they comply with them.

3.6 You may not use the site or any content for any purpose that is unlawful or prohibited by law or these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of us or others.

3.7 You agree that we may, in our sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the site or any service offered on or through the site, or (4) unexpected technical issues or problems.

3.8 You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the site, or otherwise use the services, software or application, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other communication device connection services. You shall be responsible for all charges incurred in connection with use of the services, software, and all such equipment and ancillary services, including any fees charged for airtime usage.

3.9 You must not misuse this site, services, software or applications by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to any portion or feature of this site or services, the serve on which this site is stored, any of the services offered on or through the site, or any server, computer or database connected to this site, software or applications, by hacking, password “mining” or any other illegitimate means.

3.10 You must not probe, scan or test the vulnerability of the site or any network connected to the site, nor breach the security or authentication measures on the site or any network connected to the site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the site or any other customer of us, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.

3.11 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted on the site, or with any other person’s use of the site.

3.12 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the site or any service offered on or through the site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

3.13 We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this site, services, software or applications, or as a result of you downloading of any material posted on it, or on any website linked to it. We recommend all users of internet ensure they have current virus checking software installed.

  1. Creating a Listing for Sale

4.1 To be a ‘seller’ you must pay and create a unique listing ID. Visitors of the website do not need to obtain a membership. To upload content you must pay for your listing which creates a unique ID. 

4.2 All advertisers of our site must be of 18 years of age or older and must provide correct and current information as a member. You are obligated to keep all personal information current and up to date. You are giving consent for Racingsales.com.au to notify you at anytime with any information Racingsales.com.au sees as relevant.

4.4 Racingsales.com.au reserves the right to decline a process of a new listing on grounds that any information provided during the process of application may be seen as false, inaccurate or corrupt.

4.5 A series of complaints, or a breach of the code of use may also result in the termination of the listing.  

  1. Security and Payments Policy

5.1 Payments and transactions are made through a specialist payment provider Stripe. All card numbers are encrypted at rest with AES-256.

5.2 The services we offer are exchangeable for a fee or service. The prices are published and are subject to change. If the prices change, you will be given notice before the change is made. Payments must be made in Australian dollars. We do not offer refunds.

5.3 We will make every reasonable effort to keep all payments and payment details confidential and secure. We will ensure these details are not misused or are required by unnecessary outside sources. Third party payment options will be available to provide an efficient secure payment method. In this case we will not receive your payment information and your payment is subject to the third party’s Terms and Conditions.

  1. Submitting Content6.1 Racingsales.com.au may charge fees to upload and/or submit any listing to the Website.

6.2 In the course of submitting any content on the Website, you are complying with the laws and legislations within Australia. In conjunction with these laws, all content provided by you must be:

6.2.1 True and correct to the best of your knowledge;

6.2.2 Not misleading or deceptive, offensive or obscene; and,

6.2.3 Lawfully, within your right of knowledge, published by Racingsales.com.au

6.3 In particular, when submitting and/or uploading a listing for a Thoroughbred horse, , and / or any other animal or product to the Website, you warrant that:

6.3.1 You are the legal owner of the horse.

6.3.2 You have consent, or acting on the legal owner with consent, to advertise the horse.

6.3.3 The description, pedigree and other information in respect of the horse and/or is true and correct;

6.3.4 The full medical history must be presented in its full entirety. When pressed about information you must present all relevant information; and,

6.3.5 The horse has not been subject to any bans (for bleeding, barrier behaviour, failure to chase or marring, or any other reasons) imposed by any horse racing , racing authority other than as disclosed to a prospective purchaser.

6.4 The Provider particularly disclaims all and any conditions, liabilities and obligations of any kind, whether express or implied, including, but not limited to any conditions or warranties of merchantability, fitness for a particular purpose or correspondence to particular descriptions in respect of any product or service.

6.5 You agree to fully indemnify, defend and hold the Provider, its subsidiaries, affiliates, agents, contractors and employees harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, made by any third party due to or arising out of your participation in the use or non-use of any products or services of any person.

6.6 By submitting content, materials, comments, messages (whether in, audio, video, text, voice form or otherwise) (“Content”) to, on, or via, our site, services, software, applications, chat rooms, communications services, message boards or other interactive service (“Submissions”), you grant us a royalty-free, perpetual, transferable right to (a) use, communicate, deliver, host, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such submission, where applicable.

6.7 You are solely responsible for the posting, transmission, delivery, accuracy and use of the Submissions and you do so at your own risk and we take no responsibility and assume no liability for same. By submitting a Submission, you expressly agree not to post, upload to, transmit, distribute or facilitate distribution, store, create or otherwise publish any of the following:-

6.7.1 Any material, content or information that breaches any applicable local, national or international law or regulation;

6.7.2 Any material, content or information that is unlawful, deceptive or fraudulent;

6.7.3 Any material, content of information that is intended to harm someone in any way or that is libellous, defamatory, obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, uses vulgar language or otherwise objectionable;

6.7.4 Any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation, junk or bulk email or otherwise (spam);

6.7.5 Any material, content or information that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect or limit the operation of any computer software, hardware or telecommunications equipment; or

6.7.6 Any material, content or information that may infringe the intellectual property rights of any third party.

6.8 We do not pre-screen, monitor, vet or edit any Submissions and the views expressed are those of the individual Submission contributors and not necessarily our own. Although we do not pre-screen, monitor, vet or edit Submissions, we reserve the right, at our sole discretion, to remove any Submissions that, in our judgment, do not comply with these Terms and Conditions or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.

  1. Listing Period

7.1 Listing period will be valid for 6 months.

7.2 One advertisement is reserved for one horse.

7.3 Racingsales.com.au reserves the right to modify, correct or delete any listings in conjunction with the Terms and Conditions of the Website.

  1. Intellectual Property

8.1 The material on this website is copyright of Racingsales.com.au Pty Ltd. We reserve all copyright material and intellectual property services provided by us.

8.2 These Terms and Conditions do not comply with the transfer of any intellectual property exchange without consent from Racingsales.com.au. We own all intellectual property rights in the website. You acknowledge this as a visitor and member.

8.3 By posting content and data onto the website, you are acknowledging and giving license, that we are free to use this as intellectual property and we are free to use this content in any form. This can be done in a perpetual, royalty-free, non-exclusive manner.

8.4 We are the owner or the licensee of all intellectual property rights (including, but not limited to, trade dress, copyright, patent and trademark) in this site, our services, software applications, and in the material published on it (including, but not limited to, its “look and feel”, design, structure, selection, coordination, expression, brand, logos, trademarks, information, text, graphics, user interfaces, visual interfaces, sounds, music, artwork, computer code, photographs, content, images, sounds, voice, music, video, audio, text, layout, button icons, and the compliation, arrangement and organization thereof, and all intellectual property rights contained therein). These works are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

8.5 You may use the information on our products and services (such as data sheets, knowledge base articles and similar materials) purposely made available by us for downloading the site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

8.6 Except as expressly provided in these Terms and Conditions, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express written consent. If you print, copy or download any part of this site in breach of these Terms and Conditions, your right to use this site or our services will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.

  1. Third Party Websites and Advertisements

9.1 The Website may contain links to other websites that are not maintained or controlled by Racingsales.com.au or its related companies (“third party website”). Third party websites are not part of the Website, the links are provided by Racingsales.com.au solely for your convenience.

9.2 Racingsales.com.au is not bound or otherwise affiliated with these websites. Racingsales.com.au makes no warranties on any third party websites. Racingsales.com.au does not regularly monitor the content on these third party websites, and we take no responsibility for the content on these websites.

9.3 You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

9.4 This site must not be framed on any other site, unless express agreement is made by us. If you wish to make any use of any of the material on this site other than set out above or would like to include a frame of our site on another site, please forward to us your request.

9.5 Where this site contains links, references, or transmissions to other sites, services, promotions, software, or applications provided by third parties or to third parties themselves, they are provided for your information and convenience only. We obtain no control over, do not endorse, verify or approve, the contents of the other sites or services and accept no responsibility for them or any loss or damage that may arise from your use of them. Your linking to or from, or use of, these sites, services, software or applications is at your own risk. You should review all links to other sites and services prior to using this site. The Terms and Conditions and Privacy Policies of all off-site pages and sites should be reviewed by you. Endorsement of the material contained therein links or connections to these sites, services, software or applications or third parties is not implied.

  1. Liability

10.1 The terms that apply to Racingsales.com.au supply of the Website are those implied by consumer protection laws relating to the supply of services that cannot be excluded and the terms set out in these Terms and Conditions.

10.2 To the maximum extent permitted by law, we exclude all liability in respect of any consequential loss and loss of business or anticipated savings, loss of data damages and incidental loss.

10.3 We do not warrant assurance or make any representation that:

10.3.1 Our website and the servers hosting the website, are free from errors, omissions, faults, bugs,

viruses, or any other technical issues that may arise;

10.3.2 The functions contained in any software will operate uninterrupted or error-free;

10.3.3 Yours or the public’s access will run uninterrupted and smoothly at all times; or,

10.3.4 Errors, glitches or misrepresentations will always be fixed.

10.4 The material, commentary, and content displayed on or via this site, and any services, software, events and applications provided therefrom, are provided without any guarantees, conditions or warranties as to their accuracy, veracity, truthfulness, completeness or currency. To the extent permitted by law, we, our directors and employees, other members of our group of companies and third parties connected to us hereby expressly exclude:-

10.4.1 All conditions, warranties, and other terms which might otherwise by implied by statute, common law or the law of equity;

10.4.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this site, services, software, applications or events or in connection with the use, inability to use or results of the use of or attendance at same, including, without limitation, any liability for: loss of income or revenue; loss of data; loss of goodwill; wasted management or office time; and any other loss or damage of any kind, however arising and wether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

10.5 Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of this site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in its sole discretion:-

10.5.1 In the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and

10.5.2 In the case of any services (such as messages or alerts), the supply of the services again or the payment of the cost of having the services supplied again.

10.6 Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the greater amount either paid by you for the service or one thousand dollars (AUD$1,000.00).

  1. Dispute Resolution

11.1 Both parties agree to resolve any dispute promptly and in good faith. Racingsales.com.au will work in good faith to internally resolve all disputes. If neither party can resolve the internal dispute then processes for external disputes may be submitted by both parties for a Mediation. If the dispute is still not resolved at mediation, you and Racingsales.com.au may pursue any remedy available to you or Racingsales.com.au under the laws of Victoria, Australia.

  1. Termination

12.1 Racingsales.com.au reserves the right, without giving notice, to terminate any listing

and restrict or remove users contents from its website.

12.2 Racingsales.com.au reserves the right to terminate or close this website.

  1. General

13.1 Any new features or enhancements shall be subject to these terms.

13.2 We maintain the right to change, modify or update these terms at any given time without notice.

13.3 No matter what state you conduct business or pleasure in, your use of this website will be governed and interpreted by the laws of Victoria, Australia.

13.4 This site is created and controlled by us in the State of Victoria, Australia. As such, the laws of the State of Victoria will govern these Terms and Conditions. By using this site you submit to the jurisdiction of the court of Victoria and agree that any legal action will only be commenced in these forums.

13.5 If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the maximum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions remain in full force and effect. If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect. These Terms and Conditions constitute the entire agreement between you and us with regard to your use of the site, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with us, we will not accept any counter-offers to these Terms and Conditions, and all such offers are hereby categorically rejected. Our failure to insist on or enforce strict provision of these Terms and Conditions shall not be construed as a waiver by us of any provision or right we have to enforce these Terms and Conditions, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms and Conditions. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.

13.6 In the event these Terms and Conditions are violated by you, and we incur costs, expenses, including but not limited to legal costs as a result of your violation, we will be entitled to recover from you, and you agree to pay, all reasonable costs, expenses, legal fees, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for the termination of your access to this site as a result of any violation of these Terms and Conditions.

13.7 Further, in the event your violation of these Terms and Conditions results in any loss or damage to a third party you agree to indemnify us in relation to any claim made against us by that third party as a result of the loss and / or damage incurred, including by not limited to any amounts payable, including compensation (either by settlement or award), costs and expenses (including our legal costs and those of the third party).

Contact

If you have any questions, comments or concerns about these Terms and Conditions or Privacy Policy, please contact: Managing Director, Racingsales.com.au Pty Ltd

 Suite 18/793 Burke Rd, Camberwell VIC 3124

Email: [email protected].