1.
DESCRIPTION OF SERVICE
Premiumform.com.au
currently provides users with access to horse racing data (the
"Service"). Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new Premiumform.com.au
products, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that Premiumform.com.au assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalisation settings.
In
order to use the Service, you must obtain access to the World Wide Web, either
directly or through devices that access web-based content, and pay any service
fees associated with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including a computer
and modem or other access device.
You
must be at least 18 years of age to access and view such areas. By clicking
"I Accept" above or below you certify that you are 18 years of age or
older.
2.
REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you agree to:
In
particular to register, you must provide your real name and email address. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or Premiumform.com.au has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
Premiumform.com.au has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof).
3.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You
will determine a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities
that occur under your password or account. You agree to:
Subject to clause 7,
Premiumform.com.au grants the Subscriber access to the Service from the day on
which the Subscriber agrees to these terms and conditions.
Premiumform.com.au is not
responsible for training the Subscriber in the use of the Service.
The Subscriber agrees to pay
Premiumform.com.au any fee as nominated for access to individual products.
When purchasing any products from
Premiumform.com.au, the Subscriber will comply with any directions for payment
provided at the time of purchase.
5.
NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
6.
MODIFICATIONS TO SERVICE
Premiumform.com.au
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that Premiumform.com.au shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
7.
TERMINATION
You
agree that Premiumform.com.au, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, for any reason,
including, without limitation, for lack of use or if Premiumform.com.au
believes that you have violated or acted inconsistently with the letter or
spirit of the TOS. Premiumform.com.au may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and
acknowledge and agree that Premiumform.com.au may immediately deactivate or
delete your account and all related information and files in your account
and/or bar any further access to such files or the Service. Further, you agree
that Premiumform.com.au shall not be liable to you or any third-party for any
termination of your access to the Service.
8.
DEALINGS WITH ADVERTISERS
Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Premiumform.com.au shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
9.
LINKS
The
Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Premiumform.com.au has no control over such
sites and resources, you acknowledge and agree that Premiumform.com.au is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that Premiumform.com.au shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
10.
PREMIUMFORM.COM.AU'S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by
Premiumform.com.au or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
11.
DISCLAIMER OF WARRANTIES
You
expressly understand and agree that:
12.
LIMITATION OF LIABILITY
You
expressly understand and agree that Premiumform.com.au shall not be liable for
any direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use, data
or other intangible losses (even if Premiumform.com.au has been advised of the
possibility of such damages), resulting from:
the
use or the inability to use the service;
the
cost of procurement of substitute goods and services resulting from any goods,
data, information or services purchased or obtained or messages received or
transactions entered into through or from the service;
unauthorised
access to or alteration of your transmissions or data;
statements
or conduct of any third party on the service; or
any
other matter relating to the service.
If
you are a resident of Australia, you agree that Premiumform.com.au's liability
for any breach of a condition or warranty implied by Division 2 of Part v of
the Trade Practices Act (other than a condition or warranty implied by section
69 of that Act) in respect of the service shall be limited as follows:
13.
EXCLUSIONS AND LIMITATIONS
Some
jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations of sections 17 and 18 may not apply
to you.
14.
NOTICE
Notices
to you may be made via either email or regular mail. The Service may also
provide notices of changes to the TOS or other matters by displaying notices or
links to notices to you generally on the Service.
15.
GENERAL INFORMATION
The
TOS constitute the entire agreement between you and Premiumform.com.au and
govern your use of the Service, superseding any prior agreements between you
and Premiumform.com.au. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party content
or third-party software. The TOS and the relationship between you and
Premiumform.com.au shall be governed by the laws of the State of New South
Wales without regard to its conflict of law provisions. You and
Premiumform.com.au agree to submit to the personal and exclusive jurisdiction
of the courts located within the State of New South Wales. The failure of
Premiumform.com.au to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
There
is no agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship between Premiumform.com.au and any user of
the Service. Any notice to you or to us shall be made by either email or
regular mail. We may also give notice of changes to these terms and conditions
or other matters related to Premiumform.com.au Auctions by displaying notices
to users on the Service. You agree not to resell or assign your rights or
obligations under these terms and conditions. You also agree not to make any unauthorised
commercial use of the Service.
The
section titles in the TOS are for convenience only and have no legal or contractual
effect.
CONTACT
Premiumform.com.au
2 Raleigh Avenue
Caringbah, NSW, 2229
PO
Box 2280
Taren Point
NSW, 2229