Terms and conditions

KAVANAGHRACING.COM.AU

WEBSITE TERMS AND CONDITIONS

These Website Terms and Conditions (Terms) govern your use of the website located at www.kavanaghracing.com.au (Website) and form a binding contractual agreement between you, the user of the Website (you) and Mark Kavanagh Racing, the owner and operator of the Website (Mark Kavanagh Racing, us, we).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us at:

Mark Kavanagh Racing Stables

PO Box 958 Moonee Ponds VIC 3039

3 Stables Drive, Flemington Racecourse, Flemington VIC 3031

Phone: 03 9372 6547

Fax: 03 9372 6549

Email: mark@kavanaghracing.com

By using the Website you acknowledge and agree that you have had sufficient chance to read and understand these Terms and you agree to be bound by them. If you do not agree to these Terms, you must not use the Website.

1.Licence to use Website

We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with these Terms.

The Website is provided to you on an "as is", "as available" basis subject to these Terms for your reasonable personal and business use only. You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for this purpose.

You acknowledge and agree that:

(a)we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion;

(b)the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

2.Intellectual Property Rights

The material on the Website is copyright © 2013 Mark Kavanagh Racing and/or other copyright owners. We reserve all intellectual property rights, including, but not limited to, copyright in material and/or services provided by us.

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.

3.Restrictions

Any use or attempt to use the Website for a purpose other than that expressly permitted by the licence in clause 1, whether directly or indirectly, by you or by a third party is prohibited. Without limiting this, this prohibition includes:

(a)reproduction, distribution and/or re-transmission of Website material in any material form and by any medium of communication;

(b)uploading and/or reposting Website material to any other site on the world wide web;

(c)“framing” the material on the Website with other material on any other website;

(d)mirroring the Website, data or content from the Website, or results pages on any other website or medium;

(e)facilitating or participating in any illegal activity via the Website;

(f)uploading or otherwise transmitting any computer worms, viruses or similar through or on the Website;

(g)damaging, modifying, interfering with, disrupting or destroying any files, data, passwords, devices or resources that belong to us;

(h)using the log-on ID or password of another user or otherwise attempting to access or use their account without authorisation from that user or us;

(i)data mining or sending automated queries of any kind to the Website without our prior written permission;

(j)harvesting or otherwise collecting information about others (including email addresses and phone numbers) without their consent;

(k)holding yourself out as another person or business on the Website; and/or

(l)engaging in any other activity that we (in our absolute discretion) think is inappropriate.

4.Payments and security

Some of the services we offer on the Website are offered in exchange for a fee. Prices are set and changed by us without notice to you. Payments must be made in Australian dollars. We do not offer refunds.

We will use reasonable efforts to keep any payment information we have about you secure and ensure that our employees or agents who have access to this information do not make unauthorised use, modification, reproduction or disclosure of it. We may engage a third party to provide a secure payment transaction facility that allows you to pay online and, in this case, we will not receive your payment information. Your payment will be subject to the third party’s terms of use.

Fees for our services exclude GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth))unless otherwise stated. Where the prevailing rate of GST changes, the new rate will be applied to the prices and the GST inclusive price for the service will be adjusted to account for the new rate of GST. We will issue a tax invoice to the payer for any supplies made by us to which GST applies.

5.Warranties and indemnity

You represent and warrant to us that:

(a)you are over 18 and otherwise have the legal capacity to enter these Terms; and

(b)you have submitted full, truthful and up to date personal information in the user registration process.

(c)any advertisements for financial products must comply with ASIC's regulatory guide 234 and consumer laws

You indemnify and agree to keep indemnified us and our officers, employees, agents and subsidiaries against any loss or damage, direct, indirect or consequential (including legal fees and other costs incurred) by any third party arising out of or in any way connected to:

(a)your use of the Website;

(b)your breach of a warranty contained in these Terms;

(c)your breach of any other of these Terms including any act, omission, negligence or default by you or your employees, licensees or clients; and

6.Liability

To the full extent permitted by law, we exclude all liability in respect of any consequential loss and (to the extent not already covered by that phrase) loss of data, interruption of business, loss of profits and loss of opportunities.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. Except as expressly contemplated by these Terms, we and our respective officers, employees and agents shall have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly out of your use of the Website. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option to:

(a)the supply of the services again; or

(b)the payment of the cost of having the services supplied again.

We do not warrant guarantee or make any representation that:

(a)the Website or the servers that make the Website available on the world wide web are secure and free from errors or omissions, technical inaccuracies, errors, programming bugs, viruses, harmful content or components, interference (including malfunction of equipment or software, Internet access difficulties, or delay or failure of transmission) or duplicate data;

(b)the functions contained in any software contained on the Website will operate uninterrupted or are error-free;

(c)your or the general public’s access to the Website will be uninterrupted, provided without delay or in a timely fashion; and

(d)errors and defects in the Website will be corrected.

We are not liable to you for errors or omissions in the Website or linked sites, delays to, interruptions of or cessation of the services provided in the Website or linked sites and defamatory, offensive or illegal conduct of any user of the Website, whether or not caused by us, our employees or independent contractors, whether by negligence or any other cause.

7.Privacy

We and/or people authorised by us may gather and process the information:

(a)which you may provide when accessing the Website, such as your name, address, email address and other personal information about you; and

(b)regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.

Please see our Privacy Statement for further information.

8.Disputes

If a dispute arises between us in relation to these terms or any other matter related to the Website, before commencing legal proceedings (other than in urgent circumstances where an injunction is sought) the aggrieved party must notify the other in writing (which may be by email) and we must both attempt to resolve the dispute informally and expeditiously.

9.Termination

These Terms terminate automatically if, for any reason, we cease to operate the Website.

We may terminate your access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Website.

10.Variation

We may vary these terms by publishing revised terms on the Website, with or without giving prior notice to you, and without giving you any explanation or justification for such change. By continuing to access the Website you are agreeing to these variations.

Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms.

11.General

We may assign our interest, rights and obligations under these terms and conditions or any other agreement we have with you any time without your approval.

You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

No matter where you are located, these Terms will be governed by and interpreted in accordance with the law of Victoria, Australia. International users access the Website on this basis. You and we submit to the jurisdiction of the courts of Victoria and courts able to hear appeals from them to determine any dispute arising out of or in relation to these Terms.