Racing Australia CONNECT TERMS OF USE

These Terms of Use apply to all Racing Australia Connect services provided by Racing Australia Pty Limited (ABN 89 105 994 330) of Level 1, Racing Centre, 400 Epsom Road, Flemington VIC 3031, Australia .

These Terms of Use should be read together with your obligations under your Racing Australia Connect Services Agreement.

Please read these Terms of Use carefully before using Racing Australia Connect services.

If you do not accept these terms of use, you may not use Racing Australia Connect services.

Accessing Racing Australia Connect

You agree to provide accurate and complete information about your organisation and authorised contacts when registering to use any Racing Australia Connect service and when applying for an Account.

Please keep your log in details confidential and secure. You may only access the Racing Australia Connect services using your own log in credentials. You must not share your account with anyone else, except to the extent permitted under your Racing Australia Connect Services Agreement.

You can select any of the distribution lists on-line from Racing Australia Connect MEDIA, Racing Australia Connect Business Lists Online and Racing Australia Connect Government Lists Online as well as provide your own lists for the distribution of your messages.

The distribution and content of your messages

You are solely responsible for the messages you send. Racing Australia does not take responsibility for the content of messages delivered through Racing Australia Connect. You must ensure that your messages are relevant, and of interest, to your targeted audience. You must comply with your obligations under the SPAM Act 2003, which prohibits the transmission of certain unsolicited messages, and with the Racing Australia Connect SPAM Policy .

You warrant that the content of all documents you submit will be accurate and free of any viruses. You agree not to make any defamatory, obscene or illegal statements which infringe any law, regulations or any industry codes of practice.

Privacy

You must not use Racing Australia Connect services in a manner that interferes with the privacy of an individual. It is your responsibility to comply with Australian privacy laws, including the Privacy Act 1988. Racing Australia is not responsible for how you use, hold and disclose any personal information that you receive through Racing Australia Connect.

You authorise Racing Australia to distribute your messages to the chosen list(s) of recipients and further permit those recipients to use the messages conveyed to them.

The ways in which Racing Australia collects, uses, holds and discloses personal information are set out in our Privacy Policy .

SPAM

In accordance with the Racing Australia Connect SPAM Policy , Racing Australia will respond to requests by message recipients to suppress their contact details or to unsubscribe from distribution lists.

Racing Australia's rights and responsibilities

Racing Australia will use all reasonable efforts to ensure that your messages are distributed on time according to your on-line instructions. Racing Australia, however, does not take responsibility for any errors in transmission or the selection of distribution lists. Racing Australia does not warrant that your recipients have expressed an interest in receiving your messages either from your own lists or any distribution lists provided by Racing Australia Connect or its third-party providers.

Racing Australia will give you access to all Racing Australia Connect distribution lists and your own lists and will provide Racing Australia Connect services to you provided that you comply with these Terms of Use. Racing Australia is not responsible for any errors in lists created by you or for the accuracy of Racing Australia Connect's MEDIA, Business Lists Online or Government Lists Online.

Racing Australia may, at its discretion, access, monitor and review messages and distribution lists. Should you fail to meet the conditions in these Terms of Use, Racing Australia reserves the right to edit, remove or refuse to process any infringing messages; block your access to any of Racing Australia Connect's lists; terminate your scheduled broadcasts; terminate your registration, and retain any fees paid by you. Racing Australia will not be liable for any failure to take any of these actions.

Limitation of Liability

By becoming a Racing Australia Connect Customer you acknowledge that to the fullest extent permitted by law that Racing Australia will not be liable in any way for the messages transmitted, or the failure to transmit, or any delay in transmission, or failure to provide a broadcast report, however caused. Racing Australia will not be liable for any consequential loss, direct loss, indirect loss, loss of profits of any kind, loss or corruption of data, interruption to business, loss of revenue , or economic loss of any kind, whether in contract, negligence, or any other tort, or under any statute or otherwise.

By becoming a Racing Australia Connect Customer you agree to indemnify Racing Australia against any loss, liability or expense arising from any loss in connection with the use of any Racing Australia Connect service. You also agree that to the fullest extent permitted by the law all express and implied terms and conditions other than those set out on the Racing Australia Connect website are excluded.

Payment

Racing Australia offers the following method of payment for all services:

Monthly Account for approved applicants. Terms are 7 days with receipt of invoice, unless other terms are arranged in writing. Racing Australia will invoice by the 7th day of each month.

Note: All rates quoted are net of any Goods and Service Tax (GST). GST will be added and shown on the invoices generated and sent to you.

Term of Service

There are no set contractual periods for Racing Australia Connect services for Monthly Account Customers.

General Conditions

Racing Australia reserves the right to terminate all services immediately if any of Your Responsibilities have been violated.

If Racing Australia intends to stop providing you any service for any reason other than for failure to pay charges or for contravention of any requirements listed under Your Responsibilities, then Racing Australia will give you 30 days notice of termination of service.

A Racing Australia Connect Monthly Account Customer who does do not pay Racing Australia in accordance with the payment terms, may have all Racing Australia Connect services terminated until all arrears are paid.

Surcharge for Long Faxes

Racing Australia will charge you a surcharge for faxes which take an unusually long time to transmit. If a page of fax takes over 2 minutes to transmit, then it will incur a surcharge of 10 cents per minute or fraction thereof. This surcharge will be calculated at the end of the broadcast and will be reflected in the final report for the broadcast and in your invoice.

However, if you test your fax, and we quote you a transmission time of under 2 minutes, then your fax will not incur a surcharge.

Copyright

Racing Australia owns the authorship contained in the website http://connect.racingaustralia.horse .This includes all design, text, and images. You may not copy, reproduce, transmit, display, rent, sublicense, alter, store for subsequent use or otherwise use in whole or in part in any manner this material without the prior written consent of Racing Australia. However, you may have a temporary copy in the memory of your computer for personal and commercial purposes for use by a registered user.

Links to the Racing Australia Connect web site

Hypertext links to the WEL web site, http://connect.racingaustralia.horse , are not without the prior written approval of Racing Australia.

Disclaimer

Racing Australia disclaims any warranty, including third party, associated with the services provided, and disclaims any warranty regarding the accuracy, timeliness, fitness for purpose, completeness, or intellectual property infringement of the services.

Applicable Law

Racing Australia's rights under these Terms of Use are in addition to any other rights provided by law. This web site and these Terms of Use are governed by the laws in the State of Victoria. Racing Australia reserves the right to make changes to its web site and these Terms of Use at any time. Your continued use and access to this web site after any changes constitutes acceptance of the revisions.