TERMS & CONDITIONS
Last updated: October 12, 2023
1. Definitions and Acceptance
1.1 Definitions
• In these "Terms & Conditions," the term "Website" refers to the website owned and operated by Oz Horse Tips, registered under ABN 19 698 420 311, hereinafter referred to as "we," "us," "our," or any other grammatical forms indicating the same entity.
• By accessing and/or using the Website, you expressly and unconditionally agree to accept and abide by these "Terms of Access & Use." We urge you to carefully review these "Terms of Access & Use," and if you do not consent to these terms, you must immediately cease all use of the Website.
1.2 Precedence of Terms
• In the event of any inconsistency between these "Terms of Access & Use" and our "Terms of Service and Disclaimers," these "Terms of Access & Use" shall prevail and take precedence.
2. Use of Material on the Website
2.1 General Restrictions
• You are strictly prohibited from utilizing the Website or the materials found on it for any purpose, including but not limited to:
1. Sharing or distributing materials in any format.
2. Reproducing materials in any form.
3. Re-broadcasting materials through any medium.
4. Uploading or reposting materials on any other internet website.
5. "Framing" materials from the Website with other content on external websites, either directly, indirectly, or through derivation or adaptation.
• The aforementioned general restrictions are illegal in all jurisdictions and explicitly prohibited by these "Terms of Access & Use."
2.2 Limited Personal Use
• Notwithstanding the above-mentioned usage restrictions, you are permitted to download materials from the Website for your personal, non-commercial use, provided you do not remove any copyright or trademark notices affixed to the materials.
2.3 No Modification or Copying
• You may not modify or copy:
1. The layout of the Website.
2. Any computer software, code or imagery contained within the Website.
2.4 Intellectual Property Rights
• All intellectual property rights, including but not limited to copyright, associated with the materials or services provided on the Website, are reserved by us. The materials provided on the Website are intended for personal use only and may not be:
1. Resold or redistributed in any form.
2. Stored in any storage media.
3. Retransmitted in any media, without prior written consent obtained from us.
3. Links to Other Websites
3.1 Third-Party Links
• The Website may contain links to third-party websites on the internet that are not under our control.
3.2 Disclaimer Regarding Third-Party Sites
• In regard to external websites linked to the Website:
1. We provide these links for your convenience, and their existence does not imply our endorsement of the content on linked sites.
2. We disclaim any responsibility for the material contained on these linked websites.
4. Disclaimers
4.1 General Disclaimer
• We make the Website available for use without assuming a duty of care to users. We are not engaged in providing advice, and we do not warrant, guarantee, or represent the accuracy, reliability, timeliness, or any other aspect of the information on the Website or linked sites.
• To the maximum extent allowed by law, we hereby disclaim all warranties, whether explicit or implicit, encompassing, but not confined to:
1. The precision, dependability, punctuality, or any other characteristic of the information found on the Website or linked websites.
2. Merchantability or suitability for a specific purpose for any service or product available on the Website or linked websites.
• Under no circumstances will we be liable for any loss of profits or any damages recognized by law (even if we have been advised of the possibility of such loss or damages) arising from your actions or inactions regarding information on the Website, services, products, or your use or inability to use them.
• 4.2 Disclaimer Regarding Errors, Delays, Etc.
• We want to make it clear that:
1. We cannot guarantee that the Website or the server hosting it on the internet are free of software viruses.
2. We cannot assure that the functions contained in any software on the Website will run without interruptions or errors.
3. We cannot guarantee that errors and defects in the Website will be promptly corrected.
• Furthermore, we are not held responsible for:
1. Errors or omissions on the Website or any linked sites.
2. Delays, interruptions, or discontinuation of services provided on the Website or linked sites.
3. Defamatory, offensive, or illegal conduct by any user of the Website, whether it occurs due to our negligence, the negligence of our employees, independent contractors, agents, or any other cause.
• You agree to bear the full cost of any necessary repairs, corrections, and maintenance of your computer software or hardware resulting from your access to the Website.
4.3 Limitation of Liability
• Clauses 4.1 or 4.2 may not apply to you in jurisdictions where limitations or exclusions of warranties or liabilities are prohibited by law. To the maximum extent permitted by law, our liability for any implied warranty or condition is limited, at our option, to one or more of the following:
1.Implied Warranty or Condition Related to Services:
If there is a breach of an implied warranty or condition related to services, we are committed to:
1. Providing the services again; or
2. Covering the cost of having the services provided again.
2.Implied Warranty or Condition Related to Goods:
In the case of a breach of an implied warranty or condition concerning goods, we will:
1. Replace the goods or provide equivalent goods.
2. Repair the goods.
3. Cover the cost of replacing the goods or obtaining equivalent goods, or having the goods repaired.
5. Use of Personal Information
5.1 Collection and Processing
• We, along with authorized individuals or legal entities, may collect and process personal information as follows:
1. Information provided by you when accessing the Website, such as your name, address, email address, and other personal details.
2. Information related to your usage of the Website, including data acquired through the use of "cookies" delivered to your computer during Website access.
• We may authorize others to offer you goods and services using the information acquired as described in clause 5.1(a).
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We are committed to adhering to Australian Privacy legislation regarding the collection, storage, and utilization of your personal information. For more comprehensive information on how we collect, store, and utilize your personal data, please consult our Privacy Policy.
6. Termination of Access
• We reserve the right to terminate access to the Website at any time without providing an explanation or justification for such termination. We bear no liability for any costs, losses, or damages of any nature resulting from the termination of Website access.
7. Alteration of Terms & Conditions
• If we decide to modify these "Terms of Access & Use," we will post the changes on this page. By continuing to use our Website after such changes, you are bound by the updated and amended "Terms of Access & Use."
8. Intellectual Property Rights
All logos, icons, brand names, or service names that identify the owner and operator of this Website are our copyrighted property or our trademarks or service marks. Any other trademarks or service marks on this Website belong to their respective owners. Reproduction or reuse of any copyrighted material published on this Website requires prior written permission. Unauthorized use of materials on this Website may constitute a violation of copyright, trademark, and other proprietary rights, and could lead to legal action.
9. Relevant Jurisdiction
9.1 Severability
• If any part of these "Terms of Access & Use" is found to be void, unlawful, or unenforceable, that part will be deemed severable from the rest of these "Terms of Access & Use" and will not affect the validity and enforceability of the remaining provisions.
9.2 Governing Law
• These "Terms of Access & Use" will be governed by and construed in accordance with the laws of Queensland, Australia.
9.3 Jurisdiction
• You consent to the jurisdiction of the courts of Queensland, Australia for resolving any disputes arising from these "Terms of Access & Use."
10. Uploading Material or Information to the Website
10.1 Representations and Warranties
• When providing any material or information to the Website, you represent and warrant that:
1. You have the authority to provide the material or information.
2. The material or information must not contain defamatory statements or malicious falsehoods about any product, service, individual, or corporation.
3. The material or information must not engage in "passing off" any product or service, must not partake in unfair competition, and must not infringe upon the rights of any individual or corporation.
4. The material or information must not infringe upon any intellectual property rights, including but not limited to trademarks, service marks, business names (whether registered or unregistered), confidential information, and copyright.
5. The material or information must comply with all applicable legislation and regulations of the Commonwealth of Australia and the State of Queensland, including but not limited to the competition and Consumer Act 2010 (Cth), the Australian Consumer Law, and any other relevant laws.
When you upload any material protected by intellectual property rights, including but not limited to copyrighted works, non-work materials, trademarks, and service marks, you grant us a perpetual, irrevocable, non-exclusive, and royalty-free worldwide license, which allows us to:
1. Reproduce, utilize, and exploit the intellectual property as an integral part of the Website, our services, and products, in accordance with the maximum extent permitted by intellectual property laws in any jurisdiction.
2. Permit us to sublicense others with the same rights granted to us in clause 10.2(a) mentioned above.
10.3 Removal of Information
• Regarding any material or information included on the Website, we reserve the right to remove any material or information, including but not limited to links to other sites on the internet, at any time without providing an explanation or justification for the removal.
10.4 Limitation of Liability
• We, our respective officers, employees, and agents bear no liability for any costs, losses, or damages, whether direct or indirect, arising from your use of our Website, including but not limited to:
1. Material or information provided for advertising on this Website.
2. The removal of any material or information from this Website.
10.5 Indemnity
• You agree to indemnify and hold us, as well as our respective officers, employees, and agents, harmless from any loss (including legal costs and expenses) or liability incurred as a result of any claim, demand, suit, action, or proceeding brought against any of us. This indemnification arises out of, in connection with, or in respect of:
1. Any breach of these "Terms of Access & Use" by you.
2. The publication, distribution, or material supplied by you.
11. Novation and Assignment
• You are not authorized to assign, novate, or transfer any or all of your rights and obligations under these "Terms of Access & Use" without our prior written consent. We are entitled to assign, novate, and transfer all or part of our rights and obligations under these "Terms of Access & Use" to any entity to which we transfer all or part of our business or as part of a restructuring by us. You hereby provide your prior consent for us to do so.
12. User Registration and Accounts
12.1 User Registration
• Some areas of the Website may require user registration. You agree to provide accurate and complete information during the registration process and to update such information to ensure its accuracy.
12.2 Account Security
• You are responsible for maintaining the security and confidentiality of your account credentials. You agree not to disclose your account information to any third party. You are fully responsible for all activities that occur under your account.
13. User-Generated Content
13.1 Content Submission
• Users may have the ability to submit content, such as reviews, comments, or contributions to the Website. By submitting content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, modify, reproduce, distribute, and display such content on the Website and in our promotional materials.
13.2 Content Guidelines
• You agree not to submit any content that is unlawful, defamatory, obscene, harmful, invasive of privacy, infringing on intellectual property rights, or otherwise objectionable. We reserve the right to remove or modify user-generated content at our discretion.
14. Communication Preferences
• By using the Website, you consent to receive electronic communications from us, such as newsletters, promotional emails, or important notices. You can manage your communication preferences by following the instructions provided in these communications.
15. Governing Law and Dispute Resolution
15.1 Governing Law
• These "Terms & Conditions" shall be governed by and construed in accordance with the laws of [Your Jurisdiction], excluding any conflict of law principles that may lead to the application of the laws of another jurisdiction.
15.2 Dispute Resolution
• Any disputes arising from or relating to these "Terms & Conditions" or the use of the Website shall be subject to [Arbitration/Mediation/Litigation] in [Your Jurisdiction], and you consent to the exclusive jurisdiction of the courts or tribunals located within [Your Jurisdiction] for such purposes.
16. Miscellaneous
16.1 Entire Agreement
• These "Terms & Conditions" constitute the entire agreement between you and us regarding the use of the Website, superseding any prior agreements, understandings, or representations, whether oral or written.
16.2 Waiver
• Our failure to enforce any provision of these "Terms & Conditions" shall not be deemed a waiver of our rights under such provision or any subsequent breach thereof.
16.3 Severability
• If any provision of these "Terms & Conditions" is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
16.4 Survival
• Sections and provisions related to disclaimers, limitations of liability, intellectual property rights, and indemnification shall survive any termination or expiration of these "Terms & Conditions."