This Agreement sets out the terms and conditions upon which Australian Associated Press Pty Limited (ACN 006 180 801) (AAP) will allow you to have access to the following online services:
Arion Pedigree Information;
Form Analyser;
NetForm; and
Horse Search
(together Services) which are made available on this Web site.
You must read these terms and conditions carefully. If you agree with them and wish to access the Services, please complete the registration details on the registration page and select the "I agree to the terms and conditions" check-box on the registration page to indicate that you agree to be bound by these terms and conditions. If you do not agree with them you will not be able to access the Services and you should contact AAP's Racing Department on 1800 811 358.
AAP reserves the right to amend this agreement at any time and you agree to be bound by such changes. If you agree to be bound by this agreement, you should periodically refer to this document.
Registration
You are required to complete registration details in order to access this Web Site. This will involve entering details including, your individual user name and a password.
Each registration is for a single user only. Once you become a registered user, you will have the use of a password that cannot be transferred to or used by any other person. This applies whether or not you subscribe as an individual or as an employee (or consultant) of a business organisation.
You must not:
allow another person to share your user name and password; and you must not
allow any part of the Web Site to be made available to other persons who have not registered with AAP as users of this Web Site.
In the event that AAP reasonably believes that a user name and password are being used in a manner prohibited by clause 2.2, AAP reserves the right to cancel your access to the Service immediately without notice.
Privacy
In relation to the information that you provide for registration, AAP will:
keep your business records and personal details confidential to AAP and its licensors and respect the "privacy" of your personal communications;
take adequate steps to ensure that your business records and personal details are kept confidential;
not sell or exchange your business records or personal details;
refrain from intentionally examining or tampering with your private communications without your consent; and
Clause 3.1 will not apply where AAP discloses information with your consent or where disclosure is required by law.
Access and Use of the Services
AAP grants you a non-exclusive, non-transferable licence to use the Services:
at your premises; and
solely for your internal business purposes.
"Internal business purposes" means that you are allowed to use an industry standard Web browser to:
view;
download; and
print a reasonable number of print copies of information from the Services and use that information only for the following purposes:
research; and/or
recording; and/or
verifying general racing data and pedigree information concerning thoroughbred race horses.
AAP (and its licensors) reserve all rights including copyright in the information provided by it in the Services. Nothing in this agreement will be understood or construed as an abandonment, revocation, assignment or denial by AAP or any Information Source of copyright, confidentiality or other intellectual property rights which any of them may own in or with respect to information contained in the Services.
The globe symbol and the words "AAP" and "AUSTRALIAN ASSOCIATED PRESS" are registered trademarks of AAP (AAP Trade Mark). The AAP Trade Mark is the exclusive property of AAP. AAP reserves all rights in it. You may not use any of the AAP Trade Marks without first obtaining AAP's prior written consent.
Restrictions on Use
Any copies of these pages saved to a storage medium may only be used for subsequent viewing purposes or to print extracts for your internal business purposes as set out in clause 4.2.
You must not:
create a database in electronic or structured manual form by regularly or systematically downloading and storing any part of the pages from the Web Site;
post, transmit, republish, redistribute, re-disseminate, broadcast, sell, sub-licence, communicate or exploit (whether commercially or otherwise), or otherwise make available the information that is contained in the Services, in any form, by using the internet, a wireless platform or by any other media;
use the information in the Services for reproduction in catalogues used in conjunction with the sale of thoroughbred racehorses; or
use the information to compile "race books", that is, the official programme used in conjunction with an organised race meeting.
Pursuant to the conditions of supply of Racing Material (as defined below) from Racing Information Services Australia Pty Limited (RISA) to AAP, AAP notifies you that all matters relating to the licence of copyright in the Source Material supplied by RISA for reproduction in on-course books is between the relevant club and RISA. For the purposes of this clause 3 and this agreement:
"Racing Material" means works created by RISA and others working with it by reason of their collecting, compiling, verifying and managing the Racing Information, and by reason of their exercise of skill, judgment and knowledge in selecting, handicapping, ordering, compiling and finalising the Racing Information; and
"Racing Information" comprises information directly or indirectly relating to thoroughbred horses, races and race meetings irrespective of the source of such information.
For the avoidance of doubt, without in any way limiting the provisions of this clause 5, the restrictions in that clause prohibit you or any other person from engaging in any of the following conduct in relation to the Services, whether in the form in which they are displayed on this Web Site or otherwise:
framing the Services;
hypertext linking to or from the Services;
posting the contents of the Services to Usenet or other newsgroups or message systems;
sending any part or extract of the Services to any other person by means of e-mail or electronic messaging or by way of an RSS (really simple syndication) feed;
modifying or copying the Services in any other way; or
using any other functionality or application available through the Internet or the on-line environment which extends or replaces the acts and things referred to in paragraphs (a) through (e) above in relation to the Services.
Payments
You must pay AAP the charges for access to the Services in accordance with the pricing listed in the product description pages of each relevant Service (Product Description Pages) as displayed on this Web Site and this clause 6.
AAP may adjust the charges in the Product Description Pages at any time without notice and you must pay AAP the increased charges from the date of such increase. You agree to check the Fee Schedule regularly to ensure you are aware of any increase.
You agree that you will make payments to AAP either by using the on-line system operated by AAP which is linked to the Westpac Bank or by telephoning AAP on 1800 811 358 and providing your credit card details.
You will not have access to the Service until your payment is processed.
AAP will keep your payment records confidential.
The charges that are set out in the fee schedule are inclusive of goods and services tax (GST).
Credit Blocks that were purchased prior to 8 March 2011 will expire after 12 months after the date of purchase and are subject to the Credit Block Rules. From 9 March 2011, you will no longer be able to purchase new Credit Blocks.
Security
AAP is concerned to keep your credit card details secure. The concern relates to sending your credit card and payment details using the Internet.
AAP's system uses a number of encryption standards. Between your personal computer and our Web server, AAP utilises a communication standard known as secure sockets layer (SSL). Between AAP's Web server and the financial institution, AAP uses a communications standard known as 128 bit SSL data encryption.
These forms of encryption make it very difficult for someone to obtain your credit card information.
None of your credit card details will reside on AAP's Web server once your payment has been processed.
You should not disclose your credit card or other personal details at this Web Site (whether by e-mail or otherwise) except through the secure payment mechanism referred to above.
Acknowledgements and warranties
You acknowledge and agree that:
AAP includes information in the Service from its own and also from third party sources (including, without limitation, RISA)(Source Material) pursuant to current agreements it has with such sources (Information Sources);
AAP may enter into further agreements or vary existing agreements with Information Sources in relation to Source Material;
The terms of an agreement between AAP and an Information Source may contain terms as to the use of Source Material;
AAP's ability to supply you with information included in the Services is conditional on the terms and continued existence of AAP's agreements with those Information Sources in respect of the Source Material;
In the event that AAP enters into a new agreement or varies an existing agreement with an Information Source which contains news terms as to the use of Source Material from that Information Source then AAP may by notice in writing notify you of any terms (including, if relevant, restrictions) under such an agreement which may be consistent with the terms of this agreement or limit the right of AAP to provide all or part of the Services. On receipt or deemed receipt of a notice under clause 8(1)(e), this agreement will be varied to the extent specified in that notice;
If at any time during the term of this agreement, AAP's agreement or arrangement with any Information Source expires or terminates (Expired Information Source):
AAP may immediately cease supply of information derived from Source Material provided by the Expired Information Source without penalty;
You must remove and delete all copies of information derived from the Expired Information Source from your computer systems and from any other means of storage in your possession, power, custody or control;
AAP supplies Racing Material that it receives from RISA and that RISA is either the owner of the copyright or licensee from the Principal Racing Authority (PRA) of copyright in the Racing Material;
RISA and AAP are restricted from supplying Racing Material to Wagering Operators (as defined below) without authority of a PRA;
the restrictions on RISA's supply of Racing Materials to Wagering Operators (defined below) are of the utmost seriousness and the on-supply by AAP of Racing Materials to Wagering Operators (defined below) other than as provided under any agreement AAP has with RISA may place RISA and AAP in breach of those restrictions;
in the event that the Services supplied to you contain Racing Materials - AAP is supplying those Racing Materials to you on the basis of your representation and warranty that you are not using those Racing Materials for the purpose of running a business as a Wagering Operator (defined below);
you have made your own inquiries as to whether the use of the material complies with Australian law (including, but not limited to, the publication of betting information under the Racing Administration Act, 1998) and that AAP makes no promises, representations or warranties as to the legality of your use of the Services;
AAP provides news and information on an "as is" basis and in some circumstances is unable to verify the accuracy or correctness of this information;
charges incurred in accessing the Services through this Web Site are your responsibility and cost; and that
AAP has no control over, and is not responsible for, and, makes no endorsement of or representation about information obtained from third party sources.
You warrant to AAP that:
you are not a Wagering Operator
you are not supplying information contained in the Services to a Wagering Operator;
you will comply with all Australian laws in relation to your use of the Services; and
you will comply with the restrictions on use set out in clause 5 of this agreement.
For the purposes of this clause 8(2), "Wagering Operator" means a person who conducts a business of wagering or betting activity on or relating to a thoroughbred horse race or a thoroughbred horse race meeting.
Liability
All express or implied representations, conditions, warranties, guarantees and terms relating to the information contained in the Services (whether as to merchantability, accuracy, fitness for any purpose or otherwise) not contained in this agreement are excluded from this agreement to the extent permitted by law.
AAP and its information sources are not liable (whether in contract, tort (including negligence) or otherwise) to you or any other person for any failures (including but not limited to delays, omissions, interruptions) or faults in provision or operation of the Services, or any inaccuracies, omissions or actionable matter in the information included in the Services.
Nothing in this agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation if it cannot lawfully be excluded, restricted or modified.
If the law, including the Competition and Consumer Act 2010 (Cth)(as amended), or any similar legislation implies or imposes a non-excludable condition, warranty or guarantee which can be limited, the liability of AAP to you for breach of that condition, warranty or guarantee will be limited - as AAP determines to:
supplying the Services again; or
paying for the cost of supplying the Services again.
To the extent permitted by law, AAP and its third party information sources will not be liable for any indirect, consequential, special or punitive loss or damage in respect of the Services or any act or omission on its part in relation to its obligations under this agreement or for any payments to third parties, loss of revenue, loss of profits, loss of goodwill or data however caused, whether or not:
such loss or damage was foreseeable or contemplated by either party; or
AAP is advised of the possibility of such loss or damage.
To the extent permitted by law, the total liability of AAP to you in contract, tort (including negligence) or otherwise for any loss or damage (other than indirect, consequential, special or punitive loss or damage, which is excluded under clause 9.5), which may be suffered or incurred or which may arise in respect of the Services, or any act or omission on the part of AAP in relation to its obligations under this agreement, shall not exceed the total amount paid by you to AAP under clause 6.
A party's liability under this agreement will be proportionately reduced to the extent the other party, its officers, employees, agents and contractors contribute to any loss, damage, expenses, liabilities and costs (including legal costs).
Indemnity/Release
You will indemnify and keep AAP indemnified against any claim by a third party (whether in negligence or otherwise) for loss or damage of any kind arising from your use of the Services other than in accordance with this agreement or that AAP suffers or incurs as a result of a breach of clauses 5 or the warranties in clause 8(2) (including, without limitation, any loss, damage or expense suffered by AAP as a result of a claim brought against AAP by any Information Source including RISA or a PRA).
Term and Termination
This agreement will operate for the period that is referable to the Service that you wish to use and the amount of fees which you agree to pay AAP to use that Service.
AAP may terminate this agreement immediately on notice to you where:
any money which you are due to pay AAP under this agreement remains outstanding for more than 30 days after the date on which it became payable (whether or not AAP has made any formal demand for payment);
you are in breach of clause 5 or the warranties in clause 8(2);
you are in breach of a term of this agreement and fail to rectify the breach within 14 days of AAP giving you written notice to do so;
AAP ceases to carry on the business of providing the Services;
AAP is informed by RISA that the category of customer which AAP considers applies to you and which governs the commercial terms upon which AAP supplies the Racing Material to you is either incorrect, or no longer applies; and
which results in an additional charge to AAP; and
which additional charge you do not agree to pay.
You may not terminate this agreement in the event that:
AAP changes the information and content that is displayed on the Web Site; or
access to the Web Site is temporarily unavailable.
Upon termination of this agreement, your access to the Web Site will be cancelled, all licences are automatically revoked and you must remove and delete all files or information derived from the Services (including, without limitation, all copies of such files or information) from your computer systems and databases and from any other means of storage in its possession, power, custody or control.
General
This agreement is governed by the laws of New South Wales, Australia.
The parties irrevocably submit to the exclusive jurisdiction of courts exercising jurisdiction in that State.
If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceable will not affect the remainder of the agreement, which will continue in full force and effect.