1.2 By using this website, you accept these terms and conditions in full and agree to abide by them. If you do not accept these terms and conditions or any part of them, you must not use this website.
2.1 Unless otherwise stated, we own the intellectual property rights in this website and material on this website. Subject to the licence below, all these intellectual property rights are reserved.
2.2 We do not own any intellectual property rights in relation to sponsors or business partners who may be advertised on this website from time to time. Clauses 2.3 and 2.4 apply equally to the intellectual property of our sponsors and business partners.
2.3 You may view, download for caching purposes only, and print pages from this website for your own personal use, subject to the restrictions set out in clause 2.4 below and elsewhere in these terms and conditions.
2.4 You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-licence material from this website;
(c) show any material from this website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
(e) edit or otherwise modify the paper or digital copies of any materials you have printed off, copied or downloaded in any way from this website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution.
2.5 If your use of material on this website breaches these terms and conditions, your right to use this website will cease immediately, and you must, at our option, return or permanently destroy any copies of materials you have made whether modified or unmodified.
3. ACCEPTABLE USE
3.1 You must not use this website:
(a) in any way that causes, or may cause, damage to this website or us, or impairment of the availability or accessibility of this website;
(b) in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) to send, receive, upload, download, use or re-use any material which is inappropriate in our opinion (including, but not limited to, material that is defamatory, abusive, offensive, unlawful, racist, sexist or discriminatory in nature);
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(e) to jeopardise our reputation or create liability for us, or engage in any conduct which may cause us to lose (in whole or part) the services of our sponsors and suppliers; or
(f) to transmit, send or upload, any material that contains viruses, trojan horses, worms, time-bombs, key stroke loggers, spyware, adware or any similar harmful programs or computer code designed to adversely impact the functioning of any computer software or hardware.
3.2 If we allow you to post any material to this website of any kind, we have the right to remove this material at our sole discretion and without notice.
4. REGISTRATION AND ACCOUNT SECURITY
4.1 If you subscribe to our newsletter or register an account with us by using this website you warrant that you are at least eighteen (18) years of age and above the legal age for gambling in the jurisdiction in which you reside.
4.2 In the event that we discover that you are under the age of eighteen (18) or the legal age of gambling in the jurisdiction in which you reside, your account or subscription will be deleted. We may also report the matter to your parents or the relevant authorities if appropriate. You can only register for a new account or subscribe to our newsletter once you attain the age of eighteen (18).
4.3 Gambling whilst under the age of eighteen (18) or the legal age for gambling in other jurisdictions than Australia, is a criminal offence and we take our responsibilities to discourage this activity seriously. As such, we may request additional identification information from you at any time to conduct age verification checks. You must comply with all requests from us in this regard.
4.4 If another person accesses your account you are solely responsible for all their actions regardless of whether their access was authorised by you.
4.5 We are not liable for any technical issue in relation to your subscription or account resulting in:
(a) communications of yours or intended for you that are misdirected, lost or not received;
(b) any other information of yours or intended for you that is misdirected, lost or not received; or
(c) damage to any computer hardware or software.
4.6 Any decision that we make in relation to your account or subscription is final and binding.
4.7 In accordance with clause 11, we may cancel your subscription or delete your account without notice if you breach any provisions of these terms and conditions.
4.8 Further, we may, at our sole discretion, cancel any subscription, or suspend or delete any account for any reason that you have registered using this website, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
4.9 If you are a subscriber and no longer wish to subscribe to our newsletter, you can select the option to unsubscribe at the footer of the emailed newsletter at any time.
4.10 If you are an account holder, and you wish to deactivate your account, you can select the option to do at any time in the settings for your account.
5. USE OF INFORMATION GATHERED
5.1 We may gather and process information which you may provide:
(a) when accessing this website,
(b) without limitation, information acquired through the use of “cookies” programmed during the accessing of this website;
(c) when subscribing to watch live vision or receive communications, such as your name, address, e-mail address and other personal information about you; and
(d) when registering an online account on this website.
5.2 Subscribing to our newsletter or creating an account using this website will result in your personal information stored on secure third-party databases.
5.3 By using this website, you agree that personal information that you provide to us can be used for analytical and direct marketing purposes. Subscribers and account holders have the ability to ‘opt out’ and elect not receive direct marketing communications from us by clicking on the relevant link at the footer of the emails received from us.
5.4 Privacy enquiries can be directed to our Privacy Officer at email@example.com.
6. EUROPEAN UNION REGULATION 2016/679 – GENERAL DATA PROTECTION REGULATION (GDPR)
6.1 If you are subject to the GDPR, the following will apply to you in relation to any of your personal information and will prevail in the event of any inconsistency with the other clauses in these terms and conditions:
(a) You consent to the processing of personal information which relates to you for the following purposes:
i. if you are a subscriber, to receive Tasracing’s Newsletter via email advising you of the details and outcomes of races, general information regarding the racing industry, and for direct marketing and analytical purposes; and
ii. if you are an account holder, to establish your account, and to receive correspondence in relation to your account, the details and outcomes of races, pre-race wagering tips, general information regarding the racing industry, and for direct marketing and analytical purposes.
(b) You agree and acknowledge that the said purposes are in our legitimate interests.
(c) Where the purposes for which the personal information is collected changes, further information regarding the new purposes for processing will be provided.
(d) You have the following rights:
i. The right to require us to disclose whether personal information which relates to you is being processed by the controller.
ii. The right to require us to correct any factually incorrect personal information stored by us which relates to you.
iii. The right to require us to erase personal information which relates to you if one of the following applies:
1. the personal information is no longer necessary for the purposes for which it was collected;
2. you withdraw your consent to the processing;
3. the personal information is unlawfully processed within the meaning of the GDPR; or
4. you exercise your right to object detailed below and we are unable to demonstrate compelling legitimate grounds for the processing.
iv. The right to receive from us any personal information stored by us which relates to you in a structured, commonly used and machine-readable format and have any such personal information transmitted to another controller.
v. The right to object to the processing of any personal information stored by us which relates to you. We must not process any such personal information unless we are able to demonstrate compelling legitimate grounds for the processing which override the interest and rights of you for the establishment, exercise or defence of a legal claim.
vi. The right to lodge a complaint with a supervisory authority in the state in which you reside.
vii. Any other right enjoyed by data subjects in relation to personal information which relates to the data subject under the GDPR.
(e) We will not transmit any personal information which is subject to the GDPR to any other entity without your consent.
(f) We will not store any personal information which is subject to the GDPR for longer than is reasonably necessary to provide the services under these terms and conditions.
(g) The contact details for our Data Protection Officer are as follows:
Attention: Legal Counsel – Compliance
Address: PO Box 730, Glenorchy, Tasmania, Australia 7010
7 NO WARRANTY
7.1 We make no representations or warranties in relation to this website or the information and materials provided on this website.
7.2 We will endeavour to take reasonable care in preparing and maintaining the information on this website but do not warrant the accuracy, reliability, adequacy or completeness of any of this website’s content or that this website will be continuously available or is virus free.
7.3 This website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it. We are under no obligation to update such content.
7.4 Nothing on this website constitutes, or is meant to constitute, advice of any kind.
8.1 We make no warranty, guarantee or claim regarding the accuracy or completeness of the opinion, data, tips and forms provided on this website for any particular race or meet. You should make your own judgement about those matters.
8.2 We do not accept any responsibility for any loss, damage or injury, whether direct or indirect, arising from participation in betting on races, based on the opinion, data and tips provided on this website.
8.3 You bet on races at your own risk. If you decide to gamble on races using the information published on this website or material arising from this website, you do so on the basis that you understand the inherent risks associated with such gambling and have assumed personal responsibility for these risks. We encourage you to always gamble responsibly. Information on responsible gambling is accessible here and also at clause 16.
9.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by us arising directly or indirectly out of any breach by you of any provision of these terms and conditions.
10 OUR LIABILITY TO YOU
10.1 Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and nothing in any disclaimer on this website will exclude or limit our liability in respect of any matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
11. BREACH OF TERMS AND CONDITIONS
11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending or deleting your account or subscription and/or access to this website, prohibiting you from accessing this website, blocking computers using your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website, making a complaint to the Tasmania or Federal Police and/or bringing court proceedings against you.
12. FURTHER WEBSITES
12.1 This website may contain links to other websites operated, controlled or produced by us or a third party. Unless otherwise indicated, we do not control, endorse, sponsor or approve any such third party websites or their content nor do we provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
13.1 We reserve the right to make changes to these terms and conditions from time-to-time and at our sole discretion. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. By continuing to use this website you accept the revised terms and conditions in full. You must not use this website if you do not accept the revised terms and conditions.
14.1 If any of these terms and conditions (or part thereof) are determined by any component authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision (or part thereof) will to that extent be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.
15.1 These terms and conditions will be governed by and construed in accordance with the laws in the State of Tasmania, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Tasmania.
16. RESPONSIBLE GAMBLING AND SUPPORT SERVICES
16.1 We support responsible gambling and acknowledge that some people experience gambling addiction issues. We encourage you to gamble responsibly and within your own limits. However, if you feel that you are experiencing issues with gambling addition, there are support services available in each State and Territory to assist you. For more information, or access to these services, please contact Gamblers Help on 1800 858 858 or gamblinghelponline.org.au, or visit the link provided at clause 8.3.
17.1 “You” and “Your” means you the user of this Website.
17.2 ”We”, “Us” and “Our” means Tasracing Pty Ltd.
Date of Publication – 17 July 2020 (version 1.2)