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Terms and Conditions

1. DESCRIPTION OF SERVICE

Premiumform.com.au currently provides users with access to horse racing data (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Premiumform.com.au products, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Premiumform.com.au assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

You must be at least 18 years of age to access and view such areas. By clicking "I Accept" above or below you certify that you are 18 years of age or older.

2. REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to:

  1. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); and
  2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Premiumform.com.au has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Premiumform.com.au has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

3. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will determine a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:

  1. immediately notify Premiumform.com.au of any unauthorised use of your password or account or any other breach of security; and
  2. ensure that you exit from your account at the end of each session. Premiumform.com.au cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

4. ACCESS

Subject to clause 7, Premiumform.com.au grants the Subscriber access to the Service from the day on which the Subscriber agrees to these terms and conditions.

Premiumform.com.au is not responsible for training the Subscriber in the use of the Service.

The Subscriber agrees to pay Premiumform.com.au any fee as nominated for access to individual products.

When purchasing any products from Premiumform.com.au, the Subscriber will comply with any directions for payment provided at the time of purchase.

5. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

6. MODIFICATIONS TO SERVICE

Premiumform.com.au reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Premiumform.com.au shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

7. TERMINATION

You agree that Premiumform.com.au, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if Premiumform.com.au believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Premiumform.com.au may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Premiumform.com.au may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Premiumform.com.au shall not be liable to you or any third-party for any termination of your access to the Service.

8. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Premiumform.com.au shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

9. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Premiumform.com.au has no control over such sites and resources, you acknowledge and agree that Premiumform.com.au is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Premiumform.com.au shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10. PREMIUMFORM.COM.AU'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Premiumform.com.au or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

11. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

  1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Premiumform.com.au expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
  2. Premiumform.com.au makes no warranty that:

* the service will meet your requirements;
* the service will be uninterrupted, timely, secure, or error-free;
* the results that may be obtained from the use of the service will be accurate or reliable;
* the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and
* any errors in the software will be corrected.
* any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
* no advice or information, whether oral or written, obtained by you from Premiumform.com.au or through or from the service shall create any warranty not expressly stated in the TOS.

12. LIMITATION OF LIABILITY

You expressly understand and agree that Premiumform.com.au shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Premiumform.com.au has been advised of the possibility of such damages), resulting from:

the use or the inability to use the service;

the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;

unauthorised access to or alteration of your transmissions or data;

statements or conduct of any third party on the service; or

any other matter relating to the service.

If you are a resident of Australia, you agree that Premiumform.com.au's liability for any breach of a condition or warranty implied by Division 2 of Part v of the Trade Practices Act (other than a condition or warranty implied by section 69 of that Act) in respect of the service shall be limited as follows:

  1. in the case of goods, to any one or more of the following (as Premiumform.com.au may determine): (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of the goods; (3) the payment of the cost of replacing the goods or acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired.
  2. in the case of services, to one of the following (as Premiumform.com.au may determine): (1) the payment of the supplying of the services again; or (2) the cost of having the services supplied again, except as expressly provided elsewhere.
  3. If you are a resident of New Zealand and use this service for a business purpose, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of the Service or these terms.

13. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.

14. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

15. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Premiumform.com.au and govern your use of the Service, superseding any prior agreements between you and Premiumform.com.au. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Premiumform.com.au shall be governed by the laws of the State of New South Wales without regard to its conflict of law provisions. You and Premiumform.com.au agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New South Wales. The failure of Premiumform.com.au to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Premiumform.com.au and any user of the Service. Any notice to you or to us shall be made by either email or regular mail. We may also give notice of changes to these terms and conditions or other matters related to Premiumform.com.au Auctions by displaying notices to users on the Service. You agree not to resell or assign your rights or obligations under these terms and conditions. You also agree not to make any unauthorised commercial use of the Service.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

16 REFUNDS

Premiumform.com.au will only refund money paid by you if premiumform.com.au terminates access, at a time when your subscription is not in breach of premiumform.com.au’s terms and conditions. Such a refund will be the credit amount at the time of termination minus a $5.50 administration fee. Your refund will be paid direct into your credit card upon you supplying your receipt of purchase, either by facsimile, mail or email.

CONTACT

Premiumform.com.au
2 Raleigh Avenue
Caringbah, NSW, 2229
(02) 9525 8111

PO Box 2280
Taren Point
NSW, 2229