TERMS AND CONDITIONS
Welcome to the Racinne Australia Pty Ltd Website (the “Site”).
2. Products and Services for Personal Use
2.1 The products and services described on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from us.
2.2 We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
3. Accuracy of Information
3.1 We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
3.2 If a product is not as described, your sole remedy is to return it in unused condition.
4. Intellectual Property
4.1 This Site is our copyright property.
4.2 All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organisation thereof (collectively, the "Content") is the property of Racinne Australia, our affiliates, partners or licensors, and is protected by the law of Australia, including laws governing copyright and trademarks.
4.3 You are provided with access to this Site only for your personal and non-commercial use. Except as set forth in the limited licenses in Section 5, or as required under applicable law, neither the Content nor any portion of the Site may be used, adapted, reproduced, stored, duplicated, distributed or transmitted, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
4.4 Nothing on this Site should be construed as granting any license or right of use of any trade mark or part of a trade mark displayed on this Site without the express written consent of Racinne Australia.
5. Limited Licenses
5.1 We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site.
5.2 This limited license does not include the right to: (a) frame or utilise framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilising any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
5.3 We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page.
5.4 We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorised in writing by us to resume linking.
5.5 Any unauthorised use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
6. Your Obligations and Responsibilities
6.1 In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site.
6.2 Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Racinne Australia, our affiliates, partners or licensors.
7. Third Party Links
7.1 This Site may contain links to linked websites. Those links are provided for convenience only and may not be current or maintained.
7.2 We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement, approval or recommendation by us, our affiliates or our partners of the referenced content, product, service, or supplier.
7.3 Your linking to or from any off-website pages or other websites is at your own risk.
8. Special Features, Functionality and Events
9. Copyright Complaints
9.1 We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to us for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or authorised to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your address, telephone number and email address.
10. Representations and Warranties; Limitation of Liability
10.1 The site is presented "as is." We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, and exclude all representations, warranties and conditions of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties or conditions of satisfactory quality, merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
10.2 The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the Site, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.
10.3 We are not liable to you or anyone else if interference with or damage to your computer systems, business interruption, access delays, data non delivery, or corruption that occurs in connection with use of this Site or a linked Site. You must take your own precautions to ensure that the part of the Site you use are free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the Site will be uninterrupted or error free or that any defects will be corrected.
10.4 We may, from time to time, change or add to this Site (including these Terms and Conditions) or the information, products and services without notice. However, we do not undertake to keep this Site updated. We are not liable to you or anyone else if errors occur in the information on this Site or if that information is not up-to-date.
10.5 Under no circumstances (including but not limited to any act or omission on the part Racinne Australia) will Racinne Australia be liable for any punitive, indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site.
10.6 To the fullest extent permitted by law, Racinne Australia's liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of Racinne Australia to the following:
- in the case of services supplied or offered by Racinne Australia, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the supply of the services again; or (b) the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by Racinne Australia, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired.
10.7 The Terms and Conditions are effective until terminated by Racinne Australia and Racinne Australia may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
10.8 You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
11.1 You agree to defend, indemnify and hold Racinne Australia (its directors, officers, employees and related bodies corporate) harmless for any loss, damages or costs, including reasonable attorneys' fees, arising directly or indirectly from your use of the Site or breach of these Terms and Conditions.
11.2 You also agree to indemnify Racinne Australia (its directors, officers, employees and related bodies corporate) for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
12. Governing Law
12.1 These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
13. Consent to Receive Notices Electronically by Posting on the Site and Via Email
13.1 You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at firstname.lastname@example.org and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 5 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
14.1 You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
14.2 We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such amended Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions.
14.3 Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
If you have any questions regarding these Terms and Conditions, please email us at email@example.com.
Copyright © Racinne (Australia) Pty Ltd.