The information and other material available from the RaceRate web
site comes from a number of sources including contributors and third
parties who have given permission for use of their material. Some
of the historic material on the site is impossible to trace with regard
to finding anyone who may have copyright of such material.
If you are a copyright owner (which can be an exclusive licensee),
or their agent, and if you believe that a work is available on the
RaceRate web site in such a way that constitutes an infringement of
copyright, or a breach of an agreed licence or contract, you can notify
us in writing in order that we may act appropriately and remove such
material where proven or credit your copyright accordingly.
Your notification must include:
• information reasonably sufficient to enable us to identify
the copyrighted work that is the subject of the claimed infringement
or, if multiple copyrighted works are involved, a representative list
of such works;
• information reasonably sufficient to permit us to locate and
access such material;
• information reasonably sufficient to permit us to contact
you, such as your name, address, telephone number, and email address;
• an indication of whether you are the owner of the content,
or if you are acting on their behalf (details of all parties must
be supplied including the relationship between them);
• an indication of the law, licence, or contract that you claim
is being transgressed.
TERMS AND CONDITIONS OF USE OF THIS SITE
material and contents contained within the racerate.com web site is
copyright © 1999-2013.
no responsibility for any losses incurred due to the information or
selections supplied by any of our services or methodologies.
All persons using
this service must be 18 years or above.
Whilst all care
is taken in compiling any information for any of our services, no
representation or warranty is given in respect of accuracy or completeness
of the information, and no responsibility for any errors or omissions
is taken or accepted.
not be liable or responsible for any losses purportedly brought about
by any omissions or inaccuracies.
and methodologies are provided for entertainment purposes only and
are done so in good faith.
no responsibility for accuracy or for any monetary losses as a result
of bets being placed due to this information
By using this
service you agree to the above terms.
AND IMPORTANT: ALL USERS MUST READ THIS SECTION
of these Terms and ConditionsBy using this site (the "Site"),
you (the "End User") agree to the terms and conditions that
we ("Racerate.com.au and racerate.com [www.Racerate.com.au and
www.Racerate.com ]") have provided. If you do not wish to agree
to the outlined terms and conditions, please refrain from using this
and racerate.com reserves the right to make any changes to our Terms
without prior notification to you. We suggest to you, therefore, that
Policy and you continue to use our Site, you are impliedly agreeing
and racerate.com " is the interactive online service operated
by Racerate.com.au and racerate.com on the World Wide Web of the Internet
(the "Web"), consisting of information services, content,
and transaction capabilities provided by Racerate.com.au and racerate.com
, affiliates of Racerate.com.au and racerate.com and other third parties.
("Agreement") sets forth the terms and conditions that apply
to the use of this Site by the End User. By using this Site (other
than to read this Agreement for the first time), End User agrees to
comply with all of the terms and conditions hereof. The right to use
this Site is personal to End-User and is not transferable to any other
person or entity. End User shall be responsible for protecting the
confidentiality of End User's password(s), if any. End User acknowledges
that, although the Internet is generally a secure environment, sometimes
there are interruptions in service or events that are beyond the control
of Racerate.com.au and racerate.com , and Racerate.com.au and racerate.com
shall not be responsible for any data lost while transmitting information
on the Internet.
and racerate.com shall have the right at any time to change or discontinue
any aspect or feature of Racerate.com.au and racerate.com including,
but not limited to, content, hours of availability and equipment needed
for access or use.
3. Modified Terms.
and racerate.com reserves the right at all times to discontinue or
necessary or desirable without prior notification to you. Such changes
may include, among other things, the adding of certain fees or charges.
We suggest to you, therefore, that you re-read this important notice
order that you stay informed as to any such changes. If we make changes
expressed herein. Any such deletions or modifications shall be effective
immediately upon Racerate.com.au and racerate.com 's posting thereof.
Any use of Racerate.com.au and racerate.com by End User after such
notice shall be deemed to constitute acceptance by End User of such
End User shall
be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of this
Site and all charges related thereto Racerate.com.au and racerate.com
shall not be liable for any damages to the End User's equipment resulting
from the use of this Site.
5. End User Conduct.
This Site and
any individual websites microsites now or hereinafter contained within
or otherwise available through external hyperlinks with our Web site
(the "Microsites") is private property. All interactions
on this Site and/or the Microsites must comply with these Terms of
Use. Although we welcome and encourage user interaction on our Site,
we do insist and require that all end users restrict any and all activity
in connection with the use of this Site and the Microsites to that
which involves lawful purposes only. End User shall not post or transmit
through this Site any material which violates or infringes in any
way upon the rights of others, or any material which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law, or which, without
Racerate.com.au and racerate.com express prior approval, contains
advertising or any solicitation with respect to products or services.
Any conduct by an End User that in Racerate.com.au and racerate.com
exclusive discretion restricts or inhibits any other End User from
using or enjoying this Site and/or any of the Microsites is strictly
prohibited. End User shall not use this Site or any of the Microsites
to advertise or perform any commercial, religious, political or non-commercial
solicitation, including, but not limited to, the solicitation of users
of this Site and/or the Microsites to become users of other on- or
offline services directly or indirectly competitive or potentially
competitive with Racerate.com.au and racerate.com .
provisions of this Section 5 apply equally to and are for the benefit
of Racerate.com.au and racerate.com , its subsidiaries, affiliates
and its third party content providers and licensors, and each shall
have the right to assert and enforce such provisions directly or on
its own behalf.
6. Copyright and
To be advised.
of Warranty; Limitation of Liability.
End user expressly
agrees that use of this site and the microsites is at end user's sole
risk. Neither Racerate.com.au and racerate.com , its affiliates nor
any of their respective employees, agents, third party content providers
or licensors warrant that Racerate.com.au and racerate.com will be
uninterrupted or error free; nor do they make any warranty as to (i)
the results that may be obtained from use of this site, or (ii) the
accuracy, reliability or content of any information, service, or merchandise
provided through this site or the microsites.
This site and
the microsites are made accessible on an "as is" basis without
warranties of any kind, either express or implied, including, but
not limited to, warranties of title or implied warranties of merchantability
or fitness for a particular purpose, other than those warranties which
are implied by and incapable of exclusion, restriction or modification
under the laws applicable to this agreement.
of liability applies to any damages or injury caused by any failure
of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration of, or
use of record, whether for breach of contract, tortious behavior,
negligence, or under any other cause of action. End user specifically
acknowledges that Racerate.com.au and racerate.com is not liable for
the defamatory, offensive or illegal conduct of other users or third-parties
and that the risk of injury from the foregoing rests entirely with
In no event shall
Racerate.com.au and racerate.com , or any person or entity involved
in creating, producing or distributing this site or the contents hereof,
including the microsites and any software, be liable for any damages,
including, without limitation, direct, indirect, incidental, special,
consequential or punitive damages arising out of the use of or inability
to use this site. End user hereby acknowledges that the provisions
of this section shall apply to all content on this site and the microsites
In addition to
the terms set forth above, neither Racerate.com.au and racerate.com
, nor its affiliates, information providers or content partners shall
be liable regardless of the cause or duration, for any errors, inaccuracies,
omissions, or other defects in, or untimeliness or unauthenticity
of, the information contained within this site or any of the microsites,
or for any delay or interruption in the transmission thereof to the
end user, or for any claims or losses arising therefrom or occasioned
thereby. None of the foregoing parties shall be liable for any third-party
claims or losses of any nature, including without limitation lost
profits, punitive or consequential damages.
and racerate.com is not responsible for any content that a user, subscriber,
or an unauthorized user may post on its this site or any of the microsites.
Any content that is posted or uploaded that is or may be deemed unsuitable
can and may be taken down by Racerate.com.au and racerate.com . Moreover,
Racerate.com.au and racerate.com reserves the right to edit, change,
alter, delete, prohibit any and all content that it, Racerate.com.au
and racerate.com , deems unsuitable.
and racerate.com shall have the right, but not the obligation, to
monitor the content of the Site at all times, including any chat rooms
and forums that may hereinafter be included as part of the Site, to
determine compliance with this Agreement and any operating rules established
by Racerate.com.au and racerate.com , as well as to satisfy any applicable
law, regulation or authorized government request. Without limiting
the foregoing, Racerate.com.au and racerate.com shall have the right
to remove any material that Racerate.com.au and racerate.com , in
its sole discretion, finds to be in violation of the provisions hereof
or otherwise objectionable.
Please read our
10. License Grant.
By posting communications
on or through this Site, End User shall be deemed to have granted
to Racerate.com.au and racerate.com a royalty-free, perpetual, irrevocable,
non-exclusive license to use, reproduce, modify, publish, edit, translate,
distribute, perform, and display the communication alone or as part
of other works in any form, media, or technology whether now known
or hereafter developed, and to sublicense such rights through multiple
tiers of sublicensees.
End User agrees
to defend, indemnify and hold harmless Racerate.com.au and racerate.com
, its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of this Site and/or the Microsites by
and racerate.com or End User may terminate this Agreement at any time.
Without limiting the foregoing, Racerate.com.au and racerate.com shall
have the right to immediately terminate any passwords or accounts
of End User in the event of any conduct by End User which Racerate.com.au
and racerate.com , in its sole discretion, considers to be unacceptable,
or in the event of any breach by End User of this Agreement. The provisions
of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this
To be advised.
14. Third Party
and racerate.com , similar to an Internet Service Provider, is a distributor
(and not a publisher) of content supplied by third parties and End
Users. Accordingly, Racerate.com.au and racerate.com has no more editorial
control over such content than does a public library, bookstore, or
newsstand. Any opinions, advice, statements, services, offers, or
other information or content expressed or made available by third
parties, including information providers, or any other end users are
those of the respective author(s) or distributors) and not of Racerate.com.au
and racerate.com . Neither Racerate.com.au and racerate.com nor any
third-party provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness for
any particular purpose. (Refer to Section 6 above for the complete
provisions governing limitation of liabilities and disclaimers of
In many instances,
the content available through this Site represents the opinions and
judgments of the respective information provider, end user, or other
user not under contract with Racerate.com.au and racerate.com . Racerate.com.au
and racerate.com neither endorses or is responsible for the accuracy
or reliability of any opinion, advice, or statement made on Racerate.com.au
and racerate.com by anyone other than authorized Racerate.com.au and
racerate.com employee spokespersons while acting in official capacities.
Under no circumstances
will Racerate.com.au and racerate.com be liable for any loss or damage
caused by an end user's reliance on information obtained through Racerate.com.au
and racerate.com . It is the responsibility of End User to evaluate
the accuracy, completeness, or usefulness of any information, opinion,
advice, etc., or other content available through Racerate.com.au and
and racerate.com contains links to third party Web sites maintained
by other content providers. These links are provided solely as a convenience
to you and not as an endorsement by Racerate.com.au and racerate.com
of the contents on such third-party sites and Racerate.com.au and
racerate.com hereby expressly disclaims any representations regarding
the content or accuracy of materials on such third-party Web sites.
If End User decides to access linked third-party Web sites, End User
does so at its own risk.
and any operating rules for Racerate.com.au and racerate.com established
by Racerate.com.au and racerate.com constitute the entire agreement
of the parties with respect to the subject matter hereof. No waiver
by either party of any breach or default hereunder is a waiver of
any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall be of no legal force
and racerate.com 's head office is at Launceston, Tasmania, Australia.
Legal issues arising out of, but not exclusive to the use of, this
Site or the Microsites (unless otherwise specifically stated) are
governed by and in accordance with the laws of Australia. By using
this Site, End User agrees that the exclusive forum for the bringing
of any claims or causes of action arising out of or relating to End
Users use of the Site or the Microsites (unless otherwise specifically
stated) is the Australian Court System, or if such court lacks subject
matter jurisdiction, the Supreme Court of the State of Tasmania. End
User hereby accepts and submits to the jurisdiction of such court
in any such proceeding or action, and irrevocably waives, to the fullest
extent permitted by law, any objection which End User may now or hereinafter
have to the laying of the venue of any such action or proceeding brought
in such a court and any claim that any such action or proceeding brought
in such a court has been brought in an inconvenient forum.
racing systems and research