We are The Australian Turf Club (ACN 148 157 288) (“we, us, our“) and we operate this website (“Site”).
1 Website and Online Sale Terms of Use – General
These Website and Online Sale Terms of Use (“Terms”) apply to your use of the Site and you should read them carefully before starting to use the Site. By using the Site you will be deemed to accept these Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
We may update these Terms at any time by amending this page on the Site. Please check this page regularly to make sure that you are aware of any updates. By continuing to use the Site, you will be deemed to accept any updates and agree to be bound by them.
If you carry out any transaction through the Site (such as by ordering goods or services through the Site), that transaction will be subject to the additional Online Sale Terms set out in section 3.
2 Website Terms of Use
Access to the Site
Access to some parts of the Site may be restricted to users that have registered with us. If we provide you with an ID code or password to access a restricted part of the Site, you must keep that code or password secret and ensure it is not used without your permission. You will be responsible for any access to the Site using your internet connection or your password details, even if the access is by another person.
Intellectual Property Rights
Except where we expressly indicate otherwise, we own all of the intellectual property rights in and to the Site and all materials made available on the Site. All such rights are reserved. You may not print or download extracts of any part of the Site, or any materials displayed on it, without our express prior permission. You acknowledge that we may amend, add or remove any materials on this Site at any time without notice.
Liability
The Site is provided on an “as is” basis and we make no warranties, guarantees or representations in relation to the Site, including as to the quality, completeness or accuracy of any information on the Site (such as any data, plans, maps and graphics). You are solely responsible for all of the information that you submit to us through the Site.
To the maximum extent permitted by law, we: (a) expressly exclude all conditions, guarantees, warranties and other terms which might be otherwise implied into these Website Terms of Use by statute, common law or the law of equity; and (b) are not liable to you for any liability for any direct, indirect or consequential loss, damage or expense incurred by you or any other user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site or any material (including links) made available on the Site. This exclusion will apply whether the liability arises in contract, tort (including negligence), statutory liability or any other basis of civil liability.
Linking and third party applications
Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 11052096_6 2
You may link to the Site home page at www.australianturfclub.com.au, provided you only do so from a website that you own and in a way that is fair and legal. You must not establish a link to the Site in a way that suggests there is any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission by giving notice to you or updating these Website Terms of Use.
3 Online Sale Terms
Where you carry out any transaction through the Site (such as by ordering goods or services through the Site), the following Online Sale Terms apply to each transaction:
a) You must ensure that all information provided by you in relation to your order is accurate, complete and up to date. Your order becomes effective on successful transmission after you press “Submit Payment” on the Site. You cannot cancel the order after that time. You must pay for delivery in addition to the price of the goods, as shown on the Site when you complete your order.
b) We are unable to accept liability if the delivery of your goods is late or if stock is not available in time for scheduled delivery. Risk in the goods passes to you on delivery. We do not accept liability for any loss, theft or damage to the goods after delivery.
c) In relation to functions and hospitality suites booked through the Site:
i. you acknowledge that from time to time, there may be a need to change the prices for functions and hospitality suites that appear on the Site, including as a result of errors. Whilst we will use our best endeavours to minimise such changes, where we identify and correct such prices before you have paid for the relevant function or hospitality suite in full, you agree to pay the correct price for the relevant function or hospitality suite as amended on the Site; and
ii. additional terms apply to the booking of the venue and are set out on the booking form sent to you and which you must complete and send back to us (“Function Booking Terms”). You agree that these additional Function Booking Terms apply to any functions and hospitality suites booked through the Site.
d) If you are an exhibitor at an event at one of our venues, you agree that additional costs may be incurred by us in relation to the use of telecommunication, IT and internet services (“IT Services”) at our venues. You agree to pay us such additional charges for your use of these IT Services at our venues, at such rate we notify to you. You also agree:
i. that any telecommunications, IT or internet equipment (such as internet cables, switches and phones) that we make available to you to access the IT Services at our venues (“IT Equipment”) remains our property at all times;
ii. at the end of your event, to return all of our IT Equipment to us in the same condition you received it;
iii. that if you do not return the IT Equipment to us at the end of your event (or you return the IT Equipment in a condition that renders it unusable), you will be responsible for paying to us the cost of replacing such IT Equipment (as such cost is listed on your event order sheet); and
iv. any other related equipment that is not stated on the event order sheet but is installed by us at your event booth to facilitate the IT Services, remains our property and you must not tamper with, or remove, such equipment.
e) Except as expressly set out in f) below, we make no warranty or guarantee, express or implied, relating to the goods and services, and all warranties, guarantees and
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representations (whether express, implied, statutory or otherwise), in respect of the goods and services are excluded.
f) We acknowledge that certain consumer guarantees may be conferred on you and certain rights and remedies may be conferred on you, which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, we limit our liability to you, at our option to:
i. in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and
ii. in the case of services, re-supply of the services or payment of the cost of re-supplying the services.
g) Except as set out in f) above, we are not liable to you for any liability for any direct, indirect or consequential loss, damage or expense incurred by you arising out of or in relation to the goods or services or use of the goods or services whatsoever.
h) The above exclusions and limitations will apply whether the liability arises in contract, tort (including negligence), statutory liability or any other basis of civil liability.
i) If we cannot accept payment from your credit card the order will not be processed and you will not be contacted.
4 Privacy
We may collect and use information about you through the Site, in accordance with our privacy policy. You can view a copy of this policy by clicking here: http://ww2.australianturfclub.com.au/terms-of-use/privacy-policy.aspx .
5 Governing Law
These Terms will be governed by and construed in accordance with the laws of NSW, Australia and the courts of NSW, Australia will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms.