Equestrian Publishing Pty Ltd. (Practical Punting) User Agreement
You may wish to print this page for reference, because it's a little long.
This Agreement sets forth the terms and conditions for your use of this Web site and our products and services. Your use of this site constitutes your agreement to these terms and conditions.
This Agreement (the "Agreement") is between you and Equestrian Publishing Pty Ltd. Roseville, NSW, 2069 Australia.
1. Your Rights.
Equestrian Publishing grants you a non-exclusive, non-transferable, limited right to access, use and display this Web site (the "Site") and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
2. Membership Service Charges.
Certain features of this site are available only through the purchase of a membership ("Fee-Based Services").
(a) You agree to pay, using a valid card, the annual membership fees set forth on the Site, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. Equestrian Publishing reserves the right to increase fees, surcharges, and site membership fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. Equestrian Publishing will automatically charge your account for renewal of your membership if you have taken up the 'Continuous Service Guarantee' when ordering. The renewal charge will be the current published rates for the term of your membership. In the event Equestrian Publishing cannot charge your card or does not receive renewal invoice payment within a reasonable time, we reserve the right to terminate your access to the Fee-Based Services.
(b) 'Continuous Service Guarantee' If you have taken this option when ordering, you will ensure and enjoy continuous service at the lowest possible renewal rate each new term, unless you tell us to stop, with billing in advance of each new term. You agree to authorise Equestrain Publishing to charge your card, and you can cancel your renewal at any time. In the event that payment cannot be completed using your nominated card, you further authorise us to attempt to charge any other card you may have registered with us until payment is successful. If you would like to amend your request please go to our website and login to your account and amend your membership details for this service. Just go to the 'My Tips' page, click on the 'settings' button for this service and you can opt out there. If you would like to discuss or clarify any aspect please do so and let us know by sending an email to us through the Contact Us page and submitting the request, or via postal mail sent to Equestrian Publishing, PO Box 614, Roseville, NSW, 2069. A landline contact number is +61 2 9880 9516.
3. Fee-Based Services - products & orders.
Should you receive an incorrect or faulty product associated with our Fee-Based Services, please immediately contact Equestrian Publishing and we can arrange, as appropriate, either a goods exchange, refund or gift voucher replacement. Goods will not be accepted for return or refund later than 30 days of your receiving the goods.
Fee-Based Services are non-refundable and non-transferable. Pro-rata refunds are not available on our Fee-Based Services, however a Fee-Based Services may be discontinued with notice to the customer (with a pro-rata refund).
4. Financial responsibility.
You agree not to assign, transfer or sublicense your rights as a Member to the Fee-Based Services, without first contacting Equestrian Publishing for written permission. Permission is at the discretion of Equestrian Publishing.You agree to be financially responsible for all usage or activity on your Fee-Based Services account until such time as the registration information is changed with written acknowledgement and approval of Equestrian Publishing.
If you request to change the individual name for an account your organization has paid for, at its discretion Equestrian Publishing may change the user name and password without charge, and grant that new user all rights and privileges of membership.
In addition to any other rights of the parties set forth herein, either you or Equestrian Publishing may cancel or terminate this Agreement at any time in accordance with the subscription help instructions. Equestrian Publishing also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If Equestrian Publishing terminates this Agreement based on a breach of any portion of this Agreement, Equestrian Publishing reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.
In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all Internet access lines (including long-distance charges, when applicable) and computer equipment and any service fees necessary to access the Fee-Based Services.
For purposes of ID and billing, you agree to provide Equestrian Publishing with accurate, complete, and updated information required by the site membership registration to the Fee-Based Services ("Registration Data"), including your name, address, telephone number(s), and applicable payment data (e.g., credit card number, e-mail address, and expiration date). You may update and correct your registration data at any time by amending your details within your 'MY ACCOUNT' profile, by contacting us and submitting the request, or via postal mail sent to Equestrian Publishing, PO Box 614, Roseville, NSW, 2069. Equestrian Publishing is not responsible for the security of credit card information sent via email. A landline contact number is +61 2 9880 9516.
You agree to promptly contact Equestrian Publishing to update your Registration Data, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your Membership until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, contact Equestrian Publishing.
We may in our absolute discretion terminate this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you. We may in our absolute discretion terminate any user’s membership, either paid or otherwise, at any time and for any reason which we deem appropriate with or without prior notice to you.
6. Copyright and Trademarks.
All materials on the Site, including without limitation text, images, software, audio and video clips, databases, libraries and Fee-Based Services (collectively, the "Content") are owned or controlled by Equestrian Publishing which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of Australia and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of Equestrian Publishing.
7. Comments and Submissions Forms
Equestrian Publishing may make available to users of the site, comments forms, Testimonials Forms, Creative Samples submissions, Surveys, Blog Comments, and other interactive communication facilities by means of the Site and related survey forms (such facilities collectively referred to herein as the "Forums"). Equestrian Publishing cannot review all communications made on or through the Site. However, Equestrian Publishing reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any materials which Equestrian Publishing in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any Equestrian Publishing policy.
8. Communicating with the Site.
You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum or submission as defined above (the "Communications"). You shall not upload to, or distribute to, or otherwise publish through the Forums any Communication which
(ii) is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
(ii) constitutes or contains false or misleading indications of origin or statements of fact;
(iii) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(iv) causes injury of any kind to any person or entity;
(v) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
(vi) violates any applicable laws, rules, or regulations or
(vii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Furthermore, you acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Site. Equestrian Publishing do not endorse or accept any Communications as its own or representative of its views.
9. Public Communications.
You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that
(i) you have no expectation of privacy in any public Communication and
ii) no confidential, fiduciary, contractually implied or other relationship is created between you and Equestrian Publishing by reason of your transmitting a public Communication to any area of the Site. By transmitting any public Communication to the Site, you grant to Equestrian Publishing a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such public Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such public Communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, "moral rights," or any similar rights under any jurisdiction.
10. Your password.
As part of the registration process, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Fee-Based Services, and agree that Equestrian Publishing will have no obligations with regard thereto.
12. Information Provided.
You acknowledge that any reliance upon any advice, opinion, statement, data, or other information displayed or distributed through the Site is at your sole risk. Equestrian Publishing reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that Equestrian Publishing is not responsible for any materials posted by users of the Site.
13. Links to Other Sites.
You hereby agree to indemnify, defend and hold harmless Equestrian Publishing from and against any and all liability and costs incurred by Equestrian Publishing in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Equestrian Publishing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Equestrian Publishing.
15. DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EQUESTRIAN PUBLISHNING MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY EQUESTRIAN PUBLISHNING. EQUESTRIAN PUBLISHNING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
16. LIMITATION OF LIABILITY.
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL EQUESTRIAN PUBLISHNING BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF EQUESTRIAN PUBLISHNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF EQUESTRIAN PUBLISHNING HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES DURING YOUR CURRENT TERM OF SERVICE. YOU HEREBY RELEASE EQUESTRIAN PUBLISHNING FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(a) To the Agreement. Equestrian Publishing. has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialisation Policy. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Equestrian Publishing in providing the Site, including without limitation
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the subscription help instructions.
(b) To the Site.
Equestrian Publishing has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. Equestrian Publishing may also impose limits on certain features and services or restrict your access to parts or all of the Equestrian Publishing Site without notice or liability.
This Agreement constitutes the entire agreement between you and Equestrian Publishing with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and Equestrian Publishing. Failure by Equestrian Publishing to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of New South Wales (excluding its choice of law rules). In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
We respect your privacy
We collect personal information when we provide our services to you. This is collected in a number of ways including:
Directly from you when you enter your personal details on our websites to join, subscribe or update your details.
From publicly available sources of information, including third parties from whom we may acquire lists.We will tell you why we are collecting information when we collect it and how we plan to use it or these things will be obvious when we collect the information.
Use of Information
We usually collect information from you to:
Identify you and to assist you to obtain the Company's products and services you require.
Administer and manage these services.
Conduct research and develop and improve our products and services.
Gain an understanding of your needs in order to provide you with better and more personalized products and services tailored to your requirements.
Promote and market to you other products, which may be of interest to you.
We take all reasonable steps to ensure that your personal information is stored securely. Transmissions sent to or from our websites are routinely monitored for quality control and systems administration. Unfortunately no data transmission over the Internet can be guaranteed to be totally secure, however we strive to protect your personal information to the maximum extent possible. We use a variety of physical and electronic methods including restricting access to offices, databases and firewalls to keep personal information secure from misuse, loss or unauthorized use.
Credit card information is among the most important information we collect. Equestrian Publishing operates secure servers, to minimize the risk of unauthorized use of this type of information.
Access to Personal Information
You have the right to access most personal information we hold about you and if we deny access in certain circumstances we will tell you why. If you would like to do so please let us know by sending an email to the Contact Us page.
Information posted on bulletin boards or communicated within a chat room becomes public information. We cannot guarantee the security of this type of disclosed information.
Whilst past results can indicate a reliable method, turf speculation cannot be guaranteed for future performance. Equestrian Publishing Pty Ltd (the Company) therefore does not provide any guarantees or warranties against or in respect of fulfillment of future profits.
When deciding how much to outlay on your bets you must make sure not to over extend these amounts and you must never outlay more than you can comfortably afford to lose.
For the majority of people, gambling is an enjoyable leisure and entertainment activity. However, for some, gambling can have negative impacts.
We believe it is vital that you know your limits and enjoy the fun. We strongly repeat that you budget to ensure your gambling expenditure is kept to an amount you can afford.
The Company takes all care in compiling the information and content but cannot accept responsibility for any errors.
All information and links on this site and its newsletters is provided for guidance and entertainment purposes only. It is opinion and not necessarily fact. All care is taken to source accurate information but this is not necessarily professional advice.
All views and opinions expressed on the site and newsletters are not necessarily the views of the Company and is therefore not liable for any actions pertaining to the use of the supplied information. The Company disclaims all responsibility for the views expressed.
Whilst the Company has preventative measures in place to protect against spam and viruses we are not liable for any spam or viruses encountered whilst using our website. The Company highly recommends you take your own precautions by using anti-virus software.
We do not warrant the completeness or accuracy of the Content or its usefulness for any particular purpose. And although we have hard working and talented people, we make no makes no promises that our Content will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, except as otherwise may be required by law, we’re not making any promises or warranties except that we will do our best to provide interesting and helpful information, education, and entertainment. All information provided on this website to be used on an “as is, with all faults” basis.
To the fullest extent permitted by law, neither us or our employees, contractors, parent, affiliates or agents will be liable for any direct, indirect, incidental or any other type of loss or injury resulting from your use, or downloading of any Content. This includes, but is not limited to, loss or injury caused in whole or in part by our negligence or by contingencies beyond our control in creating or delivering any portion of the website.
Subscribing to Equestrian Publishing Membership and or use of the site or any of the company's materials and information produced indicates your agreement to the terms and conditions set forth above.