Website terms & conditions

APPLICATION OF THE TERMS OF USE

This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on the Mediality Racing Web SiteS (Other Agreement) or in the Registration Terms and Conditions governing use of certain products and services on the www.megaform.com.au site (Registration Terms) form the conditions of supply of content on, use and access to the Mediality Racing Web Sites. In the event of any conflict or inconsistency between this agreement, the Registration Terms and the Other Agreement, the conflict or inconsistency shall be resolved according to the following precedence of documents (highest to lowest): the Registration Terms; the Other Agreement; this agreement. Your use of the Mediality Racing Web Sites constitutes your acceptance of these terms.

MEDIALITY RACING WEB SITES

The web sites which form the ‘Mediality Racing Web Sites’ (including the www.megaform.com.au site) are operated by Mediality Pty Ltd and its related bodies corporate.

USE OF CONTENT INCLUDED ON THE MEDIALITY RACING WEB SITES

All information, text and images included on the Mediality Racing Web Sites is for personal use only and may not be re-written, copied, re-sold or re-distributed, framed, linked or otherwise used whether for compensation of any kind or not, without the prior written permission of Mediality Racing.

ACCURACY OF CONTENT

The Mediality Racing Web Sites and content included on them are published for information purposes only without assuming a duty of care. Mediality Racing is not in the business of providing professional advice, and gives no warranty, guarantee or other representation about the accuracy of the information or images contained on the Mediality Web Sites. Mediality Racing is not liable for errors, omissions in, delays or interruptions to or cessation of the Mediality Racing Web Sites through negligence or otherwise.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Mediality Racing and its third party suppliers exclude all liability to any person for loss or damage of any kind arising from or relating in any way to the content included on the Mediality Racing Web Sites and /or any use of the Mediality Racing Web Sites. Where any law implies a condition, warranty or guarantee into these terms of use which may not be lawfully excluded, then to the maximum extent permitted by law, Mediality Racing’s liability for breach of the condition, warranty or guarantee will at Mediality Racing’s option be limited to the re-supply of the relevant service or the payment of the cost of having that service resupplied.

COPYRIGHT

Unless otherwise stated, Mediality Racing reserves all copyright in the content and design of the Mediality Racing Web Sites. Mediality Racing owns all such copyright or uses it under licence or applicable law. You may view the Mediality Racing Web Sites and their content using your web browser and make a temporary copy of all or part of the Mediality Racing Web Sites for your personal use only.

TRADE MARKS

The Mediality Racing Web Sites include registered and unregistered trade marks, including but not limited to Mediality Racing, the Mediality Racing logo, FORM ANALYSER, FASTFORM, HORSESEARCH AND NETFORM. You may not use any of Mediality Racing’s trade marks or the names ‘Mediality Racing Pty Ltd’ or without first obtaining Mediality Racing’s prior written consent.

PRIVACY

Mediality Racing will collect and use personal information in accordance with Mediality Racing’s privacy policy (as subject to Australia’s privacy laws), which is available on the Mediality Racing Web Sites.

APPLICABLE LAW

These terms of use and all other specific and additional terms which govern your use or access to the Mediality Racing Web Sites will be governed and construed in accordance with the laws of the state of New South Wales, Australia.

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