UNBRIDLED RACING TERMS OF USE
Unbridled Racing Pty Ltd ACN 617 122 951 (Unbridled Racing, we, us, our) operates an online platform through which users may apply for units in a class of a Racehorse Ownership Scheme, which units confer an economic interest referable to one or more thoroughbred racehorses, including the Unbridled Racing Products. The Unbridled Racing Products are issued by the Responsible Entity, and Unbridled Racing acts as the manager of the Racehorse Ownership Schemes and as an authorised representative of the Responsible Entity. Unbridled Racing also operates the Unbridled Racing Applications that can be used to browse available offerings, apply for the Unbridled Racing Products and interact with Unbridled Racing regarding the Unbridled Racing Products.
To apply for the Unbridled Racing Products and use the Unbridled Racing Applications, you may need to register with Unbridled Racing for an Account.
These terms of use apply to and govern the creation and use of Your Account and Your access to and use of the Unbridled Racing Applications. You agree to and will be bound by these terms of use from the earlier of when You: (a) access the Unbridled Racing Website; (b) download and/or use the Unbridled Racing Applications; and (c) register for or create an Account.
Definitions and Interpretation
1.1 Definitions
In these terms of use, unless the context otherwise requires:
(a) Account means an online account created by a User to be able to apply for and acquire Unbridled Racing Products.
(b) AML/CTF Act means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
(c) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) (or any equivalent State or Territory legislation).
(d) Consequential Loss means:
(i) all indirect and consequential Loss;
(ii) all Loss beyond the normal measure of damages; and
(iii) all Loss of revenue, Loss of data, Loss of reputation, Loss of profits, Loss of actual or anticipated savings, Loss of bargain, lost opportunities, including opportunities to enter into arrangements with third parties, Loss of use, cost of capital or costs of substitute goods, facilities or services.
(e) Improvement means any modification, alteration, development, new use or other change to the Unbridled Racing Applications which makes them more accurate, more useful, more functional, more efficient, more cost effective or in any other way improves the performance of the Unbridled Racing Applications.
(a) Intellectual Property means all present and future copyright, rights to inventions including patents and patent applications, modifications or improvements to the same, registered and unregistered trade marks, registered andunregistered designs, rights to trade secrets and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
(b) Login Details means the username and password or other means of authentication which the User is required to provide in order to be able to access their Account.
(c) Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and whether direct loss or Consequential Loss.
(d) Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
(e) Racehorse Ownership Scheme means a managed investment scheme registered with ASIC and structured as a unit trust which is operated by the Responsible Entity, and in respect of which the Responsible Entity issues units in separate classes, with the assets and liabilities referable to each class relating to one or more thoroughbred racehorses acquired for that class, units in which are offered to Users including through the Unbridled Racing Applications.
(f) Responsible Entity means Sire Custodians Ltd ABN 45 005 088 371 (AFSL 223671), as the responsible entity of the Racehorse Ownership Schemes, or any other responsible entity of a Racehorse Ownership Scheme from time to time.
(g) Term has the meaning given in clause 8.1 of these terms of use.
(h) Third Party Application means any product, service, system, application or internet site that is integrated or interfaced with the Unbridled Racing Applications or otherwise interacts with the Unbridled Racing Applications and that is owned or operated by a Third Party Provider.
(i) Third Party Provider means any third party that provides services, support, technology and/or other products or services that are used by a person (including You) in connection with the Unbridled Racing Applications.
(j) Unacceptable Content means any:
(i) content which, in Unbridled Racing’s reasonably held opinion, is obscene, offensive, upsetting, defamatory, illegal or inappropriate, infringes or appears to infringe the intellectual property rights of any person or contravenes or appears to contravene any applicable laws, regulations or codes of conduct;
(ii) content which is incorrect, false or misleading;
(iii) files with any viruses, malicious code or other conditions which could damage or interfere with data, hardware or software; or
(iv) content that, in Unbridled Racing’s reasonably held opinion, is objectionable or which may expose Unbridled Racing, its affiliates or users to any harm or liability.
(k) Unbridled Racing Applications means any websites, applications, portals or other online services operated by Unbridled Racing through which users can apply for Unbridled Racing Products or interact with Unbridled Racing in relation to Unbridled Racing Products (including the Unbridled Racing Website).
(l) Unbridled Racing Content means any content, materials, images, information and data accessible from the Unbridled Racing Applications or otherwise made available to a User through the Unbridled Racing Applications.
(m) Unbridled Racing Disclosure Document means the product disclosure statement, any supplementary product disclosure statement, and target market determination for an Unbridled Racing Product, and any continuous or ongoing disclosure made in relation to an Unbridled Racing Product including via the Unbridled Racing Applications.
(n) Unbridled Racing Website means the website owned and operated by Unbridled Racing located at https://unbridledracing.com.au/ or any other website operated by Unbridled Racing from time to time.
(o) Unbridled Racing Products means units in a class of a Racehorse Ownership Scheme issued by the Responsible Entity and other products and services of Unbridled Racing from time to time.
(p) Unbridled Racing Product Agreement means, in respect of an Unbridled Racing Product, the application form completed by You, and the constitution of the relevant Racehorse Ownership Scheme, and any other agreement entered into, or to be entered into, between You and Unbridled Racing or the Responsible Entity regarding the provision of the Unbridled Racing Products.
(q) User or You means a person who accesses or uses the Unbridled Racing Applications and who accepts these terms of use.
(r) Your Information means all information (including Personal Information), data or other content of or relating to You or Your financial, business or personal circumstances that you provide to Unbridled Racing from time to time (including via the Unbridled Racing Applications).
1.2 Interpretation
In these terms of use, headings are inserted for convenience only and do not affect the interpretation of these terms of use and, unless the context otherwise requires:
(a) the singular includes the plural and vice versa and if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(b) the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’, ‘such as’ or similar expressions; and
(c) a reference to a person includes an individual, a partnership, a corporation or other corporate body, a joint venture, a firm, a trustee, a trust, an association (whether incorporated or not), a government and a government authority or agency.
2 Access to the Unbridled Racing Applications
2.1 Grant of access
During the Term Unbridled Racing will permit You (on a personal, non-exclusive, non-transferable, not-for resale or sub-license, basis) to access and use the Unbridled Racing Applications and/or your Account strictly in accordance with these terms of use.
2.2 Access restrictions
You must not:
(a) modify, adapt, translate, reverse engineer, de-compile, disassemble or copy all or any part of the Unbridled Racing Applications or otherwise interfere or attempt to interfere with the proper working of the Unbridled Racing Applications;
(b) publish, communicate or otherwise make publicly available any of the Unbridled Racing Applications or your Account that is not communicated to the general public by Unbridled Racing;
(c) consent to any other person modifying, adapting, translating, reverse engineering, de-compiling, disassembling or copying the Unbridled Racing Applications;
(d) attempt to circumvent or break any encryption, decryption or other security device or technological protection measure contained in the Unbridled Racing Applications or your Account;
(e) provide false, inaccurate or misleading information when accessing or using the Unbridled Racing Applications or Your Account, impersonate any person or entity, or misrepresent Your affiliation with any person or entity;
(f) use the Unbridled Racing Applications to further or promote any unlawful activity or enterprise, or to provide instructional information about unlawful activities; or
(g) cause or permit any third party to engage in any of the acts referred to above.
2.3 Use obligations
Without limiting Your other obligations under these terms of use:
(a) You must comply with all reasonable policies regarding the use of the Unbridled Racing Applications that Unbridled Racing notifies You of from time to time;
(b) You must use the Unbridled Racing Applications and Your Account in accordance with all applicable laws;
(c) You must not use the Unbridled Racing Applications or your Account in any way or for any purpose other than as contemplated by these terms of use;
(d) where You submit Your information (including for the purposes of creating your Account, applying for an Unbridled Racing Product or interacting with Unbridled Racing in respect of an Unbridled Racing Product), You warrant that such information is accurate, true and up to date; and
(e) where You submit information on behalf of a third party, You warrant you have prior authorisation from that third party to submit that information.
2.4 Your responsibilities
You will be responsible for:
(a) satisfying yourself that the Unbridled Racing Applications are compatible with Your own hardware, software and internet and network capabilities and maintaining all hardware, software, and other technology necessary to be able to access and use the Unbridled Racing Applications. To the extent permitted by law, Unbridled Racing does not provide any warranties or commitments that the Unbridled Racing Applications will remain compatible with any particular device, operating system or operating system version; and
(b) taking reasonable steps and precautions to protect the security of Your hardware, including ensuring the hardware does not have any viruses, malicious code or other conditions which could damage or interfere with data, hardware, softwareor the Unbridled Racing Applications.
2.5 Monitoring use and access
You acknowledge and agree that for security, statistical, compliance, regulatory and other related purposes Unbridled Racing may monitor access to and use of the Unbridled Racing Applications or your Account by You and other Users and record or otherwise capture data or other information relating to access to and use of the Unbridled Racing Applications or your Account by You and other Users.
Unbridled Racing Applications
Acknowledgements
You acknowledge and agree that:
(a) All content available on the Unbridled Racing Applications regarding the Unbridled Racing Products, including (without limitation) any statements, representations and information is general information or general financial product advice only and does not take into account your objectives, financial situation or needs. Before acting on any such content, you should consider its appropriateness having regard to your objectives, financial situation and needs.
(b) You are responsible for ensuring that all Information that you provide to Unbridled Racing, including via the Unbridled Racing Applications is accurate and complete.
(c) The content available on the Unbridled Racing Applications should not be relied upon as the basis of any decision you make relating to your proposed acquisition of any Unbridled Racing Products. You should undertake your own enquiries, obtain and read in their entirety the Unbridled Racing Disclosure Documents for the relevant Unbridled Racing Product, and seek independent advice before making any decisions regarding the acquisition of the Unbridled Racing Products. Whilst we will endeavour to keep the Unbridled Racing Applications and the content on the Unbridled Racing Applications up to date and accurate, we cannot guarantee that the Unbridled Racing Applications and the content on the Unbridled Racing Applications will always be up to date or accurate. Unless otherwise expressly stated, information in the Unbridled Racing Disclosure Documents and Unbridled Racing Product Agreement for the relevant Unbridled Racing Product prevails to the extent of any inconsistency with information on the Unbridled Racing Applications.
(d) The Unbridled Racing Applications provide access to opportunities to apply for units in a class of a Racehorse Ownership Scheme and related experiences. Legal title to each thoroughbred racehorse, or interest in a thoroughbred racehorse,acquired for a Racehorse Ownership Scheme is held by the Responsible Entity in its capacity as responsible entity of that scheme. The acquisition of units through the Unbridled Racing Applications does not confer direct legal ownership of, or possession rights in respect of, any thoroughbred racehorse, or any entitlement to any particular asset of a Racehorse Ownership Scheme or to any part of those assets.
(e) Neither Unbridled Racing nor the Responsible Entity guarantees the performance of any Racehorse Ownership Scheme or Unbridled Racing Product, the repayment of capital, the payment of any distribution or any particular rate of return. Past performance (including of any horse, trainer, owner, breeder or racing operation) is not a reliable indicator or guarantee of future performance or returns. Any forecast, projection or estimate made available through the Unbridled Racing Applications is not a guarantee of future performance.
(f) The acquisition and holding of units in a Racehorse Ownership Scheme involves inherent risks, including the risk that a horse may be injured, die, retire from racing, fail to perform as expected, decrease in value, or generate no return, any other risk disclosed to You in a Unbridled Racing Product Agreement or Unbridled Racing Disclosure Documents, and You may lose all or part of the amount paid to acquire those units. The risks of acquiring and holding units are described in the Unbridled Racing Disclosure Documents for the relevant Unbridled Racing Product, which You should read before applying.
(g) Horses are living animals, and significant expenses are associated with their ownership, training and care, which are generally funded by levies payable by holders of units in the relevant class (as detailed in the Unbridled Racing Product Agreement and Unbridled Racing Disclosure Documents) and which may affect the returns (if any) generated from those units.
(h) Unbridled Racing does not endorse, or make any recommendations for, one racehorse or Racehorse Ownership Scheme over another.
(i) Unbridled Racing acts as an authorised representative of the Responsible Entity and may only provide general advice in relation to the Unbridled Racing Products. Unbridled Racing does not provide personal financial product advice that has taken into account Your objectives, financial situation or needs, investment advice, legal advice, taxation advice or any other professional advice. You should obtain your own independent legal, financial, taxation and other professional advice before acquiring any Unbridled Racing Product.
(j) Your rights and obligations as a holder of units in a class of a Racehorse Ownership Scheme are governed by the relevant Unbridled Racing Product Agreement and Unbridled Racing Disclosure Documents for that Racehorse Ownership Scheme and the Corporations Act 2001 (Cth). To the extent of any inconsistency between these terms of use and the Unbridled Racing Product Agreement or the terms of issue of units set out in the Unbridled Racing Disclosure Documents, the Unbridled Racing Product Agreement and those terms of issue prevail. Nothing in these terms of use extinguishes, amends or adds to Your rights, obligations or duties under the Unbridled Racing Product Agreement of, or the terms of issue of units in a Racehorse Ownership Scheme.
(k) Any cooling off rights that apply to Your acquisition of an Unbridled Racing Product, and the process for making a complaint in relation to an Unbridled Racing Product, are as set out in the Unbridled Racing Disclosure Documents for that product.
3.2 Content and features
(a) Unbridled Racing reserves the right to change the functionality of the Unbridled Racing Applications or your Account at any time without prior written notification, provided that if any change would require the payment of any fee or charge for the use of the Unbridled Racing Applications or otherwise have a material adverse impact on You, we will use reasonable efforts to provide you with 30 days notice before making such change, and any other notice detailedin the Unbridled Racing Product Agreement or or Unbridled Racing Disclosure Documents.
(b) You agree that:
(i) not all of the features, functions and other benefits of the Unbridled Racing Applications or Your Account may be available at all times;
(ii) some or all of the features, functions and other benefits of the Unbridled Racing Applications or your Account may be unavailable due to scheduled outages and downtime, disaster recovery processes or due to circumstances beyond the control of Unbridled Racing; and
(iii) Unbridled Racing is not obliged to develop, release or install any updates, upgrades, patches, bug fixes, new features, new functions, new releases, new versions or other benefits or any improvement in respect of the Unbridled RacingApplication or Your Account.
(c) If you post comments, reviews or other content to the Unbridled Racing Applications or otherwise submit the comments, reviews or other content to us, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferrable licence to use and reproduce all such comments, reviews or other content including for the purpose of operating the Unbridled Racing Applications, providing the Unbridled Racing Products or for our other reasonable business purposes. You are responsible for ensuring that all such comments, reviews or other content are not false, misleading or defamatory and also do not infringe the Intellectual Property or other rights of any third party. We can delete, remove access to or edit any such comments, reviews or other content at our discretion (acting reasonably).
3.3 Confidentiality
In return for Unbridled Racing allowing You to access the Unbridled Racing Applications and/or Your Account, You agree that You must:
(a) maintain the confidential nature of the Unbridled Racing Content;
(b) not make any use of the Unbridled Racing Applications and/or Your Account or any Unbridled Racing Content other than as expressly permitted under these terms of use;
(c) take all precautions necessary to maintain the confidential nature of the Unbridled Racing Content and prevent unauthorised persons from obtaining access to Unbridled Racing Content by any direct or indirect means; and
(d) immediately notify Unbridled Racing of any potential, suspected or actual unauthorised access, disclosure or use of Your Account.
3.4 Login Details
(a) Access to Your Account may be denied if You enter incorrect Login Details.
(b) You must:
(i) ensure that Login Details are securely maintained and used only by You or a person You have expressly authorised;
(ii) comply with any reasonable policies, guidelines or other requirements issued by Unbridled Racing from time to time in any way relating to Login Details;
(iii) immediately notify Unbridled Racing if Login Details are lost, stolen, missing, misused or are otherwise compromised; and
(iv) not transfer or allow Login Details to be transferred to other individuals or systems and take all reasonable steps to ensure that Login Details are not transferred.
(c) You acknowledge that Unbridled Racing may provide access to Your Account to any person who enters the Login Details and any action or request made by any user of the Login Details will be deemed to have been made by a User without further enquiry.
(d) You acknowledge and agree that Unbridled Racing reserves the right at any time and from time to time to change and/or revoke Login Details by providing You with written notice where such change and/or revocation is necessary to address security or other similar risks.
(e) You acknowledge and agree that You may be liable for any Loss incurred by Unbridled Racing, or by any other User of or visitor to the Unbridled Racing Applications, arising from someone else’s use of Your Account or Login Details as a result of Your failure to keep Your Account information, including Your Login Details, secure and confidential.
3.5 Third Party Applications
You acknowledge and agree that the Unbridled Racing Applications may interact with Third Party Applications or require Third Party Applications or Third Party Providers to be used to provide particular features, functionality or services. Where such Third Party Applications are used, You acknowledge and agree that:
(a) Unbridled Racing makes no representations or warranties relating to the Third Party Applications or Third Party Providers;
(b) Unbridled Racing is not related or associated with any Third Party Providers;
(c) the inclusion of any link to or integration with any Third Party Application does not constitute or imply any affiliation with, or sponsorship, endorsement or approval by Unbridled Racing of the Third Party Application or the Third Party Provider;
(d) access to, and use of, Third Party Applications is at Your risk and Unbridled Racing will in no way be responsible for any Loss that may result from Your access to, and use of, any Third Party Application or Your dealings with any Third PartyProvider, notwithstanding that any such Third Party Application may interface or interact with the Unbridled Racing Applications; and
(e) if You access or use a Third Party Application, You acknowledge and agree that You are subject to any terms and conditions and privacy policies imposed by the relevant Third Party Application or Third Party Provider, which apply independently of, and in addition to, these terms of use.
4 Account
(a) In creating or accessing an Account, You warrant that You are at least 18 years of age and that if you apply for an Unbridled Racing Product, You are eligible to be recorded as the owner of a racehorse under the Australian Rules of Racing and the Australian Stud Book Rules and Guidelines. If You cease to be so eligible, You must notify Unbridled Racing within 7 days.
(b) You must not upload or post any Unacceptable Content to the Unbridled Racing Applications or submit Unacceptable Content to Unbridled Racing. Nothing in these terms of use imposes obligations on Unbridled Racing to monitor the Unbridled Racing Applications or Your Account for Unacceptable Content.
5 Unbridled Racing Products
(a) You may apply for the Unbridled Racing Products using the Unbridled Racing Applications by completing the application form for the relevant Unbridled Racing Product. Before applying, You must obtain and read the Unbridled Racing Disclosure Documents for that Unbridled Racing Product, which are made available through the Unbridled Racing Applications. You must complete all questions, questionnaires, and disclosures, including for the purposes of the Rules of Racing and to assist in determining whether You are likely to be within the target market for the Unbridled Racing Products, and provide all information and documentation requested for investor identification and verification purposes underthe AML/CTF Act.
(b) Unbridled Racing may, at its sole discretion, elect to offer you the Unbridled Racing Products (subject to, amongst other things, the parties entering into the relevant Unbridled Racing Product Agreements). The Unbridled Racing Products are issued by the Responsible Entity. The Responsible Entity may accept or reject any application for an Unbridled Racing Product, in whole or in part, in its absolute discretion and without giving reasons, and may refuse to accept an application or decline to provide You with an Unbridled Racing Product until customer identification procedures required under the AML/CTF Act have been satisfactorily completed. For the avoidance of doubt, nothing in these terms of use should be construed as Unbridled Racing or the Responsible Entity providing or agreeing to provide any Unbridled Racing Products to you, and neither Unbridled Racing nor the Responsible Entity will have any obligations to provide Unbridled Racing Products to You unless and until (and subject to the terms of) the relevant Unbridled Racing Product Agreement is entered into.
(c) The provision of any Unbridled Racing Products to you will be governed by and subject to the terms of the Unbridled Racing Product Agreements, and the rights and liabilities attaching to units in a Racehorse Ownership Scheme are as described in the Unbridled Racing Disclosure Document for the relevant Unbridled Racing Product.
6 Intellectual Property
(a) You acknowledge that, subject to clause 2.1, nothing in these terms of use grants You any ownership of, or rights in respect of, the Unbridled Racing Applications or Unbridled Racing Content or the intellectual property in respect of the Unbridled Racing Applications or Unbridled Racing Content.
(b) By submitting Your Information, You grant Unbridled Racing a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferrable licence to use and reproduce all Your Information (and any Intellectual Property in respect of Your Information) for or in connection with the provision of the Unbridled Racing Applications or the Unbridled Racing Products or for the other activities or operations of Unbridled Racing related to the provision of the Unbridled Racing Applications or the Unbridled Racing Products.
7 Security of Unbridled Racing Applications
Unbridled Racing will take reasonable steps to secure the Unbridled Racing Applications. However, to the extent permitted by law, Unbridled Racing does not guarantee the security of the Unbridled Racing Applications and Unbridled Racing will not be liable for any Loss suffered by You which arises out of or in connection with:
(a) any computer viruses being transferred by, or obtained as a result of, the use of the Unbridled Racing Applications;
(b) any hacking into or other similar attacks on the Unbridled Racing Applications; or
(c) any other data security issues in respect of the Unbridled Racing Applications.
8 Term, suspension and termination
8.1 Term
These terms of use commence when You first access the Unbridled Racing Website, download and/or use the Unbridled Racing Applications, or register for or create an Account (whichever occurs earliest), and will continue until terminated pursuant to this clause 8.
8.2 Denial of access
Unbridled Racing reserves the right to deny access to the Unbridled Racing Applications or your Account (or any component of your Account), including where Unbridled Racing reasonably believes:
(a) You have failed to keep your Login Details secure; or
(b) there are concerns regarding unreasonable use, security or unauthorised access in relation to your Account.
Unbridled Racing at all times retains control over granting permission and access to the Unbridled Racing Applications and Accounts, and your access can be altered or revoked at our discretion and without prior notice, provided that Unbridled Racing will act reasonably in doing so.
8.3 Suspension and termination
Unbridled Racing may, at any time, temporarily, or indefinitely, suspend, disable or terminate Your access to the Unbridled Racing Applications or Your Account (or any part of it), if:
(a) such suspension or termination is reasonably required for the maintenance (including preventative and routine maintenance), support, operation or security of the Unbridled Racing Applications or Your Account;
(b) such suspension or termination is reasonably required to address any actual, suspected or potential security risks in respect of the Unbridled Racing Applications or Your Account;
(c) such suspension or termination is reasonably necessary for Unbridled Racing to comply with any applicable law, regulation, court order or request of a government or regulatory authority; or
(d) You have materially breached any provision of these terms of use and the breach is not capable of remedy;
(e) You have breached any provision of these terms of use which is capable of remedy and has not remedied the breach within [5] days of receiving notice requiring the breach to be remedied; or
(f) Your Account is inactive for more than [90] days.
8.4 Unbridled Racing Termination
Unbridled Racing may terminate these terms of use and the access rights granted under clause 2.1 at any time and for any reason by giving not less than 30 days’ written notice to You (including where Unbridled Racing intends to cease making the Unbridled Racing Applications available).
8.5 Terminating Your Account
You may terminate your Account by notifying Unbridled Racing in writing and ceasing the use of the Unbridled Racing Application.
8.6 Post termination obligations
Immediately on termination of these terms of use Unbridled Racing may disable Your access and use of the Unbridled Racing Applications and/or Your Account and You must cease all use of the Unbridled Racing Applications and/or Your Account. For the avoidance of doubt, suspension or termination of your Account or termination of these terms of use will not terminate any then current Unbridled Racing Product Agreements You have entered into for Unbridled Racing Products.
8.7 Survival
The termination of these terms of use does not operate to terminate any rights or obligations under these terms of use that by their nature are intended to survive termination.
9 Liability
To the extent Your use of the Unbridled Racing Applications or dealings with Unbridled Racing under these terms of use results in you acquiring goods or services from Unbridled Racing as a Consumer, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by these terms of use. Nothing in these terms of use operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would contravene that statute or cause any of these terms and conditions to be void (Non-excludable Obligation). Except in relation to Non-excludable Obligations, Unbridled Racing will have no liability to you for any Consequential Loss that arises directly or indirectly in connection with your use of the Unbridled Racing Applications or your other dealings with Unbridled Racing under these terms of use whether arising in statute, in tort (for negligence or otherwise), or on any other basis in law or equity. Unbridled Racing’s liability to you:
(a) for a failure to comply with any Non-excludable Obligation, except for goods or services provided by Unbridled Racing of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which liability is not so limited under these terms of use); or
(b) in connection with your use of the Unbridled Racing Applications or your other dealings with Unbridled Racing under these terms of use and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity, other than for a Non-excludable Obligation,
is, to the extent permitted by law, limited, at Unbridled Racing’s election, to: (i) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and (ii) in the case of goods, replacing the goods or supplying equivalent goods, repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
Subject to the above, and to the maximum extent permitted by law, Unbridled Racing and its service providers, associates, related entities, agents and contractors do not make any representations, warranties or endorsements (express or implied) as to the accuracy, completeness, legality, suitability or reliability of the information contained on the Unbridled Racing Applications or the Unbridled Racing Content.
10 Warranties
To the extent permitted by law:
(a) Unbridled Racing does not provide any warranties or guarantees regarding the Unbridled Racing Applications, the Unbridled Racing Content or any other information stored on or accessible from the Unbridled Racing Applications;
(b) without limiting the above, Unbridled Racing does not warrant that the Unbridled Racing Applications or Unbridled Racing Content or any portion of the foregoing will meet Your requirements, the operation of the Unbridled Racing Applicationswill be uninterrupted or error-free, the Unbridled Racing Applications will be compatible with Your use of other computer software or systems. All express or implied warranties in relation to the Unbridled Racing Applications or Unbridled Racing Content are expressly excluded to the maximum extent permitted by law; and
(c) without limiting the above, and to the extent permitted by law, Unbridled Racing does not make any representation or warranty (whether express, implied or statutory) regarding any Unbridled Racing Product, including as to merchantability, suitability as an investment, fitness for a particular purpose, title or non-infringement, and does not promise or guarantee any specific financial performance or results from Your acquisition or holding of any Unbridled Racing Product. Your acquisition of, and any dealings in respect of, an Unbridled Racing Product are at Your sole risk.
11 Subcontractors
You acknowledge and agree that Unbridled Racing may subcontract the performance of any of its obligations under these terms of use to any sub-contractor without Your consent and on such terms and conditions as Unbridled Racing deems fit from time to time, provided that this does not reduce the obligations of Unbridled Racing under these terms of use.
12 General provisions
12.1 Governing law
These terms of use will be governed by and construed exclusively under the laws of the State of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and the Federal Court of Australia.
12.2 Other agreements
For the avoidance of doubt, You and Unbridled Racing acknowledge and agree that these terms of use will not affect the rights and obligations of You, the Responsible Entity and/or Unbridled Racing with regard to any other agreements to which You, the Responsible Entity and/or Unbridled Racing are parties to (including any Unbridled Racing Product Agreement). Any other agreements between You, the Responsible Entity, and/or Unbridled Racing will continue to operate pursuant to their terms irrespective of these terms of use.
12.3 Privacy and cookies policies
Unbridled Racing will collect, handle and store information (including Your personal information and Your use of the Unbridled Racing Applications and/or Account, or that of other Users) in accordance with Unbridled Racing’s privacy policy, a copy of which is available at https://unbridledracing.com.au/privacy-policy.
12.4 Assignment
A party may not assign or otherwise deal with any of its rights or obligations under these terms of use without the prior written consent of the other party.
12.5 Waiver and variation
Unbridled Racing may vary the terms of these terms of use by notifying You no less than 30 days prior to the varied terms taking effect (Variation), which notification may be provided via the contact details You provide to us. If the Variation adversely affects Your rights in a material way, You may terminate these terms of use by giving written notice to Unbridled Racing no later than 30 days after the variation takes effect. No failure to exercise or delay in exercising any right given by or under these terms of use to a party constitutes a waiver and the party may still exercise that right in the future.
12.6 Severability
If any provision of these terms of use is invalid or not enforceable in accordance with its terms in any jurisdiction, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms of use or affecting the validity or enforceability of that provision in any other jurisdiction.
12.7 Electronic Documents and Communication
(a) Unless otherwise expressly provided in these terms of use, You agree that where Unbridled Racing is required by law, by these terms of use, or otherwise, to provide You with a document, information, statement or other communication, You consent at Unbridled Racing’s option to the provision of that document, information, statement or other communication electronically (whether provided on or through links on the Unbridled Racing Applications or Your email address).
(b) You will be taken to have received electronic communications whether or not you access the communications on the Unbridled Racing Applications or via any other communication channel.