Legal Notice

OWNERSHIP

Welcome to the Sky Racing website which is owned and operated by Sky Channel Pty Limited, ABN 77 009 136 010 ("Sky Racing").

ACCESS AND USE

These are the general Terms of Use that apply for all of Sky Racing websites within the Sky Racing network from time to time (referred throughout these Terms of Use as "the Website"), and the various services available on the Website from time to time (for example, radio streams, or live streaming of racing) (“the Services”).

When using the Website, you must comply with these Terms and Conditions, and any notices and disclaimers elsewhere on the Website (known collectively as "Terms of Use").

Sky Racing may change the Terms of Use at any time so please ensure that you read these each time you use the Website to ensure that you are kept up to date. If you do not agree with them, you should leave the Website immediately. By using, and/or continuing to use the Website, you accept the current Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights (including copyright) in all information, text, material, graphics, fonts, icons, code (including HTML), audio, video, photographs, software and advertisements on the Website ("Content") are owned by or licensed to Sky Racing. The Content is protected by Australian and international intellectual property laws.

The Sky Racing logo used on the Website is a registered trade mark of Sky Racing. The Sky Form, Sky Racing, and Sky Ratings logos are also trade marks of SKY. None of these trade marks may be used or reproduced in any form without the prior written consent of Sky Racing.

You must not modify, copy, reproduce, sell, frame, scrape, upload to a third party, create derivative works from, post, transmit or distribute the Content in any way except as expressly provided for on the Website or expressly authorised in writing by Sky Racing. You may not use a trade mark displayed on the Website without Sky Racing or the relevant owner's written permission.

Further, you must not make use of any "Meta tags" or other "hidden text" that uses Sky Racing's name or trade mark or product name without Sky Racing's prior written consent.

If you wish to use or reproduce any of the Trade Marks, or the Content, you will require our express prior permission. To obtain this, please contact SKY's Internet Manager at 79 Frenchs Forest Road, Frenchs Forest NSW 2086, telephone 1800 251 710.

CONDUCT

You may, using an industry-standard web browser, download and view the Content for your personal, non-commercial use only.

In using the Website and any of the Services provided on the Website, you must not:

  • disrupt the operation or security of the Website or those Services or any accounts, servers, or networks connected or accessible through the Website;
  • use the Website or those services in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of the Website or those Services;
  • submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
  • submit any material of any kind which violates or infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trade mark or any other proprietary right without first obtaining the permission of the owner or relevant right holder;
  • submit any material of any kind which contains a virus or other harmful component;
  • delete any author attribution's, legal notices, or proprietary designations or labels in any material that is submitted;
  • modify or delete any content on the Website or add any content to the Website; or
  • attempt to gain unauthorised access to any part of the Website or the Services.

Sky Racing reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

SERVICES AND ACCURACY OF INFORMATION

Sky Racing does not warrant that the material functions or Content contained in the Website or the Services or your access to them will be uninterrupted, error-free or free of viruses or any other harmful components.

Sky Racing does not warrant or make any representation regarding accessibility, correctness, accuracy, timeliness, completeness, reliability or otherwise in respect of the Website or materials, Services, functions, or Content contained on the Website.

You expressly acknowledge and agree that Sky Racing does not control users of the Website or the Services and is not liable for their behaviour including any information, defamatory statements or offensive conduct.

DELAYS AND VIRUSES

Sky Racing will not be liable for damage or loss resulting from any delay in operation or transmission, virus, harmful component, communications failure, internet access difficulties or malfunction in equipment or software, howsoever caused.

IF THE WEBSITE IS UNAVAILABLE

We undertake to make all reasonable efforts to ensure that the Website and Services on the Website is available to you but we are not liable to you for or in connection with -

  • Failure of a Service to perform in whole or in part, any function which we have specified it will perform;
  • The unavailability of the Website or a Service on the Website to you in whole or in part because of the failure of the communication network, ancillary equipment or any circumstance beyond our reasonable control; or 
  • Delays or errors in the execution of any transaction or instruction because of the communication network, ancillary equipment or any circumstance beyond our reasonable control.

LINKED SITES AND ADVERTISING

You may be able to access third party websites from this Website or the Services. Sky Racing does not make any representations in relation to the content, quality, or reliability of these websites, and Sky Racing's inclusion of a link to them does not imply that Sky Racing has any relationship or affiliation with them (although in some instances, it may do so, and may receive a commission for you linking up to that website). Sky Racing is not responsible for the content or practices of third party websites that may be linked to the Website.

The Website may also be linked to other websites operated by companies affiliated or connected with Sky Racing. When visiting other websites, you must refer to each such website's individual terms and conditions of use.

Sky Racing takes no responsibility for third party advertisements which are posted on the Website, nor does it take any responsibility for the goods or services provided by advertisers.

SKY RATINGS SERVICES

The Ratings Services offered by Sky Racing:

  • Does not offer an opinion as to which runner will win any race;
  • Does not offer advice on whether to wager;
  • Does not offer advice on how much to wager;
  • Does not make any representations or give any warranties as to the likelihood of profiting from the Sky Ratings service; and
  • Does not take into account your personal circumstances, as Sky Racing is not aware of these.

RISK OF LOSS

Any and all items purchased from Sky Racing through this Website are made pursuant to a shipment contract, which means that the Risk and Loss for such items will pass to you upon our delivery to the carrier.

LINKING TO THIS WEBSITE

You must not create a hyperlink to any page within the Website unless Sky Racing gives you express prior written permission. Sky Racing reserves the right to attach Terms and Conditions to any consent.

LIMITATION OF LIABILITY

Subject to the following paragraph, under no circumstances will Sky Racing or any related corporation or their respective directors or employees be liable to you for any losses, damages, liabilities, claims or expenses (including legal costs) whether direct, indirect, or consequential howsoever caused (including, without limitation, negligence) suffered or incurred by you arising out of:

  • use of, or any inability to use the Website or Services contained on the Website;
  • the Content of this Website;
  • any Services offered or made available to you by Sky Racing through the Website.

If the Competition and Consumer Act 2010 (CCA) or any other legislation implies a condition or warranty into these Terms of Use in respect of goods or services supplied by Sky Racing, and Sky Racing's liability for breach of that condition or warranty may not be excluded but may be limited, the previous paragraph does not apply to that liability and instead Sky Racing's liability for any breach of that condition or warranty is limited to in the case of a supply of goods, Sky Racing doing any one or more of the following (at Sky Racing's election):

  • replacing the goods or supplying equivalent goods;
  • repairing the goods;
  • paying the reasonable cost of replacing the goods or of acquiring equivalent goods;
  • paying the reasonable cost of having the goods repaired,

and, in the case of a supply of Services, Sky Racing doing either or both of the following (and at Sky Racing's election):

  • supplying the Services again; 
  • paying the reasonable costs of having the Services supplied again.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the CCA or any other legislation which may not be excluded, restricted or modified by agreement.

TERMINATION

Sky Racing reserves the right to immediately restrict a person’s use of, or access to, the Website or Services at any time if Sky Racing decides at its sole discretion that the person has breached the Terms of Use or any relevant law, rule or regulation or you have engaged in conduct that Sky Racing considers to be inappropriate or unacceptable. All restrictions imposed on you, and all Sky Racing disclaimers, limitations of liability and indemnities set out in the Terms of Use will survive any termination.

INDEMNITY

Sky Racing relies on your continued observance of these Terms of Use. If Sky Racing suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Sky Racing for those losses, damages and costs (including reimbursing Sky Racing for any legal costs it may incur in enforcing these Terms of Use).

MISCELLANEOUS

These Terms of Use apply to the full extent possible in relation to the supply by Sky Racing of any content or Services for a wireless application protocol service ("WAP service"), a short messaging service for mobile phone users ("SMS service") and personal digital assistant service ("PDA service").

These Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms which will continue in full force and effect.

PRIVACY

Please review our Privacy Policy, which also governs your visit to the website,

All rights not expressly granted herein are reserved.

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