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:
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 -
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:
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:
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):
and, in the case of a supply of Services, Sky Racing doing either or both of the following (and at Sky Racing's election):
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.
COMMERCIAL RADIO CURRENT AFFAIRS DISCLOSURE
It is a requirement of the Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2000 that Sky Racing Pty Ltd publish a “Register of Commercial Agreements” between sponsors and presenters that have the potential to affect the content of those programs. The following staff have other commercial arrangements:
Sky Racing: N/A
Sky Sports Radio: N/A
RadioTAB: N/A
If you have any question please complete the feedback form on the Sky Racing website. Other regulations and guidelines for local content can be found via the ACMA website www.acma.gov.au