Last updated: 18/09/2020

Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using Racing Analytics Professional(“Application”).

By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement, and Terms and Conditions outlined from the Racing Analytics Website https://www.rapro.com.au/terms-and-conditions/

If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.

Terminology

The expressions ‘we’, ‘us’ and ‘our’ are a reference to the operator of this desktop software, ‘Racing Analytics’.

‘VIT Solutions Pty Ltd.’ is a Proprietary Limited Company registered in Melbourne, Victoria, Australia and trading under the names and styles ‘Racing Analytics’, “Racing Analytics Professional’, Racing Analytics Pro’ and ‘RAPRO’.

The ‘Subscriber’ is any person who is authorised to use the Account.

The ‘Account’ means the facility by which a Subscribers’ right to use ‘Racing Analytics’ service is paid for and monitored.

‘Racing Analytics’ provides a range of information relating to (but not limited to) Thoroughbred Racing such as (but not limited to) RACE Form, RACE Ratings, RACE Statistics.

‘Subscription’ means the application or data product you have subscribed to through ‘Racing Analytics’.

Licensing

Application

We grant you a revocable, non-exclusive, non-transferable, limited license to download, install on the number of computers outlined in your subscription purchase and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Data

We grant you a revocable, non-exclusive, non-transferable, limited license to view data supplied within the ‘Racing Analytics’ Application that is outlined in your subscription purchase, solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Copyright

Copyright for all material included on our Web Site and Desktop Software resides with ‘Racing Analytics’ suppliers and agents. Full intellectual property rights relating to our systems and information incorporated on our Web Site and Desktop Software reside with ‘Racing Analytics’ and its suppliers and no part of any such systems or information may be used elsewhere except with the consent of ‘Racing Analytics’.

Subscribers are provided with access to our Web Site and Desktop Software and any information on it, strictly for your personal use only. You are authorised to print a copy of any information contained on our Web Site for your personal use unless such printing is specifically prohibited. You may not without our written permission sell, distribute or commercialise any information obtained from our Web Site and Desktop Software.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected.

All Credit card transactions are processed via eWAY. eWAY has Tier-1 PCI-DSS certification, which is the highest level of security possible on the internet. Visit www.eway.com.au for more information.

Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Additional information out lining the cycle of monthly payments can be found on the rapro.com.au FAQ page (https://www.rapro.com.au/faq/ – What is the exact interval for a monthly subscription, i.e. is it 30 days?)

Your subscription will be renewed automatically unless you cancel under your ‘My Account’ section, or by written notice to us via our Contact Form at least (7) days before the beginning of your new membership term.

Refund policy

Subscriptions are Non-Refundable except where a member has upgraded their subscription in which case the refund will be to the value of the remainder of the original subscription.

Since the Website offers non-tangible, irrevocable goods we do not provide refunds after the product is purchased, which you acknowledge prior to purchasing any product on the Website. Please make sure that you have carefully read service description before making a purchase.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

The information on our Web Site which we provide to you we do so in good faith. We do not supply advice but general information only. We reserve the right to update or change this information at any time without notice to you. In addition, we do not make any representations or warranties for any errors that may occur in information provided to you or that your access to that information will be uninterrupted or timely. We do not accept responsibility or liability of any kind for any loss resulting from any action taken or not taken, or your reliance on any information or material that is posted on or available from our Web Site. You agree to use the information accessible from our Web Site for lawful purposes only.

We do not accept responsibility or liability of any kind for any loss resulting from the incorrect or non-operation of any feature'(s) on our Web Site.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Racing Analytics – VIT Solutions PTY LTD will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Racing Analytics – VIT Solutions PTY LTD or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Racing Analytics – VIT Solutions PTY LTD. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Racing Analytics – VIT Solutions PTY LTD or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Racing Analytics – VIT Solutions PTY LTD or third-party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 

Security/Cautions

It is your  responsibility to make sure that your access to our Web Site, and your access  to and use of the information available from it is not illegal or prohibited by  any laws which may apply to you.

We advise you  to take your own precautions to ensure that the process that you have in place  for accessing this Web Site does not expose your computer system the risk of  damage from viruses, malicious computer code or other forms of interference. We do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of our Web Site or any linked Web Site.

Any opinions or advice given or supplied by third parties remain the responsibility of those third parties and we do not guarantee the accuracy or reliability. Where information made available from our Web Site contains opinions or advice of other parties, we do not necessarily endorse those opinions or advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of any of that information.

Advertisers on our Web Site are solely responsible for the content of their advertisements appearing on our Web Site which also includes hyperlinks to advertisers’ own Web Sites. The acceptance of those advertisements by ‘DynamicOdds’ is not in any way a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Data transmission over the Internet cannot be guaranteed as totally secure. As a result of this we cannot guarantee the security of information which you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of that information.

Maintenance of an unscheduled nature may need to be performed due to equipment failure. If maintenance is required, we will endeavour to make the service operational again as soon as possible. Refer to Section 6 Sub Paragraph 6.1) regarding liability.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Racing Analytics – VIT Solutions PTY LTD, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Racing Analytics – VIT Solutions PTY LTD and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Racing Analytics – VIT Solutions PTY LTD for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

 

Indemnification

You agree to indemnify and hold Racing Analytics – VIT Solutions PTY LTD and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any wilful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Victoria, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Victoria, Australia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

General

We do not accept any liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our control.

If we waive one  or more of these terms and conditions on any one occasion this does not mean  that these said terms and conditions will be waived at any other time and all  other terms and conditions will continue in force in all other respects.

If any of these  terms and conditions is held to be invalid, unenforceable or illegal for any  reason and in any jurisdiction, the remaining terms and conditions shall  nevertheless continue in full force in that jurisdiction, and all of these  terms and conditions will continue in force in all other jurisdictions.

You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application or make the Application available to any third party.

We do not warrant that the software is error free and disclaims all other warranties with respect to the ‘Racing Analytics’ software, either express or implied, including but not limited to implies warranties of merchantability, fitness for a particular purpose and noninfringement of third-party rights.

Data transmission over the Internet cannot be guaranteed as totally secure. As a result of this we cannot guarantee the security of information which you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of that information.

Maintenance of an unscheduled nature may need to be performed due to equipment failure. If maintenance is required, we will endeavour to make the service operational again as soon as possible.

Racing Analytics Desktop Software and Website is powered by: VIT Solutions PTY LTD including the ‘Front End’ Interface’ and ‘Back End Scripts’

Modifications to Application

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

It is acknowledged and agreed that the terms and conditions referred to herein shall remain binding on the member for the duration of their subscription.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Amendments to this Agreement

We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 (changes this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or write a letter to 106/585 Little Collins St Melbourne VIC 3000

This document was last updated on September 17, 2020