www.thethoroughbred.com.au (“the website”) is owned and operated by Slattery Media Group Pty Ltd ACN 070 697 522 (“SMG”). SMG operates an online and print directory for the racing industry in Australia (the Directory”) and provides various products and services through the website including membership of The Thoroughbred Magazine Club.

All users of this website, including businesses and individuals listing their businesses on our website, agree that access to and use of this website are subject to the following terms and conditions together with the SMG Privacy Policy, terms and conditions of purchase (where applicable) and other customer service policies on this website. By entering this website you agree to be bound by these terms and conditions and policies and any other notices accepted by you on this website. If you do not agree to these terms and conditions do not access this website or use any of its services or products.

Your use of this site shall be governed in all respects by the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria in relation to any legal proceeding directly or indirectly arising out or relating to this site (including but not limited to the purchase of SMG products and services).

These terms and conditions are subject to change from time to time, such changes to be effective upon posting on this website. Your continued use of the website after any such changes will indicate your acceptance of such changes. Please regularly check these pages for any alterations.

You must be at least 18 years old to be a member of The Thoroughbred Magazine Club. When registering as a member of The Thoroughbred Magazine Club you must provide us with accurate, complete and up to date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by contacting us. As a member you are entitled to access certain features and services on the Thoroughbred Magazine Club website. Further details and any additional terms and conditions will be made available on the website. Any such terms and conditions form part of the SMG terms and conditions.

If you are an account holder (either as a member of The Thoroughbred Magazine Club or as an free subscriber accessing other services on this website), you are responsible for maintaining the confidentiality and security of your member name and password. You agree to accept responsibility for all activities that occur under your member name and password. You agree to immediately notify SMG of any unauthorised use of your member name or password.

When listing your business in The Thoroughbred Directory or advertising on the website, you must provide us with accurate, complete and up to date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by contacting us. All online directory listings will automatically be included in our print edition of the Directory, subject to the rights reserved to SMG in the paragraph below headed “Communications via the website”.

When you visit www.thethoroughbred.com.au or send emails to us, you are communicating with us electronically. SMG communicates with you by email or by posting notices on the website. You consent to receiving communications from us electronically.

The entire content of this site including but not limited to website design, text, graphics, photographs, images, artworks, illustrations, caricatures, sound, software or code is the property of SMG and/or its content supplier and protected by Australian and international copyright laws. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with SMG or purchasing SMG products. Any other use, including but not limited to the reproduction, transmission, adaptation, publication, broadcast or distribution of the content of this site is strictly prohibited unless expressly permitted by SMG or expressly permitted by law.

The Thoroughbred Directory listings, categories and other data provided through the website directory service (“ the Directory content”) are supplied solely for information use. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968, no part may be reproduced or re-used for any purpose whatsoever without the written permission of SMG. You must not, whether through the use of additional software or by any other means, data mine or conduct automated searches on the Directory content. However, users may download individual Thoroughbred Directory listings for their own private use in the course of the normal use of the Thoroughbred Directory for directory assistance purposes. The Directory content is the copyright of SMG.

All names, logos and trademarks are the property of SMG or the third parties who have contributed to this website. Nothing on the website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of SMG or the relevant contributor. Nothing displayed on the website should be construed as granting any licence or rights to use any name, logo or trademark without the express written permission of SMG or the relevant third party contributor.

The Trade Practices Act 1974 (Cth) and similar state legislation in Australia may confer rights and remedies on you in relation to the provision by SMG of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). SMG does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided by the Non-excludable Rights, SMG provides this website and its contents on an "as is" basis. Except as provided by the Non-excludable Rights, SMG and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this website or its contents, including without limitation about the accuracy or suitability of the information or links provided by the Directory content; the products or services offered or sold on or through this website or any other website to which this website links; and the uninterrupted and error-free use of this website. Except as provided by the Non-excludable Rights, SMG and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. SMG and its affiliates do not warrant that the website or files available on the website will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by SMG or its affiliates will create any warranty not expressly set forth herein. Your use of this website, any information on this website and any linked website is at your sole risk.

SMG and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this website, including without limitation any liability

• as a seller or reseller of any products or services,
• for any defective products,
• for any incorrect or inaccurate information,
• for any unauthorized access to or disclosure of your transmissions or data,
• for statements or conduct of any third party on the site, or
• for any other matter relating to this site or any linked site.

This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. To the fullest extent permitted by law, SMG's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of SMG to the following: 
 (a)in the case of services supplied or offered by SMG, (i) the supply of the services again, or (ii) the payment of the cost of having services supplied again; and
(b) in the case of goods supplied or offered by SMG, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or (iv) the payment of the cost of having the goods repaired.

You agree to indemnify, defend and hold harmless SMG and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms & Conditions of Use of Website, your infringement or violation of any rights of another, or termination of your access to this site.

The website may link to sites operated by third parties. You acknowledge that the inclusion of links in this site is not intended as an endorsement or recommendation of the linked site or the content of such sites. Even if the third party is affiliated with SMG, SMG has no control over these linked sites. You should read carefully the terms and conditions and privacy policy that appear on any site linked to the SMG site. These sites are accessed entirely at your own risk.

The website also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by SMG or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by SMG, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

You may send communications and submit suggestions, ideas, comments , questions or other information including information for a Directory listing via this website (“the User Generated Content”). It is a condition of your use of any User Generated Content, any listing of your business in the Directory and your access to the website that:

(a) you do not interfere with the normal operation of the website or with any other user’s use and enjoyment of the website and
(b) you do not post or transmit any material:

(i) which is (or could reasonably be expected to be) unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
(ii) of any kind which is not your original work, or which violates or infringes (or could reasonably be expected to violate or infringe) upon the rights of any other person, including material which is protected by copyright, trademark or other intellectual property rights;
(iii) which you know (or reasonably ought to know) to be false, misleading or deceptive;
(iv) of any kind which contains a software virus or other harmful component; chain letter, mass mailings, commercial solicitation or any form of spam;
(v) which is an invasion of any privacy or publicity rights; or
(vi) which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any other physical or mental disability

You further agree that you will not access the website by any means except through the interface provided by SMG for access to the website. You agree that you will not access this website from any country or territory where its contents are illegal, and that you, and not SMG and its affiliates, are responsible for compliance with applicable local laws.

SMG may from time to time monitor or review the contents of User Generated Content including the Directory listings. While SMG reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in SMG's sole discretion is in any way objectionable or in violation of any applicable law or the Terms and Conditions of Use or is harmful to the interests of another user, SMG has no obligation whatsoever to monitor any User Generated Content or to edit, delete or refuse to post such contents. You expressly acknowledge and agree that the User Generated Content provides a means of public and not private communications.

SMG reserves the right to cooperate 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, and in doing so you consent to us collecting and storing your IP address.

You agree that SMG may terminate or suspend your access to all or part of this site, without notice, for any conduct that SMG, in its sole discretion, believes is in breach of these Terms and Conditions of Use of Website or any applicable law or is harmful to the interests of another user, SMG or its affiliates. You acknowledge that the comments or opinions contained in the User Generated Content are not the comments or opinions of SMG, and SMG accepts no liability in relation to material posted including its content or accuracy.

By placing any information or other material on the website (including submitting information for a Directory listing, posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to SMG a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

1. use, copy, sublicense, redistribute, adapt, transmit, publish (including in the print edition of the Directory), broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of SMG and any other party authorised by SMG all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of SMG, you will execute and deliver to SMG such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

The publishing of articles and any other content on this website does not amount to an endorsement by the SMG. Content published may not be complete or accurate, does not constitute advice of any kind and must not be relied on as such. Views and opinions in articles and advertorials on this website are not necessarily those of SMG.

If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.

The failure of GSP or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement.

The provisions above relating to Copyright, Trademark, Limitation of Liability, Indemnity, User Licence to SMG and Applicable Law and Jurisdiction shall survive the termination of these terms and conditions. These terms and conditions supercede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the use of this website. You agree to review these terms and conditions prior to your use of this site and your use of this site shall be deemed acceptance of and assent by you to these terms and conditions.