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Terms & Conditions

Getracy.com.au Terms & Conditions

TERMS AND CONDITIONS

Introduction

Welcome to getracy.com.au ("GR Website").

Little Poppy & Co Pty Ltd ACN 146 140 801 trading as getracy and/or its affiliates ("LPC", "our", "we" or "us") provide the GR Website features, products and services to GR Website users ("you" or "your") subject to the following terms and conditions

Please read these terms and conditions carefully before using the GR website.

By accessing or using the GR Website, you agree to be legally bound by these terms and conditions as amended from time to time. If you do not wish to be bound by these terms and conditions, then you must not use the GR Website

ACCEPTABLE USE POLICY

1. General use of the GR Website and LPC Content

A. The content on the GR Website, except all User Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, trade marks, service marks and logos contained therein ("LPC Content") is owned by or licensed to LPC. LPC Content on the GR Website is provided to you AS IS for your information and personal use only and, except as provided for in these terms and conditions, may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners or LPC

B. The LPC Content on the GR Website may not necessarily be accurate, complete or current. No person should act or fail to act on the basis of the LPC content

C. LPC, to the fullest extent allowed by law, neither takes nor assumes any responsibility for the LPC Content or any services provided by LPC on the GR Website

D. The GR Website contains links to third party websites. These third-party websites are not under LPC’s control and LPC is not responsible for the contents of any linked site, including the accuracy or usefulness of such content.

E. You understand and acknowledge that you may be exposed to content that is inaccurate, crude, offensive, indecent, or objectionable. You agree that LPC will not be liable for any loss or damage caused or alleged to be caused by or in connection with use of, or reliance on, any content, goods or services available on or through any third party website or resource that you are exposed to when using the GR Website

F. You accept all risk and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using or accessing the GR Website and any LPC Content, information or material available from the GR Website

G. You agree not to use the GR Website, for any unlawful and fraudulent use, or for any commercial purpose without the prior written authorisation of LPC

2. User Content

A. Subject to these terms and conditions, you may upload images, video, audio content or textual content ("User Content") on to the GR Website

B. You acknowledge and agree that all User Content (namely, information, text, data, photographs, graphics or other materials) whether publicly posted or privately transmitted, is the responsibility of the individual from which such User Content originated. This means that you, and not us, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the GR Website. Although we monitor the content transmitted through the GR Website, we cannot fully control all posted content and as such cannot and DO NOT guarantee the accuracy, integrity or quality of such User Content. Further, you acknowledge and agree that all User Content submitted to the GR Website express the views and opinions of the author and not us

C. You understand and acknowledge that by using the GR Website, You may be exposed to Content that is inaccurate, crude, offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the GR Website. You acknowledge that we have no obligation to monitor or resolve any disputes which may arise between you and other users

D. In connection with all User Content, you warrant that you:

1. own or have the necessary licences, rights, consents, and permissions to reproduce and publish the User Content; and

2. authorise LPC to use all intellectual property (including trade marks and copyright) or other proprietary rights in the User Content necessary to enable inclusion and use of the User Content in the manner contemplated by the GR Website and these terms and conditions

E. You indemnify and keep us fully and effectively indemnified from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered, made against or incurred by us and arising directly or indirectly out of the reproduction and publication of User Content uploaded or published on the GR Website

3. User Content Standards

A. You acknowledge that the following standards apply to any and all User Content on the GR Website

B. By submitting User Content to the GR Website You agree and warrant that you will not submit User Content that:

1. contains any material which is defamatory of any person, obscene, vulgar, offensive, hateful, discriminatory or inflammatory;

2. promotes sexually explicit material, violence or any illegal activity;

3. impersonates any person, or misrepresents your identity or affiliation with any person; or

4. promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age

5. is or is likely to deceive any person, advocate, promote or assist any unlawful act such;

6. breaches any legal duty owed to a third party, such as a contractual duty;

7. is threatening, abusive or invades another’s privacy, or cause annoyance, inconvenience or needless anxiety;

8. is or is likely to bully, harass, upset, embarrass, intimidate, threaten, alarm or annoy any other person;

9. is or is likely to give the impression that it emanates from us, if this is not the case;

10. you know or would be expected to know is incorrect, misleading or deceptive; or

11. is defamatory, obscene, indecent or unlawful

Further you must not:

1. transmit any data, send or upload any User Content or other material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer;

2. conduct or forward surveys, contests or chain letters other than as approved by LPC;

3. use the GR Website for the purpose of harming or attempting to harm minors in any way; or

4. transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation or spam

C. Failing to comply with the User Content Standards may lead to you being immediately and permanently banned from submitting any further User Content to the GR Website. In certain circumstances, we may contact the police

D. LPC reserves the right, in its absolute discretion, to delete, alter or remove any User Content, message or other posted material on the GR Website without prior notice. However, to the extent permitted by law we are under no obligation to do so, nor are we under an obligation to update any information on the GR Website, or to correct any inaccuracy on the GR Website that may become apparent at a later time. We will not be responsible for or liable for any damages, loss, costs, expenses or the like caused by the deletion, removal or alteration of User Content

4. Account Termination Policy

LPC may terminate your access to the GR Website without prior notice, if in its sole unfettered and unrestricted discretion, LPC determines that you have breached these terms and conditions and/or any applicable policies posted on or applicable to the GR Website

Any disputes arising from, in relation to or in connection with, the GR Website are to be governed by the laws of the State of New South Wales. By visiting and using the GR Website you unconditionally submit to the jurisdiction of the Courts of that State

5. Copyright Policy

A. By uploading User Content on the GR Website, you hereby grant LPC a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, payment-free licence to use, reproduce, distribute, prepare derivative works of (in relation to which you agree to waive your moral rights), display, distribute facilitate and otherwise exploit the User Content, in connection with the GR Website and our business, including without limitation for promoting and redistributing part or all of the GR Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant us the right to grant other users of the GR Website a non-exclusive, irrevocable, perpetual, royalty and payment free sub-licence to use, reproduce, distribute, display and publish the User Content uploaded and published by you on the GR Website

B. You may only link to the GR Website or our home page with our express consent and written agreement. We reserve the right to withdraw linking permission without notice

C. All of our content on the GR Website is protected by Australian and international copyright and trade mark laws. Our content is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute our content in any way except as expressly provided for on the GR Website or expressly authorised in writing by us

D. All trade marks displayed on the GR Website are trade marks of their respective owners. Nothing contained on the GR Website should be construed as granting any license or right of use any trademark displayed on the portal without the express written permission of the relevant owner, including those trade marks which are ours

E. If you wish to make any use of material on the GR Website other than that set out in these terms and conditions, please address your request via our contact form

F. We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit you complaint to our Copyright Officer via our contact form

6. Privacy

Please read our Privacy Policy, which also governs your use of the GR Website and its services.  https://getracy.com.au/pages/privacy-policy

7. Security

A. Certain sections of the GR Website may only be accessed by entering a user name and password. Users must be over the age of 18 years to be allocated a user name and password

B. You must not disclose to any other individual any user name or password for the GR Website. We will assume that any use of the GR Website made using your user name and password is you, and you will be responsible for any such use or user content, except where you have notified us under paragraph B

C. You must notify us if you become aware of any improper use or disclosure of your user name or password, in which case a new user name and password may be allocated to you.

D. You acknowledge and agree that we make no guarantee as to the security of the GR Website. We will not be responsible for or liable for any damages, loss, costs, expenses or the like caused by or resulting from a breach of the security of the GR Website

8. Third party websites

A. The GR Website may contain links to, or display content from third party websites. We are not responsible for and make no warranty or representation regarding the quality, accuracy or completeness of any information on a third party website, or that such information does not infringe the intellectual property rights of any person.

B. Links to third party websites are for convenience only. By linking to a third party website, LPC does not authorise the reproduction of any material contained on a third party website

C. LPC does not endorse or approve the content or conduct of third party websites. You acknowledge and agree that accessing links to third party websites, and the use of, or reliance upon, any material contained on a third party website is solely at your own risk

D. LPC shall have no liability for any loss or damage whatsoever suffered as a result of accessing a third party website, or the use of or reliance upon material contained on a third party website

9. Responsible Gambling

A. LPC complies at all times with all legislative obligations in relation to gambling and betting, including under the <em>Racing Administration Act 1998</em> (NSW) and the <em>Unlawful Gambling Act 1998 </em>(NSW) and related regulations

B. LPC and the GR Website does not promote gambling. All material on the GR Website, including material contained in the "Betting Explained" section is for the purpose of educating and informing users in relation to the process of betting.

C. LPC does not, and you must not, publish or advertise any betting information, NSW race field information or gambling services other than as permitted by the <em>Racing Administration Act 1998</em>.

D. You must not upload any user content which contains links to or promotes any licensed of non-licensed bookmaker or which induces, or seeks to induce, a person under the age of 18 years to gamble

E. LPC encourages responsible gambling

Think! About your choices

Call Gambling Help 1800 858 858

www.gamblinghelp.nsw.gov.au

10. Sale of LPC products

A. The GR Website offers products available for purchase from us ("LPC products"). If you place an order for an LPC product on the GR Website, you are making an offer directly to us. No order for an LPC product shall be deemed to be accepted by us until we issue an email acknowledgment of order. The contact of sale between you and LPC will relate only to those LPC products detailed in the email acknowledgement of order

B. If we accept your order for the purchase of an LPC product and issue an email acknowledgment of order, an agreement is formed between you and LPC

11. Sale of seller products

A. In addition to selling LPC products, the GR Website may include products available for purchase from third party sellers ("seller products"). Where we make products available from sellers ("seller products"), you acknowledge that you are placing an order with the seller of that particular seller product and not us. We make seller products available for purchase (including through the taking of orders and collecting payment) as the agent of the seller and not on our own behalf

B. When you place an order to purchase seller products through the GR Website, you are making an offer to directly to the seller of that seller product. No order shall be deemed to be accepted by the seller until we (as agent of the seller) issue an email of acknowledgment of the order. The contract of sale between you and a seller will relate only to those seller products detailed in the email acknowledgement of order

C. If a seller accepts your order for the purchase of a seller product, then an agreement is formed between you and the seller, and you have rights directly and only against the seller and not against us. We are not a party to that agreement

12. Payment

A. You agree to pay the purchase price specified on the GR Website at the time that you place your order for the purchase of a LPC product or seller product ("Goods"), and any applicable shipping and insurance charges based on the options selected by you. All amounts on the GR website are stated in Australian dollars, and include Australian goods and services tax ("GST"). Shipping and insurance charges will be separately shown

B. If the Goods are being delivered outside of Australia, you must pay any other sale, use, goods and service, value added, customs and excise or similar taxes or charges ("Taxes") imposed by any applicable government agency. We are unable to advise on the amount of any Taxes applicable and you will be solely responsible for the payment of all Taxes

C. All Goods purchased from the GR Website shall be paid for by credit card or PayPal account. Payment will be processed upon receipt of your order. Accepted credit cards will be listed on the website. We reserve the right to impose a surcharge in relation to the use of certain credit cards, and where applicable this will be detailed on the GR Website

13. Cancellation of orders

A. LPC or a seller may cancel an order that has already been accepted if we, in our absolute discretion, suspect that you are acting fraudulently (such as using a credit card without appropriate authorization) or are in breach of these terms and conditions

B. While we endeavour to avoid pricing and other errors, inadvertent errors do occur from time to time and we may cancel an order that has been accepted in such circumstances

C. Unforeseen problems or unexpected demand may cause certain Goods to be unavailable. LPC will not be responsible or liable for any delays in shipping your order

14. Delivery

A. LPC will normally ship your product within 2 business days of the receipt of your order, unless otherwise stated. All delivery times stated on the GR Website are estimates only and no guarantee is made regarding their accuracy. LPC will not be responsible or liable for any delay or failure in delivery of your order

B. Goods will be delivered to the delivery location you specify in your order. Title and risk in the product will pass to you upon delivery of the Goods to the delivery location

15. Returns

You may return or exchange any unused and/or unopened Goods for any reason, within 30 days of receipt. All items being returned must be in original and saleable condition (i.e. the original tags and labels are still attached, the item is in its original packaging (if any), and the item is unworn, unused and as sold). The item must not be reduced in value by delay on your part.

If you change your mind in relation to purchased Goods, you will be given store credit to the same value as the Goods once the Goods are received by us. Any shipping costs incurred in relation to the Goods will not be refunded.
If the Goods are faulty, you will be offered a full refund or store credit, whichever you prefer. All refunds will be transferred back to the original payment method (credit card or PayPal account).
If for any reason Goods you have ordered are not available or out of stock we will refund your purchase via the same method or offer you store credit to the same value. In this case, any shipping charges will be refunded.

If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. You will be sent instructions on where to send the item and we'll notify you via e-mail of your refund once we've received and processed the returned item.

16. Warranties and liability

A. All Goods will comply in all material respects with any descriptions given on the GR Website. All Goods will be in a saleable condition

B. If the Australian Consumer Law applies in relation to the sale of Goods to you, you are provided with the following guarantee under the Australian Consumer Law:

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure

C. All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or Goods that are not contained in these terms and conditions are excluded to the fullest extent permitted by law

D. Nothing in these terms and conditions excludes, restricts or modifies any guarantee, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited (including the Australian Consumer Law)

E. If any guarantee, condition or warranty is implied or imposed in relation to the sale of Goods on the GR Website ("Non-excludable guarantee"), and LPC or the seller (as the case may be) is able to limit your remedy for a breach of such Non-excludable guarantee, then the liability of LPC or the seller (as the case may be) for breach of such Non-excludable guarantee is limited to one or more at the following at the sole option of LPC or the Seller (as the case may be):

1. the replacement of the Goods; or

2. the supply of equivalent Goods; or

3. the repair of the Goods; or

4. the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or

5. the payment of the cost of having the Goods repaired

F. Subject to the obligations of LPC or the Seller (as the case may be) under any Non-excludable guarantee, and to the maximum extent permitted by law, the liability of LPC or the Seller (as the case may be) for all claims under or relating to these terms and conditions or the Goods, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:

1. $100; and

2. the amounts paid by you as a result of the purchase of the Goods

G. Subject to the obligations of LPC or the Seller (as the case may be) under any Non-excludable guarantee, and to the maximum extent permitted by law, neither LPC or the Seller shall be liable for, and no measure of damages will be payable in relation to:

1. special, indirect, consequential, or punitive damages; or

2. damages for loss of profits, revenue, goodwill or anticipated savings,

whether in contract, tort (including negligence), in equity, under statute or on any other basis whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss or damage

H. The liability of LPC or the Seller (as the case may be) is diminished to the extent that your acts or omissions (or those of any third party) contribute to or cause the loss or liability.

17. General

A. We may unilaterally amend these terms and conditions at any time in our sole discretion

B. If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible, and the remaining terms and conditions will remain in full force and effect

C. These terms and conditions are governed by and are to be interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and all courts of appeal from them, for determining any dispute regarding these terms and conditions

D. If you have any questions or would like further information about the GR Website or these terms and conditions, please use the "contact us" section of the GR Website

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