The Virtual FormGuide - Terms & Conditions of Use as at 01/05/14
1 Term & Definitions
1.1 The term "Virtual FormGuide" refers to a range of data relating to thoroughbred horse racing, such as (but not limited to) articles, images, videos, form, ratings, statistics and pedigrees and is owned by Virtual Form Guide Pty Ltd (ABN 96 167 332 416) "TVF". The "Member" is any person who is authorised to use the Account. The "Account" means the facility by which Member's right to use The Virtual FormGuide service is paid for and monitored.
1.2 This agreement commences on the date that the Member first opens his Account and continues indefinitely, or until earlier termination in accordance with this agreement.
2.1 TVF will allow the Member to select a Member ID and Password which will provide the Member with access to the Virtual FormGuide. TVF may from time to time add new features to The Virtual FormGuide which may not necessarily be accessible with the User ID and Password assigned for the basic service.
2.2 TVF will advise the Member of correct operational procedures via the user guide pages located on The Virtual FormGuide website at http://www.virtualformguide.com.
2.3 The Member must pay to TVF sufficient funds to operate the Account in advance.
2.4 Scheduled Maintenance - TVF must performance scheduled maintenance to servers from time to time. TVF will attempt to perform all scheduled maintenance at times which will affect the least amount of Members.
2.5 Unscheduled maintenance may need to be performed due to data corruption or equipment failure. If unscheduled maintenance is required, TVF will endeavour to make the service operational as soon as possible.
3 Warranties and Liabilities
3.1 TVF does not warrant that:
3.1.1 the services provided under this agreement will be uninterrupted or error free; or
3.1.2 the services will meet the Member's requirements, other than as expressly set out in this agreement.
3.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, the liability of TVF for any breach of the term will, if permitted by that statute be limited, at the option of TVF, to any one or more of the following::-
3.2.1 the supply of the services again; or
3.2.2 payment of the cost of having the services supplied again
3.3 The Member warrants that at the time of entering into this agreement it is not relying on any representation made by TVF which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material produced by TVF.
3.4 While every care is taken in the compilation and presentation of The Virtual FormGuide, Members of the service should be aware that inaccuracies may occasionally occur. TVF, its suppliers and agents do not warrant that the data contained within the Virtual FormGuide is accurate in every respect and the said Members should take this possibility into account in their usage of the said data. TVF, its suppliers and agents will accept no liability for any loss or damage, however incurred, alleged to be caused by any inaccuracy or omission in the data supplied as a part of the Virtual FormGuide.
3.5 The Member warrants that it will keep secure any passwords used to access The Virtual FormGuide.
3.6 The Member warrants that it will only make use of The Virtual FormGuide data for its own personal purposes and that none of the data obtained from The Virtual FormGuide will be copied, republished, or redistributed to other parties in any form without the prior written consent of TVF. Failure to observe this provision will render the Member liable to civil or criminal action or both.
3.7 TVF reserves the right (but is under no obligation) to "Remove Access Privileges" for any Member for which it has reasonable grounds to believe that access to The Virtual FormGuide service is in breach of this agreement. Any decision as to Removal or Re-instatement of Access Privileges will be at the sole discretion of TVF.
4 Copyright and Intellectual Property
4.1 The Member acknowledges that copyright in all material included in The Virtual FormGuide resides with TVF its suppliers and agents. All intellectual property rights in the software or systems and information incorporated in The Virtual FormGuide, reside with TVF and its software suppliers and no part of any such software or systems may be used elsewhere except with the express permission of TVF.
5 Termination & Refunds
5.1 For subscriptions of more then one day and less than one month the Member may terminate this agreement and request a refund if he or she is not satisfied with the service provided that such request is made within 24 hours of purchase. Otherwise no refund will be provided.
5.2 Either party may terminate this agreement by 30 days notice in writing (written or email) to the other party. If the Member has paid a subscription fee for a period of more than one month and terminates the agreement before the end of the term, then the contract shall revert back to a monthly payment schedule. TVF will calculate any refund to the Member based on the total Fees paid less the monthly payment schedule multiplied by the number of months the contract has operated. Part months shall count as a complete month for this calculation.
5.3 On termination or expiry of this agreement for any reason, TVF may discontinue all Member Access to The Virtual FormGuide.
6.1 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties
6.2 This agreement and the transactions contemplated by this agreement are governed by the law in force in Victoria.
6.3 The Member may not assign its rights and obligations under this agreement without the prior written consent of TVF.