Terms of Use
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE SITE.
Welcome to www.tophorseracing.com.au (together with its subdomains, Content and Marks, the “Site”). Please
read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and
obligations with respect to Natural Intelligence Ltd. ('NI', 'we', 'our' or 'us'). By accessing or using the
Site, you expressly acknowledge and agree that you are entering a binding legal agreement with us and have
understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy
Policy that can be accessed by clicking here Privacy Policy (the
"Terms"). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery
or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree
to be bound by these Terms please do not access or use the Site.
- Modification. We reserve the right, at our discretion, to change these Terms at any time.
Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your
continued use of the Site thereafter means that you accept those changes.
- Ability to Accept Terms. The Site is only intended for individuals aged eighteen (18) years
or older. If you are under 18 years old please do not visit or use the Site.
- Site Access. During the period in which these Terms are in effect, we hereby grant you
permission to visit and use the Site, provided that you comply with these Terms and applicable law.
- Restrictions. You shall not: (i) copy, distribute display, mirror, frame or modify any part
of the Site, Content or Marks (as described below) without
our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale,
license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined
below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv)
use or launch any automated system (including without limitation, "robots" and "spiders") to access the
Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or
features that prevent or restrict use or copying of any Content or that enforce limitations on use of the
Site.
- Intellectual Property Rights.
- Content and Marks. The (i) content on the Site, including without limitation, the text, documents,
articles, brochures, descriptions, products, software, graphics, photos, sounds, videos user
interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer
code, interactive features, and services (collectively, the "Materials") including but not limited
to the design, structure, selection, coordination, expression, “look and feel” and arrangement of
such Materials; (ii) and User Submissions, as defined below (together with the Materials, the
"Content"); and (iii) the trademarks, service marks and logos contained therein ("Marks"), are
owned, controlled or licensed by or to NI and are protected by applicable copyright or other
intellectual property laws and treaties. The Site, the Site logo, and other marks are Marks of NI or
its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks,
service marks, or logos of their respective owners. We reserve all rights not expressly granted in
and to the Site and the Content.
- Use of Content. Content on the Site is provided to you for your information and personal use only
and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold,
licensed, de-compiled, reverse engineered, or otherwise exploited for any other purposes whatsoever
(including, without limitation, to create derivative works) without our prior written consent. If
you download or print a copy of the Content you must retain all copyright and other proprietary
notices contained therein.
- Third Party Sources and Content.
- The Site enables you to view, access, link to, and use content from Third Party Sources (defined
below) that are not owned or controlled by us ('Third Party Content').
The Site may also enable you to communicate and interact with Third Party Sources.'Third Party
Source(s)' means: (i) third party websites and services; and (ii) our partners and customers.
- We have no control over any Third Party Sources. We do not assume any responsibility for the
content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please
read the terms of use and privacy policy of any Third Party Source that you interact with before you
engage in any such activity.
- We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy,
appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating
to, any Third Party Content.
- By using the Site you may be exposed to Third Party Content that is inaccurate, offensive,
indecent, or objectionable. You always have the choice of deciding whether or not to interact with a
Third Party Source or to view and use Third Party Content. Your interaction with a Third Party
Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and
risk.
- You are solely responsible and liable for your interaction with a Third Party Source.You agree to
waive, and hereby do waive, any legal or equitable rights or remedies you may have against NI, and
release NI from any and all liability, arising from your use of and interaction on any Third Party
Content and from your interaction with any Third Party Source. If you have any queries or complaints
regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party
Source directly.
- Information Description. We attempt to be as accurate as possible. However, we cannot and
do not warrant that the Content available on the Site is accurate, complete, reliable, current, or
error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole
judgment, without the requirement of giving any notice prior to or after making such changes to the Content.
Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
- Disclosure. We reserve the right to access, read, preserve, and disclose any information
that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce
the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise
address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the
rights, property or safety of NI, its users or the public.
- Links.
- The Site may contain links, and may enable you to post content, to third party websites that are
not owned or controlled by NI. We are not affiliated with, have no control over, and assume no
responsibility for the content, privacy policies, or practices of, any third party websites. You:
(i) are solely responsible and liable for your use of and linking to third party websites and any
content that you may send or post to a third party website; and (ii) expressly release NI from any
and all liability arising from your use of any third party website. Accordingly, we encourage you to
read the terms and conditions and privacy policy of each third party website that you may choose to
visit.
- We permit you to link to the Site provided that: (i) you link to but do not replicate any page on
the Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site;
(iii) you shall not misrepresent your relationship with NI or present any false information about NI
and shall not imply in any way that we are endorsing any services or products, unless we have given
you our express prior consent; (iv) you shall not link from a website that contains content that (a)
is offensive or controversial (both at our discretion), or (b) infringes any intellectual property,
privacy rights, or other rights of any person or entity; and/or (v) you, and your website, comply
with these Terms and applicable law.
- Privacy. We will use any personal information that we may collect or obtain in connection
with the Site in accordance with our privacy policy which is available here. You agree that we may use personal information that you provide or
make available to us in accordance with the Privacy Policy.
- Warranty Disclaimers.
- This section applies whether or not the services provided under the Site are for payment.
Applicable law may not allow the exclusion of certain warranties, so to that extent certain
exclusions set forth herein may not apply.
- THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. NI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NI
DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE
MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT
NI WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM
TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER
SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED
OR ADVERTISED ON THE SITE BY A THIRD PARTY.
- NI DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES
NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH
CONTENT.
- YOU SPECIFICALLY ACKNOWLEDGE THAT NI SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT
(INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK
OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- YOUR RELIANCE ON, OR USE OF, ANY SITE CONTENT (INCLUDING WITHOUT LIMITATION, ANY USER SUBMISSIONS),
OR INTERACTION WITH ANY THIRD PARTY FEATURED ON THE SITE, IS AT YOUR SOLE RISK. IF YOU HAVE A
DISPUTE WITH ANY THIRD PARTY AS A RESULT OF, OR ARISING FROM YOUR USE OF THE SITE, YOU AGREE THAT NI
IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH
DISPUTE.
- EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR
ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
- WE ENDEAVOR TO OFFER YOU VALUABLE INFORMATION ABOUT THE PRODUCTS AND SERVICES THAT ARE FEATURED /
REVIEWED ON THE SITE. HOWEVER, IN ORDER TO PROVIDE YOU WITH THIS INFORMATION AT NO COST, WE MUST
SEEK REVENUE OPPORTUNITIES THROUGH OTHER MEANS. BY WAY OF EXAMPLE, WE MAY CHARGE A PLACEMENT FEE TO
THOSE THIRD PARTIES THAT ARE FEATURED ON OUR SITE, AND WE MAY RECEIVE FEES EACH TIME A USER CLICKS
THROUGH TO ONE OR MORE SUCH PARTIES AND/OR ACTUALLY PURCHASES PRODUCTS/SERVICES THAT ARE OFFERED BY
ANY OF THEM. IN ALL CASES, HOWEVER, THE REVENUES THAT ARE PAID TO NI WILL NOT INFLUENCE THE MATERIAL
WE PRESENT ABOUT A SPECIFIC THIRD PARTY FEATURED ON OUR SITE.
- Limitation of Liability.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NI SHALL NOT BE LIABLE FOR ANY INDIRECT,
EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY
LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF
YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF NI HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion
of liability for incidental or consequential damages, so the above limitations may not apply to you.
- IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NI FOR ANY AND ALL DAMAGES ARISING
UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE
TOTAL AMOUNT OF US$1,000.
- Indemnity.You agree to defend, indemnify and hold harmless NI and our affiliates, and our
respective officers, directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising
from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction
with any Site user; or (iv) your violation of these Terms.
- Term and Termination. These Terms are effective until terminated by NI or you. NI, in its
sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof,
immediately at any time and with or without cause (including, without any limitation, for a breach of these
Terms). NI shall not be liable to you or any third party for termination of the Site, or any part thereof.
If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become
dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
Upon termination of these Terms, you shall cease all use of the Site. This Section 14 and Sections 5
(Intellectual Property Rights), 10 (Privacy), 11 (Warranty Disclaimers), 12 (Limitation of Liability),
13 (Indemnity), 15 (Independent Contractors) and 17 (General) shall survive termination of these Terms.
- Independent Contractors. You and NI are independent contractors. Nothing in these Terms
creates a partnership, joint venture, agency, or employment relationship between you and NI. You must not
under any circumstances make, or undertake, any warranties, representations, commitments or obligations on
behalf of NI.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be
transferred or assigned by you but may be assigned by NI without restriction or notification to you.
- General. NI reserves the right to discontinue or modify any aspect of the Site at any
time. These Terms and the relationship between you and NI shall be governed by and construed in accordance
with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to
submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any
jurisdictional, venue, or inconvenient forum objections to such courts, provided that NI may seek injunctive
relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you
and NI concerning the Site. If any provision of these Terms is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of
these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be
deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any
right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE
THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: March 2020