Welcome to www.stablesmart.com (Website), an online forum where the owners of bloodstock horses (Owners), managers of horses like studs and trainers (Managers) and followers of horses (Followers) can register to access information about horses they own manage or follow. We also publish related information and links that may be of interest to our users.
The Website is the property of Breedsmart Pty Ltd trading as "StableSmart" ABN 17 139 338 051 (us, we, our).
Your acceptance of these terms
The Website is available for use only by genuine owners and trainers of bloodstock horses whose identities have been verified to our satisfaction and who have agreed to these terms.
By registering as a user, or by using the Website, you agree to be bound by our terms and conditions (as amended from time to time). If you do not accept our terms, you must not use or register as a user on the Website and must immediately cease to use the Website. Your continued use of the Website confirms your agreement to be bound.
Trainer information disclosed to the public on any particular horse must be done so with the prior approval of all owners of that horse.Stablesmart does not take responsibility for managing each horse's ownership and hence wishes with regards to their desire the release information about their horse. This is the responsibility of each trainer to manage before releasing the information to the public through the StableSmart platform.
We reserve the right to vary these terms and conditions without notice to you by publishing revised terms on the Website from time to time.
While care has been taken when compiling the Website, it uses information from a range of sources, including content uploaded from Owners, Managers, Followers and third parties in good faith. We cannot and do not screen all material on the Website before it is posted.
All information accessed at or via the Website is provided 'as is' without any express or implied warranty. We cannot and do not warrant or represent that any statement made by or attributed to a person is accurate. It is your responsibility to verify any information on the Website before relying on it.
We do not endorse and make no representations either expressly or impliedly agreeing with or supporting any statement made by or attributed to a person on the Website. Responsibility for statements appearing on the Website rests solely with the user who made the comment.
We take reasonable steps to ensure that pages for a horse can only be accessed by Owners and Trainers of that horse and their authorised representatives. However we cannot and do not warrant that information posted is safe and secure.
We do not warrant that all information currently available on the Website will always be so available. Our ability to publish material is subject to the limitations of any licenses given by third parties to publish that information.
You acknowledge that we are not liable for any direct, indirect or consequential loss or damage (including legal fees and other costs incurred) arising from or in any way connected with statements made or information given by you or a third party on the Website, any inaccuracy or incompleteness of information contained on the Website, the withdrawal of any information or material from the Website and any unauthorised access to parts of the Website. You may refer any inaccuracies or complaints to firstname.lastname@example.org, which we will deal with at our discretion.
We do not represent or warrant that the content on the Website complies with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk.
You acknowledge that:
We do not warrant that the Website or any servers that store and transmit data to the user are secure and free from errors or omissions, technical inaccuracies, errors, programming bugs, viruses, harmful content or components, interference (including malfunction of equipment or software, Internet access difficulties, or delay or failure of transmission) or duplicate data.
Goods and Services Tax (GST)
Fees for our services exclude GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) unless otherwise stated. Where the prevailing rate of GST changes, the new rate will be applied to the price of our services and the GST inclusive price for our services will be adjusted to account for the new rate of GST. We will issue a tax invoice to the payer for any supplies made by us to which GST applies.
We do not refund service fees except in our absolute discretion.
All software used in the Website, material on or comprising the Website (including photos, graphics, text, data, content of classifieds, advertisements, pictures, videos and other visual or audiovisual works), any trade marks, trade names, copyright and design rights whether registrable, registered or unregistered and the design, layout, look and appearance of the Website (Intellectual Property) is owned by or licensed to us and protected by copyright and all other intellectual property laws of Australia and other countries.
Except to the extent necessary for your ordinary use of the Website on your Internet browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, this Intellectual Property may not be used, adapted, reproduced, uploaded to a third party Website, framed, linked to, published, transmitted or distributed in any way or in any form or medium without our prior written consent. This means you cannot download, copy or reproduce any material from the Website without our or the owner's written permission unless you are acting in the ordinary and proper course of using the Website's services.
The Website may contain multimedia works (including videos of horses and racing events and live news feeds) and still images licensed to us from third parties. These works are provided purely for your private use, and you may not (directly or indirectly) distribute, modify, translate, publish, rebroadcast, transmit or communicate these works or create derivative works from them.
You may not claim any association with us or the Website without our prior written permission.
If you make comments on or upload material onto the Website, you warrant that you own or have the authority to supply all text, trademarks, artworks and other material given or uploaded. You grant us a non-exclusive worldwide, royalty-free license to copy, display and modify that material by any means (including in both electronic and printed form). This license ends when you delete your content or deregister your account unless your content has been shared with others and they have not deleted it. You understand and agree that content may persist in our backup copies for a reasonable time.
We reserve the right to decide whether, where and how material is displayed on the Website. We reserve the right not to include or to remove any comments or pictures or other material in our absolute discretion.
Links to third party sites
The Website may contain links to third party websites and resources. Third party websites are not part of the Website. These links are provided solely for your interest and convenience.
We and our contractors, employees or agents take no responsibility for the content, resources or sites that link from, or to, the Website or any associated products and services. Responsibility for the content of any advertisements appearing on the Website (including banner advertisements and hyperlinks to advertisers' own websites) rests solely with the advertisers.
We do not endorse and make no representations either expressly or impliedly concerning third party resources, their content or any products or services which they offer.
We do our best to keep the Website safe and secure for users, but we cannot guarantee it. You must not abuse the use of the Website or its facilities, systems, resources, accounts, servers, networks or affiliated or linked websites for a purpose other than which the Website service is provided or use the Website to engage in any activity that we (in our absolute discretion) think is inappropriate.
Without limiting this you agree not to (and not to attempt to):
Registering as a user
To register as a user and access material onto the Website related to your horse you must:
We may register you as a user and issue you with a password and user ID for the Website. The security of your password and user ID is your responsibility and you authorise us to assume that any person using your password and user ID is authorised to do so and that you have authorised all activity that occurs under your account. You agree to notify us immediately of any unauthorised use of your account or password.
Each user who registers or uploads material warrants that they are over 18 years of age and have provided us with complete, accurate and current personal information. You must update your personal information if it changes. You consent to us contacting you from time to time to ensure your personal information is current.
You agree to comply with any editorial policies we create from time to time.
You must not upload or submit content that:
We may remove, revise or refuse to publish any material uploaded to the Website or otherwise supplied by you to us at our absolute discretion and without consulting or notifying you.
Termination and transfer
Use of the website is a privilege. We may decline to register you as a user, terminate your registration and/or restrict your access to the Website (whether some or all parts) at any time at our complete discretion without consulting with or notifying you.
Without limiting the generality of the above, we consider the following as grounds for refusal of use:
If you want to deregister as a user of the Website you must give us 2 Business Days' written notice. We will cease charging you fees for daily access to the Website (or in respect of the horses you nominate to deregister access to at the end of that notice period and will disable your account as soon as practicable).
You must not transfer your account to anyone without getting our prior written permission. Unless we have approved a transfer:
If you transfer ownership of a horse, you or another Owner or Trainer of the horse must immediately notify us of the transfer. You acknowledge that access to information regarding the horse on the Website is linked to registration information that you and other Owners and Trainers of the horse supply. The onus is on you to notify us of any change. Unless we are reckless or fraudulent, we are not liable to you for any direct, indirect or consequential loss or damage (including legal fees and other costs incurred) arising from or in any way connected with any overlap of access to information about a horse on the Website by a former/future Owner or former/future Trainer of a horse.
Terms which, by their nature, are intended to survive termination of these terms shall remain in full force and effect after termination.
Limitation of our liability
Except as expressly stated in these terms, we and our contractors, employees and agents exclude all:
Any advice given on this website relating to wagering information should be considered as opinion and not actual fact; StableSmart is not responsible for outcomes of racing events or wagering outcomes where information/advice provided on-screen or on the website or in any other format has been followed. StableSmart and its contractors, employees, agents and providers (including Managers and Owners) shall not be liable to you or any other person for any reliance upon, or direct, indirect or consequential losses, damages, or costs suffered in relation to any of the information and/or selections supplied by any of our services. Any monetary investment based on information and/or services displayed by StableSmart is at the sole discretion of the receiver of that information.
Certain rights and remedies may be implied by law and may not be permitted to be excluded, restricted or modified. To the extent permitted by law, we and our partners, contractors', employees', agents' pr providers’ liability for any breach of an implied warranty or condition that cannot be excluded is limited to (at our discretion) the re-supply of services or a refund of service fees paid in respect of those services.
Without limiting the above, we take no responsibility for any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss or corruption of data) arising from, or in connection with persons engaged in hacking, spamming activities, denial of service attacks or other like activities.
Neither of us shall be responsible or liable to the other for any delay or inability to perform its obligations under these terms as a result of an act of God, war, riot, insurrection, vandalism or sabotage; strike, lockout, ban, limitation of work or other industrial disturbance, or law, rule or regulation of any government or governmental agency, and executive or administrative order or act of general or particular application which is beyond the control of the affected party and occurs without the fault or negligence of the affected party.
You indemnify us and agree to keep us and our officers, employees, agents and subsidiaries indemnified against any loss or damage whether direct, indirect or consequential (including legal fees and other costs incurred) claimed against us by any third party arising out of or in any way connected to:
Privacy is important to us. We collect personal information about you when you use the Website or otherwise communicate with us.
The Website is designed to make it easy for you to share information with other owners and trainers of your horse. You acknowledge and agree to our Privacy Statement (as amended from time to time) which is available at www.stablesmart.com/privacy and consent to the collection, use and disclosure of personal information in accordance with that statement.
We will only collect, use and disclose any personal information in accordance with our Privacy Statement, to the extent specifically required by law, or where reasonably contemplated by these terms.
Without prejudice to other terms, to protect the integrity of the Website we reserve the right (but are not required) to verify the accuracy of any information provided by you. You agree that we can reasonably disclose your personal information to third parties (including Ardex Technology Pty Limited) in order to verify your identity and confirm payments for our services. You agree that we can contact you and you will provide us with accurate information or clarification of matters related to material uploaded by you.
If a dispute arises between us in relation to these terms or any other matter related to the Website, before commencing legal proceedings (other than in urgent circumstances where an injunction is sought) the aggrieved party must notify the other in writing (which may be by email) and we must both attempt to resolve the dispute promptly and in good faith.
These terms (together with any policies we publish) constitute the entire agreement between you and us relating to the subject matter of these terms and supersede all prior understandings or agreements, written or oral, on that subject matter.
You may not assign your rights or obligations under these terms to third parties without our prior written consent.
If any part of these terms is unenforceable the remainder will not be affected.
A waiver of any of these terms will only be effective if it is in writing and signed by us.
No matter where you are located, these terms are governed by the laws of New South Wales, Australia, and we each submit to the non-exclusive jurisdiction of those courts of that State and courts able to hear appeals from them.
If you have any questions or comments about these terms, please contact:
The Chief Operating Officer
Breedsmart Pty Ltd trading as "StableSmart"
233 Pacific Highway
North Sydney NSW 2060
Phone: +61 (02) 8923 5666
Fax: +61 (02) 9929 3001
These terms and conditions were last updated on 1 April 2010.
© Breedsmart Pty Ltd. All rights reserved.