APP TERMS AND CONDITIONS OF USE
1. About the Application
(a) Welcome to Jig Racing (the ‘Application’). The application provides Horse Racing Tips and Analytics.
(b) The Application is operated by Jig Racing Pty Ltd (ACN 660 718 801). Access to and use of the Application, or any of its associated Products or Services, is provided by Jig Racing Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
(c) Jig Racing Pty Ltd reserves the right to review the change any of the Terms by updating this page at its sole discretion. When Jig Racing Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records
2. Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms here this option is made available to you by Jig Racing Pty Ltd in the user interface.
3. Copyright and Intellectual property
(a) The Application, the content and all of the related products of Jig Racing Pty Ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Application (including but not limited to text, graphics, logos, button icons and video images, audio clips, Application, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes and are reserved by Jig Raving Pty Ltd or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Jig Racing Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) Use the Application pursuant to the Terms;
(ii) Copy and store the Application and the material contained in the Application in your device’s cache memory; and
(iii) Print pages from the Application for you own personal and non-commercial use.
Jig racing Pyt Ltd does not grant you any other rights whatsoever in relation to the Application or the content. All other rights are expressly reserved by Jig Racing Pty Ltd.
(c) Jig Racing Pty Ltd retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer any:
(i) Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) A right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) A thing, system or process that is the subject of a patent, registered design or copyright (or an adaption or modification of such thing, system or process), to you.
(d) You may not, without prior written permission of Jig Racing Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in anyway the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
4. Privacy
Jig Racing Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Jig Racing Pty Ltd’s Privacy Policy which is available on the Application and at Jigracing.com
5. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause 5, and to the extent permitted by law;
(i) All terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
(ii) Jig Racing Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content) , whether at common law, under contact, tort ( including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Application and the content is at your own risk. Everything on the Application and the content is provided to you “as is” and “as available” without warranty or conditions of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Jig Racing make any express or implied representations or warranty about the content or any products or content (including the products or content of Jig Racing Pty Ltd) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
(ii) The accuracy, suitability or currency of any information on the Application, the content, or any of its content related products (including third party material and advertisements on the Application);
(iii) Costs incurred as a result of you using the Application, the content or any of the products of Jig Racing Pty Ltd; and
(iv) The content or operation in respect to links which are provided for your convenience.
6. Limitation of Liability
(a) Jig Racing Pty Lid’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
(b) You expressly understand and agree that Jig Racing Pty Ltd, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, accidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) You acknowledge and agree that Jig Racing Pty Ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Application.
7. Termination of Contact
(a) If you want to terminate the Terms, you must do so by cancelling the subscription to the Application before the debit date or rollover debit date with your intention to terminate.
(b) Jig Racing Pty Ltd may at any time, terminate the Terms with you if:
(i) You have breached any provision of the Terms or intend to breach any provision;
(ii) Jig Racing Pty Ltd is required to do so by law;
(iii) Jig Racing is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(iv) The provision of the Services to you by Jig Racing Pty Ltd, is in the opinion of Jig Racing Pty Ltd, no longer commercially viable.
(c) Subject to local applicable laws, Jig Racing Pty Ltd reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all of any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Jig Racing Pty Ltd’s name or reputation or violates the rights of those of another party.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Jig Racing Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or Which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
8. Indemnity
(a) You agree to indemnify Jig Racing Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) All actions, suits, claims, demands, liability, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(ii) Any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
(iii) Any breach of Terms
9. Dispute Resolution
9.1 Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
9.2 Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and action required to settle the Dispute.
9.3 Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 90 days of Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 90 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Australia.
9.4 Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
9.5 Termination of Mediation;
If have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator to do so.
10. Venue and Jurisdiction
The services offered by Jig racing is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
11. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of the law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties’ hereto and their successors and assigns.
12. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
13. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
APPLICATION PRIVACY POLICY
Jig Racing Pty Ltd
1. We respect your privacy
(a) Jig Racing Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and software application users. We adhere to the National Privacy Principles established by the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
(b) “Personal Information” is information we hold which is identifiable as being about you.
2. Collection of personal information
(a) Jig Racing Pty Ltd will, from time to time, receive and store personal information you enter onto our software application Jig Racing, provide to us directly or give to us in other forms.
(b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
(c) Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your information
(a) Jig Racing Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our software application and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
4. Use of your personal information
(a) Jig Racing Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
(b) The Application may make third party social media features available to its users. We cannot ensure the security of any information you choose to make public in a social media feature. Also, we cannot ensure that parties who have access to such publically available information will respect your privacy.
Jig Racing Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or email.
5. Disclosure of your personal information
(a) We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
(b) WE may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
(c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Jig Racing Pty Ltd, its application, website and customers or third parties.
(d) Information that we collect may from time to time be stored, processed in or transferred between parties within Australia.
(e) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential Purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
(f) By providing us with personal information, you consent to the terms of this Privacy Policy and types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
6. Security of your personal information
(a) Jig Racing Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
(b) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorized disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a matter that is inconsistent with this Privacy Policy.
7. Access to your personal information
(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at info@jigracing.com.
(b) We reserve the right to refuse to provide you with information we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
(a) If you have any complaints about privacy practices, please feel free to send in details of your complaints to PO Box 7791, Gold Coast Mail Centre, Queensland, 9726. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
9. Op out right
(a) You can stop all collection of information by the application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at info@jigracing.com.
10. Changes to Privacy Policy
(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
11. Software Application
(a) When you use our Application
When you use our application we may collect certain information such as mobile unique device ID, the IP address of your mobile device, mobile operating system, the type of mobile internet browsers you use, and information about the way you use the application. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
(b) Cookies
We may from time to time use cookies on our software application. Cookies are very small files which a website uses to identify you when you come back to the application and to store details about your use of the application. Cookies are not malicious programs that access or damage your computer, tablet or smartphone. Most devices automatically accept cookies but you can choose to reject cookies by changing your device settings. However, this may prevent you from taking full advantage of our Application.
(c) Automatic Collection
The software Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, you mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the application.
(d) Third Parties
Our software application may from time to time have links to other applications or websites not owned or controlled by us. These links are meant for your convenience only. Links to third party applications and websites do not constitute sponsorship or endorsement or approval of these third parties. Please be aware that Jig Racing Pty Ltd is not responsible for the privacy practices of other such applications or websites. We encourage our users to be aware, when they leave our application or website, to read the privacy statements of each and every application or website that collects personal identifiable information.
(e) Geo-location
When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements. We will not share your current location with other users or partners.