TERMS AND CONDITIONS

Exclusion and Limitation of Liability

1. TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

2. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

3. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

IMPORTANT NOTE: In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:

a. in relation to goods

i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or

ii. the repair of the goods or payment of the cost of having the goods
repaired;

b. in relation to services

i. the supplying of the services again; or

ii. the payment of the cost of having the services supplied again

as in each case we may elect.

Notices

Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.

Severability

If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.

Assignment

The benefit of this agreement may be assigned by us, but not our obligations to you - to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.

Change to Terms on Renewal

We may change the terms and conditions of this Agreement on renewal or assignment/transfer, by notice in writing to you (or the assignee/transferee, as the case may be).

Entire Agreement

These terms and conditions constitute the entire agreement between WA Website and you, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and WA Website.

Entire Agreement, Governing Law

This agreement shall be governed by the laws in force in the state of Western Australia. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State.

Pricing

Prices of Products and/or Services offered by WA Website are subject to change at any time without notification.

SPECIAL TERMS & CONDITIONS FOR THE ALLOCATION OF WA WEBSITE RESOURCES

IMPORTANT: We are entitled to allocate sub-directories for the storage of client pages on a first come, first served basis. There is no guarantee that the preferred sub-directory will be available for a client.

CESSATION OF SERVICE: In the event where DataBeast Service for any reason permanently ceases to exist, WA Website's liability to subscribers shall be limited to a refund of membership fees equivalent to the outstanding period of the subscribers paid term of membership.

TERMINATION OF MEMBERSHIP: WA Website retains the right to terminate or refuse membership of any subscriber who has been known to abuse the service in any way, which includes the publishing of any passwords to non members, forwarding of data to third parties in any format or any other activity deemed to be unfair or detrimental to the DataBeast service or other subscribers.

INFORMATION: All the information provided by DataBeast comes from a variety of sources. Due to the great uncertainties of the racing industry WA Website provides no guarantee as to the outcome of any particular race and cannot accept any responsibility for any financial loss or otherwise to any person(s) as a result of any actions based on the provided data . WA Website also disclaim all and any liability and responsibility to any person(s) in respect of any of the information supplied and the consequences of anything done or omitted to be done by any such person(s) in reliance whether wholly or partly upon any of the contents of the information.

WA Website content remains © Copyright 1998 WA Website.

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