TERMS OF SERVICE
The ClockItEQ and KER ClockIt RACE applications and related websites (“App”) are operated by ClockItEQ Pty Ltd, and the terms “we”, “us” and “our” refer to ClockItEQ Pty Ltd. We offer the Applications, including all information, tools and services available from them to you, the user.
By accessing or using any part of the Apps, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink as well as any additional terms listed in or on the Apps (which includes, to avoid any doubt, the FAQ listed on the website) or as may be added to these Terms from time to time. These Terms of Service apply to all users of the App, including without limitation any users who are browsers, vendors, affiliates, customers, merchants, and/or contributors, and ‘jockeys’ or ‘trainers’.
Please read these Terms of Service carefully before accessing or using the App. If you do not agree to all the terms and conditions of these Terms, then you may not access or use the App. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the App shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the App following the posting of any changes constitutes acceptance of those changes.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 - COMPLIANCE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the App.
You may not use the App for any illegal or unauthorised purpose nor may you, in the use of the App, violate any laws in your jurisdiction or any location that you access or use the App.
You must not damage, interfere with or disrupt access to the App or the data or content on the App or engage in any other conduct that will or may restrict or limit any other person from using or accessing the App.
i. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice connected to our Services;
ii. circumvent, disable or otherwise interfere with security-related features of the Services including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our websites or website content;
iii. use an automatic device (such as a robot or spider) or manual process to copy our websites or website content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy website content from our websites for the sole purpose of creating (and only to the extent necessary to create) a searchable index of website content that is available to the public. We reserve the right to revoke this permission, generally at any time;
iv. collect or harvest any personally identifiable information from our Services including, without limitation, user names, passwords, and email addresses;
v. solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
vi. attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
vii. decompile, reverse engineer, or disassemble any portion of our Services;
viii. use network-monitoring software to determine architecture of or extract usage data from our websites;
ix. encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity;
x. engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
A breach or violation of any of the Terms will result in an immediate termination of your account.
SECTION 2 – YOUR ACCOUNT
In order to use the App you must register an account with us in accordance with these Terms (including to avoid doubt, the FAQ).
You agree to provide us with current, complete and accurate information in your account and when asked to do so by the App. You may update, edit or terminate your account at any time.
You are solely responsible for the content of your account and for all activity that occurs using your registration or account, including maintaining the confidentiality of your account and password, and restricting access to your device, and you agree to accept responsibility for all activities that occur under your account or password.
You expressly agree that we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your account or registration being incomplete or inaccurate, or following your account being accessed without your permission, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute, or otherwise at all.
SECTION 3 - USE OF APP
We reserve the right to refuse service of the App to anyone for any reason at any time.
We grant you a revocable limited non-exclusive licence to access, browse, use and contribute to the App on your device, and download and use the data and any other downloadable content for the purposes of training a racehorse, assisting another in training a racehorse, and sharing information with others about a horse which you train or own.
You expressly acknowledge and agree that the purpose of the App is to collect and store real time data and that we are in no way responsible for interpreting or advising on the data, or for anything else beyond the recording, storage and retrieval of the data.
We reserve the right to review and use any data on the App to assist with future development, service improvement and support. Data will be held for up to three months after your account is terminated or cancelled, or becomes “non-financial”, after which we may discard the data at our discretion.
An account becomes “non-financial” when the account has no remaining paid sessions, or has no current jockey connections, or has no current website subscription or is otherwise deemed so under the Terms (including the FAQ).
Except as expressly permitted under these Terms of Service, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using the data or content available via this App for commercial or public purposes, including but not limited to use as meta tags or linking the App or data or content to other websites on the world wide web.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the App, use of the App, or access to the App or any contact on the website through which the service is provided, without express written permission by us.
SECTTION 4 - Necessary Equipment
a. Use of the Services requires the use of a computer with adequate software and a supported mobile device.
b. Use of the Services requires access to the internet.
c. The maintenance and security of the computer and internet access used for the Services is your responsibility.
d. KER ClockIt RACE requires the use of an external hardware heartrate monitor, which utilizes Bluetooth to transmit data. The maintenance of the heartrate monitor, and your device’s Bluetooth capability, is your responsibility.
SECTION 5 - Safety
a. Horses can be dangerous and unpredictable. Use good judgment when using the Services and Necessary Equipment around horses.
b. Use of phones or mobile devices to access Services in the vicinity of horses, including while mounted, is at your own risk.
SECTION 6 - User Content
a. Use of KER ClockIt RACE requires that you create an account by providing us with a valid email address and password. You are responsible for all activity that occurs in association with your account. You are responsible for maintaining the confidentiality of your account credentials, and any damages caused by your failure to do so. It is your responsibility to select whether you choose to have your account listed publicly or remain private.
b. User content may include maps, GPS, or other navigation data, including data relating to your current location. ClockIt EQ Pty Ltd makes no warranty regarding the accuracy or reliability of your GPS or navigation data. Your reliance upon GPS or other navigation data is at your own risk.
d. You represent, warrant, and covenant that you will not submit any User Content that:
i. violates or infringes in any way upon the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, or other intellectual property or proprietary right of any person or entity;
ii. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable;
iii. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
iv. is an advertisement for goods or services, or a solicitation of funds; or
v. contains a formula, instruction, or advice that could cause harm or injury.
Furthermore, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Websites will not be permitted.
f. By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), public display, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, in connection with our business. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.
g. We have the right, but not the obligation, to monitor User Content. We have the right, in our sole discretion and for any reason whatsoever, to edit, refuse to post, or disable access to any User Content. Furthermore, User Content and related data will be stored.
SECTION 7 - INFORMATION UPDATES AND MODIFICATION/DISCONTINUANCE
We are not responsible or liable if the data or any other information made available on the App is not accurate, complete or current. The material, including all data on the App, is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the App is at your own risk.
The App may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
You agree that we have the right to correct any errors, inaccuracies or omissions, change, modify or update information or the contents of the App, and cancel, discontinue or remove the service of the App (or any part or content thereof) at any time without prior notice. We undertake no obligation to update, amend or clarify information on the App.
You agree that it is your responsibility to monitor changes to the App. No specified update or refresh date applied on the App should be taken to indicate that all information on the App has been modified or updated, and we shall not be liable to you or any third party for any correction, modification, suspension, cancellation or discontinuance of the App.
You agree that ClockIt EQ Pty Ltd and its authorised representatives may access the data held on your account in order to provide you with technical assistance, to evaluate the performance of the overall system, to assist n the future development of the system. You agree that anonymised data may be used by ClockIt EQ Pty Ltd or may be provided to third parties for the purposes of research. If any data is used in research it will first have all identification data removed so that neither the trainer, jockey or horse can be identified.
SECTION 8 - THIRD-PARTY LINKS AND SERVICE CONTENT
The App may contain advertisements or links to third parties websites or content (“Third Party Content”).
We do not monitor, review or update, or have any control over, Third Party Content. Unless expressly stated otherwise, we do not endorse or adopt any Third Party Content and we make no representation, warranty or guarantee regarding the accuracy, completeness, timeliness or reliability of Third Party Content.
We are not responsible or liable for any Third Party Content or any other materials, products or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party Content.
You use any Third Party Content entirely at your own risk and liability. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USE OF YOUR DATA
We take care to maintain the confidentiality of your data. However, you agree to us usingyour data to further develop and improve the application and associated internet services.
You agree to the use of your data in undertaking of research in the field of equine sports science. Your data will only be used by ClockItEQ Pty Ltd and its associate Kentucky Equine Research. If data is made available to other third parties then it will be amended so that all identification is removed so that the data cannot be associated with you, your horses or your location.
You agree that we and our association Kentucky Equine Research may contact you from time to time to offer analysis of your data and to offer additional or third party services.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12- PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the App or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, including but not limited to breaches of the Copyright Act 1968 (Cth);
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, threaten, insult, harm, defame, slander, disparage, intimidate, or discriminate, whether or not based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the App or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the App or any related website, other websites, or the Internet;
(m) other than in accordance with these Terms of Service; or
(n) to attempt any of the above acts or engage or permit another person to do any of the above acts.
We reserve the right to terminate your use of the App or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the App and the data collected by the App will be uninterrupted, timely, secure or error-free
You expressly agree that your use of, or inability to use, the App is at your sole risk. The App, the data, and any products and services delivered to you through the App are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, security, informational content, system integration, accuracy, non-infringement, the express warranty of quiet enjoyment, or as to the accuracy or suitability of information, descriptions, guidelines, data and images on the App.
We do not warrant that the results and data that may be obtained from the use of the App will be completely secure, accurate or reliable. You expressly agree that you must take reasonable steps to secure your data, and that the accuracy of the data depends upon the GPS and iPhone signals. The accuracy of the data provided by the apps is not guaranteed and you accept that you use this data, or provide this data to third parties, entirely at your own risk.
In no case shall ClockIt,EQ Pty Ltd our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the App or any products procured using the App, or for any other claim related in any way to your use of the App or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the App or any content (or product) posted, transmitted, or otherwise made available via the App, even if advised of their possibility.
You expressly agree that it is your sole responsibility to use the App in a safe and sensible manner to avoid any damage or injury to yourself, the rider, the horse or any other property or item and any other persons or animals, without limitation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, hold harmless, and keep indemnified, ClockIt EQ Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against any claim, demand, loss or damage of any kind, including reasonable attorneys’ fees, from any third-party claim or any property or injury to or death of any person, or in any way due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, any negligent act or omission or wilful misconduct of yours, any claim, suit or action bought against us as a result of your use of the App, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the App, or when you cease using the App.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate your account and use of the App, or limit, block, deny or prevent access to the App (or any part thereof), at any time without notice and you will remain liable for all amounts (if any), including any losses incurred by us caused by your failure, due up to and including the date of termination.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this page or in respect to the App constitutes the entire agreement and understanding between you and us and govern your use of the App, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you the Apps shall be governed by and construed in accordance with the laws of the State of Western Australia.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.