- the Terms and Conditions;
- the tvn.com.au Website Privacy Policy;
- the instructions for use of the "TVNalert" service ("Alerts") and the "TVNmobile" mobile telephone application ("Application"); and
- any other terms contained on this website,
(collectively "Terms of Use") whether or not you become a registered subscriber to tvn.com.au. The Terms of Use contain important information, including warranty disclaimers and limitations of liability. By using this website, you agree to be bound by the Terms of Use. If you do not agree to the Terms of Use, you must not use this website.
Terms and Conditions
Welcome to TVN.com.au ("tvn.com.au", "website"). This site is operated by ThoroughVisioN Pty Ltd (ABN 33 100 040 033) ("TVN", "we", "our").
1 What you must do
1.1 You must use tvn.com.au and the services and material made available on or via the website in a responsible manner.
1.2 If you are under 18 years of age, you must obtain a parent/guardian's consent prior to using tvn.com.au and only use the website under your parent/guardian's supervision.
2 What you must not do
2.1 You must not:
(a) use any of tvn.com.au, the Alerts and the Application for any activities;
(b) post or transmit to or via any of tvn.com.au, the Alerts and the Application any information or materials,
which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes.
2.2 You must not:
(a) use any of tvn.com.au, the Alerts and the Application in a way;
(b) post to or transmit to or via any of tvn.com.au, the Alerts and the Application any material,
which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying tvn.com.au.
2.3 You must not:
(a) make any fraudulent or speculative enquiries, bookings, reservations or requests using tvn.com.au;
(b) use another's name, username or password without permission;
(c) post, or transmit via tvn.com.au, any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(d) reverse engineer any part of, tamper with, hinder the operation of or make unauthorised modifications to any of tvn.com.au and the Application;
(e) knowingly transmit any virus or other disabling feature to tvn.com.au;
(f) attempt any of the above acts or permit or authorise another person to do any of the above acts.
3 Third Party Content
3.1 tvn.com.au contains information on and advertisements for products and services of parties other than TVN ("third parties"). These third party products, services and information are not provided or endorsed by us and any legal relationship you may enter in respect of these things is with the relevant third party supplier.
3.2 tvn.com.au may contain links to the websites of third parties, which websites are not operated or controlled by TVN ("third party websites"). Provision of a link should not be construed as an endorsement or approval of the third party website by TVN. TVN is not responsible for the content of third party websites, which are not covered by the Terms of Use. You access third party websites at your own risk. Third party websites should have their own terms of use which you should read.
3.3 We may receive fees from third parties for goods and services of such third parties displayed or made available on tvn.com.au or accessible through a hyperlink on tvn.com.au. You acknowledge and consent to us receiving such fees.
4 Subscription content and the Alerts and the Application on tvn.com.au
4.1 If you subscribe to the subscriber areas of the website or use the Alerts or the Application you will be able to:
(a) download and watch certain live and/or replayed visual race coverage or compilations of visual race coverage;
(b) listen to certain live and/or replayed audio race coverage or compilations of race coverage;
(c) receive racing related still images;
(d) receive racing-related textual content, including without limitation form, race fields and racing calendars.
This material is provided for your private, non-commercial use, and you may not (directly or indirectly) distribute, modify, translate, publish, rebroadcast, transmit or communicate this material or create derivative works from it.
4.2 The availability of material on or via any of the subscriber areas of the website, the Alerts and the Application (as the case may be) is subject to the transmission limitations of:
(a) the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection;
(b) the mobile telephone carrier services to which you subscribe and the capacity of your mobile telephone to receive such material.
5 Subscription
5.1 You agree to any limitations published on tvn.com.au on the downloading of multimedia from the website.
5.2 You agree that TVN may terminate your subscription should your usage of tvn.com.au exceed any specified limitations.
5.3 To subscribe to and access the subsciber areas of the website, you must provide complete and accurate information as required in the subscriber registration form. The website's Privacy Policy explains how such information may be collected and used). You must also supply your credit card information to TVN's credit services provider, Australia and New Zealand banking group ("ANZ"). Your ability to purchase subscriber services is subject to limits established by your credit card issuer. You must notify ANZ immediately of any change in your credit card information, including any change to your home address. TVN is not responsible for and must not be held liable for any breaches in transaction security by any third party.
5.4 You acknowledge that it may take up to thirty days for you to receive confirmation of payment for your tvn.com.au subscription.
6 Security
6.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the tvn.com.au servers. We are not responsible for any information you may lose if the tvn.com.au servers terminate your browser session due to prolonged periods of inactivity between your browser and the tvn.com.au servers.
7 Copyright and Trade Marks
7.1 tvn.com.au, the material on tvn.com.au, including all text, photos, graphics or audio, visual or audio-visual works or any other data, information or material ("Material"), the software, design, text and graphics comprised in tvn.com.au and the selection and layout of tvn.com.au are owned or licensed by TVN and protected by copyright under the laws of Australia and other countries. By making available such Material and other things, TVN does not authorise you to infringe the intellectual property or other rights of any person in any way and you agree that you must not do so.
7.2 You may download Material from this website and print out that Material, but only for your own private, non-commercial use. Otherwise (except as permitted by the Copyright Act 1968 (Cth)), no Material or any part of the website may, directly or indirectly, be used, reproduced, published, broadcast, communicated, transmitted or adapted in any way or in any medium or form without the prior written consent of TVN.
7.3 This website contains trade marks which may include registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law. You may not use these trade marks or the name "Thoroughvision Pty Ltd".
7.4 All logos, word marks or combinations of these contained in the website are trade marks or registered trade marks of TVN or their respective owners.
8 Indemnity
8.1 You indemnify us and our officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of tvn.com.au by you or someone using your name and password.
9 Disclaimer and limitation of liability
9.1 To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you relating to any of your use of tvn.com.au, any failure to provide or delay in providing tvn.com.au (including a messaging service), and any products, services or information supplied, offered to be supplied or advertised on tvn.com.au.
9.2 To the extent permitted by law, all warranties, conditions and representations about tvn.com.au, the availability of tvn.com.au for access and use, the products and services advertised, offered to be supplied or supplied via tvn.com.au and the information provided on tvn.com.au are excluded. Where any conditions or warranties implied by law cannot be excluded our liability for a breach of such condition or warranty will be limited, where we are entitled to do so, to one or more of the following (at our option):
(a) in relation to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) payment of the cost of having the goods repaired;
(b) in relation to services:
(i) the supply of the services again;
(ii) the payment of the cost of having the services supplied again.
9.3 TVN does not warrant that:
(a) the website or any services provided via the website, including (without limitation) the services in the subscriber areas of the website, the Alerts and the Application, will be uninterrupted or error free or provided without delay or in a timely fashion;
(b) defects or errors in the website or any services provided via the website will be corrected;
(c) the website or any services provided via the website will be free from viruses or other harmful content or components;
(d) any information contained in the website or provided as part of any of the services provided via the website will be accurate or reliable.
10 Use of your information and material
10.1 When you send us any feedback, suggestions, ideas, requests or other materials in relation to or via tvn.com.au, you agree that TVN can use, reproduce, publish, modify, adapt, communicate and transmit them to others free of charge and without restriction, subject to our obligations under any applicable laws.
11 Prices, Payments and Goods and Services Tax ("GST")
11.1 If GST is imposed on any supply made by us through tvn.com.au, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you for that supply.
11.2 Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
11.3 All prices displayed and products and services offered to be supplied on tvn.com.au are subject to change without notice.
11.4 Charges for:
(a) accessing the internet;
(b) downloading Material from or via this website either to your computer or to your mobile telephone; or
(c) sending and/or receiving and viewing short message service message or multi-media messages,
may be levied against you as a result of or in association with your use of tvn.com.au. All such charges are levied as between you and your internet service provide or mobile telephone carrier (as the case may be) and are not the responsibility of TVN.
12 Changes
12.1 We may amend the Terms of Use from time to time by posting the amended version on tvn.com.au. Accordingly, we recommend that you check this web page (on the tvn.com.au website) regularly for any changes. Your continued use of this website after posting of any amendments will be deemed to constitute acceptance of the amendments.
12.2 We may change, suspend or discontinue any aspect of the website at any time, including the availability of any website feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts of, or the entire, website without notice or liability.
13 Termination
13.1 If, in TVN's reasonable opinion, you breach any of the Terms of Use, we may suspend, terminate or limit your access to tvn.com.au and terminate the Terms of Use effective immediately without notice to you.
14 General Matters
14.1 The Terms of Use are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria for determining any dispute concerning the Terms of Use.
14.2 If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
14.3 If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.
© ThoroughVisioN Pty Ltd. All rights reserved.
