G1 Racesoft Pty Ltd Terms and Conditions of Use

1. Terms

These Terms and Conditions govern your use of the website www.g1goldmine.com and any other websites we own and operate from time to time (Website), as well as the subscription based services and products G1 offers through this website, including but not limited to the subscription based services known as G1 Goldmine and Stallion Match and the products available within these services known as Broodmare Analysis, Pedigree XRay, Sales Catalogues Analysis and Stallion Affinity Report, and any other product or service added to https://www.g1goldmine.com from time to time (collectively the Subscription Services) and form a binding agreement between you and G1 Racesoft Pty Ltd (ACN 110 444 007) of World Trade Centre - Tower 4, Level 10, 611 Flinders Street Victoria 3000 (G1).

Without limitation, by signing a document, clicking accept on your screen, or continuing to use the Website or Subscription Services, you will be deemed to have accepted and will be bound by these terms and conditions.

2. Use License

2.1 G1 grants to you a worldwide, non-exclusive, non-transferable and limited right to access and use, but not replicate (unless you have written consent from G1), the information available via the Website and Subscription Services, for personal and limited commercial purposes. For the avoidance of doubt, you may not (without limitation):

  • (1.a) modify or copy the Website and/or Subscription Services or any of the information or material produced by the Website or Subscription Services;
  • (1.b) sell the content of the Website and/or Subscription Services, or any of the information or material provided to you on the Website or the Subscription Services, for any purpose;
  • (1.c) display the content of the Website and/or the Subscription Services in public or online, whether for commercial or non-commercial purposes, unless written permission is obtained from G1;
  • (1.d) attempt to decompile or reverse engineer or mirror any service, data or source code in relation to the Website and the Subscription Services or any search results within the Website and/or Subscription Services;
  • (1.e) remove any copyright or other proprietary notations from the content of the Website and/or the Subscription Services;
  • (1.f) provide, transfer or otherwise make available the content of the Website and/or the Subscription Services to another person or entity, unless written permission is obtained from G1;
  • (1.g) use the Website and/or the Subscription Services for illegal activities, or facilitate the Website and/or the Subscription Services being used for illegal activities;
  • (1.h) upload, transmit or otherwise infect the Website and/or Subscription Services with a virus, Trojan or similar;
  • (1.i) harvest or collect any content of the Website and/or the Subscription Services, other than in the ordinary course of utilising the Website and/or Subscription Services.

2.2 Further, the Website and Subscription Services are only provided for the access and use of the person or entity who subscribed with G1 and you agree:

  • (2.a) to keep confidential and secure any username or password used to access the Website and Subscription Services;
  • (2.b) not to share any username or password used to access the Website and Subscription Services with any third parties;
  • (2.c) that should your username or password be used by a third party, their use is at their risk and G1 shall not be responsible for any use or reliance that third party may place on the content of the Website and Subscription Services; and
  • (2.d) to at all times indemnify G1 against any and all obligations, liabilities, costs, expenses, losses, or damages incurred or sustained by G1, whether directly or indirectly, by virtue of improper use of your username and password, including but not limited to indemnifying G1 for any claim, demand, action, suit, proceedings or complaint against G1 arising out of or in connection with any third party’s access to the account using your username and password and their subsequent reliance on or use of the Website and Subscription Services regardless of the outcome of any such claim, demand, action, suit, proceeding or complaint.

2.3 Subject to clause 2.1, where consent is given to you to use the information available via the Website and/or Subscription Services in your brochures, prospectuses, pamphlets or similar marketing material (Marketing Material), it is given subject to the following specific conditions:

  • (3.a) you must acknowledge and state in the Marketing Material that the information is the intellectual property of G1 and is not to be replicated or further disseminated by any third party receiving the Marketing Material;
  • (3.b) you acknowledge and agree to refrain from representing that the information from the Website and/or Subscription Services that you use in the Marketing Material is error or omission free, or reliable, accurate or current; and
  • (3.c) you hereby agree at all times to indemnify G1 against any and all obligations, liabilities, costs, expenses, losses, or damages incurred or sustained by G1, whether directly or indirectly, by virtue of any third party bringing any claim, demand, action, suit, proceedings or complaint against G1 arising out of or in connection with the third party’s reliance on or use of that information, regardless of the outcome of any such claim, demand, action, suit, proceeding or complaint.

2.4 You acknowledge and agree that all the material, content and information on the Website and provided to you through and on the Subscription Services, including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material, as well as the infrastructure used to provide such content and information, is proprietary to G1 and constitutes the intellectual property of G1 and that there is no transfer of title or ownership to you of any of G1’s intellectual property.

2.5 This license shall automatically terminate if you violate any of these restrictions and/or when your subscription to the Website and Subscription Services comes to an end. G1 may also terminate this licence at any time upon notice to you.

2.6 You must not use any downloaded materials in your possession, custody or control, in a way that is inconsistent with the terms of use provided herein or in a way that is inconsistent with any consent given to you.

3. Invoicing and Payment

3.1 You will pay G1 all fees associated with the selected term of the Subscription Services in full (the “Subscription Fee”):

  • (1.a) immediately upon registration for the Subscription Services for the prescribed term; or
  • (1.b) immediately upon the expiry of the term of the Subscription Services should you wish to renew for a further period and as part of the renewal process; or
  • (1.c) immediately following the conclusion of your free trial should you wish to continue using the Subscription Services at the conclusion of the free trial, whichever applies.

3.2 If you opt into the free trial, the Subscription Services will not be available following the conclusion of the free trial, unless payment is made in accordance with clause 3.1(c).

3.3 You will pay G1 all fees associated with any paid reports that you request immediately upon requesting any such paid report. Reports will not be provided until payment is received in full.

3.4 If you access the Website / Subscription Service from outside of Australia, all fees will be payable in the major local currency and the fees due and payable are subject to exchange rate fluctuations.

3.5 Unless specifically described as GST exclusive, any amount provided or advertised by G1 includes any amount on account of GST.

3.6 G1 may terminate your access to the Subscription Services at any time if you fail to pay any fees in accordance with this clause 3.

4. Limitation of Liability and Indemnity

4.1 You acknowledge and agree that, to the maximum extent permitted by law, G1 will not be liable in respect of any claim by you, whether contractual, tortuous, statutory or otherwise and whether or not as a result of any breach or default by G1, for any special, incidental, direct or indirect, punitive or consequential damages or injury (including, but not limited to, any loss of profits, contracts, revenue or data, or business interruption), arising out of or in connection with the provision of and your use of the Website and/or Subscription Services or the provision of any other goods or Website and/or Subscription Services under these Terms and Conditions.

4.2 The maximum liability of G1 under these Terms and Conditions for any and all breaches of these Terms and Conditions and for any negligence in relation to these Terms and Conditions, will not exceed the amount of the fees paid by you for the Subscription Services in the preceding 12 months.

4.3 Further, you agree that G1 will not be liable or responsible for any failure in, or delay to, the provision of the Website and/or Subscription Services or in G1 complying with its obligations under these Terms and Conditions where such failure or delay has arisen as a direct or indirect result of:

  • (a) fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
  • (b) outbreak of an infectious or contagious human disease, including but not limited to a pandemic declared by the World Health Organisation or a Government authority;
  • (c) denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
  • (d) a significant demand is placed on G1’s Website and/or Subscription Services which is above the usual level of demand and which results in a failure of G1’s software and hardware to function correctly;
  • (e) the failure of any third party to fulfil any obligation to G1; or
  • (f) any other circumstances or event similar to the above which are beyond the reasonable control of G1.

4.4 Nothing in this clause 4, excludes, restricts or modifies the Australian Consumer Law, that cannot be excluded, restricted or modified.

5. Warranty

5.1 G1 does not warrant that the Website and/or Subscription Services, including its content:

  • (1.a) will be error free;
  • (1.b) will meet your expectations or requirements;
  • (1.c) is fit for a particular purpose;
  • (1.d) does not infringe any third party intellectual property;
  • (1.e) will be uninterrupted or error-free and available for use with your software and hardware;
  • (1.f) does not include technical, typographical, or photographic errors;
  • (1.g) is accurate, complete, reliable or current or that any sites linked from the Website and/or Subscription Services, are accurate, complete, reliable, current and does not contain errors or omissions.

5.2 You warrant and represent that you have made your own enquiries to verify the information, specifications or representations provided to you by G1 and you warrant that you have not agreed to these Terms and Conditions in reliance upon any representations except for those written representations contained in these Terms and Conditions.

5.3 You acknowledge that G1 has not made and will not make any express or implied warranties in relation to the Website and/or Subscription Services or any other goods or Website and/or Subscription Services provided by G1 under these Terms and Conditions, other than those warranties expressly contained in these Terms and Conditions. Subject to this clause 5, any term that would be implied into these Terms and Conditions, including without limitation any condition or warranty, is hereby excluded to the maximum extent permitted by law.

5.4 Nothing in this clause 5, excludes, restricts or modifies the Australian Consumer Law, that cannot be excluded, restricted or modified.

6. Reliance on Website and/or Subscription Services

6.1 G1 provides no guarantee or warranty to you that the Website and/or Subscription Services available through the Website and/or Subscription Services will be uninterrupted, error-free or secure from error, secure, timely, accurate, reliable, or that defects in the service will be corrected. Whilst G1 will endeavour to maintain ongoing access, access to the Website and/or Subscription Services may be suspended, restricted or terminated at any time. G1 is not responsible for any problems or technical malfunction with the Internet, with the Website and/or Subscription Services, or a combination thereof.

6.2 G1 will not be liable for any software or hardware issues that may reside at the user’s end that limits or interferes with the Website and/or Subscription Services provided by G1. These include, but are not limited to, complex networks that do not allow network traffic through to G1 servers including proxy servers, terminal Website and/or Subscription Services or ISP issues, and software conflicts on a user’s machine, not allowing the G1 code or software to be installed, used or accessed.

7. Accuracy of Data

7.1 G1 makes every effort to ensure that the content of the Website and/or Subscription Services is accurate, and we will correct any errors or omissions as soon as practicable after being notified of them, however, we do not guarantee that the Website and/or Subscription Services will be fault free or that all of the information displayed will be completely accurate and G1 accepts no liability whatsoever for any errors or omissions.

7.2 Further, you acknowledge and agree that:

  • (2.a) the content of the Website and/or Subscription Services is based upon a formula and the information available to G1 at any given time and may include technical and typographical errors or omissions;
  • (2.b) the content, including any rating provided in relation to a particular horse, is a guide only and must be used as a guide only and you will not rely on the rating and will undertake your own due diligence before making any decisions with respect to any particular horse;
  • (2.c) whilst all care is taken in relation to the accuracy of the content, you use the Website and/or Subscription Services and the content therein at your own risk and G1 will not be liable to you for any loss or damage arising out of or in connection with your reliance on or use of the content.

7.3 To the maximum extent permitted by law, G1 disclaims all warranties and representations (including express and implied) and responsibilities in relation to clause 7.1.

8. Security of Information

While G1 takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on G1 systems or on the G1 Website and/or Subscription Services. G1 cannot always ensure that it’s computer systems, network resources, files available for downloading and email communications will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected. G1 disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

9. Dispute Resolution

9.1 If a dispute arises in any way related to your use of the Website and/or Subscription Services or in relation to these Terms and Conditions, and prior to initiating any legal proceedings in the relevant court within the jurisdiction, you must first provide G1 with a Dispute Notice, which must state the nature of the dispute, evidence of any previous correspondence and your proposed resolution. Following receipt of a Dispute Notice:

  • (1.a) The relevant representatives from each party must meet (including but not limited to face to face, or via Zoom, FaceTime or other similar video conferencing platforms), within 7 days and engage in good faith discussions in an attempt to resolve the dispute within 14 days of the meeting.
  • (1.b) If the parties are unable to reach a resolution within 14 days of the meeting, then either party may terminate the discussions by written notice and then commence legal proceedings to resolve the dispute should they determine, in their sole discretion, that this is the appropriate course of action.

10. Termination

10.1 Subject to clause 10.4, either you or G1 may terminate your subscription to the Website and Subscription Services, on 30 days’ written notice, and without the need to provide reasons.

10.2 Further, G1 may terminate your subscription to the Website and Subscription Services immediately by written notice at any time if you:

  • (2.a) breach these Terms and Conditions;
  • (2.b) fail to make any payment due and owing to G1; or
  • (2.c) are unable to pay your debts as and when they fall due.

10.3 You remain liable for all costs and fees incurred up to the date of termination.

10.4 Further, in the event your subscription to the Subscription Services is terminated prior to the end of your selected term, however occurring, or you request to downgrade your subscription during your selected term, you acknowledge and agree that G1 is not liable to provide you with a full or partial refund of the Subscription Fee, regardless of whether or not any time remains on your subscription or whether the subscription fee for the downgraded subscription is for a lesser amount.

10.5 This clause does not limit any right or remedy available to a party under or in connection with these Terms and Conditions.

11. Customer Data and Privacy

11.1 You acknowledge and agree that the content and accuracy of the personal information, contact information and all other information you provide (Customer Data), is your responsibility.

11.2 G1 may deal with the Customer Data, including but not limited to providing any or all Customer Data, search results or queries to Stud Farms, Breeders and other industry partners. In doing so G1 will comply with the terms of its Privacy Policy.

11.3 G1 may use aggregated Customer Data for statistical and other purposes associated with its business of development, hosting and support of software, including for the purposes of developing new software or services, or new features for or improvements to existing features for its software or services.

11.4 Each party shall, in relation to Personal Information, comply with the Privacy Law, and refrain from any action which would result in a breach of the Privacy Law, or which would amount to interference with the privacy of an individual.

11.5 Please refer to our Privacy Policy, which forms part of these Terms and Conditions, for more information.

12. Force Majeure

12.1 For the purposes of this subclause, a force majeure event means one of the events listed in clause 4.3 herein, which are events that are beyond the reasonable control of G1.

12.2 G1 will not be liable to you or to any third party for any non-performance or delay in the performance of its obligations, if a force majeure event causes the non-performance or delay.

12.3 In no event will this provision affect your obligation to make any payments to G1 except in the event G1 is unable to provide the Subscription Services for more than 14 days due to a force majeure event.

13. Interest

Should any amount you owe to G1, whether it be an amount owing pursuant to clause 3 or any indemnity given to G1 pursuant to clause 2.2(d) or 2.3(c) or otherwise, remain unpaid for a period of 14 days following a demand for payment made by G1 to you, then G1 may charge you interest at the rate specified from time to time by the Penalty Interest Rates Act 1983 (Victoria), on any amount owing until it is paid in full.

14. Variation and Assignment

14.1 G1 may revise or vary these Terms and Conditions from time to time with immediate effect and your continued use of the Website and/or Subscription Services after notification of such amendment constitutes you agreeing to be bound by the revised or varied terms and conditions.

14.2 You may not assign or transfer any of your rights or obligations to any person or entity without the prior written consent of G1. G1 may assign, transfer or otherwise deal with these Terms and Conditions or any right or obligation under these Term and Conditions without your consent.

15. Severability

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision or portion will be severed from the Terms and Conditions and the remainder of these Terms and Conditions will continue in full force and effect.

16. Notices

16.1 All notices, requests, demands, consents, approvals, offers, agreements or other communications given by you to G1 must be emailed to G1 at admin@g1goldmine.com. You agree that G1 may send notices to you by email to the email address you supply G1, and/or communicate to you via any messaging functionality contained in the Website and/or Subscription Services.

16.2 All notices sent by email will be deemed to be received by the recipient at the time they are sent by the sender.

17. Survival

Clauses 2 (Use of Licence), 4 (Limitation of Liability and Indemnity), 5 (Warranty), 6 (Reliance on Website and/or Subscription Service), 7 (Accuracy of Data), 8 (Security of Information), 9 (Dispute Resolution), 11 (Customer Data and Privacy), 17 (Survival) and 18 (Governing Law) survive the termination of these Terms and Conditions.

18. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably consent to the jurisdiction of the Courts of the State of Victoria and their Courts of Appeal in relation to these Terms and Conditions.