Racing Analytics Professional (RAPRO) End-User License Agreement (“Agreement”)

Last updated: 29/6/2024

Introduction

Please read this End-User License Agreement (“Agreement”) carefully before downloading or using Racing Analytics Professional (“Application”) or accessing and using the Racing Analytics website (https://www.rapro.com.au) (“Website”).

By downloading or using the Application, or accessing and using the Website, you are agreeing to be bound by the terms and conditions of this Agreement, as well as the Terms and Conditions outlined on the Racing Analytics Website (https://www.rapro.com.au/terms-and-conditions/).

If you do not agree to the terms of this Agreement, do not download or use the Application, and do not access or use the Website.

Terminology

The expressions ‘we’, ‘us’, and ‘our’ refer to the operator of this desktop software ‘Racing Analytics’. ‘VIT Solutions Pty Ltd.’ is a Proprietary Limited Company registered in Melbourne, Victoria, Australia and trading under the names and styles ‘Racing Analytics’, ‘Racing Analytics Professional’, ‘Racing Analytics Pro’, and ‘RAPRO’. The ‘Subscriber’ is any person who is authorized to use the Account. The ‘Account’ means the facility by which a Subscriber’s right to use ‘Racing Analytics’ service is paid for and monitored. ‘Racing Analytics’ provides a range of information relating to (but not limited to) Thoroughbred Racing such as (but not limited to) RACE Form, RACE Ratings, and RACE Statistics. ‘Subscription’ means the application or data product you have subscribed to through ‘Racing Analytics’.

Licensing

Application:

We grant you a revocable, non-exclusive, non-transferable, limited license to download, install on one primary PC and one backup PC, and use the Application solely for your personal, non-commercial purposes, strictly in accordance with the terms of this Agreement.

Example:

With your subscription, you are allowed to install the application on one primary PC and one backup PC. For instance, you can have the main installation on your home computer and a secondary installation on your laptop for travel or office use.

Data:

We grant you a revocable, non-exclusive, non-transferable, limited license to view data supplied within the ‘Racing Analytics’ Application that is outlined in your subscription purchase, solely for your personal, non-commercial purposes, strictly in accordance with the terms of this Agreement.

Copyright

Copyright for all material included on our Website and Desktop Software resides with ‘Racing Analytics’ suppliers and agents. Full intellectual property rights relating to our systems and information incorporated on our Website and Desktop Software reside with ‘Racing Analytics’ and its suppliers, and no part of any such systems or information may be used elsewhere except with the consent of ‘Racing Analytics’.

Subscribers are provided with access to our Website and Desktop Software and any information on it strictly for personal use only. You are authorized to print a copy of any information contained on our Website for your personal use unless such printing is specifically prohibited. You may not, without our written permission, sell, distribute, or commercialize any information obtained from our Website and Desktop Software.

User Responsibilities

You are responsible for maintaining the confidentiality of your Account and for any activities or actions under your Account. You agree to notify us immediately of any unauthorized access or use of your Account. We are not liable for any loss or damage arising from your failure to comply with these obligations.

Termination

We may terminate or suspend your access to the Application immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Agreement. Upon termination, your right to use the Application will immediately cease.

Example:

If you breach the terms of this agreement by distributing application data commercially without a proper license, we may terminate your access to the application immediately without notice. For instance, if you sell data reports generated by the application to other parties, your account will be suspended.

Governing Law

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Victoria, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Victoria, Australia, and you hereby submit to the personal jurisdiction of such courts.

Example:

If a dispute arises regarding your use of the application, it will be resolved under the laws of Victoria, Australia. For example, if there is a disagreement about whether your use of the application constitutes a commercial use, the matter will be decided in a court located in Victoria, Australia.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Racing Analytics – VIT Solutions PTY LTD, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, punitive, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

Example 1:

If a bug in the application causes you to lose your personal data, our liability is limited to the amount you have paid for the subscription in the preceding month. For instance, if you paid $198 for your monthly subscription, our maximum liability would be $198.

Example 2:

In the unlikely event that the application is unavailable for a period due to server maintenance, we are not liable for any potential loss of business or revenue you might experience during that downtime.

Indemnification

You agree to indemnify and hold Racing Analytics – VIT Solutions PTY LTD and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Application or Website or any wilful misconduct on your part.

Example:

If you use the application to create and distribute misleading data reports that result in a lawsuit, you agree to indemnify Racing Analytics against any legal fees or damages. For instance, if a third party sues us because of the incorrect data you provided using our application, you would be responsible for covering those costs.

Modifications to Application

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Acceptance of Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting Us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or write a letter to 106/585 Little Collins St Melbourne VIC 3000, Australia

This document was last updated on 22/10/2024.