Updated 24/11/2018
These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Australia.
“This disclaimer governs your use of AERR’s App and computer software program (AERR Peak Fitness) and AERR’s web site. If you disagree with any part of this disclaimer, do not use our App or website. By downloading, accessing or using AERR Peak Fitness App, or any part of this App, you signify your assent to this disclaimer.
We also reserve the right to change the terms and conditions of this App and website. This includes but is not limited to the right to add, amend, modify, substitute, make corrections, suspend or remove without notice any information, content or service at any time. All changes are effective from the date they are posted so you should therefore check periodically for changes and it is your responsibility to ensure you are aware of any changes.
By using this App or website after we post any changes, you agree to accept those changes, whether or not you have reviewed them.
The copyright and all other intellectual property rights in the material contained in the App (AERR Peak Fitness), software and website, together with the App and website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to AERR. All rights are reserved. Unless stated otherwise, you may access and download the materials located on AERR only for personal, non-commercial use.
The contents of the App, including without limitation, all data, text, graphics and other materials are provided as a convenience to our App users and are meant for information purposes only. The App is not a substitute for professional advice. We do not take any responsibility for decisions taken by the user based solely on the information provided in this App.
The information is based on horses being free of any medical conditions that may affect the horses’ physiological responses to work. In addition that treadmill parameters, speed and grade are accurate and true. Therefore as AERR has no control of the medical state of the horse and accuracy of the data entered for analysis, the information can only be applicable to guidance purposes only and not intended to constitute professional advice, as circumstances will vary from horse to horse. As information will not always be up to date and cannot necessarily be relied upon, visitors who use this website and rely on any information do so at their own risk.
By sharing any contribution (including any text, photographs, graphics, video or audio) with us you agree to grant us, free of charge, permission to use the material in any way we want (including modifying or deleting it). In order that we can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any laws and that you have the right to give us permission to use it for the purposes specified above. . All data is kept confidential
To enable your use of the App you must subscribe and create a profile. This profile will then become your Login and you must log in each time you are to use the application.
Registration will only be complete on payment. Registration is a yearly subscription fee, with no refund so ensure your commitment prior to registration.
We do not monitor, verify or endorse information submitted by a third party provider for inclusion on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. In particular, we do not monitor, verify or endorse the information or quotations collected from third party providers as presented to you on the results page. To the extent permitted by applicable law, we disclaim all warranties, terms and representations (whether express or implied) as to the accuracy of any information contained on the Website.
You warrant that you have taken all reasonable precautions to ensure that any data you submit to the Website is true and accurate and free from viruses and anything else, which may have a contaminating or destructive effect on any part of the Website or any other technology.
We are not responsible for the contents or reliability of any other websites to which we provide a link and do not necessarily endorse the views expressed within them.
We make every effort to check and test material at all stages of production, however we do not warrant that functions available on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Payment methods other than those stated on the Website will not be accepted.
We are committed to protecting your privacy. We may disclose your details or access your account if required to do so by law, the Office of Fair Trading or any other applicable regulator, compliance monitor, Governmental or law enforcement agency.
We may terminate or suspend your access to the Website and the services within it at any time. All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
AERR, its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of AERR Peak Fitness App and program or any information, services or content on the App or www.aerr.com.au.
Definitions
In these terms and conditions, the following words have the following meanings:
“AERR” means Australian Equine Racing and Research Centre, as amended from time to time;
“Website” means the website located at www.aerr.com.au
“you”, “your” or “yourself” means you, the user of the Website;
“we”, “our” means AERR