WEBSITE AND MOBILE APPLICATION TERMS OF USE

By using this website located at http://www.mustr.racing (“Website”) and/or our mobile application “MUSTR Racing App” (“APP”) (collectively referred to herein as the “Service”), you agree to be bound by these terms of use (“Terms”). At our discretion, we may change these Terms without notice. By continuing to use the Service and/or the App, you accept the Terms as they apply from time to time. If you do not agree, do not use the Service.

These Terms constitute a legally binding agreement (“Agreement”) between you and MUSTR Racing Pty Ltd ACN 678 728 062 (“MUSTR Racing”, “we,” “us” or “our”) governing your use of the Service therein. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO USE THE SERVICE. YOUR USE OF THE SERVICE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IN ADDITION, WHEN YOU CHECK THE “AGREE WITH THE ABOVE TERMS” WHEN REGISTERING AN ACCOUNT ON THE WEBSITE OR CLICK THE “AGREE” BUTTON WHEN YOU INSTALL THE App, AS THE CASE MAY BE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE OR INSTALL THE APP AND DISCONTINUE YOUR REGISTRATION TO CREATE AN ACCOUNT ON THE WEBSITE. We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time without further notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future amended Terms, do not use or access (or continue to use or access) the Service. YOU MUST BE OVER THE AGE OF 18 TO USE THE SERVICE (“LEGAL AGE”). ONLY PERSONS OF LEGAL AGE CAN ACCEPT THIS AGREEMENT AND CREATE AND/OR AUTHORISE AN ACCOUNT TO USE THE WEBSITE AND THE App. IF YOU ARE NOT AN ADULT YOU MAY NOT CREATE AND/OR AUTHORISE AN ACCOUNT TO USE THE WEBSITE OR THE APP.

General Disclaimer

The Service is owned and controlled by MUSTR Racing.

MUSTR Racing reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, MUSTR Racing grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service.

Users browsing the Website do not need to register to access general information about our services and products, but must register and create an account in order to purchase units in racehorse ownership schemes and otherwise access and use our online event scheduler and merchandise store. If you choose to register for the Website, you agree to provide true, accurate, and complete information about yourself as prompted by the registration form.

Registration

The Website and the App provide(s) registered account holders, meeting all requirements, with the ability to purchase units in regulated managed investment schemes that own interests in one or more racehorses (“racehorse ownership schemes”), to register for and purchase tickets to unitholder-only hospitality events, and to purchase related products, such as branded apparel and accessories. Users browsing the Website do not need to register to access general information about our services and products, but must register and create an account in order to purchase units in racehorse ownership schemes and otherwise access and use our online event scheduler and merchandise store. If you choose to register for the Website, you agree to provide true, accurate, and complete information about yourself as prompted by the registration form.

The App is not capable of use without logging in with Website credentials or the creation of a new account. Once logged into a valid account through the App, you will be able to purchase units in racehorse ownership schemes and otherwise access and use our online event scheduler and merchandise store. If you choose to create an account to use the App, you agree to provide true, accurate, and complete information about yourself as prompted by the registration form.

Intellectual Property Rights

MUSTR Racing owns the copyright and other intellectual property rights in the content of the Service except where otherwise stated. You are welcome to browse, share and print the content for your personal, non-commercial or internal business use provided the portion of the Service being used is not altered or made available in a manner that modifies the content of the Service or presents the portion of the Service being reproduced in a false light. The permission to share and print does not allow for incorporation of any substantial portion of the Service in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes. Should you need to use, copy or reproduce any part of the Service for any other purpose then you must obtain our written permission. Any trademarks appearing on the Service belong to their respective owners.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of units, goods and/or services, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient Legal Age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Service or for any other service offered on or through the Service, the latter terms shall control with respect to your use of that portion of the Service or the specific service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.

MUSTR Racing’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Service should be construed to alter such agreements.

MUSTR Racing may make changes to any products or services offered on the Service, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Service with respect to products and services may be out of date, and MUSTR Racing makes no commitment to update the materials on the Service with respect to such products and services.

Accounts, Passwords and Security

Certain features or services offered on or through the Service may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify MUSTR Racing immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by MUSTR Racing or any other user of or visitor to the Service due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

You may be held liable for losses incurred by MUSTR Racing or any of its licensors or affiliates due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s login credentials or account at any time without the express permission and consent of the holder of that account. MUSTR Racing cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Use of Service

Subject to your performance of all of the provisions of this Agreement MUSTR Racing hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the Service solely as provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with MUSTR Racing. Your right to use the Service is not transferable. You will use the Service in accordance with all applicable laws. MUSTR Racing may, without notice, terminate your access to the Service or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect MUSTR Racing’s networks, information and the security and integrity of the Website and/or our servers and networks and/or App or if we determine that you are misusing the Service or otherwise violating the terms of this Agreement.

Conditions of Use

You agree to not use the Service to:

  1. Interfere with or disrupt the App, Website or servers or networks connected to the App and/or Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  2. Violate any applicable local, state, national or international law, or any regulations having the force of law;
  3. Provide false information about yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. Harvest or collect email addresses or other contact information from the Service by electronic or other means for any purpose, including, but not limited to, the purposes of sending unsolicited emails or other unsolicited communications;
  5. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  6. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or
  7. Cause any third party to engage in the restricted activities above.

Transactions

If you are using the Service to purchase units in horse shared ownership companies, tickets to unitholder-only hospitality events or related apparel, and accessories, you agree to pay the amounts charged for such purchases (“Charges”). You are responsible for all Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. Charges may be facilitated through a third-party payment processing service (“Processor”) which MUSTR Racing may replace without prior notice to you. Currently, credit card transactions on the Service are processed by Westpac Banking Corporation and are subject to their applicable terms of service and privacy policies.

If a monthly direct debit fails on the initial attempt, a second debit will be attempted automatically 48 hours later. If the second attempt fails, the customer has 30 days to rectify the non-payment, or else the units may be forfeited to MUSTR Racing (as Scheme manager).

Horse Information

MUSTR Racing:

  • promotes the offer of units in certain managed investment schemes of which it is the appointed manager and authorised representative (ASIC Rep Number 001284902) of the responsible entity, Sire Custodians Ltd ABN 45 005 088 371 (AFSL 223671) and which hold, or propose to acquire, specified interests in racehorses to offer units in the relevant scheme via the Website and the App; and
  • provides you with tools to locate a racehorse ownership scheme meeting your criteria, including a product disclosure statement (PDS) issued by the responsible entity of the relevant racehorse ownership scheme in compliance with the Corporations Act 2001.

It is important to note that MUSTR Racing does not own the units that are being sold in the racehorse ownership schemes and that users are acquiring the units from the responsible entity of the relevant racehorse ownership scheme.

MUSTR Racing does not make any recommendations for any particular racehorse (or the related racehorse ownership scheme) or endorse one racehorse over another.

Horse Management and Feedback

MUSTR Racing may or may not own a share of any of the horses that are listed on the Website or the App. In some cases, MUSTR Racing may acquire some or all of the units in any racehorse ownership scheme that are not taken up by users but makes no representation that it will do so.

Risks of Horse Racing

MUSTR Racing does not have or express any opinion on the value of the horses being offered by any racehorse ownership scheme. We are an exchange, providing tools to assist you in locating an investment in a racehorse ownership scheme. Horse racing ownership is risky. Horses are living, breathing, fragile animals and significant expenses are associated with their ownership and care. No guarantees can ever be made about the outcomes of a certain investment in a racehorse. Most investments lose money. Some break even, and a few are profitable, and a very few, are extremely profitable.

Disclaimers

YOUR USE OF THE SERVICE AND ANY ASSOCIATED PURCHASES, INCLUDING YOUR PURCHASE OF ANY UNITS IN RACEHORSE OWNERSHIP SCHEMES, IS AT YOUR SOLE RISK. THE SERVICE OFFERED BY MY RACEHORSE IS A MARKETPLACE FOR UNITS IN RACEHORSE OWNERSHIP SCHEMES ONLY AND IS NOT A HORSE OR INVESTMENT RECOMMENDATION SERVICE, HORSE OR INVESTMENT LOCATING SERVICE, INVESTMENT ADVISORY OR ANY OTHER SERVICE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MY RACEHORSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICE, UNITS IN RACEHORSE OWNERSHIP SCHEMES AND RELATED PRODUCTS WHICH MAY BE PURCHASED ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OF INVESTMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR THAT THE SERVICES PROVIDED BY MY RACEHORSE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND DO NOT PROMISE ANY SPECIFIC FINANCIAL PERFORMANCE OR RESULTS FROM USE OF THE SERVICE AND/OR THE PURCHASE OR ANY UNITS IN RACEHORSE OWNERSHIP SCHEMES AND RELATED PRODUCTS WHICH MAY BE PURCHASED ON THE SERVICE.

Privacy

MUSTR Racing’s Privacy Policy applies to use of the Service, and its terms are made a part of these Terms by this reference. To view MUSTR Racing’s Privacy Policy, click here. Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Service may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Third Party Links

Any links to third party sites, either on the Service or on other social media sites on which we maintain a presence, are provided for your convenience only and we are not responsible for their use, effect or content. If you access third party sites you acknowledge that you are subject to any terms and conditions which are imposed by those sites. We do not provide any warranty or assume responsibility about the accuracy, source, quality or fitness for purpose of any content on any third-party site. The inclusion of any link does not imply endorsement by MUSTR Racing of the website or a relationship with the organizations to which links are provided.

Exclusion of Liability

To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. If a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy or the imposition of any liability under the Australian Consumer Law except to the extent that we are permitted to limit our liability. Where our liability can be so limited then it is limited to, except in the case of a major failure, to our election between the remedies in the case of:

  • services, the cost of supplying the services again or payment of the costs of having the services supplied again; and
  • goods, the cost of replacing the goods, supplying goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

Indemnity

You will defend, indemnify, and hold MUSTR Racing including our affiliates, subsidiaries, parents, successors and assigns, and each of your respective officers, directors, employees, agents, or unitholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including legal costs on a solicitor and own client basis) relating to or arising out of your use of the Service or purchases of units in racehorse ownership schemes or related products, including: your breach of this Agreement; and/or any other activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Termination

You agree that MUSTR Racing, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service for any reason, including, without limitation, for lack of use or if MUSTR Racing believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. MUSTR Racing may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

General Terms

Entire Agreement

These Terms of Service constitute the entire agreement between you and MUSTR Racing and govern your use of the Service, superseding any prior agreements between you and MUSTR Racing with respect to the Service.

Applicable Law

These Terms and your use of the Service and/or any other social media sites on which we maintain a presence, are governed by the laws of Victoria, Australia. You must ensure that access to and use of the Service is in accordance with the laws of your jurisdiction.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment

You may not assign this Agreement without the prior written consent of MUSTR Racing, but MUSTR Racing may assign or transfer this Agreement, in whole or in part, without restriction.