This Spicer Thoroughbreds website, located at spicerthoroughbreds.com.au ("the Website"), is owned and operated by Spicer Thoroughbreds. Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as "Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Spicer Thoroughbreds reserves the right to amend the Terms of Use at any time. Since you are bound by the Terms of Use, you should periodically refer to them in this document and elsewhere on the Website.

Intellectual property and restrictions on use of content on the Website

The intellectual property rights (including copyright) in all information, text, material, graphics, software and advertisements on the Website ("Content") are owned and/or controlled by Spicer Thoroughbreds, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by Spicer Thoroughbreds or the relevant third party owner or rights holder. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may, using an industry-standard Web browser, download and view the Content for your personal, non-commercial use. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Spicer Thoroughbreds or any other party or which is prohibited by the Terms of Use. Nothing contained on the Website should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of Spicer Thoroughbreds, the relevant third-party owner or rights holder.

You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Spicer Thoroughbreds or any other party or which is prohibited by the Terms of Use. Nothing contained on the Website should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of Spicer Thoroughbreds, the relevant third-party owner or rights holder.

Communications Facilities

The Website may contain communication facilities which provide for interaction between users and Spicer Thoroughbreds, the Website and real-time interaction between users means electronic bulletin boards, chat rooms, forums and other electronic messaging and notice services ("Communication Facilities").

It is a condition of your use of any Communication Facilities and your access to the Website that you do not do any of the following:

• restrict or inhibit any other user from using or enjoying any Communication Facility;
• post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
• post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
• post or transmit any material of any kind which contains a virus or other harmful component;
• post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
• delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
• download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

Spicer Thoroughbreds may from time to time monitor or review the contents of its Communication Facilities. While Spicer Thoroughbreds reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Spicer Thoroughbreds's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Spicer Thoroughbreds has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Spicer Thoroughbreds responsible for any contents in any Communication Facilities. You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

Spicer Thoroughbreds reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Spicer Thoroughbreds' rights in your Interactive Participation

When using the Website you may choose to participate in interactive games and activities or place information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication) ("your Interactive Participation"). By participating in such activities, you agree that Spicer Thoroughbreds is the owner of all rights (including copyright) throughout the world in your Interactive Participation and results and proceeds of your Interactive Participation. To the extent necessary, You assign to Spicer Thoroughbreds all proprietary rights (including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide) throughout the world in your Interactive Participation and the results and proceeds of your Interactive Participation for the full period of copyright and all renewals and extensions of the period of copyright (and this assignment will operate to the extent necessary as a present assignment of future copyright). Subject to the privacy policy Spicer Thoroughbreds has the unfettered right to deal with your Interactive Participation and the results and proceeds of your Interactive Participation in any way that it thinks fit and you agree that the your Interactive Participation and the results and proceeds of your Interactive Participant may be exhibited or otherwise exploited in any way (and such exploitation may include the exploitation of all allied and ancillary rights therein) in all media and formats (whether now known or hereafter invented) throughout the world for the full period of copyright and all renewals revivals and extensions thereof and after that so far as may be possible in perpetuity. You agree not to make any claim of any kind against Spicer Thoroughbreds or its assigns for any remuneration in respect of the exploitation of such rights.

You expressly waive in favour of Spicer Thoroughbreds and any other party authorised by Spicer Thoroughbreds all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of your Interactive Participation. For the purposes of those jurisdictions in which moral rights cannot be waived you expressly consent to all acts and omissions described in these Terms of Use with respect to any relevant communication or other material described in these Terms of Use. At the request and expense of Spicer Thoroughbreds, you will execute and deliver to Spicer Thoroughbreds such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, links to third party websites and e-commerce offers The Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Spicer Thoroughbreds, and Spicer Thoroughbreds is not responsible for the contents of any linked web or any hyperlink contained in a linked website. Spicer Thoroughbreds provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Spicer Thoroughbreds or its Affiliates. You link to any such website entirely at your own risk.

The Website also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Spicer Thoroughbreds or its related corporations or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Spicer Thoroughbreds, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

Disclaimer and limitation of liability

Other than with respect to rights and remedies that may be conferred upon you according to the Trade Practices Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) in relation to the provision by Spicer Thoroughbreds of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"), Spicer Thoroughbreds excludes all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) Spicer Thoroughbreds and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Spicer Thoroughbreds does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) Spicer Thoroughbreds does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Spicer Thoroughbreds) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content. Under no circumstances (including but not limited to any act or omission on the part of Spicer Thoroughbreds) will Spicer Thoroughbreds or any related corporation or their respective directors or employees be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Spicer Thoroughbreds does not exert control over users of the Website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, Spicer Thoroughbreds's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Spicer Thoroughbreds to the following:

• in the case of services supplied or offered by Spicer Thoroughbreds, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
• in the case of goods supplied or offered by Spicer Thoroughbreds, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by Spicer Thoroughbreds, and Spicer Thoroughbreds may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all Spicer Thoroughbreds disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

Spicer Thoroughbreds relies on your continued observance of these Terms of Use. If Spicer Thoroughbreds suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Spicer Thoroughbreds for those losses, damages and costs.

The terms of this agreement apply to the full extent possible in relation to the supply by Spicer Thoroughbreds of any content or services for a wireless application protocol service ("WAP service"), a short messaging service for mobile phone users ("SMS service") and personal digital assistant service ("PDA service").

This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.