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QLD RACEHORSE OWNERS’ ASSOCIATION
OWNERS’ CARD GENERAL TERMS AND CONDITIONS

These Terms and Conditions form the basis of the Owners’ Card program.

    1.    Membership

1.1 Only individuals may be issued with an Owners’ Card and participate in the Owners’ Card program. Upon issue, the cardholder will automatically become a non-voting member of QROA. Membership is free.

1.2 All owners who are registered as owners with RISA of a thoroughbred racehorse that has been registered or raced in Queensland between 1 November 2006 and 31 December 2007 will receive an Owners’ Card where the trainer of the horse is located in Queensland. In addition, all new owners who have registered or will register a horse in Queensland after 31 December 2007 will receive a card. Accordingly, the Owners’ Card will be made available to the following people:        

  • sole owners (including lessees);
  • owners in partnership of between 2 and 10 people (including lessees);
  • syndicate managers; and
  • syndicate members in a syndicate of up to 20 people.
1.3 Owners’ Cards are unique to the individual to whom they are issued and the entitlements attach only to that card and not to any guests or other invitees of the member.

1.4 A member will be bound by these Terms and Conditions and the Owners’ Card Guide upon issue of the Owners’ Card.

1.5 A member is obliged to notify QROA of any change of address or of a lost or stolen membership card. Neither QROA nor any Participating Race Club is liable for any delay in replacing an Owners’ Card or for any unauthorised use of an Owners’ Card.

1.6 QROA may terminate a membership in the Owners’ Card program without notice for any reason including, without limitation, if the cardholder:
  • fails to comply with these membership Terms and Conditions or the Owners’ Card Guide; or
  • abuses any privilege accorded to the member under the Owners’ Card program.

1.7 A cardholder may terminate his or her membership in the Owners’ Card program at any time by giving written notice to QROA. On receiving a notice of termination from a member, the member's contact details will be noted on QROA’s Owners’ Card database as being closed, and after 12 months of non-card usage such contact details will be deleted from the Owners’ Card database.

1.8 Owners’ Cards are not credit or charge cards, are not transferable, and remain the property of Qld Racing.

    2.    Race Club Services

2.1 QROA reserves the right to make any changes at any time without prior notice to the services afforded to members by a Participating Race Club at QROA’s absolute discretion. QROA will attempt to notify members of any changes but shall not be liable in any way for failure to do so.

2.2 Each Participating Race Club has its own feature race meetings throughout the racing calendar and these are key opportunities for club members to derive their benefits of club membership. As a result, Participating Race Clubs may decide to vary or withdraw Owners’ Card entitlements on those feature days. QROA will notify members either as part of the Owners’ Card Guide or on the Owners’ Card website of the feature race meetings concerned. QROA will take all reasonable steps to minimise the number of days declared as features race meetings by the Participating Race Clubs but shall not be liable in any way for failure to change the Participating Race Club’s policy.

2.3 Each Participating Race Club has its own specific rules and regulations dealing with the occupation and use by patrons of its facilities, including (but without limitation) dress standards. While in occupation of these facilities, members will be subject to all Participating Race Club rules and regulations. Neither QROA nor any Participating Race Club will be liable for reasonable actions taken to ensure compliance with such rules and regulations, on any account whatsoever.

    3.    Owners’ Card Website

3.1 These terms and conditions apply to users of the Owners’ Card Website ("the Site"). By using the Site, you accept and agree to these terms.

3.2 Unless otherwise indicated, QROA owns all copyright in the material on the Owners’ Card Website. All registered or unregistered trade marks used on the Owners’ Card Website are the property of their respective owners. QROA authorises you to print, copy, reproduce, download and view materials on the Owners’ Card Website, subject to the material:

  • being used in the intended manner;
  • being used exclusively for non-commercial personal use; and
  • not being modified in any manner.

If you download material from the Owners’ Card website, it is licensed to you by QROA for non-commercial personal use only. You are expressly prohibited from licensing, selling, distributing, decompiling, reverse engineering or otherwise dealing with it.

3.3 You must not upload to, or distribute or publish through, the Owners’ Card Website any inappropriate communication in any form. Inappropriate communications include obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material.
Commercial use of the Owners’ Card Website is strictly prohibited.
By uploading materials to the Owners’ Card Website, you grant QROA a non-exclusive, royalty free, perpetual licence to use, modify, reproduce, distribute or otherwise deal with the uploaded material in any manner which QROA deems appropriate. In addition, you agree to waive all "moral rights" in those materials.

3.4 The Privacy Policy will also apply to members' use of the Owners’ Card Website. Although QROA has implemented security measures in relation to information uploaded to the Owners’ Card Website, you acknowledge that the internet is inherently insecure and that QROA will not be responsible for any breach of security or unintended loss or disclosure of information in relation to the Owners’ Card Website. QROA also collects information on the times and ways the Owners’ Card Website is used. This information will be used for the purposes outlined in the Privacy Policy and to improve the operation of the Owners’ Card Website.

3.5 While QROA updates Owners’ Card Website regularly, QROA makes no representation as to the accuracy, currency or completeness of any information or services at the Owners’ Card Website. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk.
All information and services at the Owners’ Card Website are provided on an "as is" basis. To the fullest extent permitted by the applicable law, QROA excludes all terms, conditions and representations, express or implied. Any liability of QROA under these terms and conditions, under any other provisions that by law cannot be excluded or that are not otherwise excluded under this clause is, where permitted by law, limited at the option of QROA to the resupply of the relevant information or services. In no event will QROA be liable for any consequential or indirect loss incurred by you in relation to use of the Owners’ Card Website.

3.6 One of the services that the Owners’ Card Website provides is access to other sites on the internet via hyperlinks located on the Owners’ Card Website ("Linked Sites"). QROA is not responsible for the accuracy, legality, decency of material or copyright compliance of any Linked Site or services or information provided via any Linked Site.

    4.    Governing Law

4.1 These terms and conditions will be constructed according to and are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts in and of Queensland in relation to any dispute arising under these terms and conditions.

    5.    General

5.1 QROA reserves the right to make any changes at any time without prior notice (and at QROA’s absolute discretion) to these Terms and Conditions or to any entitlements attaching to the Owners’ Cards. QROA will attempt to notify members of any changes but shall not be liable in any way for failure to do so.

5.2 The Privacy Policy issued by QROA forms part of these Terms and Conditions, but shall prevail over these Terms and Conditions if they are inconsistent in any respect. QROA will not purport to alter the Privacy Policy except after giving written notification to members and giving members who do not wish to be bound by the changed Policy the opportunity to withdraw from Owners’ Card program.

5.3 Information concerning members will be held on a database maintained for the benefit of QROA by RISA ("the Owners’ Card Database").
The Owners’ Card database contains member information including:

  • name, address & telephone number(s)
  • e-mail address
  • date of birth.

Subject to the Privacy Policy, information from the Owners’ Card database will be made available to agents involved in administering the Owners’ Card program including a telephone service centre, agents producing cards and a data processing agent as well as QROA and its agents. Information from the Owners’ Card database will also be made available to and used by QROA, its agents, Participating Race Clubs and Owners’ Card program sponsors for marketing (direct and all other kinds), planning, product development, research and other commercial purposes.

Unless notified in writing by a member to QROA to the contrary, each member consents and agrees to:

  • the provision of the above information to QROA and authorises QROA to seek access to the information contained in it;
  • the disclosure of information from each Participating Race Club and Owners’ Card program sponsor to QROA and/or its agents for the purposes set out above and authorises QROA, and its agents, to seek access to information from each Participating Race Club and Owners’ Card program sponsor as set out above; and
  • the disclosure of any information contained in the Owners’ Card database by QROA or its agents to each of QROA its agents the Participating Race Clubs and the Owners’ Card program sponsors for the purposes referred to above.

5.4 QROA reserves the right to suspend or terminate the Owners’ Card program at any time without prior notice. QROA will not be liable for the suspension or termination of the Owners’ Card program on any account whatsoever.

5.5 All conditions and warranties, whether express or implied and whether arising under statute or otherwise, as to the condition, suitability, quality, fitness or safety of services supplied under the Owners’ Card program are expressly excluded to the full extent permitted by law. Any liability QROA, Qld Racing, RISA or the Participating Race Clubs may have to a member under statute in respect of such services which cannot be excluded is limited, where permitted, to supplying, or paying the cost of supplying services again.

5.6 Participating Race Clubs and Owners’ Card program sponsors do not have any authority, express or implied, to make any representation, warranty or statement on behalf of QROA and QROA accepts no liability in respect of such representations, warranties or statements.

5.7 A notice shall be deemed to be given by QROA to a member if it is sent to the postal or email address of the member appearing in Owners’ Card database.

5.8 In these Terms and Conditions:

  • “cardholder” or “member” means an individual who is eligible to receive an Owners’ Card and to participate in the Owners’ Card program;
  • “Owners’ Card Guide” means the guide of features and benefits attaching to the Owners’ Card, details of which are maintained on the Owners’ Card website from time to time;
  • “Owners’ Card program sponsors” means the parties who provide consideration to QROA for the right to participate in the Owners’ Card program and to conduct marketing and promotional activities for the benefit of cardholders;
  • “Owners’ Card Website” means the internet website www.ownerscard.com.au which has been specifically established for the purpose of administering the Owners’ Card program and providing information to cardholders;
  • “Privacy Policy” means the policy adopted by QROA for the purposes of the Owners’ Card program relating to the collection, security, quality, use and disclosure of personal information, full details of which are set out on the Owners’ Card Website;
  • “Qld Racing” means Queensland Racing Limited ACN 116 735 374;
  • “QROA” means Queensland Racehorse Owners’ Association Inc, an incorporated association in Queensland; and
  • “RISA” means Racing Information Services Australia Pty Ltd ACN 105 994 330.


 

        
The ANZ Queensland Owners Card is Managed for Queensland Racing Limited and the Queensland Racehorse Owners Association by Racing Information Services Australia (RISA)