General 

1.     Anyone accessing our website and other sites, such as our mobile, tablet and any future app versions (collectively the “Sites”) and using the services (the “Services”) offered by Funsport Enterprises Pty Ltd T/A From The Yard (“From The Yard”, “FTY”, “we”, “our”) must be of 18 years of age or above. 

2.     By accessing the Sites and the Services, you agree to the terms and conditions and privacy policy of From The Yard. 

Amendments to the Terms and Conditions 

1.     From time to time, we may update these terms and conditions and our privacy policy. We will publish the amended terms and conditions on our website, upon which they will become effective. We will also inform you of any amendments that materially impact you.

2.     If you continue to use our Services after the amended terms and conditions are published, you are agreeing to be bound by the amended terms and conditions. 

Purchases 

1.     We offer a choice of products related to horse racing meetings. 

2.     To commence as a customer of From The Yard, you will need to: 

3.     Be 18 years of age or older; 

4.     Provide a valid and operational email address; 

5.     Create an account and maintain a password for the website; 

6.     Choose a product as offered on the Sites; 

7.     Accept these terms and conditions at the time of becoming a customer. 

8.     Any product must be paid for in advance. 

9.     All products are for a specified date with no automatic renewal (“one-off purchases”);

10.  At the time of purchasing any product, we will email you confirmation of the product that you have purchased. 

11.  You are required to inform us if you wish to make any changes to your details such as requesting a refund, amending your payment details or changing your contact details. This can be completed via the customer login portal on the website or by contacting FTY directly.

12.  Further information regarding login and account services under the “About” section on the Sites.

Non-automatic renewal products (“one-off purchases”)

1.     This type of product will commence on the date of the order of purchase and conclude at the end of the date specified on the product. 

2.     It will be your responsibility to pay your purchase fee in order to continue receiving the Services. This can be done by purchasing a new product from the web-store.

Trials 

1.     We do not offer a trial period and any requests are purely at the discretion of From The Yard.

2.     From The Yard can cancel any trials for anyone deemed to be breaching these terms and conditions.

Pricing of the Services 

1.     The price of any individual product will be displayed at the time of purchase and by purchasing a product, you agree to pay the price as stated at the time of purchase. All prices are in Australian Dollars and inclusive of GST. Products are sold as individual meetings or dates of service only.

2.     From The Yard can amend the pricing schedule of present and upcoming products without notice. This will not affect existing purchases. 

3.     Prices are determined on a ‘per race’ basis. This rate may increase according to demand.

4.     Dates of service are limited in number. From The Yard may change the number of customers able to purchase an individual service at any time, and this number will be reflected and updated on the product information page.

5.     Should a meeting not be completed in full (abandoned due to weather, unforeseen circumstances resulting in cancellation of the meeting, inability of FTY to attend the meeting in full) a refund will be provided according to the number of races not completed.

Date of Service

1.     Information relating to your purchase including access to our services will be provided via email on race day after the release of final scratchings and prior to the commencement of the meeting.

2.     Any questions that arise on the date of the product, relating to use of the product should be directed to the guide emailed as part of your purchase, or to our website under “About”. Contact on the date of service will often be limited during the hours of the meeting. Every endeavour will be made to troubleshoot any problems or answer any questions on the day, but not at the expense of providing the service.

3.     We recommend any questions are submitted in the days leading up to the date of service.

Cancellation 

1.     You may cancel your purchase and request a refund up until the time when the product is emailed prior to the commencement of the race meeting. After this time the assumption is that the service has been provided and no refund is valid. Any refund from this point is at the discretion of From The Yard.

2.     We may cancel your purchase at any time if we contend that you have breached these terms and conditions. 

Refunds 

1.     There are no refunds offered on any services that have been completed.

2.     If you purchase a product by mistake and you notify us prior to the service being provided, we will refund your fee in full. Once the product has been emailed prior to the meeting, it is assumed the service has been provided.

Liability of From The Yard 

1.     Whilst we take all care in producing the information and content provided to our customers, we take no responsibility or liability as to any errors or inaccuracies in any of the content provided on our Sites. It is the purchaser’s responsibility to decide how to use the content produced by us. Past results and analysis do not determine future outcomes, and refunds will not be offered or entertained on the basis of any outcome.

2.     We promote responsible gambling and list the relevant contact information on the footer of our website. It is the purchaser’s responsibility to control their gambling activities. 

3.     There is no guarantee in the content produced by us. We are not responsible for any loss, damage or cost suffered by any of our subscribers. Any monetary investment made by a subscriber is done so on their own volition and at their own risk and we are not liable whatsoever arising from those actions. We will not offer and are not liable for any refunds or compensation to customers in relation to any monies lost. 

4.     We do not provide any financial advice as part of our Services. 

5.     If a person brings a claim against us in relation to the actions of a customer on our Sites, the customer will indemnify us from and against all damages incurred in relation that action.  

6.     If a customer and/or a person on behalf of a customer and/or any other person brings a claim against us in relation to any loss or damage suffered by a customer, the customer will indemnify us from and against all damages incurred in relation that action.  

Activity of customers 

1.     In using the Services and accessing the Sites, you agree to not undertake any acts that are deemed illegal or/or are prohibited by any laws that relating to the Services and/or are actions that we deem to be inappropriate including: 

2.     Any act that breaches the privacy of another person or otherwise breaches legislation in relation to privacy; 

3.     Conduct that would be considered to be illegal such as conduct that is defamatory, racist, threatening or conduct that would breach our network security; 

4.     Any act that would be deemed to either defame or libel either us or any other person or entity.  

Copyright and intellectual property rights

1.     All material and content on our Sites are copyright protected. 

2.     Your use of the content and material produced to you as part of your purchase does not grant you any rights, title or interest in the Sites and/or the material and content referenced therein. You do have a licence to access the Sites in accordance with your purchase. 

3.     You are not entitled to reproduce, copy or transmit any part of the Sites and/or the material and content referenced therein without written permission from us. 

Waiver

1.     The fact that we fail to do, or we are delayed in doing, something we are entitled to do under these terms and conditions, does not amount to a waiver of our right to do it. 

Invalidity and severability 

1.     If any part of these terms and conditions is found to be illegal, unenforceable or invalid, then that part is removed from these terms and conditions and the remaining provisions are not affected. 

Jurisdiction and governing law 

1.     Your use of the Sites and these terms and conditions are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of its courts. 

Last updated 9 October 2024