Terms & Conditions

Welcome to www.thetrialfiles.com ("The Trial Files" or “our website”), a website for Horse Racing information, analysis and tips. The website is owned and operated by The Trial Files registered with ABN 18 911 899 169.

This page (together with documents referred to on it) tells you the terms of use on which you may make use of our website, www.thetrialfiles.com (our site or ‘The Trial Files’), and associated products, services, vouchers, functionality and processes. Please read these terms of use carefully before you start to use our site or subscribe to it. By using, visiting or accessing our site, subscribing to our site, purchasing one of the products, services or vouchers via our site, you indicate that you have read, understood and accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you should refrain from using our site in any manner.

The Trial Files provides information and tips, and is not a gambling site or organisation, nor does it collect, process, transact or pay out bets of any kind.

ACCESS AND REGISTRATION

Access to our site is permitted on a temporary basis. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Access to subscriber only pages of our site is only available to current, approved and registered members only. Acceptance of such subscription is at our absolute discretion.

In order to participate as a member in the site, you will need to be a registered member, of 18 years age or more, and legally able to enter into contractual relations. We reserve the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. You understand and accept that we are unable to provide you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the site.

If you choose, or you are provided with, log-in details, a user identification name, password or any other piece of information as part of our security procedures (log-in information), you must treat such information as confidential and keep it secure, and you must not (a) disclose it to any third party; (b) store such log-in information in any form, whether encrypted or encoded or otherwise, in any location where such information could be copied, utilised or distributed by any other person, virus, software or any other third party; (c) allow or enable a third party to freely access our site via your log-in information. If you are aware of any unauthorised use of your log-in information, or if your log-in information has been compromised or known to a third party, you must immediately notify us. Notice provided by you in these circumstances does not release you from your responsibilities under these terms of use. We shall not be liable for any loss that you may incur as a result of someone else using your account or your password, either with or without your knowledge. We have the right to disable any log-in information, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

In the process of activating your account to become a registered member, you must provide personal information such as your name, email address and date of birth. You agree to provide accurate and complete information and to keep us updated of any changes thereto.

When using our site, you must comply with the provisions of our privacy policy

We may, in our absolute discretion, terminate your account at any time by sending you a notice by email to the email address provided during registration.

OUR LIABILITY

The advice, information and suggestions displayed via our site or otherwise, is provided via our site or as a result our site introductions, without any guarantees, conditions or warranties as to its accuracy, completeness, reliability, currency or fitness for purposes.

To the extent permitted by law, we, our directors and employees, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any member in connection with our site or the information advice services provided via our site (directly or indirectly) or in connection with the use, inability to use, or results of the use of our site or information services, any websites linked to it and any materials posted on or via it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss or interruption of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • loss of other economic advantage;
  • wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction and in the case of Australia to the extent permitted by the Trade Practices Act 1974 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in its sole discretion:

 

  • in the case of any goods supplied by us, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
  • in the case of any services provided by us, the supply of the services again or the payment of the cost of having the services supplied again.

 

You acknowledge that all information on The Trial Files is provided as is, and acting on information provided is done at your discretion. You are responsible for checking accuracy and validity of all information provided.  No guarantees are provided. You bear all risk for utilising any information provided by The Trial Files. At any time that you place a wager on a 3rd party site you are subject to their terms and conditions.

 

Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one thousand dollars (AUD$1,000.00) or the total amount of money paid by a member to The Trial Files in the six month period prior to the date of the claim (whichever is the lower).

 

You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our site, your registration with us, or any other services accessed via our site.

AUTOMATED PAYMENT AND SUBSCRIPTION

When you sign up for The Trial Files, the account with which you pay with will be charged, and also be automatically debited at the conclusion of your subscription period, in advance, for an automatic renewal of your existing subscription. Should you wish to not renew your subscription, it is your responsibility to advise us prior to the automated renewal and charge of your subscription, or cancel the automated payments yourself. If you fail to do so, we are not liable for any refunds associated with the automatic renewal of any of your subscriptions.

Refunds are not provided part of the way through a subscription period, although you can of course cancel your subscription at any time to avoid making any future payments.You will continue to receive the service you signed up until the end of the subscription period you paid for.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights (including, without limitation, trade marks and copyright) in our site, and in the material published on it (including, without limitation, its look and feel, brands (such as the “The Trial Files” brand), logos and trade marks, information, graphics, photographs, content, images, sounds, music, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

All information provided by The Trial Files is for your personal use only. You may not forward, onsell or share any information provided by The Trial Files. If you are in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Your account will be terminated and no refund will be provided. We also reserve the right to take further action.

If there is evidence that you may be in breach of these terms, we reserve the right to suspend your account while we conduct a full investigation.
 

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change content, features, specifications, prices or functionality at any time. If the need arises, we may suspend access to our site (including terminating your registration or restricting access), or close our site or your account indefinitely. We will not be liable to you or anyone else for doing so. Any of the material on, or via, our site may be out of date at any given time, and we are under no obligation to update such material.

PAST PERFORMANCE

On various pages through this website and associated sites, such as our Facebook pages, we provide past results. Please note that past performance is not necessarily indicative of future performance. As stated in these terms, we do not guarantee results or any information provided.

Also note that results are (unless otherwise specified at the time of delivering the tip, which will happen on occasion) recorded at Bet365 best odds. Members should be aware that they may be limited at this bookie and may need to place their bets elsewhere. In such an event, The Trial Files will endeavour to provide the best alternative/s to members when such advice is sought.

LINKING TO OUR SITE

You may link to our home page, provided you obtain our written consent us and you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

 

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to support@trialfiles.com

THIRD PARTY LINKS AND CONTENT

Where our site contains links or references to other sites, products, services and resources provided by third parties, these links and references are provided solely for your information and convenience only. We have no control over the contents of those sites, products, services or resources, and we accept no responsibility, nor provide any warranty for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).

 

Your linking to or from, or use of, these sites, products, services and resources is at your own risk. You should carefully review any terms and conditions and privacy policies of all off-website pages and other websites, or businesses that you visit or use. Links or other connections to these sites, products, services, resources and third parties do not imply any endorsement, referral guarantee or recommendation of the material on them or the products, services, advice or recommendations, or any association with their owners, operators and advertising material.

 

 

Whenever you make use of a feature that allows you to upload material to our site, such as via a feedback (rating) system, such material will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You will not take any actions that may undermine, disrupt or manipulate the integrity of any feedback (rating) system on our site or our content standards. Though we do not moderate, screen or edit such material, we reserve the right to amend or remove such content where we consider it to be illegal, false or misleading, defamatory, inappropriate, compromising of the integrity of any feedback (rating) system or otherwise in breach of our content standards.

 

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

 

We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. We always recommend all users of Internet ensure they have up to date virus checking software installed.

 

FORCE MAJEURE

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

VARIATIONS

We may revise or change these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. By continuing to use the site, you agree to be bound by such revisions and changes.

SEVERABILITY

If any provision in these terms of use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the reminder of these terms of use which will continue in full force and effect.

JURISDICTION AND APPLICABLE LAW

Our site is created and controlled by us in the State of Victoria, Australia. As such, the laws of the State of Victoria will govern these terms of use. By using our site you submit to the jurisdiction of the courts of Victoria and agree that any legal action will only be commenced in these forums. Our site is available only to people who can form legally binding contracts under applicable law.

YOUR JURISDICTION

Use of any information provided by The Trial Files in violation of the laws of your local jurisdiction is expressly prohibited. It is your responsbility to check applicable legislation. If you are unsure if you are in violation of any legislation by making use of any such material provided by The Trial Files, refrain from any such activity.

 

In addition, we do not currently accept subscribers from the following countries: Belgium, China, France, French Overseas Territories, Greece, Germany, Hong Kong, India, Indonesia, Israel, Italy, Macau, Netherlands, Norway, Pakistan, Philippines, Saudi Arabia, Singapore, Thailand, Turkey, United Arab Emirates, United States of America

 

REFUND POLICY

When you sign up for The Trial Files, the account with which you pay with will be charged, and also be automatically debited at the conclusion of your subscription period, in advance, for an automatic renewal of your existing subscription. Should you wish to not renew your subscription, it is your responsibility to advise us prior to the automated renewal and charge of your subscription, or cancel the automated payments yourself. If you fail to do so, we are not liable for any refunds associated with the automatic renewal of any of your subscriptions.

 

Refunds are not provided part of the way through a subscription period, although you can of course cancel your subscription at any time to avoid making any future payments.You will continue to receive the service you signed up until the end of the subscription period you paid for. If for whatever reason you did not at all receive the service (that being you have conclusive evidence that the service you signed up for was not communicated or sent to you) then you may be entitled for a refund, or a free extension of your service. This will be determined on a case by case basis and is at the discretion of The Trial Files.

 

Furthermore, if the net sum of results is negative during your time of subscription, you will be entitled to a full refund on your next subscription of the same package. Given members subscribe at different times, you have 72 hours after being billed to notify us of this losing month to be eligible of the refund.

 

Results will be calculated at the odds and stakes quoted in tips provided, and will be made available on the results page of The Trial Files - Results

 

YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact support@trialfiles.com

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