Website Terms of Use

Welcome to the website of Stridyl, Stridyl Pty Ltd, the Website Owner is Stridyl Pty LTD.

This website is located on the web via the domain www.stridyl.com and includes all of the files located in that domain (“this site”).

Purpose of Policy

• If you browse or otherwise access any content or data on the Stridyl.com platform (including its website, mobile site, apps and voice assistant products), you agree to be bound by these terms.
• If you are a Stridyl.com customer looking for the general terms and conditions applicable to your Stridyl.com subscriptions and other products, please click here http://www.stridyl.com/service-provider-terms-conditions/
• These Terms & Conditions form the basis on which you may access and use our platform, including its websites, any subdomains of those websites, mobile sites, apps, voice assistant products, APIs and widgets (together called “our platform” in these terms). For APIs and widgets, the additional terms of use at this link also apply.
• By using the Website, you agree to be bound by its Terms and Conditions, Privacy Policy and all other disclaimers and any other terms and conditions that appear elsewhere on the Stridyl.com Website.
• You should read these Terms and Conditions carefully before using the Stridyl.com Website.

General

• Stridyl, the owners of Stridyl.com, reserves the right to make changes to the Stridyl.com Website, its Terms and Conditions and legal notices at any time.
• Each time you use the Stridyl.com Website, you should visit and review the then current Terms and Conditions, legal notices and privacy policy that apply to your transactions and use of this Website.
• If you are dissatisfied with the Stridyl.com Website, its content or Terms and Conditions or legal notices or privacy policy, you agree that your sole and exclusive remedy is to discontinue using the Stridyl.com Website.
• Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
• We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
• Information on our platform and in any Stridyl.com publication should not be regarded as a substitute for professional legal, financial or Bloodstock advice.

Copyright

• The subject matter on and accessible from our platform and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, Stridyl grants visitors to the site permission to download copyright material only for private and non-commercial purposes.
• For reproduction or use of Stridyle.com copyright material beyond such use, written permission must be obtained directly from Stridyl or the relevant copyright owner.
• If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

Disclaimers and Limitation of Liability

• By using the Stridyl.com.au Website, you expressly agree that use of the Website is at your sole risk.
• The following clauses exclude or limit our liability for your use of the Website. They all apply so far as the law permits.
• The Stridyl.com Website is provided on an “as is” and “as available” basis. Neither Stridyl nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Stridyl.com Website will be uninterrupted or error-free.
• Neither Stridyl nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Stridyl.com Website or the products or services offered for sale on the Stridyl.com Website.
• Stridyl makes no representation that content provided on the Stridyl.com Website is applicable to, or appropriate for use in, locations outside of Australia.
• Stridyl and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose.
• No oral advice or written information given by Stridyl, or its Associates shall create a warranty.
• Under no circumstances shall Stridyl or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Stridyl.com Website, including but not limited to reliance by you on any information obtained from the Stridyl.com Website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance.
• The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Stridyl has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Stridyl.com Website.
• Under no circumstances shall Stridyl or its associates be liable for special, indirect, consequential or punitive damages as a result of use or misuse of the Products sold on Stridyl.com.
• If Stridyl.com suffers any loss or damage or incurs any costs whatsoever in connection with any breach of any of these Terms and Conditions or any other legal obligation then you agree to indemnify Stridyl.com for the losses, damages and costs it occurs as a result of your action (or failure to act) including Legal Costs on a Solicitor/Client indemnity basis.
• Where an Act of Parliament suggests any term, condition or warranty in the Terms & Conditions and does not allow for provisions in a contract for exclusion of liability, the liability of Stridyl will be limited. If the breach relates to purchased Product, STRIDYL may choose to replace the goods or supply the equivalent goods, pay the cost of replacing the goods or of acquiring equivalent goods or payment of the repair costs for the goods.

Third Party links and Advertising

• Our platform often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our platform of some of our Bloodstock/Syndication and Trainer customers. Those third-party websites do not form part of our platform and are not under the control of or the responsibility of Stridyl.
• When you link to third-party websites you leave our platform and do so entirely at your own risk. Striydl and its related entities make no warranty as to the accuracy or reliability of the information contained on any third-party websites, and Stridyl and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third-party websites. A display of advertising does not imply an endorsement or recommendation by Stridyl.

Third Party Content

• Our platform contains content provided to Stridyl by other parties (Third Party Content). Stridyl does not have a practice of monitoring or making inquiries about Third Party Content. Stridyl is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of Stridyl. You rely on Third Party Content completely at your own risk.

Editorial Content

• Any editorial content or articles on our site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you, or any other person and we recommend that you seek professional advice before acting on the content.
• For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above

Policy for Linking to Stridyl.com

• You may only link to content on our platform if we consent. If we do allow you to link to our platform, it is on condition that you do not:
  • attribute a link to Stridyl content as being a link to your own or someone else’s content (for example, use your own logo to link to our content);
  • attribute a link to our site and then link somewhere else;
  • frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors; or
  • link to our content as part of a website that competes with us in any manner.
• We reserve the right to require that you do not link to our content, and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.

Policy for Linking to Stridyl.com

• We grant you a limited, non-exclusive, non-transferable and revocable licence to use our Site and Services in accordance with our Terms.
• Stridyl retains all intellectual property rights including; our rights in the software and source code used, to provide the Site and Services.
• You may not adapt, reproduce, copy, store, distribute, publish or create derivative works from any part of the Site, or commercialise or on-sell any information obtained from the Site or our Services, without our prior written consent.
• Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.

Errors

• Prices and availability of products and services are subject to change without notice.
• Errors will be corrected where discovered, and Stridyl reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

Privacy Policy

• You agree that the use of our Website is subject to Stridyl’s Privacy Policy.

Force Majeure Events

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (“Force Majeure Event”).
• A Force Majeure Event means an event or circumstance beyond the reasonable control of a party and which could not have reasonably been foreseen including, but not limited to acts of god, acts of terrorism, war, riot, civil disorder, earthquake, floods, fire, extreme weather event, force of nature, or other reasons of a like nature, epidemic, pandemic, accident, strikes, lock-outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, or other contingencies the non-occurrence of which was a basic assumption on which these Terms and Conditions were made and which prevents or delays a party to these Terms and Conditions from performing their obligations, other than an obligation to pay money, where that event or circumstance:
  • has not resulted from the party claiming the Force Majeure Event breaching its obligations under this agreement; and
  • could not reasonably have been prevented, avoided, remedied or overcome by the party claiming the Force Majeure Event acting prudently and with reasonable care and diligence.
• Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.

Termination of Use

• Stridyl may, in its sole discretion, terminate your account or your use of the Stridyl.com Website at any time without giving any justification or explanation
• Stridyl.com has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
• You are personally liable for any orders that you place or charges that you incur prior to termination.
• Stridyl reserves the right to change, suspend or discontinue all or any aspects of the Stridyl.com Website at any time without prior notice.

Waiver

• Our failure or delay to exercise a power right does not operate as a waiver of that power or right.
• The exercise of a power or right does not preclude;
  • Its future exercise; or
  • The exercise of any other power or right.
• Our variation or waiver of a provision of these Terms and Conditions or consent to a departure from the Terns and Conditions will be ineffective unless in writing and executed by us.

Variation

• Stridyl reserves the right to make changes to the Stridyl.com Website, its Terms and Conditions and Legal Notices at any time.

Severability

• If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extend be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by the law.

Entire Agreement

• These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter.

Governing Law

• The laws applicable in New South Wales govern these Terms and Conditions and any dispute in connection with these Terms and Conditions.
• The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.