access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;

interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;

introduce any viruses or other malicious software code into our Platform;

attempt to access any data or log into any server or account that you are not expressly authorised to access;

use our Platform to send unsolicited electronic messages;

use data mining, robots, scraping or other data gathering and extraction tools on our Platform; or

access or use our Platform to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

keep your information up-to-date (and ensure it remains true, accurate and complete);

keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

supply our Services to you (for example, to enable you to access and use our Services), and otherwise perform our obligations under these Terms;

diagnose problems with our Services;

improve, develop and protect our Services;

send you information we think may be of interest to you based on your marketing preferences;

perform analytics for the purpose of remedying bugs or issues with our Platform; or

perform our obligations under these Terms (as reasonably required).

the integrity of Your Data on your systems, networks or any device controlled by you; and

backing up Your Data.

any aspect of the interactions between Owners and Buyers, including in relation to any Offers and Offer Listings

your use of any template documents we make available on our Platform;

your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or

any use of our Services by a person or entity other than you.

neither we or you are liable for any Consequential Loss;

a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;

(where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any Membership Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, or if you do not have a Membership, to AU$1,000.

you fail to pay your Membership Fees when they are due;

you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

you breach these Terms and that breach cannot be remedied; or

you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors' schemes of arrangement).

we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

we breach these Terms and that breach cannot be remedied, and

we will retain Your Data (including copies) as required by law or regulatory requirements;

for Owners, their existing Offer Listings will be removed and any purchased Offers not yet provided will be cancelled (and Buyers will be refunded accordingly); and

for Buyers, their purchased Offers not yet provided will be honoured unless it is a requirement of the relevant Offer that Buyers are active users of our Platform (in which case a refund will be at the discretion of Owners or the terms of the relevant Offer Listing (if any)).

where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or

where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

payment of the Breeder Nomination Fee;

payment of the Incentive Contribution by the Stallion Owner;

compliance with these terms and conditions;

compliance with the Eminent Equine Platform terms and conditions; and

agreement of the applicable Competing Owner to any Event terms and conditions.

have been sired based on a registered breeding contract through the Eminent Equine Platform while the stallion had active profiles on the Eminent Equine Platform;

the Stallion Owner must have elected to participate in the Stallion Incentive program and met any other requirements in these terms;

the foal must be nominated on the Eminent Equine Platform by 30 June immediately following the Breeding Season, or late fees apply;

be 4 years old (and not older or younger) to participate in the 4YO Competition;

be 5 years old (and not older or younger) to participate in the 5YO Competition;

complete all required entry documentation; and

the foal must be nominated on the Eminent Equine Platform and the applicable Breeder Nomination Fee must be paid in full by the relevant due date by the Breeder or Competing Owner in accordance with the Commercial Details.

Each Event is a game of skill. The Winner(s) will be selected based on the Winner Selection criteria in the Commercial Details schedule, as assessed by us (or any third party we appoint) in accordance with the criteria set out in the Winner Selection details of these terms and conditions or as notified to Event participants prior to the Event.

Our decision in respect of the selection of the Winner is final, and we will not enter into correspondence with Stallion Owners, Breeders or Competing Owners regarding that decision.

You are responsible for all expenses incurred in entering and participating in the Event and accessing, claiming and/or using the Prize Allocation funds.

Your entitlement to receive a Prize Allocation is conditional on the relevant Stallion Owner, Breeder or Competing Owner having fulfilled their obligations under the Stallion Incentive program Terms. If another party relating to the Eligible Progeny is in breach of the Stallion Incentive program Terms, it will result in a reduction of, or forfeiture of, the Prize Pool, and we will not be liable to you for any resulting shortfall in your Prize Allocation.

Any Eligible Progeny that places at an Event (including 1st, 2nd and 3rd place, or any adjusted placing under the Minimum Competitor Adjustments clause) may be subject to drug testing prior to the payment of any Prize Allocation to the relevant Competing Owner, Breeder or Stallion Owner.

Drug testing will be conducted in accordance with the rules of the applicable governing body set out in Attachment A, or as otherwise determined by us in our reasonable discretion.

Payment of the Prize Allocation to the relevant parties will be withheld pending the outcome of any drug test. The 90-day payment period set out in the Commercial Details will not commence until we have received a satisfactory drug test result for the relevant Eligible Progeny.

If an Eligible Progeny returns a positive drug test result or is otherwise found to have been administered a prohibited substance in connection with an Event, that Eligible Progeny will be disqualified from the relevant Event and the applicable Prize Allocation will be forfeited and dealt with in accordance with the Prize Forfeiture clause.

We will not be liable for any delay in payment of the Prize Allocation arising from the conduct of drug testing under this clause.

Two competitors: Competing Owner Allocation:

One competitor: Competing Owner Allocation: 1st place Eligible Progeny: 100%, paid to the Competing Owner of that horse.

follow all reasonable directions given by us or our representatives during the Event, including any rules for tasks that we provide to you;

comply with all applicable laws and any safety requirements notified to you;

respect all other Stallion Owners, Breeders and Competing Owners; and

provide us with all necessary information and cooperation required for your participation.

organise and operate the Event ourselves or through subcontractors engaged in accordance with clause 21; or

work with the relevant governing body to facilitate the distribution of the applicable Prize Pool at an existing event operated by that governing body.

Stallion Incentive prize money must be claimed by the relevant Competing Owner, Breeder, or Stallion Owner within 90 days of the date of the relevant Event (Redemption Date), in accordance with any claim instructions provided by us at the time of the event.

Any prize money not claimed by the Redemption Date will be deemed forfeited. We may, in our absolute discretion, redistribute forfeited prize money to the next eligible placing at the relevant Event, retain it as part of the 5YO Competition Prize Pool, or otherwise apply it in accordance with the Stallion Incentive programme.

If, for whatever reason, the Event cannot proceed as planned, we may in our sole discretion either:

If the options in clause 14(a) are not reasonably practicable within the same calendar year, the relevant Prize Pool will be held on trust and distributed at an additional Event in the following calendar year, at which the same cohort of Eligible Progeny remain eligible to compete, notwithstanding that those horses will be older than the applicable Competition Year age at that time.

Where we postpone the Event in accordance with this clause, we will notify you of the new Event date as soon as reasonably practicable.

Where we cancel (and do not reschedule) the Event in accordance with this clause, we will:

All Incentive Contributions and Breeder Nomination Fees will be deposited into a bank account and held on trust for the benefit of eligible participants until distributed in accordance with clause 5.

We are entitled to deduct the Our Fees from the Incentive Contributions and Breeder Nomination Fees prior to those funds forming part of the Prize Pool.

We will not apply funds held in theIncentive Contributions and Breeder Nomination Fees account for any purpose other than distribution in accordance with clause 5 and in accordance with this clause.

You must pay the Breeder Nomination Fee in accordance with our invoice using the payment methods set out in our invoice or through the Eminent Equine Platform if available.

operate the 4YO Competition and 5YO Competition at the relevant times, but will not accept registration of additional Eligible Progeny or accept payment of further Breeder Nomination Fees; or

refund the Breeder Nomination Fees to you.

neither party will be liable for any Consequential Loss;

a party's liability for any Liability under these terms and conditions will be reduced proportionately to the extent that the relevant Liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; and

our aggregate liability for any Liability arising from or in connection with these terms and conditions will be limited to the Breeder Nomination Fees paid by you.

Incentive program Contribution;

Breeder Nomination Fee; and

Administration Fee.

4YO Competition means the Events for the Breeding Season cohort year in which Eligible Progeny compete as four (4) year olds.

5YO Competition means the Events for the Breeding Season cohort year in which Eligible Progeny compete as five (5) year olds.

Administration Fees means the percentage of the Stallion Incentive program Contributions and Breeder Nomination Fees retained by us for administrative costs.

Administration Fees means the percentage of the Stallion Incentive program Contributions and Breeder Nomination Fees retained by us for administrative costs.

Breeder means the owner of the mare that parented the relevant Eligible Progeny at the time the breeding was documented on the Eminent Equine Platform.

Breeding Season means each annual breeding season from September to February as determined by us.

Competing Owner means the registered owner of an Eligible Progeny at the date of the relevant Event.

Consequential Loss means any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Eligible Progeny means a horse that is the offspring of a breeding documented on the Eminent Equine Platform, between an active subscribed sire and a mare on the Eminent Equine Platform, and that is eligible to compete under the Stallion Incentive program at four (4) or five (5) years of age.

Eminent Equine Platform means the web platform at https://eminentequine.com.au/.

Event means the competition events as set out in the Commercial Details schedule.

Event Fees include the fees we reasonably incur hosting and operating an Event as set out in the Commercial Details.

Late Nomination means a nomination for progeny to participate in the Stallion Incentive submitted after the close of nominations for the relevant Breeding Season cohort, including late registration of a breeding contract on the Eminent Equine Platform or where the Breeder Nomination Fee is not paid on time in accordance with the Commercial Details.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these terms and conditions or otherwise.

Prize Pool means the total Incentive Program Contributions and Breeder Nomination Fees collected from stallion owners for a given Breeding Season cohort, less Our Fees.

Incentive Contribution means the contribution to the Stallion Incentive program made by Stallion Owners as set out in the Commercial Details schedule.

Stallion Listing Fees means the fees charged by the Stallion Owner for breeding or related services, as originally listed and arranged through the Eminent Equine Platform prior to application of any discounts, reductions or promotional pricing.

Winner means the Eligible Progeny selected based on the Winner Selection criteria.

The rules for each Competition Discipline will be those adopted by the following governing bodies: