RACE WELL TERMS AND CONDITIONS

Status of these terms

1. These are the terms that apply to the Race Well App. Your use of the Race Well App may also be subject to the rules of the Apple App Store, or Google Play Store, or other third party terms, and you must comply with such rules and terms to the extent they are applicable to you.
2. When you download the Race Well App and use it, a contract is made between you and us on these terms.
3. Please read these terms in full before downloading and using the Race Well App. If you do not agree with any part of these terms, do not download or use the Race Well App.
4. You must only use the Race Well App from Australia or New Zealand, and you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

What this App does, and what it does not do

5. The Race Well App provides the prohibited status of medication brands according to the current regulations set by Greyhound Racing Authorities, in accordance with these terms. It is a general guide that is not a substitute for your own due diligence.
6. The Race Well App only provides brand information for medications available for purchase in Australia and New Zealand, and in no other jurisdiction.
7. The Race Well App does NOT contain information on, or that applies to, any dietary supplement unless the product is registered with the Australian Pesticides and Medicines Authority (APVMA) or the Australian Register of Therapeutic Goods (ARTG). The same applies to homeopathic products and other alternative medicines.
8. Dietary supplements which are not registered with the APVMA or ARTG may contain undisclosed ingredients or use alternate names for prohibited substances not listed. Unregistered products may not be quality controlled and may be contaminated with prohibited substances. Additionally, these products may not have been specifically tested in greyhounds or dogs therefore could pose a safety risk.
9. Several oral ‘nutritional’ supplement products however do exist, which are designed specifically for dogs and do not require APVMA registration due to their limited label claims. You should always contact your veterinarian for information regarding the safety and risks when using such products.
10. The use of any dietary supplement, or any other substance, for a racing greyhound is at your own risk.
11. If you can't find your medication on the Race Well App, this does NOT mean your product is safe to administer to a racing greyhound. Contact the appropriate racing authority to verify if it is permitted.
12. You are responsible for:
    • Correctly selecting the appropriate medication from the search results.
    • Reading the overall status of a brand search result.
    • Using the medication strictly as directed by the manufacturer.
    • Conducting new searches whenever regulations are updated.
    • Checking with racing authorities for any additional rules pertaining to medications.
13. The Race Well App does not:
    • Provide status of dietary supplements or other natural products.
    • Provide any form of health or medical advice or recommend treatment plans.
    • Endorse any substance or medication brand listed.
    • Make claims about substances not found in the database.
    • Reflect any disciplinary rules set by racing authorities beyond standard prohibitions.
14. Neither we nor the Race Well App is liable for any:
    • Errors, omissions, or inaccuracies in the Race Well App or its database.
    • Misuse of any substance or method.
    • Delays in updating the database with new regulations.
    • Delays in adding new ingredients, brands or formulations.
    • Incorrect entries made by the user during searches.
    • Failure to follow these terms and conditions or app instructions.
    • Failure to understand the limitations of this resource.
15. Accessing Race Well through any automated means like scripts or bots is strictly prohibited. Content cannot be collected via automated methods or used for developing, training or deploying any artificial intelligence tools.

Disclaimers

16. You acknowledge that a level playing field and animal welfare are paramount in greyhound racing.
17. The Race Well App is provided ‘as is’, and you must not rely on the Race Well App or any information provided through the Race Well App. The information provided through the Race Well App is based on manufacturer’s information and is a guide only.
18. Neither these terms, nor your use of the Race Well App, alter any obligation or requirement in any law, regulation, rule, guideline, or direction that applies to you as a greyhound racing industry participant or veterinary practitioner.
19. We do not endorse the use of any substance in the Race Well App or stand behind any information provided through the Race Well App (including withholding periods and detection times). You must independently perform due diligence on the use of any substance (including by carefully reviewing the NSW Greyhound Racing Rules) and seek professional advice if appropriate.
20. We are not responsible for any action, omission, or decision you take based on the Race Well App or the information in it, and your use of the Race Well App will not absolve you of any responsibility in connection with any action or charge that may brought against you in your capacity as a greyhound racing industry participant (under the NSW Greyhound Racing Rules, or otherwise).

Liability

21. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY RIGHTS YOU OR WE MAY HAVE UNDER APPLICABLE LAWS THAT CANNOT BE EXCLUDED OR LIMITED.
22. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR LOSS OF PROFITS) YOU SUFFER, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE OR ANY OTHER CAUSE OF ACTION, OR OTHERWISE, AS A RESULT OF USING OR ACCESSING THE RACE WELL APP, OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR FROM THE RACE WELL APP.
23. TO THE EXTENT PERMITTED BY LAW, IF WE ARE NOT PERMITTED BY APPLICABLE LAW TO EXCLUDE LIABILITY BUT WE ARE PERMITTED TO LIMIT OUR LIABILITY, OUR LIABILITY IS LIMITED, AT OUR OPTION, TO THE RESUPPLY OR A REFUND OF THE COST OF THE RELEVANT SERVICES.
24. If you downloaded the Race Well App from the Apple App Store, then in the event of any failure of the Race Well App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Race Well App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Race Well App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be as between you and us.
25. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT IF YOU BREACH CLAUSE 29 or 30, YOU WILL NOT BE LIABLE TO US FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR LOSS OF PROFITS) WE SUFFER, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE OR ANY OTHER CAUSE OF ACTION, OR OTHERWISE, AS A RESULT OF USING OR ACCESSING THE RACEWELL APP, OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR FROM THE RACE WELL APP.

Personal information & data

26. We do not intend to collect any personal information about you under these terms or in connection with your use of the Race Well App. But if we do, we will handle that personal information in accordance with our Privacy Statement available on our website.
27. You acknowledge that we may use aggregated, non-identifiable, data collected through the Race Well App, or derived from such data, for our own internal purposes including to make the Race Well App better.

Rights to use the Race Well App

28. You acknowledge that we (or our licensors) are the owners of the Race Well App and the information in the Race Well App.
29. We give you the non-transferable right to use the Race Well App, provided you are either (a) a greyhound racing industry participant in New South Wales (as defined in the Greyhound Racing Act 2017 (NSW)), or (b) a veterinary practitioner within the meaning of the Veterinary Practice Act 2003 (NSW), in accordance with these terms, and only for personal non-commercial purposes.
30. You must not:
    1. manipulate or alter the Race Well App, or any part of it;
    2. reverse engineer, or decompile, the Race Well App;
    3. copy, attempt to copy, or allow another person to copy the Race Well App, or any content or information in the Race Well App;
    4. interfere with the operation of the Race Well App;
    5. use the Race Well App in such a way that causes harm or loss to another person (including us); or
    6. use the Race Well App to do anything illegal, unethical, abusive, or inappropriate, or allow any other person to do those things.
31. In the event of any third party claim that the Race Well App infringes the IP rights of a third party, we, not you or Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such IP claim.
32. If you downloaded the Race Well App from Apple, then you may only use the Race Well App on Apple-branded products that you own or control and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions, except that the Race Well App may be accessed and used by other accounts associated with you via family sharing or volume purchasing.

Availability of the Race Well App

33. The Race Well App may not always be available. For example, we may need to take the Race Well App down or limit its functionality to maintain it or upgrade it. You agree, subject to any right or remedy you may have at law, that we have no responsibility for any down time or any loss that such down time may cause you.
34. We can suspend or terminate your access to the Race Well App if:
    1. we are required by law to do so;
    2. we reasonably believe you have contravened any applicable law, regulation, rule, or guideline;
    3. we discontinue the Race Well App generally;
    4. you unreasonably rely on the information in the Race Well App, having regard to the limitations and disclaimers in these terms;
    5. we reasonably believe you have not complied with these terms; or
    6. you do not provide us with information that we have reasonably requested.
35. If we suspend your access, and the reason for the suspension falls away, we will try our best to ensure that you can re-gain access if you want to.
36. You may stop using the Race Well App or delete it at any time.

Changes to the Race Well App and these terms

37. We may make changes to the Race Well App from time to time. These changes may include updates or making improvements or adding new features.
38. You should update the Race Well App when prompted to do so. If you do not, then the Race Well App may not be available to you or may not function as you may expect.
39. We may change these terms from time to time. But before we do, we will notify you through the Race Well App itself. If we reasonably believe that a change is unfavourable to you, we will give you at least 20 days’ notice (through the Race Well App) before the change takes effect. If we reasonably believe that a change is positive or neutral to you, we will give you at least 5 days’ notice (through the Race Well App) of the change.
40. You may stop using the Race Well App if you do not like any change we make to the Race Well App or these terms.  If you continue using the Race Well App after a change has come into effect, you will be taken to have accepted and agreed with the change.
41. Neither Apple nor Google have an obligation to maintain or support the Race Well App.

Getting in touch with us

42. We are responsible for the Race Well App and any claims you may have in respect of the Race Well App (not Apple, or Google).
43. If you have any questions or complaints about the Race Well App, or these terms, please contact us (not Apple or Google, or any other third party). Communications Manager, Level 1 230 Howick St, Bathurst, NSW 2795 or by email at communications@gwic.nsw.gov.au.

Other terms

44. Before taking any other action in connection with a genuine dispute under these terms, you and we will try to resolve any such dispute under these terms through discussion in the first instance.
45. If any part of these terms is invalid, unenforceable, or illegal then that term will be struck out and the remaining terms will remain in force.
46. If we do not act in relation to a breach by you or a right we have in these terms, this will not be treated as a waiver by us (and vice versa).
47. The law of New South Wales governs these terms, and the parties submit to the jurisdiction of the New South Wales courts.
48. We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms, and that, upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.

Meanings of words used in these Terms  

“Race Well App” means the application to which these terms relate.

“We, our, us” (and similar) mean us, the owners of the App; the Greyhound Welfare and Integrity Commission, a NSW Government agency.

“You, your” (and similar) mean you, the user of the App; a greyhound racing industry participant or veterinary practitioner.