TERMS & CONDITIONS

1. About these Terms

These Terms & Conditions apply to the TDA website, member portal, TDA Studbook, memberships, horse registrations and associated TDA services.

Thoroughbred Derivatives Australia (TDA) is operated by Kelly Ann Davis (ABN 18 543 022 130), trading under the registered business name Thoroughbred Derivatives Australia.

By purchasing a membership or service, submitting an application or registration, or otherwise using a service requiring acceptance of these Terms, you agree to these Terms.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.

2. TDA Studbook

TDA operates an independent registry for eligible Thoroughbred and Thoroughbred-derived horses.

Registration with TDA does not constitute registration with the Australian Stud Book, Racing Australia or another breed, racing or sporting organisation unless expressly stated.

3. TDA registration categories

TDA operates the following principal registration categories:

• Gold - Foundation Register: 100% Thoroughbred;
• Silver - Sport Register: minimum 50% Thoroughbred; and
• Bronze - Derivative Register: minimum 25% Thoroughbred.

Eligibility is determined according to TDA's published registration rules and the evidence accepted by TDA. TDA may publish more detailed eligibility and evidence requirements separately.

4. Foal and Horse registrations

Foal Registration applies during the horse's first year of life in accordance with TDA's published foaling-year rules.

Horse Registration applies to registrations made after the horse's first year of life.

Applicants are responsible for selecting the appropriate registration type and providing the information and evidence required.

5. Applicant responsibilities

Information submitted to TDA must be accurate and complete to the best of the applicant's knowledge.

A person must not knowingly provide false or misleading information; fabricate or alter evidence; misrepresent horse identity, ancestry or ownership; impersonate another person; claim ownership without authority; manipulate the registration process; or attempt to create fraudulent or duplicate registry records.

TDA may request further information before deciding an application.

6. Evidence and DNA

TDA may require evidence necessary to establish or verify horse identity, Thoroughbred ancestry, pedigree, parentage, ownership, breeding history or eligibility.

Evidence may include existing registration papers, pedigree records, DNA or parentage reports, microchip information, breeding records, photographs, ownership documents or other relevant documentation.

Submission of evidence does not guarantee that TDA will accept the evidence as sufficient.

7. Registration decisions

TDA may approve an application, decline an application, defer a decision, request further evidence, or determine the appropriate registration category based upon accepted evidence and TDA rules.

Registration is not final until applicable requirements and payment obligations have been completed.

8. Permanent registration numbers and upgrades

A horse's original TDA registration number forms part of its permanent registry identity.

An original registration number will not be reused for another horse.

Where a horse later qualifies for an upgraded category, TDA may issue or display an upgraded registration identifier while permanently retaining the original registration number and registration history.

9. Corrections and audit history

TDA is intended to operate as an auditable registry.

Where information needs correction, TDA may create a subsequent correction rather than deleting or rewriting the original historical event.

This may apply to registration category, registration status, Thoroughbred percentage, pedigree, ancestry, DNA verification, ownership, performance and certificates.

The corrected/current information may be displayed publicly while superseded information remains preserved internally for registry and audit purposes.

10. Ownership

Persons submitting ownership information must have authority to do so. TDA may require evidence before recording an ownership change.

A TDA ownership record is a registry record and does not, by itself, constitute a legal determination of title to a horse.

Where ownership is disputed, TDA may place a transfer or relevant registry process on hold while evidence is considered or the parties resolve the dispute.

11. Ownership transfers

Ownership transfers must be completed through the applicable TDA process.

TDA may require confirmation or evidence from the current owner, proposed owner or other relevant parties.

Previous ownership records may remain permanently preserved in the horse's registry history.

12. Breeders and stallion services

TDA may operate breeder registration, breeding records, service declarations, stallion listings and related services.

Participation may be subject to eligibility requirements, evidence requirements and fees.

A TDA breeder or stallion listing does not constitute a guarantee or endorsement of a breeder, stallion, horse or transaction.

13. Performance records

Members may submit eligible horse performance results.

TDA may require supporting evidence and may approve, decline or require correction of a result.

If an approved result is later corrected, the current corrected result should be the result displayed publicly, while the superseded result may remain preserved in the internal audit history.

14. Membership

A TDA website account and paid TDA Membership are not necessarily the same thing.

Membership begins once the applicable membership requirements and payment have been completed.

Membership types, duration, fees and benefits are those published by TDA at the time of purchase.

TDA may assign each member a unique membership number for identification and administrative purposes.

15. Family Membership

Family Membership covers up to two adults and their dependent children under 18 who ordinarily reside in the same household.

TDA may request information reasonably necessary to establish eligibility.

Family Membership does not permit unrelated individuals who do not form part of the same household to combine memberships for the purpose of obtaining a reduced membership fee.

16. Fees

Membership, registration, breeder, directory, certificate and other applicable fees will be displayed or advised before purchase.

Unless otherwise stated, prices are in Australian dollars (AUD).

TDA may withhold final processing until required payment has been received.

17. Refunds

Refund requests will be considered according to the service purchased, whether processing has commenced, whether the service has already been supplied, TDA's published refund arrangements, and applicable rights under Australian Consumer Law.

TDA is not required to provide a refund solely because a customer changes their mind where there is no legal entitlement to one.

Nothing in these Terms limits a consumer's rights to a refund or other remedy where required by Australian Consumer Law.

18. Certificates and cards

TDA may issue horse registration certificates, membership cards, breeder identification or certificates, replacement certificates, and other registry documents.

Documents may be issued digitally and may include a QR code or other verification mechanism linking to the TDA registry.

Where a certificate is replaced or reissued, previous certificate versions may remain permanently preserved within TDA's internal history.

The current TDA public registry record is the authoritative source for the current status of a registration.

19. Public horse profiles

Applicants acknowledge that registered horses may have publicly accessible TDA profiles.

Information displayed may include registration, identity, pedigree, verification, performance and progeny information.

TDA may provide a permanent public verification page and QR code associated with a registration.

20. User accounts

Users must keep login credentials secure, provide accurate information, not allow unauthorised use of their account, notify TDA of suspected unauthorised access, use TDA systems lawfully, and not attempt to interfere with the website, database or security systems.

21. Suspension and restriction

TDA may reasonably suspend or restrict an account, membership, application or registration where necessary to investigate suspected fraud or inaccurate information, protect Studbook integrity, investigate an ownership dispute, address non-payment, investigate a serious breach of these Terms, or comply with law.

A later reinstatement or correction does not necessarily delete the historical suspension event.

22. Registry integrity

TDA may take reasonable administrative action necessary to protect the accuracy and integrity of the Studbook.

This may include requesting evidence, correcting records, marking evidence inconclusive, suspending a record pending investigation or preserving historical records.

TDA will seek to distinguish between the current registry state and the historical audit record.

23. Intellectual property

The TDA name, branding, original website content, certificate designs, registry structure and other TDA-created materials are owned by or licensed to TDA unless otherwise stated.

Users retain rights they lawfully hold in information, documents and photographs they submit.

By submitting material for registry purposes, the user grants TDA permission to store, process, reproduce and display it to the extent reasonably necessary to operate and maintain the TDA Studbook and associated services.

The person submitting material is responsible for ensuring they have the right to provide it to TDA.

24. Third-party information

TDA may rely upon information supplied by owners, breeders, laboratories, other registries and other third parties.

Although TDA may verify information where appropriate, TDA cannot guarantee that every third-party statement or historical source is error-free.

25. No guarantee of horse quality

TDA registration confirms the registration information and status recorded by TDA in accordance with its rules and accepted evidence.

It is not a guarantee of health, soundness, fertility, temperament, genetic quality, athletic ability, suitability for a particular purpose, or commercial value.

Purchasers and other parties remain responsible for undertaking their own enquiries and obtaining appropriate veterinary or professional advice.

26. Limitation of liability

To the extent permitted by law, TDA is not responsible for loss caused solely by false or inaccurate information supplied by another person; unauthorised account activity caused by a user's failure to take reasonable care of account credentials; independent decisions made by third parties based upon registry information; or events outside TDA's reasonable control.

Nothing in this clause excludes or limits liability, consumer guarantees or other rights where doing so would be unlawful.

27. Complaints and disputes

Complaints should first be submitted directly to TDA.

TDA may request relevant supporting evidence and will seek to consider the matter fairly.

TDA may make an administrative determination for the purpose of maintaining its registry. Such a determination does not prevent a person from exercising legal rights available to them.

28. Privacy

TDA handles personal information in accordance with the TDA Privacy Policy and applicable law.

Users should read the Privacy Policy before submitting personal information.

29. Changes to these Terms

TDA may amend these Terms where reasonably necessary because of changes to TDA services, registry rules, technology or law.

The current Terms and last-updated date will be published on the website.

Changes will not be applied in a way that unlawfully removes existing consumer rights.

30. Governing law

These Terms are governed by the laws applicable in Western Australia, Australia, subject to any rights under applicable Commonwealth legislation.

31. Contact

Thoroughbred Derivatives Australia (TDA)Operated by Kelly Ann DavisABN 18 543 022 130York WA 6302, AustraliaEmail: thoroughbredderivatives@gmail.com