Betting Mate Terms & Conditions of Use
Introduction
1. If you use the Services in any way, you do so on the basis of these terms and conditions.
2. Prior to using the Services, you will be given the choice of expressly accepting or rejecting these terms and conditions. If you accept them, you may use the Services. If you reject them, you will not be able to use the Services.
Web Browsing
3. In addition to clause 1, and notwithstanding clause 2, all persons who browse or use the Website in any way do so on the basis of these terms and conditions which you impliedly accept by browsing or using the Website in this way.
Subscribing, the Services and Fees
4. If you are accepted as a Subscriber in the manner set out in clause 5, then in consideration for the payment of the Fees by you, Bettingmate will provide you with the Services for the Term.
5. To become a Subscriber:
5.1 You must be 18 years of age or older and must, if requested by Bettingmate, provide proof to Bettingmate's satisfaction of your identification and age;
5.2 You must apply by completing the application form made available on the Website, and which must specify a registered email address;
5.3 Your application must be acceptable to Bettingmate, in relation to which Bettingmate retains a full discretion to accept or reject;
5.4 You must pay, and Bettingmate must receive, the Fees; and
5.5 As soon as practicable after you become a Subscriber, Bettingmate will provide you with a membership number and password for the purpose of accessing any restricted areas on the Website.
Bettingmate Acknowledgements
6. Bettingmate acknowledges and agrees that:
6.1 It takes all reasonable steps to ensure that the Information is accurate and up to date, subject to these terms and conditions;
6.2 Privacy Policy - It will use its best endeavours:
6.2.1 to keep all personal and billing information that is identifiable to you confidential and protected by security measures; and
6.2.2 not disclose that information (in a way that makes the information identifiable by you) to anyone else without your consent unless required to do so by law,
but Bettingmate does not warrant and cannot ensure the security of any information which you transmit to Bettingmate and any such information is transmitted at your own risk;
6.3 During the Term it will deliver a Newsletter to you at least once per week in respect of each round of 8 Fixtures, and prior to the first Fixture of that round; and
6.4 You have a licence to use, download, store and print the Information and the Services for your own personal use.
Limits on Your Use of Information
7. You acknowledge and agree that:
7.1 You are 18 years of age or older, and that Bettingmate enters into these terms and conditions on the basis of this representation by you;
7.2 You must notify Bettingmate of any change to your registered email address;
7.3 You are solely responsible for keeping confidential, and agree to keep confidential, your membership number and password;
7.4 You will not allow any other person to use your membership number and password;
7.5 You will not forward any Newsletter or Information, or otherwise make a Newsletter or Information available to, any other person;
7.6 The Fees constitute full consideration for the provision of the Services and that Bettingmate has not provided you with any relevant inducement to use the Services;
7.7 You will not use any Newsletter or Information for any unlawful purpose, including for a purpose related in any way to unauthorised betting on one or more sporting events;
7.8 You will not use any Newsletter or Information for any commercial purpose or venture, whether or not in competition with Bettingmate; and
7.9 You must not incorporate any Newsletter or Information, or any other part of the Services, into any services provided by you.
Bettingmate does not give Advice or Accept Bets
8. You acknowledge and agree that:
8.1 Bettingmate cannot and does not give you any recommendations or advice, whether express or implied, as to any probabilities or contingencies related to placing bets on AFL football;
8.2 Bettingmate cannot and does not encourage or induce persons to place bets on any sporting event, including AFL football;
8.3 Bettingmate cannot and does not provide any warranties or make any representations concerning the probability of your generating a return from placing bets on AFL football;
8.4 Bettingmate cannot and does not accept bets from any person; and
8.5 Bettingmate cannot and does not represent or warrant that your use of the Services is appropriate or suits your needs.
The Information, the Website and Other Websites
9. You acknowledge and agree that:
9.1 Bettingmate does not warrant the accuracy, adequacy, completeness or appropriateness of the Information;
9.2 Bettingmate may vary or delete or add to the Information at any time by posting it on the Website or by sending an email to you;
9.3 The Information is factual only and is sourced from third parties, and that Bettingmate does not endorse it and disclaims responsibility for it;
9.4 To the extent that the Information includes opinions or views of third parties, clause 9.3 applies equally to those opinions or views;
9.5 Bettingmate does not warrant that the operation of the Services will be uninterrupted or that the Services is virus free or error free;
9.6 Bettingmate is not responsible for the content of, and does not endorse and disclaims responsibility for, the content of advertisements appearing on the Website;
9.7 The Website may contain hyperlinks and pointers to other websites and that Bettingmate does not endorse and disclaims responsibility for any information or other hyperlinks contained in these websites;
9.8 Bettingmate provides the hyperlinks and pointers to other websites simply for your convenience and does not endorse and disclaims responsibility for them;
9.9 You access these other websites at your own risk; and
9.10 It is for you to decide whether these other websites should be relied on.
Assignment
10. You acknowledge and agree that:
10.1 You cannot assign your obligations, rights or interests under these terms and conditions; and
10.2 Bettingmate can assign or novate its obligations, rights and interests under these terms and conditions at any time.
Termination for Breach
11. You acknowledge and agree that Bettingmate may terminate these terms and conditions by notice in writing to your registered email address if it is satisfied, acting reasonably, that:
11.1 Any express or implied representation you made to Bettingmate, including by accepting these terms and conditions, was untrue;
11.2 You otherwise breach these terms and conditions.
12. Refund Policy - If Bettingmate terminates these terms and conditions in accordance with clause 11 then:
12.1 The Term ends and Bettingmate will not and will not be required to provide the Services to you;
12.2 You cease as a Subscriber;
12.3 You will not be entitled to any refund of Fees paid to Bettingmate unless Bettingmate, in its absolute discretion, otherwise agrees; and
12.4 Clauses 13 to 21 continue to bind you and Bettingmate.
Recovering Lost Revenue
13. If Bettingmate loses revenue as a consequence of any matter which would give rise to a right on the part of Bettingmate to terminate these terms and conditions in accordance with clause 11, then whether or not Bettingmate does terminate these terms and conditions, you acknowledge and agree that:
13.1 You must pay to Bettingmate on demand:
13.1.1 Bettingmate's lost revenue;
13.1.2 Bettingmate's costs of discovering its loss and the extent of it;
13.1.3 Bettingmate's costs of recovering the revenue; and
13.1.4 Interest on any amount owing under this clause;
13.2 Bettingmate is not obliged to recover or pursue lost revenue prior to you paying to Bettingmate the amount of the lost revenue; and
13.3 Bettingmate has the right to audit you at your cost to determine the extent of its loss.
Bettingmate is not Responsible for Your Breaches – Your Indemnify Bettingmate
14. You indemnify Bettingmate in relation to any cost, loss, liability, or damage which you or any third party suffers:
14.1 As a result of you making any express or implied misrepresentations to Bettingmate; or
14.2 As a result of you breaching these terms and conditions in some other way.
15. You indemnify Bettingmate in relation to any cost, loss, liability or damage which Bettingmate incurs as a result of your use of the Services.
Bettingmate's Liability is Limited
16. You acknowledge and agree that if Bettingmate is prohibited by law from excluding all implied warranties and conditions, then Bettingmate's liability will be limited to returning the Fees paid by you in relation to the most recent Term.
17. You acknowledge and agree that:
17.1 To the extent that Bettingmate is not prohibited by law from limiting its liability, then its liability is limited in the same manner as provided under clause 16, including in respect of any liability that arises as a consequence of Bettingmate's negligence;
17.2 Bettingmate's liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the Fees paid by you in relation to the most recent Term; and
17.3 Bettingmate is not responsible in any way for any cost, loss, liability or damage which arises directly or indirectly from a problem that occurs by any virus infecting the Services.
Intellectual Property Rights
18. You acknowledge and agree that:
18.1 Bettingmate remains the owner of all of its interest in the know-how and intellectual property (including text, graphics, images, logos, icons, sound recordings and software) that resides in the Information and the Services;
18.2 You are licensed to use the Services for the sole purpose set out in clause 6.4;
18.3 You get no property right or other interest whatever in the Information or the Services, and no ownership in the copyright in the Information or the Services; and
18.4 Information procured from a third party may be the subject of copyright owned by that third party.
Jurisdiction
19. These terms and conditions are governed by and are to be read and interpreted according to the laws of Victoria. Each of Bettingmate and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You must not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.
Termination of Service
20. Should Bettingmate determine that it will no longer provide its weekly Newsletter to its Subscriber after the completion of Round 6, then Bettingmate will refund all the Subscribers monies in full.
Definitions and Interpretation
21. In these terms and conditions:
21.1 'AFL' means the Australian Football League ACN 004 155 211;
21.2 'Bet' includes any form of wager or outlay, or contribution to a pool of money, in the hope or expectation of a return on that wager, outlay or contribution;
21.3 'Bettingmate' means Bettingmate Pty Ltd ACN 128 061 745, its agents, employees, officers, successors and advisers and 'we', 'our' and 'us' have a corresponding meaning;
21.4 'Fees' means the fees charged by Bettingmate in respect of the Services, as published by Bettingmate from time to time on the Website;
21.5 'Fixture' means a match scheduled and conducted by the AFL, including home and away fixtures and finals fixtures but excluding exhibition fixtures and pre season fixtures;
21.6 'Information' means all information provided by Bettingmate or made available by Bettingmate on its Website or in the Newsletter or otherwise in the course of providing the Services;
21.7 'Last Fixture' means the final Fixture in a calendar year;
21.8 'Newsletter' means the newsletter which Bettingmate publishes each week during the Term in respect of the next occurring round of Fixtures;
21.9 'Services' means the following services provided by Bettingmate:
21.9.1 making the Website available to Subscribers;
21.9.2 providing the Newsletter to Subscribers; and
21.9.3 all correspondence and communications between Bettingmate and its Subscribers, prospective Subscribers and former Subscribers;
21.10 'Term' means the period beginning on the day after which Bettingmate accepts your application under clause 5 and ending on the earlier day of:
21.10.1 the next occurring Last Fixture; and
21.10.2 the date on which the Subscriber ceases as a Subscriber in accordance with these terms and conditions;
21.11 'Website' means the website from which Bettingmate conducts it business, including the URL address "www.bettingmate.com.au"
21.12 the singular includes the plural and vice versa; and
21.13 a reference to currency is a reference to Australian dollars.
22. You acknowledge and agree that each of these definitions has the same meaning wherever they appear on the Website.
23. You acknowledge and agree that Bettingmate may amend these terms and conditions in any manner its sees fit by posting the amended terms and conditions on the Website.
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