Terms and conditions

Terms and Conditions

Your Agreement to these Terms

The Way2Bet website www.way2bet.com.au (the “Site”) is operated by Way2Bet Pty Ltd ACN 128 078 437 (“Way2Bet”). The following terms, together with the Way2Bet Privacy Statement, and any other terms and conditions contained on the Site, constitute Way2Bet’s terms and conditions for the use of the Site by all persons (together, the “Terms”), regardless of whether or not they are or become a registered user of any of the services offered on or within the Site.

Please read the Terms carefully. It is a condition of use and continued access of the Site that you accept and comply with the Terms, as amended from time to time. You shall be deemed to accept the Terms by your continued use of and access to the Site. You are solely responsible for your use of the Site. If you are under 18 years of age, you must obtain a parent/guardian’s consent prior to using this Site.

We may amend the Terms from time to time. Amendments will be effective upon inclusion on the Site in the Terms. Your continued use of the Site following our amendment of the Terms will represent your agreement to be bound by the Terms as amended.

Your Use of the Site

The information contained on this Site, whether provided by Way2Bet or by a third party content provider, is general information provided to users in their personal capacity. Unless otherwise noted, all content and material including stories, images, and pages within the Site is copyright © 2007-2010 Way2Bet. The content and material on the Site may not be copied, reproduced, varied, sold, resold or otherwise commercially exploited in whole or in part without the express permission of the owner. All trade marks, brands, images and names appearing on this Site are the intellectual property of their respective owners.

Way2Bet grants you a limited, revocable and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to: (i) frame or enclose the Site within any other site; (ii) create any derivative works based on the Site or its content; (iii) use any meta tags or any other “hidden text” utilising our name or trade marks; (iv) use software robots, crawlers or similar data gathering tools or take any other action that may impose an unreasonable burden on our infrastructure; or (v) create any links from any other website to this Site or to any content, including, without limitation, any deep links.

You must not:

• use the Site for any activities, or post or transmit to or via the Site any information or materials, which breach any laws or regulations, infringe any third party rights, or are contrary to any relevant standards or codes;

• use the Site in a way, or post or transmit to or via the Site any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or inhibits or restricts any other user from using or enjoying the Site;

• use the Site to send unsolicited electronic mail messages to anyone;

• use the Site to make any fraudulent, misleading or deceptive enquiries or transactions;

• use the personal information of another person in order to access or use the Site, without the prior consent of such other person;

• post, or transmit via the Site any obscene, indecent, inflammatory or pornographic material or any other material that could give rise to civil or criminal proceedings;

• tamper with, hinder the operation of or make unauthorised modifications to the Site;

• knowingly transmit any bug, virus or other disabling feature to or through the Site; or

• attempt any of the above acts or permit another person to do any of the above acts.

Way2Bet makes no guarantee of availability of the services accessed on or via this Site, and will not be held responsible for data loss or interruption of service of any kind. The Site may be unavailable at times due to reasons within or beyond our control, and your access to the Site is at our sole discretion. We may revoke your access at any time, or limit, modify or discontinue services with or without notice, without liability to you or any other user or third party. While we aim to provide users with access to the Site on a 24 hours a day, seven days a week basis, we cannot guarantee this. To the extent permitted by law, we provide no warranty that the Site will be fault or error free.

Disclaimer of Liability and Indemnity

While Way2Bet takes reasonable care in the preparation of its content, to the extent permitted by law we accept no responsibility in relation to the information displayed on the Site, and we do not warrant its accuracy or completeness.

To the extent permitted by law:

(a) Way2Bet provides no warranties of any kind, express or implied; and

(b) Way2Bet shall not be liable to you or any other person for direct, indirect or consequential losses, damages, or costs suffered,

in relation to any of the information on this Site.

You agree that the use of this Site is at your sole risk. To the extent permitted by law, Way2Bet does not accept any liability for financial loss or misadventure caused by the information and/or services provided on this Site. Any monetary investment based on information displayed on this Site is at the sole discretion and risk of the user.

Way2Bet shall not be responsible for the content or behaviour of any other site accessed via this Site. Way2Bet does not accept responsibility or liability for the content appearing on any other sites, and nor do we endorse or regulate the content of other sites to which we provide a hyperlink. Links to other sites are provided for convenience only, and are not an endorsement of any product or service.

Your participation, dealings with, and interest in, bodies, promotions, services or providers of goods and services found on or via the Site are, unless explicitly stated, solely between you and those parties. To the extent permitted by law, we will not be responsible for any loss or damage suffered by you as a result of such dealings.

You indemnify Way2Bet and its officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to your use of the Site.

Premium Services

If you enter a transaction to purchase any information or content through the Site, you agree to be bound by and to pay for that transaction. You are responsible for and agree to pay the total price, which may include taxes, fees, and shipping costs. All sales are final.

Upon receipt by us of the total price:

(a) We will supply the content via the delivery method specified in relation to that content.

(b) You are licensed to use the content in accordance with all of these Terms. You do not receive ownership of the content.

We may offer a number of ways of paying for information or content via this Site from time to time, including PayPal, credit cards, or funds transfer services. By selecting any given payment method, you warrant that you are authorised to use that payment method, and you will comply with the terms and conditions applicable to it. You authorise us to charge you the total price via that payment method.

We may provide your personal information to third parties if we consider it necessary to verify your identity or creditworthiness, to prevent financial loss, or to assist in the enforcement of laws. We may cancel any transaction if we believe the transaction violates these Terms, or we believe that doing so may prevent financial loss.

If you believe that your personal information has been used for an unauthorized transaction, please notify us immediately so that we may take action to prevent financial loss. You are responsible for and agree to reimburse us for all costs and any related expenses that were caused by or arising out of payments that you authorized or accepted. Way2Bet may offer refunds where required by law. You agree that no refund may be claimed unless the claim is submitted to us within 30 days after the relevant charge was incurred by you.

To the extent permitted by law, neither Way2Bet nor any of its officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you through use of the Site, any failure to provide the Site, or in connection with any products, services or information supplied, offered to be supplied or advertised on or via the Site.

Where any condition, warranty or right is implied by law and cannot be excluded, subject to the qualifications in section 68A of the Trade Practices Act 1974 or in any other law, our liability is limited: (a) in the case of goods supplied, to any one or more of the following (as we may determine): (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; (iv) the payment of the costs of having the goods repaired; and (b) in the case of services supplied, to one of the following (as we may determine): (i) the supplying of the services again; (ii) the payment of the costs of having the services supplied again.

General

© 2008: This Site contains NSW racing information, including fields and form, which is subject to copyright and which is owned by Racing NSW and other parties working with it. The NSW racing information was compiled and produced by Australian Associated Press and is subject to copyright.

We are in no way associated or affiliated with any professional sporting body such as the AFL, NRL, NBL, PGA, ACB, ATP, WTA, IOC, AOC, NBA, NFL or any other professional sporting body referred to on the Site.

Way2Bet supports responsible gambling. If gambling is problem for you or someone you know please contact the relevant State based gambling help services. Never bet more than you can afford to lose.

The Terms are governed by the laws of the Australian Capital Territory, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

If any part of these Terms is held to be invalid or unenforceable, the validity of the remaining portion is to remain in full effect as if these Terms had been drafted with the invalid or unenforceable portion eliminated.

If you have any questions about the Site or the Terms, please contact feedback@way2bet.com.au.