Access to, and use of, www.bettingpro.com.au
, any mobile version of this website (the Website), or any app relating to the Website (each an App), is subject to these Terms and Conditions.
The Website and the App are owned by New World Gaming Limited (New World Gaming Limited is also referred to in these Terms as us and we) and operates under a licence granted by the Norfolk Island Gaming Authority.
) and to use the information it contains to make informed decisions.
(a) You must not use the Website or an App if you are under 18.
(b) You must not use the Website/App unless you are an Australian resident. If you are not an Australian resident, you use the Website/App at your own risk and we may terminate your access to the Website/App at any time without giving you prior notice. It is your responsibility to ensure that, by accessing the Website or an App, you are in full compliance with the laws of your jurisdiction. U.S. citizens and residents are explicitly prohibited from using the Website and App.
(c) For the avoidance of doubt, we are not a gambling operator and we do not accept bets. We are not an agent for any gambling operator and we are not your agent either. Any betting transaction you make after visiting the Website or using an App will be with a third party wagering operator and not with us and is at your sole risk. If you open an account with a third party wagering operator after visiting the Website or an App, we may receive a payment from this operator in respect of each bet you place using their service. You agree that you have no entitlement to this payment.
(d) Our Website and Apps will, from time to time, provide you with the opportunity to open an account with one or more of our third party wagering operator partners. This is subject always to the agreement of the wagering operator and, if you do open an account with any of our third party wagering operator partners, the operation of this account will be subject to a contract between the relevant wagering operator and you.
(e) The Website and Apps display information relating to racing and sports events, including horse numbers, scratchings and statistics. The Website and Apps also display information and advertisements relating to:
(i) promotions and/or specials; and
offered by third party wagering operators. You should not rely on this information. You should check this information with an official source, for example, you should check the website of a wagering operator for information relating to odds and promotions offered by that wagering operator.
(f) While we take care in displaying information on the Website and the App, we accept no responsibility nor do we warrant the accuracy of the information displayed on the Website or the App.
(g) The Website/App does not provide live streaming of sport or racing. We use our best endeavours to ensure that we do not provide links to any website which uses streams which are unlicensed or illegal. If you are concerned that our Website/App contains any links to a website which provides live streaming which is unlicensed or illegal, please contact us at firstname.lastname@example.org.
2. Sharing Your Content and Information
(a) By "Content" we mean any comments, information, reviews, images, articles and tips you post on the Website and the App. You have the option of posting Content on the Website and the Apps:
directly, by logging into the Website and the Apps (this option is available only if you have an account with us); or
indirectly, by logging into the Website via Facebook and posting Content in this way. You acknowledge that we have no control of the way in which this Content will appear on Facebook. You should check your Facebook settings to determine how this Content will appear on Facebook. You own all of the Content you post on the Website and the App. By using the Website/App, you agree to the following as well as the Commenting Terms (which are available here: http://www.bettingpro.com.au/information/commenting-ts-cs/
(iii) We can remove any Content you post on the Website/Apps if we believe that it violates these Terms or the Commenting Terms.
(iv) You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content, for example, photos or any comments, you post on the Website or an App.
(v) When you upload Content onto the Website or an App, you do so at your own risk. You acknowledge that, once you upload Content onto a publicly accessible website such as the Website or onto an App, you no longer have control over who will see this content and/or what they will do with it. The Website and the App are accessible to the general public and we cannot control how any third party will use your Content.
(vi) You are able to delete Content you upload to the Website, however, you acknowledge that any Content that you upload to the Website and then decide to delete from the Website may, after you have deleted this Content, persist in backup or cached copies of the Website. Additionally, and as set out above, third parties may have accessed and saved this Content prior to you deleting it.
We try to keep the Website and the App safe for all our users. By using the Website and the App, you agree to the following:
(i) You will not send or otherwise post unauthorized commercial communications to users (such as spam).
(ii) You will not collect users' information, or otherwise access the Website using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
(iii) You will not upload viruses or other malicious code.
(iv) You will not solicit login information or access an account belonging to someone else.
You will not facilitate or encourage any violations of these terms and conditions.
4. Registration and Account Security
You can use the Website/App without registering for an account. However, you can access certain parts or functionalities of the Website/App only if you hold an account with us. For example, you will not be permitted to post any Content to the Website unless you hold an account with us. If you hold an account with us, you agree to the following:
(a) You will not provide any false personal information on the Website, or create an account for anyone other than yourself.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. We are not responsible for any loss you may incur as result of a third party gaining access to your account. You are responsible for all use of your account.
You will not transfer your account to anyone without first getting our written permission. We may withhold this permission at our sole discretion.
(e) You will not have more than one active account without first getting our written permission. We may withhold this permission at our sole discretion.
5. Protecting Other People's Rights
(a) We respect other people's rights, and expect you to do the same.
(b) Without limiting the Commenting Terms and Conditions, if you infringe other people's intellectual property rights, or if we have a reasonable suspicion that you have infringed the intellectual property rights of any third party, we have the right to remove this Content immediately and to disable your account.
(c) If we removed your Content for infringing someone else's copyright and you believe we removed it by mistake, please contact us.
(d) You must not make copies of any other users’ photos or comments without our permission.
(e) You will not use our copyrights or trademarks or those of any third party wagering operator that appear on the Website/App.
6. About Advertisements on the Website and the Apps
(a) Our goal is to deliver ads that are not only valuable to advertisers, but also relevant to you.
(c) You acknowledge that we may not always distinguish between the content and/or information which an advertiser has paid us to display on the Website/Apps and content and/or information which our writers have posted.
(d) Third party wagering operators may advertise promotions or special offers on the Website/Apps. These advertisements and information relating to these promotions are provided to us by the third party wagering operator. We have no responsibility for these advertisements and you acknowledge that these promotions may be subject to further terms and conditions. You agree and acknowledge that it is your obligation to check the relevant third party wagering operator’s website to ensure that you have read and that you understand all the applicable terms. It is the responsibility of the relevant third party wagering operator to determine whether you qualify to receive any advertised benefit.
We can stop providing all or part of the Website/Apps to you if you do not comply with these terms or if we need to perform any updates or maintenance. We will generally try to notify you, but have no obligation to do so. You may also delete your account at any time by contacting us.
8. Governing law and disputes
(a) The laws of Australia will govern these Terms, as well as any claim that might arise between you and us. You agree to submit to the jurisdiction of Australian courts.
(b) You agree that, if you have any complaint relating to us and/or the Website/App, you will:
(i) first, send us your complaint in writing. You can contact us in writing via: email@example.com;
secondly, if, after fourteen days of sending us your complaint in writing, you remain dissatisfied, write to the Norfolk Island Gaming Authority and provide the Authority with details of this complaint. You can contact the Authority in writing by:
email: firstname.lastname@example.org; or
post: Norfolk Island Gaming Authority, PO Box 882, Norfolk Island 2899, South Pacific.
You agree that you will not initiate any proceeding in any court until the Authority has completed its complaints handling process and has informed you, in writing, that it has completed this process.
(a) SUBJECT TO AUSTRALIAN CONSUMER LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR MONETARY LOSS, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO AS RESULT OF THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
(b) WE TRY TO KEEP THE WEBSITE/APP UP, BUG-FREE, AND SAFE, BUT YOU USE THE WEBSITE/APP AT YOUR OWN RISK. SUBJECT ALWAYS TO AUSTRALIAN CONSUMER LAW, WE PROVIDE THE WEBSITE/APPS "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THIS SITE WILL BE SAFE OR SECURE.
(c) Without limiting clause (a) above and subject always to Australian Consumer Law, we are not responsible for any loss you suffer as result of your use of The Website, including any of the following:
(i) Any decision made by a third party wagering operator regarding your eligibility to receive any benefit advertised on the Website/App.
Any gambling losses you incur after visiting the Website or using an App.
Any losing bets you place after reading tips on the Website and/or an App.
(d) Subject always to Australian Consumer Law, our liability under these Terms shall not exceed AU $500.
(e) Nothing in these terms and conditions excludes or limits our liability for death or personal injury resulting from our negligence or fraud.
(f) You agree to indemnify and hold us, including our directors, officers, agents, employees, and any of the third parties that advertise on the Website/App and/or using our services, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of:
(i) your conduct;
your provision of Content; or
your violation of these Terms.
(a) We always appreciate your feedback or other suggestions about the Website/Apps, but you understand that we may use your feedback and suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
(c) If any part of these terms is found to be unenforceable, the remainder will remain in full force and effect.
(d) If we fail to enforce any of our rights under these Terms, this will not be considered a waiver of these rights.