General Terms and Conditions
Last Updated: January 09, 2019
Welcome to our Site. These are our terms for use of the Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones and apps. These Terms & Conditions (terms) apply whenever you access the Site, regardless of how you access the Site.
Use of this site
- The Publisher, as set out at the end of these terms (Punters), is the owner and operator of this Site.
- Each user of this Site (User or you) agrees to be bound by these terms. Your use of and access to this Site indicates your acceptance of and agreement with these terms, as they exist at the time of use.
- Punters may amend these terms at any time by posting changes on the Site. If you use the Site (other than to review the amended terms) you will be deemed to have accepted the new terms. News will include on the Site the date on which it last made amendments to these terms.
Content and functionality of the site
- Punters may alter, suspend or discontinue the Site and/or its functionality and/or the content made available through the Site at any time, with or without notice to Users, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions, Punters will not be liable to any User or to any third party should it exercise such rights.
- In some circumstances the Site will allow Users to access and download certain content onto your device(s). Some such content may not be available at all times in the future for subsequent download and Punters will have no liability to you in such circumstances subject to the remainder of these terms.
- All intellectual property in relation to content on this Site belongs to Punters or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
- The logos of the Site are trademarks of Punters or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
Liability & Indemnity
- Punters does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. Punters otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply.:
- a) Punters does not warrant the accuracy of the content which you access through this Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at News’ sole discretion and without notice.
- b) Punters will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
- c) Punters does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or any content which ought to be accessible through the Site, or that Punters or the server that makes it available, are free of viruses or bugs.
- Where permitted under local law, including the ACL, liability of Punters, for any breach of a term or condition implied by law is limited at Punters’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, Punters cannot limit its liability in this manner if you establish that it would not be fair or reasonable for Punters to do so.
Third Party Content & Links
- This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
- This Site may include links to third party sites which are not related to Punters and in relation to which Punters has no control or interest. The appearance of those links on this Site does not indicate any relationship between Punters and that third party or any endorsement by Punters of that third party, its site or the products or services which it is advertising.
- When you submit content to News in any format, including any text, photographs, graphics, video or audio, you grant News a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, using the details you have provided to us, as the author/provider of that content.
- Punters reserves the right not to use the content you submit.
- You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
- You indemnify Punters against any and all legal fees, damages and other expenses that may be incurred by Punters as a result of a breach of the above warranty.
- You waive any moral rights in your contribution for the purposes of its submission to and use by Punters in accordance with these terms.
- Users must not use this site for any purpose or in any way which is unlawful.
- These terms shall be governed by and interpreted in accordance with the laws of Victoria, Australia.
- By “Site” we mean the features and services we make available, including through our website at www.punters.com.au, odds.com.au and any other website branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our branded apps; and (c) other media, devices or networks now existing or later developed.
- WARNING: GAMBLING INVOKES RISK. For the avoidance of doubt, we are not responsible for your gambling losses. Any monetary investment based on information displayed on the site (or affiliated sites) is at the risk of the investor.
- All information relating to race fields, including horse numbers, scratchings, odds and statistics should be checked with an official source.
- Use of this website is restricted to users that are 18 years or older.
- If anyone brings a claim against us related to your actions or your content on Site, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
If you use our service to facilitate a bet placement with your bookmaker account, the following terms apply:
- We do not accept responsibility or liability of any kind for any loss resulting from the incorrect or non-operation of any feature(s) within our Punters Quick Bet.
- It is your responsibility to make sure that your access to our Quick Bet, and your access to and use of the information available from it is not illegal or prohibited by any laws which may apply to you.
- We advise you to take your own precautions to ensure that the process that you have in place for accessing the Quick Bet does not expose your computer system the risk of damage from viruses, malicious computer code or other forms of interference. We do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of our Web Site or any linked Web Site.
- You will be required to enter your betting agency’s login details to utilise the Quick Bet. Raw password information is never stored by Punters.
- Upon logging into the betting agency through the Quick Bet a Session ID is generated by that betting agency. This Session ID is then used to place your wagers via the third party that facilitates bets via the Quick Bet.
- When placing your wagers we do not make any representations or warranties for any errors or delays that may occur in data transmission or that the information will be uninterrupted or timely, for example a request or submission that has ‘timed out’.
- Whilst this site provides information and odds from Betting Agencies in good faith, it cannot be held responsible for any errors or omissions on the site as we are entirely reliant on the accuracy of information from third party sources, namely the Betting Agencies.
- The responsibility lies with the end user to ensure that they are satisfied that the Odds they have selected and the value of the wager are correct.
- We do not accept responsibility or liability of any kind for any loss resulting from any action taken or not taken, or your reliance on any information or material that is posted on or available from our Site.
- Your access to the Punters Quick Bet only allows you access to the betting agencies that we currently have available. We reserve the right to add or remove any betting agencies without notice.
- We accept no responsibility for any wager that may be placed and that you acknowledge that there is no assurance of the acceptance or accuracy of any wager in respect of any race placed through our website.
- We accept no responsibility for information shared by you publicly or privately on the website using Quick Bet, including any errors or omissions with shared information. You must take responsibility to ensure that your bet sharing settings are appropriate for your circumstances.
- The acceptance of all bets received by Quick Bet is at the sole discretion of the relevant third party wagering operator.
- You are responsible for ensuring that all persons who have access to QuickBet through your internet connection or equipment are aware of these Terms, and that they comply with them.
You may also want to review the following documents:
- Website Terms and Conditions: Access to, and use of this website is subject to these terms and conditions.
- Payment Terms: These additional terms apply to all payments made on or through The Website.
- Tipping Terms: These additional terms apply to all statistics, tipping and horse racing information.
- Comment Terms: These additional terms apply to all comments made on The Website.