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ThoroughBets Membership Terms and Conditions

  1. Introduction
    1. These Membership Terms and Conditions, together with our Privacy Policy, comprise the terms of a legal agreement between the person listed in the Registration Portal (you or your) and ThoroughBets Pty Ltd (ACN 631 475 753) (ThoroughBets, we, our or us) (collectively, the agreement) for the provision of horse betting and wagering tipping and recommendation services as further described on the Website (Services).
    2. You acknowledge that you have read, understood and agreed to be bound by the terms of this agreement. Your continued receipt of the Services from us constitutes your acceptance of this agreement. Please contact us at thoroughbets@gmail.com if you have any particular questions in relation to this agreement.
    3. Tipping services provider ThoroughBets is not a betting agency, bookmaker or exchange and we do not provide you with the ability or facilities to place bets or wager on horse races. We merely provide tips and recommendations to horse punters, horse racing enthusiasts and gamblers. Our Services and our role in providing you with access to, and use of, our Services on, or via, our Website should be construed strictly in this context only. A reference or link to a betting agency or bookmaker, on or via, our Website or on material provided as part of the Services, is provided for your information and convenience only.
  2. Changes
    1. We reserve the right to change any provision of this agreement in any way and we may, in our absolute discretion:
      1. add or remove any Services provided in connection with the agreement; or
      2. vary the Fees specified on our Website,
    2. by providing reasonable notice to you in writing or by otherwise posting it on our Website. If you do not agree to these changes, you may terminate the agreement in accordance with clause 14.1, no later than 14 days after the date you received written notice of the changes or the changes were posted on our Website.
  3. Subscription Term
    1. This agreement commences on the date you purchase a ThoroughBets Pass from our Website, and continues for the period as specified on the ThoroughBets Pass, unless terminated in accordance with clause 14 (Subscription Term).
  4. Registration and Account
    1. If you wish to use the Services you must create an account with us (Account) via the Registration Portal on the Website.
    2. Your Account will be operated by a unique username (Username) and password (Password) which Password you may change online at your convenience. The owner of the Account is solely responsible for the activity conducted on the Account. We may at any time request that the owner of the Account provide identification to verify their identity.
    3. In order to purchase a ThoroughBets Pass and otherwise access and use the Services on, or via, the Website, you must be over 18 years of age and legally able to enter into contractual relations. By purchasing ThoroughBets Pass or accessing or using the Services, you represent and warrant that you are over 18 years of age and able to enter into contracts. If you are not over 18 years of age, you should not access or use the Services. We reserve the right to ask for proof of age from you and your Account may be suspended until satisfactory proof of age is provided.
    4. In relation to your Account, you undertake that you will:
      1. not disclose your Username or Password to any third party and take reasonable measures to prevent disclosure of your Username or Password to any third parties. You are liable for all use of the Services using your Account, Username or Password. Please notify us immediately if you become aware that your Account, Username or Password is being used without authorisation or any other security breach relating to your Account, Username or Password;
      2. provide only accurate, complete registration information, and you will update that information if it changes. You will create only one account on the Registration Portal and you will remain responsible for anything that happens through your Account. All Personal Information as well as the information you provide to register, is subject to our Privacy Policy; and
      3. not impersonate another account holder or provide false identity information to gain access to the Website or use the Services.
    5. By purchasing a ThoroughBets Pass, you are granted a non-exclusive, personal, non-transferable and non-sub-licensable licence to use and access the Services on, or via, the Website for legitimate personal or domestic purposes. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.
    6. ThoroughBets has the right to suspend or terminate any Account, Username or Password (whether chosen by you or allocated by us) or your access to the Services at any time, if, in our opinion, you have failed to comply with any of the provisions of this agreement.
  5. Our obligations
    1. ThoroughBets shall provide you with Services substantially in accordance with the Betting Guide.
    2. In the event that ThoroughBets fails to provide you with Services in accordance with clause 5.1, we will use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 5.1.
  6. Your obligations
    1. It is your sole responsibility to determine whether you should place a wager or bet with a betting agency, bookmaker or exchange based on the information and material provided to you as part of the Services or otherwise made available to you on the Website.
    2. To access and use the Services via the Website, you must:
      1. open an Account with us via the Website;
      2. pay the Fees;
      3. provide Us with all necessary co-operation and information to facilitate and provide the Services including (but not limited to) proof of identity and age;
      4. ensure that all information is true, accurate and not misleading;
      5. obtain and maintain all equipment, hardware and software required by you to use and/or access the Services and the Website; and
      6. carry out all of your responsibilities set out in this agreement in a timely and efficient manner
  7. Restrictions
    1. You must not:
      1. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party;
      2. violate ThoroughBets’ Intellectual Property Rights;
      3. modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services or the Website in any way or otherwise learn the source code or algorithms underlying the Services or Website;
      4. access all or any part of the Website or Services in order to build a product, service or code which competes with the ThoroughBets, the Services or Website;
      5. not access, store, distribute or transmit any viruses, worms, trojans or other malicious code, or any material when using the Website that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party or corrupts, damages, degrades or disrupts the operation of the Services or Website; or
      6. use the Services or Website for an unlawful purpose or in breach of any Relevant Laws.
  8. Intellectual Property Rights
    1. The Customer acknowledges that, notwithstanding anything else, ThoroughBets and/or its licensors own all Intellectual Property Rights in the Services and the Website (and anything arising or generated therefrom) (collectively, the ThoroughBets IP). Using the Services and the Website (as the context permits) does not give you (or anyone else) ownership of, or any right, title or interest in any of the foregoing (or any ThoroughBets IP contained therein), or any information, content or technology that may be provided to, or accessed by, you in connection with their use, all of which is, and will remain, owned by ThoroughBets or its licensors.
    2. All Intellectual Property Rights discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with, the Services or the Website will automatically vest in, and are assigned to, ThoroughBets (Developed IP).
    3. All trade marks, logos, trade dress and service marks on any materials provided as part of the Services or on the Website are either trade marks or registered trade marks of ThoroughBets, or third parties that have authorised such use, and may not be copied, imitated, or used, in whole or in part.
  9. Pricing and payment
    1. You may offer to purchase a ThoroughBets Pass as described on the Website for the fee specified on the Website on the date of your order (Fee).
    2. If you choose to purchase a ThoroughBets Pass you will, at the time of purchase, be required to pay the full Fee as specified on the Website. All Fees are payable in Australian Dollars.
    3. Payment of the Fees can be made by means of credit card, direct deposit or PayPal. We reserve the right to remove or add payment options from the Website from time to time.
    4. To the extent permitted by Relevant Laws, you agree that all Fees payable to ThoroughBets are non-refundable. A ThoroughBets Pass cannot be on-sold to another party or redeemed for cash.
    5. After purchasing a ThoroughBets Pass from the Website you will receive an email which includes your Username, Password and tax invoice.
  10. No Warranties
    1. To the maximum extent permitted by Relevant Laws, ThoroughBets excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the provision of the Services or the Website.
    2. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
    3. You acknowledge and agree that, to the maximum extent permitted by Relevant Laws, ThoroughBets makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Services or the Website (or any products or services provided in connection with the Services).
    4. ThoroughBets will not be liable if the Services or the Website is unavailable for any reason, including directly or indirectly as a result of:
      1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
      2. negligent, malicious or wilful acts or omissions of third parties (including ThoroughBets third party service providers and bookmakers, betting agencies and exchanges);
      3. maintenance (scheduled or unscheduled) carried out by ThoroughBets or any third party service provider;
      4. services provided by third parties ceasing or becoming unavailable; or
      5. a Force Majeure Event.
    5. You acknowledge that gambling involves risk and as a consequence you may suffer gambling losses. Any reliance on, and use of, the information and material provided to you as part of the Services or otherwise made available to you on the Website is at your own risk.
    6. We do not make any representations or give any warranties as to the likelihood of profiting from the use of the Services and we do not represent that we can predict the winner of every horse race.
    7. We accept no responsibility or liability to you (or anyone else) for any wager or bet that may be placed via any betting agency, bookmaker or exchange and we are not liable for any loss resulting from any action taken or not taken, or your reliance on any information or material contained in the Services or otherwise made available to you.
  11. Third Party Providers
    1. You acknowledge that ThoroughBets may use Third Party Products and Third Party Providers to enable us to provide you with access to, and use of, the Services and the Website, and that your use of and reliance on them is solely at your own risk.
    2. ThoroughBets makes no representation or commitment, and shall have no liability or obligation whatsoever in relation to the Content displayed on the Website by a Third Party Provider or the use of, or interaction with, any such Third Party Products, or any transactions completed, and any contract entered into by you, with any Third Party Provider.
    3. ThoroughBets recommends that you refer to the Third Party Provider’s terms and conditions prior to using the relevant Third Party Products.
    4. ThoroughBets does not endorse, sponsor or approve any Third Party Products or Third Party Providers made available on or via the Services. It is your sole responsibility to determine that any third Party Products used by you, meet your individual needs and/or are suitable for the purposes for which they are used.
  12. Limitation of Liability
    1. To the fullest extent permitted by Relevant Laws, ThoroughBets will not be liable to you or any third party for:
      1. indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or
      2. gambling losses, loss of income, loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, loss of use, failure to realise anticipated savings, loss of opportunity or expectation loss; or
      3. loss of or damage to any property or any personal injury or death to you or any third person,
        arising out of, relating to or connected to the provision or use of the Services, the Website and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
    2. Under no circumstances will ThoroughBets’ aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Fees paid by you to ThoroughBets under this agreement in the preceding 3 months of the claim.
    3. You agree to defend, indemnify and hold ThoroughBets, its Related Bodies Corporate and its Personnel (the Indemnified) harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Indemnified or
      1. the use by you or any third party of the Services or the Website; or
      2. any breach by you of this agreement.
  13. Confidentiality
    1. Save as required by law, all information and material supplied by us in relation to the Services, the Website and the terms of this agreement are confidential and must not be disclosed by you to a third party (except your professional advisors) without our written consent. This includes, without limitation, information provided to you in any form (including written and electronic) and by any means (including during any conversations with you). Upon the expiry or termination of this agreement, such confidential information must either be destroyed or returned to us, as directed by us.
  14. Termination
    1. Either party may terminate this agreement (without any liability) at any time by giving the other party at least 7 days’ written notice. If you terminate this agreement in accordance with this clause 14.1, we will provide you with a pro rata refund of the relevant Fees for any unused portion of the Subscription Term.
    2. Either party may terminate this agreement by giving notice with immediate effect if the other party:
      1. breaches any material term of this agreement and such breach is not remedied within 7 Business Days after receiving notice of the breach;
      2. breaches any material term of this agreement and such breach is not capable of remedy; or
      3. suffers an Insolvency Event.
    3. On termination or expiration of this agreement:
      1. all licences and rights of access granted under this agreement will immediately terminate;
      2. you must immediately surrender all confidential information, ThoroughBets IP, Developed IP and any other property belonging to ThoroughBets in your possession, custody or control and certify to ThoroughBets, in writing, that you have done so; and
      3. you must pay all outstanding Fees and any other outstanding monies owing to ThoroughBets under this agreement within 7 days.
  15. Dispute Resolution
    1. The parties may, before resorting to court proceedings (except interlocutory or interim relief), refer any dispute between the parties under or relating to this Agreement initially to a nominated representative of each party to endeavour to resolve the dispute within 20 days. If the dispute is not resolved within this period, then either party may, in its absolute discretion, initiate court proceedings.
  16. Force Majeure
      ThoroughBets will have no liability to you (or anyone else) under this agreement if it is prevented from or delayed in performing its obligations under this agreement or otherwise, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, natural disasters, sabotage, war, riot, civil commotion, computer hacking, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of hosting or data centre providers or other suppliers or sub-contractors, shortage of suppliers, equipment and materials, (Force Majeure Event).
  17. Notice
    1. By accessing and using the Services or the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website.
    2. You acknowledge that all contracts, notices, information and other communication (notices) we may provide electronically comply with any legal requirements that such documents be in writing.
    3. Notice will be deemed received and properly served immediately when posted on the Website or 24 hours after an email is sent to you. As proof of service, it is sufficient that the email was sent to the email address specified by you in the Registration Portal.
  18. General
    1. A waiver of any right under this agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
    2. If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
    3. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
    4. This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter they cover.
    5. Neither party shall, without the prior written consent of the other party (which will not be unreasonably withheld), assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement, except that ThroroughBets may assign, sell or transfer its rights or obligations under this agreement to a Related Bodies Corporate or bona fide third party purchaser of ThroroughBets’ business.
    6. Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
    7. The laws of the state of Victoria, Australia govern this agreement. You agree to submit to the exclusive jurisdiction of the courts of Victoria. You are solely responsible for compliance with any applicable laws of the country from which You access the Website and use the Services.
  19. Contact Us
      If you have any questions about this agreement, please contact us via

  20. Responsible gambling
      If gambling at any stage is starting to become a problem please visit Gamblers Help or call 1800 858 858. If gambling has become a problem, we encourage you to opt-out of receiving marketing materials from us and close your Account.
  21. Definitions
    1. In this agreement, the following words shall have the following meanings:
      1. Account has the meaning in clause 4.1.
      2. Betting Guide means the description of the Services as set out on the Website.
      3. Business Days means each day excluding Saturdays, Sundays and public holidays in Victoria.
      4. Content means all content, text, emails, files, names, artwork, graphics, video, reports, policies, or other information or materials downloaded, uploaded, sent or received.
      5. Developed IP has the meaning in clause 8.2.
      6. Fees has the meaning in clause 9.1.
      7. Force Majeure Event has the meaning in clause 16.
      8. Insolvency Event means any of the following:
        1. a receiver, receiver and manager, liquidator, provisional liquidator, controller or any form of external administrator has appointed over a party or any property belonging to the party;
        2. the party enters into a scheme, arrangement, agreement or compromise with its creditors or calls a meeting of creditors;
        3. the party becomes bankrupt or insolvent; or
        4. the party has a winding-up or bankruptcy petition presented against it.
      9. Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in the future in any part of the world.
      10. Password has the meaning in clause 4.2.
      11. Personal Information has the meaning set out in section 6 of the Privacy Act 1988 (Cth).
      12. Personnel means any officer, employee, agent, contractor, sub-contractor or consultant of ThoroughBets.
      13. Privacy Policy means our privacy policy available at https://www.thoroughbets.com.au/privacy-policy/ or any other internet site notified by ThoroughBets from time to time, which is incorporated into this agreement.
      14. Registration Portal means the registration portal on the Website used by you to purchase a ThoroughBets Pass.
      15. Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).
      16. Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and Privacy Laws, anywhere in the world.
      17. Subscription Term has the meaning in clause 3.
      18. Third Party Provider means the supplier of Third Party Products.
      19. Third Party Products means software, products, services, materials or Content (including all Intellectual Property Rights contained therein) that:
        1. are provided by third parties, such as bookmakers, betting agencies and exchanges;
        2. interoperate with the Services and Website; or
        3. are identified as third party products.
      20. ThoroughBets IP has the meaning in clause 8.1.
      21. ThoroughBets Pass means a non-exclusive, personal, non-transferable and non-sub-licensable licence to access and use the Services and the Website for 7 days, 30 days, 90 days or 365 days (as the context permits).
      22. Username has the meaning in clause 4.2.
      23. Website means the ThoroughBets website located at www.thoroughbets.com.au, social media linked pages or any other internet site notified by ThoroughBets from time to time.