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WEBSITE TERMS AND CONDITIONS ('TERMS') - SERVICES
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
1. Who we are and how to contact us
1.1 www.braddavidson.com.au is a website (‘Website’) operated by Davidson Corp Pty Ltd ACN 662 158 410 (‘BDC, we, us and our’).
1.2 To contact us, please email email@example.com.
1.3 Reference to the Website includes the racing information and tipping subscription services we provide via the Website (and other mediums as determined by us) from time to time (‘Services’).
1.4 The Website provides information and tips and is not a gambling site or bookmaking organisation. We do not collect, process, transact or pay out bets of any kind. Gamble responsibly.
1.5 The Website does not give financial advice.
1.6 Whilst BDC believes in our form, this is not a guarantee. Members should be aware that betting is a form of gambling which is risky and members can lose their entire bet. BDC is not responsible for members’ losses and will not provide refunds in respect of gambling monies lost.
1.7 The Website does not provide any assurances or guarantees that any of the horses, races and events which have been the subject of tips by The Website have not been cancelled, postponed or otherwise varied. In the event that any such horse or event is cancelled, postponed or varied The Website accepts no responsibility.
1.8 BDC is an advocate of responsible gambling. BDC wants you to be in control of your gambling at all times and not allow your gambling to control you. You should ensure that, when making a decision to follow BDC’s tips, you do so in a controlled manner, with the key principle to only gamble what you can afford to lose.
2. By using our Website you accept these Terms
3. We may make changes to these Terms
3.1 We may amend these Terms from time to time. Every time you wish to use our Website or our Services, please check these Terms to ensure you understand the Terms that apply at that time. By continuing to use our Services after the amendments take effect, you agree to be bound by the Terms as amended.
3.2 These Terms were most recently updated on 30th September 2022.
4. We may make changes to our Website
4.1 We may update and change our Website from time to time to reflect changes to our services, products, our users’ needs, changes in law and our business priorities.
5. We may suspend or withdraw our Website
5.1 We do not guarantee that the Services, our Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website or products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5.2 This Website is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website or Services.
6. Our Services
6.1 BDC will provide the following services to you through the Website, via email, SMS or by other means:
(a) tipping service subscriptions: Ongoing horse racing analysis and bet recommendations (‘Subscription Services’);
(b) one-off horse racing bet recommendations; and
(c) informational analysis articles about racing/punting.
6.2 The Subscription Services are provided by way of various subscription packages, which will vary from time to time (this includes, but is not limited to, costs, inclusions and frequency of tips).
6.3 Subscription Services will ordinarily be provided by the day/time and method indicated on the Website, or otherwise in any manner determined by us, including email, SMS, social media or other platforms at our discretion. We will not be responsible for any failure in delivery of the Services due to errors or delays causes by your email host, internet provider or other security provider.
6.4 Results are recorded and tracked at the prices available for horses at the time tips are issued to you. We do not guarantee you will be able to achieve these prices as the betting agency or bookmaker service is not operated by us.
6.5 Services will be provided by BDC and its personnel.
6.6 The Services and Subscription Services may be changed by us at any time.
7. Registration to use the Services
7.1 To access the Services, you must first register for an account through the Website. Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms.
7.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details).
7.3 You warrant that any information you give to BDC when completing the registration process will always be accurate, correct and up to date. Please advise us if you would like to make changes to you subscription such as your contact or payment details.
8.1 When you subscribe as a Member you enter into an agreement to receive the Subscription Services on an ongoing basis, until terminated by you or us.
8.2 You agree to pay the current subscription fee in place for the Services as notified by us from time to time (‘Subscription Fee’). Payment for Subscriptions Fees must be made in Australian Dollars and by the methods offered by us at our discretion, currently via Visa, MasterCard or American Express debit or credit cards or via UnionPay, Apple Pay or Google Pay. We will cancel your subscription if the Subscription Fee is not paid in advance.
8.3 You expressly authorise us to automatically charge your credit or debit card for each Subscription Fee, without further authorisation from you.
8.4 You agree that you have read, understood and agree to be bound by the relevant payment gateway terms and conditions which are available on their website.
8.5 You will be liable for any banking fees and charges and other fees including administration fees where there has been a refund or denial of the Subscription Fee by your banking or credit institution.
8.6 You agree and acknowledge that we can vary the Subscription Fee at any time.
8.7 If we are unable to provide the Subscription Services for any reason, we will endeavour to notify you in advance and payment will not be collected for the relevant period of inactivity.
8.8 Any Member seeking a refund must write to BDC with reasons for the request. BDC will not refund any unused portion of your membership unless special circumstances apply, and will determine the outcome of any refund request on a case-by-case basis. BDC has complete discretion to refuse any request for a refund.
9. Your obligations as a Member
9.1 As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) all Services, materials and information provided by us, is strictly confidential and is provided to you for your personal use only. We reserve the right to immediately terminate your membership if we suspect you have shared, or allowed the sharing, of any information with a non-member;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services. You must immediately notify us of any breach of your user details;
(d) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of BDC;
(e) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting other Members’ data and sending unsolicited emails;
(f) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by BDC for any illegal or unauthorised use of the Website;
(g) where we allow you to post any content on the Website or any other channel (including for example, apps like Whatsapp or Telegraph), you agree that you will not post or transmit any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, likely to incite violence, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security. We have the right to take down this information at our sole discretion and without notice;
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited;
(i) you consent to receiving information and links to third party websites. BDC may link to affiliate programs, and may earn affiliate income in the form of sales commissions, marketing fees, royalties, rebates, and points from links you click on. You agree that we do not guarantee the suitability, quality, price, functionality, or safety of any products or services offered by affiliates; and
(j) from time to time, in the course of events or activities associated with your membership, we may take photographs and/or video footage in which you may be identifiable. You agree that any material obtained may be used in any of our advertisements, materials or merchandise without any compensation to you.
10.2 We will take all reasonable precautions to protect your data, however unfortunately no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. You agree that you will not do anything that might put the security of your account at risk.
11. Intellectual Property
11.1 We will own the intellectual property rights in the Services, Website and any information and materials contained on the Website, and you will have a non-exclusive, non-transferable licence to use the Services and any materials for your own personal purposes.
11.2 Any reproduction or redistribution of the Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location and publication, reproduction or distribution of the Content is expressly prohibited.
12. General Disclaimer
12.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.2 Subject to clause 12.1, and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
12.3 By using our Services, you agree that BDC is not to be held liable for any decisions you make based on any of the Services, information, materials or guidance and any consequences, as a result, are your own. Any bets you place are at your own discretion. Under no circumstances can you hold BDC liable for any actions you take nor can you hold us or any of our employees liable for any loss (including indirect loss or lost opportunity), penalties, charges, bills or costs incurred by you as a result of any tips, guidance, advice, materials or techniques used or provided by BDC.
12.4 All our information on both the Website and in Services is informational only, not tailored to your specific circumstances and intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and BDC takes no responsibility for your actions, inactions, omissions, choices, decisions, including any placing of, or failure to place bets.
12.5 BDC takes all reasonable care in preparing and compiling its information and content displayed on the Website and in the Services. We accept no responsibility however for inaccuracies, typographical errors or completeness of the information, nor warrant the accuracy of the information displayed. We recommend you undertake your own enquiries and research in relation to the validity of any information, analysis or recommendations provided.
12.6 We do not guarantee any financial results. Past performance is no guarantee of future performance. Any monetary investment based on information provided to you by us is at your own risk.
13. Limitation of liability
13.1 BDC’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you, or the Subscription Fees paid by you in the preceding 12 months.
13.2 You agree that we will not be liable for (i) loss resulting from placing a bet, (ii) loss resulting from not placing a bet, (iii) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (iv) indirect or consequential loss.
13.3 Nothing in the Agreement will limit a person’s liability for anything that cannot be limited by law.
13.4 We will not be responsible for any suspension, delay or failure arising from any circumstances outside of our reasonable control.
14. Termination of Contract
14.1 The Terms will continue to apply until terminated by either you or by BDC as set out below.
14.2 If you want to terminate the Terms, you must do so by:
(a) providing BDC with 7 days’ notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where BDC has made this option available to you.
Your notice should be sent, in writing, to BDC via the ‘Contact Us’ link on our homepage.
14.3 BDC may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) BDC is required to do so by law;
(c) if your conduct impacts BDC’s name or reputation or violates the rights of those of another party; or
(d) the provision of the Services to you by BDC is, in the opinion of BDC, no longer commercially viable.
15.1 You agree to indemnify BDC, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with BDC’s content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or the Services or attempts to do so; and/or
(c) any breach of the Terms.
16. Competition and Promotions
16.1 For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In the case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
17. Your Feedback
17.1 We appreciate hearing from you. Please be aware that, by providing your feedback to our tipping services, whether it be via email, posting via any public forum or otherwise (including any reviews, questions, photographs or videos, comments, suggestions, ideas or the like) you grant BDC a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to:
(a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display your feedback throughout the world in any media, now known or hereafter devised;
(b) make your feedback available to the rest of the world; and
(c) use the name that you submit in connection with such feedback.
18. We are not responsible for viruses
18.1 We do not guarantee that the Website will be secure or free from bugs or viruses or any other type of malicious code or software.
18.2 You are responsible for configuring your technology to access the Website. You should use your own antivirus software.
19. We are not responsible for websites we link to
19.1 Where the Website contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those websites. BDC is not responsible for the contents or performance of any linked website and/or third-party website. The inclusion of any link on our Website does not imply any association with its operators.
20. Dispute Resolution
20.1 If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless both parties have attempted to resolve the dispute through mediation.
21. Governing Law and Jurisdiction
21.1 The Services offered by BDC is intended to be viewed by residents of Australia. The Terms are governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Website or Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
22. Our Responsible Gambling Policy
22.1 BDC maintains and projects a strong commitment to provide all our members with quality betting information, methods and practices.
22.2 For non-professionals, gambling should be enjoyed as a recreational activity to which genuine profits may be obtained. However, gambling may also cause a problem for some members in some circumstances.
22.3 BDC encourages responsible gambling. BDC wants Members to be in control of their gambling at all times and not allow their gambling to control them. Please ensure that when implementing BDC’s tips, you do so in a controlled manner with the key principle to only gamble what you can afford to lose. If you have a problem and need help then contact the Gambling Help Line on 1800 858 858.
22.4 BDC may at its discretion prevent access to our Services or the Website if we are asked to do so by a third party who provides, or we otherwise become aware of, reason(s) to suspect you have a gambling problem, or are engaging in practices that could be viewed as being irresponsible gambling, or lacking discipline.
22.5 If a third party connected to a Member contacts us and gives us similar reason to stop, cease or put a membership on hold, BDC may at its discretion comply with that request.