1. General
The Great Tip Off Pty Limited A.C.N. 140 182 609 (referred to as "GTO", "we",
"us", "our") is the owner of this website ("Site"). By accessing or using
this Site, whether as a "visitor" (where you browse through the Site without
being registered) or as a "member" (where you have registered to be a member
of the Site), you agree to be bound by these terms and conditions ("Terms
and Conditions") and all applicable laws and regulations that govern this
Site, the content of this Site and the activities undertaken on or through
this Site. These Terms and Conditions are also governed by: (a) our Privacy
Policy which is expressly incorporated into these Terms and Conditions by
this reference; and (b) any guidelines, rules or disclaimers that may be posted
and updated on the Site (or any part thereof) from time to time or on notices
that we send to you. Your right to access this Site is granted at the sole
discretion of GTO. GTO reserves the right to revoke or limit your access to
this Site, or participate in any tipping competition run from this Site or
to use any software belonging to GTO, at any time and in the sole and absolute
discretion of GTO, without providing prior notice or reasons to you. GTO accepts
no responsibility for any damage or loss that may be caused to you or any
third party as a result of GTO exercising this right.
2. Modifications of Terms and Conditions
GTO reserves the right to amend, vary, change, modify, add or remove all
or any portion of the Terms and Conditions in its sole and absolute discretion
at any time and without prior notice to you. Any changes will operate prospectively.
Your continued use of the Site is taken to be implied acceptance by you of
the Terms and Conditions as modified from time to time. Please check this
page periodically for any modifications. You must refrain from using this
Site if you do not agree with or if you do not accept any of these Terms and
Conditions.
3. Information Provided by You
In the course of using this Site, you may be required to provide us with
certain information, including as part of the sign-up process. It is your
responsibility to provide us with information that is accurate, complete and
correct. GTO takes no responsibility for any errors that may occur as a result
of you providing GTO with incorrect, incomplete, outdated or otherwise invalid
information. The personal information supplied by participants of a Tipping
Competition will be used by GTO in accordance with its privacy policy. Please
refer to the privacy policy on this Site for further information relating
to our treatment of your personal information.
4. GTO Software
GTO is the owner of, and has absolute title to all of the software used on
or in conjunction with, or referred to, on this Site, including but not limited
to all tipping software and software relating to tipping competitions ("GTO
Software").
5. Tipping Competitions
This Site offers you the opportunity to start and manage your own tipping
competition. In respect of any tipping competition set up on this Site or
any other website using the GTO Software ("Tipping Competition"), the person
who sets up the Tipping Competition will become the competition manager ("Manager")
and will be responsible for the way in which the Tipping Competition is run.
On setting up a Tipping Competition, the Manager will be assigned a unique
uniform resource locator (or URL) that provides access to a personalised tipping
page ("Tipping Page"). The Tipping Page is unique to that Tipping Competition
and is the medium through which the Manager and all participants of that Tipping
Competition can join, tip, check results and consult with the leader board.
Competition prizes entered by the Competition Manager and displayed on the competition page on the site are the responsibility of the Competition Manager. GTO is not responsible for, or liable to anyone for tipping competition prizes. GTO does
not warrant that results of a Tipping Competition will always be accurate
and GTO takes no responsibility if the results are inaccurate or not available
for any reason.
6. Tipping Pages
GTO has absolute ownership and control over the Tipping Pages. GTO has unfettered
discretion in relation to the Tipping Pages, including but not limited to
unfettered discretion in relation to all advertising that may appear on the
Tipping Pages from time to time.
7. Prizes
Tipping Competition winners are authorised and confirmed by the Manager for the relevant Tipping Competition. GTO is not responsible for funding prizes, identifying the relevant competition winner or allocating prizes to participants of Tipping Competitions undertaken through this Site.
8. Materials Provided to Us or Posted on or Through the Site by You
We appreciate any suggestions ("Unsolicited Ideas") you may have regarding
ways in which this Site may be improved or materials which we may add to this
Site. Any Unsolicited Ideas that you submit or communicate to us will not
be regarded as confidential and will become our property. We may use, reproduce,
disclose, publish, modify, adapt and transmit Unsolicited Ideas to others,
without restriction or any obligation to compensate you. GTO does not claim
any ownership rights in the texts, files, images, photos, videos, sounds,
musical works, works of authorship, applications, or any other materials or
information (�User Content�) that you post, upload, transmit, display, publish,
input or submit on or through the Site ("Submission"). We are not responsible
for the content or accuracy of any User Content or Submission. In consideration
of GTO permitting you to do any posting, uploading, inputting, transmitting,
displaying, publishing, providing or submitting ("Posting") of your Submission
or User Content to the Site, you grant to us, our affiliated companies and
sublicenses an irrevocable licence, for no fee, to display (whether publicly
or otherwise), publish, delete, modify, vary, amend, add to, reproduce and
distribute and otherwise use in our sole and absolute discretion (without
restriction or any obligation to remunerate or compensate you) your Submission
or the User Content in any format in connection with the operation of our
respective businesses (including, without limitation, the Site and any related
applications of the Site). You understand and agree that once aspects of the
User Content or Submission is distributed or incorporated on or throughout
the Site, GTO is under no obligation to delete that User Content or Submission
or ask users of the Site to delete that User Content or Submission and therefore
it may continue to appear on the Site indefinitely. By Posting a Submission,
you warrant and represent that you own or otherwise control all of the rights
to your Submission including, without limitation, any intellectual property
or moral rights. You also warrant and represent that your Submission or the
User Content does not infringe any third party intellectual property or moral
rights. You are solely responsible for the accuracy and content of the information
contained in your Submission. GTO exercises no editorial review and assumes
no responsibility for misleading, fraudulent, defamatory, libellous, threatening,
harassing, pornographic, obscene or illegal information supplied to the Site
by you (whether via the User Content, any Submission or otherwise). We shall
have the right, but not the obligation, to monitor Submissions to determine
compliance with these Terms and Conditions, any operating rules we establish
and to satisfy any law, regulation or authorised government request. You agree
to promptly report any suspicious or unauthorised use of the Site to GTO.
GTO reserves the right to monitor any and all activity on the Site and GTO
may notify the proper law enforcement officials if any suspicious activity
is detected.
9. Disputes
You are solely responsible for your interactions with other users of the
Site, third party developers or any other parties with whom you interact through
the Site (or any related applications of the Site). GTO reserves the right,
but has no obligation, to become involved in any way with these disputes.
In the event that GTO elects to become involved with any dispute, the decision
of GTO is final and no correspondence will be entered into.
10. Links to Other Sites
The Site may contain links to other websites which are owned or operated
by third parties ("Third Party Sites"). These links are provided for convenience
only. Links on the Site to Third Party Sites may not be current and are not
indicative that Third Party Sites are being maintained and/or updated. Third
Party Sites are independent from the Site and from GTO. GTO has no control
over the content or activities undertaken on any Third Party Site and GTO
is not responsible for information on, or the practices of, Third Party Sites.
You access Third Party Sites at your own risk and should make your own enquiries
as to the privacy policies or terms and conditions that may apply to Third
Party Sites. We do not permit any linkages to this Site from any Third Party
Site without our prior written permission.
11. Cookies
We may use cookies to gather data in relation to this Site and you consent
to us doing so (although you may be able to disable cookies on your web browser).
12. Advertising
You consent to the use of cookies by any third party advertisers on the Site
or on any Tipping Pages.
13. Secure Data
Given the nature of the internet, we cannot guarantee that any data transmission
is totally secure. Whilst we take precautions to protect information, we do
not warrant and cannot ensure the security of any information you transmit
to us. You therefore transmit to this Site at your own risk. However, once
we receive your transmission, we will take reasonable steps to preserve its
security. If you become aware of any problems with the security of the data
or the Site, please contact us immediately through the "Contact" page on the
Site. When you sign up or register to become a member of the Site, you will
be asked to choose a password. You are entirely responsible for maintaining
the confidentiality of your password. You agree not use the account, username,
email address or password of another member at any time or to disclose your
password to any third party. You are solely responsible for any and all use
of your account.
14. Viruses
Given the nature of the internet, we cannot guarantee that this Site is free
from viruses, faults or other conditions which could damage or interfere with
your computer systems, and we do not warrant that your access to this Site
will be uninterrupted, error free or that any defects will be corrected. You
assume the risk of any damage to your property as a result of using this Site,
and to the maximum extent permitted by law; we disclaim all liability for
any errors, omissions and faults. You must take your own precautions to ensure
that the process which you use for accessing this Site does not expose you
to the risk of viruses, malicious computer code or other forms of interference
which may damage your own computer system. For the avoidance of doubt, we
do not accept responsibility for any interference or damage to your own computer
system which arises in connection with your use of this Site or any linked
website.
15. Disclaimer of Warranties and Liability
We make no representations or warranties of any kind, express or implied,
in relation to any information, content, materials or products included in
or contained on this Site or to the availability, functionality, performance
or suitability for intended use of such information, content, materials or
products. We do not, nor do our officers, employees, agents and other representatives
accept responsibility for any damages (including, without limitation, consequential,
special, incidental, indirect, or similar damages) even if advised of the
possibility of such damages, loss, tax liability, cost or expense, howsoever
caused or incurred (including through error, omission, negligence, misrepresentation,
miscalculation or matters outside our control), which you may directly or
indirectly suffer in connection with your use of this Site or any linked website,
including if access to the Site is interrupted or permanently disabled, nor
do we accept any responsibility for any such loss arising out of your use
of, or reliance on, information contained on, or accessed through, this Site.
To the maximum extent permitted by law, we disclaim any representations or
warranties as to the completeness, accuracy, merchantability or fitness for
purpose of this Site or the information that it contains. The use of the information
on this Site and interactions with other users of the Site, third party developers
or any other parties with whom you interact through the Site, is at your own
risk. To the extent permitted by law, we exclude all liability of us, our
officers, employees, agents and other representatives in respect of any injury,
loss or damage arising out of your use of this Site, including, or related
to theft, unauthorised access or third party interference, viruses and the
use, or inability to use, the information on this Site or information provided
directly or indirectly through this Site. This limitation of liability includes,
but is not limited to, compensatory, direct, indirect or consequential damages,
interruption of business, loss of data, income or profit, loss of, or damage
to property, and third party claims. If any liability is not able to be excluded
by law, we limit our liability to the re-supply of the relevant information
or services. This Site and all content, products and services included in
or accessible from this Site are provided "as is" and without warranties or
representations of any kind (express, implied and statutory, including but
not limited to the warranties of title and non-infringement and the implied
warranties of merchantability and fitness for a particular purpose), all of
which GTO disclaims to the fullest extent permitted by law. Your use of the
Site is at your sole risk. Certain legislation, including the Competition
and Consumer Act 2010 (Cth), may imply warranties or conditions or impose
obligations which cannot be excluded, restricted or modified or cannot be
excluded, restricted or modified except to a limited extent. These terms and
conditions must be read subject to these statutory provisions. If these statutory
provisions apply, to the extent to which it is entitled to do so, GTO limits
its liability in respect of any claim under those provisions to, at GTO's
option: (a) the supplying of the services again; or (b) the payment of the
cost of having the services supplied again.
16. Disclaimer as to Affiliations
This Site and GTO are not associated or affiliated with, or in any way related
to, any of the following organisations: 1. National Rugby League (NRL); 2.
New South Wales Rugby League (NSWRL); 3. Super League (Europe); 4. Queensland
Rugby League (QRL); 5. Rugby League International Federation (RLIF); 6. Australian
Rugby Union (ARU); 7. Australian Football League (AFL); 8. South Africa New
Zealand Australia Rugby (SANZAR); 9. South African Rugby Football Union (SARFU);
10. New Zealand Rugby Football Union (NZRFU); 11. International Rugby Board
(IRB); 12. English Premier League (EPL); 13. Football Association (FA); 14.
F�d�ration Internationale de Football Association (FIFA); 15. Football Federation
Australia (FFA); 16. Australian Cricket Board (ACB); 17. National Basketball
League (NBL); 18. National Football League (NFL). 17. Intellectual Property
This Site, the GTO Software and all intellectual property rights, including
graphics, logos, trade marks, design, text, icons, the arrangement of them,
sound recordings and all software relating to this Site, are the intellectual
property of us, a related body corporate of us or their respective owners.
These intellectual property rights are protected by Australian and international
laws. Nothing contained in this Site is to be interpreted as a recommendation
to use any information on this Site in a manner which infringes the intellectual
property rights of any person, company or entity. We make no representations
or warranties that your use of this Site or the information on this Site will
not infringe such intellectual property rights.
17. Limitation on Use
All content appearing on or included in the Site and produced, published,
displayed, transmitted or created by GTO, including site layout, design, images,
programs, text and other information (collectively, the "Content") is the
property of GTO and its affiliated companies or licensors and is protected
by copyright and other intellectual property laws. You must not copy, display,
distribute, modify, publish, reproduce, store, transmit, create derivative
works from, or sell, license or communicate to the public all or any part
of the Content or the products or services obtained from the Site in any medium
to anyone, except as otherwise expressly permitted under applicable law or
under these Terms and Conditions or relevant license or subscriber agreement.
Unless otherwise indicated on the Site in writing, you may print or download
Content from the Site for your own personal, non-commercial use only and subject
to the Copyright Act 1968 (Cth) and similar legislation. Nothing in these
Terms and Conditions permits or allows you to incorporate any material or
Content, or any part of the material or Content, in any work or publication,
whether in hard copy, electronic or any other form. You must in all cases
keep intact all copyright and other proprietary notices. You must not engage
in systematic retrieval of Content from the Site to create or compile, directly
or indirectly, a collection, compilation, database or directory without the
prior written consent of GTO, such consent may be withheld at the sole and
absolute discretion of GTO. You must not use the services on the Site to publish
or distribute any information (including software or other content) which
is illegal, which violates or infringes upon the rights of any other person
or entity (including, without limitation, the intellectual property rights
of any person or entity), which is abusive, hateful, profane, injurious to
minors, pornographic, threatening, misleading, fraudulent, defamatory, libellous,
harassing, obscene or vulgar, which contains errors, viruses or other harmful
components, or which is otherwise actionable at law. GTO may at any time,
in its sole and absolute discretion, exercise editorial control over the content
of the Site. You must not use the Site to conduct any business, to solicit
the performance of any activity that is prohibited by law, or to solicit other
users to become subscribers of other information services. Similarly, you
must not use the Site to download and redistribute public information or shareware
for personal gain or distribute multiple copies of public domain information
or shareware. You must not link any third party website to the Site or link
the Site to a third party website (�Unauthorised Link�), without the prior
written consent of GTO (such consent may be withheld in the sole and absolute
discretion of GTO). You acknowledge and accept that GTO is entitled to, and
shall, require you to remove any Unauthorised Link which you install on the
Site. You may use the Site and the Content in accordance with these Terms
and Conditions. Your use and continued use of the Site is solely at the discretion
of GTO. GTO reserves the right to prohibit anyone from accessing, browsing,
supplying information to or downloading information, material or Content from
the Site. Nothing in these Terms and Conditions grants you any rights (including,
without limitation, any intellectual property rights) in or to the Site or
any Content, other than the limited right to use the Site and the Content
according to the terms of these Terms and Conditions.
18. Indemnity
You agree to indemnify us, our officers, employees, shareholders, agents
and other persons (including without limitation, licensors, affiliates, parent
companies and subsidiaries) involved in the creation of this Site from all
damages, losses, penalties, fines, expenses and costs (including legal costs)
which arise out of or relate to your use of this Site, your interactions with
other users of the Site, third party developers or any other parties with
whom you interact through the Site, or otherwise, any information that you
provide to us via this Site or any damage that you may cause to this Site.
This indemnification includes, without limitation, liability relating to copyright
infringement, defamation, invasion of privacy, trade mark infringement and
breaches of the Competition and Consumer Act 2010 (Cth).
19. Severability
If any provision in these Terms and Conditions is held invalid or unenforceable
under an applicable law, the remaining provisions shall continue in full force
and effect.
20. Governing Law
These terms and conditions shall be governed by and construed in accordance
with the laws of New South Wales, Australia. You hereby irrevocably submit
to the non-exclusive jurisdiction of the courts of that State. In the event
that any of the Terms and Conditions is found to be invalid, voidable or unenforceable
under any court of law, such invalidity or unenforceability will not affect
the remainder of these Terms and Conditions, which will continue in full force
and effect. If you access this Site in a jurisdiction other than New South
Wales, Australia, you are responsible for compliance with the laws of that
jurisdiction, to the extent that they apply. We make no representations that
the content of this Site complies with the laws of any country outside Australia.
@ The Great Tip Off Pty Limited A.C.N. 140 182 609 ("GTO"). All rights reserved. No part of this Site may be reproduced in any manner without the express written permission of GTO.
