Terms and Conditions

Dollar Sports Tip – Terms of Use

WELCOME TO DOLLAR SPORTS TIP.

THE FOLLOWING "TERMS AND CONDITIONS" FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS TO, AND USE OF, DOLLAR SPORTS TIP. IN ACCESSING OR USING DOLLAR SPORTS TIP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MUST REFRAIN FROM ACCESSING AND USING DOLLAR SPORTS TIP.

We are not a bookmaker or gambling service. We do not encourage wagering or gambling. We encourage and support Responsible Gambling. If gambling is a problem for you, call Gambling Help Online 1800 858 858 or your local state gambling helpline. Gamble Responsibly. www.gamblinghelponline.org.au.

The Service is available only for those who are at least 18 years of age (or older if your jurisdiction requires). When opening an account or using the Service We have the right to ask for information to verify Your age and We reserve the right to suspend or restrict Your Account and access to the Services until Your age is confirmed.

All information (including but not limited to Tips, results, statistics, data, odds, figures, fixture lists and User Content) posted on Dollar Sports Tip is provided in good faith and on an “as is” basis for Your information only and is not intended to amount to advice on which reliance should be placed. Your use of such information is at Your own risk. We do not make any representations or warranties that any such information is reliable, accurate or complete. We are not liable for any Loss resulting from any action taken or reliance made by You on any information posted or provided by Us. You should make Your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any such information.

You agree to use Dollar Sports Tip for lawful purposes only.

1. GENERAL TERMS AND CONDITIONS

1.1 Privacy Policy

Our Privacy Policy is set out on the Site and shall apply to You and Your use of Dollar Sports Tip. You understand that through the use of Dollar Sports Tip you consent to the terms and conditions of Our privacy policy, which can be found at http://dollarsportstip.com/privacy-policy.

1.2 Amendments to terms and conditions

We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the Site. Your continued use of Dollar Sports Tip following such notification will represent an agreement by You to be bound by these terms and conditions as amended.

1.3 Access and use

Dollar Sports Tip is intended for personal use only and may not be sold, redistributed or used for any commercial purpose.

To access some parts of Dollar Sports Tip, You may have to become a Registered User. You may, however, have limited access to browse and use certain features of Dollar Sports Tip without becoming a Registered User. You must not permit any other person to access Your account and You must not use Your account on behalf of or for the benefit of another person.

1.4 Account

To become a Registered User, You must provide Us with Your personal information (including, without limitation, Your name, date of birth, e-mail address and debit or credit card details). To use the Service, You will be required to login using Your email address and a password nominated by You. We will use, store and handle any Information provided to Us by You in accordance with the requirements of the Privacy Act 1988 (Cth) that apply to Us and Our privacy policy.

You are entirely responsible for maintaining the confidentiality of Your password and You are responsible for Your use of Dollar Sports Tip.

You may change Your password or account details at any time by following instructions on the Site.

1.5 Payments and Tip Credits

You agree to pay for the Service and for any Tip Credits in the manner and for the price specified on the Site. You may only purchase Tip Credits if you are a Registered User. Unless and to the extent otherwise specified on Our Site, each Tip Credit may be exchanged for one Tip.

We may allow Registered Users to subscribe to receive either all of our Tips in any given month or a specified number of Tips per month in the manner and for the price set out on the Site (Subscription). If You subscribe for a Subscription, You acknowledge and agree that We may charge You using any payment information You have provided on a recurring monthly basis in advance and otherwise in accordance with that Subscription, until Your Subscription is cancelled or this Agreement is terminated. You may cancel Your Subscription at any time by sending Us an email to support@dollarsportstip.com informing Us of such at least five business days prior to Your next due date for payment under that Subscription. Subscriptions cannot be cancelled before the end of the subscription period for which You have already paid.

Except where You have subscribed to receive all of our Tips, if any Tip we provide to You is unsuccessful (Unsuccessful Tip), we will provide you with Our next available Tip free-of-charge (Second Tip). You are not entitled to any further free Tips as a result of the Second Tip being unsuccessful.

If you make payments with a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorise us to charge the designated credit or charge card or online payment account for the total amount of the payment(s), plus any GST. All payments and purchases made in connection with the Service (including without limitation any purchase of any Tip Credits and Subscription payments) are non-refundable.

We may change the prices payable for accessing and using Dollar Sports Tip (including without limitation Tip Credits and Subscription fees) from time to time. We will endeavour to notify You (including via the Site and/or the App) of any such changes before they come into effect, however this may not always be possible. Price changes for Subscriptions will take effect at the start of the next subscription period following the price change. You are taken to have accepted the new price if You continue to access or use Dollar Sports Tip after the price change takes effect. If You do not agree with the price change, You have the right to reject the change by cancelling Your Subscription by sending Us an email to support@dollarsportstip.com informing Us of such prior to the price change going into effect.

1.6 Service

By accessing and using Dollar Sports Tip, You assume all risks associated with such access and use. To the fullest extent permitted by law, We do not represent or warrant that Dollar Sports Tip will be uninterrupted or error-free or defect-free or that errors or defects in Dollar Sports Tip will be corrected. We do not represent or warrant to You that any electronic files available through Dollar Sports Tip will be free of Harmful Code nor that Your use of Dollar Sports Tip will achieve any particular result.

We reserve the right, at any time, to disable, close or render inaccessible Dollar Sports Tip for so long as We desire for any reason whatsoever, and without the need to provide any reasons. To the maximum extent permitted by law, We do not accept liability for any Loss which You may suffer or incur as a result of such actions.

1.7 Security

You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, Your transmissions of data or of information contained on Your computer system or on the Site or the App. To the maximum extent permitted by law, We do not accept liability for any Loss which You may suffer or incur as a result of such activity. You agree to immediately notify Us of any unauthorised use of Your user name and password or any other breach of security.

You must take Your own precautions to ensure that the processes taken by You to access Dollar Sports Tip do not expose You to the risks of Harmful Code.

1.8 Change to Dollar Sports Tip

We reserve the right to make any changes to Dollar Sports Tip that We consider necessary or desirable, at any time, without notice. We will use all reasonable endeavours to give prior notice of such changes on the Site but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Site or App).

1.9 Intellectual property rights

We are the owner and/or the licensee of all intellectual property rights in Dollar Sports Tip, and in the Material we publish on it. Those works are protected by trade mark, copyright and other laws and treaties governing proprietary and intellectual property rights around the world and all our rights are reserved. Materials posted by others on our Site or App may also be protected by trade mark, copyright and other laws and treaties governing proprietary rights and intellectual property rights. If You copy, modify, distribute or otherwise deal with those Materials, You may be infringing the rights of such third parties.

Except to the extent required for Your personal and non-commercial use of Dollar Sports Tip in accordance with these terms and conditions, You must not store, modify, copy, reproduce, upload, post, transmit, modify, sell, licence, interfere with or distribute any part of Dollar Sports Tip or Our Materials without Our consent.

1.10 Restricted use

Unless We agree otherwise in writing, You are provided with access to Dollar Sports Tip only for your personal use. Without limiting the foregoing, You must not without our written permission on-sell any Tips or other information obtained from Dollar Sports Tip.

You must use Dollar Sports Tip for lawful purposes only and ensure that Your access to, or use of, Dollar Sports Tip is not illegal or prohibited by law. It is Your responsibility to ensure You are in compliance with all Applicable Laws in using, or dealing with any information or material provided by Us or accessed through, Dollar Sports Tip.

1.11 Misuse and interference

You must not:

(a) attempt to gain unauthorised access to any part of Dollar Sports Tip;

(b) interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Site or the App or the integrity or performance of the Service;

(d) send or store any Harmful Code; or

(e) use any feature of Dollar Sports Tip in a manner that We reasonably determine is inappropriate or not intended.

1.12 Ownership of User Content

We may allow You to post, distribute or publish User Content on Dollar Sports Tip. You hereby unconditionally and irrevocably grant (or represent and warrant that the owner of such rights has expressly unconditionally and irrevocably granted) to Us, a worldwide, royalty-free, perpetual and non-exclusive licence to use, reproduce, copy, adapt, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public or create derivative works of such User Content anywhere, for any purpose and in any form, without any compensation to You.

You acknowledge and agree that You are solely responsible for any User Content posted by You. We reserve the right to review User Content prior to publication on Dollar Sports Tip or any time thereafter and to edit or remove any User Content for any reason whatsoever and without the need to provide any reasons, including without limitation where, in Our opinion the User Content does not comply with these terms and conditions.

1.13 Information on Dollar Sports Tip

Dollar Sports Tip may contain information or materials that include the views or recommendations of others that are not necessarily Our views.

Dollar Sports Tip may contain links and pointers to internet sites maintained by third parties. These links to third party sites are provided for Your convenience. Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated entity, product or service.

1.14 Disclaimer

To the maximum extent permitted by law, We do not accept any liability for, and You hereby release Us from any claim in relation to, any Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through Our negligence), suffered or incurred by You arising from or in connection with:

(a) Your access to, or use of, Dollar Sports Tip or any linked site;

(b) any change in content of the Site or the App;

(c) any decision or action taken by You in reliance on any Tip or other information or materials We provide or are posted on Dollar Sports Tip; or

(d) the availability of Dollar Sports Tip or any error or defect in Dollar Sports Tip.

The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, that such liability cannot be lawfully excluded (including, without limitation, any guarantee under the Australian Consumer Law (a non-excludable provision)).

1.15 Implied terms

Subject to the non-excludable provisions of the Australian Consumer Law, and to the fullest extent permitted by law, any guarantee, condition or warranty (including, without limitation, any implied guarantee, condition or warranty of merchantability, acceptable quality or fitness for a particular purpose) which would otherwise be implied in this Agreement is hereby excluded.

Where the Australian Consumer Law or any other legislation implies in these terms and Conditions any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee, condition or warranty, to the maximum extent permitted by law, Our liability for any breach of such guarantee, condition or warranty shall be limited, at Our option, to one or more of the following:

(a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and

(b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again.

You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.

1.16 Indemnity

You agree to indemnify, and keep indemnified, Us and Our officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified (including legal fees on a full indemnity basis), directly or indirectly, in connection with:

(a) any decision or action taken by You in reliance on any Tip or other information or materials We provide or are posted on Dollar Sports Tip;

(b) any breach of these terms and conditions by You;

(d) any negligent act or omission by You.

1.17 Termination

We may suspend Your access to Dollar Sports Tip, or terminate this Agreement and Your access to Dollar Sports Tip for any reason, including without limitation if We reasonably consider that You are in breach of any provision of these terms and conditions. We may, at Our discretion, terminate this Agreement and Your access to all or part of Dollar Sports Tip without the need to provide reasons.

Termination of this Agreement will not end those provisions of these terms and conditions that are capable of surviving the ending of the Agreement.

1.18 General provisions

Any waiver, in whole or part, of any rights available to Us under these terms and conditions is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only).

If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms and Conditions, in which case, the remainder of these Terms and Conditions shall nevertheless continue in full force.

Nothing in this Agreement shall impose a duty of care upon Us in respect of Your use of Dollar Sports Tip.

The laws governing this Agreement will be the laws in the State of South Australia; Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State.

2. DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires:

Agreement means the agreement between You and Us comprising these terms and conditions.

App means the mobile application called dollarsportstip and made available by Us.

Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, Dollar Sports Tip and the posting of any User Content on the Site or the App and includes, without limitation, those relating to equal opportunity, anti-discrimination, trade practices, fair trading, Intellectual Property, privacy and confidentiality.

Dollar Sports Tip means, collectively and individually, the Site, the App and the Service.

Harmful Code means any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.

Loss means loss or damage of any kind (including liability to a third party).

Materials means any content made available by Us via the Site or App (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts).

Registered User means a User registered with the Service.

Service means the provision of Tips in exchange for Tip Credits and other benefits for use through the Site, and the provision of any other products, information, resources or other services by Us on or through the App or the Site.

Site means the website operated by Us at www.dollarsportstip.com.

Tip means a tip predicting the outcome of any given sporting event (selected at Our discretion) provided by Us to a Registered User in accordance with these terms and conditions.

Tip Credit means a credit purchased by You that entitles you to one Tip.

User means any person who has access to, or uses, the App or the Site.

User Content means any text, information and other submissions (including, without limitation, any creative suggestions, ideas, notes, artwork, drawings, literary works, designs, concepts, content, materials or information of any nature) submitted to Us, or posted on the Site or the App, by a User.

We, Us, Our means dollarsportstip.com Pty Limited ABN 90 615 411 802 and its related bodies corporate and associates (as defined in the Corporations Act 2001 (Cth)). Registered Business Address: 100 Fullarton Rd Norwood, SA, 5067. Email: support@dollarsportstip.com

You, Yourself, Your means any person, business, company or organisation who is a User.