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News1. General
PuntersClubHero (referred to as "PCH", "we", "us", "our") a business of The Great Tip Off Pty Ltd ACN 140 182 609 is the owner of this 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 as amended from time to time 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 PCH. PCH reserves the right to revoke or limit your access to this Site, or participate in any Punters Club run from this Site or to use any software belonging to GTO, at any time and in the sole and absolute discretion of PCH, without providing prior notice or reasons to you. PCH accepts no responsibility for any damage or loss that may be caused to you or any third party as a result of PCH exercising this right.
2. Definitions
In these Terms and Conditions, unless inconsistent with the context:
"Betting Facility" means the facility which includes access to the Personal Betting Account and to the Punters Club Betting Account through the Ladbrokes.com.au Website;
"Betting Funds" means the funds that are deposited by Members of a Punters Club for the purpose of being transferred into the Punters Club Betting Account in accordance with the Participation Rules;
"Betting Period" means the time frame in which Members must place their bets for the Punters Club when it is the turn of that Member to bet, such time frame to be determined in accordance with the Participation Rules;
"General Member" means a Member who is not a Manager;
"GTO" means The Great Tip Off Pty Limited A.C.N. 140 182 609;
"GTO Software" means all of the software used on or in conjunction with, or referred to, on this Site or related websites;
"Manager" means the manager of the Punters Club, being a Member who sets up the Punters Club;
"Member" means any person who joins and becomes a member of a Punters Club, including General Members and Managers;
"Participation Rules" means the rules governing participation by Members in a Punters Club and the way in which the Punters Club shall operate as determined by the Manager and referred to in clause 7 below;
"Payout Figure" means the amount payed to a Member who chooses to draw their stake from the Punters Club. The Payout Figure is calculated by the GTO Software as follows: CA + RS + SMS Costs Where: CA refers to the amount contributed by a Member that has been banked for the benefit of the Punters Club; RS refers to the sum of your relevant shares of the winnings of the Punters Club, where your share for each betting period is calculated as a percentage of the total Punters Club winnings where the percentage equals your Punters Club contribution divided by the sum of all Members contributions for the round x 100;
"PCH" means The Great Tip Off Pty Limited A.C.N. 140 182 609 trading as Punters Club Hero and in its own right;
"Personal Betting Account" means the personal betting account opened by each Member with Ladbrokes.com.au through the Site;
"Personal Winnings Amount" means the amount that may be claimed by a Member as winnings through the relevant Punters Club;
"Punters Club" means any punters club set up on this Site or any other website using the GTO Software, where a "punters club" is a group of people who wish to bet together under rules, agreed by all members of the group, which determine betting responsibilities, funds contributed into the punters club and time periods in which designated betters can bet.;
"Punters Club Bank" means the total of funds contributed by Members for Punters Club savings and any winnings from Punters Club betting accounts transferred at the end of the betting period.
"Punters Club Betting Account" means the betting account that is opened by the Manager with Ladbrokes.com.au through the Site, being the account through which all bets of the Punters Club will be made;
"Punters Club Contribution" means funds debited from a Member’s nominated credit card as per the Participation Rules. These funds include Betting Funds and may also include Punters Club savings.
"Punters Club Savings" means Punters Club Contributions which are specifically allocated to savings for the Punters Club. These funds cannot be bet by the Punters Club.
"Relevant Purchases" means purchases that are made by Members on or through this Site including SMS Costs;
"Site" means http://members.puntersclub.com.au;
"SMS Costs" means all out-of-pocket expenses attributable to a Member and incurred by PCH, or an entity associated with PCH, in communicating with that Member by way of text message through a mobile telephone device;
"Terms and Conditions" means these terms and conditions as amended from time to time, being the terms and conditions governing the use of this Site by any person or entity;
"Bookmaker" means Ladbrokes.com.au Pty Limited A.C.N. 151 956 768;
"Bookmaker Website" means the website owned and operated by Bookmaker through the domain ladbrokes.com.au
3. Modifications of Terms and Conditions
PCH 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.
4. 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. PCH takes no responsibility for any errors that may occur as a result of you providing PCH with incorrect, incomplete, outdated or otherwise invalid information.
Any personal information supplied by you through this Site at the request of PCH will be used by PCH 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.
5. GTO Software
GTO is the owner of, and has absolute title to all GTO Software.
6. Punters Club Concept
This Site facilitates the organisation and administration of Punters Clubs. This Site offers you the opportunity to start and manage your own Punters Club and/or join a Punters Club. In respect of any Punters Club, the Manager will be responsible for setting the Participation Rules.
Whilst this Site facilitates the set up and administration of Punters Clubs, no bets are placed through this Site. All bets are placed with Bookmaker, licensed in the Northern Territory, using the Bookmaker Website.
7. Participation Rules
All Members, whether Managers or General Members must be 18 years or older and are bound by specific rules which govern participation in a Punters Club. These rules are proposed by the Manager, agreed to by you as a Member and will be applied in accordance with these Terms and Conditions. Additional rules may be introduced from time-to-time by the Manager and General Members agree to these changes through their ongoing participation in the club. It is each General Member’s responsibility to keep updated with any changes to club rules.
8. Creating a Punters Club
In order to create a Punters Club, a prospective Manager must apply to PCH to create a Punters Club, including completing the application form available on this Site which requests certain personal information, including credit card details. Any application to create a Punters Club by a prospective Manager must be approved by PCH and Bookmaker. Any one or more of PCH or Bookmaker may refuse to accept an application to create a Punters Club on any grounds whatsoever in the sole discretion of that party, without any need to disclose any reason.
9. Membership
There are two (2) different types of members in any Punters Clubs, being: (a) the Manager; and (b) General Members.
10. Registration Information
(a) PCH will create and maintain a register of Punters Clubs and, for each Punters Club, the full name and address of the Manager. (b) PCH will create and maintain a register of Members, and for each Member, the full name and address of the Member and the Punters Club to which the Member belongs
Please note that the registers created and maintained by PCH under this clause will be created and maintained in reliance on the information provided to PCH by Members.
11. Charge backs
We reserve the right to recover any costs associated with charge backs for disputed credit card transactions. Charge back recovery includes the actual disputed amount and any costs incurred from banking instituions at a minimum.
12. Manager Responsibilities
Each Punters Club must have a Manager and there is only one Manager in each Punters Club. The Manager is responsible for: (a) the administration of the Punters Club; (b) being the point of contact in relation to the Punters Club; (c) ensuring that all of the details of the Punters Club are maintained and kept up-to-date through this Site; and (d) inviting candidates, or potential candidates, to apply for membership of the relevant Punters Club as a General Member; (e) reviewing and then accepting or rejecting applications for membership of the relevant Punters Club lodged by prospective General Members.
If you are a Manager of a Punters Club, you are automatically deemed to be a Member and are therefore bound by all Participation Rules and requirements imposed on General Members, including as set out below.
13. General Member Responsibilities
An application for general membership by a Member must be approved by the Manager, PCH and Bookmaker. Any one or more of the Manager, PCH or Bookmaker may refuse to accept an application for general membership on any grounds whatsoever in the sole discretion of that party, without any need to disclose any reason.
In order to be eligible to be considered for membership as a General Member of a Punters Club, any prospective Member, must: (a) complete the application form available on this Site which requests certain personal information, including credit card details; (b) be approved by the Manager of that Punters Club or be invited by the Manager if the Punters Club is a private Punters Club; (c) provide approval for ongoing debits to their nominated credit card for agreed contributions to the Punters Club Bank and for other agreed expenses and including SMS Costs; (d) agree to be bound absolutely by the Participation Rules.
Each deposit which is not turned over as part of an operating punters club will be charged a $5 administration fee when it is cashed out. For example 5 deposits not turned over will incur a fee of $25 (5 x $5) when cashed out.
Manual cashout of Punters Club funds to bank accounts will incur a $25 administration fee for the associated transaction costs.
14. Manager Rights
In addition to the rights afforded to General Members, as set out below, Mangers shall each have the following rights in relation to their respective Punters Clubs: (a) to accept or reject applications for membership of the Punters Club lodged by prospective General Members and invite people to become members of the Punters Club; (b) to suspend or expel Members of the Punters Club (subject to the procedures set out in clause 20; (c) to set the Participation Rules to govern the operations of the Punters Club; (d) to nominate a General Member to be appointed as Manager of the Punters Club; and (e) to close the Punters Club in accordance with clause 21. (f) to change certain Participation rules of the Punters Club
15. General Member Rights
Members shall each have the following rights in relation to their respective Punters Clubs: (a) access the members-only section of this Site in order to view the information relevant to that Member's Punters Club, including the Betting Facility; (b) participate in the punting process described in clause 18; (c) participate in online social networking between Members of that Punters Club; (d) to be notified of any changes proposed to be made by the Manager to the Participation Rules governing that Punters Club; and (e) be nominated and accept nomination as the Manager of the Punters Club (on the understanding that once a General Member is appointed as Manager, the rights and obligations set out above in relation to Managers shall apply to the General Member in his or her role as Manager from the date of appointment). (f) to request receipt of their Payout-figure and leave the Punters Club.
Offline Players
The Club Manager acknowledges that Offline players are not actually betting or participating in any betting activity associated with the Punters Club. All betting decisions and bets are placed by the Manager as the betting account holder and are not placed on behalf of any other person.
16. Member Access to Funds
Members can cash out of the Punters Club Betting Account at any time. Any amounts that a Member elects to cash out of the Punters Club Betting Account shall be transferred to the Personal Betting Account of that Member and the Member may then elect to withdraw those funds from the Personal Betting Account at any time.
17. Punters Club Betting Account
A Punters Club Betting Account is opened automatically on the on the Managers behalf when they start a Punters Club. PCH shall make deposits and withdrawals in respect of each Punters Club in accordance with the Participation Rules. All bets must be placed by Members in accordance with the Participation Rules.
18. Personal Betting Accounts
You will be required to open or link to a Personal Betting Account prior to becoming a Member. Members will be able to access their Personal Betting Accounts securely through this Site. All activities in relation to the Personal Betting Accounts are governed by the terms of use on the Bookmaker Website, other than authorised debits in relation to the Punters Club. For each Member, PCH will request the creation of a Personal Betting Account with Bookmaker or will link to an existing Personal Betting Account .Each Member will only ever have one Personal Betting Account, regardless of the number of Punters Clubs to which the Member belongs.
19. Transaction Records
For each Punters Club, PCH will create and maintain the following: (a) the Punters Club Bank; (b) the Punters Club Betting Account; (c) a history of transactions and a running total of funds accumulated by the Punters Club in the Punters Club Bank and the Personal Betting Account; and (d) a system identifying the Manager and the current and next Members to place bets on behalf of the Punters Club.
Other than as outlined above, PCH has no obligation to maintain any other records.
20. Punting
Generally, and subject to the Participation Rules applicable to each Punters Club, punting will occur as follows: (a) PCH will arrange the transfer of the amount of the Punters Club Contribution from the credit card nominated by each Member of the Punters Club, to the Punters Club Bank of the Punters Club; (b) at the start of each Betting Period, PCH will transfer an amount equivalent to the amount of the Betting Funds from the Punters Club Bank to the Punters Club Betting Account of the Punters Club; (c) the Member(s) whose turn it is to bet on behalf of the Punters Club for the Betting Period will be notified and will be able to place bets through the Betting Facility during the Betting Period, using the Betting Funds in the Punters Club Betting Account; (d) once the Betting Period expires in respect of the Member whose turn it is to bet on behalf of the Punters Club, the betting responsibilities for the Punters Club will transfer automatically to another Member; (e) any winnings from the bets placed by Members will be added to the Punters Club Betting Account; (f) if requested by the Member or pursuant to the Participation Rules, PCH will send, at the cost of the Member, an SMS to the Member’s mobile phone containing details of any bet placed, and the results of any bets; and (g) at the end of each Betting Period, all money in the Punters Club Betting Account will be transferred to the Punters Club Bank.
21. Non-Payment of Punters Club Contribution
In the event that PCH Is not able to transfer the Punters Club Contribution or any Member to the Punters Club Bank or the Betting Funds from the Punters Club Bank to the Punters Club Betting Account for any reason, including that the Member has supplied incorrect credit card information to PCH or that the credit card is declined, this may affect the ability of the Member or the Punters Club to participate in betting. In these circumstances, PCH will not be held liable for any loss suffered by the Member or the Punters Club, including for loss of opportunity or for lost winnings.
22. Resignations from Punters Clubs
A Member may resign from membership of a Punters Club through the Site and in accordance with clause 15.
23. Suspension or Expulsion from Punters Clubs
If, for any reason, a Manager or PCH, or both, determine that a Member should be suspended or expelled from the Punters Club, and the relevant Member is not able to satisfy the Manager and PCH that the Member should not be suspended or expelled, then the Manager or PCH, or both, may in their absolute discretion decide to suspend or expel that Member. The Member shall be notified in writing of any decision to suspend or expel the Member (without any requirement to provide any explanation) and the suspension or expulsion shall take effect immediately from the date of that notice in writing. In the event of a Member being expelled, the Member will receive the Payout Figure which the Member would have been entitled had that Member resigned, except where the expulsion results from fraud or suspected fraud by the Member (and then only to the extent that the fraudulent conduct justifies withholding any or all of the Payout Figure as determined in the sole discretion of PCH).
24. Self excluded members
Members who self-exclude from Ladbrokes automatically and immediately exclude themselves from the PCH site.
When members execute a self-exclusion request on the Ladbrokes site they will no longer have access to the PCH site. Self-excluded members may not create, join or participate in a punters club at any time when they are self-excluded from Ladbrokes.
Self-excluded members must email PCH using the contact form on the PCH site to recover their remaining punters club funds.
Upon receiving a self-exclusion notice from the member, PCH will confirm the identity of the self-excluded member, transfer their remaining PCH balance into their nominated bank account and close their PCH account.
If the self-excluded member is the Manager of one or more punters clubs on the PCH site the members of these clubs will be notified of our intent to close the punters club. Members will be given the option of starting another club on the PCH site and transferring their remaining punters club funds balance to the newly created punters club. The members may also choose to cashout their funds.
A punters club where the Manager has self-excluded, will be closed by PCH after each member has either cashed out or transferred their remaining club balance to another club on the PCH site.
25. Closing a Punters Club
PCH or, by notifying PCH of their intention to do so, a Manager, may close a Punters Club at any time, at which point: (a) all Members will be deemed to have resigned from the Punters Club (and their accounts processed accordingly); (b) the Punters Club Bank and Punters Club Betting Account for the Punters Club will be closed; and (c) access to the Punters Club will be cancelled.
26. Errors
Whilst we will use our best endeavours at all times to avoid the miscalculation of amounts or the incorrect transfer, withdrawal or deposit of funds, in the event that such an error occurs, you must immediately notify PCH of the error. You agree to indemnify and keep indemnified PCH in respect of any financial gain that you receive as a result of any systemic, technological or human error and must do all things necessary to assist PCH to rectify any such error.
27. 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.
PCH 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 PCH 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, PCH 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. PCH 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 PCH. PCH reserves the right to monitor any and all activity on the Site and PCH may notify the proper law enforcement officials if any suspicious activity is detected.
28. 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). PCH reserves the right, but has no obligation, to become involved in any way with these disputes. In the event that PCH elects to become involved with any dispute, the decision of PCH is final and no correspondence will be entered into.
29. 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 PCH. PCH has no control over the content or activities undertaken on any Third Party Site and PCH 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.
30. 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).
31. Advertising
You consent to the use of cookies by any third party advertisers on the Site.
32. 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.
33. 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.
34. 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 PCH 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, PCH limits its liability in respect of any claim under those provisions to, at PCH's option: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.
Whilst we will take all reasonable precautions to ensure that the GTO Software is functioning properly, you use this Site and participate in the Punters Clubs at your own risk. You acknowledge that the efficient and proper functioning of the GTO Software, or any other software or other technology cannot be guaranteed and you agree to use this Site and participate in activities through this Site on that basis. PCH is not liable for any malfunction, breakdown or other systemic issue that may occur in the course of you accessing or using or participating in any of the activities offered through this Site.
For the avoidance of doubt, Bookmaker provides and administers all betting facilities in relation to all Punters Clubs and is responsible for the Betting Account.
35. 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.
36. Limitation on Use
All content appearing on or included in the Site and produced, published, displayed, transmitted or created by PCH, including site layout, design, images, programs, text and other information (collectively, the "Content") is the property of PCH 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 PCH, such consent may be withheld at the sole and absolute discretion of PCH.
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. PCH 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 PCH (such consent may be withheld in the sole and absolute discretion of GTO). You acknowledge and accept that PCH 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 PCH. PCH 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.
37. 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).
38. 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.
39. 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 trading as Punters Club Hero ("PCH"). All rights reserved. No part of this Site may be reproduced in any manner without the express written permission of PCH.