Best Bets Subscriber Terms and Conditions
This document sets out the terms and conditions for subscribers to Best Bets' online content, which is available only to individuals for their private, non-commercial use (Individual Subscribers) and not to organisations for multi-person use. These Subscriber Terms and Conditions (ST&C) are to be read in conjunction with the Best Bets' Privacy Policy and the Terms of Access to the Best Bets' website.
1. Acceptance of Terms
Racing.com Media Pty Ltd ACN 643 473 376 (Best Bets) provides its subscription service to you subject to the ST&C which may be updated from time to time and published on Best Bets' website - www.bestbets.com/web/subscriberterms (Website). Any changes to the ST&C will become effective once published on the Website.
Your use of the Website and registration of an account in order to become a subscriber is deemed acceptance of Best Bets':
- a)
- ST&C;
- b)
- Terms of Access; and
- c)
- Privacy Policy.
Best Bets reserves the right to suspend or terminate the account of a subscriber that is in breach of these ST&C or the Terms of Access.
2. Description of Services
Best Bets offers Individual Subscribers access to online Racebooks and Proform (Subscription Service) not available in the free sections of www.bestbets.com. Best Bets reserves the right to modify or discontinue, temporarily or permanently, the Service or any part of it, with or without notice. You agree that Best Bets' shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
3. Fees and Payments
Subscription fees are in AUD (including GST) unless otherwise stated.
Your payment details must be verified before your Subscription Service can be activated unless otherwise arranged. If payment is not received, your Subscription Service may be suspended or terminated. We reserve the right to reject any subscription order at any time. All subscription fees are non-refundable.
It is your responsibility to ensure that credit card details you provide are accurate and valid.
Best Bets reserves the right to change the subscription fees at any time. We will provide you with 30 days notice if the daily or annual pass of a subscription changes from what was stated at the time of your order.
4. Registration and Account Creation
In order to use the Subscription Service you will be required to register and create an account. You will provide Best Bets with certain registration information, all of which must be accurate and up-to-date. You will be solely responsible for maintaining the confidentiality of your password and for all usage activity on your account.
You must be over 18 years of age to subscribe to the Subscription Service.
You must not impersonate or create a membership for any person other than yourself. We may at any time request a form of identification to verify your identity.
Questions about your Subscription Service or these ST&C can be made by telephone 1300 737 966 or email using the form on our contact us page.
5. Non-Transferability of Subscription
Your right to use the Subscription Service is personal to you alone and you may not sub-licence, transfer, sell or assign your subscription to any third party without our prior approval. Any attempt to do so will void the Subscription Service.
You may not utilise your subscription to provide hosting or establish connections for other users or organisations. At no time can there be more than one digital subscriber accessing a single user digital subscription and you must not share your login details with other users or organisations.
Downloads of Racebooks and Proform are for the personal use of an Individual Subscriber only and they may not be shared or reproduced with any third party without our prior approval. One copy only of a Racebook or Proform may be printed by an Individual Subscriber for his or her personal use.
6. Subscription Renewal and Cancellation
If you have subscribed to an annual pass, Best Bets will email you approximately one month prior to the end of your subscription with an opportunity to renew your subscription.
Best Bets' will cancel your subscription upon receipt of such notification from you. If you request a cancellation prior to the end of the 12 month period for an annual pass, you will not receive a refund of the subscription fees you have paid.
Daily passes cannot be cancelled and are non-refundable.
7. Accuracy, Completeness and Timeliness of Information
You use the Website at your own risk.
Information (including but not limited to results, statistics, data, odds, figures, form comment) posted on our Website is provided on an 'as is' basis and is for your information only and is not intended to amount to advice on which reliance should be made.
Best Bets is not responsible if information is neither accurate, complete nor current.
Occasionally there may be information on the Website or in the Subscription Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors inaccuracies or omissions and to change that information at any time without prior notice.
8. Disclaimer
The material on the Website is provided for your information only. It is not intended as advice and accordingly should not be relied upon as such. Best Bets:
- a)
- gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the material/information contained on the Website and/or Subscription Service;
- b)
- to the full extent permitted by law, disclaims any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any material/information contained or referred to on the Website and/or Subscription Service;
- c)
- will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you acting, or failing to act, on any material/information contained on or referred to on the Website and/or Subscription Service;
- d)
- does not warrant, guarantee or make any representation that:
i. the Website and/or Subscription Service, or the server that makes the Website and/or Subscription Service available on the world wide web are free of software viruses;
ii. the functions contained in any software contained on the Website and/or Subscription Service will operate uninterrupted or are error-free; and
iii. errors and defects in the Website and/or Subscription Service will be corrected. - e)
- is not liable to you for:
i. errors or omissions in the Website and/or Subscription Service;
ii. delays to, interruptions of or cessation of the services provided in the Website and/or Subscription Service; and
iii. defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Best Bets, its employees or independent contractors, or through any other cause.
You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website and/or Subscription Service.
9. Indemnity
You warrant to Best Bets that you will access the Website and/or Subscription Service in a responsible manner and comply with the ST&C. If Best Bets suffers any loss or damage or incurs any costs whatsoever in connection with any breach of any of the ST&C or any other legal obligation then you agree to indemnify Best Bets for the losses, damages and costs it occurs as a result of your action (or failure to act).
10. Personal Information
Your submission of personal information through your subscription is governed by the Best Bets Privacy Policy which can be viewed at www.bestbets.com/web/privacy.
11. General
If any provision of these ST&C are found to be void, unlawful, or unenforceable then that provision will be deemed to be severable, and the severed part will not affect the validity and enforceability of any remaining provisions.
These ST&C are governed by and interpreted in accordance with the law of the State of Victoria, Australia. You agree to the jurisdiction of the courts of the State of Victoria, Australia to determine any dispute arising out of these ST&C.