This Website (referred to in these Terms of Access and Disclaimer as the "Website") is owned and operated by AusTOTE Pty Limited ('AusTOTE') on the World Wide Web ("WWW").
The material on the Website is copyright © 2003 AusTOTE. All rights are reserved.
The Website is available for you to access conditional on your acceptance, without alteration, of the terms and conditions set out below. By continuing to access the Website you are confirming that you are at least 18 years of age and that you agree to the terms and conditions set out below. If you do not agree to the above, please exit this site immediately.
INDEX
1. Use of Material on the Website
2. Links to other Websites
3. Disclaimer
4. Use of information gathered
5. Termination of access
6. Alteration of Terms of Access
7. Relevant jurisdiction
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1. Use of Material on the Website
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1.1 |
Except for the limited use set out in para 1.2 you may not use the Website,
or the material contained on it, for any purpose. This involves:
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1.1.1 |
the reproduction of the material in any material form;
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1.1.2 |
the distribution of the material in any material form;
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1.1.3 |
re-transmission of the material by any medium of communication;
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1.1.4 |
uploading and/or reposting the material to any other site on the WWW;
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1.1.5 |
"framing" the material on the Website with other material on any other WWW site.
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The above are unlawful in any jurisdiction and are specifically prohibited
by these Terms of Access.
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1.2 |
Notwithstanding the above restrictions on use of the material on the Website, upon the
activation of your Betting Account you are authorised to download the Betting Module for
installation on your computer and subsequent use for placing bets with AusTOTE.
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1.3 |
You may not modify or copy:
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1.3.1 |
the layout of the Website; and/or
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1.3.2 |
any computer software and code contained in the Website including, but not limited to, the Betting Module.
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1.4 |
AusTOTE reserves all intellectual property rights, including, but not limited to, copyright
in material and/or services provided by it. The material provided on the Website which includes,
but is not limited to, the Betting Module, graphics, text, software, names, logos and trademarks
is protected by copyright, trade mark and other intellectual property laws, and may not, except
for the limited use set out in para 1.2, be:
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1.4.1 |
copied and/or reproduced in any way;
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1.4.2 |
re-sold and/or re-distributed in any material form;
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1.4.3 |
stored in any storage media; and/or
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1.4.4 |
re-transmitted in any media.
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without the prior written consent of AusTOTE
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2. Links to other Websites
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2.1 |
The Website may contain links to sites on the WWW owned and operated by third parties and
which are not under the control of AusTOTE.
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2.3 |
In relation to the other sites on the WWW, which are linked to the Website, AusTOTE:
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2.3.1 |
provides the links to other sites as a convenience to you and the
existence of a link to other sites does not imply any endorsement by AusTOTE of the linked site; and
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2.3.2 |
is not responsible for the material contained on those linked sites.
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3. Disclaimer
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3.1 |
AusTOTE gives no warranty, guarantee or representation about the accuracy, reliability or
timeliness or otherwise, of the information contained on the Website and/or linked sites
on the WWW.
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3.2 |
To the full extent permitted by law AusTOTE disclaims
any and all warranties, express or implied, regarding:
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3.2.1 |
the accuracy, reliability, timeliness or otherwise of any information contained or referred
to on the Website and/or of any linked sites; and
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3.2.2 |
merchantability or fitness for any particular purpose for any service or product
contained or referred to on the Website and/or on any linked sites.
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3.3 |
AusTOTE 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:
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3.3.1 |
acting, or failing to act, on any information contained on or referred to on the Website
and/or any of the linked Websites; and
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3.3.2 |
using or acquiring, or your inability to use or acquire, any service or product contained
or referred to on the Website and/or any linked sites.
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3.4 |
AusTOTE does not warrant guarantee or make any representation that:
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3.4.1 |
the Website, the Betting Module, or the server that makes the site available on the WWW are free of software viruses;
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3.4.2 |
the functions contained in any software contained on the Website, including but not limited to, the
Betting Module, will operate uninterrupted or are error-free; and
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3.4.3 |
errors and defects in the Website will be corrected.
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3.5 |
AusTOTE is not liable to you for:
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3.5.1 |
errors or omissions in the Website, or linked sites on the WWW;
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3.5.2 |
delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
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3.5.3 |
defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence
of AusTOTE, its employees or independent contractors, or through any other cause.
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3.6 |
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.
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4. Use of information gathered
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4.1 |
AusTOTE and/or people authorised by it may gather and process the information:
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4.1.1 |
which you may provide when accessing the Website, such as your name, address,
email address and other personal information about you; and
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4.1.2 |
regarding the way in which you use the Website including, without limitation,
information acquired through the use of "cookies" programmed during the accessing of the Website.
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5. Termination of access
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5.1 |
AusTOTE may terminate access to the Website at any time without giving any explanation or justification
for the termination of access, and AusTOTE has no liability for any costs, losses or damages of any
kind arising as a consequence of terminating access to the Website.
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6. Alteration of Terms of Access
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6.1 |
AusTOTE reserves the right to change these Terms of Access:
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6.1.1 |
with or without further notice to you; and
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6.1.2 |
without giving you any explanation or justification for such change.
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7. Relevant jurisdiction
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7.1 |
If any part of this Agreement is found to be void, unlawful, or unenforceable then that part
will be deemed to be severable from the balance of this Agreement and the severed part will not
affect the validity and enforceability of any remaining provisions.
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This Agreement will be governed by and interpreted in accordance with the law of Norfolk Island,
without giving effect to any principles of conflicts of laws.
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You agree to the jurisdiction of the courts of Norfolk Island to determine any
dispute arising out of this Agreement.
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