Terms and Conditions (Effective from 22.12.2016)
In these Rules:
- “ProTippa”, “we”, “our” or “us” means Entertainment Associates Pty Ltd (“EAssociates”), a company incorporated in Australia (ACN 612 365 518), and with its registered office at Unit 6, 207 Bulwer Street, PERTH Western Australia 6000.
- “You”, “Your”, “Member” means any person using the Platform or the services of ProTippa.
- The “Platform” means any part of the ProTippa.com.au website, any other website or downloadable Applications that we own (including but not limited to the ProTippa Application) (the “Platform”) and/or any account on the Platform.
- “Bookmaker” means a third party betting service provider, agency or bookmaker with which ProTippa has entered into an affiliate arrangement or agreement.
- “Feeds” means odds, live content, content and commentaries provided instantaneously by a third party provider, including a Bookmaker.
- “Members” means people applying or that have a registered account on the Platform.
Application of these Terms
- In the event you do not accept the Terms, do not use the Platform.
- Using any part and/or registering an account on the Platform means that you agree to be bound by these Terms and are deemed to have accepted and understood all the terms that constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to their subject matter.
- ProTippa promotes its Platform through marketing and communications aimed at people over 18 years old only. ProTippa does not market to individuals for whom gambling has become a problem.
- ProTippa does not permit anyone under the age of 18 years old to use and/or register a ProTippa account on the Platform. If we have reasonable suspicion to believe that an individual under the age of 18 is using the Platform or has registered an account, ProTippa, in its sole discretion, may suspend or cancel the account and/or prohibit the individual from any further access to the Platform.
- The access and/or use the Platform may be illegal in the country you are accessing it from. By using the Platform you have exercised your duty of checking if the content of this website and the services provided on the Platform is compliant with the laws of the jurisdiction you are located in. ProTippa disclaims all responsibility for your compliance with the laws of your jurisdiction in using the ProTippa services, the ProTippa Application, website and Platform (including any registration or use of an account on the Platform).
- In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
- If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
- In the event of any inconsistency between these Terms and any guidelines or rules posted on the Platform, these Terms shall prevail.
- The rights and remedies provided by these Terms are cumulative and, subject to clause 10 of these Terms, do not exclude any other rights or remedies available in law.
- Nothing in these Terms shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and no party shall have authority to bind any other in any way unless expressly provided otherwise in these Terms.
- You are expected to execute or cause to be executed all documents consistent with these Terms that ProTippa may from time to time reasonably require in order to vest ProTippa in the full benefit of rights and benefits to be transferred or granted to ProTippa.
- Any notice to be given under these Terms must be in writing, in English and may be served by hand delivery at, or by express post, recorded delivery or registered post or fax to: (i) in the case of ProTippa, the address of EAssociates as set out at the beginning of these Terms; and (ii) in respect of notices given by ProTippa to you, pursuant to the member registration procedure (including any amendment to those details you have notified ProTippa on the Platform).
- Any notice shall be deemed to have been received: (i) if delivered by hand, at the time of delivery; (ii) if sent by recorded delivery or registered post, at 08.00 (WAST) on the second clear day after the date of posting; (iii) if sent by pre-paid registered airmail, at 08.00 (WAST) on the fifth clear day after the date of posting; and (iv) if sent by fax, at the time of transmission by the sender.
- We reserve the right to change the Terms from time to time for a number of reasons (including to comply with applicable laws and regulations, and regulatory requirements). All changes will be notified to you by publication of the amended Terms on the Platform and amending the date indicated at the top of the Terms. The most up to date Terms will be available on the Platform at Terms. The changes to the Terms will take effect immediately upon notice of the changes being published. If any change is unacceptable to you, you should cease using the Platform and/or close your account. If, however, you continue to use the website, the Platform and/or your account, after the date on which the changes to the Terms come into effect, you will be deemed to have accepted, and consented to be bound by, those changes.
- Even though ProTippa is an odds provider and tipping centre and does not take, make or facilitate the making of any bets or wagers, ProTippa uses its best endeavours to provide the customer with excellent customer service. As part of that task, ProTippa is committed to supporting responsible participation in the Platform by its customers.
- ProTippa: (i) makes every reasonable effort to prevent self-excluded members from returning and using our service; (ii) provides the customer with disclaimers, help links and hotlines to help you control your spend (you can access these via the “My Account” section of our Platform); and (iii) provides a self-exclusion facility to help you if you feel that you are losing control of your play and spending habits on gambling activities and would like help restricting your access to betting information and betting operators. . We will prevent you, upon your request, from using your account indefinitely.
- If you are a self-excluded customer: (i) you must not attempt to open/use an account; (ii) you are fully liable for your actions, and for all activity on your account; and (iii) subject to these Terms, if ProTippa considers that you have deliberately circumvented our controls (e.g. by opening a duplicate account) while you are self-excluded, the said account(s) will be closed.
- ProTippa disclaims any claim that the Platform entices the customer to gamble. For the avoidance of the doubt, ProTippa does not accept any responsibility or liability if you nevertheless continue participate in the Platform and/or seek to use the Platform with the intention of gambling deliberately with, or on the websites of, any third party betting service provider or bookmaker we are affiliates with (Bookmaker).
- Should a Member deliberately falsify any ID or any other details for any purpose associated with applying for an account or any other reason, ProTippa reserves the right to suspend the account and/or close the account without prior notification to the Member.
- Members may open only one account with ProTippa. Should we identify any customer with more than one ProTippa account, we reserve the right to treat any such accounts as one joint account and/or close any secondary accounts.
- Members shall keep their registration and account details up to date. This, and your account information, may be amended in the ‘Member’ section of the Platform.
- ProTippa allows all its Members to choose a personalised username and password combination. Members shall keep this information personal and confidential and accepts that any activity taking place on the account is deemed to be conducted by the verified Member whether or not authorised by the Member.
- If, at any time, you feel a third party is aware of your user name and/or password you should change it immediately via the Platform.
- If your device has an activated Touch ID function, ProTippa will not be responsible for verifying that the fingerprints are the Member’s. ProTippa does not collect your fingerprint/s and your fingerprint/s will be stored on your device only. You are responsible for the security of your device(s) and any other activities taking place on your account.
- A Member must immediately notify ProTippa of any matter (including any potential mental impairment) which may lead us to reasonably infer that your ability to make sound judgments in relation to your account may be impaired.
- You are responsible for reporting your winnings and losses to the tax and/or other authorities in your jurisdiction.
- ProTippa will seek criminal and contractual charges against any customer involved in fraudulent, dishonest or criminal acts via or in connection with the Platform. The Member shall indemnify and shall be liable to pay to ProTippa, on demand, all Claims arising directly or indirectly from the Member’s fraudulent, dishonest or criminal act.
- You acknowledge and agree that the Platform may only be used for the purposes of finding odds, tips and external data from other Members or websites ProTippa is affiliated with and/or Bookmakers in relation to racing, sporting or other events approved by ProTippa.
- You must not use the Platform for any purpose which (in ProTippa’s opinion) is illegal, defamatory, abusive or obscene, or which ProTippa considers discriminatory, fraudulent, dishonest or inappropriate.
3. ProTippa’s Platform, accounts and content
Platform and content
- ProTippa is an odds provider and a tipping centre where tips are recommended to the Members using external data and the Platform is used to introduce any interested punters to affiliate websites and ProTippa is only the provider of the Platform which may provide you with information about, and access to, the services and products of Bookmakers.
- For the avoidance of doubt, you acknowledge and agree that:
- we do not take, make or facilitate the making of any bets, nor is ProTippa your agent or the agent of a third party betting provider in relation to any bets you may make with a
- if you wish to make a bet with a Bookmaker, you must open a betting account with that Bookmaker and this betting account is governed by the terms and conditions of that ProTippa has no control, responsibility or liability for any activity that occurs on your betting account with any Bookmaker.
- ProTippa has no responsibility over and makes no representations or warranties relating to, the security of the websites, apps, products and/or services provided by any
- all transactions relating to bets made are between you and the You are not entitled to receive any payment from ProTippa in respect of any bets you place with a Bookmaker.
- each time the ProTippa service directs you to a Bookmaker and you sign up for an account with that Bookmaker, we will receive a payment from that Bookmaker. We may also receive a payment from that Bookmaker for each subsequent bet you place with that Bookmaker, regardless of whether you use our service to place the bet. You acknowledge that you are not entitled to any payment referred to in this sub-clause.
- ProTippa receives Feeds from a number of suppliers, such as the Bookmakers. Some content providers may require you to agree to additional terms and conditions governing the use of their Feeds. If you do not accept the relevant third party terms and conditions, do not use the relevant Feeds.
- You agree and acknowledge that all Feeds shown on the ProTippa website or Platform (including any odds provided by Bookmakers) are the responsibility of the third service provider who provides the Feed. ProTippa does not accept any liability for any errors in prices, odds, incorrectly calculated winnings, events or markets shown on the Platform or any changes to the Feeds and disclaims any liability for any loss suffered by you or any other party as a result any errors, unavailability or inaccuracies in the Feeds.
- ProTippa has no control over the content of external links placed on the Platform for the Member’s convenience, and accepts no liability for them or for any loss or damage that may arise from your use of them.
- The inclusion of a link to a third party website does not constitute an endorsement of that third party’s websites or content.
- All information relating to race fields, including entry numbers, scratchings, odds and statistics is provided by the Bookmakers and ProTippa is not responsible for the accuracy of the information. All race fields information should be checked with an official source.
- Information accessed by you on the Platform (including results, statistics, sporting data and fixture lists, odds and betting figures) is for your personal use only and the distribution or commercial exploitation of such information is strictly prohibited.
- The Feeds are not intended to amount to advice or recommendations and are provided for information purposes only. The Feeds should therefore not be relied upon when placing bets/wagers, which are made at your own risk and discretion.
Use of ProTippa Platform
- In order for you to use the Platform you may need to download some software (for example, a flash player may be required or you may need to download the ProTippa Application). Also, certain third party product providers may require you to agree to additional terms governing the use of their products. If you do not accept those third party terms, do not use the relevant third party software. ProTippa is not responsible for, and does not accept any liability, in respect of any third party software.
- You are only permitted to use any and all software made available to you via the Platform for the purpose of using the services on the Platform and, save to the extent permitted by applicable law and for no other purposes whatsoever.
- While ProTippa endeavours to ensure that the Platform is permanently available to the Member, ProTippa shall not be liable if for any reason the Platform is unavailable at any time or for any period.
- ProTippa reserves the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the Platform and the content or services available through it, including the Member’s access to it.
- Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the Platform.
- ProTippa does not guarantee a service without faults or errors nor without interruption.
- ProTippa does not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider
- For customers using portable devices such as mobiles and tablets, ProTippa will not be held liable for any damage to or loss of data from the mobile device that the software is installed.
- A support team is at the Member’s service in the event of a technical issue. ProTippa will provide the Member with assistance for the Member’s convenience.
- You must not misuse the Platform by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Platform or any part of it; any equipment or network on which the Platform is stored; any software used in connection with the provision of the Platform; or any equipment, software or Platform owned or used by a third party. You must not attack ProTippa Platform via a denial-of-service attack.
- ProTippa will not be liable for any loss or damage caused by a distributed virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to the use of the Platform, software or to your downloading of any material issued from it.
- If your account remains inactive for a continuous period of 90 days then your account shall be deemed to be dormant and the Member will be notified of the account’s inactivity.
- If your account remains dormant, after a minimum period of 28 days following ProTippa’s first attempt to notify the Member that the account has become dormant, ProTippa shall close the account. ProTippa shall not be held liable for any loss of information consequent to the closure of the Member’s account.
- You can ‘reactivate’ your account by logging in the dormant account. However, if your account has been closed, you will need to register for a new account in accordance with these Terms.
4. Promotions and Offers
- All Bookmaker promotions and offers referred to on the ProTippa website is the sole responsibility of the Bookmaker to which the promotion/offer applies. ProTippa does not organise or manage and is not responsible for, these promotions and offers of the Bookmakers.
- In relation to all Bookmaker offers and promotions, the specific terms and conditions of the Bookmakers will apply to that offer or promotion. We recommend that you read these terms and conditions carefully and ensure that you understand and agree with them, before participating in the offer or promotion.
- Occasionally, ProTippa may offer our own promotions or offers which are independent from any promotion conducted bya In relation to these ProTippa promotions, you acknowledge that specific terms and conditions may apply to the promotions which will be offered at the sole discretion of ProTippa and that, by participating in any promotion of this kind, your participation will be subject to those terms and conditions.
- Any terms and conditions applicable to the relevant offer or promotion prevail in the event of any inconsistency with these Terms.
- All promotions andoffers are limited to one per person, family, household address, email address, telephone number, mobile device, application download and shared tablet or computer, e.g. public library or workplace. We reserve the right to withdraw the availability of any offer or all offers to any Member or group of Members at any time and at our sole and absolute discretion.
- Offers only apply to customers who have made an actual/real money deposit with a company for which ProTippa is an affiliate.
5. Termination and closure
- If you want to close your Member account, please follow the instructions in your Member section to delete the said account.
- ProTippa reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, ProTippa shall be entitled to close or suspend your account if:
- the Member becomes bankrupt;
- ProTippa considers that the Member has used the Platform in a fraudulent manner, for illegal and/or unlawful or improper purposes or in contravention with these Terms;
- ProTippa considers that you have used the Platform in an unfair manner or have deliberately cheated or taken unfair advantage of ProTippa or any of its customers;
- ProTippa is compelled to do so by any authority or court;
- ProTippa considers, on reasonable grounds, that any of the events referred to above may have occurred or are likely to occur; or
- The Member’s account is deemed to be dormant after notice to the Member in accordance with clause 3.4 of these Terms.
- While the Platform takes all care in the verification of identity, ProTippa will take no responsibility nor warrants the accuracy of the information given by someone nor its falsification.
- Your personal information may be disclosed to or shared with our related companies, third party suppliers, providers, affiliates (for example, the Bookmakers) for the purposes of assisting in the conduct of our business and providing you with the services on the Platform and website (including, but not limited to assisting you to access the services of the Bookmakers).
- ProTippa will not be liable for any errors in respect of the Member’s bets or wagers or any other information on the Platform or on the website, including where ProTippa has incorrectly stated the relevant odds/spreads/handicap/totals.
8. ProTippa’s Rights
- ProTippa may assign, transfer, charge, sub-license or deal in any other manner with these Terms, or sub-contract any of its rights and obligations under these Terms, to any party including any company within ProTippa’s corporate structure.
9. ProTippa’s Intellectual Property
- The contents of the Platform are protected by international copyright laws and other intellectual property rights. The owner of these rights is ProTippa, its affiliates or other third party licensors as the case may be.
- Company names, names and logos mentioned on the Platform are the trade marks, service marks, copyrights or trading names of their respective owners, including ProTippa. Any use of this intellectual property is strictly prohibited without the permission of ProTippa.
- Except to the extent required to use a product for the purpose of promoting your tips, no part of the Platform may be reproduced or stored, modified, reverse engineered, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other Platform or in any public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software without our express prior written consent.
- You acknowledge and agree that all data relating to betting tips you make on the ProTippa Platform will be collected, stored and will become the intellectual property of, ProTippa. You acknowledge and agree that ProTippa may use this data for statistical purposes and/or marketing purposes, including but not limited to, providing the data to third parties as big data.
- If you make use of a feature that allows you to upload material, information, comments, postings or other content to the Platform (“Publication”), then the Publication will be considered to be non-confidential and non-proprietary and ProTippa has the right to use, copy, distribute and disclose to third parties any Publication for any purpose.
- You acknowledge that you remain responsible for any Publication you make on the Platform and any Publication made on any other social media website (for example, sharing or posting odds or tips to Twitter or Facebook).
- You agree that you will not publish, upload or post any material, information, comment or other content, either on the Platform or on any other social media website, any Publication which advertises, encourages or induces another person to participate in gambling activity or open a gambling account.
- You acknowledge and agree that ProTippa reserves the right in its sole discretion to remove and/or prohibit any material, information, comments, posting or other content on the Platform or any other social media website from being published on the basis that the publication may be in breach of the law or for any other reason.
- ProTippa also has the right to disclose your identity to any third party who is claiming that any Publication posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights or of their right to privacy. ProTippa has the right to remove, amend or edit any Publication you make on the Platform.
- Any commercial use or exploitation of the Platform or its content is strictly prohibited except for the pro-Member wanting to expose its credentials to external sources after obtaining prior consent from ProTippa.
- ProTippa hereby grants to you a personal, non-exclusive, non-transferable right to use the relevant software for the sole purpose of using/accessing ProTippa’s services on the Platform, in accordance with the following provisions.
You are not permitted to:
- install or load the software onto a server or other networked device or take other steps to make the software available via any form of “bulletin board”, online service or remote dial-in or network to any other person;
- sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in these terms)your licence to use the software or make or distribute copies of the software;
- enter, access or attempt to enter or access or otherwise bypass ProTippa’s security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or the Platform or attempt to make any changes to the software and/or any features or components thereof; or
- copy or translate any user documentation provided ‘online’ or in electronic format. In addition, and except to the minimum extent permitted by applicable law in relation to computer programs (including, the purposes expressly permitted under the Copyright Act 1968, as amended from time to time)
- You do not own the software. You acknowledge and agree that the software is owned and is the exclusive property of ProTippa or its parent company. Any software and accompanying documentation which have been licensed to ProTippa are protected throughout the world by copyright law. Your use of the software does not give you ownership of any intellectual property rights in the software.
- Save to the fullest extent permitted by Australian law, you agree that the software and the Platform is provided “as is” without any warranties, guarantees, conditions, undertakings or representations, express or implied, statutory or otherwise.
- ProTippa does not warrant that: (i) the software will not infringe any third party’s intellectual property rights; (ii) the operation of the software will be error free or uninterrupted; (iii) the software or the servers are virus-free.
- ProTippa will not have any liability to the Member or to any third party in respect of the Member’s receipt of and/or use of the software.
- Save to the fullest extent permitted by Australian law, ProTippa does not accept any liability for any damages, liabilities or losses which are deemed or alleged to have arisen out of or in connection with the Platform or its content.
- Nothing in these Terms shall operate to limit or exclude any liability of the Member for fraud or fraudulent misrepresentation by the Member.
- ProTippa shall not be in deemed to be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control including (without limitation) any telecommunications network failures, power failures, failures in third party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes, force majeure or lock-outs, terrorist activity and acts of government or other competent authorities. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
- In the avoidance of any doubt, while ProTippa endeavours to ensure that the information on the Platform is correct, ProTippa does not warrant the accuracy or completeness of the information and material on the Platform. The Platform may contain typographical errors or other inaccuracies, or information that is out of date. ProTippa is under no obligation to update such material.
- The information and material on the Platform is provided “as is”, without any conditions, warranties or other terms of any kind.
- Save to the fullest extent permitted by Australian law, ProTippa shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way (whether incurred directly or indirectly) for loss of profits, loss of business, loss of revenue, loss of opportunity, loss of data, loss of goodwill or reputation; or any special, indirect or consequential losses.
- Nothing in these Terms shall exclude or limit ProTippa’s liability for: (i) death or personal injury caused by ProTippa’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any liability which cannot be excluded or limited under applicable law.
11. Jurisdiction, Rules, Governing Law and Dispute Resolution
- All bets/wagers placed will be settled by the relevant Bookmaker with which the Member has placed the bet/wager, and using the statistics and results as provided by the relevant authorised sporting or racing governing body (obvious errors excepted). For the avoidance of doubt, ProTippa is not responsible or liable in relation to any betting transactions or any results in relation to any sporting or racing event.
- These Terms and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and the State of Western Australia.
- By accepting these Terms and/or making use (whether authorised or not) of ProTippa’s Platform (whether through the Platform or otherwise), you irrevocably agree that the courts of Western Australia (and any courts which have jurisdiction to hear appeals from these courts) shall have non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms.
- Notwithstanding the foregoing, ProTippa shall be entitled to bring a claim against a Member in the court of the Member’s country or Australian state of domicile.
- You acknowledge and agree that any disputes relating to a betting account with a Bookmaker (such as the making of a deposit, placing of a bet, withdrawal of winnings etc), is the responsibility of the Bookmaker and that any disputes of this nature should be notified to the Bookmaker. ProTippa may assist to direct you to the appropriate dispute resolution channels with the Bookmaker, but ProTippa is not responsible for any disputes relating to betting transactions involving the specific betting accounts, or other dealings, with a
- In relation to any other dispute, ProTippa will attempt to resolve any disputes or complaints you may have directly with you at first instance. A Dispute can be raised by the Member via the Contact Us page. We will welcome your claim and bring it to our accounts’ team’s attention. ProTippa will review the Dispute and endeavour to respond to you within 14 days to reach a resolution.
- If the parties are unable to resolve the Dispute, then each party agrees that the Dispute may be referred to arbitration, at the request of either party, to:
- An arbitrator agreed on by the parties; or
- If the parties are unable to agree on an arbitrator within 21 days after you have provided notice to ProTippa of the Dispute, an arbitrator nominated by The Institute of Arbitrators & Mediators Australia (IAMA).
- The arbitration will be conducted in Perth, Western Australia, Australia and will be conducted in accordance with the relevant arbitration legislation in Western Australia.
- A decision of the arbitrator shall not be binding on the parties unless otherwise agreed by the parties and each party must bear its own costs of complying with the provisions of this clause 11. The cost of the arbitration will be determined by the arbitrator.
You know the score. Stay in control. Gamble responsibly.