General Terms and Conditions

Welcome to our Site. These are our terms for use of the Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones and apps. These Terms & Conditions (terms) apply whenever you access the Site, regardless of how you access the Site.

Use of this site

1. Punters Paradise Pty Ltd (Punters, Publisher, us or we) is the owner and operator of this Site.
2. Each user of this Site (User or you) agrees to be bound by these terms. Your use of and access to this Site indicates your acceptance of and agreement with these terms, as they exist at the time of use.
3. Use of this Site is restricted to users that are 18 years or older. You must comply with the law in your country concerning the age at which a person is allowed to gamble.
4. Punters may amend these terms at any time by posting changes on the Site. If you use the Site (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms. Punters will include on the Site the date on which it last made amendments to these terms.
5. Users may be required to purchase a Punters+ subscription to use certain features of the Site. See full subscription terms and conditions for further details, www.punters.com.au/subscriptionterms

Content and functionality of the site

6. Punters may alter, suspend or discontinue the Site and/or its functionality and/or the content made available through the Site at any time, with or without notice to Users, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions and the subscription terms and conditions (if relevant), Punters will not be liable to any User or to any third party should it exercise such rights.

7. In some circumstances the Site will allow Users to access and download certain content onto your device(s). Some such content may not be available at all times in the future for subsequent download and Punters will have no liability to you in such circumstances subject to the remainder of these terms.

Intellectual Property

8. All intellectual property in relation to content on this Site belongs to Punters or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
9. You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by Punters. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission.
10. The logos of the Site are trademarks of Punters or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.

11. Content included on the Site is prepared as general information only. It is not advice and should not be substituted for personal advice which takes into account your individual health, financial or other circumstances.

Liability & Indemnity

12. Punters does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. Punters otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply:

    12.1 Punters does not warrant the accuracy of the content which you access through this Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at Punters’ sole discretion and without notice
    

    12.2 Punters will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
    

    12.3 Punters does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or any content which ought to be accessible through the Site, or that Punters or the server that makes it available, are free of viruses or bugs.

13. Where permitted under local law, including the ACL, liability of Punters, for any breach of a term or condition implied by law is limited at Punters’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, Punters cannot limit its liability in this manner if you establish that it would not be fair or reasonable for Punters to do so.
14. You are responsible for maintaining the security of your account details and are responsible for all activity undertaken using your account details.

Third Party Content & Links

15. This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
16. This Site may include links to third party sites which are not related to Punters and in relation to which Punters has no control or interest. The appearance of those links on this Site does not indicate any relationship between Punters and that third party or any endorsement by Punters of that third party, its site or the products or services which it is advertising.

Contributing Content

17. When you submit content to Punters in any format, including any text, photographs, graphics, video or audio, you grant Punters a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, using the details you have provided to us, as the author/provider of that content.
18. Punters reserves the right not to use the content you submit.
19. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
20. You indemnify Punters against any and all legal fees, damages and other expenses that may be incurred by Punters as a result of a breach of the above warranty.
21. You waive any moral rights in your contribution for the purposes of its submission to and use by Punters in accordance with these terms.

General

22. Users must not use this site for any purpose or in any way which is unlawful.
23. These terms shall be governed by and interpreted in accordance with the laws of New South Wales.
24. WARNING: GAMBLING INVOKES RISK. For the avoidance of doubt, we are not responsible for your gambling losses. Any monetary investment based on information displayed on the site (or affiliated sites) is at the risk of the investor.
25. All information relating to race fields, including horse numbers, scratchings, odds and statistics should be checked with an official source.

QuickBet

26.  If you use our QuickBet service to facilitate a bet placement with your bookmaker account, the following additional terms apply, subject to the law and clause 12:

    26.1 We do not accept responsibility or liability of any kind for any loss resulting from the incorrect or non-operation of any feature(s) within our QuickBet service.

    26.2 It is your responsibility to make sure that your access to our QuickBet service, and your access to and use of the information available from it is not illegal or prohibited by any laws which may apply to you.

    26.3 You will be required to enter your betting agency's login details to utilise the QuickBet service. 

    26.4 Upon logging into the betting agency’s account through the QuickBet service, a Session ID is generated by that betting agency. This Session ID is then used to place your wagers via the third party that facilitates bets via the QuickBet service.

    26.5 When placing your wagers we do not make any representations or warranties for any errors or delays that may occur in data transmission or that the information will be uninterrupted or timely, for example a request or submission that has 'timed out'.

    26.6 Whilst this Site provides information and odds from Betting Agencies in good faith, Punters cannot be held responsible for any errors or omissions on the Site as we are entirely reliant on the accuracy of information from the Betting Agencies.

    26.7 The responsibility lies with the end user to ensure that they are satisfied that the Odds they have selected and the value of the wager are correct.

    26.8 Your access to the Punters QuickBet service only allows you access to the betting agencies that we currently have available. We reserve the right to add or remove any betting agencies without notice.

    26.9 We accept no responsibility for any wager that may be placed and that you acknowledge that there is no assurance of the acceptance or accuracy of any wager in respect of any race placed through our website.

    26.10 We accept no responsibility for information shared by you publicly or privately on the website using the QuickBet service, including any errors or omissions with shared information. You must take responsibility to ensure that your bet sharing settings are appropriate for your circumstances.

    26.11 The acceptance of all bets received by the QuickBet service is at the sole discretion of the relevant third party betting agency.

    26.12 You are responsible for ensuring that all persons who access to the QuickBet service using your account login details  are aware of these terms, and that they comply with them.

27. Tipping is only available to Punters+ members. If you use the Site to access, buy or sell tips then the following additional terms apply, subject to the law and clause 12. Any sale commission rates advertised are at a percentage which is applied after GST has been excluded from a sale. 

    27.1 Selling Tips

    27.1a You agree to supply horse racing tips and tipping comments to the best of your knowledge.

    27.1b The Site reserves the right to suspend your account if your tips are deemed to be similar to the tips that have been purchased from other users or copied from another source.

    27.1c After tips "lock out" (which is typically 20 minutes before the first race of the day) under no circumstances can the information you have posted be modified.

    27.1d Users acknowledge that a percentage of the money paid to us for the purchase of any tips  will be paid by us to the seller.

    27.2 Buying and Accessing Tips

    27.2a Tips may be offered seven days a week. There may, however, be some days when no tips can be advised.

    27.2b The user is aware that a percentage of their purchases, currently 70% for individual purchases of tips and subscriptions to tipping will be paid to the relevant tips seller.

    27.2c By following the advice of tips you realise that there is risk involved and it is possible that your stake money may be lost. You accept full responsibility for the outcome of your own bets and understand that the recommendations are for information and entertainment only.

    27.2d The User acknowledges that when they purchase a tip,  their username may be made available to view by the seller. No other personal information will be shared with the seller.

    27.3 Competitions

    27.3a Tipping competitions are run and held by Punters at various times (as determined by or approved by Punters) and are made available to Users who meet certain eligibility criteria as set out by each specific competition. Each such tipping competition will be subject to its own terms and conditions, including as to eligibility criteria, which terms can be viewed on the relevant competitions page.

    27.4 Tipping Payments 

    27.4a When you make payments through the Site in relation to the Site tipping services, you agree to the additional payment terms set out in clauses 27.5 and 27.6.

    27.5 Making Purchase

    27.5a We reserve the right to apply fees or charges in connection with the use of an account on the Site to buy or sell tips. If we apply such fees or charges we will publish information about those charges on the Site. The nature and quantum of those charges are subject to change from time to time. 

    27.5b When you confirm a transaction on the Site, you are legally bound to complete and pay Punters for that transaction.

    27.5c Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying.

    27.5d All transactions are final and, subject to law, non-refundable.

    27.5e When you make a "purchase" the sale may include commission paid to another party.

    27.5f Even though we use terms like "purchase," "buy" and "sell," to talk about transactions related to tips, we don't transfer any ownership of this information. Rather, the tips made available to you through this process are licensed to you, not sold. The licence you purchase through this Site is to use the tips  for personal use only. Under no circumstances are you permitted to  forward, re-sell, sub-license or disclose details of your tipsto another person or use the tips in any way for commercial purposes without our written consent.

    27.6 Payment Sources

    27.6a We want to make payments convenient, so we allow you to make payments using a number of different payment sources, like credit cards, direct debits, bank transfers and PayPal.

    27.6b When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorise us to collect and store it, along with other related transaction information. When you make a payment, you authorise us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction.

    27.6c  If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. 

    27.6d You must ensure that you have sufficient funds in your account to honour the payment you are seeking to make. If there are insufficient funds, we may continue to attempt to process the payment a number of times. If you pay by debit or credit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.

    27.6e We may continue to process your payments after the original expiry date of your credit or debit card as advised to us.

    27.6f We may, on providing you with reasonable notice in the circumstances, cancel this direct debit arrangement at any time. This might happen where there have been dishonoured or rejected payments, or if we have a reasonable suspicion that fraudulent information has been provided in relation to your direct debit arrangement. Where we cancel a direct debit payment method, we will notify you of the cancellation and request the establishment of an alternative method of payment.

    
    

    27.7  Delivery of your purchased tips

    27.7a After ordering online, you will receive access to the information via the 'My Purchased Tips' page, accessible from the main menu. You may also receive an email containing this information however we cannot guarantee the delivery of this email.

    27.7b In some cases there may be delays between payment processing and the information made available to you from the 'My Purchased Tips' page. We will attempt to make available to you the purchased tipping information within 10 minutes of the completed purchase and our receipt of payment, otherwise, you are entitled to a full refund.

    27.8 Purchasing and Using Credits on your account

    27.8a You may purchase credits for your account from Punters. You may use these credits to purchase tips or Insider Selections, or to send Blackbook SMS notifications. The value of your credits may not exceed $1,000.00 at any time. We may redeem any of your credits (and pay you an amount equal to the prevailing value of your credits) if necessary to reduce the value of the credits you hold below $1,000.00

    27.8b When you purchase or receive credits, you do not own the credits. Rather, you receive a limited right to use such credits in connection with certain features on The Website, such as the purchase of tips.

    27.8c You will not transfer credits to anyone, or transfer them to anyone outside of The Website.

    27.8d We may change the purchase price for credits at any time as well as the ways that you can use or transfer credits. We also reserve the right to stop issuing credits. If we change the purchase price for credits or the ways you can use or transfer credits, information about the current purchase price for credits and the new ways you can use or transfer credits will be available on the Website (including by a post on the Forum of the Website) and will be directly emailed to account holders.

    27.8e You may check the balance of credits in your account and the expiry date of those credits by accessing the 'My Balance' (https://www.punters.com.au/account-settings/balance/) page on The Website. You may obtain a record of the past 10 transactions on your account by accessing the 'My Balance' page on The Website (https://www.punters.com.au/account-settings/balance/). We will not charge you any fees in connection with checking the balance of credits in your account, checking the expiry date of those credits or obtaining a record of the past 10 transactions on your account.

    27.8f The balance of credits in your account will be valid for use for three years from the date you purchase the credits.

    27.8g Any unused credits will expire and not be refunded or repaid to you: 

    • if you leave the balance of credits in your account unused for three years;
    • if you deactivate your account and do not reactivate it within 6 months;
    • if you delete your account; or
    • if we deactivate your account and you do not meet any conditions necessary to reinstate it within 6 months.

    27.9  Actions We May Take

    27.9a As part of our effort to keep the Site safe, we may take certain actions to reduce potential liability for Users and us.

    27.9b  We may cancel any transaction if we believe the transaction violates these Terms and Conditions, or we believe doing so may prevent financial loss.

    27.9c We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent damage or loss to Us or any of our Users.

    27.9d We may contact your payment source issuer, law enforcement authority, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.

    27.9e We may cancel any credits transferred, assigned, or sold in violation of these Terms and Conditions.

    27.10 Disputes, Reversals and Refunds

    27.10a  If you believe that an unauthorised or otherwise problematic transaction has taken place under your account, you agree to notify us immediately.

    27.10b To the fullest extent permitted by law and subject to clause 10, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the transaction.

    27.10c To the fullest extent permitted by law and subject to clause 10, You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted.

    27.10d If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.

    27.10e To the fullest extent permitted by law and subject to clause 10, refunds are not available for purchased and supplied tips.

28. Commenting is only available to Punters+ members. We reserve the right to remove any posts we consider to be inappropriate. Anyone in breach of these rules may risk having their account suspended.

    28.1 General Contributions 

    28.1a "Comments" including forum posts, wall posts, private messaging, news comments, form guide comments, tipping comments, private comments, status updates and comments made to any page throughout the Site. You agree that you will not  post any Comments that:

    1. Reveals tips that you are selling or have purchased prior to the event. You are free to discuss the chances of a feature race outcome providing it is informative and interesting for the rest of the community to read;
    2. Is defamatory or discloses any information that the User has no legal right to disclose;
    3. Is abusive, hateful, racist, bigoted, antisocial, sexist, harassing, threatening, inflammatory, defamatory, knowingly false, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation;
    4. Is any form of advertising (including affiliate programs), promotional material or any other form of commercial activity;
    5. Is intentionally false or misleading or seeks to unfairly manipulate a market;
    6. Attempts to publish, collect or store data relating to any person including personal details such as email addresses, phone numbers and residential addresses;
    7. Contains a link to any other website address of, or promotes the services of, a competitor of Punters;
    8. Is in a language other than English;
    9. Is in breach of the rights including  intellectual property rights of any other person or breaches any obligations of confidence;
    10. Is or may amount to collusion or activities of a suspicious or criminal nature; or
    11. Is a post which is related to or leads to the transmission of any software or computer files that contain a virus, worm or other disruptive or harmful component.

    28.2 Forum Contributions

    28.2a Users who post Comments on a forum agree not to post any item that:

    1. Is a site complaint or enquiry or query needing a response by Punters ;
    2. Is in relation to a private tipping competition or club; or
    3. 29.2d Is not relevant to the forum category or discussion.

You may also want to review the following documents:

• Website Terms and Conditions: Access to, and use of this website is subject to these terms and conditions. 
• Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information.