MYTIP PTY. LTD. ABN: 52 619 475 946
Welcome to MYTIP. The following terms and conditions constitute the terms of the contract between you and MYTIP Pty Ltd concerning the use of the MYTIP website and Mobile App.
Information means the information regarding race fields sourced from Australian Associated Press Pty Limited (ABN: 88 006 180 801) (AAP) (www.aap.com.au);
Mobile app means the downloadable mobile phone application called MYTIP;
Odds means the betting odds provided by all or any of BETEASY PTY. LTD.; SPORTSBET PTY. LTD.; and UBET QLD. LIMITED;
Services means the Infomation, Odds, horse racing tips and other information provided by us to you the user, on or through the Website and/or Mobile app;
Website means the website with the address www.mytip.com.au;
We/us/our means MYTIP PTY. LTD. (ABN: 52 619 475 946).
2.1. We offer the use of the Website, Mobile app and Services to the user (you or your as the context requires), on the condition that you accept, without modification, these terms and conditions, which are available to be viewed on the Website.
2.2. To use the Website, Mobile app and Services you must be an Australian resident aged 18 years or older.
2.3. You acknowledge that by your use of the Website and/or Mobile app you have accepted these terms and conditions.
2.4. You agree that we may change these terms and conditions at any time without notice.
2.5. You agree that your use of the Website and/or Mobile app are subject to the most current version of these terms and conditions. The terms and conditions on the Website at any given time will be the most current.
2.6. If you breach any of these terms and conditions you are no longer authorized to use the Website or the Mobile app.
3.1. The Services are provided by way of general information and entertainment for users who are interested in horse racing.
3.2. Whilst we take all reasonable care in providing the Services, to the fullest extent permitted by law, we do not warrant the accuracy, reliability, currency or completeness of the Services or of any other statements on the Website, the Mobile app or published elsewhere in any format, related to the Services or on any linked website.
3.3. When you enter your name, email address and mobile telephone number we will create your profile in the Mobile app, which will give you full functionality of the Mobile app.
3.4. You agree that any display of Information, Odds, horse racing tips, information, statements, videos, advertising or promotional material in any form by us or by any third parties on the Website and/or Mobile app does not constitute a suggestion or recommendation to gamble.
3.5. You agree that by providing the Services, we do not recommend or encourage you to gamble on horse races.
3.6. You acknowledge and agree that we are not responsible in any way for any gambling decisions or gambling losses incurred by you and you agree to fully indemnify us for any and all liability in respect of any gambling losses you may incur, or which may be incurred by a third person using the Mobile app on your phone or the access granted to you to the Website and the Services.
3.7. You agree that this term may be pleaded as a complete defence to any claim which you might have against us in connection with any gambling loss.
3.8. You agree that the Website, Mobile app and the Services will be used by you solely for your personal and non-commercial use.
3.9. You agree that you will comply with all applicable laws when using this Website and/or Mobile app.
3.10. You agree that you will not use, the Website and/or Mobile app for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent, obscene or inappropriate or which in any way conflicts with the Website/and or the Mobile app or the Services.
3.11. You agree that you will not allow or authorize any third party to use, the Website and/or Mobile app or the Services for any purpose whatsoever.
4.1. We may terminate our provision of the Services to you (or to any person) at any time without notice and for any reason, in our absolute discretion.
4.2. In the event of termination no amount paid by you prior to termination on account of the provision of the Services will be refundable.
- Use of Information
5.1. You must not copy, sell, transfer, sub-licence, deal or otherwise provide the Information to any third party.
5.2. You must not use the Information to compile ‘race books’ (that is, the official programme used in conjunction with an organised race meeting).
5.3. You must not produce a form service that is substantially similar to the Information.
5.4. You must not use the Information for reproduction in catalogues used in conjunction with the sale of thoroughbred horses.
5.5. You must not store the Information in archives or historical databases.
5.6. You are prohibited from:
5.6.1. using, for commercial purposes, any form of direct hypertext link of the Information from a digital site to the Website or Mobile app;
5.6.2. framing the text or images comprised in the Information;
5.6.3. posting the text or images comprised in the Information to third party groups or social media sites;
5.6.4. using the Information if you are a person who conducts a business of wagering or betting activity.
- Intellectual property, copyright and trade marks
6.1. Copyright © 2017 MYTIP PTY. LTD. ABN: 52 619 475 946 MYTIP is a trade mark of MYTIP PTY. LTD. in Australia.
6.2. You agree that the Services, the Website and the Mobile app are protected by copyright, trade mark and other intellectual property laws and (with the exception of the Information and the Odds) are our property unless expressly indicated otherwise. Such materials and content include, but are not limited to, all uploaded files, layout design, data, graphics, articles, file content, codes, logic, news, tutorials, videos, and databases contained on the Website and the Mobile app or in connection with the Services.
6.3. You must not infringe any of our intellectual property rights or use or replicate or republish our copyright material or trade marks without our express written permission.
6.4. We acknowledge the intellectual property rights of AAP in the Information.
6.5. We acknowledge the intellectual property rights of BETEASY PTY. LTD.; SPORTSBET PTY. LTD.; and UBET QLD. LIMITED;
6.6. You must not in any way infringe the intellectual property rights of AAP; BETEASY PTY. LTD.; SPORTSBET PTY. LTD.; and UBET QLD. LIMITED;
- No proprietary rights in users
7.1. Nothing contained in these terms and conditions gives you ownership of or gives rise to any proprietary interest in any intellectual property rights in the Website, the Mobile app or the Services.
7.2. No proprietary interest of any user in any intellectual property rights in the Website, the Mobile app or the Services is to be implied by anything contained in these terms and conditions, or by use of the Website, the Mobile app or the Services.
- Links to external websites
8.1. The Website and Mobile app may contain links to external websites. You may use these links at your convenience.
8.2. You acknowledge that the presence of any such link is not an express or implied indication that we endorse, recommend or approve of any aspect of the linked website, its contents, products or services or of any associated website.
8.3. You agree that we will not be liable to you for any loss or damage arising out of or in connection with your use of linked external websites.
- Links to our Website
9.1. You may link to the Website. However, you must not provide a link that suggests any association to us without our prior express written permission.
10.1. We will comply with our obligations under the Privacy Act 1988.
- Warranties, Indemnities and Disclaimer
11.1. You must at all times indemnify and hold harmless us, our officers, employees and agents (those indemnified) from and against any and all losses (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified including any liability or expense arising from claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees of every kind and nature incurred by you or any third parties through you) arising from any proceedings against those indemnified where such loss or liability was caused directly or indirectly by:
11.1.1. your use of the Mobile app, the Website or the Services; or
11.1.2. a breach by you of your obligations under terms and conditions; or
11.1.3. any willful, unlawful or negligent act or omission by you.
11.2. Except in relation to liability for personal injury and death, we will be under no liability to you in respect of any loss or damage (including special, indirect or consequential loss or damage or for any damage arising from or attributable to any failure to realize expected savings, loss of goodwill, loss of actual or anticipated income, revenue, profit or gain by you) which may be suffered or incurred or which may arise directly or indirectly in respect of your use of the Services provided in accordance with these terms and conditions or in respect of a failure or omission on our part to comply with our obligations under these terms and conditions.
11.3. You acknowledge and agree that our maximum liability for any and all claims arising under or in relation to these terms and conditions will not exceed, in the aggregate, any charges paid by you during the term of this contract.
11.4. You acknowledge and agree that in accepting these terms and conditions, you do not do so on the basis of and do not rely upon:
11.4.1. any representation, warranty or undertaking made by us or on our behalf, express or implied, which has not been stated expressly in this Agreement; or
11.4.2. any descriptions, illustrations or specifications contained in any document, video or other presentation produced by us.
11.5. We make no representation or warranty that our Services will meet your requirements or will be error free.
- Implied Terms
12.1. All conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.2. No advice or information, whether oral or written, obtained by you from us will create any representation or warranty not expressly stated in these terms and conditions.
- Governing Law
13.1. These terms and conditions are governed by and must be construed in accordance with the laws of the State of Victoria.
13.2. You submit to the exclusive jurisdiction of the courts of the State of Victoria and the Commonwealth of Australia in respect of all matters or things arising out of these terms and conditions.
14.1. If any provision of these terms and conditions offends any law applicable to it and is as a consequence illegal, invalid or unenforceable then:
14.1.1. where the offending provision can be read down so as to give it valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
14.1.2. in any other case the offending provision must be severed from these terms and conditions in which event the remaining provisions of these terms and conditions operate as if the severed provision had not been included.
You acknowledge that you should gamble responsibly.
To view the Responsible Gambling Policies for each Odds provider, click on their legal entity names below: