Terms & Conditions
This website and its related services, products, websites, tools and applications (Platform) is owned and operated by Betting Success, LLC (Betting Success).
1. DEFINITIONS & INTERPRETATION
In these Terms and Conditions unless inconsistent with the context or subject matter:
(a) Account: means a User’s account to use our Services.
(b) Applicable Laws: means any applicable laws (including orders, by-laws andregulations) in the jurisdiction in which you are located.
(c) Intellectual Property Rights: all present and future rights conferred by law in or in relation to copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions and confidential information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable.
These rights include without limitation:
(i) all rights in all applications to register those rights;
(ii) all renewals and extensions of those rights; and
(iii) all rights in the nature of those rights, such as Moral Rights.
(d) Loss: any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
(e) Materials: all materials, documentation and information (whether reduced to written form or otherwise) provided to you by Betting Success at any time including any Materials published on our Platform. This includes without limitation any sporting game analysis, and any tips, picks or other gambling/betting recommendations.
(f) our, us and we: Betting Success.
(i) Services: any services we provide to you, including the Platform.
(j) State: [insert]
(k) Subscription Fee: the fee payable by you to access the paid subscriber features of the Platform.
(l) Terms and Conditions: these Terms and Conditions and any amendments to these Terms and Conditions from time to time.
(m) User: any person who uses the Platform.
(n) User Data: all data, files, works and materials uploaded to or stored on the Platform by you, transmitted by the Platform at your instigation, or supplied by you to Betting Success for uploading to, transmission by or storage on the Platform.
(o) you and your: a User.
In these Terms and Conditions, unless inconsistent with the context or subject matter:
(a) a reference to a person includes any other legal entity and vice versa;
(b) words importing the singular number include the plural number and vice versa;
(c) a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
(d) headings are for reference purposes only;
(e) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(f) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail; and
(g) an obligation of two or more parties binds them jointly and each of them severally.
2. USING THE WEBSITE
2.1. This Platform provides information and recommendations in relation to sporting games (including game analysis), tips, picks and betting/gambling to Users who have a paid subscription to the Platform. These Terms and Conditions apply to the Services including any information provided by Betting Success on the Platform.
2.2. Although the Platform provides information and recommendations, you acknowledge that you use the Platform at your sole risk. Betting Success makes no guarantees that the provision of the Platform and/or the Services will result in any financial gain for you and you place any bets based on the information contained in the Platform at at your own risk. Please review the disclaimer below as it contains important information in this respect.
2.3. Your use of this Platform is by non-exclusive, revocable licence granted by Betting Success strictly in accordance with these Terms and Conditions.
2.4. Our Platform is available only to, and may only be used by, persons who are at least 18 years of age and who are legally able to gamble/bet in the location in which you are located. If you do not qualify, please do not use our Platform. By using the Platform you represent and warrant that you are over 18 years of age and you are legally able to gamble/bet in the location in which you are located.
3.1. In order to use some of the features on the Platform, you may need to register with us and set up an Account with your email address and a password or similar.
3.2. In creating and using an Account (or otherwise submitting your details):
(a) you must not use false or misleading information and must update your details should they change during the term;
(b) you must follow any password policies made available on the Platform from time to time (for Accounts);
(c) you are solely responsible for maintaining the confidentiality of your login information and you are liable for all activities that happen under your Account, even if you do not authorise such activities; and
(d) you must notify Betting Success immediately if you become aware of any
unauthorised use or access of your Account or other security breach.
4.1. Paid Subscription
Betting Success offers a paid subscription plan for access to certain parts of the Platform. The details of the plan including the Subscription Fee are as set out on the Platform.
4.2. Term of Subscription
Your subscription to the Platform will run on a month-to-month cycle (paid monthly in advance). To avoid interruption of this Service, unless you terminate your monthly subscription by way of the termination/cancellation method provided on the Platform before the end of the then current billing cycle this subscription service will automatically renew and you authorise us to charge you the Subscription Fee for the following billing cycle.
4.3. Fees & Pricing
(a) The Subscription Fee is as stated on the Platform at the time you subscribe in accordance with these Terms and Conditions.
(b) Betting Success reserves the right to modify the fees or terminate the Services at any time. If you have already subscribed to Betting Success, we will provide you with at least 30 days’ notice prior to increasing any Subscription Fee.
(c) All fees will be payable in the manner as specified on the Platform at the time you sign up for a subscription such as by way of Stripe, PayPal, Payline and direct debit, and you must provide us with the details of your chosen payment method (Debit Account). By purchasing a subscription to the Platform you authorise us to charge your Debit Account immediately.
(d) You provide your consent to Betting Success storing your Debit Account details and billing your Debit Account at the time the Subscription Fee becomes payable (including on renewal of the subscription), to avoid interruptions in the Services.
(e) You must ensure that the Debit Account details are up to date at all times and you must notify Betting Success in the event that the details are no longer current, and provide replacement details. You irrevocably authorise Betting Success to deduct all other fees and charges payable by you to Betting Success under these Terms and Conditions from your nominated Debit Account. You warrant that you are the owner or have the right to use any Debit Account details provided to Betting Success. Default charges will apply in the event that you stop the authority to charge the Debit Account without acceptance by Betting Success. Insufficient funds in the Debit Account will also attract a fee.
(f) Depending on the method of payment you use to pay the Subscription Fee, additional charges may be incurred (such as a small credit card processing charge).
(g) You authorise Betting Success, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification, your date of birth, and other information.
(h) Unfortunately given the nature of the Services, to the extent permitted by law, any fees paid to us are non-refundable.
(i) All fees stated on the Platform or otherwise advised by us are in USD unless
(j) You must pay all fees (as required) and other amounts without set-off or claim under any circumstance including if a dispute exists.
(k) Please note additional data charges may apply when using the Platform that you will be solely responsible for.
4.4. Overdue Payments
Where any part of the fees or other monies payable by you under or in connection with these Terms and Conditions are not paid by its due date, Betting Success reserves the right to suspend your access to any Services until all overdue amounts are received by Betting Success in cleared funds.
In Betting Success’ sole discretion, Betting Success may offer free or discounted pricing for various Services accessible on the Platform. The terms of such use and any limitations will be as specified on the Platform at the time the Service is accessed. If Betting Success offers a trial program, once the terms of that trial program have expired you agree that Betting Success’ normal billing rates shall apply. You agree to comply with any restrictions or limitations placed on your Account during any free or discounted pricing term.
5. PROHIBITED USE
5.1. You acknowledge and agree that you must not use the Platform and/or the Services (or submit any information to us):
(a) in a way that violates these Terms and Conditions;
(b) for unlawful or dangerous activities or purposes;
(c) in a way that is fraudulent, inaccurate, false, misleading or deceptive (including in a way that impersonates others);
(d) in a way that would infringe any third party’s rights (including intellectual or other proprietary rights);
(e) in a way that is defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
(f) in a way that damages the credibility of the Platform or us or that creates liability for us;
(g) to distribute any virus, trojan horse, worms or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Platform;
(h) in connection with the distribution of unsolicited commercial email («spam») or advertisements;
(i) to resell or provide the Services for a commercial purpose;
(j) in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of this Platform;
(k) in a way that uses any robot, spider, scraper, data mining tools, data gathering and extraction tools or other automated means to access our Services;
(l) to collect User’s information and harass them; or
(m) in a way that violates any Applicable Law (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law).
6. ACCESS AND TERMINATION
6.1. Either party may terminate these Terms and Conditions at any time without cause by giving written notice to the other party of their intention to terminate, and the termination will take effect immediately. If you are on a paid subscription plan, then you will continue to have access to the relevant Services until the expiry of the then current billing period following which your access will terminate.
6.2. No pro-rata refund will be provided if you or we terminate during a billing cycle. If you require assistance in terminating or require further information regarding billing cycles or the duration of a subscription plan you should contact Betting Success.
6.3. Betting Success may immediately, suspend, restrict or terminate these Terms and Conditions and/or your access to all or part of the Services immediately where:
(a) it is reasonably necessary for security, technical, copyright or operational reasons;
(b) you breach any term of these Terms and Conditions;
(c) you violate the rights of any third party or Betting Success;
(d) Betting Success reasonably believes that you are engaged in illegal or fraudulent use of the Services;
(e) Betting Success reasonably believes that the User Data is inappropriate or unlawful; or
(f) Betting Success reasonably believes that you are using the Services in a way that would cause Loss or damage to or otherwise cause legal liability to Betting Success, other users, third parties or disrupt others’ use of the Services.
6.4. We reserve the right to withdraw, or amend, update or change the functionality or content of the Platform at any time, without notice. We will not be liable if for any reason the Platform is unavailable at any time or for any period of time or if at any time any functionality of the Platform is restricted.
7. EFFECTS OF TERMINATION
7.1. On termination of these Terms and Conditions we will cease to provide you with the Services, any fees you owe to us will immediately become due and payable in full and we may delete any of your data.
7.2. Any clause of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability
8. INTELLECTUAL PROPERTY RIGHTS
8.1. You acknowledge and agree that we own all right, title and interest in and to the Platform and the Materials including:
(a) the Intellectual Property Rights subsisting in each;
(b) any customisations of, and modifications to, the Platform and Materials to suit your individual needs;
(c) information or data, source codes and other information technology relating to or connected with the Services or Materials;
(d) marketing information relating to or connected with the Platform or Materials; and
(e) technical information, including trade secrets, drawings, plans, encryptions, codes and product descriptions and information relating to or connected with the Platform, however, you will retain ownership of your User Data.
8.2. No right, title and interest in any of the Platform and Materials is transferred or granted to you except so far as expressly stated in these Terms and Conditions. You must not use the Platform in any way that is inconsistent with Betting Success’ ownership.
8.3. You agree that you will not copy, reproduce, reverse engineer, decompile, translate, alter, modify, create derivative works or otherwise attempt to derive the source code of the Platform, or publicly display (other than on the Platform) any Betting Success Intellectual Property Rights except with the prior written permission of Betting Success or the appropriate third party authorised to grant such permission.
9. USER DATA
9.1. You shall at all times retain ownership of the User Data including the Intellectual Property Rights subsisting in it.
9.2. You are solely responsible for the uploading of any User Data. Betting Success may, in its absolute discretion, refuse to accept the upload of User Data to the Platform. You agree that Betting Success shall not be liable to you for any Loss or damage you may suffer as a result of this.
9.3. You hereby grant to Betting Success an irrevocable, worldwide, perpetual, transferable, nonexclusive license to use, communicate, display, copy, reproduce, store, distribute, publish, export, adapt, edit and translate the User Data to the extent reasonably required for the performance of Betting Success’ obligations and the exercise of Betting Success’ rights under these Terms and Conditions, together with the right to sub-license these rights to its hosting, connectivity and telecommunications service providers to the extent reasonably required for the performance of Betting Success’ obligations and the exercise of the Betting Success’ rights under these Terms and Conditions.
9.5. Betting Success warrants that:
9.6. You warrant to Betting Success that:
(a) you own or have the necessary licenses to transmit such User Data through the Platform and that any User Data provided will not infringe any third party rights (including intellectual property or confidentiality obligations) nor give rise to a liability to make royalty or other payments to a third party;
(b) the User Data will not:
(i) breach the provisions of any law, statute or regulation;
(ii) give rise to any cause of action against Betting Success, in each case in any jurisdiction and under any applicable law.
9.7. You acknowledge that on termination we will delete any data that you have stored on the Services. It is solely your responsibility to backup any data before termination of the Services and we will not be liable for any Loss in this regard.
10.2. If you are providing personal information on behalf of someone else, you must comply with:
(a) applicable privacy legislation; and
(b) the applicable policies and guidelines of Betting Success as made known from time to time.
10.3. You warrant and represent that such personal information that you provide on behalf of someone else complies with this clause at all times.
11.1. Subject to the other terms of this clause, we provide our Services on an “as-is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. You acknowledge and agree that your use of the Services is at your own risk, and that you are solely responsible for how you use the Services.
11.2. Without limiting clause 11.1, you acknowledge and agree that:
(a) Betting Success does not guarantee continuous, uninterrupted or secure access to its Platform or that any information provided by Betting Success is up to date and accurate;
(b) Betting Success does not guarantee that the Platform or any data you provide to the Platform will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion;
(c) Betting Success cannot guarantee the accuracy, currency, suitability, reliability and availability of the Services and any content contained within (including any betting and tipping advice or other content contained on the Platform);
(d) Betting Success makes no guarantees that there will be no loss or corruption of User Data at any time;
(e) Betting Success makes no representations about the suitability of the Platform for any purpose;
(f) all Services we provide are intended for general information purposes only. Nothing in the Services, or any of the content we provide you purports to offer legal, business, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide;
(g) we provide recommendations in relation to sporting games (including analysis) and gambling and betting tips and picks, but any decisions you make, and the consequences that flow from such decisions are solely your responsibility. Your success depends on many factors outside of which the Services can assist;
(h) nothing in the Services is a promise or guarantee of results (such as success in betting/tipping) or future earnings (such as earnings from gambling and tipping). We cannot and do not make any guarantees about your ability to get results or earn any money with any advice, information, tools and/or strategies provided by the Services;
(i) any testimonials and examples within any marketing materials are not to be taken as a guarantee that you will achieve the same or similar results. Any financial representations referenced by us on the Services are illustrative of concepts only and should not be considered as promises for actual or future performance;
(j) Betting Success, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any personal decision made by you at any time. Any gambling or betting/tipping decision that you make as a result of the Services is solely at your own risk. You are solely responsible for any actions you do or do not take directly or indirectly in connection with the Services; and
(k) Betting Success will maintain appropriate technical and organisational measures to protect the security of the User Data. However, Betting Success does not guarantee that unauthorised third parties will never be able to defeat those measures to access the User Data for improper purposes. You acknowledge that there are risks inherent in internet connectivity that could result in the loss of privacy, confidential informationand User Data. Accordingly, any User Data that is transmitted by you is transmitted solely your own risk. You are solely liable for your User Data.
11.3. This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions or your use of this Platform.
12. LIMITATION OF LIABILITY
12.1. Subject to the other terms of this clause, Betting Success excludes all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.
12.2. To the extent permitted by law, we exclude all liability to you or anyone else for Losses arising in any way in connection with the Platform or its use and/or the Services and/or these Terms and Conditions, including but not limited to Losses suffered as a result of:
(a) errors, mistakes or inaccuracies on the Platform;
(b) your reliance or acting, or failing to act, on any information or advice contained on or referred to on the Platform and/or any linked website;
(c) any unauthorised access to or use of the Platform servers;
(d) any interruption or cessation of transmission to or from the Platform;
(e) any incorrect data or content, errors, mistakes or inaccuracies on the Platform;
(f) any loss or corruption of User Data at any time; and/or
(g) the quality or fitness for any purpose of any linked sites.
12.3. Subject to the other terms of this clause, our maximum aggregate liability to you in any 12- month period for any Loss or damage or injury arising out of or in connection with these Terms and Conditions, including any breach by us of these Terms and Conditions, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to the actual charges paid by you under these Terms and Conditions in the 1-month period preceding the matter or event giving rise to the claim.
12.4. If Betting Success is liable to you in relation to a failure to comply with a guarantee that applies under any Applicable Law that cannot be excluded, Betting Success’s total liability to you for that failure is limited to the resupply of the Services.
12.5. The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
12.6. Except as expressly provided in these terms, and to the fullest extent allowed by the law, we will not be liable for any direct, indirect, special, incidental or consequential damages, including without limitation damages for loss of profits or income, loss or corruption of data, business loss or interruption or any other commercial damages or losses arising out of your access to or use of the Platform or the provision of the Services.
12.7. This clause 12 shall survive any termination or expiration of these Terms and Conditions.
13.1. Except to the extent caused by the breach of these Terms and Conditions by Betting Success, you indemnify and release Betting Success, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against any Losses (including any direct, indirect, special or consequential Losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by Betting Success arising out of or in connection with:
(a) your use of the Services;
(b) the supply, suspension, restriction or cancellation of your access to the Platform;
(c) your breach or negligent performance or non-performance of these Terms and Conditions and/or the Services;
(d) your violation of any applicable law;
(e) any claim made against Betting Success and/or you by a third party arising out of or in connection with these Terms and Conditions and/or the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of these Terms and Conditions and/or the Services by you;
(f) any claim made against Betting Success for actual or alleged infringement of a third party’s rights arising out of or in connection with the User Data; and/or
(g) the enforcement of these Terms and Conditions by Betting Success.
13.2. You must make payments under this clause:
(a) in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by law; and
(b) in the currency in which the payment is due, and otherwise in Australian dollars, in immediately available funds.
13.3. Except where expressly stated to the contrary in these Terms and Conditions, the rights of a party under this clause are in addition to any other rights available to that party whether those rights are provided for under these Terms and Conditions or by law.
13.4. It is not necessary for Betting Success to incur expense or make payment before enforcing a right of indemnity under this clause.
13.5. The indemnities in this clause:
(a) are continuing obligations of yours, independent from your other obligations under these Terms and Conditions and survive termination or expiry of these Terms and Conditions; and
(b) are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.
13.6. Betting Success’s liability under this indemnity is limited under clause 12.
14.1. All notices authorised or required under these Terms and Conditions to be given by a party to the other shall be in writing sent by email.
14.2. The following shall constitute proof of receipt: proof of dispatch by email.
14.3. Receipt of a notice given under these Terms and Conditions will be deemed to occur on the business day immediately following the day of dispatch.
15. GENERAL PROVISIONS
15.1. No Waiver
(a) No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms and Conditions unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
(b) Words or conduct referred to in clause 15.1(a) include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.
15.2. Assignment, Novation and Other Dealings
(a) Betting Success may assign or novate any rights that arise out of or under these Terms and Conditions without your consent and without notice to you.
(b) Any rights of yours that arise out of or under these Terms and Conditions are not assignable or capable of novation by you without the prior written consent of Betting Success, whose consent may be withheld in its discretion.
(a) If the whole or any part of a provision of these Terms and Conditions is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
(b) Clause 15.3(a) does not apply if the severance of a provision of these Terms and Conditions in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under these Terms and Conditions.
15.4. No Merger
On completion or termination of these Terms and Conditions, the rights and obligations of the parties set out in these Terms and Conditions will not merge and any provision that has not been fulfilled remains in force.
15.5. Further Action
Each party must do all things (including completing and signing all documents) reasonably requested by the other party that are necessary to give full effect to these Terms and Conditions and the transactions contemplated by these Terms and Conditions.
15.6. Time of the Essence
Time is of the essence in these Terms and Conditions in respect of any date or time period and any obligation to pay money.
15.7. Relationship of the Parties
(a) Nothing in these Terms and Conditions gives a party authority to bind any other party in any way.
(b) Nothing in these Terms and Conditions imposes any fiduciary duties on a party in relation to any other party.
15.8. Remedies Cumulative
Except as provided in these Terms and Conditions and permitted by law, the rights, powers and remedies provided in these Terms and Conditions are cumulative with and not exclusive to the rights, powers or remedies provided by law independently of these Terms and Conditions.
15.9. Entire Agreement
These Terms and Conditions states all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.
15.10. No Reliance
No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as expressly set out in these Terms and Conditions.
15.11. Governing Law and Jurisdiction
(a) These Terms and Conditions is governed by the law in force in the State.
(b) Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in the State and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms and Conditions.
(c) Each party irrevocably waives any right it has to object to the venue of any legal process in the courts described in clause 15.11(b) on the basis that:
(i) any proceeding arising out of or in connection with these Terms and
Conditions has been brought in an inconvenient forum; or
(ii) the courts described in clause 15.11(b) do not have jurisdiction.
(a) Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the International Arbitration Centre’s Rules, which Rules are deemed to be incorporated by reference into this clause.
(b) The number of arbitrators shall be one.
(c) The seat, or legal place, of arbitration shall be the capital city of the State.
(d) The language to be used in the arbitral proceedings shall be English.
(e) The governing law of the arbitration agreement shall be the substantive law of the State.