Terms of Service | Oz Horse Tips

Effective date: October 6th, 2023

1. Acceptance and Use By accessing and/or utilizing the Services, Tips, and/or Platform, whether as a paying member, during a promotional or trial period, or otherwise, you hereby agree to and accept these terms and conditions, as well as the Responsible Gambling Information, Acknowledgements, Warranties & Disclaimers. It is imperative that you thoroughly review and understand these terms. If you do not agree to these terms, you must immediately discontinue the use of the Services, Tips, and Platform. Within these terms, "OHT" denotes Oz Horse Tips ABN 19 698 420 311, and "you" refers to you as an individual user.

2. Services & Fees OHT obliges to provide the Services to you in exchange for your payment of the specified Fee to OHT, or as otherwise provided during a trial or promotion, subject to the terms outlined herein. The delivery of Services by OHT will be conducted according to OHT's discretion and scheduling. OHT retains the right to modify the Fees upon providing written notice at least 7 days prior to the change's implementation. You are strictly prohibited from sharing the Services, Tips, or access to the Platform with any third party. You must use the Service account designated to you. By using the Services, you grant OHT and its designated third-party providers the authorization to charge your designated credit card or payment service in advance on a weekly or fortnightly basis for an amount equal to the Fees. Unless otherwise indicated by OHT, the provision of Services will be contingent upon the settlement of all outstanding Fees. OHT is authorized to enlist third parties to administer some or all of the Services.

3. Prohibited Activities You are expressly prohibited from reproducing, sharing, licensing, distributing, re-transmitting, uploading, posting, reposting, disclosing, adapting, or offering any Tips or information derived from the Services to any other party. Reverse engineering, disassembling, modifying, adding to, deleting, adapting, creating derivative works, reproducing, or duplicating any Tips or information provided as part of the Services is strictly prohibited. You affirm that you do not operate or have affiliations with any business or organization that offers services similar to the Services. You agree not to attempt to establish or establish any competing service to OHT concerning the Services during the entirety of these terms and for a duration of twelve months thereafter.

4. Intellectual Property These terms do not transfer or confer upon you any rights, title, or interests in or to the Intellectual Property. You acknowledge that OHT possesses all rights, titles, and interests in the Intellectual Property, which are retained exclusively by OHT. You must refrain from reproducing, duplicating, sharing, licensing, distributing, re-transmitting, uploading, posting, reposting, disclosing, adapting, reverse engineering, disassembling, modifying, adding to, or creating derivative works of the Services, Tips, and/or Platform, as well as any information provided by OHT related to the Services, Tips, and/or Platform, including all Intellectual Property therein. All rights, titles, and interests in the information and data generated by OHT or provided by you, entered into the Platform, or generated during your use of the Services, Platform, or Tips, regardless of whether it is provided via the Platform or otherwise, are vested exclusively in OHT, and all Intellectual Property pertaining to such information and data similarly vests exclusively in OHT.

5. Confidentiality You are obligated to maintain the confidentiality of any and all Confidential Information. You must not engage in any activities that might compromise the confidentiality of such information or disclose it to any third party, either directly or indirectly. Your confidentiality obligations concerning the Confidential Information shall persist for as long as the information remains confidential at the discretion of OHT. Upon the earlier of the expiration or termination of these terms or at the direction of OHT: a. All Confidential Information must be promptly returned to OHT, including all copies, extracts, or summaries of the Confidential Information; and b. You must expunge and destroy any copies of Confidential Information within your possession or under your control. The term "Confidential Information" shall not encompass information that: a. Is publicly available through means other than a breach of Clause 5(a) by you; or b. Was already known to you prior to OHT's disclosure of said information. You are strictly prohibited from engaging in communication with any OHT staff or using their personal information unless expressly authorized by OHT. Communication with other users of the Services, Tips, or Platform, or the utilization of their personal information, must also be conducted only in accordance with OHT's explicit authorization. You acknowledge that damages might be insufficient as a remedy for a violation of this Clause 5 and concede that OHT may seek injunctive relief, in addition to any damages, for any such breach.

6. Warranties, Liability, and Indemnities
6.1 Insurances OHT makes no warranties regarding the existence or procurement of insurance coverage pertaining to these terms or the provision of the Services.
6.2 Compliance with all Laws You are responsible for complying with all applicable laws at your own cost and expense in connection with your use of the Services, Tips, Platform, these terms, and any third-party terms and conditions (e.g., bookmakers, betting exchanges, and/or messaging services).
6.3 No Warranties in Relation to Results OHT provides no warranty that any specific results or objectives can or will be attained, either in part or in whole, within any specific timeframe or at all, as stipulated within these terms or elsewhere.
6.4 No Reliance Each party acknowledges that their entry into these terms does not rest upon any representation, warranty, or provision except as expressly outlined in these terms. All implied conditions, warranties, or other terms established by law are explicitly excluded from these terms to the fullest extent allowed by law.
6.5 Release and Indemnity You utilize the Services, Tips, and/or Platform entirely at your own risk, without faith or being reliant for any warranties or representations from OHT. Any gambling, betting, or wagering undertaken by you, whether based on your use of the Services, Platform, Tips, or otherwise, is done solely and completely at your own risk. To the extent permitted by law, you accept full liability and agree to indemnify OHT, its officers, employees, agents, contractors, and Related Entities, against all Claims & Losses, whether direct or indirect, arising from or related to: a. Your use or misuse of the Services, Tips, and/or Platform; b. Any gambling, wagering, or betting activities you engage in; c. Loss of profit or return; d. Your exclusion or denial of access to any gambling, wagering, or betting services; e. Any Claims & Losses sustained by you or individuals financially or otherwise dependent on you; f. Your violation of any laws or legal obligations owed to third parties; g. Breaches of these terms by you; and h. Violations or issues related to the Responsible Gambling Information, Acknowledgements, Warranties & Disclaimers by you. To the extent permitted by law, you hereby release and continue to release OHT and its officers, employees, agents, contractors, and Related Entities from any and all liability for Claims & Losses directly or indirectly stemming from or connected to any matter specified in Clause 6.5(b). To the extent permitted by law, you acquit and continue to acquit OHT, and OHT’s officers, employees, agents, contractors, and Related Entities, from all conditions, warranties, obligations, and liabilities imposed by law or custom.
6.6 Limitation on Liability To the maximum extent permissible under law, OHT's liability, as well as the liability of OHT's officers, employees, agents, contractors, and Related Entities, to you or any other party as a result of these terms or concerning the Services, Platform, and Tips, shall not surpass the Fees paid by you to OHT under these terms. OHT's liability, as well as the liability of OHT's officers, employees, agents, contractors, and Related Entities, for any failure to adhere to a Consumer Guarantee, is restricted to either the re-supply of the Services or the payment of the cost for the re-supply of the Services to you.
6.7 Non-Disparagement You affirm that you will refrain from making any negative or disparaging remarks about OHT, the Services, Platform, Tips, or OHT’s officers, employees, agents, contractors, and Related Entities, which may or are likely to damage their reputations.

7. Termination: Either party may terminate this agreement by providing immediate written notice in the event of a breach of these terms. Additionally, either party may terminate this agreement for any reason by providing at least 72 hours' prior written notice. Your service will remain active until the day your next subscription payment is due, with no further charges incurred. In the unlikely event of an accidental fee deduction, and with the required 72-hour notice given before the next payment is due (whether weekly or fortnightly), any such fee will be promptly refunded. OHT does not commit to guaranteeing the availability of services for any specific duration. Upon receipt of your termination or cancellation notice, OHT will promptly cease payments, a process that may take up to 7 days to complete.

8. General Neither party shall be held liable for any delays or failures in the performance of these terms due to a Force Majeure Event. OHT is not liable for delays in the performance of these terms. These terms may be updated and amended by OHT from time to time, provided that OHT has issued notice at least 7 days in advance of such updates and amendments. If you continue to use the Services beyond 7 days from the date of notice, you will be bound by the updated and amended terms. Your obligations under the clauses "Prohibited activities," "Intellectual Property," "Confidentiality," "Warranties, liability and indemnities," and "General" shall survive the termination or expiration of these terms. You are not entitled to assign, novate, or transfer any or all of your rights and obligations under these terms without prior written approval from OHT. OHT holds the right to assign, novate, and transfer all or part of its rights and obligations under these terms to any party to which OHT transfers its business or as part of an OHT restructure, and you hereby provide prior consent for such action by OHT.