TERMS OF USE
Welcome to our website. Racepoint Australia (‘we', 'our' or ‘us’) and www.racepoint.com.au (“website” or “site”) is owned and operated by FMX Solutions Pty Ltd (ACN 163 261 872). These Terms of Use (Terms) govern your use of our site, products and services. Please read these Terms carefully. If you have any questions or concerns, please contact us: info@racepoint.com.au
By using, visiting or accessing our site, subscribing to our site or purchasing one of the products, or services via our site, you warrant that that you have read, understood and accept these Terms.
By accessing our site or using our products and services you confirm you are 18 years of age or above.
The information, including statements, opinions and documents contained on this site is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances.
The information we provide is not financial advice. All information is provided for entertainment purposes only and is done so in good faith.
SUBSCRIPTIONS & BILLING
All our subscriptions are set up as recurring subscriptions with your nominated financial institution automatically billed monthly once your initial subscription period has expired. We currently use PayPal to facilitate and administer these payments. These charges are recurring until you notify us in writing that you wish to cancel your subscription or cancel the subscription directly through your PayPal account.
Our prices are all in Australian dollars ($AUD) and include GST (Goods and Services Tax). Subscription prices can be subject to increases or decreases at our discretion at any time. If our prices are updated, we will inform you no less than five (5) business days prior to your billing cycle.
If we receive a notice from PayPal that your subscription payment cannot be processed when due, we reserve the right to charge an administration fee to reactivate and/or manually process a payment.
The Racepoint Betting Service will generally operate throughout most weeks of the year, with the exceptions of short breaks at our discretion. The subscription rate takes these breaks into consideration. Credits or refunds on a pro-rata basis for these periods are at our discretion with consideration to the duration and circumstances as to which the service is not operating.
Nothing in these terms restricts the rights which you may have under Australian Consumer Law.
REFUNDS & CANCELLATION
If you change your mind or make a wrong selection, we will not normally provide a refund, so please consider your subscription carefully. You are not entitled to a refund for any unused portion of your membership should you decide to cancel, however we may consider this at our discretion. Subscriptions and Memberships are not transferrable.
To cancel your membership, please Contact Us or use your PayPal account to process the cancellation. If you would like us to cancel your subscription, please contact us at least two (2) business days prior to you next billing date.
DISCLAIMER AND LIABILITY
To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential loss, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the site, products and services.
Whilst all care is taken in compiling any information, no representation or warranty is given in respect of accuracy or completeness of the information, and no responsibility for any errors or omissions is taken or accepted. We will not be liable or responsible for any losses purportedly brought about by any such omissions or inaccuracies.
Performance and Results quoted on the site represents past performance, which is no guarantee of future results. Results will fluctuate, so you may have a gain or loss during your subscription period. Performance may be higher or lower than that quoted subject to individual bet timing and odds.
We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of our site and services or to your downloading of any material provided, or on any website linked to it. We recommend that all members and users of the site ensure that they have up to date virus protection software installed.
We make no guarantee of availability of the website, Short Message Service (SMS) or email services and accept no responsibility for interrupted service of any kind or for failure to provide information and/or selections from any of our services for any reason including but not limited to; website unavailability, SMS transmissions not being delivered, interrupted internet access, emails not being delivered on time.
COPYRIGHT AND INTELLECTUAL PROPERTY
All material and contents contained within the Website and Services is copyright © 2016-2019 and protected by Australian and International Copyright Laws, and intellectual property laws and treaties around the world. All such rights are reserved.
The information and other material available from the Racepoint Australia site may come from several sources, including contributors and third parties who have given permission for use of their material.
The content presented as part of your subscription may not under any circumstances be disseminated, distributed or transmitted in any way without our express written consent.
You agree that you will not use the Racepoint Australia website or our services for any purpose that is unlawful or in any commercial enterprise and you are prohibited from using our Site, including our information, in any way that competes with us. If you breach this term, we will hold you responsible for any loss that we may incur and we reserve the right to pursue you for losses, costs, expenses, damage and/or compensation.
RESPONSIBLE GAMBLING
Racepoint Australia encourages responsible gambling. If you need help call 1800 858 858, contact your local State gambling helpline, or visit www.gamblinghelponline.org.au.
We may at our discretion prevent access to our products and services if we believe any member is displaying signs of irresponsible gambling. If a third party connected to a member contacts us and gives us reason to suspend or put a membership on hold, we may at our discretion comply with that request.
TERMINATION
We reserve the right to terminate your use of, access to or revoke your subscription and access to our products and services should we deem it appropriate. The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.
We reserve the right to exclude any person from using our Site and Information, at our sole discretion.
THIRD PARTY LINKS & INFORMATION
The Racepoint Australia website may contain third-party links to other websites, however, we do not endorse, review, approve or accept any responsibility in relation to the operators of linked third party sites or the information and material on such sites, nor the products or services offered.
We will not sell, trade, give or rent any personally identifiable information obtained from you to a third party unless you consent. We may from time to time, send you communications to your email address with information which we think you will find useful, including updates, newsletters or information about products and services from Racepoint Australia. In any such e-mail, we will also have instructions on how you may unsubscribe from the mailing list so that you will not receive any future e-mails if you do not wish to.
PRIVACY
We are committed to protecting your privacy. Please read our Privacy Policy. By agreeing to the Terms, you agree to accept our Privacy Policy.
OTHER TERMS
If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.
You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
From time to time we may amend the terms and conditions of the subscription service. By continuing to subscribe after such amendments have been made, members agree to be bound by the terms as amended. If at any time members do not agree to these terms, they should cease their subscription.
All information and services contained within this website are governed by and are to be construed according to the laws applicable in the State of Victoria and the Commonwealth of Australia.
By using this site and any products or services you acknowledge that you understand and agree to the above Terms.