TERMS & CONDITIONS

Last updated: July 29, 2015

 

1. Introduction

a) Within these terms and conditions, when we refer to "this website", we refer to any features and services we make available, including this website at www.puntingdungeon.com.au, www.puntingdungeon.com and any other branded or co-branded websites (including sub-domains and/or mobile versions); social channels (including www.facebook.com/allsportpuntingdungeon, www.twitter.com/puntingdungeon; and other media, devices or networks now existing or later developed and/or deployed. 

b) Within these terms and conditions, when we refer to "our", "we" and "us", we mean All Sport Punting Dungeon and/or our affiliates.   

c) Within these terms and conditions, when we refer to “you" and "your”, we mean the person using this website.

d) These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you should discontinue your use of this website.

e) You must be at least [18] years of age to use this website.  By using this website (and thereby agreeing to these terms and conditions) you warrant and represent that you are at least [18] years of age.

 

 2. Privacy

Your privacy is very important to us. All Sport Punting Dungeon designed our Privacy Policy to make important disclosures about how we collect and use your content and information. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

 

 3. License to use this website

a) Unless otherwise stated, All Sport Punting Dungeon and/or its licensors own the intellectual property rights in this website and all material on the website.  Subject to the license below, all these intellectual property rights are reserved.

b) You may view, download, and print pages from this website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

c) You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from this website;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on this website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).

 

4. Acceptable use

a) You must not use this website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of this website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

b) You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, robots, spiders, or other malicious computer software and/or code.

c) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without All Sport Punting Dungeon’s express written consent.

d) You must not use this website to transmit or send unsolicited commercial communications.

e) You must not bully, intimidate or harass other users.

f) You must not post content that is hateful, threatening, pornographic, or contains nudity or graphic or gratuitous violence.

g) You must not facilitate or encourage any violations of these terms and conditions.

h) You must not use this website for any purposes related to marketing without All Sport Punting Dungeon’s written consent. 

i) We endeavour to keep this website safe, however cannot guarantee it. Please contact us at aspdungeon@gmail.com to report any issues.

 

5. Protecting other people’s rights

We respect other people's rights, and expect you to do the same.

a) You will not post content or take any action on All Sport Punting Dungeon that infringes or violates someone else’s rights or otherwise violates the law.

b) We can remove any content you post on All Sport Punting Dungeon if we believe that it violates these terms and conditions

c) If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake please contact us via email at aspdungeon@gmail.com.

d) If you repeatedly infringe other people's intellectual property rights, we will disable your access to this website when appropriate.

e) You will not use our copyrights or trademarks without our written permission.

f) You will not post anyone's identification documents or sensitive financial information on this website

 

6. Paywall to access premium content

a) Some parts of the website, website content and related products (as available) are only available to users who have successfully purchased and logged in via Tinypass allowing access within the paywall/restricted area of the site.

b) By completing the payment process, you are agreeing to all Terms & Conditions of our website, as well as all Terms & Conditions, Terms of Use and/or Privacy Policy relating to Tinypass, Inc.

c) Your payment will be automatically processed at the time of making your application and access beyond the paywall should then be available. If for any reason, you are unable to access the content behind the paywall, please contact us via email at aspdungeon@gmail.com.

d) We reserve the right to reject an application and, if we do so, we will refund your payment and communicate via email.

e) You acknowledge that your subscription may not be transferred or assigned to anyone else and that information you obtain through the website may not be shared with anyone else.

f) You must ensure your contact (and other) details provided to us are accurate and complete and always kept up to date.

g) Upon our request, you agree to provide us with identification and other information as we may reasonably require to verify your identity, your compliance with the Terms & Conditions or as may be required by any law or government agency.

 

7. Payment fees

a) In order to access premium content behind the paywall, you must pay the fees stated within the Tinypass popup curtain. Such fees are subject to change at any time with the curtain/prompt confirming the current fees required to proceed and associated time durations covered under each fee. Any special offers we may advertise may be for a limited time or quantity. You agree that you will not be entitled to any refund or reimbursement if the fees decrease or if any special offers are available which mean that your current subscription would have been cheaper if purchased at another point in time.

b) We make no guarantees as to the quality or quantity of the content behind the paywall on any given day, week, month or time duration. Payment does not result in emails or additional specific communication with you, only that you are able to access specific areas of the website blocked by the paywall. 

b) All fees are also subject to currency conversion fees and any additional fees states as part of the Tinypass access process. All payments must be in advance, in order to access the content behind the paywall.

c) Refunds are not available if you simply change your mind following payment, nor if you are unhappy with the content provided behind the paywall. If we terminate your access we will provide a pro-rata refund of your payment for the remaining period, unless we terminate because you do not comply with these Terms & Conditions.

d) Payments are processed through a third party payment gateway Tinypass, Inc, or such other payment method as advised on the website. If there is a problem processing your payment after your access has been confirmed, we may cancel your access immediately.

e) You agree that we are not responsible for and that you accept all risks related to the treatment of any information you provide to a third party as part of the payment process. The security of any payments made and any information you provide is dependent upon the security of our third party payment gateway providers. If you are not comfortable accepting these risks please contact us at aspdungeon@gmail.com to discuss possible alternatives.

f) Payment settles in USD (US Dollars), hence currency conversion fees may apply.

g) You may terminate your access at any time by emailing us at aspdungeon@gmail.com, however no refunds are available. We may terminate your access immediately by advising you by email, restrict access available to you and/or refuse service to you if we believe:

  • you are in breach of these Terms & Conditions, any law or the legal rights of any person; or
  • you are using the website in an inappropriate way or outside its intended purposes; or
  • if we no longer offer the access or for other business reasons. No refunds are available except as required by law.

 

8. Changes to website content and functionality

The website is a dynamic part of our business and its content and functionality may change over time. In general, changes to website content and functionality will happen without you receiving notice and may include the addition or removal of tips, information, commentary, products for sale and/or services. If you are not satisfied with any changes to the website content and/or functionality, you may terminate your access at any time by emailing us at aspdungeon@gmail.com.

 

9. Responsible use

Although the website does not offer any gambling or betting capabilities, it does provide content related and relevant to gambling and betting. WARNING: If you gamble, you risk losing money. Please ensure you put sensible limits in place to help control your gambling activities and that you never gamble more money than you can afford to lose. Gambling can become a major problem and we strongly advise that you seek professional help if you feel you may be losing control of the amount you spend and that you are not sticking to threshold amounts you can afford to lose. You can seek help from Gamblers Help via phone on 1800 858 858.

 

10. No warranties

a) This website is provided “as is” without any representations or warranties, express or implied. All Sport Punting Dungeon makes no representations or warranties in relation to this website or the information and materials provided on this website. 

b) Without prejudice to the generality of the foregoing paragraph, All Sport Punting Dungeon does not warrant that this website will be constantly available, or available at all.

c) While care is taken in the preparation of information published on this website, all Sport Punting Dungeon accept no responsibility nor warrants the accuracy of the information displayed.

d) Information on this website has been provided for entertainment purposes only, hence All Sport Punting Dungeon accept no responsibility for any assumptions based or derived from any information displayed or assumed.

e) For the avoidance of doubt, we are not responsible for any gambling losses incurred. Any monetary investment based on information provided on this website (or associated websites) is at the risk of the investor. WARNING: GAMBLING INVOLVES RISK.

f) All information (including, but not limited to fields, race numbers, horse numbers, scratchings, odds, statistics, team lineups) provided should be checked with an official source.

 

11. Limitations of liability

a) All Sport Punting Dungeon will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

b) These limitations of liability apply even if All Sport Punting Dungeon has been expressly advised of the potential loss.

 

12. Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit All Sport Punting Dungeon’s liability in respect of any:

  • death or personal injury caused by All Sport Punting Dungeon's negligence;
  • fraud or fraudulent misrepresentation on the part of All Sport Punting Dungeon; or
  • matter which it would be illegal or unlawful for All Sport Punting Dungeon to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

13. User content

a) Within these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

b) For content that is covered by intellectual property rights, you specifically grant All Sport Punting Dungeon a worldwide, irrevocable, non-exclusive, transferable, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant All Sport Punting Dungeon the right to sub-license these rights, and the right to bring an action for infringement of these rights.

c) Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or All Sport Punting Dungeon or a third party (in each case under any applicable law). 

d) You must not submit any user content to this website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

e) All Sport Punting Dungeon reserves the right to edit or remove any material submitted to this website, or stored on associated servers, or hosted or published upon this website.

f) Notwithstanding All Sport Punting Dungeon’s rights under these terms and conditions in relation to user content, All Sport Punting Dungeon does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

g) All Sport Punting Dungeon reserves the right to use feedback and/or suggestions provided via surveys or similar means without any obligation to compensate you/the provider for them (Just as you/the provider have no obligation to offer them).

 

14. Comments terms

All Sport Punting Dungeon reserve the right to delete any comments/posts deemed to be inappropriate. If you breach any of these rules, you may risk having your access to this website revoked. You agree to not post any item that:

  • Is defamatory or discloses any information that you have no legal right to disclose;
  • 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;
  • Is any form of advertising (including affiliate programs), promotional material or any other form of commercial activity;
  • Is intentionally false or misleading statements or any statement seeking to unfairly manipulate a market;
  • Attempts to publish, collect or store data relating to customers including personal details such as email addresses, phone numbers and residential addresses;
  • Contains a link to any other website address of, or promotes the services of, a competitor of All Sport Punting Dungeon;
  • Is in a language other than English;
  • Is protected by any form of intellectual property whether registered or unregistered or any contractual, statutory and equitable obligations of confidence;
  • Is or may amount to collusion or activities of a suspicious or criminal nature;
  • 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;
  • Is a website complaint or enquiry or query requiring a response by All Sport Punting Dungeon. For such matters, please contact us via email at aspdungeon@gmail.com; or
  • Is not relevant to the blog post or discussion.

 

15. Reasonableness

a) By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

b) If you do not think they are reasonable, you should discontinue your use of this website.

 

16. Other parties

a) You accept that, as a limited liability entity, All Sport Punting Dungeon has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against All Sport Punting Dungeon’s officers or employees in respect of any losses you suffer in connection with this website.

b) Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect All Sport Punting Dungeon’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as All Sport Punting Dungeon.

 

17. Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

18. Indemnity

You hereby indemnify All Sport Punting Dungeon and undertake to keep All Sport Punting Dungeon indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by All Sport Punting Dungeon to a third party in settlement of a claim or dispute on the advice of All Sport Punting Dungeon’s legal advisers) incurred or suffered by All Sport Punting Dungeon arising out of any breach by you of any provision of these terms and conditions, (or arising out of any claim that you have breached any provision of these terms and conditions).

 

19. Breaches of these terms and conditions

Without prejudice to All Sport Punting Dungeon’s other rights under these terms and conditions, if you breach these terms and conditions in any way, All Sport Punting Dungeon may take such action as All Sport Punting Dungeon deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

20. Variation

All Sport Punting Dungeon may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

21. Assignment

a) All Sport Punting Dungeon may transfer, sub-contract or otherwise deal with All Sport Punting Dungeon’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

b) You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

22. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect.

 

23. Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Victorian law, and any disputes relating to these terms and conditions will be subject to the (non-) exclusive jurisdiction of the courts of Victoria.

 

24. Disputes

a) You will resolve any claim, cause of action or dispute ("claim") you have with All Sport Punting Dungeon arising out of or relating to these terms and conditions or All Sport Punting Dungeon exclusively in a state or federal court located in Melbourne, Australia. The laws of the state of Victoria will govern these terms and conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in the State of Victoria for the purpose of litigating all such claims.

b) If anyone brings a claim against All Sport Punting Dungeon related to your actions, content or information on this website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

c) WE TRY TO KEEP ALL SPORT PUNTING DUNGEON UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ALL SPORT PUNTING DUNGEON "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ALL SPORT PUNTING DUNGEON WILL BE SAFE OR SECURE. ALL SPORT PUNTING DUNGEON IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR ALL SPORT PUNTING DUNGEON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND CONDITIONS OR ALL SPORT PUNTING DUNGEON WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ALL SPORT PUNTING DUNGEON’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

25. Other

a) These terms and conditions, (together with our Privacy Policy) constitute the entire agreement between you and All Sport Punting Dungeon, and supersede all previous agreements in respect of your use of this website.

b) If we fail to enforce any part of these terms and conditions, it will not be considered a waiver.

c) Any amendment to or waiver of these terms and conditions must be formally made in writing and signed by us.

d) You will not transfer any of your rights or obligations under these terms and conditions to anyone else without all Sport Punting Dungeon’s consent.

e) All Sport Punting Dungeon’s rights and obligations under these terms and conditions are freely assignable by All Sport Punting Dungeon in connection with a merger, acquisition, corporate restructure, or sale of assets, or by operation of law or otherwise.

f) Nothing in this Agreement shall prevent All Sport Punting Dungeon from complying with the law.

g) This Statement does not confer any third party beneficiary rights

 

26. Contact us

If you have any queries or concerns, please contact All Sport Punting Dungeon via email at aspdungeon@gmail.com.

 

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.