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PARTY PUNTER - TERMS & CONDITIONS OF USE

 

Party Punter means the website www.partypunter.com.au.

Terms means the terms and conditions contained in this document, as amended by us from time to time and published on Party Punter.

User or you means you.

We, us or our means Party Punter ABN 82 180 231 786.

1. Acceptance

These Terms are accepted by you when you click to acknowledge reading and accepting them when registering and each time you browse Party Punter or login to use the Service offered on Party Punter.

You acknowledge having read and agreeing to be bound by these Terms before using Party Punter.

2. The service offered

2.1 Party Punter provides a platform for people to compete against each other by "betting" on horse-racing meets in Australia using fantasy credits rather than actual money (Service).

2.2 Party Punter allows Users to: 

    (a) Practice their punting skills and test their punting strategies; 

    (b) Punt with fantasy credits to eliminate any monetary risk;  

    (c) Win prizes; and 

    (d) Study free form guides supplied for competition race meets 

2.3 The Service may only be used by registered Users.

2.4 Party Punter is offered as a free game to all participants and is not to be used in connection with any form of actual gambling. 

2.5 By these Terms, we license you to use the Service and/or Party Punter on these Terms. That license can be revoked by us at any time without notice and for no reason.

2.6 We may change the content, presentation, functionality, layout, performance and availability of any part or all of Party Punter in our absolute discretion and without notice.

2.7 We may suspend access to Party Punter at any time for such things as maintenance, repairs and updates. We will endeavour to provide notice but are not obliged to.

3 Use of Party Punter

Eligibility

3.1 All Users must be 18 years old or over. We reserve the right to take steps to verify your age.

Setting up an account

3.2 You must set up an account (Account) in order to use the Service and to be eligible to win any of the prizes that may be offered.

3.3 When you first set up your Account, you will be given a username and password.

3.4 When setting up your Account, you must:

    (a) provide true, accurate, current and complete information about the User as prompted by the registration form; and

    (b) to maintain and promptly update your personal information to keep it true, accurate, current and complete.

3.5 If you provide untrue, inaccurate, out of date or incomplete information, or if we have reasonable grounds to suspect that the information is untrue, inaccurate, out of date or incomplete, we may suspend or terminate your Account and refuse any current or future use of the Service and/or Party Punter.

3.6 You are responsible for maintaining the confidentiality of the username and password and you are responsible for all activities that occur on your Account.

3.7 You agree to immediately notify us of any unauthorised use of Your Account and you agree to log out of Party Punter and close your browser each time that you finish using the Service.

Competition Race Meets

3.8 Each week, Party Punter will announce a specific horse-racing meet (which will usually be held on a Saturday) in which Users can use fantasy credits to "bet" on horse-races, compete against each other and possibly win prizes (Competition Race Meet).

3.9 The announcement as to which horse-racing meet is the Competition Race Meet for that week will be announced on Party Punter prior to the commencement of the Competition Race Meet. Users must login to their Account to receive notification of the Competition Race Meet for each week.

3.10 Users will receive 1,000 fantasy credits each week to use to bet on a Competition Race Meet. Party Punter will not issue more than 1,000 fantasy credits to each User each week to be used for Competition Race Meets.

3.11 Fantasy credits may be used to "bet" on horses in a Competition Race Meet using win/place bets, trifectas, quinellas, exactas or first fours, if available. Fantasy credits may not be used for any other purpose.

3.12 If you win a "bet" on a Competition Race Meet, you will receive additional fantasy credits that may then be used to bet further at that particular Competition Race Meet. Alternatively, the User may choose to retain the additional fantasy credits that they have won as this may affect their overall position on the competition ladder at the conclusion of the Competition Race Meet. The number of fantasy credits that you will receive for winning your bet will be equivalent to the odds of the race.

3.13 Users will be able to view their position on the competition ladder throughout the Competition Race Meet and will also be able to view the position of other Users on the competition ladder by username or email address if the User has not created a username.

3.14 The User who has the most fantasy credits at the conclusion of each Competition Race Meet may win a prize in accordance with the terms and conditions as outlined below or as notified on Party Punter from time to time.

3.15 Fantasy credits earned or received from previous Competition Race Meets will not be carried over to the next Competition Race Meet. Fantasy credits for Competition Race Meets cannot be used for Regular Race Meets.

3.16 Users must place at least one "bet" on a Competition Race Meet to be eligible to win a prize for that Competition Race Meet.

3.17 Users who do not place at least one "bet" on a particular Competition Race Meet but appear on the competition ladder at the conclusion of the Competition Race Meet with the most fantasy credits will not be eligible to win a prize for the Competition Race Meet for that week.

3.18 Users must compete in atleast five race meets in a quarterly competition to be eligable for the seasonal prizes.

Regular Race Meets

3.18 Users may use fantasy credits to bet on horse-racing meets held throughout Australia and New Zealand that appear on Party Punter even if the race meet is not classified as a Competition Race Meet. All horse-racing meets that appear on Party Punter (excluding Competition Race Meets) are referred to in these Terms as Regular Race Meets.

3.19 Users who only "bet" on Regular Race Meets will not be eligible to win prizes.

3.20 Party Punter will at no time run a competition for Users who bet in Regular Race Meets. The purpose of "betting" on Regular Race Meets is to use fantasy credits to practice your "betting" skills or test your theories whilst eliminating the monetary risk that you will lose money on your "bet".

3.21 When you set up your Account with Party Punter, you will receive 1,000 fantasy credits to use to bet on Regular Race Meets. If you run out of fantasy credits, you may apply for additional fantasy credits to "bet" on Regular Race Meets by resetting your balance on the ‘My Account’ page of Party Punter.

3.22 If you win your "bet" on a Regular Race Meet, you will receive additional fantasy credits. The number of fantasy credits that you will receive for winning your "bet" will be equivalent to the odds of the race.

3.23 Fantasy credits for Competition Race Meets cannot be used for Regular Race Meets and vice versa.

3.24 Fantasy credits may be used to "bet" on horses in a Regular Race Meet using win/pace bets, trifectas, quinellas, exactas or first four, if available. Fantasy credits may not be used for any other purpose.

Races generally

3.25 The horse races are in real time – you are using your fantasy credits to "punt" on a real race.

3.26 The horse races for which you may use your fantasy credits are listed on Party Punter.

3.27 We take no responsibility for the cancellation of any horse race or the scratching of any horse in any race.

3.28 Party Punter will replenish any fantasy credits to the User that are "bet" on a race that is cancelled or on a horse that is scratched within a reasonable time.

Prizes for Competition Race Meets

3.29 In order to be eligible to win a prize for a Competition Race Meet, you must be over the age of 18 years, permanently reside in Australia and "punt" in the Competition Race Meet for that week.

3.30 Prizes or offers will be announced prior to the commencement of each Competition Race Meet and are at the discretion of Party Punter.

3.31 Prizes or offers may be awarded to the five (5) Users in the Competition Race Meet each week that have accumulated the most fantasy credits from winning their bets in that Competition Race Meet. Each week will commence at 12.00am on Monday and conclude at 11.59pm on Sunday.

3.32 In the event of a tie break, prizes will be shared equally between the winners in our discretion. For example, if first place is tied by three people, prizes for first, second and third will be added together and then divided equally between the three winners. A further example is if fifth place is tied between five people, the prize for fifth place will be divided equally between the five people who are in fifth place.

3.33 Cash prizes may be delivered to the winners by bank transfer as soon as practicable after the Competition Race Meet concludes.

Advertising

3.34 Advertisements from third parties may appear on Party Punter.

3.35 Party Punter takes no responsibility for the goods and services advertised on Party Punter and do not make any representations or warranties in respect of such goods and services that are advertised.

Privacy

3.36 We respect our Users' privacy. Any personal information we obtain will be held with care and security. We will never pass this information onto any third parties for their marketing purposes. However, your username will be publically available in the competition ladder, so if you do not want to be identified you should use a "fantasy" name.

4 Your obligations

You must only use the Services for the intended purpose identified in Clause 2 above and for no other purpose (including for the purpose of actual gambling).

5 Limitations

You hereby acknowledge and agree that:

(a) we have no control over the horse races or the odds; we have no knowledge or control in relation goods or services that are advertised by third parties on Party Punter; and Party Punter is not to be used for the purpose of or purposes relating to actual gambling.

(b) we have no control over the horse races or the odds; we have no knowledge or control in relation goods or services that are advertised by third parties on Party Punter; and

(c) Party Punter is not to be used for the purpose of or purposes relating to actual gambling.

6 Termination

These Terms will apply from the period you first access or use Party Punter and all provisions relating to warranties, releases and indemnities in these Terms will remain forever operative.

We may terminate your use of Party Punter at any time in our absolute discretion, particularly if we become aware of any actual or potentially unlawful or inappropriate use of Party Punter or use of Party Punter outside of these Terms.

7 Release and indemnity

You hereby release and indemnify and agree to forever keep us and any directors, officers, employees, servants and agents indemnified from any and all loss, cost, damage, liability or expense, including indirect, consequential and special losses, that we may incur in relation to you or any third party, where the cost, damage, liability, expense or loss is caused by or contributed to by the use of Party Punter, our negligence or breach of contract, including of these Terms, by us or for any other reason whatsoever.

8 No warranties

We do not provide any warranties in relation to the Service provided by Party Punter, particularly because we have no control over the horse-races, Party Punter being an online platform to facilitate "simulated punting" on horse races by using fantasy credits.

Although we will use our best endeavours to seek to ensure that Party Punter is online and available for use most of the time, we cannot and do not warrant or guarantee that Party Punter will always be available for use.

Any warranty or condition which would or could otherwise be implied in against us in these Terms (including, but not limited to, merchantability, suitability or fitness for purpose, quality, design, assembly, operation or otherwise) is expressly negatived and is excluded to the maximum extent permitted by law.

We make no warranties that any plan, system or theory you develop whilst using Party Punter will work in the real world!

9 Intellectual property

All content of and on Party Punter, including its "look and feel" (such as the text, graphics, images, logos, buttons, icons, functionality and layout of same), and all software, code and programming are protected under intellectual property laws relating, without limitation, copyright, trademark and patent.

You may not copy or reproduce, either in whole or in part, any of the content, software, code or programming of Party Punter without our prior written consent which we may withhold in our absolute discretion.

No assignment, transfer or other dealing with our intellectual property in your favour arises as a result of these Terms or your use of Party Punter.

10 No interference

You must not and must not assist or allow any person or entity to:

(a) use any software, device, robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithms or methodologies to access, acquire, copy or monitor Party Punter or its use;

(b) post or transmit any file which contains a virus, worm, trojan horse or any other contaminating or destructive features or that otherwise interfere with the proper working of Party Punter; or

(c) decipher, decompile, disassemble, or reverse-engineer (or attempt to do so) any of the software, code or programming comprising Party Punter, whether in whole or in part.

11 General

(a) Notices

Any notices required or permitted to be given under these Terms by you to us must be in writing and given by personal service,

pre-paid postage or e-mail transmission to the addresses described on Party Punter as amended from time to time.

Any notices required or permitted to be given under these Terms by us to you must be in writing and sent by e-mail transmission to the addresses provided by you as part of your registration for use of Party Punter or by notice on Party Punter itself.

(b) No waiver

No right under these Terms will be waived by us except as expressly agreed in writing by us. We do not waive a right if we grant

an extension or forbearance to you.

A waiver by us of any matter does not prejudice our rights in respect of any subsequent or other matter. Any non-exercise or partial exercise of, or any delay in exercising any right or remedy does not constitute a waiver of that right or remedy.

These Terms may only be amended by us. Any amendment will take effect immediately after we either notify you or from the time that you accept the Terms as amended (such as the next time you access Party Punter).

(c) Independent legal advice

You acknowledge that you have had adequate opportunity to obtain independent legal advice as to the meaning and effect of

these Terms before they were accepted and prior to each occasion you decide to use Party Punter.

(d) Entire agreement

These Terms (as amended from time to time and notified on Party Punter) supersede all previous agreements between us and embody the entire agreement in relation to the use of Party Punter or the Service.

(e) Delegation We may delegate or sub-contract the performance of any obligation in relation to Party Punter or the Service in our absolute

discretion.

(f) No assignment

The agreement between us in relation to Party Punter is personal to you. Accordingly, you may not assign the benefits or obligations in relation to it without our consent, which may be withheld in our absolute discretion.

(g) Severance

If (but for this clause) a provision of these Terms would be illegal, void, unenforceable or contravene any law, these Terms are to be varied so as to give effect to the intention of these Terms or severed without affecting the enforceability of the other provisions and failing that, the offending provision is to be interpreted as if the provision was omitted.

(h) Governing law and jurisdiction

These Terms and the transactions contemplated by them are governed by the law of New South Wales, Australia. We each irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and all courts called to hear appeals from the courts of New South Wales in respect of these Terms or its subject matter.

12 Questions / comments

If you have any questions or comments in relation to these Terms, Party Punter or the Service, including ways we could improve or add to it, please us by email at info@partypunter.com.au.