Effective 5 February 2018
Bet Odyssey is a web services platform, owned by Bet Odyssey Pty Limited (“BOPL”) that allows people to access Bet Odyssey, which is a predictive service hosted in Australia (“Service”). Bet Odyssey members can define a filtering service which uses real time racing and sports data to identify a potential opportunity (“Members”).
BOPL may modify this Agreement from time to time and such modification shall be effective upon posting by BOPL on the Bet Odyssey Website or Mobile App. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you provide on the Bet Odyssey service and that you provide to other Users. Your Bet Odyssey profile will be developed wholly by you, without any involvement or input whatsoever from us. Your Bet Odyssey profile and information you post through the Service may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and BOPL assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please contact us at firstname.lastname@example.org.
BOPL reserves the right, in its sole discretion, to cancel any membership, including your membership and/or reject, refuse to post or remove any posting (including private messages) by you or any other Member, or to restrict, suspend, or terminate your access to all or any part of the Service at any time at its convenience, for any reason or no reason, with or without prior notice, and without liability, as determined by BOPL, for Members that access the same. We expressly reserve the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Service if we determine, in our sole discretion, that you pose a threat to us and/or other Users.
Use of and Membership in the Service is void where prohibited. By using the Service, you represent and warrant that (a) all registration information and data/information contributions you submit are truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
This Agreement shall remain in full force and effect while you use the Service or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. BOPL may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5 through 16.
3. Fees and charges:
You acknowledge that BOPL reserves the right to charge for the Service and to change its fees from time to time in its discretion. If BOPL terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. You acknowledge and agree that all telecommunications charges, including SMS and data charges, incurred by you due to your use of the Service are solely your responsibility and are separate matters between you and your mobile/cell telephone service provider, which sits outside the terms of this Agreement. You acknowledge and agree that BOPL may enter into a revenue sharing and/or royalty payment arrangements with third parties, on separate terms outside the scope of this Agreement. BOPL will have a real time access view for on-line and mobile app data tracking purpose only, and will not have access to your sensitive and/or confidential information. You further acknowledge that BOPL may also, in its sole discretion, pay other third parties for content (on separate commercial terms outside the scope of this Agreement) that will be provided to you and other Members as part of the Service.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to immediately notify BOPL immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members:
The Service are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved in writing by BOPL. Illegal and/or unauthorised use of the Service, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Bet Odyssey Website or Mobile App is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorised use of the Service.
6. Proprietary Rights in Content on Bet Odyssey service:
1. BOPL does not claim any ownership rights in the text, images, photos, video, sounds, musical works, or any other materials (collectively, “Content”) that you post to or source through the Service. After posting your Content to or sourcing Content through the Service, the owners of such Content continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose and use third party Content under their separate required terms and conditions, which sit outside the scope of the terms of this Agreement. By displaying or publishing (“posting”) any Content on or through the Service, you hereby grant to BOPL a limited license to use, reproduce, distribute and archive such Content solely on and through the Service. BOPL will own the meta data associated with Members use of the Service and may freely use that meta data internally, to review and restructure the existing Service and create new services and to consult to third parties for various business and non-commercial reasons.
Without this license, BOPL would be unable to provide the Service. The license you grant to BOPL is non-exclusive (meaning you are free to license your Content to anyone else in addition to BOPL), fully-paid and royalty-free (meaning that BOPL is not required to pay you for the use on the Service of the Content that you post, unless we enter into with you a separate written revenue sharing agreement), sublicensable (so that BOPL is able to use its affiliates and subcontractors to provide the Service), and worldwide (because the Internet and the Service are global in reach). This license will terminate at the time you remove your Content from the Service. The license does not grant BOPL the right to sell your Content, nor does the license grant BOPL the right to distribute your Content outside of the Service.
2. You represent and warrant that: (i) you own and/or are authorised to distribute the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Service.
3. The Service contains Content of BOPL or Content of third parties authorised by BOPL (“Bet Odyssey Content”). Bet Odyssey Content is protected by copyright, trademark, patent, trade secret and other laws, and BOPL either has the right to use or owns and retains all rights in the Bet Odyssey Content and the Service. BOPL hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Bet Odyssey Content, excluding any software code, solely for your personal use in connection with viewing the Bet Odyssey Website or Mobile App and using the Service.
4. The Service contains Content of Users and other BOPL licensors. Except for Content posted by you or sourced by you under the terms of this Agreement through the Service, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service.
7. Content Posted:
1. BOPL may delete any Content that in the sole judgment of BOPL violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. BOPL assumes no responsibility for monitoring the Service for inappropriate Content or conduct. If at any time BOPL chooses, in its sole discretion, to monitor the Service, BOPL nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or source through any of the Service, and any material or information that you transmit to other Members and for your interactions with other Users. BOPL does not endorse and has no control over the Content. Content is not necessarily reviewed by BOPL prior to posting and does not necessarily reflect the opinions or policies of BOPL. BOPL makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members or that your source through the Service.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Service. BOPL reserves the right to investigate and take appropriate legal action against anyone who, in BOPL’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of BOPL:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
The following is a partial list of the kind of activity that is illegal or prohibited on the Bet Odyssey Website and Mobile App, and through your use of the Service. BOPL reserves the right to investigate and take appropriate legal action against anyone who, in BOPL’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
14. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
15. advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BOPL reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which BOPL deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk SMS and/or email messages or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to BOPL, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BOPL AUD$50 for each requested recipient of such unsolicited message and other unsolicited communication you send through the Service;
16. interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
17. attempting to impersonate another Member or person;
18. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
19. selling or otherwise transferring your profile;
20. using any information obtained from the Service in order to harass, abuse, or harm another person or for other database building purposes;
21. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or
22. using the Service in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy:
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BOPL to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to BOPL by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. BOPL’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Attention: Copyright Agent; and email: email@example.com.
10. Member Disputes. You are solely responsible for your interactions with other Bet Odyssey Members. BOPL reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Disclaimers. BOPL is not responsible for any incorrect or inaccurate Content posted or queries made on the BOPL Website or in connection with the Service, whether caused by Users of the Service or by any of the equipment or programming associated with or utilised in the Service. Profiles created and posted by Members on the Bet Odyssey Website or Mobile App may contain links to other websites. BOPL is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BOPL. Inclusion of any linked website on the Service does not imply approval or endorsement of the linked website by BOPL. When you access these third-party sites, you do so at your own risk. BOPL takes no responsibility for third party advertisements which are posted on the Bet Odyssey Website, Mobile App, or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers. BOPL is not responsible for the conduct, whether online or offline, of any User of the Service. BOPL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User or Member communication. BOPL is not responsible for any problems or technical malfunction of any telephone network or lines, telecommunication and data transfer services, computer online systems, mobile telephones or cell phones, servers or providers, computer equipment, software, failure of any email or SMS gateways due to technical problems or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall BOPL be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, attendance at a BOPL event, from any Content posted on or through the Service, or from the conduct of any Users of the Service, whether online or offline. The Service is provided “AS-IS” and as available and BOPL expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BOPL cannot guarantee and does not promise any specific results from use of the Service.
13. Limitation on Liability. IN NO EVENT SHALL BOPL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BOPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BOPL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BOPL FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. THE Service, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. BOPL AND ITS THIRD PARTY PROVIDERS (“LICENSORS”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BOPL AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. BOPL AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. BOPL AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
14. Disputes. If there is any dispute about or involving the Service, you agree that the dispute shall be governed by the laws of the State of Victoria, Australia, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Australia located in the State of Victoria, Australia. Either BOPL or you may demand that any dispute between BOPL and you about or involving the Service must be settled by arbitration utilising the dispute resolution procedures of the Supreme Court of Victoria, Australia, provided that the foregoing shall not prevent BOPL from seeking injunctive relief in a court of competent jurisdiction.
15. Indemnity. You agree to indemnify and hold BOPL, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Bet Odyssey Website, Mobile App, or through the Service causes BOPL to be liable to another.
16. Other. This Agreement is accepted upon your use of the Bet Odyssey Website, Mobile App, or any of the Service and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BOPL regarding the use of the Service. The failure of BOPL to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Bet Odyssey is a proprietary trademark of BOPL. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS CONTAINED HEREIN.