Crow Caster (referred to as "CC", "we", "us", "our") is the owner of this website ("Site"). By accessing or using this Site, whether as a "visitor" (where you browse through the Site without being registered) or as a "member" (where you have registered to be a member of the Site), you acknowledge that you are 18 years of age or older and agree to be bound by these terms and conditions ("Terms and Conditions") and all applicable laws and regulations that govern this Site, the content of this Site and the activities undertaken on or through this Site. These Terms and Conditions are also governed by:
(b) any guidelines, rules or disclaimers that may be posted and updated on the Site (or any part thereof) from time to time or on notices that we send to you. Your right to access this Site is granted at the sole discretion of CC. CC reserves the right to revoke or limit your access to this Site, or participate in any tipping competition run from this Site or to use any software belonging to CC, at any time and in the sole and absolute discretion of CC, without providing prior notice or reasons to you. CC accepts no responsibility for any damage or loss that may be caused to you or any third party as a result of CC exercising this right.
2. MODIFICATIONS OF TERMS AND CONDITIONS
CC reserves the right to amend, vary, change, modify, add or remove all or any portion of the Terms and Conditions in its sole and absolute discretion at any time and without prior notice to you. Any changes will operate prospectively.
Your continued use of the Site is taken to be implied acceptance by you of the Terms and Conditions as modified from time to time. Please check this page periodically for any modifications.
You must refrain from using this Site if you do not agree with or if you do not accept any of these Terms and Conditions.
3. INFORMATION PROVIDED BY YOU
In the course of using this Site, you may be required to provide us with certain information, including as part of the sign-up process. It is your responsibility to provide us with information that is accurate, complete and correct.
We may use your contact details to make contact for the purpose of getting feedback about our services and to make you aware of promotional offers, which may include 3rd party providers. You can request for us not to make contact with you by emailing us with this request. Your email to us should contact your user ID on our site and be sent from the email address that you have registered with us.
4. CC SOFTWARE
CC is the owner of, and has absolute title to all of the software used on or in conjunction with, or referred to, on this Site, including but not limited to all tipping software and software relating to tipping competitions ("CC Software").
5. TIPPING AND SELLING TIPS
You agree to provide tips and other information relevant to horse racing, harness racing. greyhound racing and other sports that accurately represent your views and opinions.
The tips and information that you provide to the site must be solely your own and not those of other persons or parties. The CC reserves the right to cancel your use of the site if it deems you have violated this condition.
The site allows members to add tips and comments for horse racing, harness racing, greyhound racing and other sports posted on the site pages for other users to view and use (“Tip Content”) and also to view and purchase or use the Tip Content in the process of placing a wager (“Tip Service”).
This Tip Content may be made available to third party websites for use.
In order for us to make Tip Content that you contribute available on the site for these purposes, and to operate, market and promote the Tip Service we need to make use of such Tip Content in accordance with and subject to this Agreement.
Therefore, by contributing Tip Content to the Site you automatically grant to us an irrevocable and perpetual, non-exclusive, transferable, royalty free, fully paid, worldwide license, by ourselves or with others, to use, copy, distribute, publicly display, print, publish and republish, in any form of media or expression, in a manner in which the Tip Service permits Tip Content to be used, and to license or permit others to do.
Sales that you make from selling your tips on the site include relevant taxes, credit card processing fees and commission. Monies payable to you ("payable balance") are equal to the total of net sales less the CC commission. Net sales are calculated by subtracting relevant taxes (e.g. GST) and credit card processing fees from the tip package sale price.
The CC commission rate applied to the sale of your tips equals 30% of the sale price. CC reserves the right to modify the commission amount at any time. The payable balance is paid on the fifteenth day of each month on balances as at 11.59 pm Eastern Standard time, Australia, on the last day of the previous month for amounts equal to, or greater than one hundred Australian dollars ($100).
If your balance is less than $100, payment will be withheld until your payable balance reaches or exceeds this amount. If you chose to close your account, the CC will pay your payable balance to you on the fifteenth day of the month after receiving notification from you to close your account. In the event of unforeseen operational issues or acts of God which prevent payment processes from being performed, the CC reserves the right to delay payments to you without any liability for costs or other consequential loss associated with delayed payment.
The CC commits to take measures available to them to resolve the issues restricting payment within a reasonable timeframe. Payments are made by bank deposit into your bank account according to the details that you provide to us. You are responsible for providing accurate personal details including name, surname, address and bank account details to be used for depositing funds into your bank account. The CC reserves the right to deduct costs associated with fees charged by banks caused by incorrect banking information provided by you.
Your tips may also be displayed as HOT Bets, on a third party site or sites at our sole discretion. A HOT Bet is an advertisement for a tip where a Bettor (“a person who places a bet”) may use your tip if and only if they press on the advertisement and follow the prompts to bet on the selection advertised, via the bookmaker who we choose to digitally connect to (“the HOT Bet process”).
If a Bettor takes your HOT Bet using the HOT Bet process and the bet wins, we will remunerate to you an Advertisement Fee. The Advertisement Fee for each HOT Bet will be calculated using several factors related to the HOT Bet which include but are not limited to:
Your HOT Bet earnings will be paid under the same terms and using the same process as Tip Sales payments, as detailed in this Agreement. Both your Tips Sales and HOT Bet Advertisement Fee payments will be made at the same time and a Recipient Created Invoice or Recipient Created Tax Invoice containing details on amounts relating to Tip Sales and the Advertisement Fee will be emailed to your registered email address.
6. BUYING AND USE OF TIPPING INFORMATION
Users, of the site, can purchase tips posted to the site by sellers, using Visa or MasterCard. "The price" paid when confirming a tip purchase will be the price specified on the site. You are required to confirm your intention to buy the tips and enter your payments details. After you perform these steps on the CC the credit card or account that you elect to pay with, will be charged the price.
All sales are non-cancelable and final. You understand that the price includes relevant taxes (e.g. Goods and sales tax), processing fees, commissions to the CC and fees to the seller. The tipping information that you purchase will be emailed to the email address that you provide to the site and posted to your 'Purchased Tips' page.
In the event that you do not receive an email with the tipping information that you purchase, which may result from email filter blocks, incorrect email addresses or other technical issues outside of the CC control, you should check your 'Purchased Tips' page to receive your purchased information.
The tipping information that you purchase is a single license to you, giving you the right to use the information for your personal recreational purposes only. You are not permitted under any circumstances to re-sell, publish, forward, communicate to another individual, use to represent your own tips on the site or any other medium, or derive any commercial benefit from the tipping information that you purchase.
WE DO NOT MAKE ANY WARRANT AS TO THE RESULTS TO BE OBTAINED FROM THE PURCHASED INFORMATION. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME ALL RISK AS TO THE QUALITY OF THE INFORMATION.
7. PERSONAL TIPPING WEB PAGES
The Personal Tipping Website service is a web publishing service (the "Service") provided by the CC where you are allocated a Unique Resource Locator (“URL”) which links other users to pages where your tips and other content that you add on the CC appear. Your use of the Service gives you a right to use the URL that you chose, or to post certain pages, or website objects, that you chose on pages that appear under your chosen URL.
The site's references to 'your website' and 'your own website address' refer to your right to use the URL you choose and the web pages that appear under your chosen URL, in accordance with these terms and conditions. Your use of the Service does not, in any way, represent your ownership of any component of the site, your chosen URL, the web pages that contain your chosen URL or web site objects on the site.
You are solely responsible for all transactions, postings, communications and any other activities that occur under your alias (user name) on the site. As users are responsible for the content and use of the webpages that appear under the URL, the site may contain inaccurate, offensive, harmful or undesirable material.
The CC makes no guarantees, representations or endorsements to the information posted using the Service. If your account, on the site, is inactive for a period of ninety (90) days the CC reserves the right to cancel your account.
Cancelling your account may involve removing your right to use the URL you have chosen as part of the Service. Inactive accounts are determined by measuring the time since your last tip was recorded on the site.
The CC reserves the right to place advertising on any page contained under the URL that you choose as part of the service. The CC is not obligated to pay you any fees, commission or royalties for any advertising revenue or any other revenue received from web pages containing the URL you chose as part of the service. You are not permitted to use the Service to promote tips which are sold through another website or medium, without the expressed permission of the CC.
The CC reserves the right to add links to the 'Links' section on the web pages containing the URL that you choose as part of the Service. The CC is not obligated to pay you any fees, royalties or commissions for these links.
You agree to ensure that the link is accessible to the general public without them having to provide access codes, usernames, passwords or undertake any steps other than up to three clicks of a mouse from the home page or main landing page on your site. The link must be continuously displayed on your website while content from the site is embedded into your website.
Your use of the CC content, by embedding web pages into your site, is at your own risk. You agree to be bound by these terms and conditions applicable to the site when embedding the CC content into your website.
The CC reserves the right to remove any links you create on web pages under the URL that you choose as part of the Service. The CC reserves the right to change the terms and conditions relating to your use of the Service at any time.
8. MATERIALS PROVIDED TO US OR POSTED ON OR THROUGH THE SITE BY YOU
We appreciate any suggestions ("Unsolicited Ideas") you may have regarding ways in which this Site may be improved or materials which we may add to this Site. Any Unsolicited Ideas that you submit or communicate to us will not be regarded as confidential and will become our property.
We may use, reproduce, disclose, publish, modify, adapt and transmit Unsolicited Ideas to others, without restriction or any obligation to compensate you.
CC does not claim any ownership rights in the texts, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials or information (“User Content”) that you post, upload, transmit, display, publish, input or submit on or through the Site ("Submission").
We are not responsible for the content or accuracy of any User Content or Submission. In consideration of CC permitting you to do any posting, uploading, inputting, transmitting, displaying, publishing, providing or submitting ("Posting") of your Submission or User Content to the Site, you grant to us, our affiliated companies and sublicenses an irrevocable licence, for no fee, to display (whether publicly or otherwise), publish, delete, modify, vary, amend, add to, reproduce and distribute and otherwise use in our sole and absolute discretion (without restriction or any obligation to remunerate or compensate you) your Submission or the User Content in any format in connection with the operation of our respective businesses (including, without limitation, the Site and any related applications of the Site).
You understand and agree that once aspects of the User Content or Submission is distributed or incorporated on or throughout the Site, CC is under no obligation to delete that User Content or Submission or ask users of the Site to delete that User Content or Submission and therefore it may continue to appear on the Site indefinitely.
By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, any intellectual property or moral rights.
You also warrant and represent that your Submission or the User Content does not infringe any third party intellectual property or moral rights. You are solely responsible for the accuracy and content of the information contained in your Submission.
CC exercises no editorial review and assumes no responsibility for misleading, fraudulent, defamatory, libellous, threatening, harassing, pornographic, obscene or illegal information supplied to the Site by you (whether via the User Content, any Submission or otherwise).
We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions, any operating rules we establish and to satisfy any law, regulation or authorised government request.
You agree to promptly report any suspicious or unauthorised use of the Site to CC. CC reserves the right to monitor any and all activity on the Site and CC may notify the proper law enforcement officials if any suspicious activity is detected.
You are solely responsible for your interactions with other users of the Site, third party developers or any other parties with whom you interact through the Site (or any related applications of the Site).
CC reserves the right, but has no obligation, to become involved in any way with these disputes. In the event that CC elects to become involved with any dispute, the decision of CC is final and no correspondence will be entered into.
If you post tips for sale on the site you understand that you are "the seller". If you buy from a seller ("the buyer") you have entered into a transaction with the seller. The CC is the provider of the site, a portal to list, advertise and market sellers' tips and a payment mechanism to assist sale activities on the site.
Transactions on the site are exclusively between the buyer and the seller. It is the buyer's sole responsibility to determine their legal entitlements for a refund or return from purchases made on the site.
Any dissatisfaction with any product or service purchased from the site should be addressed with the seller. The seller agrees to reimburse the CC for all costs and expenses incurred by the CC, relating to refunds and claims made for products and services purchased from the site. The CC reserves the right to refund a buyer for purchases made.
In instances where the CC chooses to refund payments, the CC will not be liable to the seller for the refunded sale. The CC reserves the right to deduct monies from payments to the seller for any transaction costs incurred from refunding the buyer for the seller's tips.
If the tips you purchase from a seller do not contain at least one official runner or participant (as determined by the officiating authority of the event) resulting from scratchings, abandoned races, or other means, the CC will refund the buyer the full price of the tips purchased. The CC reserves the right to deduct any transaction costs incurred from the refund.
There are no refunds offered for tipping competitions. Once you have paid your tipping competition fee it is final and non-cancellable. If you pay your tipping competition fee and you are the only tipper in the competition you must claim your competition fee as a prize using the CC prize claim process at the end of the tipping competition.
Each deposit which is not used for purchases or turned over as part of an operating betting account will be charged a $5 administration fee when it is cashed out or refunded. For example 5 deposits not turned over will incur a fee of $25 (5 x $5) when cashed out or refunded.
11. LINKS TO OTHER SITES
The Site may contain links to other websites which are owned or operated by third parties ("Third Party Sites"). These links are provided for convenience only. Links on the Site to Third Party Sites may not be current and are not indicative that Third Party Sites are being maintained and/or updated.
Third Party Sites are independent from the Site and from CC. CC has no control over the content or activities undertaken on any Third Party Site and CC is not responsible for information on, or the practices of, Third Party Sites.
You access Third Party Sites at your own risk and should make your own enquiries as to the privacy policies or terms and conditions that may apply to Third Party Sites. We do not permit any linkages to this Site from any Third Party Site without our prior written permission.
13. SECURE DATA
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us.
You therefore transmit to this Site at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the Site, please contact us immediately through the "Contact" page on the Site.
When you sign up or register to become a member of the Site, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not use the account, username, email address or password of another member at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account.
Given the nature of the internet, we cannot guarantee that this Site is free from viruses, faults or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this Site will be uninterrupted, error free or that any defects will be corrected.
You assume the risk of any damage to your property as a result of using this Site, and to the maximum extent permitted by law; we disclaim all liability for any errors, omissions and faults.
You must take your own precautions to ensure that the process which you use for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website.
15. DISCLAIMER OF WARRANTIES AND LIABILITY
We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in or contained on this Site or to the availability, functionality, performance or suitability for intended use of such information, content, materials or products.
We do not, nor do our officers, employees, agents and other representatives accept responsibility for any damages (including, without limitation, consequential, special, incidental, indirect, or similar damages) even if advised of the possibility of such damages, loss, tax liability, cost or expense, howsoever caused or incurred (including through error, omission, negligence, misrepresentation, miscalculation or matters outside our control), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, including if access to the Site is interrupted or permanently disabled, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Site.
To the maximum extent permitted by law, we disclaim any representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this Site or the information that it contains. The use of the information on this Site and interactions with other users of the Site, third party developers or any other parties with whom you interact through the Site, is at your own risk.
To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of your use of this Site, including, or related to theft, unauthorised access or third party interference, viruses and the use, or inability to use, the information on this Site or information provided directly or indirectly through this Site.
This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
This Site and all content, products and services included in or accessible from this Site are provided "as is" and without warranties or representations of any kind (express, implied and statutory, including but not limited to the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose), all of which CC disclaims to the fullest extent permitted by law. Your use of the Site is at your sole risk.
Certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These terms and conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which it is entitled to do so, CC limits its liability in respect of any claim under those provisions to, at CC's option:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
16. DISCLAIMER AS TO AFFILIATIONS
This Site and CC are not associated or affiliated with, or in any way related to, any of the following organisations: 1. National Rugby League (NRL); 2. New South Wales Rugby League (NSWRL); 3. Super League (Europe); 4. Queensland Rugby League (QRL); 5. Rugby League International Federation (RLIF); 6. Australian Rugby Union (ARU); 7. Australian Football League (AFL); 8. South Africa New Zealand Australia Rugby (SANZAR); 9. South African Rugby Football Union (SARFU); 10. New Zealand Rugby Football Union (NZRFU); 11. International Rugby Board (IRB); 12. English Premier League (EPL); 13. Football Association (FA); 14. Fédération Internationale de Football Association (FIFA); 15. Football Federation Australia (FFA); 16. Australian Cricket Board (ACB); 17. National Basketball League (NBL); 18. National Football League (NFL).
17. Intellectual Property
This Site, the CC Software and all intellectual property rights, including graphics, logos, trade marks, design, text, icons, the arrangement of them, sound recordings and all software relating to this Site, are the intellectual property of us, a related body corporate of us or their respective owners.
These intellectual property rights are protected by Australian and international laws. Nothing contained in this Site is to be interpreted as a recommendation to use any information on this Site in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of this Site or the information on this Site will not infringe such intellectual property rights.
18. LIMITATION ON USE
All content appearing on or included in the Site and produced, published, displayed, transmitted or created by CC, including site layout, design, images, programs, text and other information (collectively, the "Content") is the property of CC and its affiliated companies or licensors and is protected by copyright and other intellectual property laws.
You must not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell, license or communicate to the public all or any part of the Content or the products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under applicable law or under these Terms and Conditions or relevant license or subscriber agreement.
Unless otherwise indicated on the Site in writing, you may print or download Content from the Site for your own personal, non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. Nothing in these Terms and Conditions permits or allows you to incorporate any material or Content, or any part of the material or Content, in any work or publication, whether in hard copy, electronic or any other form. You must in all cases keep intact all copyright and other proprietary notices.
You must not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written consent of CC, such consent may be withheld at the sole and absolute discretion of CC.
You must not use the services on the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person or entity (including, without limitation, the intellectual property rights of any person or entity), which is abusive, hateful, profane, injurious to minors, pornographic, threatening, misleading, fraudulent, defamatory, libellous, harassing, obscene or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law.
CC may at any time, in its sole and absolute discretion, exercise editorial control over the content of the Site. You must not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you must not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
You must not link any third party website to the Site or link the Site to a third party website (“Unauthorised Link”), without the prior written consent of CC (such consent may be withheld in the sole and absolute discretion of CC).
You acknowledge and accept that CC is entitled to, and shall, require you to remove any Unauthorised Link which you install on the Site. You may use the Site and the Content in accordance with these Terms and Conditions.
Your use and continued use of the Site is solely at the discretion of CC. CC reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information, material or Content from the Site. Nothing in these Terms and Conditions grants you any rights (including, without limitation, any intellectual property rights) in or to the Site or any Content, other than the limited right to use the Site and the Content according to the terms of these Terms and Conditions.
You agree to indemnify us, our officers, employees, shareholders, agents and other persons (including without limitation, licensors, affiliates, parent companies and subsidiaries) involved in the creation of this Site from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Site, your interactions with other users of the Site, third party developers or any other parties with whom you interact through the Site, or otherwise, any information that you provide to us via this Site or any damage that you may cause to this Site.
This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).
If any provision in these Terms and Conditions is held invalid or unenforceable under an applicable law, the remaining provisions shall continue in full force and effect.
21. GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably submit to the non-exclusive jurisdiction of the courts of that State. In the event that any of the Terms and Conditions is found to be invalid, voidable or unenforceable under any court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions, which will continue in full force and effect.
If you access this Site in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of this Site complies with the laws of any country outside Australia. All rights reserved. No part of this Site may be reproduced in any manner without the express written permission of CC.