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Terms and Conditions

Terms and Conditions

By using Get Out Stakes’ Website and the Services offered therein, you are agreeing to these Terms and Conditions. These Terms & Conditions apply whenever you access the Website, regardless of how you access it and by proceeding, you acknowledge that you have read and agreed with the Terms and Conditions.

1. Interpretation

1.1 For the purpose of these Terms and Conditions:

1.1.1

Australian Consumer Law (ACL) means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation;

1.1.2

Consequential Loss means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise;

1.1.3

Get Out Stakes means Get Out Stakes Pty Ltd (ACN: 638 145 767) (ABN 86 638 145 767), and any subsidiaries, affiliates, employees, officers, agents or assigns;

1.1.4

GST means the words defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and have the same meaning in clauses about GST, and references to GST extend to any notional liability of any person for GST and to any amount which is treated as GST under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and references to an input tax credit extend to any notional input tax credit to which any person is entitled;

1.1.5

Intellectual Property Rights means any and all intellectual and industrial property rights anywhere in the world, including but not limited to the rights comprised in any patent, copyright, design, trade mark, plant breeders rights, eligible layout or similar right whether at common law or conferred by statute, rights to apply for registration under a statute in respect of those or like rights and rights to protect trade secrets and know how, throughout the world for the full period of the rights and all renewals and extensions.

1.1.6

Party or Parties means one or more parties to these Terms and Conditions as the context may apply;

1.1.7

Services means any services offered by Get Out Stakes on the Website;

1.1.8

Terms and Conditions means this agreement between the Get Out Stakes and you;

1.1.9

You means the person who uses the Website; and

1.1.10

Website means the website located at getoutstakes.com.au.

2. Services Offered

2.1

The Services offered by Get Out Stakes on the Website are horse racing tips and subscription notifications.

2.2

The Services are provided in good faith and based on Get Out Stakes’ employee/staff/agent’s experience and knowledge of the horse racing industry.

2.3

Get Out Stakes has taken all reasonable care and precautions to ensure that the information that it provides on the Website is correct however, it makes no representations regarding the accuracy of the tips or any other material on the Website.

2.4

Get Out Stakes’ quoted prices for the Services are, unless otherwise stated in writing inclusive of GST.

3. Your Acknowledgments

3.1 You hereby acknowledge and certify that:

3.1.1

YOU ARE OVER 18 YEARS OF AGE OR OLDER;

3.1.2

horse racing and gambling is risky;

3.1.3

if you use Get Out Stakes’ Services, you do so on the basis that you understand the inherent risks associated with gambling and horse racing, and accept personal responsibility for any action you take;

3.1.4

you use Get Out Stakes’ Services at your own risk; and

3.1.5

you agree to use the Website and Services in accordance with any laws and regulations which may apply to you.

4. Limitation of Liability

4.1

Get Out Stakes is not liable to you for any loss or damage (including economic loss or consequential damage) arising directly or indirectly from your use of the Website or Get Out Stakes’ Services, or its failure to provide the Services.

4.2

Get Out Stakes makes no representation about guarantee or warranty excepts as is stated in this document. This warranty applies instead of any warranty or condition which applies at law, except where it is prohibited by law to do so.

4.3

To the fullest extent permitted by law all terms, conditions, guarantees, indemnities and warranties statutory or otherwise (Obligations) not expressly provided in these Terms and Conditions are excluded. To the extent that any such Obligation cannot be excluded due to provisions the ACL or any other statute and you make a claim with which Get Out Stakes accepts or which is proven to be valid, then, to the extent permitted by law, Get Out Stakes’ liability is limited, at Get Out Stakes’ option, to the cost of the Services you paid for.

4.4

You will indemnify Get Out Stakes for any claims whatsoever and howsoever made by a third party against Get Out Stakes, relating to or directly or indirectly arising from the Website or any the Services provided to you by Get Out Stakes.

4.5

You indemnify Get Out Stakes against all Consequential Loss, loss, liabilities, costs, charges, expenses or fees (including legal fees on a full indemnity basis) that Get Out Stakes may suffer or incur arising out of or in any way related to your breach of these Terms and Conditions.

5. Intellectual Property

5.1

The parties acknowledge and agree that nothing in these Terms and Conditions shall be construed as a transfer from Get Out Stakes to you, of the ownership of, or title to, any of the Intellectual Property Rights in the Services, Website or material created as part of the Services or any other Intellectual Property Rights owned by or licensed to Get Out Stakes or a third party, and you agree that you must not infringe or use the Intellectual Property Rights of Get Out Stakes, or any other third party which exist in the Service without the prior consent of Get Out Stakes or the relevant third party.

6. Confidential

6.1

All personal information you give us will be dealt with in a confidential manner in accordance with the relevant privacy laws.

7. Termination

7.1

Without limiting Get Out Stakes’ other rights under these Terms and Conditions, Get Out Stakes may terminate any and all agreements, and any account facility with you with immediate effect if in Get Out Stakes’ sole discretion, that you have breached the Terms and Conditions or any relevant law, rule or regulation or you have engaged in conduct that Get Out Stakes considers to be inappropriate or unacceptable.

7.2

Each party retains any rights, entitlements or remedies it has accrued before termination, including the right to pursue all remedies available to either party at law or in equity.

8. Amendment

8.1

These Terms and Conditions may be amended or supplemented in writing at any time by Get Out Stakes.

9. Entire Agreement

9.1

These Terms and Conditions comprises the entire agreement between the Parties.

9.2

A failure to exercise or delay in exercising any right under these Terms and Conditions does not constitute a waiver and any right may be exercised in the future. Waiver of any rights under these Terms must be in writing and is only effective to the extent set out in that written waiver.

10. Severance

10.1

Any provision of these Terms and Conditions which is illegal, void or unenforceable will be ineffective to the extent only of such illegality, voidness or unenforceability and will not invalidate any other provision of these Terms and Conditions.

11. Governing Law

11.1

These Terms and Conditions are governed by and construed in accordance with the laws of Queensland.