MEMBERS ONLY TERMS AND CONDITIONS

TLU AUSTRALIA PTY LTD

1. Definitions and Interpretation

1.1 Definitions

In these Terms the following words have the following meanings unless the context otherwise expressly provides:

App means the online and mobile application.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Australian Privacy Principles has the meaning given to it in the Privacy Act 1988 (Cth).

Billing Cycle has the meaning given to it in clause 11.10 of these Terms.

Black Book Alerts means alerts with suggestions for horses identified as potential future winners or place getters.

Claim means any claim, cause of action, Liability, demand, action, remedy, suit, injury, indemnity, damage, proceeding, litigation, investigation or judgment whether based in contract, tort, statute or otherwise whether present, unascertained, immediate, future or contingent.

Competition has the meaning given to it in clause 15 of these Terms.

Consumer has the meaning given to it in the Australian Consumer Law.

Daily Punting Strategy means suggestions for horses identified after acceptances as potential future winners or place getters, taking into account class, weight, times, form, progression, map and track conditions.

Fee means the monthly subscription fee payable by Subscribers in accordance with clause 12 of these Terms.

Force Majeure Event means any occurrence or omission outside of a party’s reasonable control, as a direct or indirect result of which the party relying on the event is prevented from or delayed in performing its obligations under these Terms (other than a payment obligation), and includes:

(a) a physical natural disaster including fire, flood, lightning or earthquake;

(b) riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or government declaration or direction;

(c) epidemic, pandemic (including but not limited to the Covid-19 coronavirus pandemic) or quarantine restriction, lockdowns, shutdowns and other government orders in connection with an epidemic, pandemic or the Covid-19 coronavirus pandemic;

(d) supply shortage or strike, lock out, stoppage, labour dispute or shortage including industrial disputes involving any of our suppliers; or power outages or interruptions, malicious code, malware or viruses, service interruptions.

Free Tip means a suggestion for potential future winners or place getters in respect of horse racing and other sports made from time to time via TLU Facebook Group, App and/or the Website at no cost to Subscribers.

Full Sydney and Melbourne Preview Saturdays means a race-by-race analysis of a metropolitan meeting in Sydney and Melbourne (usually occurring each Saturday, unless cancelled or postponed for any reason) and which will include suggestions for horses identified as the potential top four winners and a suggestion for a potential successful race.

Intellectual Property means any trademarks, logos, business names, service marks, designs, circuit layouts, Site content including but not limited to texts, images, illustrations, designs, icons, photographs, video clips, sound clips, graphics, logos, icons and all software and performance protection (whether or not now existing and whether or not registered or registerable).

Laws includes any law, whether statute or common law (including the laws of negligence and nuisance and principles of equity), ordinance, regulation, by-law, order or other determination of any government authority, industry codes of practifce and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them.

Liability means any liability or obligation (whether actual, contingent or prospective), including for any Loss irrespective of when the acts, events or things giving rise to the liability occurred.

Loss means any loss (including consequential loss), damage (including indirect or consequential loss), compensation, fine, penalty, charge, payment, cost or expense (including legal costs on a full indemnity basis) however it arises and whether it is present or future, fixed or unascertained, actual or contingent.

Moral Rights means the right of integrity of authorship, the right of attribution or authorship and the right to not have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth).

NRL Tips means tips for suggested winning teams in upcoming National Rugby League games scheduled in Australia (which are assessed and determined on the most likely outcome of the game) along with a suggested successful multi-bet and value multi-bet for each round of the National Rugby League competition season.

Our Services means access to and use of the Site and includes registration of a Subscriber Account (and the provision of Subscriber Tips in connection with that Subscriber Account) and the provision of the User Licence.

Personal Information has the meaning given to in the Privacy Act 1988 (Cth).

Privacy Policy means TLU’s privacy policy that can be accessed here https://thelegupaustralia.com/privacy-policy

Related Body Corporate has the meaning given to it in section 50 of the Corporations Act 2001 (Cth).

Request to Suspend means a request to suspend a Subscriber Account submitted to TLU as contemplated by clause 14 of these Terms.

Site includes the Website, App and TLU Facebook Group and includes any current or future versions of the Website or TLU Facebook Group.

Subscriber means a User with a Subscriber Account.

Subscriber Account means an account registered by a User pursuant to clause 11 of these Terms.

Subscriber Tip means a suggestion for potential future winners in respect of horse racing and other sports provided exclusively to Subscribers from time to time and includes:

(a) Daily Punting Strategy;

(b) Black Book Alerts;

(d) Full Sydney Preview Saturdays;

(e) NRL Tips.

TLU means:

(a) TLU Australia Pty Ltd ACN 639 950 646;

(b) any Related Body Corporate of any of the above.

TLU Facebook Group means the Facebook group made accessible to Subscribers pursuant to clause 17 of these Terms.

Trial File Alerts mean alerts about horses identified from reviewing replays of barrier trials and jumpouts as showing some indication of improvement or progression or that may be potential future winners or place getters.

Terms means this agreement incorporating these terms and conditions and includes the Website Terms of Use.

Tips means Subscriber Tips and Free Tips.

TLU Newsletter means the daily newsletter issued to Subscribers containing Subscriber Tips.

Trial means the promotional offer as contemplated by clause 12.3 of these Terms.

Trial Period means, where clause 12.3 of these Terms applies, the period starting on the day a User creates a Subscriber Account and ending at 10:00am AEST on the last day of the Trial.

User means individuals or organisations that access, use or visit the Site, and includes Subscribers.

User Licence means the non-exclusive licence granted to Users to access and use the Site and any related software by virtue of clause 9 of these Terms.

UGC means user generated content, being any form of content (including but not limited to names, biographical information, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, videos, audio, code, and all other information) that has been posted to the Site or the TLU Facebook Group by or on behalf of Users.

Valid Payment Method has the meaning given to it in clause 11.9 of these Terms.

Website means this website, https://thelegupaustralia.com/and includes any current or future version of the website.

1.2 Interpretation

If there is any inconsistency between these terms and conditions and the Website Terms of Use, these terms and conditions will prevail to the extent of any inconsistency.

2. Background

2.1 TLU is the owner and operator of the Site.

2.2 The Site is a resource for racing, sports and punting enthusiasts located in Australia.

2.3 Through the Site, Users have the ability to:

(a) access Free Tips;

(b) become a Subscriber;

(d) experience other features from time to time.

3. Agreement

3.1 These Terms constitute an agreement between:

(a) TLU; and

(b) each User.

3.2 By accessing, using or interacting with all or part of the Site in any way, each User agrees to be bound by these Terms (to the extent applicable) and all Laws that apply to the Site.

3.3 Any User that does not accept these Terms, must cease accessing the Site, cancel any Subscriber Account held by it and otherwise refrain from using and/or interacting with the Site.

3.4 TLU reserves the right, in its sole discretion, to change, modify, add or remove any of these Terms by posting the changes to the Website.

3.5 TLU will provide each Subscriber with thirty (30) days prior notice of any change, modification, addition or removal of any of these Terms. A Subscriber’s continued use of the Site after changes are posted constitutes that Subscriber’s acceptance of the amended Terms.

4. Australian Consumer Law

4.1 Users that are a Consumer have certain legal rights under the Australian Consumer Law in relation to Our Services.

4.2 Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with Our Services, you are entitled to:

(a) to cancel your User Account or any other service contract with us; and

(b) a refund for the unused portion of your Fees or for compensation for its reduced value

4.3 You are also entitled to be compensated for any other reasonably foreseeable Loss or damage.

4.4 If the failure does not amount to a major failure, you are entitled to have problems with Our Services rectified in a reasonable time and, if this is not done, to cancel your User Account or contract with us and obtain a refund for the unused portion of the Fee.

4.5 Despite anything to the contrary, these Terms do not exclude, restrict or modify the application of any provision of the ACL that cannot be excluded by Law (whether applied as a Law of the Commonwealth or any State or Territory of Australia).

4.6 If there is any inconsistency between these Terms and the ACL, the provisions of the ACL will apply.

5. Privacy of Personal Information

5.1 The Privacy Act 1988 (Cth) and the Australian Privacy Principles govern the way TLU must manage Personal Information.

5.2 These Terms and the Privacy Policy sets out how TLU collects, uses, discloses and otherwise manages Personal Information.

Users can access the Privacy Policy here https://thelegupaustralia.com/privacy-policy or by contacting TLU and requesting a copy.

6. Gambling Warning and Disclaimer

6.1 Use of the Site is restricted to users that are 18 years or older.

6.2 The content contained on the Site and TLU Newsletter as well as all content and information contained in or derived from Tips is provided for information and entertainment purposes only.

6.3 Users acknowledge and accept that:

(a) Tips are based on the author’s opinions and do not constitute wagering or betting advice;

(b) Without limiting clause 6.3(a) above:

(i) Black Book Alerts are not price sensitive and do not take into account class and weight or any other factors;

(ii) Trial File suggestions are not price sensitive;

(iii) betting is a form of gambling and is inherently risky and may result in financial loss;

(iv) Users must rely on their own independent investigations and enquiries when deciding whether to make a bet or make any monetary investment based on Tips or the content of the Site (or otherwise);

(v) there are no guarantees and TLU provides no warranty that reliance on Tips will generate success or profit;

(vi) all bets placed or money invested in reliance of Tips or content contained on the Site are placed by Users at their own risk and Users accept full responsibility for the outcome of their own bets.

6.4 TLU makes no warranty as to the information provided to us by bookmakers whose websites we may link to, including odds, pricing, statistical and scratchings data and the accessibility of bookmakers’ services. All information relating to odds, pricing, statistical and scratching data, race fields, including horse numbers, scratchings should be checked with an official source.

6.5 While TLU takes due care in researching and supplying Tips, we do not take bets, nor do we accept any responsibility as to the outcomes of our Tips, methodologies or other information contained on our Site.

7. Responsible Gambling

7.1 TLU supports responsible gambling and acknowledges that gambling may become a problem for some people. We encourage Users to gamble responsibly and within their own limits, however if gambling has become a problem, there are support services available in each State and Territory. For more information about, or to access, these services, please contact Gamblers Help on 1800 858 858 or gamblinghelponline.org.au.

8. Access and Use of the Site

8.1 Users must be 18 years or older to access our Site.

8.2 Users of the Site acknowledge that they are using software that is owned by or licenced to TLU.

8.3 Other than or except as expressly authorised by these Terms, access to, interactions with and use of the Site, the software or information on the Site or from Tips for commercial or business purposes or for anything other than domestic or private use without TLU’s prior written permission is strictly prohibited. This includes but not is not limited to advertising or marketing activities or purposes, posting content, any reproduction, data-mining, automated querying or similar data extraction processes.

8.4 To the extent permitted by Law:

(a) TLU may withdraw or amend the Site (and any products or services offered on the Site) without notice to Users.

(b) TLU will not be liable to Users if, for any reason, the Site or any part of it is unavailable at any time or for any period for any reason.

8.5 Each User is responsible for and release TLU against any Claims in connection with:

(a) making all arrangements necessary for the User to access, use or interact with the Site;

(b) ensuring the User has appropriate and up to date anti-virus software on any device from which that User accesses the Site;

(c) ensuring that any person that accesses the Site through that User’s device or internet connection is aware of and agrees to be bound by these Terms;

(d) any use of the Site accessed by any person through that User’s device, internet connection or using that User’s password, access or user codes (‘Passwords’) (whether authorised by the User or not) including but not limited to where access to the User’s device, internet connection or Passwords has been gained through unlawful means or malicious code (such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material); and

(e) the acts and omissions of any person that accesses, uses or interacts with the Site as contemplated by clauses 8.5(c) and 8.5(d) above as if they were that User’s own acts and omissions.

9. User Licence

9.1 Subject to these Terms, TLU grants you a non-exclusive, non-transferable, limited and revocable licence (‘User Licence’) to use the Website for your own personal, non-commercial use. You agree not to use the Website for any other purpose. The User Licence is granted to you subject to your full compliance with these Terms.

9.2 Except as set out in clause 9.1 above, you do not receive any other licence and TLU retains all right, title and interest in and to the Website and its content.

10. User’s General Obligations

10.1 When using the Site, private group or any affiliated groups or social pages a User must not:

(a) hack or interfere with the Site in any way;

(b) directly or indirectly infect the Site with any malicious code or viruses (whether intentionally or unintentionally);

(d) encourage others to use the Site to undertake illegal activity;

(e) publish any content that:

(i) infringes third-party rights (including intellectual property rights);

(ii) spams other Users;

(iii) is defamatory or offensive;

(iv) is threatening or violent; or

(v) is hate speech or harassment;

(vi) encourages irresponsible gambling

(vii) constitutes the advertisement of gambling

(viii) constitutes the advertisement of gambling in conjunction with the consumption of alcohol;

(f) subject to clause 8.3 of these Terms or the terms of any User Licence, use the Site for any commercial purpose;

(g) impersonate any other person;

(h) post another person’s Personal Information or data through the Site without that person’s prior consent;

(i) use the Site in connection with the actual or attempted contravention of any Laws;

(j) use the Site in a way that infringes the intellectual property rights of any person;

(k) breach these Terms or additional terms or requirements as notified on the Site;or

(l) breach any third-party rights.

11. Subscriber Accounts

11.1 Users that are:

(a) individuals and aged eighteen (18) years old or over; and

(b) Australian residents,

may register for a Subscription Account in accordance with the terms set out in this clause 11.

11.2 Subject to these Terms:

(a) Subscribers may have access to additional functions through the Site including but not limited to receiving or accessing Subscriber Tips, accessing the TLU Facebook Group, posting UGC onto the Facebook Group, receiving information about promotions, Competitions and special offers and receiving the TLU Newsletter;

(b) TLU may modify or amend the functions and Our Services connected to any Subscriber on thirty (30) days written notice to a Subscriber. Where any modifications are likely to amount to a material change in Our Services or functions offered via the Subscriber Account, a Subscriber may (acting reasonably) cancel its Subscriber Account.

11.3 When creating a Subscriber Account Users must provide accurate and complete information and must keep this information up to date. Any Personal Information provided via the Site or when registering a Subscriber Account (or that is otherwise disclosed to or collected by TLU) is subject to the terms of the Privacy Policy, these Terms and any applicable Law.

11.4 Without limiting the terms of the Privacy Policy, by providing TLU with their contact details and other Personal Information, Subscribers consent to TLU:

(a) using the Subscriber’s email address and other contact details to send the Subscriber information in relation to Our Services and related notices (including the TLU Newsletter and any notices required by law);

(b) using the Subscriber’s email address and other contact details to send the Subscriber other messages, such as changes to Our Services, Competition information and special offers.

11.5 If a Subscriber does not want to receive email messages as contemplated by clause 11.4 above, the Subscriber may opt out or change its email preferences. Opting out may prevent the Subscriber from receiving email messages and taking advantage of and experiencing all of Our Services.

11.6 When creating a Subscription Account, Users must:

(a) Enter details: such as name, date of birth, email and address

(b) Breach of account: Notify TLU immediately of any breach or attempted breach of security or unauthorised use of their Subscription Account.

11.7 Each Subscriber is solely responsible for any activity that occurs on or through their Subscriber Account. TLU will not be liable for (and each Subscriber releases TLU from) any Claim or Liability caused or contributed to by any unauthorised access to or use of their Subscriber Account.

11.8 TLU may (in its sole discretion):

(a) refuse registration of a Subscriber Account;

(b) disable, suspend or cancel a Subscriber’s Subscriber Account:

(i) if TLU considers or suspects (in its sole discretion) that a Subscriber has failed to comply with any of the provisions of these Terms;

(ii) if TLU in its sole discretion, considers that the Subscriber is at risk of a gambling problem;

(iii) if TLU has received a Request to Suspend as contemplated by clause 14 of these Terms.

11.9 A Subscriber Account commences on the date the Subscriber creates the Subscriber Account and submits payment pursuant to clause 12.3 of these Terms via a valid, accepted method of payment (‘Valid Payment Method’).

11.10 Unless TLU otherwise communicates a different billing cycle, at the time of creation of the Subscriber Account, each billing cycle is one month (‘Billing Cycle’).

11.11 By becoming a Subscriber, you acknowledge and agree that any Subscription Tips you receive are confidential and proprietary in nature and, must not, under any circumstances, be forwarded on or otherwise communicated in any form to any person without our prior express consent.

12. Subscription Fees and Billing

12.1 General

(a) All Fees that appear on our Site will be quoted in Australian Dollars. These prices include any applicable taxes (unless otherwise stated).

(b) Subscribers must provide a Valid Payment Method. We may change or update the accepted methods of payment from time to time.

12.2 Member Option Fees and Billings

(a) By creating a Subscriber Account, you authorise us to debit the Fee from your Valid Payment Method in accordance with these Terms.

(b) We utilise third party payment software such as Stripe on Subscribers’ behalf. TLU does not store any payment information. Information on how third parties handle a Subscriber’s Personal Information can be found in our Privacy Policy.

(c) The Billing Cycle automatically renews each month and the Fee is automatically billed each month, until the Subscriber Account is cancelled or terminated.

(d) Subscribers may terminate their Subscriber Account at any time on providing thirty (30) days written notice to us. Except where required by Law (including the ACL) or unless otherwise agreed by us in writing, any Fees paid in advance will not be refunded where you terminate your Subscriber Account without cause.

(e) By creating a Subscriber Account, Subscribers authorise us to charge for their initial membership period in accordance with the Fee for that Subscriber Account and a monthly recurring Fee at the then current rate, which we change on thirty (30) days written notice to you.

(f) Subject to clause 12.3 below, when a Subscriber Account is created, the first Billing Cycle will be billed immediately. We will issue Subscribers with a receipt once payment has been processed.

(g) We reserve the right to change the timing of our Billing Cycle. If a Subscriber’s paid subscription begins on a day not contained in a given month, we may bill their Valid Payment Method on a day in the given month or other day as we deem appropriate in our discretion.

12.3 Free trials

(a) We may offer a Trial that allows Users access to a Subscriber Account during the Trial Period.

(b) The level of access available to Users during a Trial (‘Trial Access’) may be different to that of the level of access available once your Subscriber Account commences.

(c) The duration of the Trial Period will be communicated to Users (if applicable) upon creation of their Subscriber Account.

(d) Unless otherwise communicated, a Trial begins when a Subscriber Account is created and will continue for the duration of the Trial Period.

(e) A User’s Trial will automatically convert to a Subscriber Account upon completion of the Trial Period, unless the User cancels its Subscriber Account prior to this date;

(f) If Users cancel their Subscription Account before the expiration of the Trial Period, the cancellation will be processed, the Subscription Account will be terminated immediately and all Trial Access will be discontinued;

(g) Unless we expressly communicate otherwise, Trials are:

(i) not transferable;

(ii) only available to new users that have never had Subscriber Account; and

(iii) permitted once only per User.

(h) TLU reserves the right in its sole discretion to determine User’s eligibility for a Trial.

13. Cancellation/ termination

13.1 Subscribers may terminate their Subscriber Account at any time by giving us thirty (30) days written notice requesting that their Subscriber Account be terminated.

13.2 Subject to clause 14.2 of these Terms, unless we communicate otherwise, following termination of a Subscriber Account the Subscriber will have access to their Licence through the end of the current prepaid Billing Cycle.

13.3 We reserve the right to charge a reactivation fee in the event Subscribers terminate their Subscriber Account and wish to reactivate it at a later date.

14. Request to Suspend

14.1 TLU is an advocate for responsible gambling. If a Subscriber considers that their relationship with gambling is posing a risk, they may make a Request to Suspend by emailing thelegupaustralia@gmail.com;

14.2 Upon receipt of the Request to Suspend, TLU will within two (2) to five (5) business days suspend the Subscriber’s Subscriber Account and the relevant Subscriber (‘Suspended Subscriber’) will immediately lose access to their Subscriber Account for an indefinite period.

14.3 TLU may require suitable identification to identify the Subscriber as the Subscriber Account holder before actioning suspension in accordance with clause 14.2 above.

14.4 Suspended Subscribers release us from all Claims or Liability suffered or incurred by the Suspended Subscriber as a result of any delays in suspending their Subscriber Account or in connection with their Subscriber Account.

14.5 Suspended Subscribers may request that their Subscriber Account be reactivated at any time by emailing thelegupaustralia@gmail.com. TLU reserves the right to charge a reactivation fee or to deny reactivation.

15. Competitions

15.1 We may run promotions or competitions from time to time (‘Competitions’).

15.2 Competitions will be subject to these Terms as well as any other additional terms and conditions that we may impose in respect of that particular Competition (‘Additional Terms’).

15.3 We will notify you of the Additional Terms before you agree to participate in the Competition and you acknowledge that before participating in a Competition, you will be required to agree to the relevant terms and conditions applicable to that Competition.

15.4 In the case of any inconsistency between the Additional Terms and these Terms, the Additional Terms will prevail.

16. Intellectual Property Rights

16.1 All Intellectual Property in the Site, in Tips and the TLU Newsletter (‘Content’) is owned, licenced by, used with permission, or otherwise lawfully used by TLU.

16.2 Content and other material appearing on our Site, in Tips and the TLU Newsletter is subject to copyright vested in us or third parties.

16.3 All Content is protected by Australian and international copyright and other intellectual property Laws. Users must not do anything which interferes with or breaches those Laws or the intellectual property rights in the Content.

16.4 Users may be liable for damages or other penalties if Users breach our intellectual property rights or copyright or intellectual property Laws.

16.5 Without limiting clauses 16.1 to 16.4 (inclusive) above, we expressly reserve all rights in and to the Site and all related domains and sub-domains, the name “TLU”, our logos, service marks, trading names or trademarks (whether registered or unregistered). Other trademarks, products and company names mentioned on the Site may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

16.6 Despite anything to the contrary in these Terms or on the Site, Users may not copy, reproduce, publish, store and transmit the Content in any form or by any means in whole or in part without the prior written approval of TLU, or the relevant affiliate, or third party owner.

16.7 Users may not directly or indirectly copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, remove any credits, publish, post frame within another website or create derivative works from any part of this Site or commercialise any information obtained from any part of the Site, from Tips or the TLU Newsletter without our prior written permission or, in the case of third-party material, from the owner of the intellectual property rights in that material.

16.8 Requests and inquiries concerning reproduction and rights should be addressed to thelegupaustralia@gmail.com .

16.9 External website images and content, if any, accessible on www.thelegupaustralia.com are used by us with the permission of the authors of those websites and must not be reproduced without obtaining the permission of the author of those materials.

16.10 The copyright in material appearing on content linked from our Site vests in the author of that material, or the author’s licensee (subject to the operation of the Copyright Act 1968 (Cth)). We recommend that Users refer to the relevant external copyright statement before making use of any material.

16.11 Users acknowledge that access to this Site may be withdrawn at any time without notice and these Terms shall survive any such withdrawal.

16.12 For the avoidance of doubt, the fact that Users’ device downloads information from the Site for the sole purpose of displaying the Site to the User is not a breach of the limited licence granted under these Terms.

17. TLU Facebook Group

17.1 As part of their Subscriber Account Subscribers may gain access to the TLU Facebook Group.

17.2 Upon receipt of payment via Valid Payment Method, Subscriber’s may request access to the TLU Facebook Group here https://bit.ly/TLUGroup . A member of TLU will then review the request and allow access in their sole discretion.

17.3 Subscribers release TLU from all Claims and Liability suffered or incurred by TLU’s decision to deny access to the TLU Facebook Group or for any content displayed on or generated by the TLU Facebook Group.

18. User Generated content

18.1 Posting UGC

(a) Where the functionality of Site allows, Subscribers may post User Generated Content (‘UGC’) to the Site.

(b) Subscribers may also post UGC to the TLU Facebook Group.

(c) Any UGC posted by Subscribers will be attributed to the name they provide to TLU. Except where Subscribers expressly consent, we will not publish their email address on the Site or TLU Facebook Group .

(d) We may (in our sole discretion) refuse to publish any UGC (or remove any published UGC, without notice). We will not be liable to Subscribers for any Claim in connection with our decision to refuse to publish or to remove published) UGC or in connection with the actual removal of that UGC.

(e) We may close a Subscriber Account, restrict the ability to and/or ban Subscribers from being able to post UGC to the Site if we consider (in our sole discretion) the UGC is offensive, obscene, sexually explicit, defamatory, racist, harmful, threatening, inaccurate, unlawful, illegal or deceptive or otherwise in breach of these Terms.

18.2 Views and opinions

(a) Views and opinions expressed in UGC submitted by Subscribers are those of the individual or organisation submitting the UGC, not ours and we accept no responsibility for the content of any UGC.

(b) If Subscribers consider any UGC or other content or material on the Site or TLU Facebook Group to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing us at thelegupaustralia@gmail.com.

18.3 Rights, permissions & waivers

(a) Publication of Subscribers’ UGC will be at our sole discretion and we are entitled to make additions or deletions to your UGC prior to publication, after publication or to refuse publication.

(b) Any UGC submitted to our Site or the TLU Facebook Group will be considered non-confidential and non-proprietary. We cannot maintain Subscribers’ privacy if they decide to post personal information or information that can identify them to online platforms on our Site or the TLU Facebook Group.

(c) Subscribers grant TLU a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce and publish UGC (including, without limitation, the right to adapt, alter, amend or change their UGC) in any media or format (whether known now or invented in the future) throughout the world without restriction.

(d) Subscribers warrant that they have all necessary rights and permissions of the relevant owner of the UGC to allow them to grant the rights and permissions in this clause 8.3.

(e) Subscribers consent to TLU infringing any Moral Rights (or similar rights in any other jurisdiction that Subscribers may have or become entitled to in any UGC.

18.4 Warranties

(a) Each time Subscribers submit UGC to our or via our Site or TLU Facebook Group they warrant to us that their UGC (including its use, publication and/or exploitation by us) does not:

(i) infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity;

(ii) contain any material which is defamatory of any person;

(iii) contain misleading or deceptive statements or omissions or misrepresentation as to your identity (for example, by impersonating another person) or an affiliation with any person or entity;

(iv) breach any legal or equitable duty owed to a third party, such as a contractual duty or a duty of confidence;

(v) advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or

(vi) contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material;

(vii) violate any law, statute, ordinance, rule or regulation;

(viii) contain any material which:

(A) is obscene, hateful, inflammatory, offensive or in any other way falls below commonly accepted standards of taste and decency in Australia;

(B) exploits or may otherwise harm minors;

(C) is reasonably likely to harass, upset, embarrass or alarm a person (including, by way of example only, so called “trolling” or cyber-bullying);

(D) is threatening, abusive or invades another's privacy, or causes annoyance, inconvenience or anxiety;

(E) is sexually explicit;

(F) advocates, promotes or assists any illegal activity or unlawful act or omission;

(G) could be deemed to be unsolicited or unauthorised advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise);

(H) gives the impression that it emanates from TLU or is endorsed or connected to us;

(I) promotes the act of gambling with the consumption of alcohol.

(b) Each time Subscribers submit UGC to our or via our Site or the TLU Facebook Group they warrant to us that their UGC (including its use, publication and/or exploitation by us):

(i) is accurate, where it states facts; and

(ii) represents their genuinely held opinion, where it states opinions.

(c) Subscribers warrant that before uploading or submitting any UGC that contains any material that is not owned by or licensed to them or which is subject to third party rights, they will obtain all releases, consents or licenses necessary to permit use and exploitation of the UGC by us without additional compensation or fee.

18.5 Consequences of breach

(a) Without limiting any of our other rights at law, if Subscribers breach any of the provisions in clause 18.4 above we may:

(i) suspend Subscribers from using the Site without notice to them;

(ii) edit or remove (in whole or part) any of their UGC from the Site or the TLU Facebook Group on a temporary or permanent basis;

(iii) sue them for any Loss we suffer or incur in connection with their failure to comply with any of the provisions of this clause 18.5.

(b) Subscribers will be liable to us and indemnify us for any Claims incurred by us as a result of or in connection with a breach by them of a warranty in or obligations under this clause 18.5.

19. Third-Party Websites

19.1 The Site may provide links to or allow Users to interact with other websites or applications which are owned or operated by third parties. Links to other websites or applications are provided for your convenience only and we do not control these other websites and applications nor are we responsible for the content, accuracy or functionality of third-party websites and applications.

19.2 The provision of a link to a third-party website or application does not constitute an endorsement or approval of that website or application or any of the products or services or functionality on that website or application. We are not liable for any Claim arising from or in connection with your access or use of third-party websites or applications.

20. Security

To the extent permitted by Law, we do not warrant and cannot ensure the security of any information which Users provided over the internet (including through or to our Site). Accordingly, any information that Users transmit to the Site is transmitted at their own risk. If Users become aware of any problems with the security of your data or the Site, please contact us immediately.

21. Disclaimer

21.1 Users must ensure that their access to or use of the Site is not illegal or prohibited by laws which apply to them. In particular, the Site may not be readily accessible from a User’s jurisdiction and if that User’s methods of accessing the Site are considered illegal or otherwise prohibited in their jurisdiction (for example, through a virtual private network), they acknowledge we take no responsibility for any liability they may incur in connection with their conduct.

21.2 While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Site and via Tips, to the extent permitted by Law, we do not warrant the accuracy, adequacy or completeness of the information (including but not limited to typographical errors), nor do we undertake to keep the Site up to date. The information on the Site is not, and is not intended to be, advice in any nature. In particular, we make no warranty as to the information provided to us by bookmakers whose websites we may link to, including odds, pricing, statistical and scratchings data and the accessibility of bookmakers’ services.

21.3 Users should not act or refrain to act on the basis of any of the material on the Site without first satisfying themselves as to the truth or accuracy of all information given. To the extent permitted by law, Users release us from all Liability suffered or incurred by the User as a result of or in connection with their reliance on the accuracy or currency of information contained on the Site or Tips.

21.4 Users must take their own precautions to ensure that the process that they employ for accessing the Site does not expose themselves to the risk of viruses, malicious computer code, or other forms of interference which may damage their own computer system. We do not accept any responsibility (and Users release us from any liability) for any interference or damage to their own computer system which arises in connection with their use of this Site or any linked website.

22. Limitation of Liability

22.1 To the extent permitted by law, access to the Site is provided “as is” and we do not make any representation or warranty of any kind, either express or implied, in connection with the Site.

22.2 User’s acknowledge that their use and access to the Site is at their own risk. To the extent permitted by law, we are not liable for (without limitation):

(a) any Claim arising out of or in any way connected to:

(i) the Site, Users’ use of or reliance on the Site or Tips, or any content or material contained on the Site or Tips (including but not limited to information provided by bookmakers including odds, pricing, statistical and scratchings data and the accessibility of bookmakers’ services) under any circumstances, including but not limited to negligence or misrepresentation; or

(ii) an inability to use, or an interruption to, the Site; or

(iii) any direct, indirect, special, exemplary, incidental, consequential, punitive damages, loss of savings, business opportunities, revenue and profit and damage to goodwill arising out of Users’ use of the Site.

22.3 TLU does not give any warranty as to the accuracy, reliability or completeness of information which is contained in the Site (and includes information containing typographical errors) or provided by virtue of a Subscriber Account.

23. Refund of Fee

23.1 TLU will provide refunds of the Fee where required to do so by the Competition and Consumer Act 2010 (‘Act’).

23.2 If a Subscriber has paid their Fee and they believe that they may be entitled to a refund pursuant to the Act, they should notify us within reasonable time by way of email to thelegupaustralia@gmail.com.

23.3 Subscribers must provide us with:

(a) proof of payment of the Fee;

(b) suitable identification to identify the Subscriber as the Subscriber Account holder;

23.4 TLU reserves the right to refuse any request for refunds in accordance with the Act.

23.5 Where a refund is issued, the refund will be made to the Valid Payment Method used for the payment of the Fee. Please note that we not have control over the length of time it takes to refund a Valid Payment Method. Should Subscribers have any queries in this regard, they should contact your bank.

24. Referrals to Bookmakers

24.1 TLU may provide Subscribers with promotions to utilise third-party registered bookmakers (‘Bookmakers’) and the details of such bookmaker’s websites (‘Bookmaker Websites’) may be displayed on the Site, TLU Facebook Group or other mediums controlled by TLU.

24.2 TLU discloses and the Subscriber acknowledges and accepts that TLU may receive a commission or lead generation fee from the Bookmaker’s for referring Subscribers to the Bookmaker’s Website including commission based on Subscribers’ losses and Bookmaker’s commission on Subscribers’ bets

24.3 Promotions to utilise the services of any particular Bookmaker is not a recommendation or endorsement of that Bookmaker and Users should make their own independent enquiries and satisfy themselves in all respects before entering into any agreement or arrangement with, or engaging the services of any, Bookmaker.

25. Delay or Failure to Perform

25.1 Subject to clause 25.2 below and to the extent permitted by Law, TLU is not liable for any Claim, compensation or refund if we are prevented or delayed in the performance of any of our obligations to User’s due wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission of the other party.

25.2 Should any interruption due to a Force Majeure event continue beyond a period of two (2) weeks, Subscribers will be entitled to a refund for the Fee paid for the period during which we are unable to deliver Our Services due to Force Majeure Event.

26. Indemnity

26.1 Users indemnify us against all Claims which arise out of or relate to their use of the Site, use or reliance on Tips, any UGC they upload to the Site or TLU Facebook Group or information that they provide to us via the Site or the TLU Facebook Group or any damage that they may cause to the Site. This indemnity 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).

27. Governing Law

These Terms are to be governed and construed in accordance with the laws of Queensland, Australia. If Users access the Site in a jurisdiction other than Queensland, Australia, those Users are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.