This page sets out the Terms of Use for the website at www.entouragehorseracing.com.au. You should read these Terms of Use carefully. By continuing to use the website you agree to these Terms of Use.

The aim of the website is to provide our opinion in relation to horse racing and sports tips, news and information and certain related merchandise. If you need to contact us, please email us at admin@entouragehorseracing.com.au.

YOU MAY ONLY USE THE WEBSITE IF EACH OF THE FOLLOWING ARE TRUE:

  1. You are at least eighteen years of age
  2. You are of sound mind and capable of being responsible for your own actions
  3. You do not have (and have never had) a gambling addiction or problem or any indications of a gambling addiction or problem, including any of the following: a preoccupation with and constantly thinking about gambling, using more and more money when you gamble, agitation when trying to stop gambling, lying about your gambling, repetitively trying to re-coup losses, a feeling of loss of control or that your loses are beyond what you can comfortably afford, funding your gambling through dishonest activities, or putting your work or relationships at risk. If you have any indications of a gambling problem please contact Gamblers Help on 1800 858 858.
  4. You are not an undischarged bankrupt
  5. You are located and reside in Australia
  6. You are accessing and will only use the website for your own personal use
  7. You have read, understood and agree to these terms of use including the terms set out under the headings responsible use, disclaimers and limitations as to what we provide and our liability to you.

License to use the website

Subject to you complying with these Terms of Use and to any applicable website subscription requirements, we grant you a non-exclusive license to use the website for the following limited purposes:

  • to find out information about Entourage Horse Racing including products and services we offer
  • to become a website subscriber
  • to review tips, news articles, commentary, information and other content published on the website
  • to buy or order products we make available online
  • to subscribe to our electronic newsletter and email services and any other product(s) or service(s) we may offer as part of a subscription package.

Website subscription         

Many parts of the website functionality, website content and related products (as available) are only available to website users who have become website subscribers, such as access to tipping information and black bookers. When you complete the online subscription registration form you are applying to us to become a subscriber to the website (on the terms set out on the website). Your payment will be automatically processed at the time of making your subscription application and you will be emailed to advise you that payment has been completed. However, we may, entirely at our discretion, reject a subscription application and, if we do so, we will refund your payment. Once your subscription application is processed you will provide or be provided with subscription credentials (username, email and password) and you agree to keep your subscription credentials confidential. You acknowledge that your subscription may not be transferred or assigned to anyone else and that information you obtain through the website may not be shared with anyone else.

You must ensure your contact (and other) details provided to us are true, correct and complete and are at all times kept up to date. You agree that notices and all other communications are effectively given to you if they are sent to your last advised email address. You should also add us to your email contacts book and check to ensure our emails do not get filtered out to your “junk” email folder without your awareness or get blocked by your firewall. If you need to update any details you may do so through your subscriber login or by contacting us. Upon our request, you agree to provide us with identification and other information as we may reasonably require to verify your identity, your compliance with the Terms of Use or as may be required by any law or government agency.  We may also collect and disclose information about you in the instances set out in the Privacy Policy.

Subscription fees

In order to become a website subscriber you must pay the fees as stated on the website at the time of completing your subscription registration form and the relevant GST applicable. All subscription fees are payable in advance. Different fees may be payable depending upon the type or duration of subscription you apply for. Any special offers we may advertise may be for a limited time or quantity. Subscription fees may increase or decrease over time.   You agree that you will not be entitled to any refund or reimbursement if the subscription fees decrease or if any special offers are available which mean that your subscription would have been cheaper if purchased at a later point in time.

Refunds are only available in the limited instances mandated by the Australian Consumer Law (and any other applicable laws or regulations). Refunds are not available if you simply change your mind about being a website subscriber. If we terminate your subscription we will provide a pro-rata refund of your subscription fees for the remaining period of your subscription, unless we terminate because you do not comply with these Terms of Use.

Payment methods. Payments may be processed through a third party payment gateway (such as Paypal Pty Ltd or a credit card provider) or such other payment method as we advise on the website is available. If there is a problem processing your payment after your subscription application has been confirmed, we may cancel your subscription. You agree that we are not responsible for and that you accept all risks related to the treatment of any information you provide to a third party as part of the payment process. The security of any payments made and any information you provide is dependent upon the security of our third party payment gateway providers. If you are not comfortable accepting these risks you may contact us to arrange an alternative payment method.

Subscription termination

You may terminate your subscription at any time by emailing us at admin@entouragehorseracing.com.au. We may terminate your subscription (with immediate effect by advising you by email or otherwise), restrict functionality available to you and/or refuse service to you if we reasonably believe (i) you are in breach of these Terms of Use, any law or the legal rights of any person; or (ii) you are using the website in an inappropriate way or outside its intended purposes; or (iii) if we no longer offer the subscription functionality or for other business reasons. No refunds are available except as required by law.

Terms of sale for products listed on the website

Fees and charges. Charges, fees, rates and all other payments relating to your purchase of products through  our website are as stated on the relevant website pages at the time you place your order. All amounts stated are exclusive of GST (unless otherwise indicated) and may change over time. The amount you are charged will be the amount stated on the website at the time you place your order. Any special offers we may advertise may be for a limited time or quantity. Any delivery or other applicable fees or charges advised to you at the time of placing an order.

Orders. You may place an order by selecting your desired product(s) and submitting your details on the relevant order page (an “order”). You may be required to become a subscriber prior to submitting an order. In submitting an order, you agree that your order is subject to the terms and conditions set out in these Terms of Use. Please take care in placing your order, we are not required to provide any refunds simply because you change your mind. Any order is an offer by you to purchase the relevant products at the prices. We may, in our discretion, reject an order, including for reasons such as insufficient supply of a particular product, incorrect pricing or description of the product on the website or where your payment has not been received by us. The applicable purchase price and all other fees and charges must be paid by you at the time of placing an order. Payment methods and the terms applicable are the same as set out above under the heading “Subscription fees”. We will usually send you an email confirmation upon receipt of your payment. If there is a problem processing your payment we may cancel your order.

Cancellation. If you wish to cancel an order/booking you should contact us immediately on admin@entouragehorseracing.com.au. Requests to cancel may not be processed outside our standard business hours. Orders cannot be cancelled once they have been dispatched for delivery to you. We may cancel all or any part of your order if a product is not available, the pricing or product description on the website was incorrect at the time of your order or if we believe you have not or do not comply with these Terms of Use, in which cases any amount already paid by you will be refunded in full. However, where you cancel an order cancellation charges may be payable for an amount representing the expenses we incur or are otherwise out of pocket due to your cancellation – such as administrative charges and/or transit charges.

Delivery. Products will not be delivered to you until they are paid for in full. Where delivery times are indicated on the website are offered as general guidance only. You agree that delays may occur, such as where products are not immediately available or for reasons associated with our delivery service providers. Where you order several products within the one order, these products may be delivered separately. Charges associated with delivery are set out on the Website and/or advised to you prior to purchase. Charges may depend upon the size and weight of products and their destination. We generally only deliver products within Australia and our ability to deliver to your location is subject to our delivery service providers. We or our delivery service provider may need to contact you for additional delivery instructions or to arrange a delivery time. Depending upon the type of delivery service provider, you may be required to be present to accept delivery of your product(s). If you are not present at the required time, then the product may not be delivered and you may be charged an additional delivery fee. You agree that any person who is present at the delivery address you have specified is authorized by you to accept delivery of the products on your behalf.

Unless otherwise indicated on the website at the time of placing your order, all products will be delivered using Australia Post. All title and risk in the products passes to you at the time your order is accepted by us, including all risk for damage of goods in transit.

Where we sell products which are delivered electronically, they will be sent to your email account (as you have advised us) or will be available by the mechanism stated on the website. If you do not receive your purchased products or have difficulties accessing them, please contact us on admin@entouragehorseracing.com.au.

Guarantees, refunds and returns. Most (if not all) products available through the website come with guarantees provided by the Australian Consumer Law according to which you are entitled to a refund for any major failure in the products and compensation for reasonably foreseeable loss or damage you have incurred (if applicable) OR, for any non-major failure in the products, to have the products repaired or replaced if they are not of an acceptable quality (as that terms is determined according to the relevant law).

If a product appears damaged at the time of delivery, then you should not accept the product and contact us on admin@entouragehorseracing.com.au. You agree (i) to contact us within 24 hours (on business days) if you receive any product(s) which you believe is damaged or otherwise defective and (ii) that if you do not contact us within that period then all goods are deemed to have been received in an acceptable form, without damage and in satisfaction of the consumer guarantees mandated by law.

Product safety. You must ensure you always follow any product safety or other general product information provided with any goods you receive from us.

Changes to website content and functionality

The website is a dynamic part of our business and its content and functionality may change over time. In general, changes to website content and functionality will happen without you receiving notice and may include the addition or removal of tips, information, commentary, products for sale and/or services. If you are not satisfied with any changes to the website content and/or functionality, you may terminate your use of the website and your subscription (see Termination).

Responsible use

Although the website does not offer any gambling or betting capabilities, it does provide content which is relevant to gambling and betting. It goes without saying that if you gamble you risk losing money. You must ensure that you put in place sensible limits to your gambling activities and that you never gamble more money than you can afford to lose. Before gambling you should consider what amount you can afford to spend on gambling in the event that the bets you place are unsuccessful and set a threshold amount. As you gamble, you should monitor your expenditure and ensure that you never cross that threshold amount. For some people gambling can become a problem and we strongly advise that you seek professional help and the support of others if you ever feel you are starting to lose control of the amount you spend and that you are not sticking to the threshold amount you can afford to lose, or if your gambling is starting to have negative effects on your life or the lives of others. You can seek help from Gamblers Help by phoning 1800 858 858.

Consumer guarantees        

All disclaimers in these Terms and Conditions and limitations on our liability to you are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability, including the Australian Consumer Law (“ACL”). To the extent the ACL applies to products and services we supply, we guarantee that goods will be of an acceptable quality (as that term is defined by relevant law) and we guarantee that services will be provided with care and skill, in all cases taking into consideration the price you have paid for such goods/services and any deficiencies of which we have advised you in these Terms of Use (or otherwise). Where goods or services fail to meet the guarantees mandated by the ACL you are entitled to (i) for any major failure, a refund and compensation for your losses or damages which were reasonable foreseeable; or (ii) for a non-major failure and at our option, to have the goods (if relevant) repaired or replaced and/or to have the services (if relevant) re-supplied by us or to be reimbursed the cost of their re-supply (in both cases, at our option).

Disclaimers and limitations as to what we provide

Warranties excluded. We exclude all representations and warranties related to any goods or services we provide other than those expressly set out in these Terms of Use and those which by law cannot be excluded. The website, including all functionality and content, are provided “as is” and may contain inaccuracies, errors and/or be out of date, may be unreliable and unsuitable for your requirements and purposes and may not provide the results you desire. For business, technical and other reasons, the website (and its various components) will not operate on a continuous basis and may be unavailable from time to time, such as for maintenance purposes.  Operation of the website and your access to certain website functionality may also be temporarily or permanently suspended for various reasons and at our discretion. Suspensions may apply to you individually or to all (or any group of) website users.

Content generally. We hope to provide news articles, general information, commentary and other content that is up to date, accurate and relevant. However, at the time you view certain content, it may be out of date, not true for the location(s) relevant to you, contain inaccuracies or errors or be otherwise untrue. We make no endorsements and no representations or statements as to the reliability, accuracy or suitability of any content for your specific purposes. You should perform all inquiries as appropriate in the circumstances to verify any content on the website prior to relying on it and you assume full responsibility for any reliance you place on that material.

No guaranteed results! The tips, view, advice and other commentary available on the website represent our opinions and views only and cannot and should not be interpreted as statements of fact. Obviously future events cannot be predicted with any certainty. While we put forward views, commentary and other content which we believe to be relevant and which we genuinely hold, we make no representations or warranties as to the correctness or reliability of those view, commentary and other content or whether such views and opinions are reasonably held. They are put forward as our genuine views but we make no representations or warranties as to whether the basis on which they are held is reasonable or valid.

Your assumption of risk. Your use of the website and related content and services is on the basis that you assume responsibility for all associated risks, whether or not foreseen. Taking a financial position in horse racing and other sport betting and gambling systems is inherently risky and you accept full risk in relation to your participation in such activities. You acknowledge that you are entirely responsible for any financial or other loss which you suffer as a result of such activities and that we in no way will be held responsible for your reliance on our views, opinions or other content made available.

Third party payment systems. The security of any payments made in respect of the website (such as for subscription) is dependent upon the security of our third party payment systems provider(s), such as PayPal Pty Ltd. While we use third party payment system provider(s) who we believe to be reliable, we in no way guarantee or make any recommendations as to the security or reliability of their systems. Any use of their payment systems is entirely at your risk and you agree that we are in no way responsible for any inadequacy in the security measures or failures in the security of the payment systems. Should you prefer, you may contact us directly at admin@entouragehorseracing.com.au to arrange an alternative payment method

Linking and advertising. The website may contain links to or from other external websites not operated by us (“linked sites“). The linked sites are not under our control and we are not responsible for the contents or activities of any linked site. Where we provide links, we do so for your convenience only and in no way endorse or recommend the linked site, its content, products or services or the business operating it. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that website or any other negative impact it may have upon your computer. Similarly, advertising on the website does not represent our endorsement of or warranties in relation to whatever is being advertised or the business advertising it. Any products or services purchased by or used by you from any person or business advertising or providing a link on the website is a matter between you and that advertiser and we will in no way be joined in any dispute in relation to such advertisement, products or services. You should perform all such inquiries as are prudent prior to providing personal information, ordering or accepting products or services from any linked website or advertised business.

Please contact us to request permission if you would like to link to, frame or mirror any part of the website or to include a link in content you provide through a messaging service. You should not proceed without our express permission.    

Our liability to you

Subject to the ACL and to the extent permitted by law: (i) we limit the entirety of our liability to you (or anyone else) in relation to this agreement (including liability related to any products or services we supply) to the amount we have charged you for access to the website, or, where no amount has been charged, $10 (AUD); and (ii) all liability in respect of any special, indirect or consequential loss or damage is excluded. We do not limit our liability to you where our negligence causes your personal injury or death. To the extent that any provision purporting to limit our liability is held to be unenforceable, then our liability is limited to the maximum extent permitted by law. For the avoidance of doubt, liability limited by this section includes liability in any way related to your use of content and any financial losses you may incur through your reliance on such content.   To the extent permitted by law, where we are unable to limit our liability in the preceding manner, then our liability in respect of any claim, at our option, is limited to the repair, replacement or re-supply of the relevant goods or services (as relevant) or the cost of having such goods or serviced repaired, replaced or re-supplied.

Confidentiality and intellectual property rights

The website and our communications with you contain material that is confidential and that is protected by Australian and international intellectual property laws. If you are a website subscriber, you acknowledge that all tips, commentary and other content provided (that is not otherwise available to the general public) is of value to our business and is provided to you for your use only and may only be used for your own personal purposes – it may not be shared or passed around and you agree to treat all such content as confidential information and take all reasonable measures as may be necessary to ensure its continued confidentiality. For example, you must not (i) copy, transmit, disclose or distribute any content made available on the website (unless you are specifically licensed to do so or it is available to the general public), (ii) re-use any content in providing your own publications, website, other type of service(s) or for the purpose of commercial re-supply; or (iii) reproduce content without our express permission (except that you may print a copy of any page within the website for your own personal use). Except for the limited license expressly granted, nothing in these Terms of Use constitutes a transfer of any intellectual property rights to you. As between you and us and except in respect of any content you provide, we own all intellectual property rights in connection with the website.

Prohibitions as to your use of the website generally

In addition to all other requirements in these Terms of Use, you must not use the website:

  • to bring us or the website into disrepute;
  • in any manner which is unlawful or which causes you or us to breach any law, regulation, rule, code or other legal obligation;
  • for the purpose of commercial resupply of products or services offered over or available from the website;
  • in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website;
  • to obtain or attempt to obtain access to any materials or information through any means not intentionally made available or provided for through the website;
  • to use any code or device referring to the website or otherwise to our network(s) to direct people to another web page or to use any device or mechanism, such as a browser, spider, robot, avatar or other intelligent agent, to navigate or search the website or any of our network(s) other than generally available third party web browsers (such as Microsoft Explorer); or
  • to attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, reverse engineer or otherwise disassemble any portion of the Website (except to the extent permitted by law).

Changes to the Terms of Use

At times we may change the Terms of Use by publishing an updated version on the website which will supersede all previous versions. Changes may be made to protect our interests and to reflect changes in the website and any products or services we offer. At all times you are free to terminate your use of the website and this agreement with us without any further charge or penalty.

Termination

Unless you have become a subscriber, then these Terms of Use may be terminated at any time and for any reason (i) by you, by ceasing all further access to or use of the website and, if you have become a subscriber, by advising us by email; or (ii) by us, by ceasing to operate the website, terminating your subscription or advising you by email. If you are a subscriber, then these Terms of Use may be terminated as set out under the heading Subscription termination above. Termination may be of immediate effect and without any prior notice. Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination.

Miscellaneous

Contacting us. You may contact us by emailing us at admin@entouragehorseracing.com.au or, for any urgent matters, please send us a private message with your telephone number through our Facebook page at Entourage Horse Racing Tips and we will return your call as soon as practicable.

You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. If you do not comply with these Terms of Use you should immediately cease all use of the website.

These Terms of Use form the entire agreement between you and us with respect to the subjects set out in these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable, the relevant provision shall be deemed to be removed and replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in full force and effect. Any failure to assert any right under the Terms and Conditions does not constitute a waiver of such right. No waiver of any term of the Terms of Use will be deemed a further or continuing waiver of that term. These Terms of Use are governed by and construed in accordance with the laws of Victoria and each party submits to the non-exclusive jurisdiction of the courts of Victoria.

Definitions

In addition to the definitions already set out:

  • content” means any information, opinions, commentary, graphics and any other materials viewable on the website or otherwise transmitted by us
  • including” and “may include” mean “including but not limited to” and “may include (without limitation)” respectively
  • subscriber” means any person or business who we have accepted as a subscriber to the website
  • subscription credentials” means the username, password or any other information which is used to access a subscription account
  • the website” means entouragehorseracing.com.au and all content residing in that domain, including the website functionality, any messaging service(s), the layout, design and underlying code and systems
  • we”, “us” and “our” refers to Mathew Armistead t/as Entourage Racing and Sports ABN 79 185 066 901
  • website functionality” means the nature, composition, features, availability, functions and all other aspects of the operation of the website
  • you” and “your” refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of a company, that employer and/or company (as appropriate).

(Updated as at 12.01.2018)