Terms Of Use

1. Ownership: WTW Holdings Pty Ltd as the Trustee for Who Tipped What Unit Trust, (Who Tipped What, we or our) ABN 75 693 231 847 is the owner and operator of www.whotippedwhat.com (Website).

2. Acceptance and amendments: Users of this Website (users or you) agree to be bound by these terms of use and the Who Tipped What Privacy Policy (Terms of Use), which are subject to change at the sole discretion of Who Tipped What at any time. Your use of and access to this Website indicate your acceptance of the Terms of Use (and any changes to them). In reading this Website you are deemed to have read and agreed to the Terms of Use. The Terms of Use contain the entire agreement between you and Who Tipped What relating to your access and use of this Website.

3. Description of service

Who Tipped What provides its users with access to footy tips and articles for both NRL and AFL (the “Service”). You understand and agree that the Service may include advertisements and that these advertisements are necessary for Who Tipped What to provide the Service. You consent to receiving emails from Who Tipped What containing advertisements for 3rd party services. You also understand and agree that the Service may include certain communications from Who Tipped What, such as service announcements, administrative messages, email advertising and Who Tipped What newsletters, and that these communications are considered part of a Who Tipped What membership. You may at any time unsubscribe from receiving email advertising and Who Tipped What newsletters.

4. Accuracy of content: While all care is taken in the compilation of the Website content, Who Tipped What accepts no responsibilities for any typographical errors, reliability or completeness of the information displayed on the Website. The content on the site is derived from sources believed to be accurate and current. Information (including but not limited to results, statistics, data, odds, figures and fixture lists) posted on the Website is provided on an “as is” basis for your information only and is not intended to amount to advice on which reliance should be placed. Your use of such information is at your own risk.

5. Intellectual Property: All copyright, database rights, trademarks, design right, registered design, trademark, trade name, brand, logo, slogan, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name (under whatever extension, e.g. .com, .au, etc.) or other similar right or obligation whether registered or unregistered, and other intellectual property contained in this Website are owned, except as otherwise expressly stated, by Who Tipped What or a third party, and users obtain no interest in those rights.

6. Comments: The views which are expressed in the comments areas of the Website are not the views of Who Tipped What, nor are they the views of any of related entities, and to the extent permitted at law we accept no liability in respect of any material posted in the comments areas, nor are we responsible for its content and accuracy. You rely on material posted in the comments areas at your own risk. Who Tipped What may reject, refuse to post or delete any user generated content for any or no reason.

You grant to Who Tipped What, its assignees and authorised nominees, a non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, display, modify, adapt, transmit, reproduce, exploit, exhibit and communicate to the public in all media throughout the world any user generated content that are uploaded or transmitted by you on the Website.

Your obligation is to comply with the Terms of Use and not post any material in the comments areas that:

(a) is unoriginal, or in which you don’t own the copyright, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the copyright, registered trademark or intellectual property rights of another person;

(b) is obscene, offensive, pornographic, vulgar, profane, indecent or unlawful; (c) is (or could reasonably be expected to be) defamatory of any person;

(d) racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; or

(e) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.

(f) advertises, promotes or solicits any goods or services, or otherwise engages in trade or commerce.

Without limiting, compromising or waiving any of it rights, non-compliance of the Terms of Use may result in Who Tipped What’s immediate suspension or termination of your use of, or access to, the Website.

7. Liability: Who Tipped What shall not be liable to you or any other person for any indirect, direct or consequential loss, damages or costs suffered in relation to any of the information contained within the Website or by any third party including any advertisement made by that third party.

You agree to fully indemnify and hold harmless Who Tipped What and its related bodies corporate against any and all liabilities, claims (actual, threatened or potential), loss (including consequential loss) and damage incurred in connection with:

(a) your use of or access to the Website;
(b) user generated content which you post or transmit; or
(c) any breach by you of these Terms of Use.
This indemnity will survive the termination or expiration of the Terms of Use for any reason.

8. Third parties: This Website may contain materials produced by third parties. Such material is provided by third parties and therefore not under Who Tipped What’s direct control or monitor. Who Tipped What does not accept responsibility or liability in respect of any such third party materials or content. Material produced by third parties are not necessarily endorsed by us and we shall not be regarded as either the primary or secondary publisher of such materials.

In some instances, advertisements displayed on the Website will contain representations made or offers by a third party which you can accept by linking to their website and executing any relevant transaction. Any such offers are not made by this Website, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase or use as a result of visiting their website.

Who Tipped What will not accept any responsibility for loss or damage in whatever manner, howsoever caused, resulting from your disclosure of information to third parties. You may not create a link to any page of this Website without our prior written consent.

9. Copyright infringement: Who Tipped What respects third party intellectual property rights. If you are a copyright owner or agent thereof and you believe that any content on the Website infringes your rights, please notify us by email at info@whotippedwhat.com.

When contacting Who Tipped What regarding potential copyright infringement, please provide the following information:

(a) identify the copyrighted work which you claim has been infringed;

(b) identify the content on the Website that you claim infringes your rights and explain the way in which it infringes your rights;

(c) information to allow us to contact you regarding your copyright infringement notice;

(d) a statement that you believe that use of the content in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

(e) a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

10. Complaints: If you wish to make a complaint regarding content on the Website, please notify Who Tipped What by email at info@whotippedwhat.com. We will endeavour to respond to complaints within 30 days.

11. Termination or suspension of access: Who Tipped What may, in its sole discretion, terminate or suspend your access to all or part of the Website at any time, with or without notice, if you breach the Terms of Use.

12. Gambling: Any information appearing on the Website is not meant in any way to be a source of professional advice or recommendation to in any way bet or gamble. The Website shall not be held liable for financial loss or misfortune caused by the information and/or services provided on this Website.

Who Tipped What supports responsible gambling. Users of the Website should accept that they bet or gamble at their own risk, and they must understand that it is illegal for anyone under the age of 18 to bet or gamble.

13. Governing Law: Your use of the Website and the Terms of Use are governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.

February 28, 2017