Terms & Conditions
These Terms of Use govern your use of our websites and mobile applications (“Site”).
By accessing or using our Site, you agree to be bound by these terms of use (“Terms of Use”). These Terms of Use constitute a binding agreement between you and Mr Racing and govern your use of this Site.
As part of these Terms of Use, your use of this Site is also subject to our Privacy Policy (www.mrracing.au/privacy), which is incorporated by reference into these Terms of Use.
If you are under 18 years of age, you cannot use this Site. By using this Site you represent and warrant to Mr Racing that you are over the age of 18 years. Should Mr Racing suffer any damage or other losses as a result of a use of this Site by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
mrracing.au and mrracing.com.au (Site) is not a bookmaking and wagering website.
Mr Racing provides only a tipping service and does not give financial advice
Mr Racing is an advocate of responsible gambling. Mr Racing wants members to always be in control of their gambling at all times and not allow member’s gambling to control them. Please ensure that when using any Mr Racing tips that members do so in a controlled manner with the key principle to only gamble what they can afford to loose.
By becoming a member of Mr Racing tips, members acknowledge and agree that they will only place bets with licensed betting service providers in Australian Jurisdiction.
Members will be able to select a tipping package and will have access to Mr Racing’s tips which will be sent to the member via the mobile application relevant to the package that the member has selected and paid for.
All tipping packages automatically give the member one entry into the Punter of the Week draw.
By becoming a subscriber to Mr Racing, members acknowledge and agree that the tips that they receive are confidential and proprietary in nature and should not under any circumstances be forwarded on or otherwise communicated to any person without the prior written consent from Mr Racing PTY LTD.
Mr Racing form analysts believe in our product, but in no way are our tips / selections a guarantee. One week of positive return does not in any way guarantee the next. Members should be aware that betting is a form of gambling with no certainty, and members can lose their entire bet. Mr Racing PTY LTD is not responsible for members’ losses. There are no refunds on gambling monies lost.
Mr Racing.au does not provide any assurances or guarantees that any of the horses, races and events which have been the subject of tips by Mr Racing have not been cancelled, postponed or otherwise varied. In the event that any such horse or event is cancelled, postponed or varied Mr Racing accepts no responsibility and, relevantly, your subscription is non-refundable.
From time to time, in the course of events or activities associated with your membership, Mr Racing may take photographs and/or video footage containing your identity. All material obtained may be used in any advertisement, material or merchandise of Mr Racing.
Punter of the Day – Silver Membership
Entrants to the competition must be over the age of 18 and over the legal age of gambling in their specific jurisdiction.
Entries strictly close 11:59pm each Thursday. The draw will occur on the Friday or Saturday following at 9.00am and the winner will be notified by text and the Mr Racing App. A push notification will also be sent.
All Silver members will automatically receive one free weekly entry into the Punter of the Day draw provided that their membership fees are up to date.
The Punter of the Day will receive a “Free Bet”. The winner will be chosen at random using a random number generator. The lucky random punter of the day will receive all profits of the free bet. Funds will be transferred the same day into the account the member used to subscribe and notification of confirmation receipt will also be sent via email to the Punter of the Day. The company “Mr Racing PTY LTD” will retain the costs of placing the bet. The free bet will be selected by Mr Racing and will be one of the Mr Racing tips of the day displayed on our Site, another good reason to cheer it home. Mr Racing encourages the Punter of the Day to video watch the outcome of the “Free Bet” and send it to Mr Racing’s socials or via email to matt@mrracing.com.au
Pro Punter of the Week – Gold Membership
Entrants to the competition must be over the age of 18 and over the legal age of gambling in their specific jurisdiction.
Entries strictly close 11:59pm each Sunday. The draw will occur on the Monday following at 9.00am and the winner will be notified by text and the Mr Racing App. A push notification will also be sent.
All Gold Members will automatically receive one free weekly entry into the Pro Punter of The Week draw provided that their membership fees are up to date.
The Punter of the Week will receive $10 per unit on every tip we send for the entire 7 day period for the Gold Service. The winner will be chosen at random using a random number generator. The lucky random punter of the day will receive all profits of the week’s total above $10,000 starting bankroll. Funds will be transferred the same day into the account the member used to subscribe and notification of confirmation receipt will also be sent via email to the Punter of the Week. In the case of a negative result ie. bankroll ends under the $10,000 bank roll. No funds will be transferred. The company “Mr Racing PTY LTD” will retain the costs of placing the bet. The free bets will be selected by Mr Racing and will be on the Mr Racing gold memebrship tips of the week displayed on our Site, another good reason to cheer it home. Mr Racing encourages the Punter of the Week to video watch the outcome of the “Free Bet” and send it to Mr Racing’s socials or via email to matt@mrracing.com.au
Restrictions on use
Your use of this Site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to Mr Racing at law or in equity, Mr Racing reserves the right to, without notice:
temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide products to you if:
you breach any provision of these Terms of Use;
Mr Racing is unable to verify or authenticate any information that you provide to us; or
Mr Racing believes that your actions may cause damage and/or legal liability to Mr Racing, any of its customers or suppliers or any other person; and
remove or block access to any information and/or materials (in whole or in part) that Mr Racing, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these
Terms of Use.
You indemnify and hold harmless Mr Racing and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
any material or information that you submit, post, transmit or otherwise make available through this Site;
your use of, or connection to, this Site; or
your negligence or misconduct, breach of these Terms of Use or violation of any law or the rights of any person.
Registration and Account Security
The Company reserves the right to make any parts of this Site accessible only to users who have registered.
Upon registration with this Site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this Site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Mr Racing will be entitled to assume that any person using this Site with your username and password is you or your authorised representative.
You must notify Mr Racing immediately of any known or suspected unauthorised use of any password or any other breach of security.
In order to register an account with this Site, you must agree to these Terms of Use and provide Mr Racing with:
a valid email address;
accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
any other information that may be required by Mr Racing during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to Mr Racing that all information provided to Mr Racing by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
One person may not maintain more than one account with this Site. Accounts registered by “bots” or other automated methods are not permitted.
The Company reserves the right to accept or reject any application for registration of an account with this Site at its discretion.
Payment Methods
Members Fees are as displayed on our Site. We reserve the right to change the Members Fees at any time.
Payment for Members Fees may be made:
by credit card processed online using the secure Shofiy payment gateway; or our internal Fisver
using Shopify Payments; or
via direct bank deposit by electronic funds transfer (EFT).
Shopify and Fisver secure payment gateway
Mr Racing uses the third party Shopify gateway provided by Shopify for its secure online payment transactions as well as our own internal gateway provided through Fisver.
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Shopify, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
Credit and debit card payments
Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
Payment by EFT
If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.
Refunds and other remedies
Except as expressly provided otherwise in these Website Terms of Use, all amounts paid through this site are non-refundable. Further information on the steps that Mr Racing will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Website Terms of Use below.
Security
While Square and our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Mr Racing.
Mr Racing may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Mr Racing considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
INTELLECTUAL PROPERTY
Copyright
In these Website Terms of Use, the term “Proprietary Content” means:
this site;
all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
all software, systems and other information owned or used by Mr Racing in connection with the services offered through this site (whether hosted on the same server as this site or otherwise).
All Proprietary Content is the property of Mr Racing or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of Mr Racing or other copyright owner (as applicable).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Trademarks
Mr Racing is a registered trademark.
The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Mr Racing. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Mr Racing.
User Content
In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This site contains some features that enable you and other users to upload User Content. Mr Racing reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
represent and warranty to Mr Racing that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
grant to Mr Racing a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Mr Racing’s absolute discretion.
Copyright claims
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPRIETOR AND ITS EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, Mr Racing and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
this site will meet your requirements or expectations;
you will receive any profit by relying on the information provided by us;
anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
errors or defects will be corrected; or
this site or the servers that make it available are free of viruses or other harmful components.
LIMITATION OF LIABILITY
Exclusion of liability
To the maximum extent permitted by law, Mr Racing and its employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
Remedies limited
To the maximum extent permitted by law, Mr Racing and its employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Mr Racing’s sole discretion):
in the case of goods, to any of the following:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
Release
You agree that your use of this site is at your own discretion and risk. You agree to release Mr Racing and its employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. Mr Racing may plead this release as a bar and complete defence to any claims or proceedings.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, Mr Racing excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of Mr Racing, and Mr Racing shall be entitled to a reasonable extension of time for the performance of such obligations.
GENERAL
Interpretation
In these Website Terms of Use, the following rules of interpretation apply:
headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
these Website Terms of Use may not be construed adversely against Mr Racing solely because Mr Racing prepared them;
the singular includes the plural and vice-versa;
a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Notifications
Mr Racing may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.
Costs
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without Mr Racing’s prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
Mr Racing may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
No waiver
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Mr Racing to act with respect to a breach by you or others does not waive Mr Racing’s right to act with respect to that breach or any subsequent or similar breaches.
Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Variation
Mr Racing reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site.
You may only vary or amend these Website Terms of Use by written agreement with Mr Racing.
Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.
We appreciate hearing from you. Please be aware that by providing your feedback to our tipping services, whether it be it via email, posting via any public forum or otherwise (including any reviews, questions, photographs or videos, comments, suggestions, ideas or the like) you grant mrracing.au a non-exclusive, royalty-free, perpetual and irrevocable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display such feedback of yours throughout the world in any media, now known or hereafter devised; (b) make your feedback available to the rest of the world and (c) use the name that you submit in connection with such feedback.
www.mrracing.com.au/T&C
www.mrracing.au/T&C
– Prohibited conduct
YOU MUST NOT:
use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
use this Site by any automated means;
use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this Site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this Site;
do anything that leads, or may lead, to a decrease in the value of Mr Racing’s intellectual property rights in this Site;
use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Mr Racing without Mr Racing’s prior written consent; or
use this Site to transmit any information or material that is, or may reasonably be considered to be:
abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
in breach of any person’s privacy or publicity rights;
a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
containing any political campaigning material, advertisements or solicitations; or
likely to bring Mr Racing or any of its staff into disrepute.