Terms and Conditions

Thank you for visiting our site. This site, which may include any website, application or mobile site, is owned and operated by The Shark (TheRacingSharks.com.au) .

By accessing and/or using this site and any of TheRacingSharks.com.au’s related services, you agree to these Terms and Conditions, which include our Privacy Policy available here (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our site or related services if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means TheRacingSharks.com.au and its related services.

These Terms may be updated by us from time to time and at our sole discretion. You should check this page regularly to take notice of any changes we may have made to these Terms. You must be at least 18 years of age to access our site and use our services.

  1. Registration

1.1 You may need to be a registered member to access certain features of our site.

1.2 When you register and activate your account, you will provide us with personal information such as your first name, last name, screen name/user name and email address.  You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

1.3 When you register and activate your account, you will create a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

1.4 To create an account, you must be:

(a) at least 18 years of age;

(b) possess the legal right and ability to enter into a legally binding agreement with us; and

(c) use the site in accordance with these Terms.

  1. Accuracy, completeness and timeliness of information

2.1 The information on our site is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our site, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this site. In particular, we make no warranty regarding 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.  Prior to using the services of any bookmaker, you should review the bookmaker’s terms and conditions.

2.2 We are not liable to you or anyone else if interference with or damage to your computer occurs in connection with the use of this site or a linked website.

2.3 We may, from time to time and without notice, change or add to the site (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the site updated.

  1. Links to third party sites

3.1 Our site may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current, accurate or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. In particular, we make no representations regarding the content or information provided by any bookmaker whose website we may link to.

  1. Intellectual property rights

4.1 Unless otherwise indicated we own, or license from third parties, all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this site and in all of the material (including all text, graphics, logos, audio and software) made available on this site (Content).

4.2 Your use of this site and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this site or the Content. However we grant you a licence to access the site and view the Content on these terms and, where applicable, as expressly authorised by us and/or our third party licensors.

4.3 Any reproduction or redistribution of this site or the Content is prohibited and may result in civil and criminal penalties. In addition, copying the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

4.4 All other use, copying or reproduction of this site, the Content or any part of it is prohibited, except to the extent permitted by law.

4.5 This site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this site. You may not use this site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

  1. Prohibited activity

5.1 You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our site, including but not limited to:

(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;

(b)accessing this site if you are under 18 years of age;

(c) using this site to defame our employees or other individuals;

(d) uploading files that contain viruses that may cause damage to our property or the property of other individuals;

(e) posting or transmitting to this site any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

5.2 If we allow you to post any information to our site, we have the right to take down this information at our sole discretion and without notice.

  1. Warranties, disclaimers and liability

6.1 To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this site or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this site will be secure.

6.2 We reserve the right to restrict, suspend or terminate without notice your access to this site, any Content, or any feature of this site at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

6.3 To the maximum extent permitted by law, including the Australian Consumer Law, in no event will we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our site or any bookmaker’s website, and/or the information or materials contained on it, or as a result of the inaccessibility of this site and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

  1. Indemnity

7.1 You agree to indemnify, defend and hold harmless TheRacingSharks.com.au, its directors, officers, employees, consultants, agents and affiliates from any and all third party claims, liability, damages and/or costs arising out of your use of this site or your breach of these Terms.

  1. Jurisdiction and governing law

8.1 Your use of the site and these Terms are governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

  1. Responsible Gambling

9.1 TheRacingSharks.com.au supports responsible gambling and acknowledges that gambling may become a problem for some people.  We encourage all our customers to gamble responsibly and within your 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.