John Mcleod trading as MACBET (ABN 75437354424) operates a website located at www.macbet.com.au (“the Website”) and a Short Message System (SMS) Service (The “SMS Service”).
2. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights (including copyright) in all information, text, material, graphics, fonts, icons, code (including HTML), audio, video, photographs, software and advertisements on the Website or the SMS Service (“Content”) are owned by or licensed to MACBET. The Content is protected by Australian and international intellectual property laws.
You must not modify, copy, reproduce, sell, frame, scrape, upload to a third party, create derivative works from, post, transmit or distribute the Content in any way except as expressly provided for on the Websites or expressly authorised in writing by MACBET.
All information provided by MACBET in accordance with the SMS Service is confidential information and you shall not share any information provided through the SMS Service to any person.
3. SERVICES AND ACCURACY OF INFORMATION
MACBET does not warrant that the material or functions contained in the Website or SMS Service or your access to them will be uninterrupted, error-free or free of viruses or any other harmful components.
MACBET does not warrant or make any representation regarding accessibility, correctness, accuracy, timeliness, completeness, reliability or otherwise in respect of the Website or the SMS Service or materials or functions contained on the Websites or the SMS Service.
4. DELAYS AND VIRUSES
MACBET will not be liable for damage or loss resulting from any delay in operation or transmission, virus, harmful component, communications failure, internet access difficulties or malfunction in equipment or software, howsoever caused.
We undertake to make all reasonable efforts to ensure that the Website and SMS Service is available to you during the hours specified by us from time to time but we are not liable to you for or in connection with
- Failure of a Service to perform in whole or in part, any function which we have specified it will perform;
- The unavailability of a Service to you in whole or in part because of the failure of the Communication Network, Ancillary Equipment or any circumstance beyond our reasonable control; or
- Delays or errors in the execution of any transaction or instruction because of the Communication Network, Ancillary Equipment or any circumstance beyond our reasonable control.
5. LIMITATION OF LIABILITY
MACBET or any related corporation or their respective directors or employees will not be liable to you for any losses, damages, liabilities, claims or expenses (including legal costs) whether direct, indirect, or consequential howsoever caused (including, without limitation, negligence) suffered or incurred by you arising out of:
- use of, or any inability to use the Website or SMS Service; or,
- the Content of this Website and SMS Service; or,
- any services offered or made available to you by MACBET through any means.
- supplying similar services as agreed between the parties;
- refund the cost of the services not supplied.
Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the TPA or any other legislation which may not be excluded, restricted or modified by agreement.