Terms & Your Privacy
Terms & Conditions
Tip Smart provides a Subscription Service via SMS text messages sent to a Subscriber’s mobile telephone. These text messages contain recommendations for selections on race meetings throughout Australia, mainly focusing on Saturday race days in Victoria and NSW. These Terms and Conditions form the terms and conditions on which Tip Smart supplies recommendations to each Subscriber. If you wish to subscribe to receive recommendations from Tip Smart, you must accept and agree to be bound by these Terms and Conditions.
You cannot subscribe for the Service unless you are 18 years of age or older.
Tip Smart reserves the right to change these Terms and Conditions by posting changes online at www.TipSmart.com.au
It is your responsibility to check the Terms and Conditions regularly. Your continued use of the Tip Smart Subscription Service after any changes are made to these Terms constitutes an acknowledgement and agreement by you that you accept and agree to be bound by the amended Terms and Conditions.
Disclaimer of Accuracy of Recommendations
Tip Smart publishes recommended selections in good faith based on its historical analysis of form, using betting strategies and bank structures which over time have shown positive returns. However, Tip Smart cannot and does not represent, warrant or guarantee in any way that it’s Subscription Service will provide positive returns in the future.
You use the Subscription Service at your own risk. You accept and agree that Tip Smart is not liable for any damage or loss which you may suffer through any decision or action taken by you, including wagering or placing bets, on the basis of recommendations made by Tip Smart.
Disclaimer of Responsibility for Telecommunications Services
Tip Smart cannot and does not warrant, represent or guarantee that its recommendations will be delivered to your mobile telephone by SMS Text Message on a timely basis, as no telecommunications carrier or network provider in Australia guarantees SMS delivery.
You accept and agree that Tip Smart is not liable for any damage or loss suffered by you caused or occasioned by any interruption, delay in operation or transmission, virus, communications failure, mobile telephone access difficulties, your mobile telephone being switched off, or by any malfunction in equipment or software of any kind whatsoever.
You also accept and agree that you will pay all fees and charges for delivery of SMS Text Recommendations, notwithstanding that the Recommendations may not have been delivered to your mobile telephone on a timely basis for any reason whatsoever.
Tip Smart Fees
They consist of:
- An Initial Subscription Fee on joining of $6.60;
- A Regular Text Fee of $0.66 for each SMS Text Recommendation (Charged as one charge of $6.60 on the tenth SMS) *** FREE and WAIVED till Dec 2008 ***
- A Winning Text Fee of $6.60 for each SMS Recommendation which is successful Winner (No Charges for Places – 2nd or 3rd).
PLEASE NOTE THAT SMS FEES ARE CHARGED IRRESPECTIVE OF WHETHER YOU FOLLOW THE RECOMMENDATIONS. IN PARTICULAR, YOU WILL BE CHARGED WITH A WINNING TEXT FEE EVEN THOUGH YOU DID NOT FOR ANY REASON WHATSOEVER FOLLOW THE RECOMMENDATION.
Subscription fees and all other charges associated with your subscription (including GST) will be billed automatically to the mobile telephone number you provide when you register to receive the Subscription Service.
All Fees are GST inclusive. When Fees have been charged to your mobile telephone, Tip Smart will deduct the GST it incurs and will issue you with a Tax Invoice at the end of the tax year upon your request. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the "Act"). Tax invoice means tax invoice as defined by the Act.
Termination of Service
You may terminate your Subscription Service at any time by replying “STOP” to any SMS Recommendation received by you.
If after termination your Subscription Service you subsequently wish to subscribe for it again, you will be charged the Initial Subscription Fee again.
Tip Smart may cancel the Subscription Service, without notice or liability and without prejudice to any other legal, equitable, contractual or other rights it may have, if it determines in its sole discretion that you have breached any of these terms and conditions, or that your use of the Subscription Service violates or breaches any applicable law or regulation.
Disputes
You may dispute a charge made by Tip Smart to your mobile telephone account by making a request in good faith to Tip Smart to investigate a specific charge, providing with the request evidence demonstrating that that charge is incorrect.
The request must be made within 3 months after the charge has been included on your mobile telephone account. Tip Smart will conduct such investigations as are reasonably necessary to validate the charge or otherwise, and to the extent that it finds that the dispute is valid, refund or at its option provide a credit in the amount of the disputed charge.
Marketing Opt In
By subscribing for the Service, you agree to opt in to email tips, marketing communications and newsletters. You may unsubscribe at any time by replying to a Text Recommendation “UNSUBSCRIBE”.
Privacy
Tip Smart collects certain personal information from you, including your mobile telephone number, to fulfil the Subscription Service. Tip Smart may provide this information to your telecommunications carrier or network provider and other enterprises in order to enable you to use the Subscription Service and to be charged for such use.
Tip Smart may also use this information to offer products and services which may be of potential interest to you. Tip Smart will not otherwise disclose that information without your consent unless pursuant to an order of a court of competent jurisdiction or pursuant to an order or administrative request of an authorized government agency acting pursuant to legislative powers.
Tip Smart will use reasonable efforts to protect the information submitted by you, but you acknowledge and agree that your submission of such information is at your sole risk, and you agree to assume that risk and to indemnify and hold Tip Smart harmless from any claim for damages, fees, costs or expenses occasioned by such an event.
Confidentiality and Subscription Policy
Tip Smart provides a subscription service containing highly confidential recommendations and tips for selected races to each individual subscriber. Each subscription can only be used legally by one individual subscriber, per mobile phone number which is subscribed to the Tip Smart service at any time. Any violation of this policy, Tip Smart reserves the right to cancel any subscription and pursue any loss of profits legally.
Responsible Gambling
Tip Smart is not a gambling service. It provides a Subscription Service containing recommendations and tips for selected races in Australia, which in Tip Smarts opinion represent “value” wagers or bets, based on a bank structured to the needs of each individual subscriber. However, Tip Smart is a strong supporter of responsible gambling, and believes that you will derive greater enjoyment from the Subscription Service if you set sensible limits to your banking structure to ensure that your gambling expenditure is kept to an amount you can afford.
Gambling Telephone Counselling
You can ring the Gambling Help Line for a free 24 hour anonymous counselling referral service.
ACT: (02) 6247 0655
New South Wales: 1800 633 635; TTY 1800 633 649
Northern Territory: 1800 629 683
Queensland: 1800 222 050
South Australia: 1800 060 757
Tasmania: 1800 000 973; TTY 1800 000 974
Victoria: 1800 156 789
Western Australia: 1800 622 112