Terms and Conditions

1 About

1.1 Turn It Off Pty Ltd (ABN 95 647 396 834) and any related entities (together the Company) provides its members, users of this website (the Website) and any other persons interacting with the Company with a range of products and/or services (the Products and Services). Full details of the Products and Services offered may be obtained from the Company by request.

2 Disclaimer

2.1 The Company does not advocate gambling or gambling related products (which may form part of or be related to the Website, Products and/or Services the subject of these Terms) as a substitute for your income. There may be risks associated with exposure to betting, punting, gambling, wagering, contingent outcome or other chance-based website, software or applications and the user assumes all risks and releases and indemnifies Company against any or all such risks and any related liabilities, costs, expenses, penalties or fines.

2.2 By agreeing to these terms and conditions you represent, warrant and undertake to the Company that you are intentionally and knowingly accessing the Website, using the Products and Services and/or purchasing the Products and Services for your own personal use only.

2.3 Any of the Products and Services accessed or purchased via the Website or otherwise from the Company must be used in accordance with the Company’s directions. At no time will the Company be responsible for any loss or damage caused to you or any third party, either directly or indirectly, as a consequence of your use of the Products and Services or failure to follow the Company’s directions.

2.4 The Company recommends that the Products and Services only be used by you in accordance with the instructions and directions provided. By accessing or purchasing the Products and Services, you unconditionally and irrevocably release the Company and its Representatives to the maximum extent permissible at law from any direct or indirect loss or damage arising from or in any way related to the Products and/or Services or your use of the Products and/or Services.

2.5 You represent and warrant to the Company that you are the ultimate and sole end-user and that you are not purchasing the Products and Services for the purposes of reselling and will not on-sell the Products and Services. The Company shall be entitled to bring your access to the Products and Services to an immediate end upon breach of this clause.

2.6 To the extent that any person accessing the Website, or using the Company’s Products or Services, accesses or utilizes any website, software, application or similar of any other parties (beyond the Company), they are obliged to ensure that their access and use is lawful and complies with the applicable terms and conditions.

3 Acceptance

3.1 You accept these terms and conditions (the Terms) by registering for the Products and Services, making payment to the Company, accessing or browsing the Website, creating an account or otherwise continuing to interact with the Company and its Representatives. By using, browsing, signing up to and/or making payment through the Website, you represent to the Company that you have read, understood and agree to be bound by the Terms (as varied from time to time). If you do not agree with the Terms, you must cease use of the Website, the Products and/or the Services immediately and must notify the Company by email to contact@thesystem.com.au.

3.2 You may not access or browse the Website, use the Products and Services or purchase any Products or Services and may not accept these Terms if: (a) you are not of legal age to form a binding contract with the Company; (b) you are not of legal age to purchase the Products and Services; (c) you are not of legal age to wager, punt, bet or gamble using online service providers; (d) you are subject to any legal obligations or restrictions which makes your access of the Website or use of the Products and Services unlawful; (e) you access the Website or use the Products and Services for any illegal or illicit purposes.

3.3 You acknowledge and understand that the Company does not provide any tax, legal, accounting or other specialist, professional or technical advice.

3.4 The Company reserves the right to review and change any of the Terms at its sole discretion by updating this page. When the Company updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms take immediate effect from the date of their publication on the Website. If you choose not to accept any changes to the Terms, you must notify the Company at contact@thesystem.com.au and your sole recourse will be to stop using the Products and Services.

4 Account Set Up

4.1 To access certain Products and Services and parts of the Website, you may be required to register for an account with the Company (the Account). You may apply to register for an Account via the Website.

4.2 As part of the registration process and your continued use of the Products and Services, you will be required to provide personal information (such as identification, contact details, payment details and other personal information).

4.3 You represent, warrant and undertake that any information you provide to the Company at any time will always be accurate, correct and up to date.

4.4 You understand that by supplying the Company with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from the Company to keep you informed about the Company’s activities. If you do not wish to receive updates from the Company, you may contact the Company at contact@thesystem.com.au.

4.5 The Company will hold any information provided in relation to the Products and Services in accordance with the Privacy Policy available on the Website at https://www.thesystemaus.com.au/privacy

5 Identify Verification

5.1 You acknowledge and agree that due to the nature of some of the Products and Services offered, the Company may be required to verify your identity to ensure that you are not using the Products and Services or accessing the Website in an illegal or unlawful manner, or otherwise in a manner that does not comply with these Terms.

5.2 You warrant that where the Company advises you in writing that it requires further verification of your identity, you will comply with this request within seven (7) days of receipt of same.

5.3 You warrant that any information that you provide pursuant to a request by the Company will be true and correct to the best of your knowledge and belief and failure to comply with this clause will warrant an immediate termination of the provision of Products and Services to you, suspension or termination of your access to the Website and may result in the imposition of other penalties as prescribed by these Terms.

6 Payment

6.1 In using this Website to purchase any Products and Services from the Company, you agree to pay the applicable purchase price (the Purchase Price) at the time of placing the order.

6.2 Payment of the Purchase Price may be made through a third-party payment provider as specified on the Website (the Payment Gateway). In using the Products and Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions, privacy policy and other relevant legal documentation required by the Payment Gateway, prior to you using the Payment Gateway services. You irrevocably and unconditionally release the Company from any loss, costs, liability, fees or other amounts you incur or must pay as a result of your use of the Payment Gateway.

6.3 The Website and your registration for an Account constitutes an invitation to treat. Your request for Products or Services is an offer, which can be accepted or declined by the Company at any time at its complete discretion.

6.4 In consideration for the Company agreeing to provide Products or Services to you or allowing you to access the Website, you agree and acknowledge that: (a) unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are inclusive of any applicable GST unless otherwise specified; (b) the Company may receive a commission from third parties in relation to provision of the Products or Services to you or your access of the Website; (c) you shall remain solely responsible for assessing the implications and risks of using the Services and Products or accessing the Website; (d) the Company retains the right to change prices of the Products and Services or access to the Website at any time. The prices for the Products and Services at the point of payment via the Payment Gateway is fixed and final; (e) the Company is not obligated to honour any previous or existing prices listed on the Website or quoted by a Company’s Representative; and (f) these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.

6.5 You acknowledge that the Company has entered into these Terms and allowed you to access the Website in reliance on the acknowledgements, representations, undertakings, indemnities and warranties given by you pursuant to these Terms.

7 Non-Payment

7.1 In the event you elect to pay the Company fees or any other amounts owing by you to the Company from time to time by way of direct debit and/or credit card and there is a chargeback by your credit provider, the Company may suspend or terminate its provision of Products and Services to you immediately or your access to the Website. You will be charged the Company’s administration fee prevailing at the time which may be specified on the Website plus any applicable GST (Administration Fee), and you agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after thirty (30) days from the date of the tax invoice (if applicable) or the amounts becoming due. Upon payment of the Administration Fee and Interest, the Company may reinstate your access to the Products, Services and/or the Website (as the case may be).

7.2 The Company reserves the right to terminate or suspend your access to the Services, and Products and/or the Website in the event that you fail to pay any amount owing by you to the Company, including in respect of the Products, Services or the Website, or any invoice sent by the Company to you from time to time.

8 Cancellation

8.1 Any subscription fee applicable to the Services and Products provided by the Company to you or your access to the Website will be charged using the Payment Method on the specific payment date indicated on the “Account Settings” page of the Website. The length of your subscription cycle will depend on the subscription that you choose when you sign up. In some cases, your payment date may change, for example when you change your subscription or if your subscription began on a day not contained in a given month.

8.2 You can cancel your subscription at any time, and you will continue to have access to the Website and applicable Services and Products through to the end of your subscription cycle. To cancel, go to the “Account Settings” page and manage your subscription. From there, follow the instructions for cancellation. If you cancel your subscription, your access to the Website and applicable Services and Products will automatically cease and the end of the subscription cycle.

9 Refund Policy

9.1 This clause 9 will only apply to users of the Website and/or members if confirmed in writing by the Company when establishing or registering an Account.

9.2 To the maximum extent permissible at law, subscription payments, fees and any other amounts paid by you to the Company (together the Payments) are non-refundable and the Company does not provide refunds or credits for any partial subscription periods or unused Services or Products.

9.3 If, for whatever reason, you are unsatisfied with any Products or the Services or you access to the Website, please contact the Company outlining the basis of your dissatisfaction and the reasons why you believe the Company should exercise its discretion to grant a refund of any Payments.

9.4 Any refunds granted will be at the Company’s absolute discretion (acting reasonably) and will be subject to an administration and processing fee of $39.99 (which may change from time to time). This may be further communicated to you prior to the refund being processed.

9.5 Any refunds granted pursuant to the ‘Refund Guarantee’ will be at the Company’s absolute discretion (acting reasonably).

9.6 If, for whatever reason, your accounts are promotionally banned or bookmakers no longer offer promotional markets, any refunds issued will be at the Company’s absolute discretion (acting reasonably).

9.7 If, in accordance with our ‘Refund Guarantee’ policy, members may be eligible for a refund if official results are negative throughout their initial and first subscription period. The first and initial subscription period encompasses any free time granted in the event of enrolment under a promotional offer.

9.8 Members or users of the Website will be ineligible to receive a refund guarantee if they sign up utilising a discount promotional offer.

10 Warranty

10.1 The Company accepts that the Website, the Services and the Products may come with certain guarantees that cannot be excluded under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law). The Company otherwise provides no additional warranties or guarantees.

11 Copyright and Intellectual Property

11.1 The Website, the Services, the Products and all of the related tips, information, know-how, education, training and intelligence of the Company (together the Material as more comprehensively defined in the clause 27) are subject to copyright. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Material (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements and interactive features) (the Content) is owned or controlled for these purposes by the Company or its Representatives (as agents of the Company).

11.2 The Company retains all rights, title and interest (including copyrights, patents and trademarks and all other Intellectual Property rights of any variety) in the Material, the Content, the Website, the Products, the Services and all related content therein. Nothing you do will transfer any interest in the Material to you, other than the grant of the licence to you provided by clause 11.3 below.

11.3 Whilst using the Services and Products and accessing the Website in accordance with these Terms, the Company grants you a worldwide, nonexclusive, royalty-free, revocable licence to the Material and Content applicable to your subscription to download and print pages from the Website for your own personal use and to use the information, data and other know-how in the manner and for the purposes prescribed by these Terms.

11.4 Beyond clause 11.3, the Company does not grant you any other rights whatsoever in relation to the Material and/or the Content. All other rights are expressly reserved by the Company.

11.5 You may not, without the prior written consent of the Company and the permission of any other relevant rights owner: broadcast, republish, upload to a third party, transmit, post, distribute, show or display or publish in public, adapt or change in any way the Material or Content for any purpose, other than for the purposes expressly allowed by these Terms. This prohibition does not extend to the Material and Content which are freely available for re-use or are in the public domain.

12 Material and Content

12.1 You may read and copy the Material and Content for your own needs, but you may not publish, resell, distribute, further disseminate, reproduce or sub-licence it. The Company makes no guarantees, representations or warranties about the accuracy or correctness of any of the Material or Content.

12.2 Third Party Websites (a) The Company my work with a number of partners and affiliates from time to time, whose websites or mobile phone applications may be linked with or provided by the Company and are controlled by parties other than the Company (referred to as Third Party Content). (b) The Company is not responsible and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Content, any website accessed from a Third Party Content or any changes or updates to such sites. The Company makes no guarantees about the content or quality of any products or services provided by such sites. (c) By using any information, product, service, or functionality originating from the Services and Products or via the Website, you expressly authorize the Company to share information (including any private information or other information you have provided the Company) necessary to facilitate the provision of products, services or functionality to you by the third party.

13 The Company’s use of your material

13.1 By engaging the Company to provide the Services and the Products or accessing the Website, you acknowledge and agree that the Company is granted an irrevocable, perpetual, worldwide, royalty free right to use your trade mark, logo, photographs, testimonials, feedback or name for the purpose of promoting the Company, the Website, the Products, or the Services, now and in the future. This includes any promotion, testimonials, marketing or advertising by way of online, in print, in social media, in competitions, advertisements, books and magazines, design publications and any other self-promotional or demonstrative purpose.

14 Australian Consumer Law

14.1 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which may not be limited or excluded. (a) If you are not a Consumer (under the Australian Consumer Law), you agree that the Company has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website, the Products or the Services. (b) If you are a Consumer (under the Australian Consumer Law), the Company limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law. (c) Where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, the Company’s liability to you is limited to the resupply of the Products or the Services or payment of the cost of re-supplying the Products or the Services (at the Company’s discretion).

14.2 Subject to this clause and to the extent permitted by law: (a) the Company excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and (b) the Company will not be liable for any claims, causes of action, damage or expenses arising out of or in connection with the Website, the Products or the Services (including as a result of not being able to use or access the Website, the Services and/or the Products), whether at common law, in equity, pursuant to statute, or otherwise.

15 Limitation of liability

15.1 The Company’s total liability arising out of or in connection with the Services, the Products, the Website or otherwise in respect of these Terms, however arising, including at law, in equity, under statute, or otherwise, will not exceed the resupply of the Services or the Products to you.

15.2 You expressly understand and agree that the Company, its Representatives, third party content providers and licensors, will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to, any loss of profit, any loss of goodwill or business reputation and any other intangible loss.

15.3 You expressly understand and agree that the Company will not be liable to you for your use of the Product, the Services, the Website, or information provided to you through the Material, the Content, or otherwise.

16 Indemnity

16.1 You agree to indemnify the Company, its Representatives, contributors, third party content providers and licensors, from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with: (i) inaccurate or misleading information provided by you or your agent; (ii) any breach of the Terms; or (iii) any improper or alternative use of the Website, any Product or the Services; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or the Product of the Services or attempts to do so. 16.2 This indemnity will survive termination of the Terms.

17 Dispute Resolution

17.1 Compulsory: (a) If a dispute arises out of or relates to the Terms, neither party may commence, make or file any proceeding, claim or application with a court, tribunal, regulator or other authority in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

17.2 Notice: (a) A party to the Terms claiming a dispute (referred as to the Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

17.3 Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must: (a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by confidential and “without prejudice” negotiations or such other means upon which they may mutually agree; (b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Commercial Disputes Centre or his or her nominee and the mediation will be held in accordance with the Australian Commercial Disputes Centre’s Guidelines for Commercial Mediation; (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and (d) The mediation will be held in Melbourne, Australia.

17.4 Confidential: (a) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

17.5 Termination of Mediation: (a) If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

18 Termination

18.1 The Terms will continue to apply until the termination of this agreement by either party as set out below.

18.2 If you elect to terminate, you must: (a) provide at least thirty (30) days’ written notice to the Company; (b) make payment of all outstanding fees, charges, expenses and monies which are due and owing to the Company or any of its third party provides as set out in these Terms; and (c) close your accounts for all of the Services and Products which you use, where the Company has made this option available to you. Your written notice should be sent to the Company via the contact@thesystem.com.au.

18.3 The Company may at any time, terminate these Terms with you, without refund, if: (a) you have breached any provision of these Terms or evinced an intention to breach or repudiate any provision; (b) the Company is required to do so by law; (c) the partner, agent or affiliate, if any, with whom the Company offered the Services or Products to you has terminated its relationship with the Company or ceased to offer the Services or Products to you; (d) the Company no longer intents to provide the Services or the Products to members in the country in which you are resident or from which you access the Website, use the Services or request the Products; (e) the provision of the Services or Products to you by the Company (or its partners, agents or affiliates) is, in the reasonable opinion of the Company, no longer commercially viable; (f) if you have used the Website, the Services or the Products: (i) in breach of any law or in contravention of these Terns; (ii) in a way that is misleading or deceptive; (iii) in a way which is unreasonable as determined by the Company at its absolute discretion; or (iv) in a manner which can or does bring the Company or its Representatives into disrepute or could damage the Company’s reputation (or that of its Representatives) as determined by the Company at its absolute discretion.

18.4 Subject to local applicable laws, the Company reserves the right to discontinue or cancel your access to the Website, the Services and/or the Products at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website, the Products or the Services without notice if you breach (or evince an intention to breach) any provision of the Terms or any applicable law or if your conduct damages the Company’s name or reputation or violates the rights or those of another party.

18.5 Upon the termination of your relationship with the Company, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

19 Governing law and jurisdiction

19.1 The Website, the Services and the Products (as the case may be) offered by the Company are intended for residents of Australia. These Terms are governed by and are to be constructed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts situated in Melbourne, Australia in respect of all matters arising out of or relating to these Terms, the Website, the Products or the Services and their performance.

20 Notices

20.1 The Company may provide any notice to you under the Terms by sending a message to your email address. The notice provided by the Company to you by email shall be deemed to have been properly given on the date the Company sends the email, regardless of whether you have received the email.

20.2 Unless specified otherwise, any notices provided by you to the Company must be in writing and be delivered either in person, or via registered post to the Company’s registered office.

21 Severance

21.1 If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.

22 Waiver

22.1 A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it.

22.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

22.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.

23 Assignment

23.1 The Company may assign or transfer its rights or obligations under the Terms without your consent.

23.2 You may not assign or transfer your rights or obligations under the Terms without prior written consent of the Company. A purported assignment without written consent will be deemed to be void and convey no rights.

24 Confidentiality

24.1 Each member or person accessing the Website undertakes to the Company and agrees that they will: (a) treat as confidential and keep secret all Confidential Information which is disclosed to them by or on behalf of the Company or its Representatives; (b) not make use of any Confidential Information or Material, whether directly or indirectly, except for a purpose permitted by the Company consistent with these Terms; (c) take all reasonable precautions to preserve the secrecy and confidentiality of the Confidential Information and, in particular, take all reasonable action to prevent unauthorised persons from obtaining access to the Confidential Information by any direct or indirect means; (d) not publish or communicate or permit the publication or communication of any of the Confidential Information to any third party; (e) keep the existence of their negotiations and communications with the Company confidential and not make any public disclosure in relation to, or public comment on, the negotiations, discussions, interactions or any agreement or undertaking resulting from the negotiations; (f) keep all Confidential Information and any information based or derived from the Confidential Information, separate from all records and other documents of the member or user; and (g) not, other than as agreed to by the Company in writing, copy, reproduce, disclose or part with possession of any Material.

25 Injunctive relief

25.1 Each member or user accessing the Website acknowledges that damages are not a sufficient remedy for a breach of these Terms and that the Company is entitled to seek specific performance or other injunctive or equitable relief in respect of a breach or a threatened breach by a member or a person accessing the Website of these Terms.

25.2 Each member or person accessing the Website agrees and acknowledges that, in the event of a threatened or actual breach of these Terms by them, the Company will be entitled to seek an injunction restraining them, together with any of their agents, associates or affiliates from committing any breach or further breach of these Terms, without showing or providing any actual loss or damage sustained by the Company.

26 Other provisions

26.1 These terms shall operate as a deed poll given by the member, user of the Website or other person interacting with the Company in favour of the Company and its Representatives upon accessing the Website, using the Products and/or Services, or creating an Account.

26.2 Neither the Website, the Content or Material, or the Products and/or Services provided by the Company to any person shall be taken to constitute the giving of advice. The Website and any Products or Services provided by the Company and its Representatives to any person are for entertainment or leisure purposes only.

27 Definitions

27.1 In these Terms, the emboldened words shall be taken to have the corresponding meaning set-out below:

Confidential Information means all information, data, knowledge and intelligence provided by the Company to a member, user of the Website or person interacting with the Company at any time, however stored, and whether specified as confidential or not, including but not limited to, Intellectual Property, business activity information, financial information, product information, trade secrets, designs, drawings, specifications, know-how, techniques, source and object codes, plans and projections, training, educational materials, arrangements and agreements with third parties, technical information, customer information, formulae, lists, research and development information, concepts not reduced to material form, designs, processes, plans, models, and any information produced, based on or derived from such information, and includes the fact that the parties are in or have been a party to communications or negotiations, including the quantum, method and frequency of any fees payable by a person to the Company.

Intellectual Property means any intellectual, industrial or commercial property, or right of a proprietary nature including: (a) any patent, trade mark, service mark or design; (b) any copyright or work of authorship; (c) any utility model, eligible layout right or plant variety right; (d) any business, trade or commercial name or designation, brand name, internet website domain name, logo, symbol, source indication or origin appellation; (e) any confidential information (including Confidential Information as defined); (f) any other commercial or extractive right derived from intellectual knowledge, tips, intelligence or activity of any industrial, scientific, literary or artistic nature or description, whether relating to any manufactured or natural product or otherwise; (g) any legal action relating to any previous item; (h) any licence or other right to use or grant a member, or to become the registered proprietor or user of, any previous item; and (i) any document of title, letters patent, deed of grant or other document or agreement relating to any previous item, whether registered, unregistered, recorded, unrecorded, stored or incorporated in any medium of any nature or description.

Material means all communications, messages, conversations, discussions, agreements, deeds, memoranda, notes, tips, know-how, intelligence, computer records or other storage media, whether in person, face-to-face, virtual, electronic or otherwise containing any Confidential Information or Intellectual Property of whatever type relating to, prepared by or on behalf of, the Company.

Representative means an advisor, representative, employee, agent, financier, director or officer of a party.