Terms and Conditions

Carefully read our Terms and Conditions then use the buttons at the bottom of the document to indicate your
Acceptance or Rejection of our Terms and Conditions.

 

BettorData Terms And Conditions
(Version 1.00 Effective 1st December 2015)


 

The applicant acknowledges the following:
 

All data and software provided by the provider is supplied under license only with all rights reserved by the respective intellectual property rights holders, and that no data, software or other information will be disclosed to any third party without express written permission.
 

No data or derivative data will be stored, rebroadcast, published, on-sold, or used for any purpose other than immediate analysis and/or display on a single computer. This also applies to temporary files stored by software provided which are copyright and subject to these same conditions. In the case of historic information which may be provided as a separate product, you agree to comply with the terms of use of that product before using that data.
 

Access to, and viewing of, information feeds is only permitted to fully paid up subscribers and rights to use the information may be revoked at any time (with pro-rata refund) without warning should one of the respective intellectual property rights holders or BettorData ("The Provider") deem it necessary.
 

The Provider and/or its sources reserve the right to seed the data with slightly modified, non-critical information in the course of any investigation of piracy of information.
 

On termination or expiry of a subscription period, the applicant may either re-subscribe to the service, or destroy all copies of software and data held that were supplied by The Provider.
 

These terms and conditions are subject to change and such changes will be published on the Bettordata.com website in the form of a new version of this application form. Current terms and conditions should be reviewed at each renewal point.
 

Privacy of Your Information.

All payments are made with the eWAY® online payment system for your security. Your credit card details are entered on the eWAY secure server and never presented to BettorData, only the result of the transaction is presented to us and recorded on our server.

 

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this is the address where you will be using BettorData

 
Thank you for confirming your service address.
Please accept the following service terms.
  1. These are the terms of the subscription agreement between you and Live Datacast Pty Limited trading as "BettorData" (ACN 125 563 822) (BettorData) for the subscription and supply of certain data relating to thoroughbred, harness or greyhound races, encoded by BettorData (Data). 

    Limited right to access the Data

  2. Subject to clause 5, during the term of this agreement, you have a non-exclusive right to receive the Data from BettorData in an encoded feed, accessed via the internet, and to decode Data using a Decoder.

  3. BettorData does not supply any Decoder under this agreement (but may do so under another agreement with you). This agreement is not conditional upon you acquiring a Decoder from BettorData or any person. However, you acknowledge that you will not be able to decode the Data unless you have access to a Decoder.

  4. Unless otherwise agreed to by BettorData, BettorData is not responsible or liable for the Decoder that you may acquire from another person. You are responsible for ensuring that the Decoder meets the relevant specifications and is able to decode the Data. 

    Condition precedent

  5. Your right to receive the Data does not arise unless and until all of the relevant Source Providers have given their approvals for BettorData to supply the Data to you. BettorData will notify you when the approvals have been given. If the Source Providers does not give their approval, then BettorData may cancel this agreement without liability to you.

  6. You hereby consent to the disclosure of this agreement and your details by BettorData to its Source Providers

    Restrictions and conditions of access

  7. You may only access and use the Data supplied by BettorData for personal self-entertainment purposes and not for any business or commercial purpose. In particular, you must not:

    • create or produce any Enhanced Data or feeds of the Data;

    • copy or reproduce any part of the Data;

    • disclose, communicate or Supply the Data or any Enhanced Data to any person; or

    • sell, sublicense or transfer your subscription or this agreement to any person.

  8. You warrant that you are not a Wagering Operator, Wagering Operator Associate or an operator of a Casino Website. This agreement (and your subscription to the Data) terminates automatically if you become any of them. 

    Security

  9. You must treat the Data as confidential information of BettorData, and must take all necessary steps to protect the Data from unauthorised access or use. You must immediately notify BettorData if you are aware or suspect that the Data is used not in accordance with this agreement. 

    Technical matters

  10. You are responsible for having all the necessary and compatible software, hardware and telecommunications services to receive and decode the Data.

  11. BettorData will use reasonable endeavours to make the Data available for access. However, BettorData does not warrant that the Data or its access will be uninterrupted, error free or accessible when required. BettorData may suspend your access of the Data from time to time (including where BettorData is required to do so by law or by the Source Providers). 

    Intellectual Property

  12. You acknowledge that the Data contains copyright materials of BettorData and the Source Providers. All intellectual property rights in the Data remain at all times with the relevant owners. You do not acquire any rights or interests in the Data.

  13. You must not amend or remove any copyright notice or disclaimers from the Data. 

    Termination

  14. You can cancel your subscription at any time by notice to BettorData.

  15. BettorData may terminate this agreement by notice to you if you commit a breach of this agreement or become insolvent, or if, in the reasonable opinion of BettorData, you no longer have access to a Decoder. 

    Liability

  16. The Data is aggregated from various sources which are outside the control of BettorData. To the extent permitted by law, BettorData does not give any, and excludes all, representations, warranties, terms, conditions, undertakings and consumer guarantees in respect of the Data or its supply, including without limitation as to the accuracy or timeliness of the Data or that the Data is suitable for any particular purpose or will achieve a particular outcome.

  17. To the extent permitted by law, none of BettorData and the Source Providers is liable to you for any damages arising from or in connection with the Data or its supply or access (whether direct or indirect, or consequential, punitive or exemplary, even if BettorData has been advised of the possibility of such damages).

  18. To the extent permitted by law, you must indemnify BettorData from and against any claim brought against BettorData by any one in connection with this agreement, or your use of or access to the Data, except where the claim is caused by BettorData’s wilful misconduct. 

    Mandatory variations

  19. The availability of Data depends upon permissions and services from the Source Providers. BettorData may from time to time vary the terms of this agreement by giving you reasonable notice of the variation. If the proposed variation materially alters the terms of this agreement and you do not accept the variation, then you may terminate this agreement by notice to BettorData at any time prior to the expiry of the notice. On expiry of the notice, you are deemed to have accepted the variation set out in the notice. 

    General

  20. If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of this agreement remains in force.

  21. This agreement is governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

  22. All notices must be in writing. A notice will be taken to be given to you if it is sent to any address which you have provided to BettorData. 

    Definitions

  23. "Casino Website" means any website that: (a) provides online facilities for users to play, via the website, games usually played in or commonly associated with casinos; (b) provides information to users in relation to casinos generally, or one or more casinos in particular; (c) encourages users to visit casinos generally, or one or more casinos in particular, in person; or (d) encourages, whether by providing hyperlinks or otherwise, users to visit any website that does one or more of the above.

  24. "Decoder" means a software or hardware decoding device, or a network terminating unit that complies with the technical specifications specified by BettorData from time to time, which can be used to decode the Data.

  25. "Enhanced Data" means anything derived in whole or in part from the Data, including by manipulating the data, or its layout or presentation.

  26. "Source Provider" means a supplier of the data which is encompassed in the Data, including without limitation Racing Information Services Australia Pty Limited, Tabcorp Holdings Limited and TAB Limited.

  27. "Supply" means to provide, distribute or publish, either directly or indirectly, whether in hard copy or electronically or by granting access via a website or otherwise.

  28. "Wagering Operator" means a person who, from time to time, offers and/or supplies any wagering or betting activities to any other person, including totalisator operators, bookmaker and the operator of a betting exchange.

  29. "Wagering Operator Associate" means a person who is supplying, directly or indirectly, any type of data relating to thoroughbred, harness or greyhound races to a Wagering Operator, whether or not that person is employed by or contracted to that Wagering Operator;

  30. "You" means the customer whose details appear on the Application Form

  31. Once you have read and understood the above, please click on the "I Agree" button below to acknowledge that you agree to abide by all terms and conditions in this document.