1.  General

These Premium Customer Reporting Portal Terms of Use (Terms) apply to the Portal owned and operated by Tabcorp Holdings Limited (TAB) under the domain name premium.tab.com.au (the Portal).

By visiting the Portal you are bound by these Terms in addition to any other terms that are notified to you on the Portal, including:

• the TAB General Terms of Use;
• the TAB privacy policy (Privacy Policy); and
• any other policy as determined by TAB,

collectively constituting a legally binding agreement between you and TAB.

2.  Access and Use

The Portal is intended for use by high volume premium customers only (Users). The Portal is provided as a resource to Users to assist in the management of reporting of a Users’ betting activities over relevant periods (Permitted Purpose).  Unless you have the prior written permission of TAB, you must not:

       a) permit any other person to use or exploit the Portal; or
       b) create a hyperlink to any page within the Portal.

By using, accessing or reviewing the Portal, you warrant to TAB that you have the authority to enter into an agreement with TAB on these Terms and that you have considered and agree to be bound by these Terms, as may be modified from time to time.

Your password that you use to access the Portal must be kept secure by you. You must not disclose either to anyone.

TAB reserves the right to make changes to the Terms from time to time, and it is your responsibility to read these Terms each time you use the Portal to ensure that you are kept up to date. TAB will provide you with notification where TAB reasonably believes that any variation to these Terms will cause material detriment to you. If you do not agree to any of the Terms, please refrain from using the Portal. By continuing to use of the Portal, you accept the current Terms.

TAB does not guarantee, represent or warrant that your use of the Portal will be uninterrupted, secure or error-free.

3.   Access at TAB’s discretion

You acknowledge that your access to the Portal is entirely at the discretion of TAB.  TAB may refuse to grant you access to the Portal, or suspend, modify or terminate your access to the Portal for any reason whatsoever.

Without limiting the above, TAB expressly reserves the right to immediately terminate your access to the Portal at any time if it decides, at its sole discretion, that you have breached these Terms or you have engaged in conduct that TAB considers to be inappropriate or unacceptable.

4.  Intellectual Property Rights


All proprietary rights (including copyright, patent, trade mark, trade secrets (IP Rights)) in all Portal material (Portal Material) are owned by, or licensed to, TAB.

The Portal Material is protected by Australian and international intellectual property laws. The Portal Material is intended for the use and benefit of Users only and is to only be used for the Permitted Purpose.

TAB grants you a limited, personal, non-exclusive, revocable license to use and access the Portal Material solely for the Permitted Purpose, on the following terms:

       a) you must not remove any TAB copyright or other proprietary notice;
       b) where prior written permission is obtained from TAB to reproduce Portal Material, you must acknowledge that any such Portal Material is reproduced with the permission of “TAB” and identify the full name of the document (i.e. [title of document] © TAB. Reproduced with permission);
       c) you must not alter or modify any Portal Material in any way whatsoever without TAB’s prior written permission; and
       d) you must not, in relation to any Portal Material
               a. use it in a way that suggests that you are affiliated with, or endorsed by, TAB; and
               b. distribute it in any way to third parties without TAB’s prior written permission.Any other use of Portal Material (other than directly in relation to the Permitted Purpose) is expressly prohibited without prior written permission from TAB.

5.  Using the Portal
Unless TAB expressly agrees with you otherwise in writing, the Portal and all its content is provided solely to Users for the Permitted Purpose. You must not use the Portal to post, transmit, link, upload or attempt to post, transmit, link or upload any content, materials or information which:

       a) disrupts or interferes with any person or entity, or prevents any person or entity from accessing, using or enjoying the Portal;
       b) is offensive, obscene, unlawful, defamatory, harassing, threatening, menacing, discriminatory or otherwise inappropriate;
       c) infringes the IP Rights of any third party;
       d) collects, tracks or solicits the personal information of others;
       e) is intended to spam, phish, pharm, pretext, spider, crawl, or scrape any other person; or
       f) constitutes false or misleading information,
(collectively Acceptable Use Guidelines). Any breach of the Acceptable Use Guidelines may be grounds for suspension or termination of your access to the Portal. TAB may take any appropriate action in respect of that breach.

6.  Security and Privacy

TAB may collect, hold, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and TAB’s Privacy Policy which may be accessed here https://www.tabcorp.com.au/privacy-policy.

TAB has granted you access to the Portal and in doing so has issued you with a password that permits you to access various parts of the Portal as a User. You must protect the security of your password and ensure that it is not easy for others to guess. You must also protect the security of your email account used to register, as TAB may send password reminders to that account where TAB has been requested to do so via the Portal.

You are solely responsible for any use of the Portal through such access, whether authorised or not.

7.  Liability and Indemnity

The Portal Material does not constitute advice of any kind. While TAB will use its best efforts to ensure that the Portal Material, including the reporting information is accurate, the information provided on the Portal does not replace your statement of account which is the true record of your betting activity with TAB and our related parties.

TAB and our related parties (including but not limited to TAB’s contractors, subcontractors, service providers and licensors) are not liable, to the maximum extent possible under the applicable laws, for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence) or otherwise, arising from or out of your use of, or access to, the Portal or Portal Material, including, but not limited to, any errors or omissions in any content.

Nothing in these Terms limits, excludes, restricts, modifies or purports to limit, exclude, restrict or modify rights which you may have under the Australian Consumer Law. If you suffer any loss in connection with the Portal, you must take all reasonable steps to minimise your loss, including notifying TAB without delay if there are steps TAB can take to help minimise your loss.

You agree to indemnify TAB and its related parties in respect of any liability incurred by TAB for any loss, claim, damage (including all reasonable legal fees), howsoever caused, and suffered by TAB or its related parties due to, or arising out of, your breach of these Terms, or your use of the Portal, including but not limited to, any breach of IP rights in connection with the Portal.

8.  Miscellaneous

These Terms are effective unless and until terminated by either you or TAB. Your sole recourse if you wish to terminate these Terms is to cease using the Portal.

If the whole or any part of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms continue to have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

Any failure by TAB to exercise or enforce any right or provision in relation to these Terms does not constitute a waiver of such right or provision.

These Terms are governed by and construed in accordance with the laws of Victoria, Australia and both parties agree to the exclusive jurisdiction of the courts of Victoria.