TAB Web Services Terms of Use - account customers

The TAB Web Services Terms of Use (Terms of Use) apply in relation to your use of any Digital API or similar electronic information feed (TAB Web Services) which is made available to you by Tabcorp Holdings Limited or any of its related bodies corporate (together, the Tabcorp Group). By applying for access to TAB Web Services, you agree and acknowledge for the benefit of the Tabcorp Group that you will comply with these Terms of Use.

Use of TAB Web Services for personal, non-commercial purposes only

You agree that your use of TAB Web Services and any information made available to you through use of TAB Web Services (TAB Data) will be for strictly personal, non-commercial purposes. In particular, you must not:

(a) sub-licence, distribute or otherwise make TAB Data available in any form whatsoever to third parties or allow third parties to access or use TAB Web Services and/or TAB Data;

(b) transcribe or relay TAB Data in any medium or reproduce or copy TAB Data, including electronic reproduction, except for your own personal, non-commercial use;

(c) store TAB Data other than temporary storage to the extent necessary for your own personal, non-commercial use;

(d) except for your own personal, non-commercial use, edit, modify, adapt, manipulate or change TAB Data, or create any derivative works from TAB Data;

(e) permit any other person to use or exploit TAB Data;

(f) enable any person to access TAB Web Services;

(g) provide your TAB Web Services access details to any person;

(h) use TAB Web Services in a manner that enables any third party to interact with any online service owned or operated by the Tabcorp Group; or

(i) use TAB Web Services in a way that results in excessive requests for information being placed with the Tabcorp Group’s systems or otherwise in a manner that is likely to slow down the operation of any data or information service owned or operated by the Tabcorp Group.

For the avoidance of doubt, these Terms of Use do not prohibit you from accessing TAB Web Services via a software application installed on your computer or mobile device, provided such software application does not enable any third party (including the developer of that software application) to access or use TAB Web Services or TAB Data.

Means of accessing TAB Web Services

When you apply for access to TAB Web Services, you are required to specify how you will access TAB Web Services. You agree that you will only access TAB Web Services via the means specified in your application.

Access at Tabcorp’s discretion

You acknowledge that your access to TAB Web Services and TAB Data is entirely at the discretion of the Tabcorp Group. The Tabcorp Group may refuse to grant you access to TAB Web Services, or suspend, modify or terminate your access to TAB Web Services for any reason whatsoever.
Without limiting the above, the Tabcorp Group expressly reserves the right to immediately terminate your access to TAB Web Services at any time if it decides, at its sole discretion, that you have breached these Terms of Use or you have engaged in conduct that the Tabcorp Group considers to be inappropriate or unacceptable.

No warranty

You acknowledge that, to the maximum extent permitted by law, the Tabcorp Group gives no warranties in relation to TAB Web Services or TAB Data. Without limitation, all warranties regarding access to TAB Web Services being uninterrupted or that TAB Web Services or TAB Data will be free from errors or omissions, malfunctions, bugs or failures are hereby excluded.

Limitation of liability

You acknowledge that, subject to the paragraph below, under no circumstances will the Tabcorp Group or any of its directors or employees be liable to you for any losses, damages, liabilities claims or expenses (whether direct, indirect or consequential) suffered or incurred by you as a result of your use of, or inability to use, TAB Web Services or TAB Data.
If the Competition and Consumer Act 2010 (Cth) or any other legislation implies a condition or warranty into these Terms of Use in respect of goods or services supplied by the Tabcorp Group and the Tabcorp Group’s liability for breach of that condition or warranty may not be excluded but may be limited, the previous paragraph does not apply to that liability and instead the Tabcorp Group’s liability for any breach of that condition or warranty is limited to in the case of a supply of goods, to the Tabcorp Group doing any one or more of the following (at its election):

• replacing the goods or supplying equivalent goods;
• repairing the goods;
• paying the cost of replacing the goods or of acquiring equivalent goods;
• paying the cost of having the goods repaired,

and in the case of a supply of services, the Tabcorp Group doing either or both of the following (at its election):

• supplying the services again;
• paying the cost of having the services supplied again.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.

Intellectual Property

You acknowledge and agree that:

• the Tabcorp Group or its third party licensors own all intellectual property rights in and to TAB Web Services and TAB Data;
• the Tabcorp Group or its third party licensors reserve all their rights under the Copyright Act 1968 (Cth);
• your permission to use TAB Data is restricted to personal and non-commercial use;
• you are not permitted to use TAB Data for commercial purposes or to do any act comprised in the intellectual property rights, except as expressly stated in these Terms of Use.

Copyright in Australian thoroughbred racing materials included in TAB Data is owned by the following parties:

Ⓒ 2012 Racing Information Services Australia (RISA) (and other parties working with it). Racing materials, including fields and form, is subject to copyright which is owned by RISA and other parties working with it.

Ⓒ 2012 Racing NSW (RNSW) (and other parties working with it). NSW racing materials, including fields and form, is subject to copyright which is owned by RNSW and other parties working with it.

Ⓒ 2012 Racing Victoria Limited (RVL) (and other parties working with it). VIC racing materials, including fields and form, is subject to copyright which is owned by RVL and other parties working with it.

Ⓒ 2012 Racing Queensland Limited (RQL) (and other parties working with it). QLD racing materials, including fields and form, is subject to copyright which is owned by RQL and other parties working with it.

Ⓒ 2012 Racing and Wagering Western Australia (RWWA) (and other parties working with it). WA racing materials, including fields and form, is subject to copyright which is owned by RWWA and other parties working with it.

Ⓒ 2012 Thoroughbred Racing SA (TRSA) (and other parties working with it). SA racing materials, including fields and form, is subject to copyright which is owned by TRSA and other parties working with it.

Ⓒ 2012 Tasracing Limited (TR) (and other parties working with it). TAS racing materials, including fields and form, is subject to copyright which is owned by TR and other parties working with it.

Ⓒ 2012 Thoroughbred Racing NT (TRNT) (and other parties working with it). NT racing materials, including fields and form, is subject to copyright which is owned by TRNT and other parties working with it.

Ⓒ 2012 Canberra Racing Club Inc (CRC) (and other parties working with it). ACT racing materials, including fields and form, is subject to copyright which is owned by CRC and other parties working with it.

The Australian thoroughbred racing materials are reproduced as part of TAB Data under a copyright licence from the copyright owners. Any unauthorised production, adaptation or communication of the Australian thoroughbred racing materials is strictly prohibited. All rights of the owners of copyright in the Australian thoroughbred racing materials are reserved.

Indemnity

You agree to indemnify the Tabcorp Group and its employees, agents, officers, directors, advisers and sub-contractors against any and all loss, liability, damages, costs and expenses suffered or incurred as a result of your contravention of these Terms of Use.

Changes to Terms of Use

The Tabcorp Group reserves the right to change, amend or add to these Terms of Use as it sees fit. The Tabcorp Group will notify you via email of any changes to these Terms of Use. By continuing to use TAB Web Services, you will be deemed to have accepted the changes to the Terms of Use.

Grant of equitable relief

You acknowledge that damages alone would not be an adequate remedy for the breach of any of the provisions of these Terms of Use.
Accordingly, without prejudice to any other rights and remedies it may have, the Tabcorp Group shall be entitled to seek equitable relief (including without limitation injunctive relief) concerning any breach of any of the provisions of these Terms of Use.

Governing law

These Terms of Use will be governed by and construed in accordance with the laws in force in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in Victoria in respect of any such dispute or matter arising from these Terms of Use.