Terms of Service

Tom Waterhouse Punting Pty Ltd Terms of Service

Tom Waterhouse Punting Pty Limited ACN 625 660 648 (“Tom Waterhouse”, “we”, “us” and “our”) owns and operates this website, Tomwaterhouse.com (the “Website”) and our related mobile or software application (“App”). Your use of the Website and App (collectively “Tomwaterhouse.com”) and the services provided via Tomwaterhouse.com (collectively the Services) is governed by these terms and conditions (Terms).  By using the Website or App, you are deemed to have read, understood and accepted these Terms.  A member (“member”) is a person who creates an account with tomwaterhouse.com or installs the mobile application on Android or iOS. Betting Agency (“Betting Agency”) refers to Australian wagering operators. If you do not agree to these Terms, you must cease accessing and using our Website and App immediately.

Overview

  1. The Services accessed via Tomwaterhouse.com are as follows:
    1. Tipping service subscriptions: Ongoing horse racing bet recommendations.
    2. Tips on demand: One-off horse racing bet recommendations.
    3. Odds comparison: Comparison of external Betting Agency prices and odds.
    4. Bet execution via API directed to the Betting Agency (no bets are received directly by us).
  2. The Services are not a bookmaking and wagering service; no bets are received.
  3. TomWaterhouse.com does not give financial advice.
  4. By using our Services, you confirm that you are over the age of 18 and agree to be bound by these Terms.
  5. Whilst Tom Waterhouse believes in our form, this is not a guarantee. Members should be aware that betting is a form of gambling which is risky and members can lose their entire bet. Tom Waterhouse is not responsible for members’ losses and will not provide refunds in respect of gambling monies lost.
  6. TomWaterhouse.com does not provide any assurances or guarantees that any of the horses, races and events which have been the subject of tips by TomWaterhouse.com have not been cancelled, postponed or otherwise varied. In the event that any such horse or event is cancelled, postponed or varied TomWaterhouse.com accepts no responsibility.
  7. With the exception of consumer guarantees which cannot be excluded by law and the “Subscription Money Back Guarantees” (see below), your subscription is non-refundable.
  8. Tom Waterhouse is an advocate of responsible gambling. Tom Waterhouse wants you to be in control of your gambling at all times and not allow your gambling to control you. You should ensure that, when making a decision to follow Tom Waterhouse’s tips, you do so in a controlled manner, with the key principle to only gamble what you can afford to lose.

Amendments

  1. From time to time, we may amend these Terms, including the terms and conditions of our subscription service. Where amendments are material, reasonable notice of the amendments will be provided by publication on the Website before the amendments take effect. By continuing to use our Services after the amendments take effect, you agree to be bound by the Terms as amended. If, at any time, you do not agree to these Terms, you should cease use of our Services and terminate your subscription.

Subscriptions

  1. Tomwaterhouse.com offers a range of subscription packages. To become a subscriber, you must:
    1. be at least 18 years of age;
    2. create an account and become a member. You are responsible for maintaining the confidentiality and security of your account and password. If you do not notify us that the security of your password has been compromised, we will be entitled to assume that all activity connected to your account is conducted by you; and
    3. select a subscription package and pay a subscription fee, if any, in advance (in accordance with the terms and conditions of your subscription package).
  2. Payment for subscriptions may be made by Visa, MasterCard or American Express debit or credit cards. We will cancel your subscription if the subscription fee is not paid in advance.
  3. You expressly authorise us to automatically charge your credit or debit card for each subscription payment.
  4. We reserve the right to review and alter our subscription fees. We will provide you with reasonable notice of any changes to subscription fees before the changes take effect.
  5. You are required to notify us if you wish to make changes to your subscription, such as changing your contact details or payment details. You can notify us by logging into your account via the www.tomwaterhouse.com website or the mobile application.
  6. By becoming a subscriber, you acknowledge and agree that:
    1. the tips you receive are confidential and proprietary in nature and, to this end, must not, under any circumstances, be forwarded on or otherwise communicated in any form to any person without our prior written consent;
    2. all other information you receive in relation to your subscription and membership is also confidential and must not be disclosed unless expressly authorised by us or required by law; and
    3. all intellectual property contained in the information you receive in connection with your subscription and membership belongs to and is exclusively owned by us (or our licensors).
  7. By becoming a subscriber, you also consent to receiving information and links to third party websites. TomWaterhouse.com may link to affiliate programs, and may earn affiliate income in the form of sales commissions, marketing fees, royalties, rebates, and points from links you click on. You agree that we do not guarantee the suitability, quality, price, functionality, or safety of any products or services offered by affiliates.
  8. Tips will ordinarily be provided by the day/time indicated on Tomwaterhouse.com.
  9. From time to time, in the course of events or activities associated with your membership, we may take photographs and/or video footage in which you may be identifiable. You agree that any material obtained may be used in any of our advertisements, materials or merchandise without any compensation to you.
  10. TomWaterhouse.com only accepts payments in AUD$. If you are paying for subscriptions in a currency other than AUD$, members must ensure that the amount is sufficient following conversion into AUD$ by the receiving bank. Any applicable refunds will be paid in AUD$. We accept no foreign exchange risk.
  11. Refunds will be made using the original payment method used for each subscription payment.

Subscription Money Back Guarantee on the Gold Package

  1. ‘Gold Package’ subscribers will be refunded a month’s subscription cost if there is a “negative return” in respect of their first 28 days of being a member. For clarity, this only applies for the first 28 days that someone is a Gold member and, to be eligible to receive a subscription fee refund, you have to be a paying Gold member for the full 28 days in question. In such event, funds will be automatically refunded into all eligible Gold members’ accounts (see 24).
  2. “Negative return” in respect of a month will be determined by the aggregate of the stake of bets won multiplied by the best price offered by Australian wagering operators after the tips have been sent to members, minus the stake of all bets during that month.
  3. All refunds will be processed within 7 days of the expiry of a member’s 28 day period (see 21).
  4. Members with more than one outstanding subscription payment will not be entitled to receive a refund for any of their payments over that month.

Subscription Cancellations

  1. You may cancel your subscription at by:
    1. Logging into your account via the www.tomwaterhouse.com website, clicking “Dashboard’’, locating the subscription you want to cancel in your list of subscriptions and clicking the ‘manage subscription’ icon. Follow the prompts and click ‘Cancel Subscription’ to confirm you want to cancel your subscription.
    2. For plans purchased in-app via iOS or iTunes: In your iTunes Account settings, click to manage your subscription, locate the subscription you want to cancel and select to turn off auto-renew at least 24 hours before your current subscription ends.
  1. We may cancel your subscription at any time if we suspect, on reasonable grounds, that you are in breach of any of these Terms.

Competitions and Promotions

  1. For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In the case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Your Feedback

  1. We appreciate hearing from you. Please be aware that, by providing your feedback to our tipping services, whether it be via email, posting via any public forum or otherwise (including any reviews, questions, photographs or videos, comments, suggestions, ideas or the like) you grant Tom Waterhouse a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to:
    1. host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display your feedback throughout the world in any media, now known or hereafter devised;
    2. make your feedback available to the rest of the world; and
    3. use the name that you submit in connection with such feedback.

Betting functionality

  1. In order to utilise the App, you will be required to nominate your Betting Agency (as displayed on the App) and enter your Betting Agency’s login details to utilise the App. These details are encrypted and stored against your account.
  2. Upon logging into the Betting Agency through the App, a Session ID is generated by that Betting Agency. This Session ID will be referred to when you place your wagers with that Betting Agency via the BetMakers servers.
  3. The App does not make any representations or warranties in relation to wagers which you place with Betting Agencies for any errors or delays that may occur in data transmission or that the information will be uninterrupted or timely, for example a request or submission that has ‘timed out’.
  4. Whilst this App provides information and odds from Betting Agencies in good faith, we are not an agent of a Betting Agency and cannot be held responsible for any errors or omissions on the App, as the App is entirely reliant on the accuracy of information from third party sources, namely the Betting Agencies.
  5. The responsibility lies with you as the end user to ensure that you are satisfied that the odds you have selected and the value of the wager are correct.

Privacy

  1. The personal information that you provide to us when creating an account and signing-up for a subscription will be used for the purpose of managing your subscription, including sending you notices about your subscription and making payments, as well as notifying you about our other products and services (and those of our affiliates) which may be of interest to you. Your personal information will be handled in accordance with our Privacy Policy. Information about how you may access or correct your personal information or make a privacy-related complaint is detailed in our Privacy Policy.

Unacceptable activity

  1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Services, including but not limited to:
    1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
    2. using the Services to defame or libel us, our employees or other individuals;
    3. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
    4. posting or transmitting to Tomwaterhouse.com any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, likely to incite violence, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
  2. If we allow you to post any information to Tomwaterhouse.com, we have the right to take down this information at our sole discretion and without notice.

Intellectual property rights

  1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in Tomwaterhouse.com and in all of the material (including all text, graphics, logos, audio and software) made available on Tomwaterhouse.com (Content).
  2. Your use of Tomwaterhouse.com and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to Tomwaterhouse.com or the Content. However we do grant you a licence to access Tomwaterhouse.com and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
  3. Any reproduction or redistribution of Tomwaterhouse.com or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location and publication, reproduction or distribution of the Content is expressly prohibited.

Security of Information

  1. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. You acknowledge sole responsibility for, and assume all risk arising from, your use of Tomwaterhouse.com.

Waiver

  1. If we fail to exercise or delay in exercising any right, power or remedy, we do not waive the right, power or remedy.
  2. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that breach or subsequent or similar breaches.

Invalidity

  1. If any part of these Terms is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed to have not been included in the Terms in that jurisdiction. This will not affect the remaining provisions.

Jurisdiction and governing law

  1. Your use of Tomwaterhouse.com, our Services and these Terms is governed by the laws in force in New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Last Updated: 20th February 2021