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Terms Of Use

Tabcorp Holdings Limited ABN 66 063 780 709 (Tabcorp) and its related bodies corporate own and operate the following websites:

tabcorp.com.au

max.com.au

(the Website(s)). 

By accessing and/or using the Websites, you agree to these terms of use (Terms) and acknowledge our Privacy Policy available at tabcorp.com.au/privacy.

You should review our Privacy Policy and these Terms carefully and immediately cease using our Websites if you do not agree to these Terms. 

In these Terms ‘us’, ‘we’ and ‘our’ means Tabcorp Holdings Limited and our related bodies corporate. 

1. Accuracy of information 

We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up to date. 

2. Linked sites

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

The Website may also be linked to other websites operated by companies affiliated or connected with Tabcorp. When visiting other websites, you may need to refer to each such website’s individual terms and conditions of use.

We take no responsibility for third party advertisements which are posted on the website, nor do we take any responsibility for the goods or services provided by advertisers.

3. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Website and in all of the material (including all text, graphics, logos, audio and software) made available on or from the Website (Content). 

Your use of the Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Website or the Content. However, we do grant you a licence to access the Website and view the Content on the terms and conditions set out in this Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of the Website 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, location and publication, reproduction or distribution is expressly prohibited.

Further, you must not make use of any "Meta tags" or other "hidden text" that uses our name or trade mark or brand names without our written consent.

You may, using an industry-standard web browser, download and view the Content for your personal, non-commercial use only.

4. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

  • 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;
  • using the Website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to the Website 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, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;
  • submit any material of any kind which violates or infringes the rights of any other person including material which is protected by copyright, trade mark or any other proprietary right without first obtaining the permission of the owner or relevant right holder;
  • modify or delete any Content or add any content to the Website; or
  • attempt to gain unauthorised access to any part of the Website.

If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

5. Delays and viruses

We will not be liable for damage or loss resulting from any delay in operation or transmission, virus, harmful component, communications failure, internet access difficulties or malfunction in equipment or software, howsoever caused.

6. If Website is unavailable

We undertake to make all reasonable efforts to ensure that the Website is available to you, but we are not liable to you for, or in connection with:

  • failure of the Website to perform in whole or in part, any function which we have specified it will perform;
  • delays or errors in the execution of any transaction or instruction because of the communication network, ancillary equipment or any circumstance beyond our reasonable control.

7. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Website or Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to the Website or Content, or any feature of the Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

8. Liability 

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of the Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

9. Indemnity

Tabcorp Holdings Limited relies on your continued observance of these Terms. If we suffer any loss or damage or incur any costs in connection with any breach of these Terms or any other legal obligation then you agree to indemnify us for those losses, damages and costs.

10. Linking to the Website

You must not create a hyperlink to any page within the Website unless we give you prior written permission.

10. Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of Victoria, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

Last Updated 1 June 2022.