Terms and Conditions

  1. GENERAL

    Twonix Pty Ltd (referred to as "we", "us", "our") is the owner of this website (“TotePro”, "Site"). By accessing or using this Site, whether as a "visitor" (where you browse through the Site without being registered) or as a "member" (where you have registered to be a member of the Site), you agree to be bound by these terms and conditions ("Terms and Conditions") and all applicable laws and regulations that govern this Site, the content of this Site and the activities undertaken on or through this Site. These Terms and Conditions are also governed by: (a) our Privacy Policy which is expressly incorporated into these Terms and Conditions by this reference; and (b) any guidelines, rules or disclaimers that may be posted and updated on the Site (or any part thereof) from time to time or on notices that we send to you. Your right to access this Site is granted at our sole discretion. We reserve the right to revoke or limit your access to this Site at any time without providing prior notice or reasons to you. We accept no responsibility for any damage or loss that may be caused to you or any third party as a result of us exercising this right.
    These Terms and Conditions are subject to change without notice and it is the responsibility of any person seeking to rely on them to ensure they are making reference to the most recent Terms and Conditions.

  2. REPRESENTATIONS AND WARRANTIES

    You represent, warrant and agree that:

    1. you are at least 18 years old
    2. you are responsible for all your account activities on the Site
    3. you fully understand the methods, rules and procedures of the Site and internet wagering in general
    4. you understand that it is your responsibility to ensure the details of bets that you place are correct
    5. you are fully aware that there is a real risk of losing money when wagering by means of the Site, you are fully responsible for any such loss, and your use of the Site is at your sole option, discretion and risk
    6. you accept that this site uses algorithms, to calculate optimum bets, that are not necessarily accurate and are simply an opinion by us as to the optimum way to bet and that such algorithms may suggest to you to bet large amounts and that you accept that any such bet is your decision; and
    7. you shall use the Software in accordance with the terms and conditions of the Site, as amended from time to time.
  3. ACCOUNTS

    The site bets into your linked betting accounts. You are responsible for all activities on your betting accounts.

  4. INTELLECTUAL PROPERTY RIGHTS

    You acknowledge that all Intellectual Property Rights embodied in the Site are, and will remain, the sole property of Twonix Pty Ltd. You will not

    1. in any way question or dispute the ownership by Twonix of any such rights
    2. remove, obscure or alter any proprietary marks or notices on the Site or
    3. use any of the Intellectual Property Rights in the Site
    4. modify, reverse engineer, decompile, transfer, dissemble or create a source code equivalent of the Software, nor allow any other person to do any of these things
  5. LIMITATION OF LIABILITY
    1. You agree that:
      1. you use the Site at your own risk and that there are necessarily risks inherent with this type of Site and internet wagering; and
      2. it is your responsibility to understand and verify the effect of the functions/features you use within the Site
      3. and that you will not claim against Twonix, and Twonix will not be liable to compensate you if anything goes wrong with the Site or as a result of its use, or if the functions/features do not operate as you expect, even if you or others suffer any kind of loss or damage (unless, and to the extent that, your right to do so cannot be excluded by legislation), or for anything that happens in relation to the Site or any of the functions/features.
    2. To the fullest extent permitted by Law, Twonix excludes liability for problems and technical malfunctions of telephone networks or lines, computer on-line systems, software, servers and other computer equipment as well as for traffic congestion on the internet or any website, unauthorised intervention and all combinations thereof, including injury or damage to your or any other person's computer related or resulting from using the Site.
    3. You agree to indemnify us, our officers, employees, shareholders, agents and other persons (including without limitation, licensors, affiliates, parent companies and subsidiaries) involved in the creation of this Site from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Site, any information that you provide to us via this Site or any damage that you may cause to this Site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).
  6. PRIVACY

    Twonix may collect, use and disclose your personal information in accordance with the Privacy Act and Twonix’s Privacy Policy on this Site.

    Twonix will collect your personal information for the purpose of operating the Site and facilitating the placing of bets on your betting accounts. You consent to the transfer and disclosure by Twonix of any information about you, including sensitive information, to betting organisations in any jurisdiction within or outside Australia for the purpose of conducting the betting facilities and related programs including but not limited to self-exclusion programs and other gambling management programs. Twonix will comply with its privacy obligations including those set out in its Privacy Policy, which can be found on the Site.

  7. COOKIES

    We may use cookies to gather data in relation to this Site and you consent to us doing so (although you may be able to disable cookies on your web browser).

  8. SECURE DATA

    Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this Site at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the Site, please contact us immediately through the "Contact" page on the Site. When you sign up or register to become a member of the Site, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not use the account, username, email address or password of another member at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account.

  9. VIRUSES

    Given the nature of the internet, we cannot guarantee that this Site is free from viruses, faults or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this Site will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this Site, and to the maximum extent permitted by law; we disclaim all liability for any errors, omissions and faults. You must take your own precautions to ensure that the process which you use for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website.

  10. SEVERABILITY

    If any provision in these Terms and Conditions is held invalid or unenforceable under an applicable law, the remaining provisions shall continue in full force and effect.

  11. GOVERNING LAW

    These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably submit to the non-exclusive jurisdiction of the courts of that State. In the event that any of the Terms and Conditions is found to be invalid, voidable or unenforceable under any court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions, which will continue in full force and effect. If you access this Site in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of this Site complies with the laws of any country outside Australia.