Terms of Service

Effective date: May 18, 2020

1. Acceptance and use

By accessing and/or using the Services, Alerts and/or Platform, whether as a paying member, on a promotional or trial basis or otherwise, you agree to and accept these terms and the Responsible Gambling Information, Acknowledgements, Warranties & Disclaimers. You must review these terms carefully and you must immediately cease using the Services, Alerts and Platform if you do not agree to these terms. In these terms, ‘EA’ means Edge Alerter ABN 79 463 965 912 and ‘you’ means you personally.

2. Services & Fees

  1. EA agrees to provide the Services to you in consideration of you paying the Fee to EA or otherwise you participating in a trial or promotion, subject to the provisions of these terms.
  2. EA will deliver the Services to you at the time and in the manner determined by EA from time to time.
  3. EA is entitled to vary the Fees by providing you with written notice 7 days prior to the change being implemented.
  4. You must not share the Services, the Alerts or access to the Platform with anyone. You must not use a Service account other than your own.
  5. You authorise EA or third party providers to charge your credit card or other payment service weekly in advance for an amount equal to the Fees.
  6. Unless EA otherwise lets you know, the Services will not be provided to you unless you have paid all Fees presently outstanding.
  7. EA is permitted to use other persons to provide some or all of the Services.

3. Prohibited activities

  1. You must not reproduce, share, licence, distribute, re-transmit, upload, post, repost, disclose, adapt or offer any of the Alerts or any information provided via the Services to anyone.
  2. You must not reverse engineer, disassemble, modify, add to, delete, adapt, create derivative works, reproduce or duplicate any Alerts or information provided as part of the Services.
  3. You warrant that you do not operate and are not affiliated with any business or organisation that provides services similar to the Services.
  4. You agree you will not attempt to establish or establish any competitor to EA with respect to the Services, for the entire duration of these terms and for a period of twelve months after.

4. Intellectual Property

  1. Nothing in these terms transfers or grants to you any right, title or interest in or to the Intellectual Property.
  2. You acknowledge that all rights, title and interests in the Intellectual Property vests in EA and remains vested in EA absolutely.
  3. You must not reproduce, duplicate, share, license, distribute, re-transmit, upload, post, repost, disclose, adapt, reverse engineer, disassemble, modify, add to, create derivative works of the Services, Alerts and/or Platform, any information EA provides to you with respect to the Services, Alerts and/or Platform, including all Intellectual Property in the same.
  4. All rights, title and interests in the information and data EA generates or that you notify EA of, input into the Platform or that you generate with respect to your use of the Services, Platform or Alerts vests in and remains vested in EA absolutely, whether it is provided via the Platform or otherwise, and all Intellectual Property in that information and data also vests in and remains vested in EA absolutely.

5. Confidentiality

  1. You must keep the Confidential Information confidential, not deal with it in any way that may prejudice its confidentiality and not disclose it to anyone, including by derivation or adaptation, indirectly or directly.
  2. Your obligations in relation to the Confidential Information will continue for as long as the Confidential Information is maintained on a confidential basis by EA.
  3. At the earlier of the expiry of these terms, the termination of these terms, or when directed by EA:
    1. all Confidential Information must be returned to EA, including all copies of the Confidential Information or any extracts or summaries of the Confidential Information; and
    2. you must erase and destroy any copies of all Confidential Information in your possession or under your control.
  4. The Confidential Information does not include information which:
    1. is generally available in the public domain otherwise than as a result of a breach of clause 5(a) by you; or
    2. was known by you prior to EA disclosing the information to you.
  5. You must not communicate with any EA staff, or use their personal information, other than as approved by EA.
  6. You must not communicate with any other users of the Services, Alerts or Platform, or use their personal information, other than as approved by EA.
  7. You acknowledge that damages may be an inadequate remedy for a breach of this clause 5 and that EA may obtain injunctive relief against you for any breach of this clause 5 in addition to an order for damages.

6. Warranties, liability and indemnities

6.1 Insurances
EA does not warrant that it has or will hold any insurance with respect to these terms or the provision of the Services.

6.2 Compliance with all Laws
You agree to comply at your own cost and expense with all Laws with respect to your use of the Services, with respect to your use of Alerts, with respect to your use of the Platform, with respect to these terms and with respect to all third party terms and conditions (such as those of bookmakers, betting exchanges and messaging services).

6.3 No warranties in relation to results
EA provides no warranty that any result or objective can or will be achieved or attained at all or by any date, whether stated in these terms or elsewhere.

6.4 No reliance
Each of the parties acknowledges that, in entering into these terms, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in these terms. Any conditions, warranties or other terms implied by Law are excluded from these terms to the fullest extent permitted by Law.

6.5 Release and indemnity

  1. You use the Services, Alerts and/or Platform at your sole risk and without reliance on any warranties or representations from EA. Any gambling, betting or wagering you undertake, whether based on your use of the Services, Platform or Alerts or otherwise, is undertaken by you at your sole risk.
  2. To the extent permitted by Law, you are solely liable for and indemnify, and will continue to be liable for and indemnify, EA and EA’s officers, employees, agents, contractors and Related Entities, against all Claims & Losses suffered by EA and EA’s officers, employees, agents, contractors and Related Entities, directly or indirectly arising from or incurred in connection with:
    1. your use or misuse of the Services, Alerts and/or Platform;
    2. gambling, wagering or betting you undertake;
    3. loss of profit or return;
    4. you being banned or denied access to any gambling, wagering or betting service;
    5. any Claims & Losses suffered by you or anyone financially or otherwise dependent on you;
    6. a breach of any Law, or legal obligation owed to a third party, by you;
    7. any breaches of these terms by you; and
    8. any breaches of or issues relating to the Responsible Gambling Information, Acknowledgements, Warranties & Disclaimers by you.
  3. To the extent permitted by Law, you release and continue to release EA, and EA’s officers, employees, agents, contractors and Related Entities, from any and all liability for Claims & Losses directly or indirectly arising from or incurred in connection with anything specified in clause 6.5(b).
  4. To the extent permitted by Law, you release and continue to release EA, and EA’s officers, employees, agents, contractors and Related Entities, from all conditions, warranties, obligations and liabilities implied by Law or custom.

6.6 Limitation on liability

  1. To the maximum extent permitted by Law EA’s liability, and the liability of EA’s officers, employees, agents, contractors and Related Entities, to you or anyone else arising from these terms or in relation to the Services, Platform and Alerts, will not exceed the Fees paid by you to EA under these terms.
  2. EA’s liability, and the liability of EA’s officers, employees, agents, contractors and Related Entities, for any failure to comply with a Consumer Guarantee is limited to the supply of the Services again or the payment of the cost to you of having the Services supplied again.

6.7 Non-disparagement
You warrant that you will not make any negative or disparaging comments about EA, the Services, Platform, Alerts or EA’s officers, employees, agents, contractors and Related Entities, which do, may or are likely to bring any of them into disrepute.

7. Termination

  1. Either party may terminate these terms by immediate notice in writing to the other party if it fails to observe any of these terms.
  2. Either party is entitled to immediately terminate these terms for any reason on providing the other party with at least 24 hours’ notice.
  3. You are not required to commit to using the Services for any minimum period of time. EA does not commit to making the Services available for any minimum period of time.
  4. EA will refund your pre-paid Fees on a pro-rata basis from when EA receives your termination or cancellation notice for the number of days you have paid the Fees in advance to EA. In may take up to 7 days for EA to process your refund. Ordinary bank and financial service provider processing times also apply.

8. General

  1. Neither party has any liability under or may be deemed to be in breach of these terms for any delays or failures in performance of these terms which result from a Force Majeure Event. EA has no liability under these terms for any delays in performance of these terms
  2. These terms may be updated and amended from time to time by EA provided that EA has first issued you with 7 days’ prior notice of that update and amendment. If you continue using the Services after 7 days have elapsed since the notice was provided to you then those updated and amended terms bind you.
  3. Your obligations under clauses ‘Prohibited activities’, ‘Intellectual Property’, ‘Confidentiality’, ‘Warranties, liability and indemnities’, and ‘General’ survive the termination or expiry of these terms.
  4. You are not entitled to assign, novate or transfer any or all of your rights and obligations under these terms without the prior written approval of EA. EA is entitled to assign, novate and transfer all of, or part of, its rights and obligations under these terms to any person to which EA transfers all or part of its business, or otherwise as part of a re-structure by EA, and you hereby provide your prior consent for EA to do so.
  5. These terms contain the whole agreement between the parties in respect of the subject matter of these terms.
  6. You hereby acknowledge you have had the opportunity to seek independent legal advice, financial and professional advice before entering into these terms and any failure to seek such advice cannot be relied on to refuse compliance with these terms.
  7. No failure or delay by EA in exercising any right, power or privilege under these terms will impair the same or operate as a waiver of the same nor may any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
  8. These terms will not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in these terms.
  9. Neither party will have, nor represent that it has, any authority to make any commitments on the other party’s behalf unless it has been authorised to do so.
  10. Each party will do all things reasonably necessary to carry out and give full effect to the provisions of these terms or to make it easier to enforce these terms.
  11. If any provision of these terms is prohibited by Law or judged by a court to be unlawful, void or unenforceable, the provision will to the extent required be severed from these terms and rendered ineffective as far as possible without modifying the remaining provisions of these terms, and will not in any way affect the validity or enforcement of these terms.
  12. A notice or other communication connected with these terms has no legal effect unless it is in writing. In addition to any other method of service provided by Law, the notice may be sent by pre-paid post, by email or via the Platform.
  13. These terms take effect, are governed by, and will be construed in accordance with the Laws from time to time in force in New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia
  14. The parties acknowledge and agree that EA’s officers, employees, agents, contractors and Related Entities are entitled to enforce rights, powers and remedies and derive a benefit under these terms notwithstanding that they are not parties to these terms.

9. Definitions and interpretation

9.1 Definitions
Alerts means messages or notices to you delivered via the Platform.

Claims & Losses
means all liability, responsibility, demands, claims, causes of action, proceedings, investigations, losses, damages, costs, debts, judgments, penalties, fines and liability including:

  1. you not being able to access the Services, Platform or Alerts;
  2. loss of data or information;
  3. Consequential Losses;
  4. legal costs calculated on a solicitor and own client basis; and
  5. property damage, injury and death,

whether arising in contract, tort or otherwise at Law, in equity or under statute, whether past, present or future, fixed or unascertained, direct or indirect, actual or contingent, known or unknown, whether quantum can be ascertained or not.

Confidential Information includes these terms, the Services provided, the content of Alerts, the fact that you accessed and used the Services, Platform and/or Alerts, any information marked as confidential, any information that a reasonable person would consider confidential, and anything provided to you or received by you in relation to EA or the Services, Platform and/or Alerts including without limitation processes, trade secrets, know-how, research, notes, summaries, conclusions, calculations, techniques, data, models, calculators, articles, guides, insights, workings, system, functions, features, performance notes, concepts not reduced to material form, proposals, technical data, financial information, information of a commercially sensitive nature and derivations or adaptations of any of the same, regardless of its form or the medium in which it is stored or received, whether intentionally disclosed or unintentionally disclosed, whether or not obtained, received or developed by you before, on or after the Services are provided.

Consequential Loss means any loss, damage, cost, expense or liability that does not arise naturally and according to the usual course of things as a result of a breach of these terms or other event giving rise to the same, whether or not they may reasonably be supposed to have been in the contemplation of the parties at the time they made these terms.

Consumer Guarantee means a guarantee applicable to the supply of goods or services which is incorporated into these terms pursuant to Division 1 of Part 3-2 of the Australian Consumer Law.

EA is defined in clause 1.

Fee means the membership fee or other fee(s) for using the Services as notified by EA to you from time to time.

Force Majeure Event means any occurrence or omission as a direct or indirect result of which a party relying on it is prevented from or delayed in performing any of its obligations under these terms and which is beyond the reasonable control of that party and could not have been prevented or mitigated by reasonable diligence or reasonable precautionary measures, including forces of nature, weather, natural disasters, acts of terrorism, riots, civil commotion, epidemic, industrial action and action or inaction by a government agency.

Law means any and all laws, acts, ordinances, rules, regulations, other delegated legislation, codes and the legal requirements of any Commonwealth, state and local government departments, bodies, and public authorities or other authorities from time to time.

Intellectual Property means with respect to the Services, Alerts, Platform, EA’s business, all present and future property, rights, title and interests conferred by statute, common Law or equity in or in relation to copyright, trademarks, service marks, designs, patents, business names, domain names, database rights, Confidential Information, know-how, inventions, trade secrets, calculators, articles, guides, insights, code, software, product designs, concepts, ideas, images, text, audio, video, look and feel, colour pallets, formats and all other results of intellectual or creative activities in the industrial, commercial, scientific, literary or artistic fields existing anywhere in the world, whether or not registered or capable of registration, and any goodwill associated with the same and any applications, renewals, extensions of the same and the right to apply for registration of the same.

Platform means the platform or method EA uses from time to time to deliver the Alerts and Services as determined by EA, which may be one single platform or method or a number of different platforms or methods operating independently or interdependently. This includes any third party messaging services, platforms or portals that EA hosts or EA has developed or are hosted or developed on EA’s behalf from time to time.

Related Entity has the meaning given in section 9 of the Corporations Act 2001 (Cth).

Service(s) means the provision of Alerts, provision of access to the Platform and other services provided by EA to you (as determined by EA) from time to time.

9.2 Interpretations
In these terms unless the context otherwise requires:

  1. Words importing the singular will (where appropriate) mean and include the plural and vice versa.
  2. The obligations and liabilities imposed and the rights and benefits conferred upon the parties to this document, will be binding upon and inure in favour of each of the parties’ successors in title, legal personal representatives and permitted assigns.
  3. In the interpretation of this document or any part of it, no rule of construction will apply to the disadvantage of any party on the basis that it prepared this document or any part of it or seeks to rely on this document or any part of it.
  4. Any reference to an indemnity, will mean a continuing indemnity not merging upon any settlement or contemplated settlement or other determination of this document.
  5. A reference to a ‘person’ includes a reference to a natural person and any entity.
  6. Any reference to ‘including’ or other such similar language is a reference to an inclusion by way of example without any limitation.