Fantasy Gaming Corporation Pty Ltd (“FGC”)
FGC Online Products Access and Usage Agreement
If you choose to access and use any of FGC’s Online Apps and Products, you agree to be bound by these terms and conditions of the FGC Products. If you do not accept these terms and conditions, you must not access or use the FGC Product or any information available from it.
1.1 The expressions ‘we’, ‘us’ and ‘our’ are a reference to FGC.
1.2 FGC. is a duly registered limited liability Company registered in Perth Western Australia and trading under the name and style ‘Form2Win’ and ‘FantasyBooki’ Apps (“Products”).
1.3 The ‘Member’ is any person who is authorized to use an Account.
1.4 The ‘Account’ means the facility by which a Member’s right to use the FGC Products; (Free Access Evaluation Versions included) or service is paid for and monitored.
1.5 FGC provides a range of Analytical Tools and Historical Racing Data and; where available Odds.
1.6 The term ‘Betting Agencies’ refers to Totalisator Agency Boards (TABs), Bookmakers & Betting Exchanges.
2.1 This agreement commences on the date that you first visit and use an FGC Product and then after the application to become a Member is approved and continues indefinitely, or until earlier termination in accordance with this agreement.
2.2 The Member acknowledges that at the time of entering into this agreement, they are not relying on any representation made by FGC.
2.3 FGC Makes available Free Access Evaluation Versions; with access to the full functionality of the Apps in order that Members are fully informed as to the Products’ suitability before subscribing to the services and products.
2.4 To be able to gain access to information offered on FGC Products, you must become a Member. To become a Member, you must complete your registration form in the manner described on our Application. Membership is only available to persons who are 18 years of age or older.
2.5 We reserve the right to terminate your membership at any time if you do not comply with any of these terms and conditions.
2.6 To register as a Member, you agree to ensure that the registration details that you enter are true and accurate; at all times.
2.7 You must promptly notify us of any change to your registration details as originally supplied.
2.8 You are responsible for maintaining the confidentiality of both your username and password and for any access to or use of our Application and any services available from it using your username and password.
2.9 You agree to pay for your requested services in the manner specified on our Applications and Schedules.
2.10 We will at our discretion accept or reject your membership application. We are not obliged to give reasons for rejecting your application for membership. Such reasons for rejection of an application would be in relation to false or fraudulent information being submitted.
2.11 We may, at our discretion, terminate your membership at any time. We are not obliged to give reasons for such termination. However, such reasons for termination may be in relation to false or fraudulent information being submitted or impropriate emails or phone calls to either management or support personnel.
3. Commercial Use
3.1 FGC Products and its systems cannot in any way or form be used for commercial purposes.
4.1 The subscription Terms and Conditions for FGC Products are as set out on our Web Site
4.3 Monthly Subscription fees are payable in advance. A tax invoice (where applicable) will be provided for any subscription or other fees (Upon Request) to your nominated E-mail address. Prices are inclusive of Australian Goods and Services Tax (where applicable).
4.4 On receipt of the subscription fees; access will be provided to the information you have subscribed to, during the period to which your payment relates.
4.5 If you have a recurring subscription in place and have failed to honor payment for any reason, then without limiting our rights, we may immediately suspend your access to the services in question.
5. Membership Registration Fee and Subscription Fees – Refund Policy
5.2 We charge a once-only Membership Registration Fee on commencement (Refer to Sub Paragraph 5.2) and; thereafter; Monthly in arrears and Recurring Subscription Fees for access to our Apps; which are Non-Refundable – Refer to Section 2 (Sub Paragraph 2.3) for Product Access and Evaluation Policy.
5.3 On Commencement; we will charge a once-only Membership Registration Fee – equal to one -month’s Subscription Fee – to allocate and grant you immediate access to the App’s online Storage and other network resources; required to store your functional App Settings; and for user-generated record-keeping facilities within the App; and other systems required to maintain your Membership.
6. Warranties and Liabilities
6.1 The Data; Information and Tools; which we provide to you we do so in good faith.
6.2 We do not supply advice but general information only.
6.3 We reserve the right to update or change this information at any time without notice to you.
6.4 In addition, we do not make any representations or warranties for any errors that may occur in information provided to you or that your access to that information will be uninterrupted or timely.
6.5 FGC provides Data; information and Odds from Betting Agencies and other Suppliers in good faith, it cannot be held responsible for any errors or omissions on the site as we are entirely reliant on the accuracy of information from third party sources; therefore we do not accept responsibility or liability of any kind; for any loss resulting from any action taken or not taken, or your reliance on any information or material that is posted on or available from our Products.
6.6 You agree to use the information accessible from our Products for lawful purposes only.
6.7 We do not accept responsibility or liability of any kind for any loss resulting from the incorrect or non-operation of any feature(s) on our Products.
7.1 It is your responsibility to make sure that your access to our Products, and your access to and use of the information available from it is not illegal or prohibited by any laws which may apply to you.
7.2 We advise you to take your own precautions to ensure that the process that you have in place for accessing this Product does not expose your computer system the risk of damage from viruses, malicious computer code or other forms of interference.
7.3 We do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of our Products or any other linked Application.
7.4 Any opinions or advice given or supplied by third parties remain the responsibility of those third parties and we do not guarantee the accuracy or reliability.
7.5 Where information made available from our Product contains opinions or advice of other parties, we do not necessarily endorse those opinions or advice.
7.6 It remains your responsibility to evaluate the accuracy, completeness and usefulness of any of that information.
7.7 Advertisers on our Products are solely responsible for the content of their advertisements appearing on our Products which also includes hyperlinks to advertisers’ own Applications.
7.8 The acceptance of those advertisements by FGC is not in any way a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
7.9 Data transmission over the Internet cannot be guaranteed as totally secure. As a result of this we cannot guarantee the security of information which you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of that information.
7.10 From Time to Time Maintenance of scheduled; and unscheduled nature may need to be performed due to equipment; network; or other failures. If maintenance is required, we will endeavor to make the service operational again as soon as possible. Refer to Section 6 regarding Warranties and Liabilities.
7.11 Where FGC provides information and Odds from Betting Agencies and other Suppliers in good faith, it cannot be held responsible for any errors or omissions on the site as we are entirely reliant on the accuracy of information from third party sources, namely the Betting Agencies and other Data Suppliers.
7.12 The responsibility lies with the end user to ensure that they are satisfied that the Odds they have selected, and the value of the wager are correct. (FGC strive for 100% accuracy with all information displayed on our Products)
7.13 We do not accept responsibility or liability of any kind for any loss resulting from any action taken or not taken, or your reliance on any information or material that is posted on or available from our Products.
8.1 Copyright for all material included on our Products resides with FGC and its Suppliers and Agents.
8.2 Full Patents Pending and other intellectual property rights relating to our systems and information incorporated on our Products reside with FGC and its suppliers and no part of any such systems or information may be used elsewhere except with the consent of FGC.
8.3 Members are provided with access to our Products and any information on it, strictly for your personal use only. You may not without our written permission sell, distribute or commercialize any information obtained from our Products.
9.1 FGC will take all reasonable steps to ensure that the Personal Information which it collects is accurately recorded and is stored in a secure environment which is accessed only by authorized persons – We do not store Credit Card Information.
9.2 FGC does not give, sell, rent, share or trade Personal Information regarding its Members to third parties.
10.1 We do not accept any liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our control.
10.2 If we waive one or more of these terms and conditions on any one occasion this does not mean that these said terms and conditions will be waived at any other time and all other terms and conditions will continue in force in all other respects.
10.3 If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason and in any jurisdiction, the remaining terms and conditions shall nevertheless continue in full force in that jurisdiction, and all of these terms and conditions will continue in force in all other jurisdictions.
11. It is acknowledged and agreed that the terms and conditions referred to herein shall remain binding on the member for the duration of their membership; or usage of FGC’s products.
Copyright © FGC Pty Ltd 2017. Patents Pending. All Rights Reserved