SmartB Terms and Conditions
Welcome to SmartB’s Terms and Conditions of Use (“Terms/User Agreement”). The SmartB website and all related sites, applications, services and tools are the property of Better Business Register Pty Ltd (ACN 621 591 026) and operate as a function of Better Business Register rather than a separate company. This is therefore, a binding contract between you and Better Business Register Pty Ltd. We’, ‘Us’, ‘Ours’, ‘the Company’ therefore refers to SmartB and Better Business Register Pty Ltd.
These Terms and Conditions apply to SmartB website, apps, events and other services we operate under the SmartB brand. For simplicity, we refer to all of these as our “Services” and we want you to know yours and our rights before you use SmartB Services. Please take a few moments to read these Terms and Conditions before accessing our Services. Once you access, sign up, sign in, view or use our Services, you are legally bound by these Terms and Conditions.
SmartB
- SmartB platforms allow you to browse betting events and odds and provides a technical means to place bets with selected licensed bookmakers (all with required gambling licences) ("Third Party Bookmakers").
- Our Services and the SmartB Platforms employ technology to allow you to retrieve, view and maintain information and conduct transactions with Third Party Bookmakers, all within one convenient service. When you click on any odds on our platform you are taken directly to the Third Party Bookmakers' own sites or connected to the Third Party Bookmaker's bet API services which are all secure environments where data transfers are encrypted. We only display Third Party Bookmakers that satisfy our criteria for security and reliability. For further information, please visit individual Bookmakers websites.
- You acknowledge and agree that when you are accessing and retrieving information from Third Party Bookmakers sites or betting APIs using our software, we are not acting as your agents nor the agents on behalf of the Third Party Bookmakers but that we are simply making available the Services and software to you by which you may access and transact with such Third Party Bookmakers. You agree that the Third Party Bookmakers featured on all SmartB Platforms shall be entitled to rely on the foregoing authorisation and agency granted by you.
Use of SmartB Services
- Individuals aged 18 or over are permitted to open an account with us in order to access more features on the SmartB platform, save your preferences and receive tailored content and services. At any time, you may choose to disable and delete your account by selecting that option in our Account Settings menu.
- No one under the age of 18 is permitted to use our Services. If you are aged under 18, please do not use our Services or provide any information directly to us.
- SmartB may amend these terms at any time by posting changes on the Site. If you use the Site (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms. SmartB will include on the Site the date on which it last made amendments to these terms.
- Users may be required to purchase a SmartB Premium subscription to use certain features of the Site.
Content and functionality of the site
- SmartB receives odds directly from Third Party Bookmakers, using the latest technology to ensure publishing as close to real-time as possible. All of the odds shown remain the property and responsibility of the Third Party Bookmakers themselves. All odds data is shown in good faith and SmartB does not guarantee its availability or accuracy. SmartB does not accept liability for errors in prices, odds, incorrectly calculated winnings, events or markets shown on the SmartB platforms or odds changes prior to a bet being placed and will not be liable for any loss suffered by any party if the service is unavailable or inaccurate in any way.
- Opening a betslip either navigates you to the Third Party Bookmaker's site, or connects you to the Third Party Bookmakers betting API service. Please ensure you check all your bet details are correct on the betslip before placing a bet. You are solely responsible and liable for all activity that occurs on your account. If you have any queries relating to a bet, including any requests to void a bet, you should contact the Third Party Bookmaker directly. Terms and conditions vary between Third Party Bookmakers and apply to any bet placed with that Third Party Bookmaker.
- SmartB may alter, suspend or discontinue SmartB Services and/or the content made available through our platforms at any time, with or without notice to Users, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions, SmartB will not be liable to any User or to any third party should it exercise such rights.
- In some circumstances the SmartB platforms will allow Users to access and download certain content onto your device(s). Some such content may not be available at all times in the future for subsequent download and SmartB will have no liability to you in such circumstances subject to the remainder of these terms.
Intellectual Property
- All intellectual property in relation to content on this Site belongs to SmartB or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
- You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by SmartB. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission.
No Advice
- Content included on the Site is prepared as general information only. It is not advice and should not be substituted for personal advice which takes into account your individual health, financial or other circumstances.
Liability & Indemnity
- SmartB does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified.
- SmartB otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply:
- You accept that Services are provided to you "as is" with any faults or failings and any representation, warranty, condition or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) excluded to the fullest extent permitted by law.
- Under no circumstances (including, without limitation, negligence) are we liable for any injury, loss, claim, loss of data, income, profit or opportunity, loss or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with your access to, or use of, or inability to use, our Services, any software, any materials or other information on the SmartB Platforms for any goods, materials or services available therefrom (whether based in contract, tort and whether negligent or otherwise), even if we have been advised of the possibility of such damages or loss or that such loss was foreseeable.
- SmartB does not warrant the accuracy of the content which you access through our platforms. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at SmartB’s sole discretion and without notice
- Where permitted under local law, including the ACL, liability of SmartB, for any breach of a term or condition implied by law is limited at SmartB’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, SmartB cannot limit its liability in this manner if you establish that it would not be fair or reasonable for SmartB to do so.
- You are responsible for maintaining the security of your account details and are responsible for all activity undertaken using your account details.
Contributing Content
- When you submit content to SmartB in any format, including any text, photographs, graphics, video or audio, you grant SmartB a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, using the details you have provided to us, as the author/provider of that content.
- SmartB reserves the right not to use the content you submit.
- You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
- You indemnify SmartB against any and all legal fees, damages and other expenses that may be incurred by SmartB as a result of a breach of the above warranty.
- You waive any moral rights in your contribution for the purposes of its submission to and use by SmartB in accordance with these terms.
Refund Policy
Subscription Services
Our subscription services are billed on a recurring basis (monthly). You may cancel your subscription any time. Please note that you must cancel your subscription before it renews to avoid being charged for the next subscription period.
7 - Day Refund Policy
If you are not entirely satisfied with your purchase, we're here to assist you. We offer a full money-back guarantee for all purchases made on our website.
If you are not satisfied with the product that you have purchased from us, you can get your money back, no questions asked. You are eligible for a full reimbursement within 7 calendar days of your purchase.
After the 7-day period, you will no longer be eligible and won't be able to receive a refund. We encourage our customers to try the product (or service) in the first week after their purchase to ensure it fits your needs.
Requesting A Refund
If you have any questions or would like to request a refund, feel free to contact us at info@smartb.com.au
To request a refund, simply contact us with your purchase details within seven days of your purchase. Please include your email address and phone number, and optionally tell us why you’re requesting a refund – we take customer feedback very seriously and use it to constantly improve our products and quality of service.
Exceptions to Refund Policy
Refunds are not provided for services already delivered or successfully initiated during the period of the agreed term.
This policy is subject to change at any time without prior notice. For questions or clarifications, kindly reach out to us via our customer service channels.
General
- Users must not use this site for any purpose or in any way which is unlawful.
- These terms shall be governed by and interpreted in accordance with the laws of New South Wales.
- WARNING: GAMBLING INVOLVES RISK. For the avoidance of doubt, we are not responsible for your gambling losses. Any monetary investment based on information displayed on the site (or affiliated sites) is at the risk of the investor.
- All information relating to race fields, including horse numbers, scratchings, odds and statistics should be checked with an official source
- Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.smartb.com.au.
- Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
- As our Services grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates as included in these Terms. In certain circumstances, we may send an email to you notifying you of a Change. It’s also possible that we might ask you to agree to our Changes, but we’ll let you know. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
- Your continued use of our Services following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using our Services immediately.
- The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and SmartB, and supersede all prior understandings and agreements of the parties.
SmartB
