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Tabcorp

Terms Of Use

Terms Of Use

1. Who we are

Tabcorp Holdings Limited (ABN 66 063 780 709) of Level 19, Tower 2, 727 Collins Street, Melbourne VIC 3008 (Tabcorp) and its related bodies corporate own and operate the following websites:

tabcorp.com.au

tab.com.au

max.com.au

(each, the Websites). 

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

2. By accessing and/or using our Websites you accept these Terms

By accessing and/or using the Websites, you agree to comply with these Terms of Use (Terms) and acknowledge our Privacy Policy available at www.tabcorp.com.au/privacy-policy.

You should review these Terms carefully before using the Websites. You must immediately cease using our Websites if you do not agree to these Terms. 

3. We may make changes to these Terms

We may amend these Terms from time to time. We will notify you of any amendment to these Terms by publishing the updated Terms on our Websites. If you continue to access or use our Websites after publication of the updated Terms, you will be deemed to have accepted the updated Terms.

4. Changes to our Websites

We may, from time to time, change or add to the Websites or the information, content, products or services on it to reflect changes to our business, our products and services, our users’ needs and changes in law.

5. Information on our Websites

The content on our Websites is provided for general information only. It is not intended to amount to advice on which you should rely.

6. We may suspend or withdraw our Websites

We may suspend or withdraw or restrict the availability of all or any part of our Websites for business or operational purposes and to protect and defend our rights and interests. At our discretion and if reasonably practical, we will try to give you reasonable prior notice of any suspension, withdrawal or restriction.

7. Eligibility to use our Websites

You must be aged 18 or over and residing in and located within Australia or New Zealand to access and use our Websites. We do not represent the Websites’ content is appropriate for use or available in other locations. If you access or use our Websites from outside Australia or New Zealand, you do so at your risk and you are responsible for compliance with laws applicable to your access and use of the Websites from your location.

8. Linked websites

Our Websites 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. You access third party websites entirely at your own risk.

The Websites may also be linked to other websites operated by companies affiliated or connected with Tabcorp.

When visiting other websites, you should refer to each such website’s terms of use.

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

9. 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 Websites and in all of the material (including all text, graphics, logos, audio and software) made available on or from the Website (Content). All such rights are reserved.

Your use of the Websites and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Websites or the Content. However, we do grant you a licence to access the Websites and view the Content in accordance with these Terms and, where applicable, as expressly authorised by us in writing.

Any reproduction or redistribution of the Websites or any of 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.

You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from the Websites.

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 prior written consent.

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

You must not use any part of the content on our Websites for commercial purposes without obtaining a licence to do so from us or our licensors.

10. Unacceptable activity

You must access and use the Websites only for lawful purposes and in accordance with the Terms.

You are also responsible for ensuring that all persons who access or use our Websites through your internet connection and/or IP address are aware of these Terms and other applicable terms and conditions, and that they comply with them.

You must not do anything that we would reasonably deem to be inappropriate or that is unlawful or prohibited by any applicable laws.  Without limiting the above, you must not:

  • do anything that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other legal rights of individuals;
  • use the Websites to defame or libel us, our employees or other individuals;
  • introduce any viruses or malicious code that may cause damage to our Websites, systems, data, property or the property of other individuals;
  • post or transmit to the Websites any unauthorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, abusive, offensive, harassing, violent, hateful, discriminatory, deceptive, pornographic or otherwise objectionable or that is detrimental to our or a third party's data, systems or network security;
  • submit to the Websites 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 rights without first obtaining the permission of the owner or relevant rights holder;
  • modify or delete any Content or add any content to the Websites unless we provide written permission for you to add Content to the Websites. If we provide this written permission, you are solely responsible for any content you add to the Websites and its accuracy. We take no responsibility and assume no liability for any comments, information or content posted by you or any third party;
  • impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses, images or names associated with any of the foregoing), including to carry out phishing attacks or similar cyber attacks;
  • decompile, disassemble, download, copy, or store any part or all of the Websites and/or the Content other than in accordance with these Terms or without our prior written consent;
  • reproduce, communicate, adapt, distribute, sell or publish any part of the Websites or any Content, or use any part of the Websites or any Content for commercial purposes, without our prior written consent;
  • use any bots, software, scripts, deep link, page-scrape, robot, spider, crawler, browser plugin or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy, scrape or monitor any portion of the Websites or any Content, or in any way circumvent security mechanisms to obtain or attempt to obtain any materials, documents, data or information available on the Websites and/or within the Content;
  • attempt to gain unauthorised access to any part of the Websites or otherwise attempt to interfere with the proper working of the Websites;
  • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm us or users of the Websites or expose them to liability; or 
  • use, or act in a way in connection with, the Websites or any Content that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

If we reasonably suspect that you are using the Websites for any purpose which is prohibited by these Terms, we may block your access to the Websites (temporarily or permanently). We reserve the right to take any other action in relation to such unauthorised activity, including to restrict, suspend or terminate your access to the Websites or any Content, or any feature of the Websites at any time and we will not be responsible for any loss, cost, damage or liability that may arise as a result. At our discretion and if reasonably practical, we will provide you with notice of any restriction, suspension or termination of access.

If we allow you to post any information to our Websites, 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 or government 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 or carrying out any activities which violate any applicable laws.

11. 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 beyond our reasonable control.

You are responsible for configuring your technology to access our Websites. You should use your own antivirus software.

12. If Websites are unavailable

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

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

We make reasonable efforts to update Content for accuracy and completeness. We also implement reasonable measures to keep the Websites secure and error-free in accordance with good industry practice.

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

14. Liability 

Nothing in these Terms restricts, excludes or modifies any consumer rights under any law, including the Australian Consumer Law.

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, cost or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Websites and/or the Content, information or materials contained on it, or as a result of the inaccessibility of the Websites or its failure to operate as expected and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

If any law, including the Australian Consumer Law, imposes a consumer guarantee in relation to any service provided through our Websites which cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such consumer guarantee will be limited to supplying the relevant service again or paying the cost of having that service re-supplied.

15. Indemnity

We rely on your continued compliance with these Terms. If we suffer any loss or damage or incur any costs in connection with your breach of these Terms or any other applicable legal obligation, then you agree to indemnify us for those losses, damages and costs, except to the extent we contribute to those losses, damages or costs through our negligence or wilful misconduct.

16. Linking to the Website

You may link to our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in clause 10 of these Terms; and

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Websites must not be framed or mirrored on any other website.

We reserve the right to withdraw linking permission at our discretion and without notice. At our discretion and if reasonably practical, we will provide you with notice of any withdrawal.

If you wish to link to or make any use of content on our Websites other than that set out above, please contact enquiries@tabcorp.com.au.

17. Privacy collection notice

We may collect your personal information to facilitate your access to and use of the Websites.

When you use our Websites, we may show you personalised offers and Content. We can do this using your account number (if applicable) and/or by using cookies. Cookies allow a website or application to identify and interact with your device. Cookies are small files that store information on your computer, TV, mobile phone, tablet or other device. When you return to our Websites – or visit websites that use the same cookies – they recognise these cookies and therefore your browsing device. We use cookies to enhance your interaction with our Websites and services, including to:

  • store login details for our Websites;
  • provide you with ads that are more relevant to you and enhance your journey through our Websites;
  • improve our understanding of how you navigate through our Websites so we can identify improvements; and
  • evaluate our Websites' advertising and promotional effectiveness.

Cookies enable us to recognise you across different websites, services, devices and browsing sessions.

When you visit our Websites, we will use these technologies to provide an online service more suited to the device you connect from. When you visit our Websites from any device, we collect information about your use of the Websites.  You may not be able to initiate or complete some activities within our Websites unless these cookies or similar technologies are installed. We use both our own (first-party) and partner companies' (third-party) cookies to support these activities.

In order for us to operate our Websites and provide you with information and services, we may disclose your personal information to third parties, including third party service providers. Sometimes the third parties we disclose your information to are overseas, including in the United States of America, the United Kingdom, Japan, Ireland, India, Philippines, Poland and Vietnam.

Our Privacy Policy provides further details on how we manage your personal information, how you can contact us to access or correct your personal information, how you can submit a privacy complaint and how we will deal with such a complaint.

18. Additional Terms and Conditions

You must also agree to and comply with any applicable terms and conditions before accessing and using specific portions, services or features of the Websites.

19. Jurisdiction and governing law

Your access to and use of the Websites and its Content, and these Terms, are governed by the laws of Victoria, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

Last Updated 26 August 2024.