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Terms & Conditions

TERMS AND CONDITIONS

  1. About
    1. Welcome to www.tiptitans.com (the Website) operated by Tip Titans Pty Ltd (ACN 643 854 193) (Tip Titans, we, us). 
    2. Access to and use of the Website, or any of its associated services, are provided by Tip Titans. Please read these terms and conditions (the Terms) carefully. 
  2. Acceptance of these Terms
    1. These Terms apply to the use of our Website and our services. By using, browsing, registering an account and paying for the services on the Website, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our Website from time to time. If you do not accept these Terms, you must cease use of the Website and our services immediately.
    2. By engaging Tip Titans, you acknowledge and understand that Tip Titans does not provide you with any specialist, professional or technical advice which includes but it not limited to legal, accounting, financial planning, financial product, financial service, or tax advice. For further information, please read these Terms carefully. 
    3. You may not accept the Terms if:
      1. you are not of legal age to form a binding contract with Tip Titans; or
      2. you are a person barred from receiving the services under the laws of Australia or other countries including the country in which you are reside or from which you use the Website and services. 
    4. Tip Titans reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tip Titans updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of the publication. Before you continue, we recommend you keep a copy of the Terms for your records. 
  3. Services
    1. Tip Titans is a marketplace that connects individuals to sports betting professionals around the world for sports betting advice (the Services). 
    2. Our Services are available to individuals (Personal Users) and verified sports betting professionals (Titans) (together the Users). 
    3. You agree and acknowledge that we:
      1. do not act as an agent or other representative of you, or any other party including but not limited to other Personal Users and Titans, in respect of the Services;
      2. are not liable for the acts or omissions of third parties that use and access the Services, including but not limited to any of the other Personal Users and the Titans; and
      3. notwithstanding clauses 3.3(a) and 3(b), we may receive commission or payment from third parties including but not limited to any third party providers, Personal Users and/or the Titans.
    4. Tip Titans warrants that:
      1. the Services comply with the applicable rules and regulations, including but not limited to, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law), Authorised Betting Operations Act 2000 (SA), and Interactive Gambling Act 2001 (Cth) as amended or superseded from time to time (together the Applicable Law);
      2. we will not be taking any bets, in any form and at any point int time, but will rather facilitate a connection between Personal Users and Titans for sports betting information and tips;
      3. we do not have any affiliation to any gambling service provider; and
      4. we do not, and will not, advertise any gambling service provider on the Website. 
    5. By using the Services, you agree and acknowledge that:
      1. you are solely responsible for assessing the risks and implications of using the Services;
      2. we do not, at any time, provide any warranties or guarantees regarding the Services;
      3. you must use the Services for your own personal use;
      4. we reserve the right to terminate your access to the Services at any time at our sole and absolute discretion;
      5. these Terms do not create a relationship of employment, trust, joint venture, partnership or other relationship of a fiduciary nature between you and us; and
      6. Tip Titans has entered into these Terms in reliance on the acknowledgements, warranties and representations given by you in these Terms. 
  4. Account Establishment
    1. To access the Services, Personal Users are required to register an account on the Website (the Personal Account) and Titans are required to register an account on the Website (the Titans Account) (together referred to as the Account).
    2. To establish an Account, you may be required to provide personal information about yourself, including but not limited to, the following:
      1. full name;
      2. date of birth;
      3. email address;
      4. mailing address;
      5. telephone number;
      6. a preferred username; and
      7. a preferred password. 
    3. You agree and acknowledge that any information you provide to Tip Titans in the course of establishing an Account will always be accurate, correct and up to date. Further, Titans agree that the information provided in the Particulars of Agreement provided by Tip Titans and signed by the Titan (the Particulars) will always be accurate, correct and up to date. Hereinafter, reference to the Terms incorporates the Particulars.
    4. You agree and acknowledge that Tip Titans reserves the right to terminate your Account and/or suspend or terminate you from accessing the Services without notice if you provide misleading, false, deceptive, inaccurate and/or outdated personal information.
  5. Personal Users
    1. As a Personal User you agree and acknowledge that:
      1. you are above the age of eighteen (18) years; 
      2. the Personal Account gives you access to the Services, whereby you can choose the Titans, that you want to hire to provide you with sports betting advice, information or tips about various gambling/wagering activities (the Advice), pursuant to their Titans Accounts and profiles; 
      3. to access the Services, you are required to establish a Personal Account and pay the membership fees in accordance with clauses 6 and 7; 
      4. you must not transfer or assign your Account to another individual or entity; 
      5. Tip Titans reserves the right to suspend or terminate your access to the Services if, in its sole and absolute discretion, it believes that you are exploiting and/or abusing your access to the Services;
      6. once you choose your Titan/s and pay the membership fees, you will then liaise directly with the Titan/s for the Advice; 
      7. All of the performance based information provided on the Website shows past performance 
      8. Tip Titans facilitates the connection between Personal Users and Titans and does not provide any Advice. Furthermore, there is no guarantee to the success of the Advice provided. One month of positive returns does not in any way guarantee future profits. You agree and acknowledge that betting is a form of gambling and is therefore risky in its nature. As such, Tip Titans will not accept any liability, to the maximum extent permitted by law, for any loss, damage or harm caused as a result of you accessing the Advice.
  6. Personal User Memberships
    1. In order to become a member of Tip Titans, and subsequently access the Services, Personal Users are required to sign up to one of the Tip Titans’ memberships (together the Memberships).
    2. You agree and acknowledge that each Membership will give you access to Advice from a number of Titans. 
    3. Services are for a specified amount of time (the Membership Period). 
    4. Every Membership has its own fees (Membership Fees) that must be paid before the provision of the Services for the Membership Period.
    5. Once you have signed up to a Membership, you will be automatically charged on the same day every week.
    6. If you would like to cancel your Membership, you will need to cancel your Membership through your account within 24 hours from the next billing date. In the event that the Membership is cancelled within less than 24 hours’ notice from the next billing date, then you will be charged for the provision of the Services for that week. 
    7. You may upgrade or downgrade your Membership level at any time through your Personal Account. Any changes to your Membership level will take effect on the next billing date. 
  7. Payment
    1. You agree and acknowledge that payment of the Memberships may be made using third payment gateways, such as Stripe (the Payment Gateway Provider). When signing up to the Membership, you agree that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider. 
    2. You acknowledge that where a request for the payment of the processing fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the processing fee.
  8. Refunds
    1. If for whatever reason you are unsatisfied with the Services, please contact Tip Titans at support@tiptitans.com outlining why you believe you are entitled to a refund of any fee so that we are able to determine whether a refund should occur. 
    2. Any refunds granted pursuant to this clause will be at Tip Titans’ absolute discretion. 
  9. Discounts, Credits and Promotions
    1. Any discount, credit or promotion codes available on the Website is non-transferable and cannot be transferred or refunded for cash.
    2. Discounts, credits and promotions can only be used for a single discount and cannot be used simultaneously with other discounts or promotions unless confirmed otherwise within the promotion terms and conditions or directly to you in writing by Tip Titans. 
    3. Tip Titans reserves the right, as far as applicable by the law, to cancel any discount, credit and/or promotion available on the Website without any prior notice.
  10. Titans
    1. As a Titans, you agree and acknowledge that:
      1. we will undergo a vetting process in order to determine whether or not you satisfy our requirements to be providing the Advice through our Services;
      2. once vetted by us and your application is accepted, you are required to register a Titans Account in accordance with clause 4 and establish a Titans Profile (the Titans Profile) to access the Services. You agree and acknowledge that the services that you market to the Users must be exclusively disclosed within your Tip Titans Profile. You must not disclose the services that you will be provided to the Users on other third party providers without prior written consent from Tip Titans;
      3. you agree to be bound by the Terms, including the Particulars;
      4. to establish your Titans Profile, you may be required to provide information about yourself, including but not limited to:
        1. full name;
        2. an identification photo; 
        3. a video that outlines your previous sports betting experience; and
        4. a summary of your past performance in sports betting; 
      5. all of the content uploaded onto the Titans Profile will be accurate, correct and up to date;
      6. the details provided in the Titans Profile will be made available on the Tip Titans Website. As such, Personal Users will be able to view your Titans Profile and make enquiries about your Titans Account and previous experience in sports betting;
      7. you will provide the Advice in good faith, with due care and skill and in a proper and effective manner pursuant to industry standards;
      8. all of your interactions with Personal Users (the Interaction) must comply with all Applicable Law;
      9. all of the Interactions must be made through the Website;
      10. you will use your best endeavours to promote the interests of Tip Titans in all of your Interactions; 
      11. Tip Titans reserves the right to terminate your Titans Account and/or remove your Titans Profile from the Website if you breach these Terms and/or provide misleading, false, deceptive, inaccurate or outdated information and/or Advice; 
      12. Tip Titans will not be liable for any harm or loss caused as a result of a Personal User accessing your Advice; and
      13. you agree to indemnify Tip Titans, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Advice.
    2. During the Terms, and for a period of eighteen (18) months after the termination of the Terms, you must not:
      1. approach, solicit or entice away, or accept any business, from any Personal User of Tip Titans who has held an Account with Tip Titans who  have been introduced to you by Tip Titans (Company’s Introductions); or
      2. encourage or persuade any of the Company’s Introductions to reduce their business with Tip Titans.
    3. During the Terms, you must not provide a client with any sports betting advice, that directly competes with the Advice offered through the Services, at a fee that is lower than the Service fees charged by Tip Titans, including but not limited to the Membership Fees as amended from time to time, without the prior written consent of Tip Titans. 
    4. You warrant that:
      1. all of your Advice must be accurate and restricted to true facts;
      2. all of your Advice must be first exclusively provided to the Personal Users and not users from other competing platforms;
      3. you will not, during your Interaction, take any bets from the Personal Users; 
      4. you will not advertise or induce any of the Personal Users to any gambling clubs, websites or otherwise that you are affiliated with; and
      5. all of your Interactions will comply with the Applicable Law.
    5. You agree that the restraints contained in this clause 10 are reasonably necessary to protect the Tip Titan’s business interests and you acknowledge that this clause 10 is fair and reasonable under the circumstances.
  11.  Invoicing
    1. By using Tip Titans’ Services, the Users agree as follows:
      1. the Titans authorise Tip Titans to act as their agent pursuant to Subdivision 153-B of A New Tax System (Goods and Services Tax) Act 1999 for the sole purpose of any GST consequences in relation to the Advice and any other services contained in these Terms (Agency Supplies);
      2. Tip Titans will issue all tax invoices and adjustment notes relating to Agency Supplies to the Personal Users in Tip Titans’ own name, for the provision of such tax invoices does not in any way mean that Tip Titans is providing the Advice to the Personal Users or is holding itself out as a provider of the Advice;
      3. the Titans will not issue the Personal Users any tax invoices and adjustment notes relating to the Advice; and
      4. Tip Titans will issue recipient created tax invoices to the Titans. Where:
        1. the Titan is situated in Australia then the Titan acknowledges that they are registered for GST and will notify Tip Titans if they cease to be registered; and
        2. the Titan is are not based in Australia, the Titan will pay any Taxes, in relation to the Advice under these Terms, provided that in no event shall the Titan pay or be responsible for any Taxes imposed on, or with respect to, Tip Titans’ income, revenues, gross receipts or real or personal property or other assets. If any such Taxes have to be withheld or deducted from any payment under this Agreement, the Titans will gross-up the payment under these Terms by such amount as will ensure that after such withholding or deduction, Tip Titans will have received an amount equal to the payment otherwise required under these Terms. The Titan will indemnify or reimburse Tip Titans for any cost, loss or expense incurred by Tip Titans with respect to any Taxes for which the Titan is liable to Tip Titans pursuant to this clause.
    2. For the purpose of clause 11.1(d), Tax means any present or future tax, fee, levy, duty, charge, withholding, penalty, fine, impost or interest imposed by any government or governmental, semi-governmental or administrative body, department, commission, authority, agency, minister, statutory corporation, instrumentality or entity (which is not the subject of a valid certificate of exemption) including but not limited to any tax in relation to sales, use, property, value added, goods and services, turnover, stamp duty, interest equalization, business, occupation, excise, income, profits or receipts.
    3. Tip Titans will receive a commission for all of the fees in relation to the Advice as specified in the Particulars, unless otherwise agreed or varied by written agreement by the Titan and Tip Titans from time to time (the Commission). 
    4. The Commission will be paid to you in arrears on a monthly pro rata basis in Australian dollars, and the Commission will automatically be deducted from the Service fees charged by Tip Titans to a Personal User, and less any merchant fees charged by the Third Party Gateway. 
    5. Tip Titans, may at its sole and absolute discretion, provide promotions to the Personal Users in order to promote the Services and the Advice. You agree and acknowledge that the Commission is calculated pursuant to actual revenue received by Tip Titans. As such, any discounted amounts utilised by a Personal User will not form part of your Commission.  
    6. Tip Titans reserves the right to hold all or part of your Commission, at any point in time, in the event of:
      1. an open dispute between you and a Personal User;
      2. if you breach these Terms;
      3. if you  do not provide the Advice at a reasonable standard or without a duty of care; or 
      4. termination of these Terms. 
  12. Your Account Obligations
    1. You agree and acknowledge that:
      1. you are solely responsible for the activity that occurs under your Account;
      2. anything you submit to be included on the Website, including all material, links, words and images (the Content) is accurate, correct and up to date;
      3. you have the sole responsibility to protect the confidentiality of your password and/or email address. You agree to immediately notify Tip Titans at support@tiptitans.com of any unauthorised use of your password or email address or any breach of security of which you have become aware. You agree and acknowledge that use of your password by any other person may result in an immediate cancellation of the Services;
      4. you will use the Website and the Services as permitted by:
        1. the Terms; and
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      5. access to and use of the Website, Services and Account is non-transferable and limited to you for the purposes of us providing the Services; 
      6. any use of your registration information and Content by another person, or third party, is strictly prohibited;
      7. appropriate legal action will be taken by Tip Titans for any illegal or unauthorised use of the Website and Services;
      8. you must not:
        1. expressly or impliedly impersonate another Account at any time;
        2. use the Services or Website for any illegal and/or unauthorised use;
        3. provide false information including false names, address, contact details and Content;
        4. use the Services or Website unlawfully or in a manner that violates these Terms and any applicable laws or regulations;
        5. circumvent or hack into any part if the Website to access data not intended for you;
        6. interfere with the servers or networks connected to the Services and/or Website, or violate any of the policies, procedures or regulations connected to the Services and/or the Website; 
        7. engage in conduct or access the Website or Services in a way that will impose an unreasonable or large burden of traffic demands on Tip Titans;
        8. create derivative works of the Services or an application substantially similar or a direct copy of the Services such that confusion may occur as to which the Services are operated by Tip Titans;
        9. resell, distribute, transfer, modify, lease, encumber or export the software associated with the Website or the Services;
        10. copy of produce a substantially similar Service that was provided to you by us; and/or
        11. automate the use of the Website or Services.
  13. Intellectual Property
    1. The Website and the Services of Tip Titans are subject to copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website.
    2. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks, patents and belong to us. Unless otherwise indicated, the Terms do not transfer to you any of our or third party’s right, title, and interest in copyright, patents, trade marks or service marks.  
    3. You are solely responsible for obtaining written permission before reusing, broad casting, republishing, posting, transmitting, distributing, showing, playing in public, adapting or changing in any way any copyrighted material that is available on our site and Website. Any unauthorised use of the materials appearing on our Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
  14. Privacy 
    1. Tip Titans is committed to protecting your privacy as a user of our Website and Services. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles established in the Privacy Act 1988 (Cth). Please read our Privacy Policy at www.tiptitans.com/privacy-policy. You may query what is being collected and change your details at any time by advising us in writing via our contact details below.
    2. By using the Website, creating an account and/or accessing the Services, you consent to the collection, disclosure, use and storage of your personal information pursuant to our Privacy Policy. 
    3. Any information you enter on our Website or give us in any other way, from time to time, is protected by our secure server or by a third party on our behalf using an approved secure server. You may provide information and documents (Personal Data) to enable us to send information or process your claim. We may also collect additional Personal Data at other times in order to be able to deliver our Services, including but not limited to contact lists, GPS location, passwords, feedback or communication with Tip Titans customer support.
  15. Disclosure of Your Information
    1. We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Tip Titans may also use your Personal Data to protect the rights, property or safety of Tip Titans, its customers or third parties.
    2. If there is a change of control in one of our businesses (whether by merger, sale or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction. We would only disclose your information in good faith and where required by any of the above circumstances.
  16. Termination of the Users
    1. The Terms will continue to apply until the deletion of your Account, or until terminated by Tip Titans as set out below.
    2. Tip Titans may at any time, terminate the Terms with you if:
      1. you have breached any provision of the Terms and fail to remedy it within seven (7) days from receiving written notice from Tip Titans; 
      2. Tip Titans is required to do so by law; 
      3. the partner, if any, with whom Tip Titans offered the Services to you has terminated its relationship with Tip Titans or ceased to offer the Services to you; 
      4. Tip Titans is transitioning to no longer providing the Services to users in the region, country or state in which you are resident or from which you access the Services; 
      5. the provision of the Services to you by Tip Titans is, in the opinion of Tip Titans, no longer commercially viable; 
      6. if you have used the Services:
        1. in breach of any law;
        2. in a way that is misleading or deceptive;
        3. in a way which is unreasonable as determined by Tip Titans at its absolute discretion; or 
        4. in a manner which can or does bring Tip Titans into disrepute or could damage Tip Titans’ reputation as determined by Tip Titans at its absolute discretion.
    3. Subject to local applicable laws, Tip Titans reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages Tip Titans’ name or reputation or violates the rights of those of another party.
    4. Upon the termination of the customer’s account, all of the legal rights, obligations and liabilities that you and Tip Titans have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of this clause will continue to apply to such rights, obligations and liabilities indefinitely.
  17. Liability
    1. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Tip Titans make any express or implied representation or warranty about the Services. This includes, but is not limited to, loss or damage you might suffer as a result of the following:
      1. failure of performance, error, omission, interruption, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Services; 
      3. costs incurred as a result of you using the Website or the Services; 
      4. the accuracy, suitability or currency of any Advice; and
      5. a suspension of your account due to your breach of the Terms.
    2. In all cases, our liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to any amounts paid to you for the provision of the Services.
    3. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
    4. You agree and acknowledge that Tip Titans, its affiliates, employees, agents, contributors, agents, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits, goodwill, or business reputations which may be incurred by you, however caused and under any theory of liability. 
    5. You agree and acknowledge that Tip Titans holds no liability for any direct, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your Content on the Website. 
  18. Force Majeure 
    1. Tip Titans will not be liable for any failure, delay, interruption or faults which are a consequence of any government body, war, insurrection, pandemic, sabotage, embargo, breakdown, civil disturbance, crime, lockout, riot, theft, tempest, war, earthquake, fire, flood, strike or labour disturbance, the inability of Tip Titans’ normal suppliers to supply necessary materials or services, interruption or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or hardware or inability to obtain energy which is needed for the provision of the Services or any other matter beyond Tip Titans s control.
  19. Disclaimer
    1. Tip Titans is a platform that facilitates the connection between Titans and Personal Users. As such, Tip Titans is not liable for any loss or damage (including consequential loss or damage):
      1. arising from any carelessness, dishonesty or any negligence by the Titans in providing the Advice; and
      2. if the Titans have does not receive or provide a positive financial return from utilising the Services.
    2. Use of this Website is at your own risk and Tip Titans is not liable for any loss, damage or disclosure of any personal information that may result from its use. 
    3. All of the information on the Website is based on past performance of the Advice. Tip Titans does not provide any guarantees, whether express or implied, by statute, trade or otherwise to indicate the future performance and/or success of the Advice and/or the Services. 
    4. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including Australian Consumer Law (or any liability under them) which by law may not be excluded:
      1. if you are not a Consumer (under the Australian Consumer Law), you agree that Tip Titans has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website or the Services; 
      2. if you are a Consumer (under the Australian Consumer Law), Tip Titans limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law; and
      3. where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, Tip Titans’ liability to you is limited to resupply of the Services or payment of the cost of re-supplying the Services.
    5. Subject to this clause and to the extent permitted by law:
      1. Tip Titans excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
      2. Tip Titans will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract law, tort (including negligence), in equity, pursuant to statute or otherwise.
  20. Indemnity
    1. You agree to indemnify Tip Titans, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Services and/or the Advice;
      2. any breach of these Terms; 
      3. any wilful misconduct by us; 
      4. any unlawful or negligent act or omission by you; or
      5. any direct or indirect consequences of you accessing, using or transacting on the Website or the Services or attempts to do so. 
    2. This indemnity will survive termination of these Terms.
  21. General
    1. All Services provided to the Users is provided “as is” and “as available” without warranty or condition of any kind, subject to any liability which cannot be excluded by law. None of Tip Titans’ Personnel or Tip Titans make any express or implied representation or warranty in relation to the Services, or will be liable, in contract, tort (including negligence) or otherwise for any direct, indirect, special or consequential loss, damages or reliance in connection with the Services provided by Tip Titans. 
    2. You agree and acknowledge that the Website, and any associated website we own, may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the Website.
    3. Unless otherwise specified, the Website and associated Services are for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, or Services obtained from the Website, which are not your own intellectual property.
    4. You also agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.
  22. Dispute
    1. If a dispute arises out of or relates to these Terms, either party may not commence any tribunal or Court proceedings in relation to the dispute (except where urgent interlocutory relief is sought).
    2. A party to these Terms claiming a dispute (Dispute) has arisen under these Terms, must give written notice of the Dispute to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute (the Dispute Notice).
    3. On receipt of that Dispute Notice by that other party, the parties to these Terms (Parties) must:
      1. within seven (7) days of the Dispute Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. if for any reason whatsoever, twenty-one (21) days after the date of the Dispute, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Disputes Centre (as superseded) (ADC) and for the mediation to be governed by the ADC Guidelines for Commercial Mediation (as superseded);
      3. the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
      4. the mediation will be held in South Australia. However, the Parties and mediator may appear by means of teleconference or videoconference.
    4. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
    5. If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so, and either party may issue legal proceedings against the other, if both parties are situated in Australia.
    6. In the event that the Dispute is not resolved at the conclusion of the mediation, and one of the parties are situated outside of Australia, both parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including any question regarding its existence, validity or termination, will be resolved by an arbitrator appointed by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with the ACICA Arbitration Rules (as superseded). The seat of arbitration shall be South Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause 22 may be used as a bar to legal proceedings in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958.
    7. In the event of any dispute arising out of or in relation to this Agreement, the parties agree that the exclusive venue for resolving any dispute shall be in South Australia, and the applicable law and jurisdiction shall be the laws of South Australia and the federal laws of Australia.
  23. Governing Law 
    1. This Agreement is governed by the laws of South Australia. In the event of any dispute arising out of or in connection with this Agreement, the Subcontractor agrees that the exclusive venue for resolving any dispute will be South Australia. 
  24. Jurisdiction
    1. Each party irrevocably and unconditionally submits to arbitration.
  25. Notice
    1. Tip Titans may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Tip Titans to you by email will be deemed to have been properly given on the date Tip Titans sends the email, regardless of whether you have received the email. 
    2. Unless specified otherwise, any notices provided by you to Tip Titans must be in writing and be delivered either in person, or via registered post to 60 Halifax Street, Adelaide 5000. Notices provided by registered post will be deemed to have properly given three (3) days after they are posted (if posted). 
  26. Severance
    1. If any part of the Terms is found to be void or unenforceable, that part will be read down, and where it is unable to be read down, it will be severed and the rest of the Terms will remain in force.
  27. Waiver
    1. A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it. 
    2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
    3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
  28. Assignment
    1. Tip Titans may assign or transfer its rights or obligations under the Terms without your consent. 
    2. You may not assign or transfer your rights or obligations under the Terms without prior written consent of Tip Titans. A purported assignment without written consent will be deemed to be void and convey no rights. 
  29. Links
    1. Our Website and correspondence to you may contain links to other websites. These links are meant for your convenience only. Please be aware that Tip Titans is not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our Website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.
  30. Email Communication
    1. Tip Titans may also provide you with information and updates regarding our Website and changes to the law from time to time. Tip Titans may also make you aware of their new and additional Services via email. This service is for free and you can unsubscribe at any time.
  31. Changes to our policies
    1. We reserve the right to modify our policies at any time, including these Terms and our Privacy Policy, in our sole discretion. All modifications will be effective immediately upon our posting of the modifications on this Website.
  32. Inconsistency 
    1. If there is any inconsistency between the Particulars and these Terms, the Particulars will prevail and these Terms will be read down or severed in accordance with clause 26 of these Terms.
  33. Questions or Complaints
    1. If at any time you have a question about what information we hold about you, wish to change your personal details or have a complaint or concern, please contact us at support@tiptitans.com.  
    2. Please return periodically to policies for material changes.