Terms of Service : The Daily Set

Terms of Service

The Daily Set Pty Ltd

The Daily Set Pty Ltd ACN 672 649 099 (“The Daily Set”, “we”, “us” and “our”) owns and operates this website, Thedailyset.com.au (the “Website”). Your use of the Website and theservices provided via Thedailyset.com.au (collectively the Services) is governed by these terms and conditions (Terms). By using the Website, you are deemed to have read, understood and accepted these Terms. A member (“member”) is a person who creates an account with thedailyset.com.au. If you do not agree to these Terms, you must cease accessing and using our Website immediately

Overview

The Services accessed via thedailyset.com.au are as follows:

Tipping service subscriptions: Ongoing horse racing tip recommendations. Race assessments also provided
Tips on demand: One-off horse racing tip recommendations.

The Services are not a bookmaking and wagering service; no bets are received.

Thedailyset.com.au does not give financial advice.
By using our Services, you confirm that you are over the age of 18 and agree to be bound by these Terms.
Whilst The Daily Set Pty Ltd believes in our form and assesments, this is not a guarantee. Members should be aware that betting is a form of gambling which is risky and members can lose their entire bet. The Daily Set is not responsible for members’ losses and will not provide refunds in respect of gambling monies lost.
Thedailyset.com.au does not provide any assurances or guarantees that any of the horses, races and events which have been the subject of tips by Thedailyset.com.au have not been cancelled, postponed or otherwise varied. In the event that any such horse or event is cancelled, postponed or varied thedailyset.com.au accepts no responsibility.
Your subscription is non-refundable.
The Daily Set pty ltd is an advocate of responsible gambling. The Daily Set Pty Ltd wants you to be in control of your gambling at all times and not allow your gambling to control you. You should ensure that, when making a decision to follow thedailyset.com.au, you do so in a controlled manner, with the key principle to only gamble what you can afford to lose.

Amendments

From time to time, we may amend these Terms, including the terms and conditions of our subscription service. Where amendments are material, reasonable notice of the amendments will be provided by publication on the Website before the amendments take effect. By continuing to use our Services after the amendments take effect, you agree to be bound by the Terms as amended. If, at any time, you do not agree to these Terms, you should cease use of our Services and terminate your subscription.

Subscriptions

Thedailyset.com.au offers a range of subscription packages. To become a subscriber, you must:

be at least 18 years of age;
create an account and become a member. You are responsible for maintaining the confidentiality and security of your account and password. If you do not notify us that the security of your password has been compromised, we will be entitled to assume that all activity connected to your account is conducted by you; and
select a subscription package and pay a subscription fee, if any, in advance (in accordance with the terms and conditions of your subscription package).

Payment for subscriptions may be made by Visa, MasterCard or American Express debit or credit cards. We will cancel your subscription if the subscription fee is not paid in advance.
You expressly authorise us to automatically charge your credit or debit card for each subscription payment.
We reserve the right to review and alter our subscription fees. We will provide you with reasonable notice of any changes to subscription fees before the changes take effect.
You are required to notify us if you wish to make changes to your subscription, such as changing your contact details or payment details. You can notify us by logging into your account via the www.thedailyset.com.au website.
By becoming a subscriber, you acknowledge and agree that:

the tips you receive are confidential and proprietary in nature and, to this end, must not, under any circumstances, be forwarded on or otherwise communicated in any form to any person without our prior written consent;
all other information you receive in relation to your subscription and membership is also confidential and must not be disclosed unless expressly authorised by us or required by law; and
all intellectual property contained in the information you receive in connection with your subscription and membership belongs to and is exclusively owned by us (or our licensors).

By becoming a subscriber, you also consent to receiving information and links to third party websites. Thedailyset.com.au may link to affiliate programs, and may earn affiliate income in the form of sales commissions, marketing fees, royalties, rebates, and points from links you click on. You agree that we do not guarantee the suitability, quality, price, functionality, or safety of any products or services offered by affiliates.
Tips will ordinarily be provided by the day/time indicated on thedailyset.com.au
From time to time, in the course of events or activities associated with your membership, we may take photographs and/or video footage in which you may be identifiable. You agree that any material obtained may be used in any of our advertisements, materials or merchandise without any compensation to you.
Thedailseyt.com.au only accepts payments in AUD$. If you are paying for subscriptions in a currency other than AUD$, members must ensure that the amount is sufficient following conversion into AUD$ by the receiving bank. Any applicable refunds will be paid in AUD$. We accept no foreign exchange risk.
Refunds will be made using the original payment method used for each subscription payment.

Subscription Cancellations

You may cancel your subscription at by:

Logging into your account via the www.thedailyset.com.au website, clicking the “My Account” section and subscriptions here you will have the option to “cancel subscription” follow the prompts and click “cancel Subscription” to confirm you want to cancel your subscription
We may cancel your subscription at any time if we suspect, on reasonable grounds, that you are in breach of any of these Terms.

Competitions and Promotions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In the case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Privacy

The personal information that you provide to us when creating an account and signing-up for a subscription will be used for the purpose of managing your subscription, including sending you notices about your subscription and making payments, as well as notifying you about our other products and services (and those of our affiliates) which may be of interest to you. Your personal information will be handled in accordance with our PRIVACY POLICY. Information about how you may access or correct your personal information or make a privacy-related complaint is detailed in our Privacy Policy.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Services, including but not limited to:

any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
using the Services to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to Thedailyset.com.au any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, likely to incite violence, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to Thedailyset.com.au, we have the right to take down this information at our sole discretion and without notice.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in Thedailyset.com.au and in all of the material (including all text, graphics, logos, audio and software) made available on Thedailyset.com.au(Content).
Your use of Thedailyset.com.au and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to Thedailyset.com.au or the Content. However we do grant you a licence to access Thedailyset.com.au and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of Thedailyset.com.au or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location and publication, reproduction or distribution of the Content is expressly prohibited.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. You acknowledge sole responsibility for, and assume all risk arising from, your use of Thedailyset.com.au

Waiver

If we fail to exercise or delay in exercising any right, power or remedy, we do not waive the right, power or remedy.
If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that breach or subsequent or similar breaches.

Invalidity

If any part of these Terms is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed to have not been included in the Terms in that jurisdiction. This will not affect the remaining provisions.

Jurisdiction and governing law

Your use of Thedailyset.com.au, our Services and these Terms is governed by the laws in force in South Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia

Last Updated:1 ^st December 2023