Terms and Conditions

TERMS OF SERVICE INTRODUCTION
The Company provides the EvAccess online application that provides recommendations and tips on match betting and special offers provided by third-party betting agents. Use of EVAccess is subject to these Terms of Service

Definitions
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
(a) Agreement means the agreement formed between the Users and the Company under, and on the terms of, these Terms of Service.
(b) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Brisbane, Queensland.
(c) Company means EVAccess Pty Ltd, ABN 79 659 055 017.
(d) EVAccess means the EVAccess digital platform accessible from https://evaccess.com.au, which provides information on the offers and Bets made available by third-party bookmakers.
(e) Fee means a fee charged by the Company for use of EVAccess.
(f) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(g) Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
(h) Privacy Act means the Privacy Act 1988 (Cth).
(i) Privacy Policy means the Company's privacy policy as updated from time-to-time, which can be found at https://evaccess.com.au/privacy-and-policy.
(j) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(k) Terms of Service means the terms and conditions of using EVAccess, as updated from time-to-time, which can be found at https://evaccess.com.au/terms-and-conditions.
(l) User means any registered User of EVAccess.
(m) User Content means images, information, documents or other data that is uploaded or input into EVAccess by the User or that forms part of the User's Intellectual Property.

1 USING EVAccess
1.1 The Company is not a bookmaker. The Company does not exchange money for bets or conduct gambling of any kind.
1.2 The Company advocates responsible gambling and recommends each User seek professional assistance if the User (or a person close to the User) believes that the User's betting habits have (or may) become a problem. The Company recommends contacting services such as the Queensland Responsible Gambling Advisory Committee, or any equivalent service locally available to the User. [insert relevant responsible gambling resources].
1.3 To use EVAccess, the User must log into EVAccess and have set up their account.
1.4 The User agrees that all use of EVAccess is subject to these Terms of Service.
1.5 EVAccess is only available to Users over the age of 18.
1.6 The User shall be responsible for paying the Fees for using EVAccess.
1.7 The Company may suspend the account or restrict the access of any User that breaches the terms of this Agreement.

2 Features
2.1 EVAccess may allow a User to:
(a) View Bets available from Bookmakers, together with comparisons for potential matched Bets;
(b) Access exclusive content and recommendations available only to subscribers, including (without limitation):
i Recommendations of matched Bets with one Bookmaker to bet against it with another so as to minimise any potential loss, and/or gain other benefits from a Bookmaker;
ii Receive the EVAccess newsletter which may include information on to Bet recommendations;
iii Exclusive video tutorials and other information;
iv Access to EVAccess social media; and
(c) Such other features as the Company shall make available from time-to-time via EVAccess
2.2 Bets and Information.
(a) The information made available regarding Bets (including matched Bets) via EVAccess is sourced from third-party Bookmakers. The Company makes no warranty as to the accuracy or fitness-for-purpose of that information, or the reliability of any recommendation made by the Company based on that information.
(b) Each User acknowledges and accepts that:
i All use of EVAccess is at the Users own risk, and the User indemnifies the company for any loss it may suffer from using EVAccess.
ii The Company makes no representation that the User will make achieve a particular outcome (including winning any amount) if the User elects to follow a recommendation, or rely on any information made available via EVAccess;
iii The Company is not a Bookmaker and does not place bets on behalf of Users;
iv The User is solely responsible for placing any Bet with a Bookmaker via third-party services, whether that Bet is the result of a recommendation or advertisement within EVAccess or not;
v In no circumstance will EVAccess be responsible for a Bet placed by a User with any Bookmaker;
vi The User must not share any information accessed via EVAccess with any person that is not a User subject to the same level of subscription as the User.

3 Fees, payments & refunds
3.1 Fees
(a) The primary fee to use EVAccess shall be the subscription fee, which is payable in advance (after any free trial period has expired).
(b) Each fee applies in accordance with such features and/or services subscribed for by the User in accordance with the pricing described on the Site, or as otherwise agreed with the Company.
(c) The User agrees to make payment in advance for all fees due at such frequency, or on such dates as the User has subscribed for.
(d) All payments shall be made via the online payment gateway within EVAccess, or in such other manner as the Company may direct from time-to-time. The User agrees that it has no right to access EVAccess if it fails to make payments when due.
(e) The Company reserves the right to introduce or change any fees from time-to-time by giving the User no less than 14 days’ written notice. Any new or changed fees will apply at the next billing period after the User has been given such notice.
(f) If a User does not accept a change to any fees, then it can simply terminate its account.
(g) The consultation fee for any consultation with an experienced bettor is $400 per hour. Payment for any consultation must be made in advance.
3.2 Currency.
All fees are quoted in Australian dollars, however, transactions may be processed in an equivalent foreign currency (such as US dollars or British pounds).
3.3 GST.
For Users in Australia, GST is applicable to any fees charged by the Company to the User. Unless expressed otherwise, all fees shall be deemed inclusive of GST. The Company will provide the User with a tax invoice for any payments.
3.4 Refunds.
(a) There are no refunds on any of our products including EVAccess subscription fees or consultation fees.
(b) No other refunds of fees are offered except as required by law.
3.5 Late Payment.
(a) If the User does not pay the full fees as required, the Company may suspend all User access to EVAccess for that account.
(b) If fees are not brought out of arrears within 28 days of becoming overdue, the Company may terminate the User's account in EVAccess without notice and end this Agreement.
(c) The User agrees that the Company shall not be responsible or liable in any way for:
i Interruptions to the availability of EVAccess or User Content in the event of (a);
ii Loss of User Content in the event of (b).

4 General conditions
4.1 Licence
(a) By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use EVAccess for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
(b) The Company may issue the licence to the User on the further terms or limitations (including the number of users or volume of use or transactions) as it sees fit.
(c) The Company may revoke or suspend the User's licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.
4.2 Modification of Terms
(a) The terms of this Agreement may be updated by the Company from time-to-time.
(b) Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using EVAccess.
4.3 Software-as-a-Service
(a) The User agrees and accepts that EVAccess is:
i Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available 'locally' from the User's systems; and
ii Managed and supported exclusively by the Company from the Company servers and that no 'back-end' access to EVAccess is available to the User unless expressly agreed in writing.
(b) As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter EVAccess.
4.4 Support
(a) The Company provides user support for EVAccess via the email address support@evaccess.com.au.
(b) The Company shall endeavour to respond to all support requests within 1 Business Day.
4.5 Use & Availability
(a) The User agrees that it shall only use EVAccess for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
(b) The User is solely responsible for the security of its username and password for access to EVAccess. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its EVAccess account.
(c) The User agrees that the Company shall provide access to EVAccess to the best of its abilities, however:
i Access to EVAccess may be prevented by issues outside of its control; and
ii It accepts no responsibility for ongoing access to EVAccess.
4.6 Privacy
(a) The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other customers.
(b) EVAccess may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.
4.7 Data
(a) Security. The Company takes the security of EVAccess and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
(b) Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
(c) Storage. The Company stores data on servers based in the USA according to accepted industry standards. If the User requires its User Data to be stored in a different location, the Company may charge the User a fee to do so.
(d) Backup. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.
4.8 Intellectual Property
(a) Trademarks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
(b) Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of EVAccess.
(c) The EVAccess Application. The User agrees and accepts that EVAccess is the Intellectual Property of the Company and the User further warrants that by using EVAccess the User will not:
i Copy EVAccess or the services that it provides for the User’s own commercial purposes; and
ii Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in EVAccess or any documentation associated with it.
(d) Content. All content submitted to the Company, whether via EVAccess or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to EVAccess.
4.9 Disclaimer of Third Party Services & Information
(a) The User acknowledges that EVAccess is dependent on third-party services, including but not limited to:
i Banks, credit card providers and merchant gateway providers;
ii Telecommunications services;
iii Hosting services;
iv Email services; and
v Analytics services.
(b) The User agrees that the Company shall not be responsible or liable in any way for:
i Interruptions to the availability of EVAccess due to third-party services; or
ii Information contained on any linked third party website.
4.10 Liability & Indemnity
(a) The User agrees that it uses EVAccess at its own risk.
(b) The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
(c) The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User's use of or conduct in connection with EVAccess, including any breach by the User of these Terms of Service.
(d) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use EVAccess, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, or business interruption of any type, whether in tort, contract or otherwise.
(e) Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company's related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company's liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company's option to:
i The re-supply of services or payment of the cost of re-supply of services; or
ii The replacement or repair of goods or payment of the cost of replacement or repair.
4.11 Termination
(a) Either party may terminate this Agreement by giving the other party 1 month’s written notice.
(b) Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
(c) Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 4.9, 4.12 and 4.13 survive termination of this Agreement.
4.12 Dispute Resolution
(a) If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
i Includes or is accompanied by full and detailed particulars of the Dispute; and
ii Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
(b) Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
(c) Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
(d) Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
(e) Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
4.13 Electronic Communication, Amendment & Assignment
(a) The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
(b) The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.
(c) The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
(d) A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
(e) Notices must be sent to the parties’ most recent known contact details.
(f) The User may not assign or otherwise create an interest in this Agreement.
(g) The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.
4.14 General
(a) Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
(b) Prevalence. To the extent this Agreement is in conflict with, or inconsistent with any Special Conditions made under this Agreement, the terms of those Special Conditions shall prevail.
(c) Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
(d) Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
(e) Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
(f) Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
(g) Governing Law. This Agreement is governed by the laws of Queensland, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
(h) Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
4.15 Support for User Bet Placements
(a) The Company may, from time to time, provide support to Users in placing bets through the EVAccess platform.
(b) The User acknowledges that any support provided by the Company is offered as a courtesy and does not guarantee the accuracy or success of any bet placement.
(c) The User agrees that the Company shall not be liable for any losses or damages incurred as a result of any bet placement, regardless of whether such placement was supported by the Company.
(d) The User warrants that they have conducted their own independent analysis and research before placing any bet, and that they will not hold the Company responsible for any losses resulting from their bet placements.
(e) The Company reserves the right to refuse support for any bet placement at its sole discretion.