Terms of Use

TGS Link Customer Portal

TERMS OF USE

1.1       General

These Terms of Use (Terms) apply to the website owned and operated by Tabcorp Gaming Solutions (TGS) under the domain name tgslink.tabcorp.com.au (the Website)

By visiting the Website you are bound by these Terms in addition to any other terms that are notified to you on the Website, including:

  • specific and additional terms accessible that apply to specific sections of the Website;
  • the privacy policy accessible at https://tabcorpgaming.com.au/privacy-policy/ (Privacy Policy); and
  • any other policy as determined by TGS,

collectively constituting a legally binding agreement between you and TGS.

To the extent of any inconsistency between these Terms and any additional terms, the Privacy Policy and any more specific terms shall override the general Terms to the extent of the inconsistency.

1.2       Access and Use

The Website is intended for use by TGS customers who have entered into a Gaming Services Agreement or similar agreement with TGS (TGS Customers). The Website is provided as a resource to TGS Customers in conjunction with other TGS services. You must not permit any other person to use or exploit the Website without the permission of TGS.

By using, accessing or reviewing the Website, you warrant to TGS that you have the authority to enter into an agreement with TGS on these Terms and that you have considered and agree to be bound by these Terms, as may be modified from time to time.

These Terms are current as at the date at the end of this page. TGS reserves the right to make changes to the Terms from time to time, and it is your responsibility to read these Terms each time you use the Website to ensure that you are kept up to date. TGS will provide you with notification where TGS reasonably believes that any variation to these Terms will cause material detriment to you. If you do not agree to any of the Terms, please refrain from using the Website. By continuing to use of the Website, you accept the current Terms.

TGS does not guarantee, represent or warrant that your use of the Website will be uninterrupted, secure or error-free.

1.3       Access at TGS’ discretion

You acknowledge that your access to the Website is entirely at the discretion of TGS.  TGS may refuse to grant you access to the Website, or suspend, modify or terminate your access to the Website for any reason whatsoever.

Without limiting the above, TGS expressly reserves the right to immediately terminate your access to the Website at any time if it decides, at its sole discretion, that you have breached these Terms or you have engaged in conduct that TGS considers to be inappropriate or unacceptable.

1.4       IP Rights

All proprietary rights (including copyright, patent, trade mark, trade secrets (IP Rights)) in all website material (including brochures, pamphlets, videos, PDFs and other material downloadable from the Website) (Website Material) are owned, or licensed to, TGS.

The Website Material is protected by Australian and international intellectual property laws. The Website Material is intended for the use and benefit of TGS Customers only and is to only be used, distributed or shared for the purpose of operating the gaming business of a TGS Customer.

TGS grants you a limited, personal, non-exclusive, revocable license to use and access the Website Material solely for the benefit and use of your TGS business, on the following terms:

  1. you must not remove any TGS copyright or other proprietary notice;
  2. you must acknowledge that any Website Material is reproduced with the permission of “TGS” and identify the full name of the document (i.e. ‘title of document’ © TGS. Reproduced with permission.’;
  3. you must not alter or modify any Website Material in any way whatsoever without TGS’s prior written permission;
  4. you must not, in relation to any Website Material:
    1. use it in a way that suggests that you are affiliated with, or endorsed by, TGS; and
    2. distribute it in any way to third parties without TGS’s prior written permission.

Use of Website Material other than directly in relation to the operation of a TGS Customer’s gaming business of any kind is expressly prohibited without prior written permission from TGS.

1.5       Third party applications and websites

TGS may provide you with access to third party tools, applications, and other services (e.g. Regulator websites and Responsible Gambling resources which may be hosted by a third party provider) (Third Party Applications). TGS is not responsible for any content on Third Party Applications, nor does it endorse or approve such applications.

Any terms that apply to your use of any Third Party Applications will be between you and the relevant third party.

TGS makes no warranties or representations regarding the quality or accuracy of material available on websites controlled by third parties that you access via links or referrals from the Website (Third Party Websites), nor that such material does not infringe the IP Rights of a third party.

Your use of any Third Party Applications or Third Party Websites is done so at your own risk and you should make your own enquiries before relying on them. All complaints, claims, concerns, or questions regarding Third Party Applications or Third Party Websites should be directed to the third party.

1.6       Using the Website

The Website and all of its content is provided solely for TGS Customers to benefit their gaming business, unless TGS expressly agrees with you otherwise in writing. You must not use the Website to post, transmit, upload or attempt to post, transmit or upload any content, materials or information which:

  1. disrupts or interferes with any person or entity, or prevents any person or entity from accessing, using or enjoying the Website;
  2. is offensive, obscene, unlawful, defamatory, harassing, threatening, menacing, discriminatory or otherwise inappropriate;
  3. infringes the IP Rights of any third party;
  4. collects, tracks or solicits the personal information of others;
  5. is intended to spam, phish, pharm, pretext, spider, crawl, or scrape any other person; or
  6. constitutes false or misleading information

(collectively Acceptable Use Guidelines). Any breach of the Acceptable Use Guidelines may be grounds for suspension or termination of your access to the Website. TGS may take any appropriate action in respect of that breach.

1.7     Security and Privacy

TGS may collect, hold, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and TGS’ Privacy Policy. TGS’ Privacy Policy may be viewed here http:// tabcorpgaming.com.au/privacy-policy/.

TGS has granted you access to the Website and in doing so has issued you with a password that permits you to access various parts of the Website as a TGS Customer. You must protect the security of your password and ensure that it is not easy for others to guess. You must also protect the security of your email account used to register, as TGS may send password reminders to that account where TGS has been requested to do so via the Website.

You are solely responsible for any use of the Website through such access, whether authorised or not.

1.8     Liability and Indemnity

TGS has provided you access to the Website as a value-add to TGS gaming services already provided under your Gaming Services Agreement, or similar agreement. None of the Website Material constitutes advice of any kind and any information supplied is generic. The Website Material is not directive and does not replace the services of TGS or any regulatory authority.

TGS and our related parties (including but not limited to TGS’ contractors, subcontractors, service providers and licensors) are not liable, to the maximum extent possible under the applicable laws, for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence) or otherwise, arising from or out of your use of, or access to, the Website or Website Material, including, but not limited to, any errors or omissions in any content.

Nothing in these Terms limits, excludes, restricts, modifies or purports to limit, exclude, restrict or modify rights which you may have under the Australian Consumer Law. If you suffer any loss in connection with the Website, you must take all reasonable steps to minimise your loss, including notifying TGS without delay if there are steps TGS can take to help minimise your loss.

You agree to indemnify TGS and its related parties in respect of any liability incurred by TGS for any loss, claim, damage (including all reasonable legal fees), howsoever caused, and suffered by TGS or its related parties due to, or arising out of, your breach of these Terms, or your use of the Website, including but not limited to, any breach of IP rights in connection with the Website.

1.9   Miscellaneous

These Terms are effective unless and until terminated by either you or TGS. Your sole recourse if you wish to terminate these Terms is to cease using the Website.

If the whole or any part of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms continue to have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

Any failure by TGS to exercise or enforce any right or provision in relation to these Terms does not constitute a waiver of such right or provision.

These Terms are governed by and construed in accordance with the laws of Victoria, Australia and both parties agree to the exclusive jurisdiction of the courts of Victoria.

Questions about these Terms should be sent to us at tabcorpgamingsolutions@tabcorp.com.au.

Policy last updated: 27 June 2018