Terms and Conditions

1. APPLICATION OF THESE TERMS AND CONDITIONS

1.1 This website (our Website, Website) is owned and operated by Diesel Projects Pty Ltd (ACN 641 890 682) trading as Little Birdie Media (referred to in these terms as Little Birdie, we, us, and our). Please take the time to read these Terms and Conditions which apply to our Website or Little Birdie app (our App, App) and the content made available to you via our Website, App and our social media channels (Terms). These Terms together with our Privacy Policy apply to those who register with the Little Birdie Punters’ Club (LB Punters’ Club, Punters’ Club) as punters (Member) and those who visit our App or Website without registering, as applicable to their activities (user, you and your).

1.2 Please read these Terms as set out below, as by accessing and using our App, our Website, our social media channels and any other materials made available to you, you are taken to have accepted these Terms. By using our App or Website, you also agree to ensure that any information you supply to us is true and accurate in all respects.

2. JOINING THE LITTLE BIRDIE PUNTERS’ CLUB SERVICE

2.1 You may register with the LB Punters’ Club to be a Member. Once you complete the sign-up process you should download the App. By registering with the LB Punters’ Club service, you also create a Bookmaker Account with one of our Sponsored Bookmakers (either TopSport or another bookmaker we have given our prior approval to), unless you already have a Bookmaker Account.

2.2 During the sign-up process, you are provided with the following betting options:

(a) You may “opt-in” to all LB Punters’ Club bets with the ability to withdraw your Punter’s Club funds at any time, or change your preferences at any time to have the option to “opt-out” of each Punters’ Club bet; or

(b) You may download the App to receive push notifications to “opt-out” of each LB Punters’ Club.

2.3 Your Punters’ Club bets will be transacted using the virtual partitioned Punters’ Club Wallet (PC Wallet), which will automatically be set up in your Bookmaker Account upon registering as a Member.

2.4 You are free to withdraw your PC Wallet balance at any time, which will be transferred out of your PC Wallet but will remain within your Bookmaker Account (you may then withdraw any balance as you would normally withdraw by transacting with the Sponsored Bookmaker).

3. PARTICIPATING IN A PUNTERS’ CLUB

3.1 All Members are sent a push notification via the App of an upcoming Punters’ Club in the days leading up to the relevant Punters’ Club.

3.2 On the day of the Punters’ Club, Members are sent another push notification via the App with a 3-minute countdown of the beginning of the stream and a link to the YouTube URL. Little Birdie streams the Punters’ Club via the YouTube Punters’ Club stream embedded in the Website.

3.3 We place a bet on our own behalf using our own money, which is not comprised of any money collected from Members. This money is held by our Sponsored Bookmaker.

3.4 We agree the odds with the Sponsor Bookmaker providing the odds for the Punters’ Club. The Sponsored Bookmaker agrees to provide these odds to Little Birdie and all Members participating in the Punters’ Club at that time.

3.5 We send the details of our bet to all Members via a push notification on the App 60 seconds before we place the bet. Any Members who have chosen to “opt-out” of each bet via the App are then sent another push notification of our bet when it is placed and have 30 seconds to opt-out by selecting “opt-out” on the notification.

3.6 Members have full control over the bets placed through the Sponsor Bookmaker whether they selected the “opt-in” or the “opt-out” preference and are free to withdraw the balance from their PC Wallet at any time and cease betting.

3.7 During Punters’ Club streams which you opt-in to, bets placed on your behalf / by you are debited at the Punters’ Club bet stake amount. Any winning Punters’ Club bet return is then credited to the balance in your PC Wallet. The balance of your PC Wallet is updated after every bet and displayed on the Little Birdie App, with the aggregated Punters’ Club balances and profit/loss amount for all Members displayed in real time on the App.

3.8 Following a stream, Little Birdie will close the stream and your Sponsor Bookmaker will transfer your PC Wallet balance from the partitioned section of the Bookmaker Account to your main account. You may withdraw funds from your Bookmaker Account in accordance with the Sponsor Bookmaker’s terms and conditions.

4. BUYING IN AND BETTING LIMITS

4.1 You may buy into the Punters’ Club before the stream commences and during the Punters’ Club stream. You may also re-buy into any Punters’ Clubs you exit.

4.2 The maximum total amount to deposit to notionally buy-in or to re-buy in to any Punters’ Club is $500.00. The buy-in or rebuy-in process is completed through the deposit process with your Sponsor Bookmaker’s website (which opens in a separate app or browser). The amount you pay to buy-in or rebuy-in is deposited from your PC Wallet.

4.3 The $500.00 buy-in limit is in to ensure that our Punters’ Club is an enjoyable pastime delivered in a responsible manner. When you do reach the $500.00 limit, Little Birdie will be notified by the Sponsor Bookmaker with whom you have registered your Bookmaker Account.

5. ACKNOWLEDGMENTS

5.1 You acknowledge that when Little Birdie places a bet from your LB Punter’s Club Account that we do so by and on behalf of you (in accordance with your standing authorisation) with the Sponsor Bookmaker using your Bookmaker Account.

5.2 Little Birdie does not place the bet on behalf of any Member other than in accordance with their authorisation, nor does Little Birdie hold any funds on behalf of any Member in their Bookmaker Account. All Member bets are placed in respect of each Member’s Bookmaker Account and in accordance with the standing authorisation for Little Birdie to operate their PC Wallet.

5.3 Whilst your Member’s PC Wallet funds are notionally separate to any other funds you have in your Bookmaker Account, the PC Wallet funds will always be funds belonging to and controlled by you as a LB Punters’ Club Member, subject to the above standing authority you give to Little Birdie to bet on your behalf.

5.4 You further acknowledge and agree that Little Birdie is not providing any financial services advice or recommendations through our LB Punters’ Club service, or any other platform or service. You agree that the LB Punters’ Club service is a tipping service, under which you have authorised Little Birdie to operate your Bookmaker Account on your behalf in circumstances where you always have full control in relation to all betting transactions.

5.5 You also agree to unconditionally and irrevocably release and an indemnify Little Birdie in relation to all the matters discussed above.

6. NO MINORS

By using the LB Punters’ Club service you warrant that you:

(a) are over 18 years of age and have the legal capacity to enter into a legally binding contract;

(b) have read and accepted these Terms;

(c) will comply with these Terms; and

(d) understand and agree that Little Birdie is not liable for any loss or damage however occurring by your use of LB Punters’ Club services, the Website and the App.

7. CHANGES TO THESE TERMS

7.1 We fully reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without prior notice to you. These changes will be effective as of the date we post the revised version on our App and Website. It is your responsibility to review these Terms prior to and periodically throughout your participation in our Punters’ Club or access of the App and the Website. If at any time you choose not to accept these Terms, you should no longer use our App or Website.

7.2 Remaining on, and continuing to participate in, our Punters’ Club service or access our App or Website is deemed acceptance of any modifications or amendment of these Terms. If you are uncertain about the Terms or anything else on our App or Website, please don’t hesitate to contact us before deciding to bet or continue to bet in any Punters’ Club.

8. INTELLECTUAL PROPERTY

8.1 Our Website and App contain Intellectual Property owned by us and / or by third-parties that license the content to us (Third-Party Licensed Intellectual Property), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (Content).

8.2 Your use of the Website and App and access to any Content does not grant or transfer any rights, title or interest to you in relation to any Intellectual Property or Third-Party Licensed Intellectual Property in any form.

8.3 Except as permitted under the Copyright Act 1968 (Cth), or any other applicable law in the location from which you accesses our App or Website, you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our App or Website, our Intellectual Property and Third-Party Licensed Intellectual Property in any manner (including by e-mail or other electronic means) in whole or in part without our prior written consent. We reserve the right to immediately remove your access to the LB Punters’ Club or our App or Website generally if you are found to be violating this clause.

8.4 You may also not frame any of the Content of our Website or App or incorporate it into another website or app, nor may you create or use an account for the purposes of evaluating the LB Punters’ Club service, or for copying or incorporating any of the Little Birdie processes or features into another product, business or service that could be reasonably assessed as being in competition with Little Birdie.

9. CONTENT DISCLAIMER

9.1 Our App and Website contains information on and access to upcoming Punters’ Clubs, live and previous Punters’ Club streams (including full streams and highlights), our Little Birdie podcasts, our Little Birdie Twitter feed, links to download the Little Birdie app, and advertisements including those with links to affiliates.

9.2 Our App and Website may have articles and Content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the App or Website is not a substitute for obtaining advice specific to your circumstances from a qualified professional.

9.3 Please also note that the presence of advertisements on our App or Website should not be construed as an endorsement or recommendation by Little Birdie of the products or services, nor are we responsible for the Content on those apps or websites, unless we explicitly tell you otherwise. Any Member or other person who clicks on the advertisement and accesses the third party’s products and/or services does so entirely at their own risk.

9.4 Any third-party links are also provided for convenience only and may not remain current or be maintained. Little Birdie makes no representation or warranty as to the accuracy, quality, fitness for purpose or any other aspect of the information on those linked websites.

9.5 While we also do our best to ensure that the colours of any products are accurately displaced, please note that on occasion the colour on our App or Website may seem different. Depending on the device you use, this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the colour of the product.

10. PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed below. By using our App or Website, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

11. ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

11.1 You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our App or Website, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission.

11.2 You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

12. PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances use our App or Website, or their content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, or state regulations, rules, laws, or local ordinances;

(d) to attempt to change, remove, deface, hack or otherwise interfere with the App or Website or any material or content displaced on the App or Website;

(e) to hack into any aspect of the Little Birdie’s services, corrupt data or cause any annoyance to other users;

(f) to infringe upon the rights of any other person's proprietary rights;

(g) to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

(h) to attempt to affect the performance or functionality of any computer or mobile device facilities of or accessed through the App or Website.

13. WARRANTIES AND FURTHER DISCLAIMERS

Our App and Website are provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our App, our Website and / or the products or services including that:

(a) they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;

(b) access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or

(c) there is no possibility of failure to store communications or other data.

14. LIMITATION OF LIABILITY

14.1 To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of the LB Punters’ Club, your inability to access our App or Website, interruption or outage of our App or Website or the fact that content on our App or Website is inaccurate, incomplete or out of date.

14.2 Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

14.3 The Sponsor Bookmaker with whom you link your LB Punters’ Club account is the entity responsible for all customer identification requirements and other obligations pursuant to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). Little Birdie does not and never has assumed responsibility for, or liability for failure to uphold, any such duties.

14.4 Each Member must ensure that their access to LB Punters’ Club is not illegal or prohibited by laws which may apply to that Member.

15. OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our LB Punters’ Club in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

16. BREACH AND TERMINATION

The agreement constituted between us by your use of the LB Punters’ Club service may be terminated:

(a) where you breach any provision of these Terms; or

(b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access and use the App or the Website.

17. SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

18. CEASING OUR APP AND WEBSITE

We have the right to discontinue our Little Birdies App and Website. If we decide to do this, it can be at any time and may be without prior notice to you. We may also exclude any person from using our App or Website at any time and at our sole discretion. We will further not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

19. ASSIGNMENT

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. You are, however, not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

20. ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and disclaimers) constitute the entire understanding and agreement between us and you, in relation to your use of our LB Punters’ Club and use of the App or Website. These Terms supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to the Punters’ Club, the App and the Website.

21. SECURITY OF INFORMATION

Unfortunately, no data transmitted over the Internet can be guaranteed as totally secure. Although Little Birdie strives to protect any information submitted through the App and Website as best as possible, we do not warrant and cannot ensure the security of any information which a Member submits. Accordingly, any information that a Member submits to us using the App or Website is transmitted at the Member’s own risk.

22. GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Victoria, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.