Terms & Conditions

General 

1. Anyone accessing our website and other sites, such as our mobile, tablet and app versions (collectively the “Sites”) and using the services (the “Services”) offered by TheMailBag (Australia) Pty Ltd (“The Mailbag”, “we”, “our”) must be of 18 years of age or above. 
2. By accessing the Sites and the Services, you agree to the terms and conditions and privacy policy of The Mailbag. 

Amendments to the Terms and Conditions 

1. From time to time, we may update these terms and conditions and our privacy policy. We will publish the amended terms and conditions on our website, upon which they will become effective. We will also inform you of any amendments that materially impact you.
2. If you continue to use our Services after the amended terms and conditions are published, you are agreeing to be bound by the amended terms and conditions. 

Subscriptions 

1. We offer a choice of subscription packages for horse racing and various sports. 
2. To commence as a subscriber of the Mailbag, you will need to: 
3. Be 18 years of age or older; 
4. Download The Mailbag App (as required); 
5. Create an account and maintain a password for the App; 
6. Choose a subscription package as offered on the Sites; 
7. Accept these terms and conditions at the time of becoming a subscriber. 
8. A subscription package must be paid in advance. 
9. The following subscription packages are offered:
10. A specified plan period with no automatic renewal (“one-off purchases”); or 
11. A specified plan period with automatic renewal (“subscriptions”). 
12. At the time of entering into a subscription package, you will acknowledge that you agree with these terms and conditions. 
13. At the time of entering into a subscription package, we will email you confirmation of the package that you have purchased. 
14. You are required to inform us if you wish to make any changes to your subscription such as changing your subscription package, amending your payment details or changing your contact details. This can be completed via the customer login portal on the website.
15. Further information regarding login and account services under the “FAQs” section on the Sites.

Non-automatic renewal products (“one-off purchases”)

1. This type of product will commence on the date of the order of purchase and conclude at the end period (depending on the length of product chosen). 
2. It will be your responsibility to pay your renewal fee in order to continue receiving the Services. This can be done by purchasing the same product from the web-store.
3. We will email you not less than seven (7) days before the expiry of any product to inform you that your membership is ending.

Automatic renewal products (“subscriptions”)

1. If you choose for an automatic renewal of your subscription: 
2. You expressly authorise us to automatically charge your credit or debit card for each subscription payment when it becomes due;
3. You agree that you are liable to pay the payments as identified in the subscription package that you enter into; 
4. You agree to provide us with current credit or debit card details and provide updated details of same when required and/or requested. 
5. For any automatic renewals for packages of one month or more, we will email you not less than seven (7) days before the end of any subscription period to inform you of the upcoming charge for the forthcoming subscription period. 
6. If you wish to cancel an automatic renewal, you need to do so either on our Sites where provided or contact us directly. Please note, using the login portal is the fastest and most efficient way to achieve this.
7. Automatic renewal of your subscription will occur unless you cancel your subscription prior to the date of renewal of the automatic subscription. 
8. If you cancel a subscription after it has been renewed, you will continue receiving the Services for the period of payment provided. 

Trial period 

1. We offer a free seven (7) day trial period for new subscribers only and is limited to one per person. This only applies to subscription products.
2. At the conclusion of the trial period, you will automatically be charged for the subscription chosen by you in accordance with the terms and conditions herein as to the automatic renewal of subscriptions. 
3. If you wish to not be charged following the free seven (7) day trial period, you will need to cancel your free subscription in your account, which can be created on the website. Detailed information can be found under FAQs on the Sites. 
4. The Mailbag can cancel this trial for anyone deemed to be breaching these terms and conditions.

Pricing of the Services 

1. The price of a subscription package will be displayed at the time of purchase and by purchasing a package, you agree to pay the price as stated at the time of purchase. All prices are in Australian Dollars and inclusive of GST. 
2. The Mailbag can amend the pricing schedule of the subscription packages by providing no less than 14 days’ notice to you. 
3. If you are already on an automatic renewal subscription, the Mailbag will continue your automatic payment arrangements in accordance without amendment to the pricing schedule, unless the subscription is cancelled or placed on hold by the customer. 
4. If you are on a non-automatic subscription, any increase in the pricing schedule will be applied at the time of your renewal of the product. 

Cancellation 

1. You may cancel your subscription at any time by using the customer account login on the website. If you cancel your subscription, you will receive the content until the expiry date of your subscription, i.e., this may not be the date of the cancellation of your subscription. 
2. We may cancel your subscription at any time if we contend that you have breached these terms and conditions. 

Refunds 

1. There are no refunds offered on any automatic renewal subscriptions. 
2. If you purchase a non-automatic product by mistake and you notify us prior to the service being provided, we will refund your subscription fee in full. We do not offer refunds for services that have been completed, unless there is a technological fault.

Liability of the Mailbag 

1. Whilst we take all care in producing the information and content provided to our subscribers, we take no responsibility or liability as to any errors or inaccuracies in any of the content provided on our Sites. It is the subscriber’s responsibility to decide how to use the content produced by us. 
2. We promote responsible gambling. It is the subscriber’s responsibility to control their gambling activities. 
3. There is no guarantee in the content produced by us. We are not responsible for any loss, damage or cost suffered by any of our subscribers. Any monetary investment made by a subscriber is done so on their own volition and at their own risk and we are not liable whatsoever arising from those actions. We will not offer and are not liable for any refunds or compensation to subscribers in relation to any monies lost. 
4. We do not provide any financial advice as part of our Services. 
5. If a person brings a claim against us in relation to the actions of a subscriber on our Sites, the subscriber will indemnify us from and against all damages incurred in relation that action.  
6. If a subscriber and/or a person on behalf of a subscriber and/or any other person brings a claim against us in relation to any loss or damage suffered by a subscriber, the subscriber will indemnify us from and against all damages incurred in relation that action.  

Activity of subscribers 

1. In using the Services and accessing the Sites, you agree to not undertake any acts that are deemed illegal or/or are prohibited by any laws that relating to the Services and/or are actions that we deem to be inappropriate including: 
2. Any act that breaches the privacy of another person or otherwise breaches legislation in relation to privacy; 
3. Conduct that would be considered to be illegal such as conduct that is defamatory, racist, threatening or conduct that would breach our network security; 
4. Any act that would be deemed to either defame or libel either us or any other person or entity.  

Copyright and intellectual property rights

1. All material and content on our Sites are copyright protected. 
2. Your use of the content and material produced to you as part of your subscription does not grant you any rights, title or interest in the Sites and/or the material and content referenced therein. You do have a licence to access the Sites in accordance with your subscription. 
3. You are not entitled to reproduce, copy or transmit any part of the Sites and/or the material and content referenced therein without written permission from us. 

Waiver

1. The fact that we fail to do, or we are delayed in doing, something we are entitled to do under these terms and conditions, does not amount to a waiver of our right to do it. 

Invalidity and severability 

1. If any part of these terms and conditions is found to be illegal, unenforceable or invalid, then that part is removed from these terms and conditions and the remaining provisions are not affected. 

Jurisdiction and governing law 

1. Your use of the Sites and these terms and conditions are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of its courts.