Terms of Use

These Terms were last updated on 28 October 2025 and the updates take effect from that date.

(a) We grant you a limited, non-exclusive, non-transferable, revocable, non-sub licensable licence to access and use the Website and Services in accordance with these Terms. We may terminate this limited licence at any time for any reason.

(b) The limited licence granted under clause 1(a) is limited to personal and non-commercial use.

(a) We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we do not provide any warranty or representation as to the accuracy, quality, adequacy or completeness of information contained on the Website and nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website.

(b) Without limiting the generality of clause 2(a), you agree that:

(i) the Website and all information presented on the Website is provided for entertainment purposes only and does not constitute advice; and

(a) You agree that you will use this Website in accordance with all applicable local, state, national and international laws, rules and regulations.

(b) You agree that you will not:

(i) use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent, or obscene or in any other inappropriate way or in a way which conflicts with the Website or the Services;

(ii) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express prior written consent;

(iii) attempt to license, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Website (or any underlying software) or any access to or use of the Website;

(iv) modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Website (or any underlying software);

(v) infringe, challenge or impair a third party’s Intellectual Property Rights or remove any copyright, trademark or other proprietary rights notice from the Website or any materials available through the Website; or

(vi) violate another person’s confidential information or intellectual property rights, or any other rights of another person.

(c) You must not interfere with or disrupt the Website, servers or networks connected to the Website, including by transmitting any works, viruses, spyware, malware or any other code of a destructive of disruptive nature.

(d) You must not change, modify, adapt or alter the Website or change, modify or alter another website so as to falsely imply that it is associated with our Website.

(a) You acknowledge and agree that we hold all Intellectual Property Rights in the content of the Website and Services (and all underlying software), including without limitation all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website from time to time or used in connection with the Services.

(b) You must not in any way challenge or impair our ownership of our Intellectual Property Rights.

(c) You must not use, replicate or licence our Intellectual Property Rights other than as permitted by law. Specifically, you must not use, replicate or licence our Intellectual Property Rights for commercial purposes unless expressly agreed to by us, in which case we may require you to enter into a licence agreement.

(d) Except as expressly provided in these Terms, nothing shall be construed as conferring on you or any third party any licence or right to use Intellectual Property Rights in the Website, Services or the underlying software.

(e) To the extent that any Intellectual Property Rights subsist in any material that you upload to or otherwise share while using the Website or Services (Content), you acknowledge that such Intellectual Property Rights are assigned to RWWA by you immediately upon creation and that, for the avoidance of doubt, RWWA will own all Content.

f) You acknowledge that RWWA may reuse, publish and communicate any Content on any platform or distribution channel of RWWA’s choosing, including for marketing and promotional purposes.

(a) This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service.

(b) We accept no liability for loss or damage arising out of or in connection with your use of these third-party sites.

(a) You assume total responsibility and risk for your use of the Website. To the extent permitted by law, the Website and related information is provided to you on an "as is, as available" basis and we do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation in respect to the accuracy of any information on the Website) and we shall not be liable for any loss or damage that you might suffer no matter how arising (including, without limitation, negligence, consequential loss or loss or damage arising from loss of data or profits) that is directly or indirectly related to your use of the Website or our Services.

(b) To the maximum extent permitted by law, we take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.

(c) Further, all of our Services are provided without a warranty with the exception of any warranties provided by law.

(d) Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.

(a) Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you acknowledge that you have read the Privacy Policy.

(b) We will take all reasonable endeavors to ensure that personal information you provide to us will be kept confidential and dealt with in accordance with our Privacy Policy.

(c) You acknowledge and agree that, even though you may access third party sites or services through links appearing on our Website, those sites and services are subject to the privacy practices of their owners. You should carefully review the privacy policies of those organisations before providing them with any personal information.

(d) The Website maintains security protocols to protect against unauthorised access. However, you acknowledge that the internet gives rise to the risk that your information is being viewed, intercepted or modified by third parties and that files you download may contain viruses or other devices.

(e) We provide no warranty or representation that the Website will not cause any damage or is free from any virus or any other device.

(f) To the extent permissible by law, we accept no liability for any interference with, or damage to your computer system, software or data which occurs in connection with the Website or its use. You must take all reasonably appropriate precautions to ensure that anything within the Website, or any third-party links are free from viruses and other devices.

(a) These Terms are governed by and construed in accordance with the laws of Western Australia. Any disputes concerning this website are to be resolved by a court of competent jurisdiction, and in accordance with the Racing and Wagering Western Australia Act 2003 (WA) and the Regulations.

(b) We retain the right to bring proceedings against you for breach of these Terms, in your country of residence or any other appropriate jurisdiction.

(c) We do not waive a right, power or remedy available pursuant to these Terms if we fail to exercise or delay in exercising the right, power or remedy.

(d) If any part of these Terms becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to have full force and effect.

(e) No rule of construction applies to our disadvantage because we were responsible for preparing, or seek to rely on, these Terms or any part of them.

(f) We may change these Terms from time to time without providing notice to you, by posting an updated version of the Terms on our Website. Prior to using our Website you should ensure that you have reviewed and are aware of the terms and conditions of use contained in these Terms, including any amendments. By continuing to use the Website you agree to the terms and conditions of use contained in these Terms as amended from time to time.

In these Terms, unless the context requires otherwise:

(a) Intellectual Property Rights means all forms of copyright, patents, trade marks, designs, trade secrets, know-how, confidential information, circuit layouts and other intellectual property.

(b) Privacy Policy means RWWA’s privacy policy available here.

(c) Services means any services we offer through this Website, or other means (such as newsletters) and any goods offered in connection with those services. 

(d) Terms means these terms and conditions for the use of the Website.

(v) https://www.offthetrackwa.com.au/.

11.2 Interpretation

In these Terms, unless the context indicates otherwise:

(a) a reference to “we”, “us” “our” or “RWWA” is a reference to Racing and Wagering Western Australia ABN 21 347 055 603;

(b) every reference to “you” in these Terms is a reference to an individual who uses the Website or Services;

(c) headings are for convenience only and do not affect interpretation; and